M J Mapp Employee Handbook Last revised by
Julie Beeching April 2008
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This Handbook contains the essential information you will need regarding your employment with M J Mapp LLP. It is important that you read it, and if you have any questions, feel free to ask HR who will be able to clarify any uncertainties. You should read the Staff Handbook in conjunction with your main terms of employment. Section 1 of the Staff Handbook forms part of your contract of employment. In the event that there is a conflict between the terms of this Handbook and your contract of employment, the terms of your contract shall prevail. Section 2 contains all the Company’s policies, rules and procedures which have been developed to represent M J Mapp LLP’s values, to protect your interests and to comply with current good practice and legislation. They do not form part of your contract of employment but you are required to comply with their terms. Failure to do so could result in disciplinary action. It is your responsibility to familiarise yourself with these policies, rules and procedures. Please note that not all our policies and procedures are contained in this Handbook. M J Mapp LLP will review this Handbook annually and reserves the right to make changes to policies, responsibilities and rules, procedures to comply with changes in English legislation and to meet the needs of both employees and the Company. Legislative changes with which the Company must comply by law will be imposed on the date the legislation comes into effect. Any other changes will be discussed as appropriate and you will be given reasonable advance notice in writing.
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Table of Contents SECTION 1 – Contractual Terms 1.1 Hours of work........................................................................................................................3 1.2 Flexible working hours ........................................................................................................4 1.3 Place of work .........................................................................................................................5 1.4 Payment of Salary .................................................................................................................5 1.5 Bonus.....................................................................................................................................6 1.6 Deductions/Overpayments ....................................................................................................6 1.7 Pension ..................................................................................................................................7 1.8 Healthcare Scheme ................................................................................................................7 1.9 Subsidised Gym Membership..............................................................................................7 1.10 Expenses ................................................................................................................................7 1.11 Sickness Absence..................................................................................................................8 1.12 Annual Leave.......................................................................................................................10 1.13 Birthdays .............................................................................................................................11 1.14 Personal Data.......................................................................................................................12 1.15 Personal Property ................................................................................................................12 1.16 Company property ..............................................................................................................13 1.17 Standards of Business Conduct..........................................................................................13 1.18 Notice Periods .....................................................................................................................15 1.19 Retirement Policy ...............................................................................................................16 1.20 Use of Mail or Telephone...................................................................................................16 1.21 Internet .................................................................................................................................16 1.22 Email....................................................................................................................................17 1.23 Media ...................................................................................................................................17 1.24 Behaviour at work...............................................................................................................17 1.25 Alcohol and Drug Misuse ..................................................................................................18 1.26 Health and Safety ................................................................................................................18 1.27 No Smoking Policy ............................................................................................................19 1.28 Flexible working request ....................................................................................................20 1.29 Carers ...................................................................................................................................20 1.30 Induction..............................................................................................................................21 1.31 Performance Reviews ..........................................................................................................22 1.32 Responsibilities for Training and Development ...............................................................22 1.33 Study for Professional Qualifications.................................................................................23 1.34 Family Carers Leave...........................................................................................................23 1.35 Maternity Leave...................................................................................................................24 1.36 Paternity Leave & Pay........................................................................................................26 1.37 Adoption Leave & Pay .......................................................................................................26 1.38 Parental Leave .....................................................................................................................27 1.39 Extended leave.....................................................................................................................28 1.40 Compassionate Leave .........................................................................................................28 1.41 Time off for Public Duties ..................................................................................................28 1.42 Policy Statement .................................................................................................................29 1.43 Implementing Equality of Opportunity .............................................................................29 1.44 Harassment, Bullying and Victimisation..........................................................................30 1.45 Equal Opportunities Grievance Procedure.........................................................................33 1.46 PEFORMANCE Policy .....................................................................................................33 1.47 Grievance Procedure............................................................................................................35 1.48 Disciplinary Procedure........................................................................................................36 1.49 Right to Accompaniment ...................................................................................................40 1.0 WORKING ARRANGEMENTS
1.1 HOURS OF WORK 3
Your normal working week is stated in your Statement of Terms and Conditions of Employment. Should you wish to review your Statement of Terms and Conditions of Employment, please contact HR. You are encouraged to take breaks from time to time. If possible a lunch hour should be taken between the hours of 12 and 2pm. You may be required to work additional hours from time to time in order to complete your role for which no overtime will be paid. You are expected to be punctual as lateness lets down both the team and the clients. If you are going to be late and this hasn’t been prearranged you are asked to inform your line manager. Persistent lateness may lead to disciplinary action.
1.2 FLEXIBLE WORKING HOURS M J Mapp offers a policy of flexible working hours within the limitations of work load and the prior agreement of a Partner. The office’s core working hours are 9.00 am to 5.30 pm and you may be able to gain agreement to hours around this core time to suit your personal circumstances. When you are out of the office we ask that you inform your line manager, ensure that your outlook diary is up to date and that your colleagues have your contact details.
1.2.1
Working time
Working time is any period during which you as an employee are engaged on Company business. This includes time spent working to carry out duties, time spent on training courses, business travel and working lunches. Time spent travelling to and from work and lunch breaks spent at leisure are not regarded as working time. The Working Time Directive stipulates that the working week is not permitted to exceed an average of 48 hours per week, including overtime, over any 17 week reference period. The Company would not normally ask you to work longer hours than this but you do have the right to “opt out” of this limit, if you wish to opt out please press CTRL & click on the notepad below and complete the form. The Company is required to take all reasonable steps to ensure that this limit is complied with. If you have any concerns you should bring them to the attention of your line manager or the HR Department.
The 48 hour average working time weekly limit only applies to working time which is measured or predetermined or cannot be determined by employees themselves. This means that normal working hours stipulated in your contract of employment and any authorised overtime will be counted, but if you work additional hours voluntarily, i.e. without being required to do so by the Company, those hours will not count towards the 48 hour average limit. *Reference: Website: Department for Business Enterprise and Regulatory Reform – Employment Matters Employment Policy & Legislation – Working Time Regulations For further details from the Department for Business Enterprise and Regulatory Reform (BERR) website, please press CTRL & click the logo below
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1.2.2
Rest periods and breaks
Rest Breaks You are entitled to take an uninterrupted rest break of at least 20 minutes in a working period of more than 6 hours. You should spend this time away from your workplace. It is not permissible for you to take this at the beginning or the end of your working day. Such a break cannot overlap with the daily rest period. Daily Rest Period It is a requirement that you have a minimum daily rest period of 11 consecutive hours in every 24 hour period. Weekly Rest Period It is expected you have an uninterrupted weekly rest period of not less than 24 hours in each 7 day period. The weekly rest period can be averaged over a reference period of 14 days if this is appropriate. *Reference: Website: Department for Business Enterprise and Regulatory Reform – Employment Matters Employment Policy & Legislation – Working Time Regulations – Section 6: Rest Breaks at Work
1.3 PLACE OF WORK Your normal place of work is identified in your Statement of Terms and Conditions of Employment. You may be required to work at some other place or places within reasonable travelling distance from your home, either for the duration of your employment or from time to time. Where practicable the Company will give you one month’s notice in writing of any such change in your place of employment. However there may be unforeseen circumstances when you will be given less notice but the Company attempts to keep such circumstances to a minimum. You will not be required to make a change which would involve you moving your home without first being consulted about it. When considering any such changes the Company may take your domestic circumstances into account.
2.0 SALARY ADMINISTRATION
1.4 PAYMENT OF SALARY Your initial salary is stated in your Contract of Employment. The HR Partner (or their chosen nominee) is responsible for the monthly payroll for all M J Mapp staff. Upon joining, new staff are required to provide HR with all payroll information and importantly your most up-to-date P45 form, relating to the current tax year. Your salary will be paid one month in arrears into your bank account on the last working Friday of the month. HR are responsible for distributing payslips accordingly as well as the annual P60 forms at the end of the tax year.
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Your first month’s salary shall be in proportion to the number of days you have worked in the first month. The Company will deduct at source from your gross salary PAYE and NI contributions and any other deductions the Company is required by law to pay to the Inland Revenue. st
The Company reviews pay rates annually. Currently the annual review is effective from 1 January of each year. Pay increases are awarded at the Company’s discretion and are dependent on personal and business performance. You will be notified of any changes in writing at least 2 weeks before the date of the change. It is important to note that a pay review does not necessarily mean a pay increase and you have no contractual expectation of or entitlement to a pay rise. Please ask HR if you have any queries on under or over payments.
1.5 BONUS You may be awarded an annual performance related bonus at the discretion of the Partners. If you are not employed by the company or have given or received a ‘Notice of Termination’ (howsoever given) on the day any bonus is paid you will not be entitled to a bonus regardless of whether you were still employed when the bonus was awarded.
1.6 DEDUCTIONS/OVERPAYMENTS The Company may, at its absolute discretion, deduct from your salary or any other sums owed to you, any amount which you may owe to the Company including, but not limited to: a)
Any amount representing loss or damage sustained in relation to the property or money of the Company, clients, visitors or other employees, during the course of your employment caused through your act, carelessness, negligence, recklessness or through breach of the Company’s rules or instructions, or any dishonesty on your part.
b)
A day’s or part day’s pay for each day or part day of unauthorised absence. “Unauthorised absence” is failing to turn up for work at the appropriate time unless absence is due to: I.) genuine sickness which has been notified to the Company in accordance with this contract (See 3.1 Sickness absence) II.) leave for which prior permission has been granted; or III.) genuine reasons outside the employee’s control which are acceptable to the Company.
c)
The amount of any accidental overpayment to you.
d)
The amount of any loan made by the Company to you for whatever purpose or the amount due to the Company under any agreement with you, for example season ticket loan, training expense agreement.
The Company will notify you in writing of the details of any such deduction and provide you with copies of any supporting documents requested in connection with the deduction. It is in your interest to regularly check your payslip for accuracy.
3.0 EMPLOYMENT BENEFITS The following benefits will be available to all employees when they have completed their probation.
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1.7 PENSION The Company has made provision for you to contribute into a stakeholder pension. Full details of this pension scheme are available for your information from the HR Department. The company will match your contribution towards the stakeholder pension plan on your behalf to a maximum of 3% of your gross salary. An application form is available from the HR Department.
1.8 HEALTHCARE SCHEME We currently have a private healthcare scheme in place with Norwich Union, further details of this will be provided to you upon completion of your probation.
1.9 SUBSIDISED GYM MEMBERSHIP 1.10 EXPENSES 1.10.1 Company expenses You will be reimbursed for all expenses incurred on behalf of the Company however only within the Company Guidelines and in accordance with current Company policy. You should obtain receipts and submit them to your line manager for reimbursing. All payments will be made by cheque. It is essential all expenses over a set amount be authorised from your line manager prior to purchasing; we currently operate a policy of purchase order sign off for planned expenditure of over £100 – Please press CTRL & click on the notepad below to access the form. Should you have any queries regarding this matter please see your line manager or one of the partners as soon as possible.
1.10.2 Use of own car on Company business When you use your own car on Company business, you should ensure that the vehicle is fully taxed, appropriately insured and covered by a valid MOT Certificate. Any travelling expenses incurred in undertaking Company duties in your own motor vehicle will be reimbursed by the Company, according to the number of miles you have travelled and in line with the current policy on mileage reimbursement, as seen below: Approved mileage rates From 2002/03
First 10,000 business miles in the Each business mile over 10,000 in the tax year tax year
Cars and vans
40p
25p
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Motor cycles
24p
24p
Bicycles
20p
20p
*Reference: Website: HM Revenue & Customs – Library - Rates & Allowances – Travel http://www.hmrc.gov.uk/rates/travel.htm The Company will pay all reasonable parking expenses when you are undertaking Company business. For example Car Parks, Parking Meters. Under no circumstances will the Company pay parking fines or fines for any motoring offences committed by a member of staff whether or not on Company business.
1.10.3 Training Expenses If the company agrees to pay any external costs and expenses in connection with a course of study for a professional qualification, you will be required to sign an Agreement Form allowing the company to reclaim from you for all or part of the costs should you voluntarily leave the company within a specified period after completing the course. (See 3.4.1 Financial Support – Study for Professional Qualifications).
LEAVE ENTITLEMENTS
1.11 SICKNESS ABSENCE 1.11.1 Procedure If you are sick or injured there are a few necessary and important procedures that need to be followed should you be absent from work. It is essential that you follow the procedures correctly or you may lose money or face disciplinary proceedings. If you are too ill or injured to come to work you or someone on your behalf are required to notify your line manager or HR as soon as possible, and in any event no later than 10.00 am, on the first day of your absence. Please inform him/her of the reason for your absence and when you intend to return to work. If you do not know at this stage how long you will be absent it is essential you continue to keep in daily contact with the Company until you have a return date. You should provide the Company with details of how and when you can be contacted during your absence. On your return to work you need to report as soon as possible to your line manager for a meeting to discuss the reasons for your absence, your fitness to return to work, and any ways in which the company can support you to help you avoid absence in the future. You will be required to complete a Return from Sickness Form. *See attached Return from Sickness Form* - link If you are unfit for work for more than 7 consecutive days (including weekends and public holidays) you must give the Company a Medical Certificate from your doctor as soon as possible. You will need to provide Medical Certificates to cover the full period of your absence until you return to work.
1.11.2 Sickness/Injury payments and conditions If you are ill or injured and you have followed the sickness absence procedures set out in 6.1.1 above then you are entitled to Statutory Sick Pay during authorised absence/injury provided you meet the criteria laid down in Government SSP regulations.
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Company Sick Pay is paid at the Company’s discretion. If the Company finds that you are abusing your entitlements the payments may be suspended. Similarly the Company may extend the period of payment in cases of exceptional hardship. If you are entitled to claim sickness benefit other than from the Company you are obliged to do so. Any sickness payments made by the Company will be reduced by an amount equal to your state sickness benefit entitlement, whether or not claimed by you. Provided you have complied with the reporting obligations set out above, for any tax year, the maximum period of full salary payments including any entitlement to statutory sick pay will be: Period of continuous service 3 months 6 months 1 year 3 years
Sick Pay Entitlement 2 weeks 4 weeks 6 weeks 8 weeks
These allowances are calculated on a cumulative basis within a 12-month rolling period. Any day from Monday to Friday counts as one day and one week equals five days. Intermittent periods of sickness during any calendar year will be added together for the purpose of calculating your sick pay entitlement. These allowances may not be transferred from one year to the next. *Reference: Website: Directgov – Employment – Employees - Pay – Sick Pay Rights. http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_10027238 *Reference: Website: HM Revenue & Customs – Statutory Sick Pay – Frequently Asked Questions. http://www.hmrc.gov.uk/employers/ssp-faq.htm
1.11.3 Failure to follow the Sickness Absence procedure If you do not notify the Company on the first day or do not complete a Self-Certification form you could lose your entitlement to payment from the statutory Sick Pay Scheme and the Company’s Sick Pay Scheme, if relevant. If you do not complete the Self-Certification Form, or provide false information, or fail to supply Medical Certificates for any absence of more than 7 continuous days, then you could be liable for disciplinary action. If you do not inform the Company of your absence and the reasons for it, this will be regarded as unauthorised absence and may result in disciplinary action. If the reason for your absence is of a highly confidential nature and you do not want to state this in writing, you may ask for a confidential meeting with your line manager or with HR. The Company reserves the right to arrange for a Medical Examination by an independent Medical Examiner in order to ensure that you are fit to carry out your job (subject to the provisions of the Access to Medical Reports Act 1988). Any false or inaccurate claims regarding sickness may be classed as Gross Misconduct (See 10.2.4 Misconduct and Gross Misconduct) and could lead to your summary dismissal. The Company will respect your confidentiality if your circumstances are of a private and confidential nature.
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1.11.4 Medical Check-ups If you need to visit a medical practitioner or dentist for a routine check-up it is recommended you do this with the minimum of disruption to the working day. Whenever possible you should make appointments outside of working hours. If you have a problem arranging this please discuss it with your line manager agreeing on the best time and how to make up for lost time if necessary.
1.12 ANNUAL LEAVE st
st
The holiday year begins on 1 January and ends on 31 December each year. If you work full-time you will be entitled to the following periods of holiday per annum: a)
25 days plus
b)
8 public holidays
Part-time employees are entitled to the same leave calculated on a pro-rata basis. Any five consecutive working days constitute one holiday week. The Company reserves the right to refuse holiday requests if they are inconvenient and do not match business requirements. The Company also reserves the right to nominate annual leave days to meet business requirements. If the company operates a shutdown between Christmas and New Year you will be expected to take the necessary number of days of holiday from your annual leave entitlement.
1.12.1 Conditions Any holiday taken needs to be approved in advance by the Company and you should ask your line manager for agreement before you book any holidays. Holidays should be taken at times to suit your work schedule and needs of our clients. Holiday may be refused if too little notice is given, if the holiday significantly conflicts with arranged work or other staff have already booked annual leave for the period requested. M J Mapp LLP operates a ‘first-come first-served’ policy for holidays. It is advisable to give as much notice of your holiday arrangements as possible. The minimum amount of notice which is acceptable is twice the period of your holiday. For example, if you are requesting two weeks’ holiday you should give at least two weeks’ notice. You may not take more than 2 weeks’ (10 working days) holiday consecutively unless special authorisation has been given by the Partners. Holiday payments will be made at the basic rate of pay. The Company encourages you to take your full holiday entitlement for health and safety reasons. It is important that you maintain a good work/life balance and take time out to relax. For this reason you are not normally allowed to carry over holiday entitlement from one holiday year to the next. However in exceptional circumstances you may be allowed to carry over up to five days’ leave entitlement into the next year with the written permission from one of the Partners. This needs to be taken by the end of February in the following year. No lump sum payment will be made for leave entitlement which you do not take save as set out in clause 1.12.2 below.
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1.12.2 Starting and leaving employment During your probation period, you will be able to accrue your holiday entitlement but you will not be allowed to take any paid holidays unless otherwise agreed as part of your employment package when you joined the Company. This is to ensure that you spend as much as possible of your three months’ probationary period learning the job, getting to know the Company, and demonstrating your competence and potential. However, if you join after the first working day in January previously booked holiday arrangements may be honoured at the discretion of the Company. However any days you take which exceed holiday entitlement accrued during your first year of employment will be treated as unpaid leave. In the years of starting and leaving you will be entitled to holiday on a pro rata basis for each complete calendar month of employment in that year. If you leave the Company you will not normally be allowed to take holiday during your notice period. You will be paid for all the unused holiday entitlement you have accrued. If on leaving you have taken more holiday than you would be entitled to by this calculation then the balance will be deducted from any outstanding pay due to you. Conversely the Company may require you to take your unused holiday entitlement during your notice period.
1.12.3 Statutory and Public Holidays In addition to your annual leave you are also entitled to: st*
January 1 Good Friday Easter Monday May Day Spring Bank Holiday Monday Late Summer Monday Christmas Day* Boxing Day* Where these fall on a Saturday or Sunday an alternative day will be agreed if Saturday or Sunday are not part of your normal working week. *Reference: Website: Directgov – Employment – Employees – Working Hours and Time Off – Holidays Entitlements. http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029788
1.13 BIRTHDAYS If your birthday falls on a normal working day you are entitled to a day’s paid holiday on that day, this does not exhaust any annual leave days. No extra day is given when your birthday falls on a weekend, but if your birthday falls on a public holiday you may choose to take another day's holiday instead.
DUTIES AND RESPONSIBILITIES: SAFEGUARDS FOR YOU AND THE COMPANY These policies have been developed to provide safeguards for you and the company.
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1.14 PERSONAL DATA The Company maintains a confidential record concerning every employee. In order to comply with the requirements of the Data Protection act 1998 and in the interests of both you and the Company, the Company makes efforts to ensure that this record is as accurate as possible. In case of an accident or emergency, the Company needs to be able to get in touch with you or your next of kin. It is also essential that the Company can contact you during periods of absence. As part of its commitment to diversity and equal opportunity and to comply with legislation, the Company collates, processes and retains information so that it can monitor its success in this area. This includes such information as sex, ethnic origin and age. You will have agreed to this as part of your terms and conditions and employment when you joined the Company. The information the Company holds on you will be checked on a regular basis to make sure that it is up to date. You are responsible for making sure that your personal details are correct and up to date. Please make sure that you inform your line manager and HR of any changes to the following as soon as they happen: • • • • • • • • •
Your name Your home address Your telephone number Your next of kin Your emergency contact’s name, number and address Your bank details Your professional qualifications If you register or de-register as a disabled person. Any medical illness and/or allergies you may have and subsequent medications.
Your record will not contain any information of which you are not aware. However, if you wish to see your personal file you should apply in writing to do so stating your reasons to your line manager. An appointment to view your records will be agreed with you within 10 days of your request. You will not be allowed to view confidential references or any information which contains references to a third party. The Company will not release any personal information to any external enquirers, e.g. building society references, without your prior consent, unless an emergency situation arises involving the police or emergency services.
1.15 PERSONAL PROPERTY The Company does not accept any liability for the loss or damage to any of your property, which you bring onto its premises. This applies whatever the cause. You are asked not to bring anything of any value onto the premises and definitely not to leave anything overnight. If you bring any of your personal property onto the Company’s premises, which is essential for the performance of your job, and it becomes lost or damaged, then you should report it immediately to your line manager. Each incident will be considered individually on its merits and the Company will investigate any matters brought to your line manager’s attention. If you bring a motor vehicle or cycle onto the Company’s or one of its client’s premises you are required to park it in one of the authorised parking places or as directed.
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It is your responsibility to ensure that your car is parked in a safe place. The Company is not responsible for damage to your vehicle or loss of contents whether or not it is on its property or that of one of its clients.
1.16 COMPANY PROPERTY In order to safeguard its business the Company has a duty to protect its property. This includes not only tangible items such as computer equipment and business machines, but also specialist knowledge and information. This means that you have certain duties and obligations as an employee which are set out below.
1.16.1 General All staff have an element of responsibility that does not fall into anyone’s job description. This involves paying attention to detail and taking action to ensure the security of the building and Company or clients’ equipment. Examples are closing windows at the end of the day, checking doors are properly locked, informing the appropriate line manager of faulty equipment, etc. No Company property is to be taken away from the premises unless approved in writing by one of the Partners. It is imperative that you report to one of the Partners any damage you notice to property or premises straight away.
1.16.2 Use of Company computer equipment You are responsible for the security of your computer terminal and should not allow the terminal to be used by any unauthorised persons. You should therefore keep your personal password confidential and change it regularly. When leaving your terminal unattended or on leaving the office you should ensure you log off the system or lock your computer to prevent unauthorised users using your terminal in your absence. In order to control the use of the Company's computer equipment and reduce the risk of computer viruses, the following will apply: a)
The introduction of new software will first of all be checked and authorised by the I.T. Manager before general use will be permitted.
b)
You may only have access to the Company's computer equipment if you have been authorised.
c)
You may only use authorised software on any of the Company's computer equipment. You may only use software that is used for business applications.
d)
No software may be brought on to or taken from the Company's premises without prior authorisation.
e)
Unauthorised access of the computer facility will result in disciplinary action. Unauthorised copying and/or removal of company data constitutes gross misconduct (See 10.2.4 Misconduct and Gross Misconduct) and could lead to summary dismissal.
1.17 STANDARDS OF BUSINESS CONDUCT
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1.17.1 General You are required to declare in writing any controlling or significant interest that you or a close relative or associate may have in a competitor or supplier to M J Mapp. Any tips or gifts are the property of the Company and need to be declared. You do not have authority to retain any gifts for yourself unless specifically authorised by the Partners. You are not permitted to authorise any variation to the Company’s Terms of Business without the written permission of the Partners. You may not entertain any of the Company’s clients without the written permission of one of the Partners. You should avoid transacting any kind of private business with the Company’s clients, contractors or suppliers other than through normal commercial channels, and you should not seek or accept any favour or preference for yourself regarding price or other terms for any private work.
1.17.2 Disclosure of information It is essential that you regard any information divulged to you by the Company as confidential unless: • it is freely available to the general public • it is freely available to members of the Company’s trade or profession It would be inappropriate to directly or indirectly disclose to any unauthorised person any knowledge or information relating to the Company's business, or the business of any of the Company's clients without first obtaining permission in writing from one of the Partners. Hence you will not use for your own purposes, profit or for any purposes other than those of the Company, any information which you may acquire in relation to the Company's and/or its clients' or suppliers’ business. You are not permitted to take from the Company any documentation or electronic data of any description or take copies of such documentation or electronic data for your personal use or the use of a competitor or third party. The rules concerning disclosure of information apply both during and after your employment with the Company. Unauthorised access to Company information, whether computerised or manual, may lead to disciplinary action. In the case of computerised information "hacking" will be considered a dismissible offence. When you leave the Company, for whatever reason, you are required to return all lists, documentation or any other information related to the Company and, if requested, confirm that you have done so in writing. The Company reserves the right to request you do return such information during the period of notice, should the Company deem it possible that there could be a risk, whether it be intentional or otherwise, due to Company/commercially sensitive information being made available to other parties.
1.17.3 Associated Work You shall not be associated in any capacity during your employment with the Company and with a business that carries out work of a similar type without the Company's prior written approval. If you have or intend to take up any Directorships or Partnerships outside the Company you will need to inform the Company at once for approval to safeguard against any conflict of interest. If you choose to take up additional employment outside your normal working hours, the Company will accept this as long as the additional employment does not have an adverse affect on the performance of your normal duties.
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1.17.4 Restraint Clause/Restrictive Covenant If any restraint clauses or restrictive covenants apply to you then they will be included in your Contract of Employment.
TERMINATION OF EMPLOYMENT
1.18 NOTICE PERIODS If you leave the company’s employment you are required to give notice in writing on the following basis: • After one week’s service – one week • After three months’ service – six weeks If you intend to terminate your contract with the Company it is imperative you submit your notice in writing and either deliver it by hand or send it by registered post or recorded delivery to the address of the Company office where you work. Unless agreed otherwise failure to give the proper notice may result in deduction from any termination pay you may receive. Except in cases of summary dismissal, you will be entitled to receive notice in writing on the following basis: • After one week’s service – one week • After three months’ service – four weeks After four years’ service, you will receive an additional week’s notice for each completed year of service, up to a maximum of twelve weeks’ notice. These notice periods may be waived by mutual agreement. The Company reserves the right to require you to remain away from work during your period of notice once you have handed in your resignation or to make a payment in lieu of notice. If such a payment is made the Company will deduct from PAYE, National Insurance contributions, holidays taken in excess of entitlement, and any other sums due to the company which may be deducted at source. If the circumstances arise where you are required to remain away from work during your notice period (See [6.1.1] Garden Leave) you are required to comply with all the other terms of your contract of employment. While you are receiving full pay you may not work for any other person, corporate body or on your own behalf without the company’s prior written permission. These rules apply whether it was you or the company who gave notice to terminate the contract.
1.18.1 Garden Leave The ‘gardening leave’ scenario is one in which an employer: • Will, in accordance with the employees terms of contract give the required period of notice, • Notifies the employee that during the notice period they are not to turn up for work. The contract does not terminate until the notice period expires. The employee is not entitled to any compensation as there has been no breach of the contract of employment due to the correct notice of termination of employment being given. You will continue to be paid and receive contractual benefits and be subject to all the terms of your contract of employment during this time. *Reference: Website: HM Revenue & Customs – NIM02560 – Class 1 NICs: Earnings of Employees and office holders: Payments made on termination of Employment: Payments In Lieu Of Notice (PILONs): ‘Gardening Leave’
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http://www.hmrc.gov.uk/manuals/nimmanual/NIM02560.htm
1.19 RETIREMENT POLICY The normal age of retirement from employment with the Company is 65 years. th
It is our normal policy that retirement starts on the Friday following a person’s 65 birthday. To avoid any doubt, any payments of salary or other benefits being made to you shall cease automatically on that date.
The Company will inform you in writing of your retirement date between 12 and 6 months in advance.
You may request to continue working either under the same terms and conditions or with a change in hours, and the Company will give this serious consideration.
COMMUNICATIONS POLICY Effective communications are vital in order to promote excellent customer service, teamwork, and a friendly working environment. At all times everyone should consider the impact they have on others, both customers and colleagues. At M J Mapp we operate an “open door” policy and you are encouraged to ask any questions about the company and come forward with suggestions.
1.20 USE OF MAIL OR TELEPHONE You are not to use M J Mapp’s or a client’s mailing and telephone systems excessively for private purposes. You may not use the telephone for private calls during working hours. Misuse of the Company or a client’s mailing or telephone system may amount to gross misconduct (See 10.2.4 Misconduct and Gross Misconduct) and could result in summary dismissal. Excessive use of personal mobile phones is not permitted during working hours and could lead to disciplinary action. When driving on Company business it is permitted that you use only “hands free” appliances to receive calls when it is safe to do so, and on no account must you make calls when driving.
1.21 INTERNET If you are authorised to use M J Mapp’s internet access as part of your job the Company trusts you will keep its use to a minimum, restricting use to specific work issues only, and not allowing personal activities to infringe on productive working time. The Company may block use of the Company internet if use becomes unreasonable and excessive. Unauthorised or unwarranted use may lead to disciplinary action. In no circumstances is it permissible for you use M J Mapp’s clients’ IT systems for any purpose. Such unauthorised use may amount to gross misconduct (See [ ] Misconduct and Gross Misconduct) and could lead to summary dismissal. The use of the internet to access and/or distribute any kind of offensive material may amount to gross misconduct (See 10.2.4 Misconduct and Gross Misconduct) and could result in your summary dismissal.
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The Company reserves the right to monitor internet usage. The Company will not routinely monitor usage but the Partners retain the right to sporadically monitor internet usage without notice.
1.22 EMAIL The Company recognises the value of email communications to maintain good working relationships between different office locations and with clients. Personal messages may be sent but these should respect the primary purpose of the email system. This means that the email system is not be used for spreading gossip, for circulating offensive material, for personal gain and particularly not to be in breach of any of the Company’s or its clients’ standard employment practices. Personal use of the email system needs to be kept to a minimum and not during designated working hours apart from in exceptional circumstances. Unreasonable personal use of the Company’s email system could lead to disciplinary action. Therefore it is essential you remember that the system is the property of the Company and be aware that all information and usage is stored and can be accessed for monitoring purposes. Messages sent on the email need to be written in accordance with the standards of any other form of written communication and the content and language used in the message has to be consistent with best Company practice. Messages should be concise and directed to those individuals with a need to know. General messages to a wide group should only be used where necessary. Confidential information should not be sent externally by email without express authority and unless the messages can be lawfully encrypted. Messages sent out over the email system can give rise to legal action against the Company. Inappropriate use can infringe copyright, discrimination, libel, and data protection legislation. It is therefore vital that email messages are treated like any other form of correspondence and where necessary hard copies retained. You are reminded that messages may be disclosed in any legal action instigated against the Company relevant to the issues set out in the email. The Company reserves the right to retrieve the contents of email messages to continue its operations during staff absences and for the purpose of monitoring whether the use of email is legitimate. This process is also undergone to find lost messages or to retrieve messages lost due to computer failure, to assist in the investigations of wrongful acts, or to comply with any legal obligation. The Company does not routinely monitor messages however the Partners will on a frequent basis monitor them, without notice.
1.23 MEDIA Any statements to reporters can only be given by the Partner or their delegated spokesperson.
PERSONAL CONDUCT
1.24 BEHAVIOUR AT WORK Good team working is essential to the success of M J Mapp’s business. It is the responsibility of each member of our team to ensure that they promote good working relationships and behave in accordance with the highest professional standards. Your working day should be spent promoting our company and devoting your time and attention to our business. You are expected to be polite and considerate at all times to your colleagues and to our clients and suppliers.
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The following are expressly forbidden on Company or clients’ premises either during or outside working hours: • • • • •
Consumption of drugs or alcohol Buying or selling of goods Gambling Political activities Unauthorised use of Company or clients’ equipment, including telephones and computers
1.25 ALCOHOL AND DRUG MISUSE The consumption of alcohol or drugs on Company or clients’ premises is strictly forbidden except as part of activities managed by the Company and with the prior permission of the Partners. Employees are forbidden to work while under the influence of alcohol or drugs. Breach of these rules amounts to Gross Misconduct (See 10.2.4 Misconduct and Gross Misconduct) and could result in your summary dismissal. Where necessary the Company may carry out alcohol or drugs tests to ensure that employees are fit and able to carry out their work. Such tests may also be used where employees are suspected of being under the influence of alcohol or drugs.
1.26 HEALTH AND SAFETY 1.26.1 Responsibilities The Company has a duty under the Health and Safety at Work Act, 1974, to safeguard as far as it is reasonably practicable, the health, safety, and welfare of everyone at their place of work. The health and safety of yourself and your colleagues is a serious matter. You must comply with the Company’s and the clients’ Health and Safety Policy and Procedures. You should receive training on health and safety as part of your induction. However should you have any further questions please do not hesitate to ask your line manager or the HR Department immediately. The procedures may be changed from time to time by the management or because of the requirements of Health and Safety Legislation. You are responsible for behaving safely and sensibly while you are at work. If you do not you will face disciplinary action by the Company, and possible criminal proceedings under the Health and Safety at Work Act, 1974. It is imperative you use and operate materials and equipment in the manner prescribed. If you do not you could be guilty of gross negligence, and disciplinary action will be taken.
1.26.2 Fire If there is a fire it is essential you leave the building according to the fire instructions. These are explained to you as part of your induction when you join the Company or work on a client’s premises, and they are displayed at reception on the ground floor. It is your responsibility to know these instructions and where to find the nearest Fire Exit and Fire Appliances.
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1.26.3 Accidents at work If you have an accident you need to report it immediately to your line manager. All injuries are required to be treated as appropriate. All accidents, however minor they appear, need to be recorded in the Accident Book. It is important you make sure you know where the First Aid boxes are and who are the qualified First Aiders. This information is displayed on the lower ground floor. The Company cannot dispense or provide pills or medicines of any kind, and you are responsible for the safekeeping of any of your own personal medication while on Company premises.
1.27 NO SMOKING POLICY M J Mapp operates a strict No-Smoking Policy in its premises. It is fundamental that employees at all times comply with clients’ No-Smoking Policies. Failure to comply with the Company’s or its clients’ policies on no-smoking could lead to summary dismissal.
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SECTION 2 – NON-CONTRACTUAL TERMS FAMILY FRIENDLY WORKING
1.28 FLEXIBLE WORKING REQUEST If you are the parent of children under 6, or a disabled child under 18, and you have worked for the company continuously for 26 weeks, you are entitled to seek a change to your hours of work to suit your family circumstances. You will need to have responsibility for the child as a parent, which can include as a foster parent or a step-child. The latest date you can make a request is 14 days before the child’s 6th birthday, or 18th birthday if the child is disabled. You are required to submit an application in writing, signed and dated, to the relevant Partner stating: • That you are making a request to change your hours in order to care for your child • The working pattern you are applying for and the proposed date of the change • How this will affect the company and how this can be dealt with in your team • How you satisfy the requirements relating to the relationship with the child • Any previous applications with dates The Company will give your proposal serious consideration and the relevant Partner will arrange a meeting with you to discuss it within 28 days of receiving your application. The Company will then inform you in writing of the decision within 14 days of your meeting. The Company reserves the right to refuse your request on business grounds. You have a right to appeal within 14 days should your application be rejected. You may be accompanied to the initial meeting and to an appeal meeting by a colleague of your choice. Any agreed change to your hours of work will be a permanent change to your contract of employment. You have no automatic right to revert to your previous hours of work should your circumstances change. You may make only one application to change your hours of work in any 12 month period.
1.29 CARERS If you have caring responsibilities for someone close to you, you may be entitled to vary the terms of you contract of employment to help you. You may make a request to make changes to your contract if you care for someone who is: • Your spouse, civil partner or co-habitee • A close relative. This includes in laws and step relatives. • Living with you at the same address.
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It is a requirement that you have worked for the Company continuously for at least 26 weeks. To make such a request you will need to write to the Company stating the change you are asking for, the impact this will have and how this might be addressed. You will be asked to attend a meeting to discuss your request, and you have the right to be accompanied to this meeting by a work colleague or a Trade Union official trained to act as a companion. The Company will give your request serious consideration and will inform you in writing of its decision. Such a change may mean a permanent change to your contract of employment and you will not be able to make a further request for change for another 12 months. However the Company will examine each case individually and will try to be as flexible as possible to accommodate individual circumstances. This may mean that there is a trial period so that both you and the Company can find out if the new arrangements are working. The Company may also agree to a change for a shorter, defined period to meet a specific need. If your hours of work are reduced your pay will be reduced on a pro rata basis.
TRAINING AND DEVELOPMENT POLICY M J Mapp’s policy is to make sure that you have the training and development you need to do your job both now and in the future. The Company is committed to supporting all employees to continuously improve their performance. The majority of the training and development will take place within the workplace by experienced members of the team, but you may be asked to attend external events and courses where there is a relevant business need. You are expected to participate in all organised training. If you leave the Company for whatever reason within 12 months of attending training sponsored by the Company, or of gaining a vocational qualification, the Company reserves the right to deduct those costs incurred from your final pay. Additional details to be added
1.30 INDUCTION It is the responsibility of the HR Department to organise M J Mapp’s Company induction. The new employee’s line manager is responsible for conducting a departmental induction. Each new employee is given a ‘buddy,’ someone who is within their team who can help them through their first few weeks at M J Mapp, someone who they can direct their questions at. For all new staff the HR Department will put together a induction programme in consultation with the relevant Partner to include: f)
Introduction to all office staff
g)
A comprehensive run through of the Employee Handbook
h)
The team administrator will provide a introduction to M J Mapp’s computer filing system, outlook and telephone training.
i)
Office Health and Safety and Fire Safety induction and DSE Assessment
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j)
ECS training if applicable.
In addition to the ‘office based’ induction, there will be a further half day induction on “How M J Mapp manage property” for surveyors and a similar half day for all accounting staff on “M J Mapp’s financial procedures”. Nigel Mapp will give a presentation during the first few months of employment looking specifically at M J Mapp’s core values, vision and strategy.
1.31 PERFORMANCE REVIEWS At least once a year you and your line manager will review your performance against the objectives you agreed at the last review. The purpose of the review is to recognise the contribution you have made to achieving M J Mapp’s business objectives, to identify any areas for improvement in performance and efficiency, and to agree objectives for the next year. Your development needs will be an important part of your job. At the end of the review you should be clear about what you have to achieve over the next year. Where appropriate the Company will update your job description. Copies of your performance reviews will be kept on your personal file, and you will have your own copies.
1.32 RESPONSIBILITIES FOR TRAINING AND DEVELOPMENT The Company is responsible for: • Identifying the learning and development staff need to meet the business objectives. • Providing resources for learning and development. The resources available depend on a number of factors, such as budgetary constraints and the development priorities necessary to meet the Company’s objectives. • Making sure that line managers and staff involved in the training and development of others within the Company have the support and skills to carry out these duties effectively. This support includes assistance with providing on-the-job training, help in assessing your performance, advice on training methods, and provision of equipment and facilities. • Making sure that your training and development adds value to the business. • You are responsible for: • Identifying what learning and development you need to help you do your job better. • Making sure that you receive the learning and development you need to do your job. • Putting into practice any new skills learnt which will improve performance • Your own continuous professional development. • Your line manager is responsible for: • Making sure that you have the knowledge, skills and attitude to do your job • Communicating to you the Company’s expectations concerning standards of performance • Agreeing your performance objectives and reviewing your performance at least every 12 months • Supporting you to identify your learning and development needs to meet your objectives • Agreeing with you your personal development plan. • Supporting you to carry out your plan.
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• Making sure that you and the Company gain as much as possible from your training. • Encouraging you to put into practice any new skills learnt which will improve performance and efficiency. The HR Department is responsible for: • Organising the Company induction programme • Providing support and advice to help employees identify their learning and development needs • Working with line managers to find appropriate and cost effective learning and development resources to meet the needs of individual employees and the business • Reviewing the Company’s policies, procedures and resources for learning and development and making recommendations for improvement to meet the needs of the business
1.33 STUDY FOR PROFESSIONAL QUALIFICATIONS 1.33.1 Financial Support It is at the Company’s discretion whether you receive financial support to study for an externally recognised professional qualification. Circumstances which the Partners will take into account are the relevance of the qualification to the business, your performance in your job, your commitment to the Company, and the resources available to the Company at the time.
You will be asked to sign a contract whereby you agree to repay a proportion of the course fee paid by the Company should you decide to leave the Company within a certain period of time. Copies of this contact are available from the HR Department. *See Agreement Form for Training Expenses*
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1.33.2 Study Leave If you are attending a course of study leading to a professional qualification you may be entitled to study leave. This could include time off work to attend week day courses or revision sessions and to attend examinations. It is essential that all study leave is agreed on in advance with your line manager. It is at your line manager’s discretion whether all or some of your study leave is taken as part of your annual leave entitlement.
LEAVE ENTITLEMENTS
1.34 FAMILY CARERS LEAVE On rare occasions you may wish to leave work during your normal working hours, for example to deal with a family crisis, for example if a member of your family for whom you have responsibility is suddenly taken ill or has an accident. To do this please inform your line manager. You may be allowed unpaid time off to make alternative arrangements for their care. If personal circumstances prevent you from attending work it is imperative you notify the Company at once to discuss the reasons for your absence. The Company will exercise discretion in authorising a specific period of absence, with or without pay, or to agreeing to you taking annual holiday at short notice to cover the absence, depending on the specific circumstances.
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1.35 MATERNITY LEAVE You are entitled to take up to 52 weeks’ maternity leave. All employed women are entitled to this amount of maternity leave, regardless of length of service. This is made up of 26 weeks’ ordinary maternity leave and 26 weeks’ additional maternity leave.
1.35.1 Letting us know If you become pregnant you need to inform the company as soon as possible for your own and your baby’s health and safety. The company will conduct a risk assessment to determine whether it is safe for you to continue to carry out your job as normal. In order to take advantage of your right to maternity leave and pay you are required inform the company of th your pregnancy in writing no later than the 15 week before the week your baby is due. In your letter you should state: • that you are pregnant • the week in which you expect to give birth, supported by a MAT B1 certificate supplied by your midwife • when you want your maternity leave to start. th
The earliest you may start your maternity leave is the 11 week before your baby is due. If you change your mind about your return date at a later date you need to give the company 8 weeks’ notice. You cannot postpone your return beyond the 52 week period.
1.35.2 Keeping in Touch During your maternity leave it is important that you do not lose touch with what is happening at work and that you have access to opportunities. The Company will keep you informed of any changes taking place and will inform you of any relevant promotion opportunities or job vacancies so that you have the opportunity to apply. You are able to carry out up to 10 days’ work under your contract of employment while you are on maternity leave without losing your entitlement to maternity pay. You will only be asked to do this if both you and the Company agree. There will be an agreement in advance on the nature and amount of work you can do and how much you will be paid for it. The work could include training and development to keep your skills up to date.
1.35.3 Ordinary Maternity Leave th
Ordinary maternity leave can start at any time from the 11 week before the expected week of the birth until the birth itself. th
If you are absent from work after the 4 week prior to the expected week of the birth due to a reason related to your pregnancy then your maternity leave automatically begins on the day after the first day of your absence.
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During your period of ordinary maternity leave all your normal terms and conditions of employment apply except for those concerning pay and you have a right to return to the same job on the same conditions you had before your maternity leave began.
1.35.4 Compulsory Maternity Leave You are required by law to take two weeks’ maternity leave beginning on the date of the birth. Therefore you will not be allowed to return to work during the fortnight immediately after you have given birth.
1.35.5 Additional Maternity Leave When you have taken your entitlement of 26 weeks’ ordinary maternity leave, you are entitled to take up to 26 weeks’ additional maternity leave. This additional leave will follow on immediately from the ordinary maternity leave and there is to be no gap in between.
1.35.6 Holidays and Maternity Leave You are able to accrue contractual annual leave during ordinary maternity leave. During additional maternity leave you shall only accrue statutory leave. You may not take annual leave at the same time as maternity leave, but you can take your accrued holiday either before or after your period of maternity leave. The Company will work with you to plan when is best for you to take your leave in order to help you have a smooth transition back to work.
1.35.7 Maternity Pay You will be entitled to a maximum of 39 weeks’ statutory maternity pay (SMP) if you meet the following conditions: • You have been employed by the company into the qualifying week which is the 15th week before the week your baby is due. • Employed by the same employer without a break for at least 26 weeks into the 15th week before the week your baby is due. Part weeks count as full weeks. • Your average weekly earnings in the eight weeks up to and including the qualifying week (or the equivalent if you are monthly paid) have been at least equal to the lower earnings limit for National Insurance contributions. It is not necessary that you have actually paid any contributions to qualify. • You have given the company notice before the start of the qualifying week. If you continue to work right up until your baby is born you still keep your entitlement to the full 39 weeks of SMP. The first six weeks of SMP are paid at 90 % of your average weekly earnings. The remaining 33 weeks are paid at the SMP standard rate or 90 % of your average weekly earnings, whichever is the least. If you take your full entitlement to 52 weeks' leave, the remaining 13 weeks' leave shall be unpaid. If you do not qualify for SMP you may be entitled to Maternity Allowance (MA). The rates for SMP and MA are reviewed annually every April by the Department of Works and Pensions.
* Reference: Website: Department of Trade and Industry – Employment Matters – Employment Policy and Legislation – Work and Family Act 2006 – Legislation. http://www.dti.gov.uk/employment/employment-legislation/workandfamiliesact/legislation/page20610.html
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1.36 PATERNITY LEAVE & PAY If your wife or partner is expecting a new child in your family, either a new baby or a newly adopted child, you may be entitled to paternity leave, subject to certain conditions. This entitlement and conditions also apply to same sex couples. In order to qualify for paternity leave you need to have: • Responsibility for the child’s upbringing and be the child’s biological father or the mother’s husband or partner, or be carrying out a parenting role for a newly adopted child. th • Worked for the Company for 26 weeks leading into the 15 week before the baby is due. If you meet these criteria then you are entitled to take paternity leave. You are required to provide the Company with a written and signed statement that you meet these criteria and that the purpose of your absence is to care for the child or to support the mother. You may take one period of leave in a single block of either one or two weeks within 56 days of the birth or adoption date. You need give the Company notice of your intention to take paternity leave at least 15 weeks before the date the baby is due. You need to tell us: • The week the baby is due • Whether you wish to take one or two weeks’ leave • When you want your leave to start. The Company needs at least 28 days’ notice of when you want your paternity leave payment to start.
1.36.1 Paternity Pay To qualify for paternity pay you need to be earning more than the lower earnings limit for payment of National Insurance contributions. Your line manager will give you information about this. You are not entitled to full pay during your paternity leave, but you will receive some payment at the current statutory rate or 90 % of your average weekly earnings, whichever is the least. The rate is reviewed annually every April by the Department of Works and Pensions.
* Reference: Website: Department of Trade and Industry – Employment Matters – Employment Policy and Legislation – Work and Family Act 2006 – Legislation. http://www.dti.gov.uk/employment/employment-legislation/workandfamiliesact/legislation/page20610.html
1.37 ADOPTION LEAVE & PAY If you adopt a child the rules and amount of adoption leave are similar to those for maternity leave except the dates are adjusted to the dates of matching or placement rather than the expected week of the birth. You will need to produce the matching certificate from the adoption agency as evidence. If you are the primary carer of the child you may take up to 39 weeks ordinary adoption leave plus a further 13 weeks additional adoption leave. To qualify for adoption leave you need to have worked for the company for 26 weeks continuously by the week in which you receive notice of being matched with the child.
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Either parent can take adoption leave, and the entitlement applies to same sex couples. The other partner may be entitled to paternity leave (see 6.7). You are only entitled to adoption leave for a newly matched child. Adopting a step-partner’s child does not count. Your adoption leave may start either on the day of placement or on the day after if you were working on the placement day. You may start your leave up to 14 days before the expected placement day if you request this in writing in advance. To vary the date it is necessary you give the Company 28 days’ notice.
1.37.1 Adoption pay You may be entitled to Adoption Pay for the first 39 weeks of any adoption leave. To qualify for Adoption Pay you are required to have earned more than the lower earnings limit in the eight weeks leading up to your notification of the placement. *Reference: Website: Department of Trade and Industry – Employment Matters – Employment Policy & Legislation – Employment Guidance – Statutory Adoption Pay and Leave: a guide-children due to be place on or after 1 April 2007. http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page34281.html
1.38 PARENTAL LEAVE If you have responsibility as a parent you can take up to 13 weeks’ unpaid leave to care for that child as long as your circumstances meet these conditions: • You have worked for the company for at least one year & • Your child needs to be under 5 years of age. Or • You have worked for the company for at least one year & • If your child is adopted then you can take the leave up to five years after the date of his or her placement with you, or until he or she reaches 18 years of age, whichever is the sooner. Or • You have worked for the company for at least one year & th • If your child is disabled you may take the leave up to his or her 18 birthday. Parental leave needs to be taken in blocks of one week save that a parent of a disabled child may take leave in blocks of one day not less than five days and you may not take more than four weeks' leave a year in respect of each child. Parental leave does not affect your continuity of employment nor your rights regarding seniority and other similar rights.
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While you are taking parental leave you are still employed by the Company and it does not affect your continuity of employment. Your rights, other than pay, and obligations under your contract of employment still apply. Parental leave is in addition to any entitlements you may have to maternity leave and applies to both men and women. If you wish to take parental leave it is essential you agree on the timing and other details of the leave with the Company, providing at least 21 days’ notice in writing. The company reserves the right to postpone the period of leave for up to six months if the absence would cause undue disruption.
1.39 EXTENDED LEAVE If you wish to make a request for abnormal holiday entitlement you should submit your request in writing and the Company may consider your application. Periods of unpaid extended leave may be considered and permission will be at the sole discretion of the Partners. You will not normally be allowed to take more than one period of extended leave in any three-year period. Extended leave is not allowed during the Company’s busiest periods. However in exceptional circumstances this may be varied at the discretion of the Partners.
1.40 COMPASSIONATE LEAVE If you suffer a bereavement in your immediate family and need to take time off work you should talk to your line manager at once so that the Company can support you in your time of grief. You are entitled to one day’s paid leave to attend the funeral. Further entitlement to compassionate leave is at the Company’s discretion and is dependent on individual circumstances. http://www.dti.gov.uk/files/file24233.pdf
1.41 TIME OFF FOR PUBLIC DUTIES 1.41.1 Jury Service If you are called to undertake jury service, you should inform your line manager at once. You will receive full pay minus the court’s allowance for your first two weeks of jury service. Payment for further service will be paid minus the court’s allowance at the discretion of the Partners.
1.41.2 Other Public Duties If you undertake certain public duties, such as being a member of a local authority or a statutory tribunal, you will be allowed reasonable time off work to carry out your responsibilities. This time off is without pay. And any absences will need to be discussed with your line manager in order to keep disruption to the business to a minimum. *Reference: Website: Department of Trade and Industry – Employment Guidelines – Time Off for Public Dates http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page16377.html
EQUAL OPPORTUNITIES
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1.42 POLICY STATEMENT The Company is an equal opportunity employer. We are committed to ensuring that within the framework of the law the Company’s workplaces are free from unlawful discrimination on grounds of race, colour, ethnic or national origin, gender (including gender reassignment), marital or civil partner status, sexual orientation, age, religion or belief, disability, pregnancy or trade union membership or part-time or fixed-term working. The Company aims to ensure that our staff achieve their full potential and all employment decisions are taken without reference to irrelevant or discriminatory criteria. To Whom does the Policy Apply? • This policy statement applies to the actions of M J Mapp LLP employees, to ex-employees, to job applicants and to individuals such as agency staff and consultants (and volunteers) who are not our employees, but who work at our premises. • The policy statement applies to the treatment of other workers and equally to visitors, clients, customers and suppliers to our workers. The Scope of the Policy • This policy applies to all of the following: the advertising of jobs and recruitment and selection process; to training and development; opportunities for promotion; to conditions of service; benefits and facilities and pay; to health and safety and to conduct at work; to grievance and disciplinary procedures and to the termination of employment including redundancy. What is discrimination? • Direct discrimination occurs when someone is put at a disadvantage on discriminatory grounds in relation to his/her employment. Direct discrimination may occur even when unintentional. • Indirect discrimination occurs when someone’s employment is subject to an unjustified provision, criterion or practice which puts individuals of the same gender, race, ethnic or national origin, religion or belief, sexual orientation or age, at a particular disadvantage, although on its face, the provision or criterion or practice is neutral. • Disability discrimination occurs when an individual is unjustifiably disadvantaged in relation to his/her employment for a reason relating to his/her disability. • Victimisation occurs where an individual is put at a disadvantage on grounds that he/she has made a claim under the discrimination legislation, given evidence or information in connection with a claim, done anything under or by reference to the discrimination legislation or made an allegation which would amount to unlawful discrimination.
1.43 IMPLEMENTING EQUALITY OF OPPORTUNITY Recruitment and Selection Recruitment and employment decisions will be made on the basis of fair and objective criteria. The Company’s selection procedures are reviewed frequently to ensure that they are appropriate for achieving our objectives and for avoiding unlawful discrimination. Person and job specifications will be limited to those requirements which are necessary for the effective performance of the job. Interviews will be conducted on an objective basis and personal or home commitments will not form the basis of employment decisions except where necessary. Monitoring the Policy
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In accordance with recommended practice the ethnic and gender composition of our staff and applicants for jobs will be monitored and anonymous at all levels where possible. Termination of Employment We will monitor redundancy criteria and procedures to ensure that they are fair and objective and do not directly or indirectly discriminate against employees. We will also ensure that disciplinary procedures are carried out fairly and uniformly for all workers. Disability Discrimination The requirements of job applicants and existing members of staff who have or have had a disability will be reviewed to ensure that whatever reasonable adjustments are made to enable them to enter into or to remain in employment with the Company providing satisfactory performance. Promotion opportunities, benefits and facilities of employment will not be unreasonably limited and every reasonable effort will be made to ensure that disabled staff participate fully in the workplace. Breaches of the Policy All staff have a right of equality of opportunity and a duty to implement this policy. Breach of the equal opportunity policy is potentially a serious disciplinary matter. Anyone who believes that he or she may have been disadvantaged on discriminatory grounds is entitled to raise the matter through the Company’s grievance procedure (See 10.1 Grievance Procedure).
1.44 HARASSMENT, BULLYING AND VICTIMISATION M J Mapp does not condone or tolerate any form of harassment, bullying or victimisation on the grounds of race, ethnic origin, sex, disability, religion, sexual orientation, age or social circumstances. The company makes all efforts to provide a safe and pleasant working environment free of harassment and intimidation. This policy continues to apply at social gatherings outside the workplace if the social event is connected with work, e.g. a farewell party, an after work drink in a pub, or a formal company social event at a club or hotel. It is fundamental that everyone complies with this policy and employees should ensure that their behaviour at all times does not cause offence or constitute harassment. Formal complaints will be investigated and in cases where the complaint is substantiated, appropriate disciplinary action, including dismissal, will be taken against the person or persons responsible. Harassers and their line managers/supervisors may all be held personally liable in the event of any legal proceedings. This policy includes all permanent, temporary and agency staff. All staff are made aware of this policy and have a responsibility to comply with its provisions. Anyone who experiences harassment during the course of their work or while attending company social gatherings is entitled to use the Equal Opportunities Grievance Procedure to make a complaint. M J Mapp regards harassment as a most serious matter and will investigate all complaints of this nature. Any act of harassment is unacceptable and may constitute gross misconduct (See 10.2.4 Misconduct and Gross Misconduct) under our disciplinary policy. Anyone guilty of harassment will have disciplinary action taken against him or her, which could lead to summary dismissal.
1.44.1 Definition of Harassment Harassment can take many forms and may involve inappropriate actions, behaviour, comments, or physical contact that is objectionable or causes offence and/or embarrassment, fear, stress or tension. It can include jokes, emails, name calling and persistent use of foul language. It is important to be aware that everyone reacts differently and what may be inoffensive to one person may be offensive to someone else. It can be an isolated act such as a comment or wilful gesture, or it can take the form of repeated behaviour against a person.
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Behaviour which amounts to sexual harassment includes unwanted conduct of a sexual nature, other conduct based on sex, unwelcome physical, verbal or non-verbal conduct and suggestions that sexual favours may enhance an employee’s future career. Behaviour that amounts to harassment on the grounds of race, ethnic origin or religion includes making derogatory remarks or undertaking actions of a racial or religious nature directed at a person or group of a different ethnic origin or religion, or because of their links with a different ethnic origin or religion. Harassment may also be directed toward people because of their age, their sexuality, a physical or mental disability or some other characteristic. It can cause the recipient to feel threatened, humiliated, bullied or patronised, and may create an intimidating work environment.
1.44.2 Examples of Harassment Outlined below are some examples of personal harassment. The list is neither exclusive nor exhaustive and other forms of behaviour may be regarded as harassment, discrimination, victimisation or bullying. Sexual Harassment Sexual harassment is defined as unwanted verbal or physical advances, sexually explicit statements which have the effect of creating an intimidating environment. Examples might be: • • • • • • • • • • •
lewd comments about physical appearance persistent verbal or physical advances of a sexual nature the transmission of offensive materials or statements via electronic means or through the post offensive comments about personal characteristics or lifestyle photographs or drawings which are sexually explicit in nature which may be deemed offensive offensive graffiti obscene language unwanted physical contact offensive jokes or pranks of a sexual nature harassment of persons on grounds of their actual or perceived sexual orientation harassment of a person on the grounds of their association with a person(s) of a particular sexual orientation
Racial or Religious Harassment Racial harassment is defined as conduct which is intended to cause, or has the effect of causing, physical or emotional harm or mental distress to a person for reasons of racial, ethnic or national origins or for reasons of colour. Examples might be: • • • • • •
insensitive jokes or pranks of a racial, ethnic or religious nature racially abusive language offensive photographs, drawings, racist propaganda or racist graffiti offensive comments about physical racial characteristics or lifestyle the transmission of racially offensive materials or statements via electronic means or through the post harassment of a person on the grounds of their association with a person(s) who belongs to a racial or minority ethnic group
Harassment on the grounds of Age or Disability Such harassment is defined as conduct which is intended to cause, or has the effect of causing, physical or emotional harm or mental distress to a person for reasons of their age or disability. Examples might be: • insensitive jokes or pranks related to the person’s age or disability
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• • • •
graffiti relating to age or disability abusive language concerning age or disability exclusion from the team on the grounds of age or disability offensive comments about a person’s age or disability
Bullying and Intimidation • physical conduct ranging from the invasion of personal space to serious assault • verbal, written and e-mail harassment through derogatory remarks, jokes, insults, offensive language, gossip and slander • open aggression, threats and/or shouting • deliberately setting objectives with unreasonable deadlines or changing objectives unfairly • intrusion by pestering, spying, following, stalking etc • unfair allocation of work and responsibilities • behaviour which makes direct or indirect reference to disability or impairment and this causes discomfort, patronises, insults or offends people with a physical, sensory or mental disability • treating someone adversely because they have or it is suspected/believed that they have HIV/AIDS • repeated gibes in reference to personal traits or appearances, invasion of privacy, or practical jokes causing physical or psychological distress • persistent pressure to become involved in anti-social or unlawful behaviour • repeated statements to an individual or third parties which demean his or her professional status and performance
1.44.3 Procedure for Dealing With Harassment If you are being harassed, bullied or victimised you should not wait until things become intolerable. Sometimes the person may not realise that his or her behaviour is unwanted or unacceptable and in such cases the misunderstandings can be resolved quickly.
It is helpful to make a note of the time, place and nature of any specific incidents and any attempts you have made to discuss these particular incidences. This will provide useful information in following these procedures. Informal Procedure If possible, if you are being harassed, bullied or victimised you should state clearly to the person concerned that his or her behaviour is unacceptable and should stop at once. In some circumstances you might prefer to write a letter to the person concerned. You should date and sign the letter, and keep a copy as this may be needed as evidence should the harassment, victimisation or bullying continue or happen again. If you do not feel able to talk or write to the person concerned or if the behaviour does not stop, you may wish to discuss the matter with a colleague or with your line manager and ask them to approach the alleged harasser on your behalf. Formal Procedure At any time, whether or not informal steps have been taken, if you feel that you or others have been harassed, bullied or victimised in a way that breaches this policy you can raise the matter with your line manager, either verbally or in writing, who will deal with it accordingly. If you have a complaint of harassment, bullying or victimisation which is of a serious personal nature or against someone who is part of the normal grievance procedure, you may raise the matter directly with the HR Department (See 12.4 below)
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It is imperative that you be able to demonstrate that you have reasonable grounds for wishing to bypass the stages of the Grievance Procedure in this way. At all stages of the procedure you may request to be accompanied by a colleague of your choice. The Company undertakes to deal with the matter as quickly as possible. The matter will be dealt with as follows: The Company will appoint an investigating officer, who will be a member of the management team, to conduct an investigation into the case as soon as possible to establish whether there is a need to take disciplinary action. The investigating officer will inform the person against whom the complaint is made of the nature of the complaint and that the matter is being investigated formally. Both parties will be informed of the decision as soon as possible after the investigation is finished. If the investigating officer decides that the case is not serious enough to take disciplinary action, he/she will decide how to resolve the issue following a discussion with both yourself and the other party. If the investigating officer upholds your complaint, he/she has an obligation to immediately start the appropriate disciplinary procedure. He/she will advise you of the outcome as soon as possible following any disciplinary action. Throughout the procedures, you are entitled to be accompanied by a colleague or a trained trade union official.
1.44.4 Confidentiality All complaints will be treated in strict confidence.
1.44.5 Malicious Allegations Making allegations of harassment, bullying or victimisation is a very serious matter. Anyone who is found to have made malicious allegations will have disciplinary action taken against them which could result in summary dismissal.
1.45 EQUAL OPPORTUNITIES GRIEVANCE PROCEDURE If you have a Grievance concerning your employment it is important that you raise it using the Company’s formal Grievance Procedure (See [13.2] Disciplinary Procedure). However if your complaint concerns equality or harassment which is of a serious personal nature or against someone who is part of the grievance procedure, for example your line manager, you may raise the matter directly with the HR Department. M J Mapp endeavours to deal with the matter as promptly and as effectively as possible and will ensure that each stage of the procedure is dealt with appropriately.
PEFORMANCE DISCIPLINARY AND GRIEVANCE PROCEDURES
1.46 PEFORMANCE POLICY 33
All employees will be expected to meet the agreed standards of workplace performance, contractual obligations and competence in their job. The Company recognises that there may be occasions when you are unable to do your job in a satisfactory manner. This could possibly be due to a number of factors which may be out of your immediate control, or that you are not performing to the standard required of your work.
1.46.1 Scope This procedure applies to all employees of M J Mapp. It is accepted by the Company that each case will be different and treated as such. The four most common causes of unacceptable behaviour are: • Problems of a personal nature • Illness or injury, which affects the employee’s ability to perform their job • Changes in job requirements which require new skills or aptitudes which the employee does not possess • Acts or omissions by the employee, which do not fall into the above categories If you experience such problems, the Company will try to help you and carry out appropriate remedial actions. Each individual case will be viewed on its own merits. Areas that should be explored are: • • • • •
Greater supervisory assistance Review of work targets Periodic performance reviews Changes to work arrangements Relocation to other areas within the Company
1.46.2 Procedure Where it becomes apparent that you are unable to perform your duties to the required standard, then the following procedure will be used:
Stage 1: Initial Informal Investigation The employee’s attention will be drawn informally to the identified shortcomings in their performance. You will be given the opportunity to explain the deficiencies and your immediate line manager will decide whether any additional measures need to be undertaken to resolve the issue. The Company will also consider a change in working practices, location, terms of reference or other measures as considered necessary. If you are unable to perform your job safely and diligently or where your poor performance jeopardises operational efficiency or presents a risk under Health and Safety at Work Regulations you will be removed immediately from that area, and, if applicable, transferred to another position, until such time as the matter can be resolved. You may be informed that failure to improve your performance within a specified reasonable time limit could ultimately lead to dismissal. Stage 2: Consideration for Redeployment
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If, there has been no improvement in performance at the end of the specified period, the Company may consider redeployment to another location or area of operation within M J Mapp if this is possible. This decision will be taken with due regard to your ability, skills and attributes. Stage 3: First Written Warning The Company may give a formal warning to the employee concerned. This letter will state the standards required, what is expected of the employee and the areas in which they are falling short. In addition, the letter will identify the ways in which the employee can improve their performance within a specified time scale. Stages 1, 2 and 3 may be combined as required. Stage 4: Final Written Warning If there is still insufficient improvement then the Company may issue a final written warning to the employee. It will reiterate that the Company is still not satisfied with the employee’s progress to the necessary standard and what is required from the employee in order to attain a satisfactory level of performance. It is essential that is warning states that failure to improve may lead to dismissal. Stage 5: Dismissal Where alternative employment is not possible, or where the employee has refused a reasonable offer and no reasonable alternatives are available the employee may be dismissed. At each stage of the performance procedure the Company will follow the procedure set out in stages 1 to 3 of 13.3.2. The Company may also bypass any stage of the procedure as set out above if the Company deems it necessary given the sufficient seriousness of the poor performance displayed.
1.47 GRIEVANCE PROCEDURE 1.47.1 Purpose Disciplinary rules and codes of conduct have been set in place to maintain orderly employment relations. This includes equality and unity in the course of how all individuals are treated. In certain circumstances disciplinary procedures can be a legal requirement.
1.47.2 Procedure The Company hopes that you do not experience any problems, but if you do have a grievance relating to your employment you should follow these steps: • First raise the matter informally with your immediate line manager who will try and solve the problem. It is essential that you make sure you provide your line manager with all the details of the situation. • If you are not satisfied with the outcome within 5 working days, you should raise the matter formally in writing with your line manager. You will be invited to a meeting where by you can state your case, and you will need to make all reasonable attempts to attend this meeting. You will have the right to be accompanied at this meeting by a colleague or trade union representative. • After this meeting your line manager will write to you with his or her decision and confirm your right to appeal. • If you decide to appeal you are required to inform the person identified in the letter to you in writing stating the grounds of your appeal. He or she will invite you to an appeal hearing. It is essential you make all reasonable efforts to attend the hearing. It is here that you will have the opportunity to state your case, appeals will be heard by a Partner who has not been involved in your case.
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• You will be informed of the decision within 7 working days following the hearing. This decision is final. • You have the right to be accompanied at the formal hearings where the complaint concerns the Company’s duty to you as an employee under statutory or common law (See 10.3 Right to Accompaniment) IMPORTANT NOTE All attempts will be made to resolve grievances informally with your immediate line manager. However if your grievance is not resolved at this stage and you decide to take the matter through the formal procedure it is vital that you follow the steps as laid down and state your grievance in writing. If you find it difficult to express your grievance in writing you should seek the help of a colleague.
All stages of this procedure will be kept confidential.
1.47.3 Procedure for ex-employees If your employment has ended with the Company, and you wish to raise a grievance you should follow this Procedure: You need to set out your grievance in writing, stating what the basis for the grievance is, and either give that copy, or make a photocopy of it, for Julie Beeching in Human Resources. After the Company has had an opportunity to consider your grievance, and the information provided within it, you will receive a written response. The decision at this stage is final.
1.48 DISCIPLINARY PROCEDURE 1.48.1 Introduction In any organisation it is necessary to have a minimum number of rules in the interests of both the employer and the employee. Rules set standards of performance and behaviour whilst the procedures are designed to help promote fairness and order in the treatment of individuals. It is the aim of the rules and procedures to emphasise and encourage improvement in the conduct of individuals where they are failing to meet the required standards. Every effort will be made to ensure that any action taken under this procedure will be fair and you will be given the opportunity to state your case and appeal against any decision you consider to be unjust. The following rules and procedures should ensure that: • you are fully aware of the standards of performance, action and behaviour required • disciplinary action, where necessary, is taken vigilantly and in a fair, harmonized and consistent manner • you will only be subject to disciplinary action after careful investigation of the facts having had the opportunity to present your side of the case • other than for an informal verbal warning, you will have the right to be accompanied by a fellow employee at all stages of the disciplinary process • normally, you will not be dismissed for breach of discipline for a first offence unless in the case of gross misconduct (See 10.2.4 Misconduct and Gross Misconduct)
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• if you happen to become the subject of disciplinary action you will receive an explanation and the right to appeal.
1.48.2 Procedure In the first instance your immediate line manager is responsible for deciding whether disciplinary action is appropriate. Before any disciplinary action is taken on the grounds of misconduct (See 10.2.4 Misconduct and Gross Misconduct) there will be an investigation to determine the facts of the case. If your line manager considers that it is not necessary to resort to the formal warning procedure he or she will discuss the matter with you and agree targets for improvement. This will be a private discussion and your line manager will inform you that no formal disciplinary action is being taken. You will be provided with help and advice if possible. If the Company decides that disciplinary action is appropriate this procedure will be followed: Stage 1 Your line manager will explain to you in writing the precise nature of your alleged misconduct (See 10.2.4 Misconduct and Gross Misconduct), poor performance, or other circumstance leading to the potential disciplinary action, and the evidence of this. Your line manager will invite you to attend a meeting to discuss the matter within 7 working days of receiving the letter. It is imperative you make all reasonable efforts to attend the meeting. Stage 2 At the meeting you will have the opportunity to state your case and the right to be accompanied by a colleague of your choice (See [ ] Right to Accompaniment). After the meeting your line manager will inform you of the decision and of your right to appeal. At this stage the Company will implement any appropriate disciplinary or dismissal action which has been decided. Stage 3 If you decide to appeal you have an obligation to inform your line manager in writing within 7 working days, stating the reason for your appeal. You will then be invited to attend an appeal hearing within 7 working days of the lodge of your appeal. You will be required to make all reasonable efforts to attend this hearing when you will have the opportunity to state your case to one of the Partners or an independent appointed representative. Following the appeal hearing, the Company will inform you of the final decision.
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1.48.3 Types of disciplinary action The Company will decide on the type of disciplinary action most appropriate depending on the circumstances. Verbal Warning In the case of minor misconduct (See 13.3.4 Misconduct and Gross Misconduct) you will be given a formal verbal warning. You will be advised that the warning constitutes the first stage of the disciplinary procedure. Your immediate line manager will interview you and give you an opportunity to explain your case. You have the right to be accompanied by a colleague of your choice (See [ ] Right to Accompaniment). The Company will keep a record of this on your personal file and give a copy to you. The warning will specify the time and date of the warning, the details of the reason, the expected improvements, the timescale within which the improvement should occur, the consequences of not achieving the required standards and the names of the people present at the meeting. A verbal warning will be considered “spent” after 6 months if no other breaches of Company rules, standards of performance or conduct occur in that time. Written Warning In the case of further minor breach/s of Company rules, standards of performance or conduct of any kind where you have received a verbal warning you will be given a written warning. This applies whether the breach concerned is a repetition of the previous offence or a different one. Your immediate line manager will conduct the disciplinary interview in the presence of another representative of the Company who will take minutes. Here you will be given an opportunity to explain your case. Again you have the right to be accompanied by a colleague of your choice or a trained trade union official (See 10.3 Right to Accompaniment). You will be provided with help and advice where possible. The Company will keep a record of this on your personal file as well as providing you with a copy. The warning will specify details of the reason, the expected improvements, the timescale within which the improvement should occur, the consequences of not achieving the required standards and the names of the people present at the meeting. A written warning will be considered “spent” after 12 months if no other breaches of Company rules, standards of performance or conduct occur in that time. Final Written Warning The procedure for a Final Written warning is the same as for any written warning except that it will specify that this is a final warning and confirm that a further breach of discipline could lead to dismissal. In the case of serious misconduct (See 10.2.4 Misconduct and Gross Misconduct), but when the Company decides to take action short of dismissal, the Company may issue a final written warning without having previously taken any other type of disciplinary action. Dismissal
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One of the Partners will chair the disciplinary hearing in the presence of another representative of the Company who will take minutes. Here you will be given an opportunity to explain your case. You have the right to be accompanied by a colleague of your choice or trained trade union official (See 10.3 Right to Accompaniment). The Partner will only decide upon dismissal after he or she has satisfied him or herself that he/she has heard all the facts of the case, and has considered any mitigating circumstances, and may consider the following alternatives short of dismissal: • suspension without pay up to a maximum of 5 working days • demotion to a more suitable job if available. Dismissal may be with or without notice depending on the severity of the offence. In the case of gross misconduct (See 13.3.4 Misconduct and Gross Misconduct) employees will be summarily dismissed without notice and without the necessity of issuing warnings.
1.48.4 Misconduct and Gross Misconduct Examples of Misconduct which will result in disciplinary action are (but not limited to): • • • • • • • • • • • • • • • • •
Persistent absenteeism or lateness Poor effort or sub-standard work Failure to improve within any specified timescale following a verbal warning Absence without authorisation Failure to return to work on the day following any holiday Failure to follow absence reporting procedures Non-serious failure to comply with health and safety requirements Misuse of Company equipment Failure to comply with a reasonable management instruction Sleeping on the premises Gambling on the premises Foul or abusive language Abusive, objectionable or insulting behaviour Wilful or excessive wastage of Company time or materials Damage to plant, equipment or material caused by carelessness Misuse of the Company’s email, internet or mailing facilities The discussion of your salary, bonuses or other benefits with other members of staff, suppliers, clients, tenants or anybody else connected with the firm. • Misrepresentation of fact – lying Examples of Gross Misconduct which will result in summary dismissal (i.e. dismissal without notice) are: • • • • • • • • •
Theft of others’ possessions whether belonging to the Company, employees, visitors or clients Arson Fraud, bribery, or falsification of records Making statements known to be untrue on the initial job application form submitted to the Company Unauthorised use of Company or clients’ mail, telephone or IT systems Making claims for sickness payment when absence is not due to sickness Failure to use proper safety clothing or equipment Fighting or physical assault Gross immorality or indecent behaviour
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• • • • • • • • • • • • •
• • • • • • • •
Malicious false allegations of discrimination, victimisation or bullying Malicious damage to Company or clients’ property Incapacity through drink or illegal drugs Possessing and/or taking and/or supplying illegal drugs and/or alcohol on Company or clients’ premises Smoking on the premises Serious non-compliance with health and safety instructions or procedures Breach of the Standards of Business Conduct Contravention of the Company’s Equal Opportunities Policy Failure to carry out reasonable management instructions Unauthorised release of Company or commercially sensitive information Unauthorised removal of Company documents or electronic data Undertaking private work on Company or clients’ premises without prior authorisation Serious misuse of the Company’s email, internet or mailing facilities, for example for transmission or downloading of any material which could be considered to be defamatory, offensive or obscene, untrue or malicious, of a political nature, in breach of copyright. (Please note the Company reserves the right to examine any correspondence (electronic or otherwise) received or sent out from your work address and/or with any equipment provided to you by the Employer). For the avoidance of doubt the use of the Internet to view pornographic sites or to enter chat rooms will lead to a charge of gross misconduct. Negligence or neglect of duty resulting in any loss which might expose the Company or its client to a serious claim The unauthorised release of technical, commercial, financial or other information which could lead to a competitor gaining commercial advantage Solicitation and/or acceptance of money, gifts, services, or other inducements for personal gain or the gain of family and friends Conviction on a criminal charge reflecting on your integrity or which would bring the Company or its client into disrepute. Tampering, changing or otherwise interfering with the Employer’s software and hardware or other computer equipment. Serious or wilful neglect of your duties. Serious acts of insubordination. Serious negligence which causes unacceptable loss.
Neither of these lists is exhaustive or restrictive. Other issues not previously identified may also be considered as warranting disciplinary action.
1.48.5 Appeal Employees have the right to appeal against any disciplinary or dismissal decision made by the Company. Any appeal should be put in writing within 7 days of the receipt of a written warning or notice of dismissal and submitted to Julie Beeching. You have a requirement to state in writing the reason for your appeal. The appeal will be heard within 7 working days of the written warning or notice of dismissal. Appeals will be heard by a Partner who has not been involved in your case.
1.49 RIGHT TO ACCOMPANIMENT During any performance management, disciplinary and/or grievance hearings, you have a right to be accompanied. These include the following: • Disciplinary hearings which could result in disciplinary action such as a formal warning, suspension without pay, demotion or dismissal
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• Meetings which could result in redundancy • Meetings which could result in the confirmation of a warning or some other disciplinary action, such as an appeal hearing. Informal discussions or advice and counselling sessions are not classed as hearings and therefore the right to accompaniment does not apply. If it becomes clear during the course of an informal meeting that disciplinary action is called for, the line manager will close the meeting and arrange a formal hearing where the right to accompaniment will apply.
1.49.1 Terms of reference for a companion You can choose as your companion a fellow employee or a suitably qualified trade union official. It is your requirement to inform the Company who your companion will be before the hearing. When choosing your companion you should ensure that you do not choose someone whose presence would prejudice the hearing or who might have a conflict of interest. No one is obliged to act as a companion if they do not want to do so and no pressure must be brought to bear on anyone to act in this capacity against their wishes. No one will be treated unfavourably by the Company because they acted as a companion to a colleague. Your companion may confer with you and address the hearing but cannot answer questions on your behalf. You and your companion will be given reasonable time during working hours to fulfil this responsibility and attend the hearing. All parties should prepare carefully for the hearing. A mutually convenient date for the hearing will be agreed with all parties at a suitable place for everyone where confidence can be maintained, all cases stated and, all proposals addressed in the correct manner.
HOUSEKEEPING (to be finalised) • • • •
Security – Fobs, etc Tidiness Clean Desk Policy Local Information – Restaurants etc.
Appendix A: Table of References *Reference: Website: Department of Trade and Industry – Employment Matters Employment Policy & Legislation – Working Time Regulations. .................................................4 *Reference: Website: Department of Trade and Industry – Employment Matters – Employment Policy & Legislation – Employment Guidance – Rest Breaks at Works..................5 *Reference: Website: HM Revenue & Customs – Library - Rates & Allowances – Travel .....................................................................................................................................................8 *Reference: Website: Directgov – Employment – Employees - Pay – Sick Pay Rights. ...............9 *Reference: Website: HM Revenue & Customs – Statutory Sick Pay – Frequently Asked Questions....................................................................................................................................9 *Reference: Website: Directgov – Employment – Employees – Working Hours and Time Off – Holidays Entitlements. ....................................................................................................11 * Reference: Website: Department of Trade and Industry – Employment Matters – Employment Policy and Legislation – Work and Family Act 2006 – Legistlation.Error! Bookmark not defined.
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* Reference: Website: Department of Trade and Industry – Employment Matters – Employment Policy and Legislation – Work and Family Act 2006 – Legistlation.Error! Bookmark not defined. *Reference: Website: Department of Trade and Industry – Employment Matters – Employment Policy & Legislation – Employment Guidance – Statutory Adoption Pay and Leave: a guide-children due to be place on or after 1 April 2007.Error! Bookmark not defined. * Reference: Website: Department of Trade and Industry – Equality & Diversity – The Employment Equality (Religion or Belief) Regulations 2003...... Error! Bookmark not defined. *Reference: Website: Department of Trade and Industry – Employment Guidelines – Time Off for Public Dates ................................................................ Error! Bookmark not defined. *Reference: Website: HM Revenue & Customs – NIM02560 – Class 1 NICs: Earnings of Employees and office holders: Payments made on termination of Employment: Payments In Lieu Of Notice (PILONs): ‘Gardening Leave’ ............................................................15
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