THE UNION ADVERTISING AGENCY UNION CONNECT UNION DIRECT UNION LEEDS UNION TECH 18 INVERLEITH TERRACE EDINBURGH EH3 5NS
EMPLOYEE HANDBOOK
INTRODUCTION The success of the Company and that of its employees depends very largely on the employees themselves and so we look to you to play your part, as we shall continue to play ours. We welcome you and express our sincere hope that you will be happy at The Union. We ask that you study carefully the contents of this Employee Handbook as, in addition to setting out our rules and regulations, it also contains a great deal of helpful information. You have been provided with your Employment Agreement. These provide details of your employment and should be read in conjunction with Section A of this Employee Handbook which, together with any amendments from time to time forms your terms and conditions of employment.
Ian McAteer Andrew Lindsay Mark Reid Founding Directors
CONTENTS SECTION A: COMPANY RULES All of the provisions of Section A of this handbook form part of your contract of employment. 1. GENERAL COMPANY RULES 2. DRIVING ON COMPANY BUSINESS 3. ABSENCE FROM WORK 4. HOLIDAYS 5. RULES OF CONDUCT SECTION B: COMPANY POLICIES The policies in Section B of this handbook do not form part of your contract of employment, but serve as guidelines on how you can expect the company to deal with certain issues. 6. DISCIPLINARY POLICY 7. GRIEVANCE POLICY 8. EMPLOYEE BENEFITS 9. AUTHORISED ABSENCE POLICY 10. EQUAL OPPORTUNITIES POLICY 11. TRAINING POLICY 12. RETIREMENT PROCEDURE 13. INTERNET, EMAIL AND TELEPHONE USAGE POLICY 14. ANTI BRIBERY POLICY 15. WHISTLEBLOWING 16. HEALTH AND SAFETY 17. BUSINESS TRAVEL & EXPENSES POLICY 18. PROVISION OF REFERENCES 19. OTHER POLICIES
SECTION C – INFORMATION ON YOUR STATUTORY RIGHTS This section is not part of your contract of employment but serves to give you some basic information about your statutory rights as an employee of the company. 20. MATERNITY RIGHTS 21. PATERNITY RIGHTS 22. ADDITIONAL PATERNITY LEAVE AND PAY 23. PARENTAL LEAVE 24. RIGHTS OF ADOPTIVE PARENTS 25. TIME OFF FOR CARE OF DEPENDANTS 26. FLEXIBLE WORKING APPENDICES Appendix 1
IPA Ethnic Diversity Campaign Objectives
3
SECTION A: COMPANY RULES
1. GENERAL COMPANY RULES The purpose of these rules is to ensure that you know the standards expected of you as an employee of the company. You may be subject to disciplinary action, up to and including dismissal, if you fail to observe any of these rules. OTHER EMPLOYMENT In light of the company’s responsibility to ensure that it complies with the Working Time Regulations in respect of weekly working hours, you are required to advise your line manager immediately if you have another job, or intend to take an additional job. Employment may be terminated if the company considers that your other job(s) has an unacceptable effect on your ability to carry out your duties under this agreement. You are not permitted without the prior written consent of a Director to take any other employment or freelance work during the term of your employment. SMOKING It is an offence to smoke in company or client premises. Anyone found breaching this rule will be liable to summary dismissal. It is permissible to take smoke breaks during scheduled break times. Smoking is not permitted in company vehicles. HEALTH AND SAFETY You should take all reasonable steps to safeguard your own health and safety and that of any other person who may be affected by your actions at work. You must co-operate with the company to ensure a healthy and safe working environment. PERSONAL APPEARANCE You are required to promote a good company image by keeping a neat, clean and tidy appearance. If you are unclear about the suitability of any item of clothing or footwear, you should consult your line manager. You are responsible for ensuring you are aware of the dress standards expected by the company and maintaining them whilst at work. You have a responsibility to yourself, your colleagues and your customers/clients to maintain a high standard of personal hygiene at all times. EQUIPMENT You may not borrow equipment belonging to the company unless prior permission has been obtained from your line manager. RIGHT OF SEARCH The company reserves the right to require you to submit to your personal property including your vehicle being searched whilst on company premises. These searches will be random and unannounced and they need not be undertaken only where there is a concern that property belonging to the company/customer or employee has been removed. ORDERING GOODS Unless you are specifically authorised to do so, you may not place or confirm orders for goods. In particular, you may not sign orders on behalf of the company. If you are offered a gift by a supplier or representative, report the matter before accepting it. PERSONAL DETAILS It’s important to ensure you are contactable, please make sure these details remain accurate by telling the company of changes to your: name, home address, bank 4
account, telephone number, up to date contact name in case of emergency, or any other important information.
2. DRIVING ON COMPANY BUSINESS POOL CAR A pool car is made available by the company for the use of Union Advertising Agency Ltd. employees who need to travel on company business. Employees need to pre-book the car via office management who will also assist you in making other arrangements if the pool car is already booked. The cost of petrol for the pool car will be reimbursed on production of a receipt. If you use the pool car you should ensure that you return it with at least a quarter tank of fuel. You are not permitted to use the pool car for private use. USE OF PRIVATE CARS At times you may be required to use your private car on company business. To do so, you must have the car insured for business use. Mileage rates payable for private car use will be in accordance with current AA rates and HMRC regulations. This rate will be reviewed annually. CONDITIONS OF USE a. Drivers must be a minimum of 25 years of age b. Drivers are responsible for maintaining the cleanliness of both the interior and exterior
of the company pool vehicle
c. Drivers are encouraged to take precautions to ensure the security of the vehicle,
including avoiding parking in areas that pose an obvious risk to the vehicle or its contents, such as back street parking where the vehicle cannot be generally observed
d. Whenever a driver leaves the vehicle, valuable items should be stored safely out of
sight and the vehicle must be locked
RESPONSIBILITY FOR COSTS, FINES, PENALTIES ETC a. You are responsible for the payment of all fines, penalties and charges (including any administration fee that may be payable) incurred in connection with your use of a company vehicle b. Should you fail to pay any such sum as required under sub-clause a above, the
company may elect to, but is not obliged to, make such payment on your behalf and deduct from your salary the sum paid. You agree to repay any sums still owing to the company under this sub-clause upon termination of employment, which cannot be satisfied by making a deduction from your final salary
USE OF MOBILE TELEPHONES WHILST DRIVING The use of a hand-held phone or similar hand-held device while driving is prohibited. A hand-held device is something that "is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function". A device is "similar" to a mobile phone if it performs an interactive communication function by transmitting and receiving data. Examples of interactive communication functions are sending and receiving spoken or written messages, sending or receiving still or moving images and providing access to the internet. 5
The company will not fund the installation of hands-free equipment and does not require employees to be available to speak on hand-held or hands-free mobile telephones whilst driving. All employees driving a company vehicle (on private or company purpose) or driving privately owned vehicles or rental cars on company duty: a. Must not use mobile phones whilst the car is in motion b. Must not answer incoming calls or make outgoing call c. Must not activate the mailbox for the mobile telephone whilst driving d. Must not make calls to the mailbox whilst the car is in motion e. Must return all calls when the vehicle is stationary, engine off and in a safe parking
location
f. Must not send or read text messages whilst the vehicle is moving or when the vehicle
is stationary but the engine remains on, e.g. if the employee is in a traffic queue
The company will not refund employees for any fine incurred and employees should note that breach of this rule may result in disciplinary action being taken up to and including dismissal DRIVING LICENCE a. It is a condition of your use of a company vehicle that you hold a full and valid UK driving licence. Should you cease to hold a full and valid UK driving licence for any reason, your use of a company vehicle may be withdrawn without notice or compensation. Should the loss of your licence impinge on your ability to carry out your normal duties, you may be liable to dismissal b. You are required to notify the company immediately of any change in your physical
fitness to drive the company vehicle or if you are taking any medication that could impair your ability to drive the company vehicle. The reason for this is in order for the company to determine if you have a condition that would require notification to the DVLA or to our insurance provider.
c. You must notify the company immediately, supplying all such details as the company
may require, in the event of:
i. You being charged with any offence related to a motor vehicle ii. You being convicted in respect of any offence involving a motor vehicle
SMOKING IN COMPANY VEHICLES Smoking is prohibited in all company vehicles as this is against the law. EATING AND DRINKING A driver can be prosecuted or awarded points for eating or drinking whilst driving if this can be shown to have led to the driver not being full in control of the vehicle. Drivers must therefore not eat or drink whilst driving. SATELLITE NAVIGATION The company does not require you to use GPS equipment whilst driving on company business. If you choose to do so you must: a. Comply with the relevant section in the Highway Code 6
b. Take time to familiarise yourself with the journey using a map or internet route before
setting off
c. Read GPS instructions provided and familiarise yourself with the controls/functions
before driving
d. Check position of equipment to ensure driver’s field of vision is not obscured and a
clear view of the road is maintained
e. Pre-programme your route into the GPS before commencing journey f. GPS visual displays must be regarded in the same way as a normal map. Drivers
should pull into a safe area (e.g. service station) to check on location and route progress
g. GPS audio directions – adjust volume to ensure driver attention is not distracted
DRIVER TRAINING Drivers identified as high risk may be required to undertake training or attend corrective training seminars or courses. HEALTH Drivers must ensure they have no health conditions that will impair their ability to drive. Regarding eyesight it is an offence to drive a vehicle if you cannot read a standard number plate in good daylight at a distance of 20.5m (67ft). Drivers should notify the company if they are taking any prescribed medication. The Driver and Vehicle Licensing Agency (DVLA) website provides guidance in respect of medical conditions and entitlement to drive. ALCOHOL, RECREATIONAL DRUGS AND MEDICATION Drivers must not drink if they intend to drive company vehicles. The company’s policy also prohibits the use of any illegal or recreational drugs in the workplace and therefore whilst driving. Care should also be taken over the intake of medicines (whether prescribed or across-the-counter), as some cause drowsiness. A vehicle should not be driven under their influence. VEHICLE CHECKS Drivers should ensure that they are fully conversant with the vehicle’s controls and service and maintenance requirements. The manufacturers’ handbooks should be kept in the vehicle at all times. MISCONDUCT a. The company regards as gross misconduct, for which you may be summarily dismissed: i. The use of a company vehicle at any time whilst under the influence of alcohol
or any other substance which might impair your ability to drive safely
ii. Driving, otherwise using or permitting to be used the company vehicle in a
grossly negligent manner
b. Where the company reasonably believes you were at fault in an accident or incident involving your company vehicle, you may be liable to disciplinary action. Should the number of accidents in which you are at fault reach a level unacceptable to the company, you will be advised in writing that should you be involved in a further fault accident in the next 12 months, your use of company vehicles will be withdrawn without notice or compensation. In these circumstances, you may be liable to dismissal if you are then unable to properly carry out your duties
7
c. Should the company reasonably believe that the company vehicle you have been driving has been abused in any way by you, the vehicle may be withdrawn without notice or compensation and you may be liable to disciplinary action, up to and including dismissal INSURANCE CLAIMS a. You shall comply fully with the terms of any insurance policy which may apply to your use (or any of your approved drivers’ use) of the company vehicle you have access to. If you are not already in receipt of a copy of the relevant insurance policy, you should request a copy from your line manager b. You shall notify the company immediately of any theft, accident or other event
resulting in damage to or loss from the company vehicle you are driving. In relation to the same, you must provide the company with all such information, explanations, reports and assistance as the company may require. You must not admit liability, in part or full, to any third party under any circumstances
c. You shall report the theft to the police and retain statement for lodgement with the
company’s insurers
3. ABSENCE FROM WORK NOTIFICATION OF ABSENCE It is a condition of your employment that if you are absent from work for any reason whatsoever that you comply with the following regulations: a. You must notify your line manager of your absence personally by telephone by 9.00 a.m. on the first day of absence. It is not acceptable for other people to call on your behalf, unless there is a good reason for this, for example, that you are unable to call due to a medical reason. You are also not permitted to report absence for work by sending a text message, e-mail or the like b. You must keep your line manager fully informed throughout your absence, indicating the likely date of return to work, and, where absent due to ill-health, the nature and progress of the illness and when you will be fit to return to work. You must comply with any instructions regarding the frequency with which you are required to contact the company to provide an update on the progress of your absence c. Failure to follow the absence notification procedures above may result in disciplinary action being taken in the absence of reasonable justification, up to and including dismissal MEDICAL EVIDENCE a. A statement of fitness for work is required on the 8th consecutive day of absence due to sickness or injury and this must be sent to your line manager without delay. Thereafter, you must continue to send statements of fitness for work at weekly intervals unless your doctor agrees to certify your absence for a longer period. You should continue to send statements of fitness for work to your line manager as long as your absence continues b. In any case of ill health or injury, or where the company at its sole discretion considers you to have an unsatisfactory absence record, your consent may be sought to give permission to obtain a report from your doctor and/or have a medical examination by a doctor appointed by the company
8
c. Failure to follow the absence notification procedures above may result in disciplinary action being taken in the absence of reasonable justification, up to and including dismissal RETURN TO WORK a. When you return to work from any absence due to sickness or injury you should immediately report to your line manager who will hold a return to work interview. You will complete a self-certification form to cover any period of absence not covered by the company's requirements for a statement of fitness for work b. If you fail or refuse to complete a self-certification form, or the company has
reasonable grounds to believe that the information provided on the form is incorrect, you will be liable to disciplinary action and non-payment of company sick pay and Statutory Sick Pay
c. If you become frequently absent or a pattern has emerged in your absence, your line
manager will hold a meeting with you on your return to work. This may lead to informal counselling and further absences may result in disciplinary action being taken, following the appropriate progressive stages of the company’s disciplinary procedures
RETURN TO WORK WITH RESTRICTIONS a. When you return to work from any absence due to sickness or injury and your statement of fitness for work or “fit note” states that you “may be fit for work taking account of the following advice”. This could mean discussing the following with your line manager: i. ii. iii. iv.
A phased return to work Altered hours Amended duties; and/or Workplace adaptations
b. These adaptations should be discussed and agreed prior to your return to work c. If it is not possible for the company to accommodate the return to work with restrictions the company will use the statement as if your GP had advised “not fit for work”. You are not required to return to your GP for a new statement to confirm this d. Any phased return to work will be noted as a temporary variation to contract and salary and benefits adjusted accordingly for the period of phased return STATUTORY SICK PAY If you are absent due to sickness or injury, and have followed reporting and notification procedures above you may be due to receive Statutory Sick Pay (SSP) in accordance with current legislation (and meeting certain eligibility conditions). Your qualifying days are the days on which you would normally work. Certain employees are excluded from the SSP scheme, e.g. employees who earn below the lower earnings limit for national insurance purposes. SSP is subject to Tax and NI deductions. COMPANY SICK PAY On completion of six months’ service should you be absent from work due to sickness or injury, and have followed reporting and notification procedures above, you will be eligible to receive Company Sick Pay for a maximum period of four weeks in any rolling one year period. Company sick pay is defined as the normal weekly wage less Statutory Sick Pay. 9
LONG TERM ABSENCE When an absence reaches 4 weeks’ continuous absence, this is considered to be “long term absence”. Where the employee is submitting medical certificates notes noting stress/anxiety their absence will normally be immediately noted as long term absence. If you are off work as a result of long term absence and we are concerned about your ability to return to your job, or the impact of your absence on the business, the company will: a. Discuss your absence with you and what can be done to facilitate a return to work b. With your consent, seek a medical report about your illness/condition from your
medical practitioner as a means of obtaining expert advice on what measures we can undertake to assist you in your return to work
c. If possible, provide support, sources of advice, or consider alternative work/hours if
appropriate
d. If appropriate, ask you to attend a medical examination with a doctor appointed by
the company
e. Follow the disciplinary procedure if, on the basis of medical evidence, it is felt that a
return to work cannot be facilitated within a reasonable period of time, taking into account your own and the company’s requirements
4. HOLIDAYS Unless stated differently in your contract, your holiday entitlement is 20 days per annum or equivalent pro-rata. After two years of service, you will be entitled to one extra day of annual leave. This will be applied in the calendar year following the second anniversary of joining. Thereafter, you will be entitled to an additional day of annual leave in each subsequent year, up to a maximum of five days' holiday each year, after six years of employment. TIME OFF IN LIEU You may be required by the company at any time to work hours in addition to core hours without payment, where this is necessary to meet operational requirements and emergencies. Time in lieu may be granted on occasion with the specific prior consent of your Line Manager. Time off in lieu will only be granted as a minimum of a half day. Accumulating periods of less than half a day is not permitted. Bank Holidays may be worked only where workload demands, and with the prior approval of your line manager. CARRYING OVER Up to three days of holiday may be carried over to the following holiday year. These should be used by 31st January of the following year.
5. RULES OF CONDUCT PURPOSE The following rules set out the standards of conduct the company requires of its employees. Any breaches of these rules may render you liable to disciplinary action, up to and including dismissal. 10
TIME KEEPING You are expected to arrive at work in good time to begin working at the start time specified in your Employment Agreement or as notified by your line manager. If, for any reason, you are going to be late for work, you must inform your line manager personally by telephone. However, telephoning the company will not necessarily excuse your late attendance. If you become frequently late for work, your line manager will hold a meeting with you. This may lead to informal counselling and further late attendance may result in disciplinary action being taken, following the appropriate progressive stages of the company’s disciplinary procedures. DUTIES During working hours you must devote your whole time and attention to the services of the company. You must follow all reasonable instructions given to you by your line manager/s and/or other members of management. OTHER EMPLOYEES You must treat all other employees of the company with respect and consideration at all times. Any form of bullying or harassment, whether prohibited under the company’s equal opportunities policy or not, and whether carried out on company premises or not, will normally be treated as gross misconduct . CLIENT RELATIONS The company's success is built upon its relationship with its clients. You should, therefore, be courteous and pleasant to customers at all times. Rudeness or off-hand treatment of clients will not be tolerated, however badly the client may have behaved. If the relationship between yourself and a client/customer is deteriorating you should immediately seek the help of your line manager. CONSUMPTION OF ALCOHOL OR DRUGS The company is committed to maintaining healthy, safe and productive working conditions for all employees. The company recognises the impact that both drugs and alcohol may have upon your ability to work safely and correctly and, as such, aims to ensure a working environment free from the inappropriate use of substances and where you are able to carry out your duties in a safe and efficient manner. The company’s disciplinary rules on these matters are noted below. a. If you have a drug and/or alcohol problem the Company seeks to encourage you to
seek help
b. Nothing in this policy should be taken as conveying on you the contractual right that
a particular course of action will be followed. Paramount in any decision will be consideration of the health and safety of you, your colleagues, customers and the public
c. Drugs in this policy include the following: i. Substances covered by the Misuse of Drugs Act 1971 (referred to as
“controlled drugs”)
ii. Prescribed and over-the-counter drugs; and iii. Solvents and any other substances which may impact on your normal
behaviour, judgement or ability to carry out your job safely or effectively
d. The consumption of alcohol immediately before work or when working, or reporting
for duty under (or appearing to be under) the influence of alcohol, or being in possession of alcohol on company premises when working or not is regarded as a 11
disciplinary offence potentially amounting to gross misconduct (this does not apply to authorised events that take place on the company’s premises, or authorised events with clients) e. The use of drugs immediately before work or when working, or reporting for duty
under (or appearing to be under) the influence of drugs, or being in possession of drugs when working or not on company premises is regarded by the company as a disciplinary offence potentially amounting to gross misconduct
f. When drugs are prescribed by your GP which may affect your ability to perform work
you should immediately discuss the issue with your line manager
g. Dispensing, distributing, possessing, using, selling or offering to buy controlled drugs
at work or on company premises while not at work is prohibited. Any such activity (including reasonable suspicion of it) on company premises will be reported immediately to the police
h. If the company suspects that there has been a breach of the above provisions or
your work performance or conduct has been impaired through drug and/or alcohol abuse, the company will immediately invoke its disciplinary procedure. This may result in your summary dismissal
i. If you are found to be covering for a colleague in breach of this policy you may also
be subject to disciplinary action
GROSS MISCONDUCT Employment may be terminated summarily, without notice, at any time for gross misconduct. Generally, this includes any fundamental breach of contract, conduct which brings the company into disrepute or action that is inconsistent with the relationship of fidelity required between employer and employee. In particular this includes: a. Theft or misappropriation of monies or goods from the company, its employees or
customers
b. Unauthorised use or removal of company property, suppliers property/equipment
and/or employees property, without prior permission, and/or without prior payment
c. Fraud, dishonesty, or deception of any kind in the submission of information or
completion or amendment of company records and/or legal documents
d. Possession of or being under the influence of, or consuming, alcohol or non-
prescribed drugs during working hours, or bringing alcohol or non-prescribed drugs onto company/client premises whether at work or not
e. Inappropriate, disorderly, indecent or offensive behaviour including fighting or
threatening or using physical violence on the company’s premises and/or sites and client sites
f. Behaviour on or off the company/client sites which may threaten the health and
safety of fellow employees, visitors, clients or customers
g. Acts of bullying, harassment, intimidating behaviour of existing or prospective
employees/clients/customers/suppliers which constitutes a breach of current legislation on or off company and client premises
h. Any act of unlawful discrimination, bullying or harassment
12
i. Discriminating or inciting others to discriminate on the grounds of age, disability,
gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation on or off company and client premises
j. Serious negligence or deliberate misuse of the company’s equipment or property, or
that of employees, visitors or clients
k. Refusal to carry out reasonable instructions from an immediate superior or a more
senior member of management
l. Failure to follow/comply with health & safety [and security] rules/procedures m. Behaviour resulting in damage to customer/company relationships n. Serious or persistent failure to follow company procedures and regulations o. Misuse of any of the company’s policies including the raising of false and/or
malicious allegations
p. Providing false information for incapacity at work q. Breach of company or client confidentiality r. Unauthorised disclosure or use of confidential information s. Smoking in prohibited areas t. Deliberate damage to company property or that of employees, visitors or clients u. Receipt of bribes to effect the placing of business with a supplier of goods and/or
services
v. Loss of driving licence on conviction when driving is all or an essential part of the job
requirements
w. Breach of cash handling procedures leading to the loss of company money x. Sleeping whilst on duty y. Excessive use for personal purposes of company property for personal use, i.e. I.T.
facilities, telephone, mobile telephones, etc
z. Misuse of the company’s I.T. facilities, including the sending, receiving or viewing of
indecent or otherwise offensive material
aa. Incitement or conspiracy to commit any act of Gross Misconduct or allowing other
employees to commit any act of Gross Misconduct
THIS LIST IS NOT INTENDED TO BE EXHAUSTIVE, AND WHERE APPROPRIATE, OTHER MATTERS MAY BE REGARDED AS GROSS MISCONDUCT. SUSPENSION WITH PAY Suspension is not a disciplinary sanction but is intended to protect either or both the employee’s and the company’s interests. Allegations and suspicions need to be fully investigated and therefore suspension should never be seen as an assumption that an allegation or concern has been substantiated a. An employee may be suspended with pay whilst the circumstances of any complaint against them are investigated 13
SUSPENSION WITHOUT PAY In rare circumstances suspension may be without pay. This is unlikely to be a frequently used sanction but may be appropriate in certain circumstances. Such circumstances may include employees being held in police custody suspected of a serious criminal offence where the company is unable to follow procedures for carrying out investigations. Where suspension without pay is applied and this turns out to have been an improper decision, pay will be reinstated from the date of the decision being made.
14
SECTION B: COMPANY POLICIES 6. DISCIPLINARY POLICY The purpose of the disciplinary policy is to encourage and maintain standards of conduct and job performance and ensure consistent and fair treatment for all. It also informs employees of the potential consequences if those standards are not met. This policy and procedure allows the company to seek an informal resolution, where appropriate, but allows for more formal proceedings should circumstances justify formal disciplinary action. The Informal Procedure a. Issues of a minor nature will be discussed in a counselling/investigation meeting between you and your line manager without recourse to the formal disciplinary procedure. You do not have the right to be accompanied, as this is an informal discussion b. It is preferable for this discussion to be confirmed to you in writing; however, as a
minimum a file note will be retained as a record of the discussion
c. There is no right of appeal against a letter issued through a counselling/investigation
meeting
d. Where the required improvement is not achieved the process will be escalated and
the formal procedure set out below will be applied
The Formal Procedure a. Following a counselling/investigation meeting, on the next occasion that you fail to reach the standards required you may be invited by letter to a disciplinary hearing. You will be offered the right to be accompanied b. A full investigation of the facts of each case will normally be instituted before
disciplinary action is taken
c. If you are required to attend a disciplinary hearing you will be given a full opportunity
to state your case. At any stage of the formal procedure you are entitled to be accompanied by a fellow employee of your choice who is not connected to the same disciplinary case, or a trade union official who is certified to act as a worker’s companion at such hearings. You are not entitled to be accompanied by any other person
d. For any isolated act of misconduct or initial failure to meet performance standards,
poor timekeeping, work error etc. a Verbal Warning may be given. This warning will remain active for a period of 6 months. This verbal warning will be confirmed to you in writing and you will also be advised of your right of appeal
e. A more serious case of misconduct, failure to show and maintain improvement or a
repetition of an act of minor misconduct may result in a First Written Warning being given. This warning will remain active for a period of 9 months, will be confirmed to you in writing and you will also be advised of your right to appeal
f. Failure to comply with a Written Warning may result in a Final Written Warning being
given. This is a final warning and any further requirement to take disciplinary action during its currency will normally result in dismissal with the appropriate length of notice. Occasionally, a single act of misconduct may be deemed sufficiently serious for a Final Written Warning to be issued without prior warnings. This warning will remain active for a period of 12 months, will be confirmed to you in writing and you will also be advised of your right to appeal 15
g. Each warning will be confirmed to you in writing and will state: i) ii) iii) iv) v) vi)
The misconduct or inadequate performance complained of The action necessary to remedy the situation Any review period which may be determined The duration of time the warning will remain live on your record The consequence of any failure to comply with the warning, and Any right of appeal that may be applicable
h. During your first year of employment, for employees whose date of start falls on or
before 5 April 2012, the company may elect to bypass any of the stages outlined in this procedure prior to dismissal
i. During your first two years of employment (for employees who joined the company
on or after 6 April 2012) the company may elect to bypass any of the stages outlined in this procedure prior to dismissal
GRIEVANCE SUBMITTED DURING THE DISCIPLINARY PROCESS If you submit a grievance during the disciplinary process, relating to that case, the chair will determine whether it is appropriate to suspend the disciplinary process whilst the grievance is investigated or whether the two should run concurrently. FAILURE TO ATTEND A DISCIPLINARY AND/OR APPEAL HEARING In the event that you are unable to attend a disciplinary hearing and the reason for the unavailability is due to the companion you have chosen to attend at the time of the proposed meeting, then you may nominate a reasonable alternative time (normally within 2 weeks of date of original hearing). This must be confirmed within 5 working days following the original date of the hearing. In the event that you fail to attend a disciplinary or appeal hearing without notification, the company may re-arrange the meeting or ask for your confirmation that you will attend a future arranged meeting. If you fail to attend for a second time, then the disciplinary/appeal hearing may be heard in your absence based on the available evidence. FAILURE TO ATTEND A DISCIPLINARY AND/OR APPEAL HEARING THROUGH SICKNESS Employees subject to disciplinary hearings may sometimes be unable to attend by reason of ill-health. In such circumstances you will be required to submit a medical certificate from your GP. With your consent, the company will discuss the matter with your GP to assess the likely duration of the inability to attend hearings. In the light of such information, the Chair may determine whether to proceed with the hearing or defer for a period of time. If you refuse to consent to an approach to your GP then the chair will have no option but to base any decisions on the information available. It is not the intention to penalise employees whose illness genuinely precludes them from attending disciplinary or appeal hearings. Delays to the hearing are not to the advantage of either the employee or the company. Each individual case will be evaluated on its own merits but the prime objective will be to eliminate or minimise any delay in holding hearings. CRIMINAL CONVICTIONS OUTSIDE OF WORK Criminal charges or convictions will not be treated as automatic reasons for dismissal but will be considered to assess whether the offence makes you suitable for continued employment with the company. The company will consider whether there is an adverse connection between the offence and your employment. In these circumstances, any disciplinary action will be subject to investigation and process as detailed in this procedure. 16
APPEAL You may appeal against any disciplinary decision within 5 working days of the decision being communicated to you. Any such appeal must be notified to the Managing Director preferably in writing and stating the grounds on which you intend to appeal. The Managing Director may appoint an independent person to hear the appeal. The company will make arrangements wherever possible, for the appeal to be conducted by a person who has not been involved in the disciplinary decision or action. You will have the right to attend the appeal hearing and to be accompanied by a fellow employee of your choice who is not connected to the same disciplinary case, or a trade union official who is certified to act as a worker’s companion at such hearings. You are not entitled to be accompanied by any other person. Should any new evidence come to light during the course of the appeal hearing then both parties, where appropriate will be allowed the option of adjournment to investigate or consider this new evidence. The person chairing the hearing will have the right to withdraw, confirm or vary downward the decision and/or penalty imposed. The result of the appeal will be notified in writing to you by the company and the decision will be final.
7. GRIEVANCE POLICY PURPOSE The grievance procedure allows you to formally raise a grievance about any aspect of your employment. Every effort will be made by those involved to reach a satisfactory settlement as soon as possible of any grievance that arises. If you have a grievance about your employment, you should follow the procedure below. GRIEVANCE PROCEDURE STAGE 1 In the first instance, you should raise your grievance verbally with your line manager who will try to resolve the problem without the requirement for a grievance hearing There are occasions when it is appropriate to move immediately to Stage 2 and omit Stage 1. This may be appropriate in the following circumstances: a. The grievance involves your line manager and you genuinely feel that you cannot approach them about the complaint to resolve it informally b. The grievance involves a sensitive issue you do not feel comfortable talking to your line manager about (i.e. discrimination/harassment/bullying) STAGE 2 If the initial meeting cannot resolve the problem to your satisfaction, you should put your grievance in writing to the Managing Director, who will arrange a grievance hearing at which your issue can be fully discussed to be chaired by him/her or his/her/their appointed deputy of appropriate level. Following the grievance hearing, the chairperson will then undertake such investigations as he/she deems appropriate. A further meeting may be arranged with you to advise you of whether your grievance is being upheld and to inform you of any action to be taken or recommendations to be made. 17
STAGE 3 If you are dissatisfied with the outcome of your grievance at Stage 2, you should write to the Managing Director explaining why you remain dissatisfied. You must do this within 5 working days of being notified of the outcome of your grievance at Stage 2. A grievance appeal hearing will then be arranged and will be heard by the Managing Director or his/ her/their appointed deputy of appropriate level. The decision reached at this stage will be final with no further right of appeal. ACCOMPANIMENT At Stages 2 and 3 of this process, you may be accompanied at the hearing by a fellow employee of the company of your choice who is not connected to the same grievance, or a trade union official who is certified to act as a worker’s companion at such hearings. You are not entitled to be accompanied by any other person.
8. EMPLOYEE BENEFITS PERMANENT HEALTH INSURANCE Eligible six months from your start date, the Company will pay the premium for you to enrol into the Permanent Health Insurance Scheme. The Scheme ensures that in the event of your being totally unable, by reason of sickness or accident, to follow your own occupation (and you do not commence a different occupation) you will be entitled to a ‘disability income’ at the discretion of the insurer. This income will be 75% of your salary at the time of disablement, less state benefits. It will commence after 26 weeks’ incapacity and will be payable for as long as you are incapacitated to a maximum age of 60. The cost of this cover is not taxable as a benefit in kind. Provision of this benefit will be absolutely provisional and conditional on acceptance by the permanent health insurance provider and subject to their rules and terms and conditions in force from time to time. Acceptance may also require provision of medical history and/or attendance for medical examination. Should acceptance be declined by the permanent health insurance provider, this benefit will not form part of your contractual terms. The company reserves the right to change the permanent health insurer provider with which the scheme is maintained, to change the rules of the scheme (including the basis of cover and the scale or level of benefit), or to discontinue cover altogether and/or terminate any employee’s participation in any scheme where, in the reasonable opinion of the Board, it is unable to obtain such cover on reasonable terms. LIFE ASSURANCE Eligible six months from your start date, the Company will pay the premium for you to be a member of the Group Life Assurance scheme to a maximum age of 60. The scheme insures your life for a multiple of four times your annual basic salary. The attached acknowledgement will confirm your wish to take advantage of the cover and tell us whom you would wish to benefit in the event of your death. The cost of this cover is not taxable as a benefit in kind. Provision of this benefit will be absolutely provisional and conditional on acceptance by the Life Assurance provider and subject to their rules and terms and conditions in force from time to time. Acceptance may also require provision of medical history and/or attendance for medical examination. 18
Should acceptance be declined by the Life Assurance provider, this benefit will not form part of your contractual terms. The Company reserves the right to change the insurance companies with which the life assurance scheme is maintained, to change the rules of the scheme (including the basis of cover and the scale or level of benefit), or to discontinue cover altogether and/or terminate any employee’s participation in any scheme where, in the reasonable opinion of the Board, it is unable to obtain such cover on reasonable terms. PENSION In accordance with the provisions of the Welfare Reform and Pensions Act 1999 the Company has a designated Stakeholder Pension Scheme with Standard Life. After six months’ continuous service, the Company contributes 4% of your gross basic annual salary. This excludes bonuses, cash payments in lieu of a company car, overtime, commission, SMP, SSP and any ex-gratia payments. As an individual you are entitled to tax relief and the Company’s contribution is not taxable as a benefit in kind. Contributions will be calculated monthly and not back dated. If you wish to make additional contributions then these will be deducted from your net pay monthly and paid into the fund along with the Company contribution. We recommend that you take independent financial advice on this matter and a full pension policy is available from Alison Pearson at RSM Tenon. This policy and an information pack on the Scheme will be forwarded to you before six months continuous service. If you require further information, please contact Emma Chapman. Provision of this benefit will be absolutely provisional and conditional on acceptance by the pension provider and subject to their rules and terms and conditions in force from time to time. Acceptance may also require provision of medical history and/or attendance for medical examination. Should acceptance be declined by the pension provider, this benefit will not form part of your contractual terms. The Company reserves the right to change the pension provider with which the scheme is maintained, to change the rules of the scheme (including the basis of cover and the scale or level of benefit), or to discontinue cover altogether and/or terminate any employee’s participation in any scheme where, in the reasonable opinion of the Board, it is unable to obtain such cover on reasonable terms. AD HOC HOME WORKING The Company Policy is that employees work from the office unless away on business. However, where appropriate a flexible approach will be taken but will be restricted to special circumstances and home working is at the discretion of the Managing Director or Creative Director. It may only be applied for if you have full access to your work emails and you ensure you are contactable by landline and mobile. All calls to you at the office will be re-directed to your home/mobile number. Your line manager and team must be advised of the situation and reception to be told the night before to ensure the employee’s absence is logged on the fire register and all contract numbers are confirmed. A log of the number of your home working days must be kept with the Managing Director.
19
9. AUTHORISED ABSENCE POLICY GENERAL You must ensure that any time off (other than in the case of sickness) is authorised in advance by your line manager. You should complete an absence form on your first day back at work. Reception should be advised the day prior if the appointment prevents you attending work for 9.00 a.m. Reception will note down your appointment on the appropriate form which you should sign. Creative/Studio and Production should also advise the Traffic Manager of when they will be absent and when they will return. MEDICAL AND DENTAL APPOINTMENTS You are requested to arrange any medical (except for ante-natal appointments) or dental appointments outside working hours. Where this is not possible, you must obtain permission from management before taking any time off and appointments should be arranged first thing in the morning or last thing at night to minimise any disruption to the company. TIME OFF FOR PUBLIC DUTIES You are entitled to ask for time off work for specific public duties. There is no statutory right to be paid for this time off. The permitted amount of time off is that which is reasonable in the circumstances. The public positions for which there is a right to time off are as follows: a. Justice of the Peace b. Members of a local authority, e.g. local councillors c. Members of a statutory tribunal d. Members of a police authority e. Prison visitors f. Members of health bodies e.g. NHS trusts, health authorities, etc g. Members of education bodies e.g. managing or governing bodies of local authority
educational establishments, grant maintained schools, school councils, colleges of further education, etc
h. Members of the Environmental Agency or the Scottish Environmental Protection
Agency
JURY SERVICE You are entitled to time off work for jury service. You should notify your line manager immediately on receipt of the jury summons, giving full details. You will not normally be paid for this time off and are advised to claim the expenses to which you are entitled from the court. These will normally include compensation for loss of earnings. COMPASSIONATE/BEREAVEMENT LEAVE The Company will consider requests for bereavement/compassionate leave sympathetically. As a general rule up to 3 days’ paid leave can be taken in the event of an immediate family bereavement. Appropriate time off, at the discretion of your line manager, will be granted to attend a funeral. For the purposes of this policy, an immediate family member is defined as: a. Spouse/established partner 20
b. Child/step-child/son in law/daughter in law c. Grandparent/grandchild d. Parent/step-parent/parent-in-law/foster parent e. Sister, brother
Any other relative who has regularly resided in your household may be considered immediate family and as such leave will be authorised at the discretion of the company. Additional time off or time off for other bereavement may be granted at your line manager’s discretion.
10. EQUAL OPPORTUNITIES POLICY PURPOSE The company are fully committed to developing positive policies to ensure job applicants and employees are not discriminated or victimised in any way and are afforded equal opportunities in recruitment, selection, promotion and training, regardless of sex, sexual orientation, marriage and civil partnership status, age, disability, pregnancy and maternity, gender reassignment, religion or belief, race, creed, colour, ethnic and national origins. The Directors fully support the achievement of the following objectives: a. ensuring this policy and the Codes of Practice issued by the Equality and Human
Rights Commission under the new Equality Act 2010 are communicated and understood by all employees during induction, training programmes and are readily available for reference thereafter
b. ensuring that the company’s policies and procedures are under constant review to
ensure compliance with all relevant legislation and best practice
c. ensuring that sources of recruitment are as broadly based as practical, and all
relevant media and job adverts are free from any bias or discriminatory comment. Where necessary issuing formal instructions to ensure recruitment, selection, training and promotion policies are known by managers/supervisors
d. that opportunities for promotion, training and career development are free from any
form of discrimination or victimisation
e. ensuring that positive action is only used in circumstances prescribed under the
Equality Act 2010
f. that pre-employment health questions will only be asked in compliance with the
guidelines provided in the Equality Act 2010
g. having an open door policy whereby all comments and suggestions are welcomed in
respect of both the company’s equal opportunities policy and any other policy or practice within the business
h. promoting equal pay i. take all reasonable precautions to prevent any form of discrimination, harassment or
victimisation from taking place, either by acts or omissions by both officers and employees of the company as well as third parties
21
j. investigating any complaints with regard to unfair treatment or harassment, ensuring
corrective action is implemented which will prevent recurrence
k. The company welcomes any information or advice from any employee on any equal
opportunities matter. In particular, you are requested to bring to the attention of your line manager any matters or areas where you believe the company's equal opportunities policy is not being complied with
DISCIPLINE AND GRIEVANCE a. You are reminded that to discriminate is a breach of the company's equal opportunities policy and may be unlawful b. Any alleged breach of the equal opportunities policy will normally be dealt with under
the company’s disciplinary and grievance policies. If you believe you have been subjected to any act of discrimination at work, you are strongly encouraged to raise the issue under the company’s procedures
The Company supports the IPA Ethnic Diversity Campaign which is included in the Employee Handbook as Appendix A.
11. TRAINING POLICY The Company is committed to encouraging and supporting its employees to experience learning as an on-going, integral part of their job role. The Company’s strategy is to develop employees both for their job role and in preparation for taking on new responsibilities. Where appropriate, the Company wishes to promote from within. We are committed to ensuring all employee training and development needs are met through the following principles are procedures: a. The Deputy Managing Director holds overall responsibility for learning and
development and the associated budgets
b. Line Managers are responsible for supporting employee development, discussing
learning and development within teams, overcoming barriers to learning, ensuring new learning will be applied in the workplace and discussing the benefits and impacts of the learning to the individual, team and Company
c. All employees have a responsibility to participate in training and development
activities
d. All employees have a responsibility to maintain a personal development plan and
individuals are encouraged to identify their own learning and development needs
Learning and development opportunities will depend on the needs to be met, the individuals involved, the link to Company aims and objectives, priorities, the desired outcomes and the resources available.
12. RETIREMENT PROCEDURE The company will not compel you to retire at any specified age. However, the company may require you to retire if it can justify this on objective grounds. This will be determined on a case by case basis. In addition, you may choose to retire of your own volition at any particular stage in your life. Accordingly, should you wish to retire, you should advise your line manager as soon as practicable of both your intention to retire and your intended retirement date. This will 22
enable the company to make suitable arrangements for your retirement including your replacement and any handover, if appropriate. Alternatively, you may wish to make changes in your lifestyle prior to retiring and this may involve reducing either the number of days or hours which you work or the duties which you carry out. The company will treat sympathetically your request to vary your working pattern. In the first instance, should you wish to apply for a variation in your working pattern, you should do so in writing to your line manager. Your line manager will then consider this request and in doing so may arrange an informal meeting with you to discuss your request and make a determination. Whilst the company will make every endeavour to do so, no guarantee can be made that your request will be agreed to. This will depend on factors such as, but not limited to: a. The nature of the work you do b. The company’s ability to find someone to cover the additional days/hours/duties c. The cost to the business d. Its impact on overall operational efficiency
Your line manager will provide you with reasons for acceptance/refusal in writing including any review period of the arrangement should this be necessary. The decision reached by your line manager will be final.
13. INTERNET, EMAIL, SOCIAL MEDIA AND TELEPHONE USAGE POLICY COMPUTER MISUSE a. All employees have access to the company’s computers for business and limited personal purposes provided that this personal use does not interfere with your capacity to carry out your work effectively, failure to comply with this policy, may mean you are subject to the company’s disciplinary procedure b. Vandalism of, or otherwise intentionally interfering with, the company’s computer
network constitutes a gross misconduct offence and could render you liable to summary dismissal under the company’s disciplinary procedure
E-MAIL AND INTERNET a. You will have access to e-mail and the Internet for use in connection with the company’s business and as part of the normal execution of your duties. The purpose of these rules is to protect the company’s legal interests. Unregulated access increases the risk of you inadvertently forming contracts through e-mail and increases the opportunity for wrongful disclosure of confidential information. In addition, carelessly worded e-mail can expose the company to an action for libel/ defamation. E-mail should not be used for unsolicited correspondence or marketing campaigns and employees may not commit the company financially by e-mail unless they have been granted a specific level of delegated authority to do so b. If you are an authorised user of the internet, you are not permitted to surf the Internet
or to “chat” by e-mail or other social networking facilities for personal and private purposes during working hours. The use of instant messaging systems is expressly prohibited at work. You are also prohibited from using e-mail to circulate any nonbusiness material. Not only does excessive time spent online lead to loss of productivity and constitute an unauthorised use of the company’s time, sexist, racist or other offensive remarks or jokes sent by e-mail are capable of amounting to 23
unlawful harassment. If you are discovered contravening these rules you may face action under the company’s disciplinary procedure. Depending on the seriousness of the offence, it may amount to gross misconduct and could result in your summary dismissal c. Logging on to sexually explicit websites or the downloading and/or circulation of
pornography or obscene material or using the Internet for gambling or illegal activities constitutes gross misconduct and could render you liable to summary dismissal under the company’s disciplinary procedure
d. You are not permitted to publish defamatory and/or knowingly false material about
The Union or any of its associated Companies, your colleagues, Directors/Partners/ Owner(s) and/or our customers/clients on social networking sites, “blogs” (online journals), “wikis” and any online publishing format. If you are discovered contravening these rules you may face action under the company’s disciplinary procedure. Depending on the seriousness of the offence, it may amount to gross misconduct and could result in your summary dismissal
e. The company reserves the right to monitor your e-mails and use of the Internet, both
during routine audits of the computer system and in specific cases where a problem relating to excessive or unauthorised use is suspected. The purposes for such monitoring are: i. To promote productivity and efficiency ii. For security reasons iii. To ensure that you have not been using email to send or receive an excessive
number of personal communications
iv. To ensure the smooth running of the business if you are absent for any reason and
communications need to be checked
v. To ensure that all employees are treated with respect, by discovering and
eliminating any material that is capable of amounting to unlawful harassment
f. Communications of a sensitive or confidential nature should not be sent by e-mail
because it is not guaranteed to be private
g. The company reserves the right to deny or remove e-mail or Internet access to or
from any employee
USE OF E-MAIL SUMMARY a. No email may contain any references to other individuals which might be construed as libellous or defamatory b. No e-mail communication which might be regarded as harassing or insulting may be
sent using the company’s system. Complaints about the performance or service of other departments or individuals must be made on a face to face basis as is normal courteous practice
c. The company recognises that it is not always possible to control incoming mail. Any
material which would be considered as non-businesslike, sexually explicit or offensive should be deleted at once. If you find that you are receiving such communication from known sources, you are responsible for contacting that source in order to request that such communication is not repeated
d. If you receive a virus warning via e-mail, you should take no action, whatsoever, other
than informing IT/appropriate contact immediately. No attempt should be made to open or forward the email without prior permission from IT/appropriate contact
24
e. E-mails sent internally may be sent in an informal style, but you are asked to observe
normal courtesy’s as per the house style. An example of an acceptable style is available upon request
f. E-mails which are sent to recipients outside the company should be composed in a
business like manner. A guideline for suitable styles is available upon request and this should be followed at all times. Any attachments such as letters must be headed and written accordingly to the normal house style
g. Unsolicited e-mails may not be sent at any time. Any “junk” mail received should be
deleted immediately
h. Although all Company emails are scanned externally before being sent.
Any attachments received within an e-mail that you are in any doubt about whatsoever, must be checked for viruses, before they are opened
i. The e-mail address book will be maintained by IT/appropriate contact to whom any
changes should be advised. E-mail addresses and passwords for all employees will be issued by IT /appropriate contact and may not be changed without their authorisation
j. It is a disciplinary offence to access another individual’s e-mail facility by using their
password without their express permission
COMPUTER SOFTWARE, GAMES AND VIRUSES a. The company licences the use of computer software from a variety of outside companies. Where the company does not own software and, unless authorised by the software developer, neither the company nor any of its employees have the right to reproduce it. To do so constitutes an infringement of copyright. Contravention is a disciplinary matter and will be dealt with in accordance with the company’s disciplinary procedure b. The company’s computer network must be protected from viruses. Therefore, only
duly authorised personnel may load new software onto the network system. Even then, software may be loaded only after having been checked for viruses by authorised personnel. Contravention is a disciplinary matter and will be dealt with in accordance with the company’s disciplinary procedure
SOCIAL MEDIA POLICY The company realises that social media and networking websites have become a regular part of everyday life. However, we are also aware that these sites can become negative and care must be taken not to breach our confidentiality policy or offend clients, customers, suppliers, employees or any other business contact when using these services. For the purposes of this policy, social media is any type of interactive online media that allows parties to communicate instantly with each other or to share data in a public forum. This includes online social forums such as Twitter, Facebook and LinkedIn. Social media also covers blogs and video- and image-sharing websites such as YouTube and Flickr. Employees should be aware that there are many more examples of social media than can be listed here and this is a constantly changing area. Employees should follow these guidelines in relation to any social media that they use. The absence of, or lack of, explicit reference to a specific website or service does not limit the extent of the application of this policy. Where no policy or guidelines exist, employees must use their judgment as to what is and what is not appropriate use or comment on such sites. Consult with your line manager if you are uncertain. 25
USE OF SOCIAL MEDIA AT WORK Employees are allowed to make reasonable and appropriate use of social media websites from the organisation’s or their own computers or devices whilst they are at work. MONITORING THE USE OF SOCIAL MEDIA DURING WORK TIME The company reserves the right to monitor employees’ internet usage, but will endeavour to inform an affected employee when this is to happen and the reasons for it. The company considers that valid reasons for checking an employee’s internet usage include suspicions that the employee has: • Been using social media websites excessively or when he/she should be working; or • Acted in a way that is in breach of the rules set out in this policy. Access to a particular social media websites may be withdrawn in any case of misuse. SOCIAL MEDIA OUTSIDE THE WORK PLACE The company recognises that employees may make use of social media in a personal capacity. While they are not acting on behalf of the company, employees must be aware that they can damage the company if they are recognised as being one of our employees. Employees are allowed to say that they work for the company and the company recognises that it is natural for its employees to discuss their work on social media sites. If employees do discuss their work on social media (for example, giving opinions on their specialism or the sector in which the company operates), they must include on their profile a statement along the following lines: “The views I express here are mine alone and do not necessarily reflect the views of my employer”. Any communications that employees make in a personal capacity through social media must not: • Bring the company into disrepute, for example by: - Criticising or arguing with customers, clients, suppliers, distributors colleagues or competitors. - Making defamatory comments about individuals or other organisations or groups; or - Posting images that are inappropriate or links to inappropriate content. • Breach confidentiality, for example by: - Showing any work without the express permission of your Line Manager. - Revealing trade secrets or information owned by the company. - Giving away confidential information about an individual (such as a colleague or supplier/distributor or client/customer contact) or company (such as a rival business); or - Discussing the company’s internal workings (such as deals that it is doing with a customer/client or its future business plans that are not public knowledge). • Breach copyright, for example by: - Using someone else’s images or written content without permission; or - Failing to give acknowledgement where permission has been given to reproduce something; or • Do anything that could be considered discriminatory against, or bullying or harassment of, any individual, for example, by: - Making offensive or derogatory comments or discriminating or inciting others to discriminate on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. 26
- Using social media to bully another individual (such as an employee of the company or a supplier, distributor or customer/client); or - Posting images that are discriminatory or offensive or links to such content. You should make sure that others cannot access any content, media or information from that profile that (a) you are not happy them to have access to; and (b) which would undermine your position as a professional, trusted and responsible person. As a basic rule, if you are not happy for others you work with to see particular comments, media or information simply do not post it in a public forum online. When using social media in your personal life employees should: • Ensure the privacy settings on your profile so that only people you have accepted as friends can see your content. • Review who is on your 'friends list' on your personal profile. In most situations you should not accept friend requests on your personal profile from clients or suppliers/ distributors you work with. • Ensuring personal blogs have clear disclaimers that the views expressed by the author are theirs alone and do not represent the views of the company. • Make your writing clear that you are speaking for yourself and not on behalf of the company. • Ensuring information published on the Internet complies with the company’s confidentiality and data protection policies. Breach of confidentiality may result in disciplinary action up to and including dismissal. When using business networking sites, employees should: • Follow the same guidelines for business networking sites as you would for personal and or social networking sites. • Participate online in a respectful, relevant way that protects the company’s reputation follows the letter and spirit of the law. • If you are writing about the company use your real name, identify that you work for [insert company name], and be clear about your role. If you have a vested interest in what you are discussing, be the first to say so. • Never represent yourself or the company in a false or misleading way. All statements must be true and not misleading; all claims must be substantiated. • Post meaningful, respectful comments – in other words, no spam and no remarks that are off-topic or offensive. • Use common sense and common courtesy: for example, it is best to ask permission to publish or report on conversations that are meant to be private or internal to the company. Make sure your efforts to be transparent don't violate the company's privacy, confidentiality, and legal guidelines for external commercial speech. • Stick to your area of expertise and do feel free to provide unique, individual perspectives on non-confidential activities at the company. • When disagreeing with others' opinions, keep it appropriate and polite. If you find yourself in a situation online that looks as if it’s becoming antagonistic, do not get overly defensive and do not disengage from the conversation abruptly: feel free to ask the senior members of the company for advice and/or to disengage from the dialogue in a polite manner that reflects well on the company. • If you wish to write about the competition, make sure you behave diplomatically, have the facts straight and that you have the appropriate permissions. • Please never comment on anything related to legal matters, legal action, or any parties the company may be in legal proceedings with. • Never participate in Social Media when the topic being discussed may be considered a crisis situation. Even anonymous comments may be traced back to your or the company’s IP address. Refer all Social Media activity around crisis topics to the company Directors. 27
• Be smart about protecting yourself, your privacy, and company confidential information. What you publish is widely accessible and will be around for a long time, so consider the content carefully. • Change the privacy settings on your profile so that your contacts are not open for everyone to access. • Clients and distributors/suppliers you add as contacts during your employment belong to the company and upon termination of your employment (howsoever caused) the company will ask to see your whole list of contacts and advise which (if any) you should delete. • Upon leaving the company you must update any social media site to reflect you are no longer an employee of the company. Ensure you are always respectful towards: • The company and its owners, shareholders, directors, partners, managers. • Your colleagues. • Competitors. • Clients, suppliers and distributors. Employees should be aware that any disrespectful comments to the above might be seen as libellous and could result in disciplinary action up to and including dismissal. The company’s logos and trademarks may not be used without written consent. At all times, in or out of working hours, you are an ambassador for the company. Be aware that your actions captured via images, posts or comments online can reflect on the company. USE OF OFFICIAL ACCOUNTS The company and its subsidiaries operate a number of accounts on social media websites for the promotion of activities and events, and as a communication method. The following outlines the limits of their use: • An official account on any social media website may only be set-up with written consent from your line manager. • Only authorised employees may use these accounts to post online and access to the account should be strictly limited. • All information published on the Internet must comply with the company’s confidentiality and data protection policies. • Copyright laws must be respected, with references or sources cited appropriately. • Any employee who becomes aware of social networking activity that would be deemed distasteful should make their line manager aware as soon as possible. All employees using official accounts must adhere to the above guidelines; breach of this policy may result in disciplinary action up to and including dismissal. NOTE: Any media enquiries must be referred to the company Directors. Any breach of this policy may result in disciplinary action up to and including dismissal. TELEPHONE MISUSE a. The company’s telephone lines (landline and mobile) are for exclusive use in connection with the company’s business. Whilst the company will tolerate essential personal telephone calls concerning your domestic arrangements, excessive use of the telephone for personal calls is prohibited. This includes lengthy, casual chats and calls at premium rates. Not only does excessive time engaged on personal telephone calls lead to loss of productivity, it also constitutes an unauthorised use of the company’s time 28
b. This applies equally to calls made on company telephone lines and on personal
mobile telephones. It also applies to use of texting on company or personal mobiles. If the company discovers that either a landline or a company mobile telephone has been used excessively for personal calls, this will be dealt with under the company’s disciplinary procedure and you will be required to pay to the company the cost of personal calls made. Similarly, if the company discovers that a personal mobile telephone has been used excessively for personal calls and or texts, this will be deemed to constitute an unauthorised use of the company’s time which will similarly be dealt with under the company’s disciplinary procedure
c. Personal telephone calls should be timed so as to cause minimum disruption to
workload and should, as a general rule, only be made during breaks except in the case of a genuine emergency
14. ANTI-BRIBERY POLICY It is the company’s policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate and implementing and enforcing effective systems to counter bribery. In this policy third party means any individual or organisation you come into contact with during the course of your employment, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisors and government and public bodies, including their advisors, representatives and officials, politicians and political parties. A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage. You should at all times act in accordance with the following provisions: • Ensure that you read, understand and comply with this policy • Behave honestly, be trustworthy and set a good example • Use the resources of the company in the best interests of the company and do not misuse those resources • Make a clear distinction between the interests of the company and your private interests to avoid any conflict of interest, and if such conflict does arise report it to your line manager immediately • Ensure that any community support, sponsorship and charitable donations do not constitute bribery, and if in doubt you should consult your line manager • Confidentially report all incidents, risks and issues which are contrary to this policy to your line manager • Bring to the company’s attention any breach or potential breach of the company’s anti-bribery policy • Do not offer or accept bribes • Do not offer money to any public officials in order to speed up services or gain improper advantage. This type of bribery is a “facilitation payment” and is illegal. If you are faced with a demand for a facilitation payment you must: - Actively resist the payment - Inform your line manager GIFTS AND HOSPITALITY This policy does not prohibit normal and appropriate hospitality (given and received) to or from third parties. The giving [or receipt] of gifts is not prohibited, if the following requirements are met: 29
• • • • •
It complies with local law It is given in the company name, not in your name It does not include cash or a cash equivalent (such as gift certificates or vouchers) It is appropriate in the circumstances (for example at Christmas) Taking into account the reason for the gift, it is of an appropriate type and value and given at an appropriate time • It is given openly, not secretly; and • Gifts should not be offered to, or accepted from, government officials or representatives, or politicians or political parties, without the prior approval of your line manager It is not acceptable for you (or someone on your behalf) to: • Give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given • Accept payment from a third party that you know or suspect is offered with the expectation that it will obtain a business advantage for them • Accept a gift or hospitality from a third party if you know or suspect that it is offered or provided with an expectation that a business advantage will be provided to the company in return • Threaten or retaliate against another employee who has refused to commit a bribery offence or who has raised concerns under this policy; or • Engage in any activity that might lead to a breach of this policy RECORD KEEPING • The company will keep financial records and have appropriate internal controls in place which will evidence the business reason for making payments to third parties • All employees must declare and keep a written record of all hospitality or gifts accepted or offered, which will be subject to managerial review • All employees must ensure all expense claims relating to hospitality, gifts or expenses incurred to third parties are submitted in accordance with the company’s expenses policy and specifically record the reason for the expenditure • All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. No accounts must be kept “off-book” to facilitate or conceal improper payments HOW TO RAISE A CONCERN You are encouraged to raise concerns about any issue or suspicion of malpractice at the earliest possible stage. If you are unsure whether a particular act constitutes bribery or corruption, or if you have any other queries, these should be raised with your line manager/a Director. PROTECTION Employees who refuse to accept or offer a bribe, or those who raise concerns or report another’s wrongdoing, are sometimes worried about possible repercussions. The company aims to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. The UK anti-bribery legislation applies to all activities of a UK-based business no matter where they are carried out in the world. This policy therefore applies to ALL activities worldwide, whatever the local law, practice or custom may be. By complying with this policy we aim to ensure that you and the company will not at any time knowingly breach any relevant anti-bribery and corruption legislation and also that 30
by adhering to the policy the company can demonstrate that it has adequate procedures in place to prevent such activity. All employees have an independent obligation to prevent bribery and corruption in the company and ensure that any interaction with public officials complies with this policy and relevant laws.
15. WHISTLEBLOWING POLICY The Company encourages employees to inform it of all breaches of the Law and Company policies. No employee will be disciplined nor suffer a detriment for disclosing such matters and your employment rights are protected by the Public Interest Disclosure Act 1998. The Managing Director and Deputy Managing Director are available at any time to discuss such issues and you should speak to one of them about any concerns you have in this regard.
16. HEALTH AND SAFETY The Company is committed to providing a safe and healthy working environment for all its employees. So far as is reasonably practicable, it will have systems and procedures in place which will ensure that all equipment, plant and premises are safe and free from adverse affects to health. As a minimum the Company will comply with current Health and Safety legislation, Codes of Practice, guidance notes and any subsequent legislation enacted under the Health & Safety at Work Act 1974. The Company requires all of its employees to co-operate in establishing and maintaining safe and healthy working conditions and to avoid any actions which may adversely affect the health, safety and welfare of themselves, their clients and others. This policy will be brought to the attention of all employees. • The Managing Director has ultimate responsibility for health and safety and will ensure that the Health and Safety Policy is fully implemented. • The Managing Director has a duty to ensure that systems are in place to investigate, report and record any accidents, near accidents, assaults or threatening behaviour. • The nominated Health & Safety Officers for the Company are Joyce Lehany and Brian Panton Employees have a duty to co-operate in the operation of this policy by: • Working in a manner conducive to their own, and others, safety • Adhering to laid down procedures and practices which are designed to secure safe and healthy working conditions • Reporting accidents or unsafe conditions which have led, or may lead to injury or damage. Reports should be sent to one of the Health and Safety Officers or the Managing Director • Assisting in the investigation of accidents with the objective of introducing measures to prevent recurrence. If necessary, training will be provided safety and welfare responsibilities.
for personnel, appropriate to their health,
31
First Aid facilities will meet the standard required in current First Aid Regulations Procedures will follow the code of practice (First Aid at Work). The current First Aider is Joyce Lehany. All portable electrical appliances will be checked annually and a current certificate of competence in respect of electrical work will be maintained. A test should be requested immediately if any item of electrical equipment is suspected of being unsafe. The company have a spray booth for the mounting of work onto boards. This has been equipped to ensure that it meets with EU Regulations and will be checked on a regular basis. Employees will be made fully aware of the procedure to be taken in the event of a fire of bomb threat and a copy of the procedure can be requested from the Health & Safety Officer. A visitor’s book will be maintained and all staff are responsible for ensuring that all visitors/contractors entering and leaving the premises are logged in and out of the building. In the event of an emergency evacuation, any member of staff who has received a visitor will be responsible for directing them to their assembly point where a member of staff will record them present for roll call purposes. 17. BUSINESS TRAVEL & EXPENSES POLICY The aim of our business travel and expenses policy is to ensure the safety of all employees whilst minimising the impact on the environment and controlling costs. The company is committed to reducing the impact of our business activities on the environment. We monitor all business travel mileage with the objective of reducing this over time. In addition, we ask employees to consider the environmental impact of their journey as well as the cost and business practicalities when choosing how to travel. The company will normally reimburse you in respect of any expenses wholly, necessarily and proportionately incurred in the course of your work. The company reserves the right to refuse to pay an expense claim where the expenditure is unreasonable or unnecessary. Claims will be reimbursed provided: • • • •
The travel has been pre-approved They are reasonable They are backed up with receipts; and The appropriate documentation has been completed
WHAT COUNTS AS BUSINESS TRAVEL? Business travel is defined as: • Home to/from business location (e.g. client premises) or • Office to/from business location But only the lower distance can be claimed. You cannot claim the expense of travelling between home and work. Where journeys originate or terminate at your home, the mileage claimed should relate to the distance travelled in excess of the distance between your home and your normal 32
place of work. The same principle applies where overtime is incurred in respect of such travel. You are required to use the most cost-effective transport methods and routes in conducting business. RAIL TRAVEL Travel should be booked at the cheapest ticket available for the journey to be made. In order to secure lowest fare, rail bookings should be made at the earliest opportunity after the decision to travel has been made. When evaluating rail travel options, consideration should be given to buying two single journey tickets instead of one return journey ticket, where a cost saving may be made. COACH TRAVEL Travel should be booked for the cheapest ticket available for the journey to be made. In order to secure lowest fares, coach bookings should be made at the earliest opportunity after the decision to travel had been made. TRAVEL BY CAR Where a company vehicle is not available for use, privately owned vehicles for business travel may be used providing the owner/driver possess the appropriate level of insurance for business use. Expense rates (per business mile) for using a car are reviewed on a periodic basis to take into account HMRC advisory rate changes and/or fuel price fluctuations. The latest rates are available from Joyce Lehany. Claims for business mileage must be supported by a completed business mileage record form giving full details of the journeys involved. All necessary parking costs will be reimbursed. You are responsible for any fines or penalties incurred. TAXIS If public transport is not available, taxis may be used as a last resort. Travellers using taxis must claim the cost by completing a business expense claim form and provide evidence of expenditure incurred by production of receipts. AIR TRAVEL Air travel is only permitted in exceptional circumstances and must be authorised by your line manager prior to booking. Travel should be booked at the most efficient and economic fare available for the journey to be made e.g. Economy Class. It is permitted to accept the offer of an upgrade where no additional cost is incurred. If the journey involves more than seven hours flying time a traveller may consider purchasing an upgrade from Economy Class if the additional cost is justifiable. The traveller may be expected to contribute to the cost of an upgrade if the cost is unreasonable. TRAVELLING ABROAD • If travelling abroad on business you should ensure you book all travel and accommodation as far in advance as possible • Traveller’s cheques or foreign currency will need to be ordered at least one week before travel • Passports and visas will need to be applied for, or valid, before travel. British citizens must be in possession of a 10-year passport valid for at least six months after travel • Health guidance advice should be sought from the Foreign & Commonwealth Office or your doctor 33
• Travel Insurance – check your travel is covered under the company’s existing policy prior to travel • Other Guidance: The Foreign & Commonwealth Office provides valuable information on ‘Drugs’, what to do “If it all goes wrong” and the “Risk of terrorist attacks on ordinary people travelling overseas”. The website address is http://www.fco.gov.uk. Click on the “Travel” heading to access various menus available. ACCOMMODATION The lowest cost of suitable accommodation must be secured. Authorisation must be obtained from your line manager before the booking is made. A claim for the cost of accommodation can be made by completing a business expense claim form supported by receipts. SUBSISTENCE Subsistence is food and refreshments and incidental expenses when working away from the normal place of work, which are properly and reasonable incurred on company business. Costs must be claimed by completing a business expense claim form and providing evidence of expenditure incurred by production of VAT receipts. TRAVEL BY BIKE Expense rates (per business mile) for using a bike are reviewed on a periodic basis to take into account HMRC advisory rate changes. The latest rates (currently 20p per mile) are available from Joyce Lehany. Claims for business bike mileage must be supported by a completed business mileage record form giving full details of the journeys involved. STAFF COMMUTING: BIKES The company operate a cycle scheme enabling employees to purchase a bike and all accessories through a salary sacrifice scheme. The bike is purchased by the company with a VAT saving and there is a further saving on employee tax and NI contributions; the net monthly cost is deducted from the employees salary over a 12 month period. The employee then purchases the bike from the company at the fair market value. This scheme is run in strict accordance to the government’s green travel plan and conforms to the requirements of HMRC, OFT and DfT. The overall saving on the cost of the bike is around 30-40%. Please contact the Managing Director for further information.
18. PROVISION OF REFERENCES It is the company’s policy that references or a former or current employee may only be given by the employee’s line manager or in his/her absence, a senior manager. No other person in the company is permitted to provide a written or verbal reference about current or former employees. Any requests for a reference should be passed to the employee’s line manager or in his/ her absence, a senior manager. The line manager should notify a Director when the request is received and any reference given should be signed off by a Director before the line manager gives the reference.
34
19. OTHER POLICIES The company will require you to comply with other company policies as may be introduced from time to time. These policies will be circulated and signatures sought from you to state that you have read and understood those policies
SECTION C: INFORMATION ON YOUR STATUTORY RIGHTS
20. MATERNITY RIGHTS INTRODUCTION Subject to any change in legislation all female employees are entitled to maternity leave, regardless of their length of service. Below you will see the various maternity rights that apply in law and the steps you must take to remain eligible for these rights ONCE YOU KNOW YOU ARE PREGNANT As soon as you are aware you are pregnant, you should notify your line manager, as the company is required to carry out a risk assessment of your job in light of your pregnancy ANTE-NATAL CARE You are entitled to reasonable paid time off for ante-natal care. The company has the right to see your appointment card confirming your ante-natal appointment (once available normally after your first appointment) MATERNITY LEAVE PERIOD OF MATERNITY LEAVE a. Regardless of your length of service with the company and providing you comply with the notification requirements below; you will be entitled to 26 weeks of ordinary maternity leave. You may be entitled to Statutory Maternity Pay (SMP) for this period – see below b. Regardless of your length of service, you are also entitled to a further 26 weeks of additional maternity leave at the end of your ordinary maternity leave period. If you qualify, you will be entitled to SMP during a portion of your additional maternity leave c. During both your ordinary and additional maternity leave period, you will be entitled to all the normal benefits under your contract of employment, other than wages or salary NOTIFYING THE COMPANY a. In order to qualify for any maternity leave you must notify the company in writing, no later than the end of the 15th week before your EWC, of: i. the fact that you are pregnant; ii. the expected week of childbirth; and iii. the date on which you intend to commence your maternity leave b. The company will respond in writing, within 28 days of receiving your letter to confirm
when you are due back to work and if you qualify for SMP
c. The earliest date you can start your maternity leave is the beginning of the 11th week
before your EWC. If you fail to notify the company as outlined above, you may lose your right to start your maternity leave on the date you wish and your right to SMP
35
d. You can still change your mind about the date you wish to start your maternity leave
after you have given notification, but you must then give 28 days notice of the new date on which you want to start your maternity leave
e. If you are absent from work for a pregnancy-related reason on any day in the 4 week
period immediately before your EWC, your maternity leave period will automatically start the following day
KEEPING IN TOUCH DAYS a. The company will keep in reasonable contact with you during your maternity leave
and will ensure that you are kept informed of any information relating to your role, promotion opportunities or job vacancies during this time
b. By mutual agreement, you can work up to 10 days’ during your maternity leave.
These days can be used to carry out work, attend meetings or to attend training courses
c. You will not be able to undertake any keeping in touch days during the first two
weeks after your baby is born. The amount of pay you will receive for attending such days will be agreed with you at the time but you will receive at least the current rate of the national minimum wage
d. Your entitlement to SMP will continue during this time
YOUR RETURN TO WORK DATE a. Once you have notified the company properly of the date you intend to start your
maternity leave, the company must then write to you, specifying the date on which your maternity leave will end
b. You will be expected to return to work on the date specified in the company’s letter to
you. If you are unable to return to work on that date for any reason, you must notify the company of your absence from work in the normal manner
c. If you wish to return to work before the end of your maternity leave period, you must
give the company 8 weeks’ notice of the date on which you wish to return. If you do not give this notice, you may not be allowed to return to work on that date
d. If you do not wish to return to work after your maternity leave, you should notify the
company by giving at least the notice required in your contract in writing by the end of your maternity leave period
YOUR RIGHT TO RETURN You are normally entitled to return to the same job you did before your maternity leave, on the same terms and conditions, unless a redundancy situation has arisen during your maternity leave. If you wish to work part-time or different hours on your return to work, you must make your request in writing, then the company will consider your request. This request should be made at least 8 weeks before you are due to return STATUTORY MATERNITY PAY a. If you have completed at least 26 weeks continuous service ending with the 15th
week before your expected week of confinement, and your normal weekly earnings are above the lower earnings level for national insurance contributions, you will be eligible for SMP 36
b. Your SMP payment will be 6 weeks at the higher rate and up to 33 weeks at the lower
rate of SMP. The higher rate is currently 90% of average earnings. The lower rate will be advised to you at the appropriate time
c. You must inform the company of any change in circumstances that change your
entitlement to SMP
d. Failure to follow the notification procedures above may result in your not qualifying
for SMP
21. PATERNITY RIGHTS PATERNITY LEAVE QUALIFICATION FOR PATERNITY LEAVE You will normally qualify for statutory paternity leave if you fulfill the following conditions: a. You have or expect to have parental responsibility for a new born baby b. You are either the father of the baby or the husband or partner of its mother (this
includes female partners of the mother)
c. You have accrued at least 26 weeks continuous service by the 15th week before the
mother’s expected week of childbirth (EWC). This usually means that providing the mother was not already pregnant when you started work for the company, you will be entitled to paternity leave
d. You wish to take time off to support the mother or care for the new baby
THE AMOUNT OF PATERNITY LEAVE YOU CAN TAKE You can take either: a. One week’s paternity leave; or b. Two weeks’ paternity leave
In either case, you must take all your paternity leave at the same time. You cannot take a few days of paternity leave, then come back to work and take a few days more at a later date WHEN YOU CAN TAKE PATERNITY LEAVE a. You cannot take paternity leave until the child has been born b. You must take all of your paternity leave within 56 days of the child being born, or
within 56 days of the first day of the mother’s EWC, if the baby is born earlier than expected. You will have lost the right to any paternity leave you do not take within this timescale
NOTIFYING THE COMPANY a. To qualify for paternity leave, you must notify the company that you intend to take paternity leave no later than the end of the 15th week before the mother’s EWC. If this is not possible because you are unaware of the mother’s pregnancy at that time, you must notify the company of your intention to take paternity leave as soon as possible b. When you notify the company of your intention to take paternity leave, you must tell
the company: i. The mother’s EWC
37
ii. Whether you wish to take one or two weeks leave iii. When you want to start your paternity leave (see below) THE START DATE a. When you notify the company of your wish to take paternity leave, you must say when you wish your leave to start. You can choose to do this in one of three ways. You can say that you wish to start your leave: i. On the date the child is born; or ii. On a particular date after the first day of the EWC; or iii. A certain number of days after the date the child is born b. Once you have notified the company of your intention to take paternity leave, you can still change your mind about the start date for your paternity leave, but you cannot change your mind about whether you are taking one or two weeks leave. You cannot change your start date less than 28 days before the date you originally gave the company as your start date c. If the child is born much earlier than expected and your are unable to give the
amount of notice required for that reason, you will still be able to take your paternity leave at any time within 56 days of the child being born
d. If you cannot start your paternity leave on the date you have notified the company
because the child has not yet been born, you must change the start date to the date the child is actually born or a specified number of days thereafter
STATUTORY PATERNITY PAY (SPP) a. If you have completed at least 26 weeks continuous service ending with the 15th
week before the expected week of confinement, and your normal weekly earnings are above the lower earnings level for national insurance contributions, you will be eligible for SPP
b. Your SPP payment will be at the rate prevailing at the time you take your paternity
leave
c. You must inform the company of any change in circumstances that change your
entitlement to SPP
d. Failure to follow the notification procedures above may result in your not qualifying
for SPP
22. ADDITIONAL PATERNITY LEAVE AND PAY From 6th April 2010 eligible employees will have the right to take additional paternity leave and pay (APLP). However, the right will only apply where: • Your partner is due to give birth on or after 3 April 2011 • You and/or the other adoptive parent receive notification on or after 3 April 2011 that you have been matched with a child for adoption • The child’s mother (or primary adopter) returns to work without exercising their full entitlement to maternity or adoption leave • Where you are married to, or is the same sex civil partner of, the child’s mother but is not the child’s father, you will also be entitled to take leave if you expect to have the main responsibility for bringing up the child 38
Additional paternity leave (APL) will allow you to take up to 26 weeks leave to care for the child. APL can be for a maximum of 26 weeks, a minimum of 2 weeks and may only be taken in multiples of complete weeks You will only be able to start your APL: • 20 or more weeks after the child’s birth or placement for adoption • Once your partner has returned to work from statutory maternity leave (SML) or statutory adoption leave (SAL) and/or ended their entitlement to statutory maternity or adoption pay, or maternity allowance Your ASPL will have to have ended by the end of the 52nd week after the child’s birth or placement for adoption. You will only receive additional statutory paternity pay (ASPP) during the time your partner would have been receiving statutory maternity or adoption pay, or maternity allowance (i.e. during the mother’s 39 week maternity pay period paid at the same rate and in the same way as statutory maternity pay (SMP). To be eligible for APL, you must have completed at least 26 weeks’ employment ending with the relevant week (15 weeks before the expected week of childbirth) and remain in employment for the period until you intend to take APL (refer to paternity leave policy for more information on eligibility). However, there will be additional notification requirements for employees wishing to take APLP. Eight weeks before you wish your APL to start, you must provide the company with: • Notice of when you wish your leave to start and end • A declaration stating that you are taking the leave to care for the child • A declaration from the mother or other adoptive parent stating: i. The start and end dates of her statutory maternity pay or maternity allowance ii. Her intended return to work date iii. Confirming that you, the named employee, is the only person exercising the
right to APL
iv. Her national insurance number v. the name and address of her employer
• •
A copy of the child’s birth certificate You may be required to complete a form confirming these details the company will provide more information at the time of your application
An employee returning to work after a period of APL will be entitled to the same right to return to work as a parent returning to work after ordinary maternity/adoption leave
23. PARENTAL LEAVE QUALIFYING FOR PARENTAL LEAVE You will be able to take parental leave if you have at least one year’s continuous service, and meet one of the following conditions: a. Is the natural parent (named on the birth certificate) of a child under 5 years old or is
a parent of a child with a disability who is under the age of 18 (for the purposes of parental leave, a disabled child is one for whom disability allowance is being awarded) 39
b. Has adopted, or had the placement of a child for adoption. Parental leave can be
taken up to the 5th anniversary of the date when the placement for adoption began, or the child’s 18th birthday if this is earlier
c. Has acquired legal parental responsibility under the Children Act 1989 or registered
as the child’s father pursuant to the Births and Deaths Registration Act 1953 for a child who is under 5 years old and is able to provide evidence of his/her expected responsibility for the child and age of the child
PERIOD OF PARENTAL LEAVE a. You may normally take a maximum of 13 weeks’ parental leave in respect of your child. No more than 4 weeks’ parental leave may be taken in any 12 month period b. If you have several children, Parental leave may be taken in respect of each child who
is below the relevant age
c. Parents of disabled children are entitled to 18 weeks’ parental leave
TAKING PARENTAL LEAVE The taking of parental leave is subject to the following conditions: a. In most cases, you must give at least 21 days notice of the dates on which you intend to commence and finish leave b. The company can, within 7 days of you giving notice of your intention to take leave, postpone your leave by up to 6 months if the business would be unduly disrupted by the leave being taken at that time. Should the company do this, you will be consulted then advised in writing of when you may take your leave c. If your entitlement to parental leave arises from a period of continuous employment with another employer, you must provide the company with evidence of the period that you were continuously employed by that employer PAYMENT FOR PARENTAL LEAVE Please note that parental leave is unpaid but all other terms and conditions remain unchanged
24. RIGHTS OF ADOPTIVE PARENTS TYPES OF LEAVE THAT MAY BE TAKEN As a prospective adoptive parent, you may be entitled to the following types of statutory leave: i. Adoption leave and/or parental leave; or ii. Paternity leave and/or parental leave ADOPTION LEAVE OR PATERNITY LEAVE? a. If you adopt a child jointly with your partner or spouse, one of you may take adoption leave and the other may take paternity leave. Note that it is possible for a father to take adoption leave and a mother to take paternity leave in these circumstances b. Adoption leave and statutory adoption pay rights are the same as maternity leave and statutory maternity pay (SMP) rights – see the Maternity Rights section above. However, the notification requirements for adoption leave are different – see below
40
c. If you wish to take paternity leave in respect of an adopted child, the procedure set out in the paternity rights section above applies. This includes notification requirements ADOPTION LEAVE QUALIFICATION To qualify for adoption leave, you must: i. Be the child’s adopter ii. Have 26 weeks’ continuous service at the time you are matched with the child; and iii. Have notified the adoption agency that you agree to the child being placed with you ADOPTION LEAVE NOTIFICATION a. To qualify for adoption leave, you must normally notify the company in writing of the date the child is expected to be placed with you and the date you wish your adoption leave to begin no more than 7 days after the child being matched with you b. The company has the right to ask you for evidence in writing of: i. ii. iii. iv.
The name and address of the adoption agency The name and date of birth of the child The date on which you were notified of being matched with the child; and The date on which the child is expected to be placed with you
c. You can normally change your mind about the date you wish to start your Adoption Leave by giving 28 days, notice to the company in writing ADOPTION LEAVE – START DATE You can start your adoption leave on: a. The date the child is actually placed with you; or b. Any date specified by you within the 14 day period ending with the date the child is expected to be placed with you
25. TIME OFF FOR CARE OF DEPENDANTS CIRCUMSTANCES IN WHICH TIME OFF MAY BE TAKEN You are entitled to take time off to take action which is necessary: a. to provide assistance on an occasion when a dependant falls ill, gives birth or is
injured or assaulted; or
b. to make arrangements for the provision of care for a dependant who is ill or injured;
or
c. in consequence of the death of a dependant; or d. because of the unexpected disruption or termination of arrangements of the care of a
dependant; or
e. to deal with an incident involving your child which occurs unexpectedly whilst your
child is at school or nursery
DEFINITION OF DEPENDANT A dependant means any of the following people, providing they do rely on you for their care or to make arrangements for their care: 41
a. Your spouse or civil partner b. Your child c. Your parent d. A person living in your house who is not your employee, tenant, lodger or boarder PERIOD OF TIME OFF PERMITTED You are entitled to ‘reasonable’ time off for the reasons listed above. Except in the case of the death of a dependant, the Company would not normally expect you to require more than one day off for any of these reasons. Please note that you are not entitled by law to time off to provide care for a dependant, only to make arrangements for the provision of that care PAYMENT FOR TIME OFF You have no statutory right to payment for time off for any of the reasons above ABSENCE NOTIFICATION If you take time off for any of the reasons above, the company will still expect you to follow the absence notification procedure set out in this handbook, and if you fail to do so, you may be liable to disciplinary action. Should you require time off to care for a dependant, you must notify the company as soon as reasonably practicable and must give an indication of how long you expect to be off
26. FLEXIBLE WORKING PURPOSE a. Flexible working allows parents (including adopters, guardians, and foster parents) and those who have caring responsibilities for adults to request a variation to their working arrangements to a more flexible working arrangement to achieve a more balanced work and family life b. You are only allowed to make one application under this policy in a 12 month period
QUALIFYING CONDITIONS a. If you wish to make a request to work flexibly you need to satisfy the following criteria: i. Have been employed by the company for 26 weeks at the date the application is made ii. Have a child aged under 17, or if disabled under 18, for which you have or expect to have responsibility for the child’s upbringing in the capacity of parent, adopter, guardian, foster parent, married/unmarried couples and same sex couples iii. The application must be received no later than the day before the child’s 17th birthday or 18th birthday if disabled iv. You are the mother, father, adopter, guardian, special guardian, foster parent or private foster carer of the child or you are the person in whose favour a residence order is in force in respect of the child v. Have caring responsibilities for a person over the age of 18 years and in need of care, and you are either the mother, father, adopter, guardian, special guardian, parent in law, step parent, son, step son, son in law, daughter, step daughter, daughter in law, brother, step brother, brother in law, sister, step sister, sister in law, uncle, aunt, grandparent. This list is not exhaustive. If you require clarification you should contact your line manager vi. Making the application in order to enable you to care for your child 42
b. You have the right to request: i. A change in the hours you work ii. A change in the times when you work iii. To work from home c. Remember any changes to your contract will be permanent and will not revert back to your previous terms and conditions of employment when your child reaches either 17 or 18 if disabled (unless a temporary variation has been agreed) MAKING A REQUEST a. Any applications should be made to your line manager on the flexible working application by letter b. The request must be: i. In writing ii. Be dated iii. Specify whether you have made a previous application for flexible working and, if so, when iv. State that it is a flexible working application v. Specify the date on which you wish the change to take effect vi. If you wish the change to be temporary, specify the date on which you wish the change to come to an end vii. What effect, if any, you think your proposed change would have on the company and how such effect may be dealt with in your opinion viii.Specify the relationship you have with the person you wish to care for c. You will be invited to attend a meeting with your line manager to discuss your application within 28 days from receipt of your application, unless your application is approved in writing prior to this date. The aim of the meeting is to explore the suggested work pattern in depth, and to discuss how best it might be accommodated d. If you cannot attend the meeting at the date and time suggested by your line manager this date will be deferred to a date and time convenient for both yourself and your line manager (this must be within 7 days of the original meeting date). You have the right to be accompanied by a fellow employee during the meeting e. You will be notified of the outcome of the meeting within 14 days of the meeting taking place. If your application is accepted your notification, which will be in writing, will detail the appropriate changes to your terms and conditions of employment and the date they will become effective. You will need to sign one copy of the document to confirm your acceptance of the permanent changes to your contract of employment f. If your application is unsuccessful you will be notified in writing detailing the reasons for the rejection including a sufficient explanation and the details of the appeals procedure should you wish to appeal against the decision taken APPEAL a. The appeal process is designed to ensure both parties are dedicated to reaching a mutually conclusive agreement b. You have the right to appeal within 14 days of receiving the above decision. The
appeal must be in writing to the Managing Director including the date and outlining the grounds for appeal within 14 days of receiving your appeal letter, an appeal meeting date will be set. The Managing Director or his/her nominated deputy will set the date and time for the meeting. If you cannot attend the meeting the date will be 43
deferred to a date and time convenient for both, however again this must be within 7 days of the original date set. You have the right to be accompanied by a currently employed fellow employee during the meeting c. You will be notified of the outcome of the appeal meeting within 14 days. This
notification will be in writing, will be dated and will either outline your new terms and conditions with the date they become effective or will sufficiently explain the grounds for the decision to reject your application
44
APPENDIX 1 IPA Ethnic Diversity Campaign Objectives • Greater awareness of ethnic diversity in the UK. • More credible use of ethnic minorities in advertisements. • More employment of ethnic minorities in advertising and media. IPA Ethnic Diversity Campaign Leadership Challenge The IPA Ethnic Diversity Campaign Leadership challenge invites people in positions of influence across the advertising and media community to take a personal lead in promoting greater ethnic diversity in the industry. These leaders agree to sign up to the practical actions listed below. • I will use my position on the Agency Board to champion ethnic diversity issues at my agency and ensure it is high on the Agency’s agenda. • I will ensure our Agency is at the forefront of best practice in terms of strategic, creative and employment initiatives. • On employment, I will review our current practices to ensure we are encouraging a culture of ethnic diversity across our Agency as an Equal Opportunities Employer. • On portrayal and marketing to ethnic minorities, I will promote the need to build ethnic diversity measures and strategies into my Organisation’s planning and creative development processes so that we understand and represent appropriately, the various ethnic minorities that make up Britain today. • I will ensure we contribute to IPA surveys (for example the IPA CENSUS) and their other initiatives which monitor industry trends and issues.
45