Apr 17, 2015 - in duplicate) to their line manager as early as possible, normally giving a ... Statutory Sick Pay. Emplo
CALEDONIA COMMUNITY LEISURE LTD. Trading As
INVERNESS LEISURE
E M P L O Y E E H A N D B O O K
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INTRODUCTION TO THE COMPANY Inverness Leisure is the trading name for Caledonia Community Leisure Limited. The Company is registered in Scotland (SC181712) and is also recognised by HM Revenue & Customs as a Scottish Charity (SC27392). The Company has operated the sports and leisure facilities at Inverness Leisure on behalf of Highland Council since 1997 and has developed the facility to be one of the leading leisure centres in the Country when benchmarked against other similar sports and leisure centres. With over 50% of its expenditure being invested in staffing of the facilities, it is clear to see that Inverness Leisure unquestionably sees their ‘people’ as their most important asset. The Company is committed to continuous improvement of its facilities and achieves this through a prudent whilst proactive management ethos that delivers on its Mission Statement of: “Putting our people first by delivering on our customer promise all the time” The “Vision & Values” document assists in the positive recruitment of individuals who are able to demonstrate: • • • • • • •
Excellent customer service; A willingness to be empowered to take decisions; A “Can Do” attitude; A commitment to working as part of a small team, but also as part of the large team that is Inverness Leisure; An ability to be open and honest about themselves and the Company; To be able to show a high level of mutual respect for their colleagues within the organisation as well as the customers and members who use the facilities; An understanding that our business doesn’t stand still and is continually developing – therefore each individual requires the ability to embrace changes which will improve our organisation.
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Employees Handbook CONTENTS EMPLOYEE ENTITLEMENTS • • • • • • • • • •
Holidays Holiday Request Form Break Entitlement Sick Pay Entitlement Maternity Leave and Maternity Pay Paternity Leave and Paternity Pay Adoption Leave and Adoption Pay Shared Parental Leave and Pay Parental Leave Time Off for Dependants
DISCIPLINARY PROCEDURES • • • • • • •
Disciplinary Procedure and Action Exclusion Lists The Right to be accompanied Code of Conduct Performance Management Procedure Disciplinary and Dismissal Appeals Grievance Procedure
OPERATIONAL POLICIES AND PROCEDURES • See separate index at the beginning of this section
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HOLIDAYS Annual Holidays The holiday year runs from 1st April to 31st March. Full time employees’ annual holiday entitlement in any holiday year is 34 days (251.6 hours), unless stated otherwise in an employee’s Statement of Particulars of Employment, and which part time employees will receive pro rata. In addition, employees’ annual holiday entitlement will increase by a further 5 days once they have completed 5 years’ continuous service. This increase will apply to part-time employees on a pro-rata basis. The facility will completely close down for 2 weeks over the traditionally festive Christmas and New Year period, re-opening to the public on or around 4th January each year. Employees are required to reserve sufficient annual leave entitlement to cover this period in accordance with individual shift patterns. Management reserve the right to review departmental requirements on an annual basis (e.g. maintenance team). Full time employees will accrue holiday at the rate of one twelfth of the full annual and public holiday entitlement per calendar month from their first day of employment with the Company. This applies to part time employees pro rata. Employees with less than 12 months’ continuous service with the Company are not entitled to take paid annual holiday until it has accrued. Salaried employees will be paid their basic salary in respect of periods of annual holiday. Overtime is not included in the calculation of holiday pay. The weekly holiday pay of employees with no normal working hours will be their average weekly pay calculated over the 12 working weeks before the holiday is taken. Any holidays applied for in these circumstances will be taken from the employee’s individual entitlement. On termination of employment, employees will be entitled to be paid for holiday accrued but not taken at the date of termination of employment. If on termination of employment an employee has taken more annual holiday than he or she has accrued in that holiday year, an appropriate deduction will in the first instance be made from the employee’s final pay and where there are insufficient funds an invoice will be issued. Employees are not permitted to carry over accrued annual holiday from one holiday year to the next. In exceptional circumstances and at the sole discretion of the Company, accrued annual holiday entitlement in excess of the statutory minimum may be carried over from one holiday year to the next.
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All periods of annual holiday must be authorised in advance by management. Employees must not make firm annual holiday arrangements before receiving confirmation from management that their request has been authorised. Employees should note that the Company will not be held liable for any financial losses incurred by individuals who make bookings/reservations prior to the request for annual leave being formally approved. Employees are required to submit completed Holiday Request Forms (which are in duplicate) to their line manager as early as possible, normally giving a minimum of seven days’ notice. Once the employee’s line manager has approved or refused the holiday request, the notification will be passed to the HR Department who will ensure that this is properly recorded and confirmation returned to the employee by way of the pink duplicate slip from the original holiday form submission. Employees are not normally permitted to take more than two weeks’ of annual holiday at any one time. In circumstances where an employee wishes to take more than two weeks’ entitlement at one time, he or she should submit a written request to their Section Head, which in turn will be considered at the next Management Team Meeting. Thereafter they should receive a decision in writing from the Chief Executive. In recognition of the requirements of the Working Time Regulations, the Company recommends that a minimum of four weeks’ annual holiday entitlement is taken in blocks of weeks. Holidays may be booked up to 12 months in advance. In special circumstances (e.g. weddings, family access arrangements) the advance booking period may be extended by the Chief Executive. Employees are requested to advise the HR Dept. by 1st July of each year of when they intend to take four weeks of their annual leave. They do not have to take their leave by this time, merely book it. Employees who take unauthorised annual holiday may be subject to disciplinary action. Requests for annual holiday will normally be granted on a ‘first come, first served’ basis. Owing to the needs of the business, management in each sector reserves the right to limit the number of employees who may be permitted to take holiday at any one time. The granting of all holiday requests will be subject to adequate cover being available and the overall needs of the Company. Employees who are absent from work because of sickness immediately prior to a period of authorised annual holiday and whose incapacity extends into the authorised annual holiday period, or who become ill during a period of authorised annual holiday, may be permitted to delay the period of annual holiday until a later time upon submission of a medical certificate completed by a medical practitioner. Employees permitted the advantage of this facility
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are required to submit a further annual holiday request in respect of the new period of annual holiday. Holiday request forms can be obtained from the Duty Supervisor at any time. The forms are duplicate forms (top copy white, duplicate copy pink); an employee should not assume that their holiday request has been approved until they receive their pink slip back from their Line Manager or HR Section. Public Holidays Due to the nature of our business, all public holiday entitlement has been included into the annual holiday entitlement.
Break Entitlement In accordance with The Working Time Regulations 1998, the Company provides full-time employees with a meal/rest break. Meal/rest entitlements are detailed as follows Shift Length (Hours)
Meal/rest Entitlement
Up to 3.5
None
Between 3.5 and 4.5
10 minutes (paid)
Between 4.5 and 5.5
15 minutes (paid)
Between 5.5 and 6.5
20 minutes or 2 * 10 minutes (paid) as specified by daily rota
Between 6.5 and 7.5
30 minutes (unpaid) and 1 0 minutes (paid)
Between 7.5 and 8.5
30 minutes (unpaid) and 2 * 1 0 minutes (paid)
8.5 and over
30 minutes (unpaid) and 2 * 15 minutes (paid)
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SICK PAY ENTITLEMENT Statutory Sick Pay Employees who are absent from work because of sickness will normally be entitled to receive Statutory Sick Pay (SSP) from the Company providing they meet the relevant criteria. Once the criteria have been met, SSP is not normally payable for the first three days of sickness absence, unless the employee has been absent and in receipt of SSP within the previous eight weeks. Thereafter the Company will normally pay SSP at the statutory rate in force for a maximum of 28 weeks. In order to qualify for SSP the employee must notify the Company on the first qualifying day, and submit a certificate of absence as soon as practicable. The Company reserves the right to withhold payment of SSP where an employee fails to follow the correct procedure. Certain employees are excluded from the SSP scheme, e.g., employees who earn below the lower earnings limit for National Insurance purposes. The provisions relating to SSP are extremely complex. Employees who have any questions about it should approach their line manager.
Company Sick Pay The Company also operates a Company Sick Pay Scheme. Any payments made under this Scheme shall include SSP payments where they fall due. Entitlement to Company Sick Pay will be set out in each employee’s individual written Statement of Particulars of Employment. Payments of Company sick pay will not take into consideration any enhanced payments such as overtime, expenses etc., and will be at normal basic rate of pay. Part-time employees are entitled to Company Sick Pay on a pro-rata basis. Employees should note that this is not an entitlement to additional holiday or paid time off for any reason other than an employee’s genuine incapacity through illness or injury. The calculation of Company Sick Pay will take into account any previous payments of Company Sick Pay made in the 12 months immediately before the first day of the current sickness absence. The service length qualification will be calculated in respect of the employee's service length on the first day of the absence. Payment of Company Sick Pay will not be made unless the employee has complied fully with Company procedures relating to the notification and certification of absence.
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If an employee is suspended from work in relation to disciplinary matters, the Company reserves the right to pay Statutory Sick Pay only. Any such decision will be subject to review. Company Sick Pay will not be paid where the sickness is self-induced (including sports injuries), for periods required for non-essential/cosmetic surgery or any resulting infection, or where the sickness or injury arises from an employee’s misconduct at work. For example; breast augmentation, liposuction, tattoo removal, laser eye surgery etc. (note this list is not exhaustive). The Company reserves the right to withdraw the benefit of the Company Sick Pay scheme from an employee where it is considered that abuse of the scheme has occurred or where there is a high level of short-term absences throughout a rolling 12 month period. This decision will generally have been considered formally through the Company’s Disciplinary procedures with any such action forming all or part of an overall penalty. Employees must not engage in any other employment, whether paid or unpaid, whilst on sickness absence from the Company, or engage in any activity which is inconsistent with the nature of the alleged illness or injury or which may result in a delay in the employee’s recovery. Where it is found that an employee has breached this rule, disciplinary action will normally ensue. Where an employee has secondary employment and is able to work there but not at Inverness Leisure (due to the nature of the second job), they will automatically have the benefit of the Company Sickness Pay scheme withdrawn. Employees should note that this also applies to undertaking work (whether paid or unpaid) for a family run business. In circumstances where an employee’s absence is due to an injury where a claim may be made against a third party (e.g. road traffic incident), the Company will endeavour to recover all payments of all earnings up to the amount that is recovered from the third party for loss of earnings within the absence period. The employee will be expected to informed their own (or the third party insurers) of their employer’s intentions. The employee must disclose to the Company details of any sums paid by a third party in respect of loss of earnings whether or not the employee is in the employment of the Company at the time payment by the third party is made. Employees should claim any Social Security sickness benefits (such as incapacity or invalidity benefits) to which they may be entitled. Employees must notify the Company of all such payments which the Company will deduct from the employee’s Company Sick Pay. The rules of the Company Sick Pay Scheme do not imply that termination of employment may not take place before the payment of Company Sick Pay has been exhausted. Payment for phased return to work The Company recognises that in certain circumstances employees may have a desire to return to work following a period of sickness absence on what is referred to as a ‘phased return to work’.
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The Company will support any such requests providing that it is supported by the individual and their GP and that their position would allow for a partial or phased return. The employee will be deemed as having partially returned to work and payment will be as follows: • •
Employee will be paid at their normal rate of pay only for those hours/shifts worked during the phased return; The Employees absence will effectively be deemed to continue during all other periods.
Employees will not be able to seek a phased return to work without proper medical evidence/certification.
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MATERNITY LEAVE AND MATERNITY PAY Pregnant employees and employees who have recently given birth have a variety of legal rights. This area of law is very complex, and the following sections provide only a general guide for employees. Employees have separate rights to paid Time off for Antenatal Care, Maternity Leave and to Maternity Pay. The qualifying conditions for each are outlined below. Due to the nature of our business and potential health and safety implications, it is important that pregnant employees inform their line manager of the fact that they are pregnant as soon as they are able. This would enable the appropriate risk assessments to be carried out promptly and effectively. New mothers and adoptive parents have the right to share or transfer part of their maternity leave or adoption leave entitlement to the other parent. Further details can be found in the Shared Parental Leave policy (outlined elsewhere in the Employee Handbook). Time off for Antenatal Care All pregnant employees, regardless of length of service, are entitled to take time off with full pay during working hours to receive antenatal care. This includes relaxation and parent craft classes if attended on medical advice. The employer may require an employee who wishes to take time off for these purposes to provide medical certification of her pregnancy and an appointment card, except in connection with the first appointment. Maternity Leave Every employee who is pregnant has the right to a total of 52 weeks’ Maternity Leave from day one of employment. This is made up as follows: •
26 weeks’ Ordinary Maternity Leave; followed by
•
26 weeks’ Additional Maternity Leave.
Women are legally obliged to take a minimum of two weeks’ maternity leave after giving birth. A longer minimum period of four weeks applies in respect of women who work in factories. This is called Compulsory Maternity Leave.
Ordinary Maternity Leave During Ordinary Maternity Leave, the employee is entitled to receive all her normal contractual benefits (including annual holiday entitlement), but excluding pay. An employee is entitled to return to her original job at the end of the Ordinary Maternity Leave period.
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Additional Maternity Leave Additional Maternity Leave follows immediately after the end of Ordinary Maternity Leave. There can be no gap between the two. During Additional Maternity Leave, the employee is entitled to receive all her normal contractual benefits (including annual holiday entitlement), but excluding pay. The employee is entitled to return to her original job at the end of Additional Maternity Leave. However, if this is not reasonably practicable, she should be offered a similar job on no less favourable terms and conditions. Notification Procedures for Maternity Leave To be permitted to take Maternity Leave the employee must comply with the rules and procedures set out below. 1. No later than the end of the 15th week before the week the child is due, the employee must give her employer notice of: •
the fact that she is pregnant;
•
her expected week of childbirth, which must be confirmed with the medical certificate MATB1; and
•
the date on which she intends to start her Maternity Leave. This must be in writing if requested by the employer.
Within 28 calendar days of the employee giving notice, the employer will respond in writing to the employee, confirming the date when the Maternity Leave will end. This will normally be 52 weeks from the start of Maternity Leave. 2. The earliest the employee may start her Maternity Leave is 11 weeks before the expected week of childbirth. However, Maternity Leave will start automatically if the employee gives birth before this date. 3. The employee may change her mind about when she wants to start her leave, as long as she gives the employer at least 28 calendar days’ notice of the change. The period of 28 days must be before the earlier of the original planned start date or the new planned start date. 4. An employee’s Maternity Leave will automatically start if she is absent from work for a pregnancy related illness during the four weeks before the expected week of childbirth.
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Notification of Return to Work 1. The employee does not need to give notice of her return to work if she simply returns at the end of her Maternity Leave period. 2. If the employee wishes to return to work before her full entitlement to Maternity Leave has ended, she must give her employer a minimum of eight weeks’ notice of the date of her earlier return. 3. If the employee fails to give the required eight weeks’ notice of an earlier return to work, the employer may postpone the employee’s return until the end of the eight weeks’ notice she should have given, or until the end of her Maternity Leave period, whichever is earlier. 4. The employee may change her mind about the date of her return, but she must always give the employer at least eight weeks’ notice of any changes. 5. An employee does not lose the right to return to work if she does not follow the correct notification requirements. However, the employer may take appropriate disciplinary action if she fails to return to work at the end of her Maternity Leave period. 6. If the employee is unable to return to work because of ill health at the end of her leave, the employer’s normal sickness rules, procedures and payments will apply. Holidays and Maternity Leave Because holiday entitlement will continue to accrue during Maternity Leave, the employee should discuss with the employer when holiday will be taken. Holiday cannot be taken simultaneously with Maternity Leave, but could be taken either before the beginning or after the end of Maternity Leave. Contact with the Employee during Maternity Leave The Employer may make reasonable contact with the employee during Maternity Leave. Statutory Maternity Pay All employees who have been continuously employed for at least 26 weeks ending with the 15th week before the expected week of childbirth (the “Qualifying Week”), and who satisfy the following conditions, are entitled to receive Statutory Maternity Pay (SMP) from their employer. The employee must: •
still be pregnant at the 11th week before her expected week of childbirth or have had the child by that time;
•
have average weekly earnings equal to or above the Lower Earnings Limit for National Insurance purposes over the eight week period up to and including the Qualifying Week;
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•
give the employer notice that she intends to be absent from work because of her pregnancy at least 15 weeks before the expected week of childbirth; and
•
provide the employer with medical certification of her expected week of childbirth, normally using form MAT B1.
Statutory Maternity Pay is payable for up to 39 weeks. The first six weeks are payable at the higher rate which is 90% of the employee’s normal earnings. Normal earnings are calculated based on the eight week period before the Qualifying Week. However, any pay rises made by the employer up to the end of the employee’s Maternity Leave must be taken into account and SMP adjusted accordingly. The remaining 33 weeks are payable at a standard rate which changes from time to time. Where the employee’s earnings are below the standard rate, the employee should be paid at 90% of her average earnings of the previous eight weeks up to and including the Qualifying Week. Employees who do not qualify for Statutory Maternity Pay may be able to claim Maternity Allowance from their local Job Centre Plus office. Company Enhanced Maternity Pay Scheme The Company has in place an Enhanced Maternity Pay Scheme, which gives a higher allowance of maternity pay. Any payments made under this Scheme shall include SMP payments where they fall due. The enhanced pay arrangements are as follows: •
Weeks 1 to 6 of the maternity leave will be paid at 90% of average weekly earnings (calculated as per SMP rules).
•
Weeks 7 to 18 of the maternity leave will be paid at the rate of 50% of the employee’s normal weekly wage.
•
Weeks 19 to 39 of the maternity leave will be paid at normal SMP rates.
The Company Enhanced Maternity Pay Scheme is based on the requirement for the employee to return to work and remain in the Company’s service for at least three months following the end of the Ordinary or Additional Leave period. In the event that the employee does not return to work, or if the employee leaves within three months of her return to work, the Company retains the right to recover payment of the Enhanced Maternity Pay from the employee. Pension Contributions during Maternity Leave Where the employee has the benefit of contractual pension contributions made by the employer, these must continue to be paid at the full rate up to the end
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of the period when SMP is payable. Where the employee is required to make pension contributions, these will be based on the pay she receives during Maternity Leave. Keeping in Touch Days Employees on Maternity Leave may do up to 10 days’ work for the employer without losing their right to SMP. Work will be paid at the employee’s normal rate of pay, but any SMP will be taken into account. Neither the employee nor the employer is under any obligation to agree to Keeping in Touch days. Other employment whilst on Maternity/Paternity/Adoption Leave Similarly to sickness leave, employees must not engage in any other employment, whether paid or unpaid, whilst on Maternity/Paternity/Adoption Leave from the Company. Where it is found that that an employee has breached this rule, disciplinary action will normally ensue. Employees should note that the above also applies to undertaking work (whether paid or unpaid) for a family run business.
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PATERNITY LEAVE AND PATERNITY PAY Eligible employees (see below) are entitled to take up to two weeks’ paid Paternity Leave following the birth of their child in order to care for the child or support its mother. During Paternity Leave, most employees will be entitled to Statutory Paternity Pay (SPP), which will be the same as the standard rate of Statutory Maternity Pay (SMP).
Paternity Leave You can take Paternity Leave in relation to the birth or adoption of a child. If you are the partner of an individual who adopts, or you are the other member of a couple who is adopting jointly, you may be entitled to Paternity Leave. If you have adopted the child, you can choose who will take the Adoption Leave and who will take the Paternity Leave. Only one period of Maternity or Adoption Leave and one period of Paternity Leave may be taken between the couple even if your partner works for a different company. Further details of Adoption Leave entitlement are set out in the Maternity and Adoption Policy (outlined elsewhere in the Employee Handbook). In addition to the entitlement to Paternity Leave detailed in this policy, you may also be entitled to take a period of Shared Parental Leave and further details in respect of Shared Parental Leave can be found elsewhere in this Employee Handbook.
Ordinary Paternity Leave In order to qualify for Ordinary Paternity Leave (OPL) you must: •
have worked continuously for the Company for 26 weeks leading into the 15th week before the child is due; or by the week in which an approved adoption agency matches you with the child (the notification week)
•
be the biological father of the child or the mother's husband or partner (male or female) or have, or expect to have, responsibility for the child's upbringing
•
confirm the requested leave is intended for the purpose of caring for the child, or to support the child's mother or adoptive parent in caring for the child.
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Ordinary Statutory Paternity Pay Eligible employees are entitled to be paid during their OPL following the birth or placement of their child in order to care for the child or support its mother or adoptive parent. During OPL, most employees will be entitled to Ordinary Statutory Paternity Pay (OSPP), which will be the same as the standard rate of Statutory Maternity Pay (SMP). In order to qualify for OSPP you must: •
meet the OPL qualifying conditions mentioned above and
•
have average weekly earnings equal to or above the Lower Earnings Limit for National Insurance purposes over the eight week period leading up to and including, the 15th week before the child is due or, in adoption cases, the Notification Week
In addition to meeting the conditions detailed above, the Company may request you to provide a self-certificate as evidence that the mother or adoptive parent meets these conditions. The self-certificate must also provide the information required above and include a declaration that you meet the necessary conditions. The Company will consider all requests for Paternity Leave. However, you must be aware that Ordinary Paternity Leave can only be authorised to be taken immediately after the birth or the placement of the child or if later at a time to suit the needs of the business. Contractual benefits during your Paternity Leave You are entitled to enjoy your normal terms and conditions of employment, with the exception of pay, whilst on Paternity Leave. You are also entitled to return to the same job following your leave. If the Company provides you with an enhanced contractual right to Paternity Leave or Paternity Pay you should clearly understand, that when payment of contractual paternity pay is made this is inclusive of any SPP entitlement i.e. you are not entitled to both. Contact during Paternity Leave The Company may make reasonable contact with you during your Paternity Leave.
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PROCEDURE Requesting Ordinary Paternity Leave If you wish to take OPL you must notify the Company by the 15th week before the expected week of childbirth, stating the week the child is due, or the date of being matched with a child, whether you wish to take one week's or two weeks' continuous leave; and the date you want the leave to start.
The Company will consider all requests for Paternity Leave. However, you must be aware that Paternity Leave can only be authorised to be taken immediately after the birth or the placement of the child or at a time to suit the needs of the business. Employee declaration – •
You must provide the Company with a written request to take Paternity Leave. You must specify the expected week of child birth, or the date of the child's birth or the date the child was matched. The request must also specify the start and end date of the intended leave and state that the purpose of the leave is to care for the child.
You will also be required to provide a copy of the child's birth certificate or the relevant documents issued by the approved adoption agency, the name and address of the adoption agency and the name and address of the mother's employer. Taking Ordinary Paternity Leave You are permitted to take OPL in units of either one whole week or two consecutive whole weeks. Leave may start on any day of the week on or following the child's birth or the date of matching. Your leave must be completed within 56 calendar days of the actual date of birth of the child, or the date the child was matched. If the child is born early, leave must be taken within the period from the actual date of birth up to 56 calendar days after the expected week of birth. Changing the start of your Ordinary Paternity Leave Where you are to take OPL in respect of a child's birth or to coincide with the day a child is placed with you, you can give written notice to vary the start date of your leave from that which you originally specified. At least 28 days before the Expected Week of Childbirth or the Expected Placement Date, notice should be given where you wish to: •
vary your leave to start on the day of the child's birth
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•
vary your leave to start a specified number of days after the child's birth or after the placement date of the child (minus the specified number of days)
•
vary your leave to start on a specific date (or a different date from that you originally specified).
Returning to work after your Paternity Leave You are normally entitled to return to work following Ordinary Paternity Leave to the same position you held before commencing your leave. Your terms of employment will continue to be the same as they would have been had you not been on Paternity Leave. If your OPL has been combined with a period of Shared Parental Leave or a period of Parental Leave of more than four consecutive weeks, and it is not reasonably practicable for you to return to the job you held before commencing leave, the Company will offer you a suitable and appropriate alternative position. If you are unable to return to work following a period of Paternity Leave due to sickness or injury, this will be treated as sickness absence and the normal reporting procedures will apply. You should be aware if you do not return to work for any other reason, the Company will treat a late return as an unauthorised absence, which may result in disciplinary action up to and including dismissal without notice. Breach of this policy If you take a period of Paternity Leave under this policy for any purpose other than to care for the child, you may be subject to disciplinary action up to and including dismissal. Other employment whilst on Maternity/Paternity/Adoption Leave Similarly to sickness leave, employees must not engage in any other employment, whether paid or unpaid, whilst on Maternity/Paternity/Adoption Leave from the Company. Where it is found that that an employee has breached this rule, disciplinary action will normally ensue. Employees should note that the above also applies to undertaking work (whether paid or unpaid) for a family run business.
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ADOPTION LEAVE AND ADOPTION PAY Different Types of Leave Available to Couples Who Adopt Employees who adopt a child may be entitled to Adoption Leave and Statutory Adoption Pay. This right applies to both men and women. The partner of an individual who adopts, or the other member of a couple adopting jointly, may be entitled to Paternity Leave and Paternity Pay. When a couple adopts, the couple can choose who will take Adoption Leave and who will take Paternity Leave. Either sex can choose either type of leave. Details of Paternity Leave for an adoptive parent can be found at the end of this section. Adoption Leave Employees who meet the eligibility criteria are entitled to 26 weeks’ Ordinary Adoption Leave and 26 weeks’ Additional Adoption Leave, in order to care for a newly adopted child up to 18 years of age. To qualify for Adoption Leave, an employee must: •
be newly matched with a child for adoption by an approved adoption agency;
•
Have notified the agency that the employee agrees that the child should be placed with him or her and agreed the date of placement;
•
have worked continuously for the same employer for 26 weeks ending with the week in which the employee is notified of being newly matched with a child by the agency; and
•
notify the employer of when he or she wants to take Adoption Leave no more than seven calendar days after being notified that he or she has been matched with a child.
Only one period of Adoption Leave will be available irrespective of whether more than one child is placed for adoption as part of the same arrangement. Ordinary Adoption Leave During Ordinary Adoption Leave, the employee is entitled to receive all his or her normal contractual benefits (including annual holiday entitlement), but excluding pay. An employee is entitled to return to his or her original job at the end of the
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Ordinary Adoption Leave period.
Additional Adoption Leave Additional Adoption Leave follows immediately after the end of Ordinary Adoption Leave. There can be no gap between the two. During Additional Adoption Leave, the employee is entitled to receive all his or her normal contractual benefits (including annual holiday entitlement), but excluding pay. The employee is entitled to return to his or her original job at the end of Additional Adoption Leave. However, if this is not reasonably practicable, he or she should be offered a similar job on no less favourable terms and conditions. Notification Procedures for Adoption Leave To be permitted to take Adoption Leave the employee must comply with the rules and procedures set out below. 1. Within seven calendar days of being matched for a child, the employee must give his or her employer notice of: •
the date the placement is expected to take place; and
•
the date on which the employee intends to start Adoption Leave. This must be in writing if requested by the employer.
The employee should also give the employer the matching certificate from the adoption agency as evidence of entitlement to Adoption Leave. Within 28 calendar days of the employee giving notice, the employer will respond in writing to the employee, confirming the date when the Adoption Leave will end. This will normally be 52 weeks from the start of the Adoption Leave. 2. An employee who is adopting may choose to start Adoption Leave: •
from the date of the child’s placement; or
•
from a fixed date which can be up to 14 calendar days before the expected date of the placement.
The employee may change his or her mind about the start date of Adoption Leave, as long as he or she gives the employer at least 28 calendar days’ notice of the change. The period of 28 days must be before the earlier of the original planned start date or the new planned start date.
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Notification of Return to Work 1. The employee does not need to give notice of a return to work if he or she simply returns at the end of the Adoption Leave period. 2. If the employee wishes to return to work before the full entitlement to Adoption Leave has ended, the employee must give his or her employer a minimum of eight weeks’ notice of the date of the earlier return. 3. If the employee fails to give the required eight weeks’ notice of an earlier return to work, the employer may postpone the return until the end of the eight weeks’ notice the employee should have given, or until the end of the Adoption Leave period, whichever is earlier. 4. The employee may change his or her mind about the date of his or her return, but he or she must always give the employer at least eight weeks’ notice of any changes. 5. An employee does not lose the right to return to work if he or she does not follow the correct notification requirements. However, the employer may take appropriate disciplinary action if the employee fails to return to work at the end of his or her adoption leave period.
Holidays and Adoption Leave Because holiday entitlement will continue to accrue during Adoption Leave, the employee should discuss with the employer when holiday will be taken. Holiday cannot be taken simultaneously with Adoption Leave, but could be taken either before the beginning or after the end of Adoption Leave. Contact with the Employee during Adoption Leave The Employer may make reasonable contact with the employee during Adoption Leave.
Statutory Adoption Pay To qualify for Statutory Adoption Pay, the employee must: •
have been continuously employed for at least 26 weeks by the date he or she is informed by the adoption agency that the adopter has been matched with a child;
•
have average weekly earnings equal to or above the lower earnings limit for National Insurance purposes over the eight week period leading up to the date the adopter is matched with a child;
•
give the employer the required minimum notice that he or she intends to be absent from work because of adoption;
•
provide the employer with a matching certificate from the adoption agency as evidence of entitlement to Statutory Adoption Pay; and
•
provide a written declaration that the employee has chosen to receive
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Statutory Adoption Pay (SAP) rather than Statutory Paternity Pay (SPP). Statutory Adoption Pay is payable for up to 39 weeks at a standard rate which changes from time to time. Where the employee’s earnings are below the standard rate, the employee should be paid at 90% of his or her average earnings of the previous eight weeks up to and including the date the child is matched. Employees who do not qualify for Statutory Adoption Pay may be able to claim financial support from their local Job Centre Plus office.
Company Enhanced Adoption Pay Scheme The Company has in place an Enhanced Adoption Pay Scheme, which gives a higher allowance of adoption pay. Any payments made under this Scheme shall include SAP payments where they fall due. The enhanced pay arrangements are as follows: •
Weeks 1 to 6 of the adoption leave will be paid at 90% of average weekly earnings.
•
Weeks 7 to 18 of the adoption leave will be paid at the rate of 50% of the employee’s normal weekly wage.
•
Weeks 19 to 39 of the adoption leave will be paid at normal SAP rates.
The Company Enhanced Adoption Pay Scheme is based on the requirement for the employee to return to work and remain in the Company’s service for at least three months following the end of the Adoption Leave period. In the event that the employee does not return to work, or if the employee leaves within three months of his/her return to work, the Company retains the right to recover payment of the Enhanced Adoption Pay from the employee
Pension Contributions during Adoption Leave Where the employee has the benefit of contractual pension contributions made by the employer, these must continue to be paid at the full rate up to the end of the period when SAP is payable. Where the employee is required to make pension contributions, these will be based on the pay he or she receives during adoption leave. Keeping in Touch Days Employees on Adoption Leave may do up to 10 days’ work for the employer without losing their right to SAP. Work will be paid at the employee’s normal rate of pay, but any SAP will be taken into account. Neither the employee nor the employer is under any obligation to agree to
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Keeping in Touch days. Placement Ends If the child’s placement ends during the Adoption Leave period, the employee will be able to continue adoption leave for up to eight weeks after the end of the placement.
Paternity Leave and Adoption A qualifying employee may take either one whole week’s or two consecutive whole weeks’ paid Paternity Leave to care for a newly adopted child or to support his or her partner on adoption. To qualify for Paternity Leave, the employee must have worked continuously for the employer for at least 26 weeks leading into the week in which the adopter is notified of being matched with a child. The employee may decide to start Paternity Leave either from the date of the child’s placement, from a chosen number of days or weeks after the date of the child’s placement or from another chosen date. In all cases Paternity Leave must be completed within 56 calendar days of the child’s placement. Other employment whilst on Maternity/Paternity/Adoption Leave Similarly to sickness leave, employees must not engage in any other employment, whether paid or unpaid, whilst on Maternity/Paternity/Adoption Leave from the Company. Where it is found that that an employee has breached this rule, disciplinary action will normally ensue. Employees should note that the above also applies to undertaking work (whether paid or unpaid) for a family run business.
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SHARED PARENTAL LEAVE POLICY Introduction The purpose of this policy is to set out employees’ statutory rights and responsibilities in relation to shared parental leave and pay in respect of the birth of a child.
What is Shared Parental Leave (SPL)? SPL is leave available to working parents in the year following a child’s birth. It applies to parents of children due to be born on or after 5th April 2015. The total amount of SPL available is 52 weeks less the weeks spent by the child’s mother on maternity leave (or weeks when the mother has been in receipt of statutory maternity pay or maternity allowance if she is not entitled to maternity leave). The mother of the child cannot start SPL until after the compulsory maternity leave period, which lasts until two weeks after birth. The SPL scheme is entirely optional. The default position is that the child’s mother will take 52 weeks’ maternity leave. Accordingly, if an employee wishes to utilise the scheme, she must opt-in to it and fulfil all of the notification requirements set out in this policy.
Entitlement to SPL For the purposes of this policy: • •
•
Expected Week of Childbirth or EWC is the week, beginning on a Sunday, in which the doctor or midwife expects the child to be born; and Partner means spouse, civil partner or someone living with another person in an enduring family relationship, but not a sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew. Qualifying Week is the fifteenth week before the EWC.
An employee is entitled to SPL in relation to the birth of a child if: a) the employee is the child’s mother, and share main responsibility for the care of the child with the child’s father (or your partner, if your partner is not the child’s father); b) the employee is the child’s father and share main responsibility for the
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care of the child with the child’s mother; or c) the employee is the mother’s partner and share main responsibility for the care of the child with the mother (where the child’s father does not share main responsibility with the mother). The following conditions must also be fulfilled: a) the employee must have at least 26 weeks’ continuous employment with the Company by the end of the Qualifying Week and still be employed by the Company in the week before the leave is to be taken; b) the other parent must have worked (in an employed or self-employed capacity) in at least 26 out of the 66 weeks before the Expected Week of Childbirth (EWC) and had minimum average earnings in 13 of those weeks; and c) the employee and the other parent must give the necessary statutory notices and declarations summarised below, including notice to end any maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) periods. SPL entitlement is in addition to paternity leave entitlement. However, once an employee starts SPL, the employee loses any untaken paternity leave entitlement.
Opting in to SPL scheme In order to opt-in to the SPL scheme, the employee must provide the Company with an opt-in notice which contains the information specified below. If the employee opts-in to the scheme then the balance of the mother’s maternity leave is converted into SPL. The opt-in notice must contain the following information: a) the employee’s name and the name of the other parent; b) if the employee is the child’s mother, the start and end dates of her maternity leave; c) if the employee is the child’s father or the mother’s partner, the start and end dates of the mother’s maternity leave, or if she is not entitled to maternity leave, the start and end dates of any SMP or MA period; d) the total SPL available (which, as above, is 52 weeks minus the number of weeks’ maternity leave, SMP or MA period taken or to be taken); e) how much of that will be allocated to the employee and how much will be allocated to the other parent; f) if the employee is claiming statutory shared parental pay (SHPP), the total SHPP available (which is 39 weeks’ minus the number of weeks of the SMP or MA period taken or to be taken);
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g) how much of that will be allocated to the employee and how much will be allocated to the other parent; h) an indication of the pattern of leave the employee is thinking of taking including suggested start and end dates for each period of leave. This indication will not be binding at this stage but please provide as much information as possible regarding your arrangements; and i) declarations by the employee and the other parent that they meet the statutory conditions for entitlement to SPL and SHPP.
Curtailing maternity leave In order for a period of SPL to be taken, the child’s mother must either have returned from maternity leave or served a notice to curtail (i.e. bring to an end) her maternity leave at a specified point in the future. If the employee is the child’s mother and she wishes to curtail her maternity leave, she must serve a curtailment notice at least eight weeks in advance of the date on which she wishes to curtail your maternity leave. The curtailment notice must specify the date on which maternity leave will end. The curtailment notice can be served before or after birth but she cannot end her maternity leave until at least two weeks after birth. At the same time as the mother serves the curtailment notice, she must also serve the opt-in notice referred to above, or a written declaration that the child’s father or her partner has given his or her employer an opt-in notice, and that she has given the necessary declarations in that notice. The curtailment notice is usually binding. It can only be revoked if maternity leave has not yet ended and one of the following situations applies: a) if the employee realises that neither s/he nor the other parent are, in fact, eligible for SPL or SHPP, the curtailment notice can be revoked in writing up to eight weeks after it was given; b) if the employee served the curtailment notice before giving birth, it can be revoked in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later; or c) if the other parent has died. Once an employee revokes a curtailment notice, another curtailment notice cannot be served unless the revocation was given in the circumstances specified at (b) above. If the employee is the child’s father or the mother’s partner, s/he will only be able to take SPL once the mother has either:
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a) returned to work; b) given her employer a curtailment notice to end her maternity leave; c) given her employer a curtailment notice to end her SMP (if she is entitled to SMP but not to maternity leave); or d) given a curtailment notice to the benefits office to end her MA (if she is not entitled to maternity leave or SMP). We may ask an employee to provide a copy of the birth certificate and/or the name and address of the other parent’s employer.
Notifying the Company of Your SPL dates In addition to serving the opt-in notice on us, an employee will need to serve a period of leave notice specifying the start and end dates of your SPL, at least eight weeks in advance of the start date. The employee may find it simplest to serve the opt-in notice and the period of leave notice at the same time. The period of leave notice should also state the dates on which the employee intends to claim statutory shared parental pay, if applicable. Up to three period of leave notices can be served. If the period of leave notice gives dates for single continuous period of leave the employee will be entitled to take the leave requested. If the employee requests discontinuous blocks of leave (i.e. blocks of at least a week with periods of work between them) then we will consider the request but we are not obliged to agree to it.
Changing or cancelling SPL An employee can cancel a period of SPL by notifying us in writing at least eight weeks before the start date specified in the period of leave notice. An employee can change the dates for a period of leave by giving us at least eight weeks’ notice before both the original start date and the new start date.
Shared parental pay Statutory shared parental pay (SHPP) of up to 39 weeks (less any weeks of statutory maternity pay or adoption pay claimed by you or the other parent) may be available provided an employee has at least 26 weeks’ continuous service with us at the end of the Qualifying Week and average earnings are not less than the lower earnings limit set by the Government each year. SHPP is paid at a flat weekly rate set by the Government each year.
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Keeping in touch The law provides that each parent can work (including attending training) for up to 20 days during SPL without bringing your SPL or SHPP to an end (known as keeping in touch or “KIT” days). This is in addition to the 10 KIT days that can be taken during maternity leave. Employees are under no obligation to take KIT days. The arrangements for keeping in touch days (including payment or time off in lieu) are a matter for discussion between an employee and the Company.
Terms and conditions during Shared Parental Leave All terms and conditions of employment remain in force during SPL, expect for terms relating to pay.
Annual leave Annual leave entitlement will continue to accrue during periods of SPL. Please discuss holiday plans with a manager in good time before starting SPL.
Returning to work If an employee wants to end a period of SPL early, s/he must give at least eight weeks’ notice of the new return date. It is helpful if that notice is in writing. If an employee wishes to extend SPL, s/he must submit a new period of leave notice at least eight weeks before s/he is due to return to work, assuming s/he still have SPL entitlement remaining and have not already submitted three period of leave notices.
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PARENTAL LEAVE After one year’s service, employees are entitled to a maximum of 18 weeks’ unpaid Parental Leave for each of their children under eighteen years old. Parents of disabled children are entitled to a total of 18 weeks’ parental leave, which can be taken at any point until the child’s 18th birthday. Where an employee adopts a child under the age of 18, he or she is entitled to Parental Leave during the five years after the adoption, or until the child’s 18th birthday, whichever is earlier. A maximum of four weeks’ Parental Leave may be taken in any one year. Parental Leave may only be taken in blocks of one complete week or more except in the case of parents of children with a disability who may take Parental Leave one day at a time.
Procedure If you meet the qualifying conditions detailed above, you are required to give the Company a minimum of 21 calendar days' notice, in writing, of your request to take Parental Leave. The request must specify the start and end date of the intended leave and state that the purpose of the leave is to spend time with or to take care of the child. You must confirm if you have previously taken Parental Leave, in relation to the same child, during any previous or other employment with another employer. You are also required to provide evidence of your responsibility to the child: either a copy of the child's date of birth or adoption placement and, if applicable, the child's entitlement to a Disability Living Allowance. If you intend to take a period of Parental Leave immediately after a period of Paternity Leave, you must give the Company a minimum of 21 days' notice from the beginning of the expected week of confinement or placement. Employers have the right to postpone Parental Leave for up to six months if the business would be unacceptably disrupted by the employee’s absence. However, Parental Leave requested to take place immediately after the birth of a child may not be postponed provided that the employee has given 13 weeks’ notice of his or her intention to take Parental Leave at this time.
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TIME OFF FOR DEPENDANTS
(Emergency Leave to Care for a Dependant) Employees are entitled to take reasonable unpaid time off to deal with sudden or unexpected problems with a dependant. A dependant is a partner, child or parent who lives with the employee as part of his or her family or any other person who reasonably relies on the employee for assistance. Reasonable unpaid time off will be granted in the following circumstances: •
for the birth, sickness, injury or death of a dependant;
•
to make arrangements for the care of a sick or injured dependant or to make arrangements to deal with an unexpected disruption to care arrangements; or
•
to deal with an unexpected incident involving the employee’s child during school hours.
The right is only to deal with emergencies and to put care arrangements in place. This means that in the case of a dependant’s illness, for example, the employee is not entitled to time off for the duration of the dependant’s illness. Employees are required to inform the employer as soon as practicable of their absence, the reason for it and how long they expect to be away from work. There is no minimum service period for an employee to qualify for this right.
Paid Emergency Dependant Leave (PEDL): The Company provides a discretionary enhanced leave procedure for those employees who have responsibilities for caring for a dependent child or adult which is over and above the statutory entitlement set out above. The Company may, at the discretion of the Chief Executive, be permitted up to three days of paid leave in any twelve month period. Where an employee requires additional days off to care for dependent(s) in excess of PEDL this will be accommodated by the Company utilising their statutory entitlement or by short-notice leave.
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FLEXIBLE WORKING POLICY The Company believes that its employees are its most valuable asset and is committed to attracting and retaining the very best, whilst continuing to utilise all the talent and experience available within the community. It also appreciates that the standard Monday to Friday, 9 am to 5 p.m. working week is, in many cases, incompatible with increasing childcare and dependant adult care demands. Further to this, the nature of our business means that operating hours are far more wide-ranging than the standard 9 a.m. to 5 p.m. At all times, the Company continues to review its working practices and in the main most sectors are already required to work within a pattern of hours operating over 7 days per week in order to suit the needs of our clients. Other sectors will operate a 9.00 a.m. to 5.00 p.m. operation however, the Company will be happy to consider alternative arrangements in line with the terms of this policy. The Company recognises the importance of helping its employees to balance their work and home life by offering flexible working arrangements that enable them to balance their working life with other arrangements and commitments. However it is important that everyone recognises that employee levels must at all times remain in line with the demands of the business.
Flexible Working Arrangements This policy provides a description of the issues involved, taking into account the possible benefits of each kind of flexible working to both employees and the Company, but also raising possible drawbacks and areas of potential concern. The policy considers the following options, but the Company recognises there may be alternatives, and that the working pattern that may suit any particular individual could be a unique one involving a combination of options: •
job-sharing;
•
part-time working;
•
compressed hours;
•
flexitime;
•
term-time working;
•
swapping hours;
•
voluntary-reduced working time;
•
Flexible shift working.
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The Business Need Although the Company is committed to providing the widest possible range of working patterns for its workforce, both management and employees need to be realistic and to recognise that the full range of flexible working options will not be appropriate for all jobs across all areas of the business. Where an instance of flexible working is proposed the Company will need to take into account a number of criteria including (but not limited to) the following: •
the cost of the proposed arrangement;
•
the effect of the proposed arrangement on other employees;
•
the level of supervision that the post-holder requires;
•
the structure of the department and employee resources;
•
other issues specific to the individual's department;
•
an analysis of the tasks specific to the role, including their frequency and duration; or
•
an analysis of the workload of the role.
Eligibility for Flexible Working To be eligible to apply for flexible working, an employee must: •
have 26 weeks’ continuous service with the Company; and
•
not have made a request to work flexibly in the previous 12 months.
Procedure The employee is required to start the process with a written application to the employer to work flexibly. The application should be submitted as far in advance as possible and provide clear information to management about the employee’s desired working pattern, including days, hours, times and preferred start date. On receipt of the application, the Company will arrange to meet with the employee to discuss the request. The employee has the right to be accompanied by a work colleague or a Trade Union Official to any such meeting. Following the meeting, the Company will write to the employee setting out its decision. Where the Company agrees to the request, the letter will confirm the details and a start date. Once a request has been granted and confirmed, the new working arrangement will become the employee’s contractual
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arrangement and is binding on both parties. In the event that the Company decides to refuse the request, the letter will contain written reasons and details of the clear business grounds why the employee’s application to work flexibly has been turned down, as well as confirmation of his or her right to appeal against the decision within a further 14 calendar days. If the employee wishes to appeal the Company’s decision to refuse a request, he or she must appeal in writing to the employer within 14 calendar days, setting out the grounds for the appeal. All requests, including any appeals, will be considered and decided upon within three months of receipt of the application.
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DISCIPLINARY PROCEDURE AND ACTION The primary objective of the Company’s Disciplinary Procedure is to ensure that all disciplinary matters are dealt with fairly and consistently and, where there has been a breach of discipline, to encourage an improvement in individual conduct or performance. The Company reserves the right to discipline or dismiss an employee with less than 24 months’ continuous service without following the Disciplinary Procedure. For employees with 24 months’ continuous service or longer, the Company will follow the Disciplinary Procedure set out below.
Counselling: In the initial stages of what could potentially turn out to be a disciplinary matter management must first consider whether an informal counselling process would be more effective. In some cases, the right word, at the right time, may be a more satisfactory method of dealing with a breach of the rules than the formal disciplinary procedure. Counselling will take the form of a "gentle word in the ear" normally by the employee's immediate superior. The employee will be given every opportunity to state his or her case as part of the discussion with management. This discussion will however, require to be recorded as a reminder of the outcome of the conversation. In most circumstances management will endeavour to resolve minor issues of breach of discipline by counselling the employee concerned, however where this fails, the Company will invoke full disciplinary procedures. Counselling should not be confused with a formal verbal warning under the disciplinary procedure.
Disciplinary Procedures Investigation: All offences dealt with under the formal Disciplinary Procedure will be thoroughly investigated to establish the facts. At each stage of this procedure the individual will be given the opportunity of stating his or her case at an investigatory meeting before any decision is reached about action to be taken. In general the employee’s line management will conduct the investigation*, maintaining fairness and impartiality throughout, and will also ensure that each witness statement and all of the evidence is carefully checked.
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The statements of the employee who is under investigation will be carefully noted and investigated and at each stage management will take every opportunity to ensure that all of the facts of the matter are clear and have been examined properly. *In a situation where the Chief Executive requires to be investigated, this will be undertaken by the Company Secretary. Following the outcome of the investigation, the employee will be informed as to whether the Investigating Officer is of the view that the matter should now be considered fully by a Disciplining Officer/Panel. In the event that this is the case, the employee will be given prior notice of any requirement to attend a Disciplinary Meeting. A minimum of 3 working days’ notice will be given to allow him or her to prepare for the Disciplinary Meeting.
Suspension: It may be necessary to suspend an employee whilst an investigation is taking place. Any suspension will be kept to a minimum, and will be on full pay. In these circumstances the suspension itself will not constitute disciplinary action nor should it be considered to be punitive. Suspension will normally be implemented where the following is suspected: •
the employee has opportunity of interfering with the investigation by destroying evidence etc.;
•
the investigation may be better conducted without the employee on site;
•
the employee is accused of bullying, harassment, or intimidation of any kind, thus allowing the Company to protect employees, customers etc.;
•
to protect the employee’s best interests.
The employee will be notified immediately of any decision taken to suspend him or her, and notification will be confirmed in writing within 24 hours of the notice being issued.
Disciplinary Meetings: Once a decision has been made to proceed to the formal disciplinary procedures employees are entitled to be accompanied by a fellow employee or by a Trade Union official at any stage in the following procedures, and are encouraged to make use of this facility. In circumstances where an employee has difficulty in arranging that a colleague or a Trade Union official attend the Disciplinary Meeting within the time scale set, management may permit the Meeting to be delayed by up to five working days. The Meeting will normally be chaired by the employee’s line manager along with one other member of the Company’s Clerical team*, who will be there purely in a note-taking capacity. *In the case of the Chief Executive (or where the Chief Executive cannot be the Disciplining Officer) this role will be undertaken by the Company’s HR Standards Committee who will have the right to be accompanied by a representative from the Company’s Employment Law Advisor along with the Clerk to the Board who
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will be in attendance purely in a note-taking capacity.
DISCIPLINARY ACTION Disciplinary action will fall into one of the following categories: Verbal Warning:
The employee will be advised that his or her standard of conduct or performance has been unacceptable. The required standard will be outlined and a monitoring procedure may be implemented. The warning and details of any monitoring procedure will be given verbally and subsequently confirmed in writing.
Written Warning:
The procedure followed will be the same as for a Verbal Warning.
Final Written Warning:
The procedure followed will be the same as above. On this occasion the employee will be advised, in writing, that a failure to improve the standard of conduct or performance will result in dismissal.
Action short of dismissal: At this final stage, the Company reserves the right, at its complete discretion and in appropriate circumstances, to take ‘action short of dismissal’ which may include demotion or transfer to a different post, loss of seniority or salary increment, suspension without pay, or other appropriate sanction. Dismissal:
A dismissal occurs when the Company terminates the contract of employment, either with or without notice.
Summary Dismissal:
Summary dismissal occurs when the employee has been found to have breached one of the Company’s rules of gross misconduct. In the circumstances of summary dismissal the employee is not entitled to notice, or pay in lieu of notice.
In all circumstances formal warnings will be recorded on an employee’s file and will, in most circumstances, be of the following duration: Verbal Warnings
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6 months
Written Warnings
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12 months
Final Written Warnings
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18 months
Employees should note that the Disciplining Officer will have absolute discretion as to the level of sanction to apply following a disciplinary meeting, but will generally follow (and not exceed) the information outlined above. This means that the Disciplining Officer may, if deemed appropriate, apply a more severe penalty even if it is a first offence, i.e. he or she is not bound to following the warnings process.
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In cases of dismissal due to instances of abuse of vulnerable adults or children, the Company will refer details of the circumstances and the employee to the appropriate authorities.
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THE RIGHT TO BE ACCOMPANIED Formal Meetings and Hearings Employees are entitled to be accompanied by a work colleague or trade union official at any formal disciplinary or grievance meetings or appeal hearings. An employee under the age of 18 may choose to be accompanied by a parent or legal guardian. An employee who wishes to take advantage of this right must notify the Company of the name and position of his or her chosen companion. The Company may refuse to allow the companion to attend the meeting or hearing if the Company considers there may be a conflict of interest. If so, the Company must allow the employee to choose a different companion The meeting or hearing may be delayed for up to five working days if the companion is not available to attend. Employees should note that meetings/hearings will not be significantly delayed in order to obtain the services of a specific Trade Union Officer or colleague. The companion is permitted to put and sum up the employee’s case, respond on behalf of the employee to views expressed in the hearing, ask questions and confer with the employee, but is not entitled to answer questions directly on the employee’s behalf.
Informal Investigations The Company will give employees the opportunity to bring a companion to informal investigations or investigatory meetings providing that obtaining such does not unduly hinder the process and/or prevent the meeting taking place. The companion may not play an active part in the investigation or meeting. In general, the companion will be a colleague or Trade Union representative" The Company may refuse permission for the companion to attend the informal investigation or investigatory meeting if the Company considers there may be a conflict of interest.
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CODE OF CONDUCT The Company’s Code of Conduct is set out below. It covers the main standards of behaviour the Company requires from employees. The Code includes the Company Rules, which employees need to follow, and examples of misconduct which the Company normally regards as gross misconduct. A breach of the Company Rules may result in disciplinary action. A single instance of gross misconduct may result in dismissal without notice. The Company Rules and the examples of gross misconduct are not exhaustive. All employees are under a duty to comply with the standards of behaviour and performance required by the Company and to behave in a reasonable manner at all times.
COMPANY RULES Attendance and Timekeeping Employees are required to comply with the rules relating to notification of absence set out in the Company’s Absence Procedure. Employees are required to arrive at work promptly, ready to start work at their contracted starting times. Employees are required to remain at work until their contracted finishing times. Employees must obtain management authorisation if for any reason they wish to arrive later or leave earlier than their agreed normal start and finish times. The Company reserves the right not to pay employees in respect of working time lost because of poor timekeeping. Persistent poor timekeeping may result in disciplinary action.
Standards and Conduct Employees are required to maintain satisfactory standards of performance at work. Employees are required to comply with all reasonable management instructions. Employees are required to co-operate fully with their colleagues and with management, and to ensure the maintenance of acceptable standards of politeness. Employees are required to take all necessary steps to safeguard the Company’s public image and preserve positive relationships with its customers, clients, stakeholders or members of the public.
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Employees are required to ensure that they behave in a way that does not constitute unlawful discrimination. Employees are required to comply with the Company’s operating policies and procedures. Personal mobile telephones must be switched off and stored in lockers at all times during normal working hours. Any queries received from the media must be referred immediately to the Chief Executive. Employees must not attempt to deal with queries themselves. In circumstances where a member of staff is dismissed for gross misconduct they will automatically be banned from the facility. The employee has the right to make representation to the Board for re-entry after a suitable period of time has elapsed.
Flexibility Employees may be required to work additional hours at short notice, in accordance with the needs of the business. Employees may be required from time to time to undertake duties outside their normal job remit. Employees may be required from time to time to work at locations other than their normal place of work.
Confidentiality Employees are required to keep confidential, both during their employment and at any time after its termination, all information gained in the course of their employment about the Company’s business and that of the Company’s clients or customers, except as required by law or in the proper course of their duties.
Outside activities and other employment Employees are not permitted to engage in any activity outside their employment with the Company which could reasonably be interpreted as competing with the Company. Employees are required to seek permission from management before taking on any other employment while employed by the Company. Permission will not be unreasonably withheld unless the other employment or activity has, or could be anticipated to have an adverse effect on the Company, its customers, or the employee’s ability to carry out his or her work, or if it would create a conflict of interests in relation to the employee’s responsibilities to the Company.
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Even where an employee is granted permission to undertake secondary employment, it is the employee’s responsibility to ensure that the European Working Time directive is followed accumulatively for both jobs. For example, rest periods, 11-hour rule etc.
Work Clothing Where work clothing or uniforms are provided by the Company or required on site, they must be worn at all times during working hours. Employees are responsible for ensuring that all items of work clothing or uniform are kept clean and maintained in reasonable condition at all times and returned to the Company on termination of their employment.
Health And Safety Employees are required to gain an understanding of the Company’s health and safety procedures, observe them, and ensure that safety equipment and clothing are always used. Employees must report all near misses and accidents, however small, as soon as possible, making an entry in the Company’s Accident Book.
Property and Equipment Except for use on authorised Company or client business, employees are not permitted to make use of the Company’s or its clients’ telephone, fax, postal or other services. Employees must not remove Company property or equipment from Company premises unless for use on authorised Company business or with the prior permission of management. Where intellectual property exists, i.e. where training has been offered to an individual specifically for Inverness Leisure, then this knowledge will effectively remain the property of the Company and cannot be used for any other purpose without the express permission of Management. Where an employee damages property belonging to the Company either through misuse or carelessness, the Company reserves the right to make a deduction from the employee’s pay in respect of the damaged property. On termination of their employment employees must return all Company property, such as keys, laptops, mobile telephones, Company vehicles, documents or any other items belonging to the Company. This list is not exhaustive.
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Personal Searches and Personal Property The Company may reasonably request to search employees’ clothing, personal baggage or vehicles if they have justifiable reason for doing so (amongst other things this could include allegations of theft, carrying of illegal substances etc.). An authorised member of management in the presence of an independent witness must conduct any such search. Should an employee refuse such a request, the Company will require the appropriate authorities to conduct the search on behalf of the Company. An employee’s failure to cooperate with the Company in this respect may be treated as gross misconduct. Employees are solely responsible for the safety of their personal possessions on Company premises and should ensure that their personal possessions are kept in a safe place at all times. Should an employee find an item of personal property on the premises (regardless of employee or customer status) he or she is required to inform management immediately.
Expenses Employees must seek authority from the budget holder before committing to any spend. The Company will normally reimburse employees in respect of any expenses wholly, necessarily and proportionately incurred in the course of their work against the relevant receipts. Employees must ensure that they have obtained authorisation from the budget holder prior to committing to any expense/spend. The Company reserves the right to refuse to pay an expense claim where the expenditure is unreasonable, disproportionate or unnecessary. Further information is available in the Expenses Policy.
Environment In order to provide a cost-effective service, employees are requested to use the Company’s equipment, materials and services wisely. Employees should try to reduce wastage and the subsequent impact on the environment by ensuring that they close windows, avoid using unnecessary lighting or heating or leaving taps running, switch off equipment when it is not in use and handle all materials with care. The Company has an active Green Team which is operated by Employees with full endorsed support and commitment from the Board and Management. Employees are actively encouraged to become involved in this group during their employment with the Company.
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Smoking In order to provide a working environment which is pleasant and healthy, smoking is not permitted outwith designated smoking areas, and is only permitted during normal break times. Further information is set out in the Company’s Smoking Policy.
Changes in Personal Details Employees must notify the Company of any change in personal details, including change of name, address, telephone number or next of kin. This will help the Company to maintain accurate personal details in compliance with the Data Protection Act 1998, and ensure it is able to contact the employee or another designated person in case of an emergency. Employees should note that their basic contact details will be retained on file for use by Supervisors and Management on a day-to-day basis in order to allow them to contact individuals regarding employment related matters such as shift cover, annual leave etc.
Union Membership: The Company supports the system of collective bargaining in every way, and believes in the principle of solving industrial problems by discussion and agreement. For practical purposes this can only be properly conducted by representatives of the employers and of the employees. If collective bargaining of this kind is to continue and improve for the benefit of both parties, it is essential that the employees’ organisations should be properly representative. The Company is associated with local authorities represented on the national councils dealing with local authorities’ services. It is equally appropriate for you, too, to be in membership of a trade union which can represent you on the appropriate negotiating body. Further details of the recognised trade unions of the appropriate negotiating body are available from senior management.
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Gross Misconduct Set out below are examples of behaviour which the Company treats as gross misconduct. Such behaviour may result in dismissal without notice. This list is not exhaustive. •
theft, dishonesty or fraud
•
deliberate recording of incorrect working hours
•
smoking out with designated areas
•
sleeping during working hours
•
assault, acts of violence or aggression or dangerous horseplay
•
unacceptable use of obscene or abusive language
•
possession or use of or being under the influence of non-medicinal drugs or alcohol on Company premises or during working hours
•
wilful damage to Company, employee or customer property
•
serious insubordination
•
serious or gross negligence
•
bringing the Company into disrepute
•
falsification of records or other Company documents, including those relating to obtaining employment
•
unlawful discrimination, including acts of indecency or harassment (please refer to the Equal Opportunities Policy set out in this Handbook).
•
Failure to declare a criminal conviction that would otherwise present on a Disclosure Scotland Check
•
refusal to carry out reasonable management instructions
•
gambling, bribery or corruption
•
serious breach of health and safety policies and procedures
•
breach of confidentiality, including the unauthorised disclosure of Company business to the media or any other party
•
unauthorised accessing or use of computer data
•
unauthorised copying of computer software
•
viewing or downloading of pornographic or other derogatory, defamatory, obscene or inappropriate material from the Company’s internet or e-mail facility.
Employees should fully understand that where a member of staff is dismissed for gross misconduct he or she will automatically be banned from the facility.
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PERFORMANCE MANAGEMENT PROCEDURE General The Company operates a performance management procedure which works in parallel with the disciplinary procedure. Clearly it is not always appropriate to label incapability and poor performance as misconduct warranting disciplinary action, though it may be so sometimes. However, the Company does need to be able to address performance inadequacy and deal with it effectively. The Company reserves the right not to follow the procedures set out below in respect of an employee with less than 24 months’ continuous service.
Formal Professional Qualifications Where an employee holds a formal professional qualification such as National Pool Lifeguard qualification, he or she is required to ensure they maintain a professional standard in order to allow them to undertake the roles and responsibilities required of their position. Where management deem that an employee has failed to maintain a standard which would have resulted in them failing any regular assessment/exam criteria they will be formally reassessed within a period of not more than 5 days (with support where available). If, after this period the employee is still unable to achieve a standard which would allow them to pass the standard exam/assessment, then the matter will be considered under the Company’s disciplinary procedures and which may result in the employee’s dismissal.
Informal Performance Management Procedure If the Company considers that an employee’s performance is unacceptable, the employee will be notified in writing of the Company’s concerns and / or complaints and the employee will be invited to attend an initial meeting with their line manager, to try to establish the reasons. The employee will be given the opportunity to respond to the complaints or concerns about their performance. The employee's line manager will investigate the cause of the employee's poor performance. Causes could include, for example, lack of skills, inadequate training, lack of support, tools or other resources, lack of communication or problematic working relationships.
The manager carrying out this initial counselling will provide the employee factual examples of their unsatisfactory performance and the employee will
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be asked for their explanation, which will subsequently be followed up and checked where appropriate. Where the reason for unsatisfactory performance is lack of the required skills, the employee will, where practicable, be assisted through training and be given reasonable time to reach the required standard of performance. If it is a question of lack of support employees, tools or other resources or facilities, attention should be paid to this and assistance provided if appropriate.
Formal Performance Management Procedure The Company will take steps to deal with the matter by way of formal performance or disciplinary warnings where: •
it is clear that the employee’s performance does not arise from any of the reasons stated above; or
•
the Company has taken appropriate steps to assist the employee to improve his or her poor performance and he or she has not improved to the required standard within the specified timescale.
The employee will be informed in writing of the concerns about his or her poor performance and will be invited to attend a disciplinary meeting to discuss this with the manager responsible for reviewing his or her performance. The manager will seek to identify the cause(s) of the poor performance and determine what, if any, remedial action can be taken. The employee will be given the opportunity to respond to the concerns and / or complaints. The employee must make all reasonable efforts to attend any disciplinary meeting. Where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause an employer can make a decision on the evidence available. If at the conclusion of the disciplinary meeting the manager believes that there is a shortfall in the employee’s performance which requires further attention from them, then the employee will be issued with a formal warning. Formal performance warnings will usually set out: •
the nature of the poor performance;
•
the level of improvement required;
•
the time limit for achieving the required improvement;
•
any interim review meeting to be held during the currency of the performance warning;
•
what will happen if the employee fails to achieve or maintain the required standard of improvement; and
•
how long the warning will remain active. This will normally be dependent on the circumstances and will be specified in the disciplinary warning
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letter.
Informal Warning The employee will be fully informed of: •
the precise nature of the poor performance;
•
the level of improvement required;
•
the time limit for achieving that improvement;
•
review periods during the currency of the warning;
•
the consequences of failure to achieve or maintain the improvement.
Formal Warnings The severity of the disciplinary action, if any, will be determined by the severity of the unsatisfactory performance. As the first step of corrective action following unsatisfactory performance the Company will normally impose a written warning. If the unsatisfactory performance continues, the Company may, having followed the Disciplinary Procedure in each instance, apply a final written warning and eventually dismiss the employee. For more severe case of unsatisfactory performance the Company may apply a final written warning if appropriate.
Written Warning If there is no improvement or insufficient improvement after an Informal Warning, or if improvement is not maintained for the period stated in the Informal Warning, the employee will be given a written warning setting out the details as outlined above.
Final Written warning If there is no improvement or insufficient improvement after a written warning, or if improvement is not maintained for the period stated in the written warning, the employee will be given a final written warning setting out the details as outlined above. The final written warning will include a statement that a failure to improve to the required standard is likely to result in dismissal.
Action short of Dismissal Action short of dismissal such as demotion or transfer to a different post can only be used in exceptional circumstances. This is because a demotion is equivalent in legal terms to a dismissal. An employer must be in a position to “fairly dismiss” an employee before a demotion can be imposed. However, there may be cases where an employee agrees to a change of duties including a demotion and a reduction in salary/benefits commensurate with a revised
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role as an acceptable outcome of a formal performance management procedure. Employers should proceed with caution in such circumstances and seek advice from the 24 hour Telephone Advice Service.
Dismissal If there is still no improvement or insufficient improvement after a final written warning, or if improvement has not been maintained for the period stated above, the employee will normally be dismissed with notice or pay in lieu. Alternatively, at the Company's entire discretion, alternative work elsewhere in the organisation may be offered to the employee if any suitable posts are available. As previously stated in this Handbook, employees should note that the Disciplining Officer will have absolute discretion as to the level of penalty which should be applied following a disciplinary meeting, but will generally follow (and not exceed) the information outlined above. This means that the Disciplining Officer can, if deemed appropriate, apply a more severe penalty even if it is a first offence - i.e. he or she is not bound to following the pathway outlined in this section.
Right to be Accompanied Employees have the right to be accompanied at each meeting by a work colleague or trade union representative. Further detail is provided in the Right to be Accompanied policy.
Appeals Employees have same rights of appeal at each stage of the procedure as detailed in the Disciplinary and Dismissal Appeals Procedure. The Company reserves the right to implement the procedure at any stage should the outcome of the initial review meeting suggest the performance failing warrants it.
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DISCIPLINARY AND DISMISSAL APPEALS Employees who have completed at least 24 months’ service have the right to appeal against any disciplinary action taken against them. In the event of dismissal, all employees have the right to appeal. All appeals must be made in writing no later than the end of the fifth working day after the employee has been notified in writing of the disciplinary decision or dismissal. The first of these five working days is the day on which the employee received written confirmation of the Company’s decision. This notification will either be hand-delivered or sent by Royal Mail. The date of actual or anticipated receipt will be taken as Day 1 of the process. The employee should submit the written appeal to the Chief Executive, or, in the case of an appeal relating to a decision made by the Chief Executive, to the Company Secretary – to be considered by the Appeals Committee. The Company will arrange and hold an appeal meeting as quickly as possible. The employee will be entitled to attend the appeal meeting and will be given an opportunity to state his or her case. The employee must take all reasonable steps to attend this meeting. The Company will inform the employee in writing of its decision in response to the employee’s appeal within a reasonable time taking into account the complexity of the issues raised in the appeal. The employee should note that as the Appeal will effectively re-hear the case as put forward at the original disciplinary meeting, the Appeals Officer/Panel have the right as follows: • • •
To completely uphold the decision taken at the Disciplinary Meeting; To partially uphold the decision taken at the Disciplinary Meeting; To implement a new penalty to the original decision at the Disciplinary Meeting, and which could include: o Over-turning the decision completely o Reducing to a lesser sanction; or o Increasing to a more serious sanction.
The decision at this stage will be final. All meetings provided for in this Procedure will be arranged as quickly as possible. The purpose of this Procedure is to resolve at the earliest opportunity any issues raised. While the Company will make every effort to settle issues within the time limits indicated, this may not be possible on occasions. In these circumstances an extension of time may be necessary. At all stages of the Procedure an employee is entitled to be accompanied by a fellow employee or a trade union official.
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GRIEVANCE PROCEDURE Informal Grievances If an employee has a grievance relating to any aspect of his or her employment the Company encourages the employee to try to settle the grievance informally by raising it with his or her line manager. If the employee does not wish to raise the matter informally or if a grievance raised informally has not been resolved, the employee may wish to take the matter further by raising a formal grievance.
Formal Grievance Procedure The employee must set out the grievance and the basis for it in writing and submit it to his or her immediate line manager. If the employee’s grievance is against his or her manager, the employee should approach another manager (this would ideally be the next most Senior Manager available wherever possible). The manager will invite the employee to a meeting to discuss the grievance, normally within five days. The employee must take all reasonable steps to attend this meeting. The manager will investigate the grievance, during which the person against whom the grievance is raised will have the opportunity to put across their position. The Company will normally inform the employee in writing of its decision in response to the grievance within three working days of the meeting. The employee will have the right to appeal this decision. The Manager should inform the person against which the grievance has been taken as soon as reasonably possible outlining the allegations against them. This may involve the Line Manager deciding to suspend where it is considered that the allegations potentially involve bullying and harassment.
Grievance Appeal Procedure All appeals must be made in writing no later than the end of the fifth working day after the Company’s decision was notified in writing to the employee. The first of these five working days is the day on which the employee received written confirmation of the Company’s decision. This notification will either be hand-delivered or sent by Royal Mail. The date of actual or anticipated receipt will be taken as Day 1 of the process. The employee should submit the written appeal to the next level of management.
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The Company will arrange and hold an appeal meeting as quickly as possible, normally within five days. The employee will be entitled to attend the appeal meeting and will be given an opportunity to state his or her case. The employee must take all reasonable steps to attend this meeting. The Company will normally inform the employee in writing of its decision in response to the employee’s appeal within five working days of the meeting. The decision at this stage will be final. All meetings provided for in this Procedure will be arranged as quickly as possible. The purpose of this Procedure is to resolve at the earliest opportunity any issues raised. While the Company will make every effort to settle issues within the time limits indicated, this may not be possible on occasions. In these circumstances an extension of time may be arranged. At all stages of the Procedure all employees involved in the process are entitled to be accompanied by a fellow employee or a trade union official. It should be noted that any grievance involves at least two parties. For this reason, the Company will do all that it can to ensure all parties are kept fully informed throughout of the processes involved.
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OPERATIONAL POLICIES AND PROCEDURES • Equal Opportunities and Diversity Policy • Absence Procedure and Rules • Office and Mobile Telephones • Social Media Sites and Blogs • Expenses Policy • Alcohol and Drugs Policy • Business Gifts • Computers, E-mail and the Internet Policy • Disclosures and Disclosure Information Policy • Protection of Vulnerable Groups Policy • Public Interest Disclosure Policy (Whistleblowing) • Data Protection • Monitoring Policy • Dress and Appearance Policy • Performance Appraisals and Sample Form • Violence at Work and Incident Report Form • Stress at Work • No Smoking Policy • Training Policy • Sample Training Cost Agreement • Redundancy, Short Time Working and Lay Off Policy
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EQUAL OPPORTUNITIES AND DIVERSITY POLICY The Company is committed to providing a working environment in which employees are able to realise their full potential and to contribute to its business success irrespective of their gender, race, disability, sexual orientation, marital status, part time status, age, religion or belief. The Company values the differences that a diverse workforce brings. This is a key employment value to which all employees are expected to give their support. The Company is committed to identifying and eliminating unlawful discriminatory practices, procedures and attitudes throughout the Company. The Company expects employees to support this commitment and to assist in its realisation in all possible ways. Specifically, the Company aims to ensure that no employee or candidate is subject to unlawful discrimination, either directly or indirectly, on the grounds of gender, race (including colour, nationality or ethnic origin), disability, sexual orientation, marital status, part time status, age, religion or belief. This commitment applies to all aspects of employment, including: • recruitment and selection, including advertisements, job descriptions, interview and selection procedures; • training; • promotion and career development opportunities; • terms and conditions of employment, and access to employment related benefits and facilities; • grievance handling and the application of disciplinary procedures; and • selection for redundancy. Equal opportunities practice is developing constantly as social attitudes and legislation change. The Company will keep its policies under review and will implement changes where these could improve equality of opportunity. This commitment applies to all the Company’s employment policies and procedures, not just those specifically connected with equal opportunities and diversity.
Harassment Harassment is physical, verbal or non-verbal behaviour which is unwanted and personally offensive to the recipient, and which causes the recipient to feel threatened, humiliated, intimidated, patronised, denigrated, bullied, distressed or harassed. It does not simply depend on the intention of the offender, but also the impact of their behaviour on the victim. The following are samples of issues which may constitute harassment or bullying:
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•
physical – from inappropriate touching up to serious assault;
•
verbal and written – offensive language, jokes, slander, malicious gossip
•
visual – posters, graffiti, gestures
•
isolation or refusing to co-operate – exclusion from social activities
•
coercion – pressure for sexual favours, or to join a political group, or any other inappropriate pressure;
•
cyber-bullying;
•
intrusion – pestering, spying on, following;
•
victimisation – for making a claim of being harassed or being passed over for promotion.
Employees should clearly understand that this list is not exhaustive. It is important that employees understand that all instances of harassment will be dealt with carefully by the Company. Harassment can bring about higher level of absences and staff turnover, the victim suffering stress and anxiety, and an overall lowering of staff morale. The way in which Complaints of Unlawful Discrimination and Harassment will be handled Discrimination and harassment are often complex matters, and there is no single way of dealing with every suspected or alleged instance. In some cases employees may be able to deal satisfactorily with an issue by raising it with their immediate manager. If an employee wishes to make a formal complaint he or she should use the Company’s Grievance Procedure which is set out in the Employee Handbook. The Company will treat seriously all allegations of unlawful discrimination or harassment. If an Employee is Accused of Unlawful Discrimination or Harassment If an employee is accused of unlawful discrimination or harassment, the Company will investigate the matter fully. In the course of the investigation the employee will be given the opportunity to respond to the allegation and provide an explanation of his or her actions. If the Company concludes that no unlawful discrimination or harassment has occurred, this will be the end of the matter. If the Company concludes that the claim is false or malicious the complainant
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may be subject to disciplinary action. If on the other hand the Company concludes that the employee’s actions amount to unlawful discrimination or harassment he or she may be subject to disciplinary action, up to and including summary dismissal for gross misconduct.
Monitoring The Company will not tolerate unlawful discrimination or harassment of any kind in the working environment and will take positive action to prevent its occurrence. In this connection the Company will monitor its policies and will implement changes in order to improve them as social attitudes and legislation change. This commitment applies to all the Company’s employment policies and procedures, not just those specifically concerned with equal opportunities and diversity. The Company carries out annual Employee Surveys and which is subsequently fed back to all employees regarding the outcome of the surveys by way of presentation from a member of the Senior Management Team. Where an employee resigns, he or she will be given full opportunity to participate in an “Exit Interview”. This will generally be undertaken by a member of the management team – but not the employee’s Line Manager. The employee will be asked to answer openly and honestly, but will not be compelled to answer every question. The information received from exit interviews will not be generally available out with the Senior Management Team.
Employment and Training As an employer, the Company will treat all employees and job candidates equally and fairly and not discriminate unjustifiably against them. This will, for example, include arrangements for recruitment and selection, terms and conditions of employment, access to training opportunities, access to promotion and transfers, grievance and disciplinary processes, demotions, selection for redundancies, dress code, references, bonus schemes, work allocation and any other employment-related activities.
Recruitment and Selection
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The Company recognises the benefits of having a diverse workforce and will take steps to ensure that: •
it endeavours to recruit from the widest pool of qualified candidates possible;
•
employment opportunities are open and accessible to all on the basis of their individual qualities and personal merit;
•
where appropriate, positive action measures are taken to attract applications from all sections of society and especially from those groups which are underrepresented in the workforce;
•
selection criteria and processes do not discriminate unjustifiably on the grounds of gender, race (including colour, nationality or ethnic origin), disability, sexual orientation, marital status, part time status, age, religion or belief, other than in those instances where the Company is exercising lawfully permitted positive action;
•
wherever appropriate and necessary, lawful exemptions (Genuine Occupational Requirements) will be used to recruit suitable employees to meet the special needs of particular groups; and
•
all recruitment agencies acting for the Company are aware of its requirement not to discriminate and to act accordingly.
“Double tick” initiative Inverness Leisure is a user of the Disability Symbol. This means that as a Company it is committed to: •
Interview all applicants with a disability who meet the minimum criteria for a job vacancy and consider them on their abilities;
•
Ensuring there is a mechanism in place to discuss, at any time, but at least once a year, with disabled employees what can be done to make sure they can develop and use their abilities;
•
Making sure that if during their employment an employee becomes disabled that they will stay in employment;
•
Taking appropriate action to train all employees on disability awareness to make sure these commitments work;
•
Each year review the five commitments and what has been achieved, to plan for the future and let employees know about this.
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Recruitment of Ex-offenders •
As an organisation using the Disclosure Scotland service to assess candidates’ suitability for positions of trust, the Company complies fully with the Disclosure Scotland Code of Practice and undertakes to treat all candidates fairly. The Company undertakes not to discriminate unlawfully against any candidate who is required to provide information through this process.
•
The Company actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcomes applications from a wide range of candidates, including those with criminal records. The Company selects all candidates for interview on the basis of their skills, qualifications and experience. A Disclosure should only be requested after a thorough assessment has indicated that this is both proportionate and relevant to the position concerned. PVG Scheme Membership will only be required where an individual will be undertaking regulated work. Where a Disclosure or PVG Scheme Membership is required as part of the recruitment process, all application forms, job advertisements and recruitment briefs will contain a statement that a Disclosure, or PVG Scheme Record, will be requested in the event of the candidate being offered the position. Where a Disclosure or PVG Scheme Membership is required as part of the recruitment process, the Company requires all applicants to include details of any criminal record on their application form. The Company guarantees that only those who need to see it as part of the recruitment process will see this information. A candidate’s failure to reveal information directly relevant to the job could result in withdrawal of an offer of employment. Unless the nature of the position is such that the Company may ask questions about an individual’s entire criminal record, the Company will only ask about "unspent" convictions as defined in the Rehabilitation of Offenders Act 1974. The Company will ensure that all individuals involved in the recruitment process receive appropriate guidance and training in the legislation relating to the employment of ex-offenders, e.g., the Rehabilitation of Offenders Act 1974. The Company will ensure that it discusses with the candidate the relevance of any offence(s), detailed in the application form or revealed in a Disclosure or PVG Scheme Record, with the candidate before withdrawing the offer of employment.
•
•
•
•
•
• •
•
All positions within the Company require to be disclosure checked. The Company will ensure that it makes any candidate who is subject to Disclosure or verification of PVG Scheme Membership aware of the Disclosure Scotland Code of Practice and will provide a copy of the Code on request. Having a criminal record will not necessarily prevent the candidate from working with the Company. Whether or not it does will depend on the nature of the position and the circumstances and background of the
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offences. However, a barred individual is not permitted to work in regulated work.
Conditions of Service The Company will treat all employees equally and create a working environment which is free from discrimination and harassment and which respects, where appropriate, the diverse backgrounds and beliefs of employees. Terms and conditions of service for employees will comply with U.K. equal opportunities legislation. The provision of benefits such as working hours, maternity and other leave arrangements, performance appraisal systems, bonus schemes and any other conditions of employment will not discriminate unlawfully against any employee on the grounds of their gender, race (including colour, nationality or ethnic origin), disability, sexual orientation, marital status, part time status, age, religion or belief. Where appropriate and necessary, the Company will endeavour to provide appropriate facilities and conditions of service which take into account the specific needs of employees which arise from their gender, ethnic or cultural background, nationality, responsibilities as parents or carers, disability, sexual orientation, marital status, part time status, age, religion or belief.
Promotion and Career Development Promotion within the Company will be made without reference to any of the forbidden grounds and will be based solely on merit. The selection criteria and processes for recruitment and promotion will be kept under review to ensure that there is no unjustifiably discriminatory impact on any particular group. Whilst positive action measures may be taken in accordance with the relevant equal opportunities legislation to encourage underrepresented groups to apply for promotion opportunities, recruitment or promotion to all jobs will be based solely on merit. All employees will have equal access to training and other career development opportunities appropriate to their experience and abilities. However, the Company will take appropriate positive action measures (as permitted by the equal opportunities legislation) to provide special training and support for groups which are underrepresented in the workforce and encourage them to take up training and career development opportunities.
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Promoting Equality and Diversity This Company is committed to promoting equality and diversity in the Company as well as in those areas in which it has influence. Employees will be trained on this Equal Opportunities and Diversity Policy and will be provided with equality and diversity training appropriate to their needs and responsibilities. All those who act on the Company’s behalf will be trained on the Company’s Equal Opportunities and Diversity Policy and will be expected to pay due regard to it when conducting business on the Company’s behalf. In all its dealings, including those with clients, customers, suppliers, contractors recruitment agencies and the public, the Company will seek to promote the principles of equality and diversity. The Company will make every effort to reflect its commitment to equality and diversity in its marketing and communication activities.
Implementing the Policy Responsibility Ultimate responsibility for implementing the policy rests with the Trustees of the Company. The Head of Finance & Administration will be responsible for the operation of the policy. All employees of the Company are expected to pay due regard to the provisions of the Equal Opportunities and Diversity Policy and are responsible for ensuring compliance with it when undertaking their jobs or representing the Company. Acts of discrimination or harassment by employees of the Company will result in disciplinary action. Failure to comply with this policy will be treated in a similar fashion.
Complaints of Discrimination The Company will treat seriously, and will take action where appropriate concerning, all complaints of discrimination or harassment on any of the forbidden grounds made by employees, clients, customers, suppliers, contractors or other third parties. All complaints will be investigated in accordance with the Company’s grievance or complaints procedure, as appropriate, and the complainant will be informed of the outcome.
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ABSENCE PROCEDURE AND RULES General Employees must ensure that any time off (other than in the case of sickness) is authorised in advance by their line manager. Employees should complete an Absence Form on their first day back at work.
Medical and Dental Appointments Employees are requested to arrange any non-emergency medical or dental appointments outside working hours. Alternatively, employees can seek authorisation to alter/swap a shift in order to allow them to attend a medical appointment. Where this is not possible, employees must obtain permission from management before taking any time off and appointments should be arranged for prior to the start or after the end of shifts to minimise any disruption to the Company.
Absence Due to Sickness Employees are required to notify the Company as soon as possible of their sickness absence and the reasons for it. They should do this personally at the earliest opportunity, preferably by 5.00 p.m. of the previous day, to their line manager or a Supervisor. The Company will not accept texts or messages of any kind left with an inappropriate person or on an answering machine as being appropriate forms of notification. It is essential that employees keep the Company updated on the circumstances of the absence on a daily basis, of its estimated duration, and if the employee’s condition has improved or deteriorated. Where an employee considers that he or she has recovered sufficiently to allow the employee to return to work, the employee should notify his or her line manager by no later than 5.00 p.m. on the day prior to the return to work. Where the absence lasts for seven calendar days or fewer, the employee must complete an Absence Form immediately upon return to work. The Company provides employees with its own Absence Form, which will be issued to the employee by his or her Supervisor or line manager. Where an employee’s absence lasts more than seven calendar days a Fit for Work Certificate completed by a medical practitioner must be forwarded to management to cover the absence. The employee is required to complete an Absence Form on the first day back at work. Every employee who has been absent (other than those authorised in advance) will be interviewed by management immediately upon return to work. The reasons for the employee’s absence will be discussed and the completed Absence Form will be considered.
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Management must decide whether to authorise the absence or not. The onus is on the employee to satisfy management that there was a genuine medical reason for the absence. The Company will monitor each employee’s attendance at work so that any unacceptable levels of absenteeism may be addressed. Where an employee has been found to have incurred a period of unauthorised absence, notification will be issued to the Section Head. The Section Head will consider the matter carefully and may require management to instigate investigation procedures as detailed in the Disciplinary Procedures.
Access to Medical Reports From time to time it may be necessary for the Company to obtain a medical report from an employee’s doctor in order to gather further information about the employee’s medical condition and its probable effect on the employee’s future attendance at work or the ability to do his or her job. Employees have certain rights under the Access to Medical Reports Act 1988. Should the Company find it necessary to obtain a medical report concerning an employee’s fitness for work or any other relevant matter the employee will be asked for his or her written consent. At the time of the request for consent the employee will be advised of his or her rights under the Act. Statutory Rights to Time Off Employees have the right to request time off work in the following circumstances: Time off to Receive Antenatal care Pregnant employees are entitled to take reasonable time off with pay during working hours to receive antenatal care. The Company may require an employee who wishes to take time off for this purpose to provide medical certification of her pregnancy and an appointment card, with the exception of the first appointment. Family Friendly Leave This includes maternity, paternity, adoption and parental leave and time off for dependants, details of which are set out in the relevant sections of this Handbook.
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Time off for Public Duties An employee is entitled to ask for time off work for specified 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: •
Justice of the Peace;
•
members of a local authority, e.g., local councillors;
•
members of a statutory tribunal;
•
members of a police authority;
•
Prison visitors;
•
members of health bodies, e.g., NHS trusts, health authorities, etc.;
•
members of education bodies, e.g., managing or governing bodies of local authority educational establishments, grant maintained schools, etc.; and
•
members of the Environmental Agency or the Scottish Environmental Protection Agency.
Time off in Redundancy Situations Employees under notice of dismissal for redundancy and who will have at least two years’ service on the date that notice expires, are entitled to a reasonable amount of paid time off to look for other work or to make arrangements for their retraining.
Time off to carry out Trade Union Duties An employee who is a trade union official, a shop steward or trade union representative elected in accordance with the rules of the trade union, and who is concerned with employee relations at work, has the right to request reasonable time off with pay during working hours to carry out trade union duties and to undergo relevant training. This provision applies only to independent trade unions recognised by the employer for collective bargaining purposes or, in Northern Ireland, trade unions which are the subject of an operative Labour Relations Agency recommendation for recognition. In general, the amount of paid time off permitted by the Company to which the Union is entitled to will be up to 6 days for training and up to a further 37 hours per annum (i.e. the equivalent of 1 full week’s paid time off) to undertake all other Union Duties. This applies to part-time employees on a pro-rata basis.
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Time off to take part in Trade Union Activities An employee has the right to request a reasonable amount of time off without pay to take part in the activities of his or her trade union. The provisions only apply to independent trade unions recognised by the employer for collective bargaining purposes or, in Northern Ireland, trade unions which are the subject of an operative Labour Relations Agency recommendation for recognition. The amount of time off to which the employee is entitled is that which is reasonable in all the circumstances.
Time off for Safety Representatives Under the Health and Safety at Work Act 1974 a recognised trade union may appoint, or employees may elect, safety representatives from among the employees. These representatives are entitled to carry out relevant activities during what would otherwise be normal working hours.
Other Authorised Time Off With the exception of serious illness or bereavement leave, all requests for time off in the following circumstances must be requested in writing, on the appropriate form, and must allow a minimum of seven days’ notice. The employee’s line manager may give interim approval, however final approval may only be granted by the Chief Executive or, in the absence of the Chief Executive, the person appointed by the Chief Executive for this purpose.
Jury Service Employees are entitled to time off work for jury service. Employees should notify management immediately on receipt of the jury summons, giving full details. Employees are advised to claim the expenses to which they are entitled from the Court. These will normally include compensation for loss of earnings. Where a member of staff is on jury service and the level of loss of earnings compensation is lower than their normal daily salary, the Company will effectively ‘top up’ the recognised amount to ensure there is no loss of salary as a result of undertaking jury service. The employee will be required to produce evidence of the amounts which have been paid by the courts in order for any top-up amounts to be added to their salary, otherwise their salary will not be paid for any days absent.
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Military Reservists The Company permits those employees who serve in the Reserve Forces to take a portion of their annual holiday entitlement in order to attend an annual training camp or course of up to two weeks. In the event that such camp or course exceeds two weeks, any extra period may be permitted to be taken as unpaid leave provided that prior authorisation from the Chief Executive is obtained. It is essential, however, in order to comply with Health and Safety requirements that those employees ensure that they take a minimum of four weeks (20 days) of annual holiday entitlement as appropriate rest breaks. Whilst the Company is fully committed to giving whatever support is necessary to the Reserve Forces, consideration must also be given to the operational needs of the business. The Chief Executive reserves the right to withdraw approval for an employee to attend such training camps or courses where the overall needs of the Company so require. This ruling will not apply to any situation where an employee is part of a compulsory mobilisation. In circumstances where an employee is part of a compulsory mobilisation, the Company will ensure that the employee is able to return to the same position, or a position which is commensurate with his or her position in respect of terms, conditions and status.
Time off for Religious Observance Employees should make any requests for time off for religious observance to their line manager as early as possible. Although employees have no legal or contractual right to religious leave or time off to pray, the Company will consider all such requests sympathetically. Time off for religious observance must be taken from the employee’s rest periods or annual holiday entitlement. Alternatively, at the Company’s discretion, the employee may work additional hours in lieu of the time taken off. If the employee wishes to take the time off as annual holiday, he or she should make the request in accordance with the Company’s annual holiday procedures. For the avoidance of doubt, the Company’s rules relating to annual holiday will apply.
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Serious Illness or Bereavement Leave The Company operates a Compassionate Leave Scheme whereby employees may have leave with pay following the death or the serious illness of an immediate or close relative. The granting of any such leave is at the discretion of the Chief Executive, or his or her nominated depute. Employees will be permitted the following leave (taken consecutively): Immediate Relatives:
Spouse, parent or child, partner,
up to 5 days
Close Relatives:
Cousin, aunt, uncle, niece, nephew, up to 1 day Brother/sister-in-law
Grandparent, parent-in-law, sibling up to 3 days
Employees may make a request for additional compassionate leave or for leave to attend a funeral for someone who is not covered in the above, and this may be unpaid, or may be taken from the individual’s annual holiday entitlement. The granting of any such request will be dependent on the needs of the sector in which the employee works and the overall needs of the business. For clarification purposes, the Company defines ‘serious illness’ as an incapacitating illness which has been diagnosed as being terminal and that it is unlikely that the person will survive. Where the diagnosis of serious illness (as defined above) relates to the employee, the Company will offer a period of 5 days compassionate leave for the individual to utilise the time for themselves. This Scheme is in addition to an employee’s entitlement to take reasonable unpaid time off following the death of a dependant further details of which are contained in the Time Off For Dependants Policy.
Longer Term Unpaid Leave of Absence The Company may grant unpaid leave of absence at its discretion and on a case by case basis. All requests should be made in writing well in advance to management and must set out the details of the request and the reason. Employees are not permitted to take unpaid leave of absence without prior management permission except in cases of emergency. Where an employee wishes to take a period of unpaid absence of more than three days’ duration, the employee should submit the request in writing to the Chief Executive, who will consider the request carefully and with compassion. Any decision will only be made once all of the factors relevant at the time have been carefully considered. Notification of the Chief Executive’s, or his nominated deputy’s decision will be issued in writing to the employee as soon as possible, and, where unpaid leave has been granted, the amount thereof.
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Study Leave For all courses undertaken at the employee’s own volition, the Company may, at the discretion of the Chief Executive, allow an employee unpaid leave of absence on the provision by the employee of details of the course and written evidence of the date and time of the exam. The amount of leave which may be permitted is as follows: 1. One day or one half day on which the examination falls. 2. Some additional unpaid leave to study for the exam may be granted.
Extended Leave or Sabbaticals The Company does not offer automatic entitlement to such leave however the Company will happily discuss such a request with an employee, and endeavour to reach a mutually acceptable arrangement. The granting of any such leave will be entirely at the discretion of the Chief Executive, and will also be dependent on the ease with which a suitable substitute for the employee may be found, as well as the employee’s previous attendance levels and performance within the Company.
I.V.F. Treatment Employees are permitted up to three working days in any twelve month period of paid leave to take part in any IVF Treatment session or appointments associated with either the employee’s or the employee’s partner’s IVF Treatment. The Chief Executive may exercise his discretion to grant a further three working days (paid, unpaid or whether it should be taken as annual leave). From the first day paid leave is used, a period of 24 months should elapse before any employee can apply for further paid leave for any sessions or appointments associated with their own or their partner’s IVF treatment.
Inclement Weather The Company is concerned to ensure the safety of all its employees and recognises the weather conditions associated with some rural areas around the Company premises. In periods of inclement weather the Company will closely monitor weather conditions which may affect employees and take advice from the local police, MET Office or motoring organisations. Should weather conditions deteriorate, while employees are at work, to the extent that it is considered unsafe to keep employees within the workplace, then the management team will decide whether or not to operate an early closure. Where the Manager / Supervisor takes a decision to close the facilities,
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it will normally be done in a phased manner, i.e. with those living furthest away being relieved of their duties first. Should early closure occur, employees will be notified immediately by their manager/supervisor, and each employee will be paid as per their normal pay for the day/night. Employees not at work during inclement weather conditions should call the main switchboard to find out if a decision has been made to close the Leisure Centre. Should this occur employees will be paid their normal rate of pay for the day/night. In some instances some employees may wish to depart early if it is considered that they may experience some travel problems. In these circumstances, the employees concerned must seek prior approval from their line manager. Employees permitted to leave early in those circumstances will be paid until their normal finish time, however he or she will be required to make up the lost time at a later date mutually agreeable to the Company. If the employee has not made been able to make up the time at a mutually agreeable time, then the employee will be required to take the hours from his or her annual leave entitlement or seek an authorised absence for the time (i.e. unpaid). Employees who leave early without prior authorisation from their line manager will be deemed to have taken unauthorised time off, and disciplinary action will follow.
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OFFICE AND MOBILE TELEPHONES General Company telephones are provided for business purposes. The Company reserves the right to deduct the cost of personal telephone calls made by employees on Company office or mobile telephones from an employee’s pay. Employees who are in possession of Company mobile phones will be permitted to make use of the mobile phone for personal calls in certain circumstances which may include: •
A personal emergency;
•
A vehicle breakdown;
•
Being held up on business (i.e. your day is unexpectedly extended) and you need to notify your family;
In all circumstances, the employee involved can be asked to provide details of the reasons why a Company mobile phone had to be used for personal reasons.
Company Mobile Telephones The Company will meet rental and standard call costs in respect of business calls. It is a criminal offence to drive (or have another person drive) a motor vehicle while using a ‘hand held’ mobile telephone. For the purposes of the legislation, ‘driving’ will include sitting in a stationary vehicle with the engine running and a ‘hand held’ mobile telephone will include any ‘hands free’ mobile telephone if it is held at any point during the call. Using a ‘hands free’ mobile phone while it is in its holder will not be an offence. Even a hands free phone can cause distraction and it should not be used for making calls while driving. Employees who wish to make a call while driving should only use the telephone once the vehicle has been parked in a safe place and the engine has been switched off. It is also preferable not to use a hands free telephone for taking calls if at all possible. In circumstances where employees must take a call they should say they are driving and end the call quickly. Where a hands free telephone is used to take a call whilst driving the telephone must remain in its holder at all times and must not be ‘held’ at any point during a call.
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Text Messaging on Company Mobile Telephones The content of text messages must comply with the standards required of any other form of written communication and be consistent with best Company practice. Messages should be concise and directed only to those individuals with a need to know. Abuse of the text messaging facility is a disciplinary offence and may result in disciplinary action. The transmission of any material which in the opinion of the Company is: •
defamatory;
•
offensive or obscene;
•
untrue or malicious;
•
of a political nature; or
•
in breach of copyright
will constitute gross misconduct and may result in summary dismissal. If employees receive inappropriate text messages, they must notify their line manager immediately.
Personal Mobile Telephones Employees must ensure personal mobile telephones are switched off and stored away securely at all times during working hours. The Company will make available a telephone for employees’ use in the event that they need to make or receive emergency telephone calls. In certain circumstances, and by prior approval, an employee may be permitted to carry their personal mobile phone with them during working hours.
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EXPENSES POLICY Employees should ensure that they obtain permission from the Budget holder of their department prior to committing to any expenditure. The Company will normally reimburse employees in respect of any expenses wholly, necessarily and proportionately incurred in the course of their work. The Company reserves the right to refuse to pay any expense claim where the expenditure is unreasonable or unnecessary. Claimants must submit supporting receipts for expenses and should expect to have their claim scrutinised and assessed prior to reimbursement and they must also be willing to explain any expenses being claimed. In normal circumstances where a journey is likely to be more than 100 miles then public transport should be used. However or agreement is reached with the claimants line manger that public transport is now suitable then the Company will arrange for a suitable vehicle to be hired with all associated costs (excluding fines and/or penalties) will be prepaid or placed on account by the Company. Where a mileage claim is submitted, it must be supported by a completed Business Mileage Record form giving full details of the journey(s) involved along with details of the vehicle that was used. (NB - claimants must have business use included in their personal motor vehicle insurance for any payments to be made.) Any special ad-hoc arrangements made to suit particular circumstances will not be considered to set any form of precedent. Expenses categories and what will be covered: Cars:
Mileage at the current HMRC rate(s); All necessary parking costs; Where a car is hired the cost of hire, insurance and fuel will be covered.
Trains:
General standard class travel; 1st Class travel is permitted where the ticket is cheaper than standard class. Tickets should be booked as well in advance as possible to ensure the cheapest tickets and deals.
Flights:
Where necessary while on authorised business; These should be booked as well in advance as possible to ensure the cheapest tickets and deals.
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Accommodation:
Hotel, B&B, Guesthouse – cost of room and breakfast; Friend/family member - £25 allowance per night paid in advance.
Meals:
Whenever necessary and reasonable while on authorised business. (NB – alcoholic drinks will not be reimbursed).
Associates are required to use the most cost effective accommodation, transport method and routes in conducting business. All car-hires, tickets and accommodation will be booked by the Assistant to the Senior Management on the authority of a Head of Service. In addition, all Company business should be conducted in as environmentally neutral position as possible, i.e. hire cars should be diesel and/or have low emission ratings etc. However, it is important to understand that environmental and cost-effectiveness factors are considered.
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ALCOHOL AND DRUGS POLICY The Company endeavours to ensure that employees use of either alcohol or drugs does not impair the safe and efficient running of the Company or the health of its employees. It is the responsibility of every employer to make clear to its employees exactly what constitutes a drinking or drug offence within their organisation and as such the Company fully intend to address this serious issue within this policy.
Establishing the Problem Supervisors and managers should be aware that the misuse of drugs or alcohol by employees may come to light in various ways. The following characteristics, especially when arising in combinations, may indicate the presence of an alcohol or drug-related problem. Absenteeism • Instances of unauthorised leave • Frequent Friday and/or Monday absences • Weekend shifts • Leaving work early • Lateness (especially on returning from lunch) • Excessive level of sickness absence • Strange and increasingly suspicious reasons for absence • Unusually high level of absence in respect of colds, flu, stomach upsets • Unscheduled short-term absences, with or without explanation High Accident Level • At work • Elsewhere i.e. driving, at home Work Performance • Difficulty in concentration • Work requires increased effort • Individual tasks take more time • Problems with remembering instructions or own mistakes Mood Swings • Irritability • Depression • General confusion
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Misconduct An employee’s alcohol or drug problem may come to light as a mitigating factor in a disciplinary interview. It should be treated as a mitigating factor for certain ‘less serious’ disciplinary offences, such as poor timekeeping or lateness, provided the person is prepared to undergo treatment.
Self-referral In some instances, employees may seek help and advice themselves. Intervention Members of the Senior Management Team who feel an employee’s unsatisfactory performance may be drug or alcohol-related should arrange to hold a meeting with the employee. Should an employee be subject to disciplinary action and subsequently make a disclosure during this process that he or she is suffering from an addiction to either alcohol or drugs, the disciplinary panel may suspend any disciplinary action provided the employee agrees to undertake a rehabilitation programme.
Treatment Where employees acknowledge that they have a drug or alcohol problem and are given help and treatment, this will be on the understanding that: • They will fulfil the obligations of the treatment arranged by the Company. • Where necessary, while undergoing treatment, they will be on sick leave and will be entitled to sick pay, where applicable. • Paid time off will be granted in order to attend out-patient clinics, counselling etc. Proof of appointments and attendance by the employee are required to be shown to the employee’s line manager. • In the event of in-patient treatment being necessary for a prolonged period, they will be on sick leave and will be entitled to sick pay, where applicable. • Support and assistance will normally be given for a period of three months, however this time limit may be extended for a further three month period provided the Chief Executive is satisfied that this extension will be of benefit both to the employee and to the Company. In the event that a return to work would jeopardise either a satisfactory level of job performance or the employee’s recovery, the manager will review the full circumstances of the case and agree a course of action to be taken. This may include the offer of suitable alternative employment, the consideration of retirement on the grounds of ill-health, or dismissal. Regular progress reports and medical updates must be provided to the Chief
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Executive in order to assess what, and if any, progress the employee has made. Refusal of Help Any employee who declines the offer of referral for assessment and treatment, or discontinues treatment before its satisfactory completion and who continues to fall below standards required, will be subject to the normal and recognised procedures e.g. disciplinary. Relapse Where an employee, having received treatment or during treatment, suffers a relapse, the Company will consider the case on its individual merits. Medical advice will be sought in an attempt to ascertain how much more treatment/rehabilitation time is likely to be required for full recovery. At the Company’s discretion, more treatment or rehabilitation time may be given in order to help the employee to recover fully. Recovery Unlikely If, after an employee has received treatment, recovery seems unlikely, the Company may be unable to wait any longer for the employee’s recovery. In such cases, dismissal may result, but in most cases a clear warning will be given to the employee beforehand and a full medical investigation will have been undertaken. Serious Misconduct Caused by Alcohol or Drugs Intoxicated Employees: If an employee is found to be under the influence of alcohol or drugs during working hours or on Company premises arrangements will be made for the employee to be escorted from the premises immediately. The employee will not knowingly be allowed to drive whilst under the influence of drink of drugs. If the employee insists on doing so, they must understand that Company has a duty to report this action to the police. Disciplinary action will take place when the employee has had time to become sober or recover from the effects of drugs. This kind of behaviour will normally be treated as Gross Misconduct and result in summary dismissal. Consumption of Alcohol on the Premises: Employees are expressly forbidden to consume alcohol when at work, or bring it onto Company premises under any circumstances. Any breach of this rule will be treated as Gross Misconduct which is likely to result in summary dismissal. Exceptions may be made provided prior permission has been obtained from the Chief Executive in respect of a Company function or gathering – however any alcohol consumed in such circumstances must be limited to ensure that the employee or employees concerned are not overly affected. Employees are reminded that in circumstances where they are representing the Company, the image and reputation of the Company must be upheld at all times and
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employees must conduct themselves accordingly. The Duty Manager and Duty Operational Supervisor are not permitted, under any circumstances, to consume alcohol, including attending a function, whilst on duty. Evidence of Drug/Illegal Substance Abuse: The Company operates a zero tolerance approach to drug/illegal substance abuse. Employees who take drugs which have not been prescribed on medical grounds or purchased over the counter from a pharmacy during working hours or on Company premises, will be committing an act of Gross Misconduct and will thus render themselves likely to be summarily dismissed, as will any employee believed to be in possession of, or buying or selling prescribed drugs or substances, during working hours or on Company premises. Drugs, whether classed as soft, recreational, or hard are illegal and no evidence of their use can be tolerated. Even use well out with working time can result in mental effects which may persist for many hours and days after they have been taken. Where an employee is suspected of being under the influence of drugs or illegal substances him or she will be immediately suspended and an investigation will require to take place including the requirement of the employee to provide a urine specimen for testing. The presence of illegal substances or their metabolites will be grounds for summary dismissal. The use of all drugs can at times lead to health and safety hazards, i.e. drugs are taken to induce a feeling or perception different to their current state of alertness. This is not a compatible situation for a safe working condition. Be aware that many drugs that are prescribed for medical conditions, or even some ‘over the counter’ drugs such as cough bottles’, can also have adverse side effects, these can be detrimental to health and safety. The warning 'This drug causes drowsiness - do not operate machinery' is common on prescription medication etc. but not always heeded. There can be other effects which can also cause a hazard in the workplace such as a feeling of cold, sweating, clammy hands etc. Always tell your direct senior if your Doctor has prescribed drugs or medication which could affect your work performance. Drugs do not have to be prescribed to cause side effects. Most cold cures will cause drowsiness. MEDICAL CONDITIONS All medical conditions should be explained to your ‘senior’, and, for common sense reasons, to your work’s first-aiders. Any condition which could affect your work should be explained so that adequate measures can be taken to reduce the risk of the condition causing an accident i.e. •
Diabetes
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• • •
Epilepsy Angina Hypertension, etc.
Employees should note that this list is not exhaustive.
GENERAL All employees are encouraged not to cover up for employees with a drink or drug problem but to recognise that collusion represents a false sense of loyalty and will in the longer term damage those employees. Employees who recognise that they have a drink or drug problem, or that they are at risk of developing one, are encouraged to come forward for confidential help. They should speak in confidence with their manager, or secure the help of a colleague in this respect.
Random Alcohol and Drug Screening: The Company may operate a random screening system in respect of drugs or illegal substances and alcohol. It is a condition of employment that employees submit, if requested, to alcohol and drug/illegal substance testing not only in the event of an accident or where misuse is suspected, but on a random basis. Any employee who refuses to undergo a test or any employee who tests positive for alcohol or drugs/illegal substance in the bloodstream may be subject to summary dismissal. A positive result for alcohol will be: Breathe
-
35 micrograms of alcohol in 100 millilitres of breath
It should be noted that, in certain circumstances, a reading below the above levels may result in disciplinary action being taken. With regard to testing facilities in respect of alcohol and drugs/illegal substances the Company is in close liaison with the Occupational Health Service for advice and assistance. However, employees should note that where access to occupational health screening is not immediately available, that a subjective view will be taken by the Duty Supervisory/Manager present at that time. N.B. - Any employee found to be under the influence of illegal substances during a screening test may be liable to a report being made to the police and any resultant criminal proceedings. Further to this, in the event that an employee is found to be in possession of illegal substances or is considered to be dealing in illegal substances whilst on the premises the Company will be duty bound to notify the police.
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BUSINESS GIFTS As a general policy the Company does not believe that giving and receiving gifts is appropriate to the efficient conduct of its business. There are, however, limited exceptions to this policy.
Receipt of Gifts Any employee who is given a gift of any sort by a business contact (e.g., a customer or supplier, whether actual or potential) must disclose the fact of the gift and its nature to his or her line manager. In most instances, gifts up to the value of £25.00 will be permitted as acceptable however the employee in receipt of the gift must ensure that prior to formally accepting the gift, he or she informs his or her immediate line manager for notification to the Chief Executive regardless of the value. If the Company decides that the gift might constitute a bribe or other inducement, it will require the employee to give the gift to his or her line manager, who will return it to the donor with a suitable covering letter. In other instances the Company may require the employee to return the gift to the donor with a polite note explaining the Company policy. In exceptional cases, for example, where the Company decides that the gift was made as a token of the donor’s gratitude for a service carried out to very high standards, the Chief Executive may allow the employee to retain the gift. Promotional gifts that are not of significant value, e.g., stationery, are exempt from this policy and need not be disclosed. However, employees are reminded that since such gifts are sent to a limited number of employees only they should normally be shared with other employees where possible. Failure to disclose gifts will constitute a disciplinary offence which will be handled in accordance with the Company’s formal Disciplinary Procedure. If the gift in question is of significant value and, for example, the recipient is in a position to influence business dealings with the donor, the offence may be treated as gross misconduct. If in doubt consult your line manager.
Giving Gifts While it is not Company policy to offer gifts to suppliers, customers etc., the Company recognises that, on occasion, this may be appropriate, for example, when an employee carries out work on a voluntary basis or for a nominal fee or when a service has been carried out to an exceptional standard.
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In such a case, employees should put a request in writing to their line manager stating: • whom the gift is for; • why it should be given; • the nature of the gift; and • Its approximate value. Employees who send gifts which have not been approved in accordance with this procedure will not be reimbursed for the cost of the gift. In addition, such action may be treated as a disciplinary offence which will be dealt with under the Company’s Disciplinary Procedure. Tips In certain areas of the facility, staff may be given a ‘tip’ by a customer in recognition of the service offered or due to the fact it is generally seen as the ‘norm’ to do so in such circumstances. In this situation, the employee, whilst not permitted to elicit tips, will be permitted to accept them. However, employees should be fully aware that each individual is responsible for their own tips. Due to the fact tips are classed as other income by HM Revenue and Customs it means the employee will be responsible for their own self-declaration for the amounts received in line with guidelines from HMRC.
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COMPUTERS, E-MAIL AND THE INTERNET POLICY To maximise the benefits of our computer resources and minimise potential liability, employees are only permitted to use the Company’s computer systems in accordance with the Company’s Data Protection and Monitoring Policies and the following guidelines.
General Rules The Company’s computer systems, software and their contents belong to the Company, and they are intended for business purposes. Employees are permitted to use the systems to assist in performing their jobs. The Company has the right to monitor and access all aspects of its systems, including data which is stored on the Company’s computer systems in compliance with the Data Protection Act 1998. Employees must receive prior approval from management before using any part of the computer systems for personal use.
Security The Company requires employees to log on to the Company's computer systems using their own password (where provided) which must be kept secret. Employees should select an alpha numeric password that is not easily broken (e.g., not their surnames). Employees are not permitted to use another employee's password to log on to the computer system, whether or not they have that employee's permission. If an employee logs on to the computer using another employee’s password, he or she will be liable to disciplinary action up to and including summary dismissal for gross misconduct. Any employee who discloses his or her password to another employee will be liable to disciplinary action. To safeguard the Company’s computer systems from viruses, employees are not permitted to load or run unauthorised games or software, or to open documents or communications from unknown origins. Where the computer has Internet or electronic mail (e-mail) facilities installed, employees are not permitted to download or open files from the Internet. Before opening incoming e-mail attachments employees must ensure the email is from a trusted source. The Company reserves the right to require employees to hand over all Company data held in computer useable format.
Use of E-mail
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The Company’s computer systems contain an e-mail facility which is intended to promote effective communication within the Company on matters relating to its business. Employees should only use the e-mail system for that purpose. The Company encourages employees to make direct contact with individuals rather than communicating via e-mail. E-mails should be written in accordance with the standards of any other form of written communication, and the content and language used in the message must be consistent with best Company practice. Messages should be concise and directed to relevant individuals on a need to know basis. E-mails can be the subject of legal action (for example, claims of defamation, breach of confidentiality or breach of contract) against both the employee who sent them or the Company. Employees are also reminded that e-mail messages may be disclosed to any person mentioned in them. Employees must therefore always be careful if they write about people in e-mails. All emails sent from the employees of the Company must carry the standardised ‘footer’ which covers the above issues.
Use of Internet The Company recognises that use of the internet is now very much part of a business’s day-to-day working and therefore allows key employees full, unrestricted online access. Employees granted online access should use a common sense approach in conjunction with this document to ensure that all use if appropriate and proper. Users should note that any “Accounts” that can be associated with Inverness Leisure (such as social networking administrators etc.) must not be their personal use accounts and must therefore be set up specifically for business.
Monitoring The Company monitors employees’ use of all aspects of the Company computer systems in accordance with the Company’s Monitoring Policy. Please refer to the Company’s Monitoring Policy for further details. Inappropriate Use Misuse of the Company’s computer systems may result in disciplinary action up to and including summary dismissal. Examples of misuse include, but are not limited to, the following: • sending, receiving, downloading, displaying or disseminating material that insults, causes offence or harasses others;
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•
accessing pornographic, racist or other inappropriate or unlawful materials;
•
Engaging in on line chat systems other than those which are approved, (egg. Skype) and then only for Company business;
•
online gambling;
•
forwarding electronic chain letters or similar material;
•
downloading or disseminating copyright materials;
•
transmitting confidential information about the Company or its clients;
•
downloading or playing computer games; and
•
Copying or downloading software.
•
Use for personal financial gain
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SOCIAL MEDIA SITES AND BLOGS What this policy covers This policy covers all individuals working at all levels and grades, including senior managers, officers, directors, Associates, consultants, contractors, trainees, homeworkers, part-time and fixed-term Associates, casual and agency staff [and volunteers] (collectively referred to as Associates in this policy). Third parties who have access to the Company’s electronic communication systems and equipment are also required to comply with this policy. This policy deals with the use of all forms of social media, including Facebook, LinkedIn, Twitter, Wikipedia, all other social networking sites, and all other internet postings, including blogs. It applies to the use of social media for both business and personal purposes, whether during office hours or otherwise. The policy applies regardless of whether the social media is accessed using the Company’s IT facilities and equipment or equipment belonging to individual Associates. Responsibility for Compliance with Policy All managers have a specific responsibility for operating within the boundaries of this policy, ensuring that Associates understand the standards of behaviour expected of them and taking action when behaviour falls below its requirements. Overall monitoring will be undertaken by the Admin & IT Manager. Associates are responsible for the success of this policy and should ensure that they take the time to read and understand it. Any misuse of social media should be reported to Admin & IT Manager. Questions regarding the content or application of this policy should be directed to the Chief Executive. Your responsibilities Social media should never be used in a way that breaches any of the Company’s other policies. If an internet post would breach any of our policies in another forum, it will also breach them in an online forum. For example, Associates are prohibited from using social media to: • breach the Company’s IT & Communications policy; • breach the Company’s obligations with respect to the rules of relevant regulatory bodies; • breach any obligations they may have relating to confidentiality; • breach the Company’s Disciplinary Policy; • defame or disparage the organisation or its affiliates, customers, clients, business partners, suppliers, vendors or other stakeholders; • harass or bully other Associates in any way or breach the Company’s Antiharassment and bullying policy;
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• • •
unlawfully discriminate against other Associates or third parties or breach the Company’s Equal Opportunities Policy; breach the Company’s Data Protection Policy (for example, never disclose personal information about a colleague online); Breach any other laws or ethical standards (for example, never use social media in a false or misleading way, such as by claiming to be someone other than yourself or by making misleading statements).
Associates should never provide references for other individuals on social or professional networking sites, as such references, positive and negative, can be attributed to the organisation and create legal liability for both the author of the reference and the organisation. Associates who breach any of the above policies will be subject to disciplinary action up to and including termination of employment. Personal use of social media The Company recognises that Associates may work long hours and occasionally may desire to use social media for personal activities at the office or by means of the Company’s computers, networks and other IT resources and communications systems. The Company authorise such use during official break times so long as it does not involve unprofessional or inappropriate content and does not interfere with your ongoing employment responsibilities or productivity. While using social media at work, circulating chain letters or other spam is never permitted. Circulating or posting commercial, personal, religious or political solicitations, or promotion of non-approved outside organisations unrelated to the organisation’s business are also prohibited. Business Use of Social Media If an Associate’s duties requires them to speak on behalf of the organisation in a social media environment, the Associate must still seek approval for such communication from the Chief Executive, who may require the Associate to undergo training before they do so and impose certain requirements and restrictions with regard to their activities. Likewise, if Associates are contacted for comments about the organisation for publication anywhere, including in any social media outlet, direct the inquiry to the PA to the Senior Management and do not respond without written approval. The use of social media for business purposes is subject to the remainder of this policy. Recruitment We may use internet searches to perform due diligence on candidates in the course of recruitment. Where we do this, we will act in accordance with our data protection and equal opportunities obligations. Responsible Use of Social Media
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The following sections of the policy provide Associates with common-sense guidelines and recommendations for using social media responsibly and safely. Associates should apply all of the following points to both their personal and business social media accounts. Associates must not post disparaging or defamatory statements about: • the Company’s organisation; • clients; • suppliers and vendors; and • Other affiliates and stakeholders. Associates should also avoid social media communications that might be misconstrued in a way that could damage our business reputation, even indirectly. Unless responding on behalf of the organisation, Associates should make it clear in social media postings that they are speaking on their own behalf, write in the first person and use a personal e-mail address when communicating via social media. Associates are personally responsible for what they communicate in social media. Associates should remember that what they publish might be available to be read by the masses (including the organisation itself, future employers and social acquaintances) for a long time. This should be kept in mind before any content is posted. If Associates disclose their affiliation as an Associate of the Company’s organisation, they must also state that their views do not represent those of the Company. For example, Associates could state, “the views in this posting do not represent the views of my employer”. Associates should also ensure that their profile and any content they post are consistent with the professional image they present to clients and colleagues. Avoid posting comments about sensitive business-related topics, such as the Company’s performance. Even if Associates make it clear that their views on such topics do not represent those of the organisation, their comments could still damage the Company’s reputation. If an Associate is uncertain or concerned about the appropriateness of any statement or posting, they should refrain from making the communication until they have discussed it with a member of the Senior Management Team. If an Associate sees content in social media that disparages or reflects poorly on the Company or its stakeholders, they should contact the Duty Manager immediately who will then decide on the appropriate follow up action required. Associates are responsible for protecting the Company’s business reputation. Respecting Intellectual Property and Confidential Information Associates should not do anything to jeopardise the Company’s valuable trade secrets and other confidential information and intellectual property through the use of social media. In addition, Associates should avoid misappropriating or infringing the intellectual property of other companies and individuals, which can create liability for the organisation, as well as the individual author.
INVERNESS LEISURE 03/09 FB (D)
Associates are not permitted to use the Company’s logos, brand names, slogans or other trademarks, or post any of the Company’s confidential or proprietary information without prior written permission. To protect themselves and the Company against liability for copyright infringement, where appropriate, Associates should reference sources of particular information they post or upload and cite them accurately. If an Associate has any questions about whether a particular post or upload might violate anyone’s copyright or trademark, they should ask the Chief Executive before making the communication. The contact details of business contacts made during the course of the Associate’s employment are regarded as the Company’s confidential information, and as such the Associate will be required to delete all such details from their personal social networking accounts, such as Facebook accounts or LinkedIn accounts, on termination of employment. Unless they have the express written permissions to retain the contact by the third party. Respecting Colleagues, Clients, Partners and Suppliers Do not post anything that colleagues or our customers, clients, business partners, suppliers, vendors or other stakeholders would find offensive, including discriminatory comments, insults or obscenity. Do not post anything related to colleagues or your customers, clients, business partners, suppliers, vendors or other stakeholders without their written permission. Monitoring The contents of the Company’s IT resources and communications systems are the Company’s property. Therefore, Associates should have no expectation of privacy in any message, files, data, document, facsimile, telephone conversation, social media post conversation or message, or any other kind of information or communications transmitted to, received or printed from, or stored or recorded on our electronic information and communications systems. The Company reserves the right to monitor, intercept and review, without further notice, Associates activities using the Company’s IT resources and communications systems, including but not limited to social media postings and activities, to ensure that the Company’s rules are being complied with and for legitimate business purposes and the Associate consents to such monitoring by their acknowledgement of this policy and their use of such resources and systems. This might include, without limitation, the monitoring, interception, accessing, recording, disclosing, inspecting, reviewing, retrieving and printing of transactions, messages, communications, postings, log-ins, recordings and other uses of the systems as well as keystroke capturing and other network monitoring technologies. The Company may store copies of such data or communications for a period of time after they are created, and may delete such copies from time to time without notice. Associates should not use the Company’s IT resources and communications systems for any matter that you wish to be kept private or confidential from the organisation.
INVERNESS LEISURE 03/09 FB (D)
Failure to Comply With Policy Breach of this policy may result in disciplinary action up to and including dismissal. Disciplinary action may be taken regardless of whether the breach is committed during working hours, and regardless of whether our equipment or facilities are used for the purpose of committing the breach. Any Associate suspected of committing a breach of this policy will be required to co-operate with our investigation, which may involve handing over relevant passwords and login details. Associates may be required to remove internet postings which are deemed to constitute a breach of this policy. Failure to comply with such a request may in itself result in disciplinary action.
INVERNESS LEISURE 03/09 FB (D)
DISCLOSURES AND DISCLOSURE INFORMATION POLICY Background As a Company using the Disclosure Scotland service to help assess the suitability of candidates for positions of trust, we are recipients of Disclosure Information and PVG Scheme Records which contain Disclosure Information and must comply fully with the Disclosure Scotland Code of Practice. Amongst other things, this obliges us to have a written policy on the correct handling and safekeeping of Disclosure Information and PVG Scheme Records.
General Principles A Disclosure will only be requested after a thorough assessment has indicated that this is both proportionate and relevant to the position concerned. PVG Scheme Records will only be obtained where an individual will be undertaking regulated work. Where a Disclosure or PVG Scheme Membership is required as part of the recruitment process, all application forms, job advertisements and recruitment briefs will contain a statement that a Disclosure, or PVG Scheme Record, will be requested in the event of the candidate being offered the position. As an organisation using the Disclosure Scotland service to help assess the suitability of candidates for positions of trust, the Company complies fully with the Disclosure Scotland Code of Practice regarding the correct handling, use, storage, retention and disposal of Disclosures, Disclosure Information and PVG Scheme Records. The Company also complies fully with its obligations under the Data Protection Act 1998 and other relevant legislation pertaining to the safe handling, use, storage, retention and disposal of Disclosure Information and PVG Scheme Records and has a written policy on these matters, which is available to those who wish to see it on request.
Storage and Access Disclosure Information and PVG Scheme Records are never kept on a candidate’s file and is always kept separately and securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.
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Handling In accordance with section 124 of the Police Act 1997, Disclosure Information is only passed to those who are authorised to receive it in the course of their duties. The Company maintains a record of all those to whom Disclosures or Disclosure Information has been revealed and recognises that it is a criminal offence to pass this information to anyone who is not entitled to receive it. Use of Disclosure Information Disclosure Information and PVG Scheme Records are only used for the specific purpose for which it was requested and for which the candidate’s full consent has been given.
Retention Once a recruitment (or other relevant) decision has been made about an unsuccessful candidate, the Company does not keep Disclosure Information or PVG Scheme Records for any longer than is absolutely necessary. This is generally for a period of up to six months for unsuccessful candidates, to allow for the consideration and resolution of any disputes or complaints. If, in very exceptional circumstances, it is considered necessary to keep Disclosure Information or PVG Scheme Records for unsuccessful candidates longer than six months, the Company will consult Disclosure Scotland and will give full consideration to the rights of the candidate under the Data Protection Act 1998 before doing so. Throughout this time the usual conditions regarding safe storage and strictly controlled access will prevail. For employment administration and evidential purposes, we will retain a copy of employees’ PVG Scheme Record or Scheme Record Update on the employee’s file during the course of their employment and for a period after termination of their employment.
Disposal Once the retention period has elapsed, the Company will ensure that any Disclosure Information is immediately destroyed by secure means, e.g., by shredding, pulping or burning. While awaiting destruction, Disclosure Information will not be kept in any insecure receptacle (e.g., waste bin or confidential waste sack). The Company will not keep any photocopy or other image of the Disclosure Information or any copy or representation of the contents of a Disclosure. However, notwithstanding the above, the Company may keep a record of the date of issue of a Disclosure, the name of the subject, the type of Disclosure requested, the position in relation to which the Disclosure was requested, the unique reference number of the Disclosure and the details of the recruitment decision taken.
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The Chief Executive is approved by the Board of Trustees to undertake subsequent Disclosure checks on any individual in the Company. Information will be supplied to an individual informing them they have been selected for a follow up Disclosure. New employees will be required to sign a Disclosure Application Agreement which will allow the Company to recover the cost of the Disclosure Application from the employee in the event that the employee fails to take up their post with the Company or who leaves within the Induction Period.
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PROTECTING VULNERABLE GROUPS POLICY The Company is committed to protecting our service users against all forms of abuse. Employees of the Company have a responsibility toward our service users to ensure that they are protected from abuse. Abuse is a violation of a service user’s human and civil rights by another person and may consist of a single act or multiple acts. As well as physical and psychological abuse, acts of neglect or an omission to act may amount to abuse. Abuse may also occur when a child or vulnerable adult is persuaded to enter into a financial or sexual transaction to which he or she has not consented or cannot consent.
Recruitment We will make it clear when advertising jobs whether the work will involve regulated work as defined by the Protection of Vulnerable Groups (Scotland) Act 2007. The PVG Scheme requires that before an applicant can be employed by us in regulated work, we are legally obliged to check the applicant’s PVG Scheme Membership. This may involve the applicant applying to become a PVG Scheme member for the first time. We will always seek an applicant’s consent before checking their PVG Scheme Membership status.
How we handle PVG Scheme data For employment administration and evidential purposes, we will retain a copy of employees’ PVG Scheme Record or Scheme Record Update on the employee’s file during the course of their employment and for a period after termination of their employment. Where we cease to have an interest in a person’s PVG Scheme Membership, for example, because they have left employment with us, we will notify Disclosure Scotland of that fact. Our duty to refer information By law, we have a duty to refer certain information to Disclosure Scotland. The PVG Act places a duty on employers to make a referral when, broadly speaking, an individual doing regulated work has done something to harm a child or protected adult and the impact is so serious that the employer has (or would) permanently remove the individual from regulated work. The harmful or inappropriate behaviour must correspond with the type of regulated work the individual does, e.g. a school teacher (doing regulated work
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with children) who harms a protected adult does not meet the referral grounds. It should be noted the harmful or inappropriate behaviour does not have to have taken place in the workplace, or be connected with that person’s work in any way.
If an employee’s PVG Scheme Membership changes The PVG Scheme requires that if an employee’s PVG Scheme Membership status changes during their employment with us, we are legally obliged not to allow that employee to continue to engage in regulated work. This may mean that we cannot continue to employ that person. When the online-Register is operational and we receive notification of a change of an employee’s PVG Scheme Membership status, we will investigate whether the employee can continue to be employed with us in activities that are not regulated work, but we reserve the right to dismiss the employee without notice.
Activities that become regulated work When an employee’s activities becomes regulated work or where an employee is asked to perform regulated work, the employee would be required to become a PVG Scheme member. If the employee refuses to become a PVG Scheme member, or if Disclosure Scotland refuses them PVG Scheme membership, we will investigate whether the employee can continue to be employed with us in activities that are not regulated work, but we reserve the right to dismiss the employee.
Employees’ duties and Disciplinary Process Employees must remain vigilant at all times of the risk to our service users of abusive behaviour from different sources including members of the service user’s family, other service users, employees and in different situations. If an employee believes a service user has been subjected to abuse, he or she should refer the circumstances to his or her line manager (or another manager if appropriate) for full investigation. If the alleged perpetrator of abuse is another employee, the circumstances will be investigated fully under the Company’s Disciplinary Procedure. If necessary, the Company will refer details of the circumstances to Disclosure Scotland. If, following full investigation of the circumstances, the Company determines that the perpetrator should be dismissed from the Company, the employee’s
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details will be referred to Disclosure Scotland.
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PUBLIC INTEREST DISCLOSURE POLICY (“WHISTLEBLOWING”) All employees at one time or another have concerns about what is happening at work, and usually these concerns are easily resolved. However, when an employee has concerns about serious malpractice like fraud or financial irregularities, corruption, bribery, dishonesty, acting contrary to staff codes of conduct, or creating or ignoring a serious risk to health, to safety, and to the environment then it is important that the employee is able to raise such concerns without fear of reprisal. In circumstances where an employee has such a concern, he or she should raise it first with their line manager either orally or in writing. If the employee feels that the line manager is not able to deal with this issue correctly, he or she may raise the matter with the Chief Executive, or ultimately a member of the Board of Trustees, who will arrange to meet with the employee on a confidential basis. Should an employee feel that he or she is unable to approach any of the persons previously mentioned, then the matter should be noted in writing to the Chairman of the Board of Trustees, and should also include information as to why the employee feels unable to approach anyone else. The Chairman will, in discussion with the employee, appoint a manager to meet with the employee and investigate the issue. Once the concern has been raised with whomever, it is important that the matter is properly investigated. Care should be taken to ensure that the employee is informed of the outcome of the investigation. If the investigation shows that the issue raised can be resolved quickly, or in a straightforward manner then it will be brought to the attention of the appropriate manager. A decision will then be made as to whether the complaint has substance and whether the Company’s Disciplinary Procedures require to be invoked, or whether more formal investigation procedures are necessary by internal audit or the police. In circumstances where a concern raised requires more detailed consideration, either because of the complexity of the concern, or the possibility of other proceedings, the Company will normally conduct an investigation under the direction of the HR Committee of the Board of Directors. All concerns raises under this procedure will be treated with care and sensitivity and to ensure that where the employee has requested that his or her details are kept confidential that this is adhered to. Should it prove to be not possible to keep an employee’s details (e.g. if asked to give evidence) then the employee will be informed and given every opportunity to discuss the matter prior to taking any action. It is important to be clear that the earlier a matter is brought to management’s attention the easier it is to deal with. When raising a concern, the employee must declare any personal interest he or she may have in this matter. Failure to do so may lead to the investigation being compromised.
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The Company does not tolerate harassment or victimisation in any form where someone has raised a concern under this procedure. If an employee chooses to use this procedure, he or she may, should this be helpful to the employee in raising the concern, be accompanied by another employee or a Trade Union official. The person accompanying the concerned employee will be in attendance in a supporting role, but is not allowed to take part in any part of the investigatory procedure. The accompanying person will be required to ensure that he or she treats any information gained during the investigatory process as strictly confidential. The manager in charge of the investigation is required to register the nature of the concern with the HR Committee of the Board of Directors, and record the outcome. The purpose of this is to ensure that a central record is kept, and which can be cross-referenced with other complaints in order to monitor patterns or concern across the Organisation and to assist the Company to monitor procedures. Any action taken to resolve a concern raised by an employee will be notified to him or her. In some instances it may not be possible to reveal the full extent of the investigation where this relates to personal issues involving a third party. Employees must not disclose any concern raised within this procedure other than described in herein. Nor are they permitted to publicise their concerns, or abuse the process by maliciously raising unfounded allegations. These procedures have been designed to ensure that there is no need to raise concerns anonymously and may do without fear of victimisation or harassment. Employees should be absolutely clear that the Company fully prefers that a concern is raised in a responsible manner rather than not at all. Should an employee feel that he or she is still unable to raise a concern within the procedures detailed above, he or she may seek advice from any of the following: • • • • •
Public Concern at Work – a registered charity which advised on serious malpractice within the workplace A Trade Union representative The Staff Advisors on the Board of Trustees The Company’s internal auditors In some instances – Healthcare Improvement Scotland (which replaces the Care Commission for Scotland and Social Work Inspection Agency).
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DATA PROTECTION POLICY Introduction The Data Protection Act 1998 protects employees against the misuse of personal data and may cover both manual and electronic records. All records held on computer fall within the Data Protection Act. Certain manual files may also fall within the Act, depending on the ease of access to data within the file. However, for consistency and good practice, the Company will adopt the same approach for data held. The Act requires that any personal data held should be: •
processed fairly and lawfully;
•
obtained and processed only for specified and lawful purposes;
•
adequate, relevant and not excessive;
•
accurate and kept up to date;
•
held securely and for no longer than is necessary; and
•
Not transferred to a country outside the European Economic Area unless there is an adequate level of data protection in that country.
The Act also gives employees certain rights. For employment purposes, the most important right is the right to access the personal data held about the employee.
Purposes for which Personal Data may be Held Personal data relating to employees may be collected primarily for the purposes of: •
recruitment, development;
•
administration and payment of wages;
•
calculation of certain benefits including pensions;
•
disciplinary or performance management purposes;
•
performance review;
•
recording of communication with employees and their representatives;
•
compliance with legislation;
•
provision of references to financial institutions, to facilitate entry onto educational courses and/or to assist future potential employers; and
•
Staffing levels and career planning.
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promotion,
training,
redeployment
and/or
career
The Company considers that the following personal data falls within the categories set out above: •
Personal details including name, address, age, status and qualifications. Where specific monitoring systems are in place, ethnic origin and nationality will also be deemed as relevant;
•
references and CVs;
•
emergency contact details;
•
notes on discussions between management and the employee;
•
appraisals and documents relating to grievance, discipline, promotion, demotion or termination of employment;
•
training records;
•
salary, benefits and bank/building society details; and
•
Absence and sickness information.
Employees or potential employees will be advised by the Company of the personal data which has been obtained or retained, its source, and the purposes for which the personal data may be used or to whom it will be disclosed. The Company will review the nature of the information being collected and held on an annual basis to ensure there is a sound business reason for requiring the information to be retained.
Sensitive Personal Data Sensitive personal data includes information relating to the following matters: •
the employee’s racial or ethnic origin;
•
his or her political opinions;
•
his or her religious or similar beliefs;
•
his or her trade union membership;
•
his or her physical or mental health or condition;
•
his or her sex life; or
•
The commission or alleged commission of any offence by the employee.
To hold sensitive personal data, the Company must additionally satisfy a sensitive data condition. The most appropriate condition for employment purposes is that the processing is necessary to enable the Company to meet its legal obligations (for example, to ensure health and safety or to avoid unlawful discrimination).
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Responsibility for the Processing of Personal Data The Company will appoint a Data Controller as the named individual responsible for ensuring all personal data is controlled in compliance with the Data Protection Act 1998. Employees who have access to personal data must comply with this Policy and adhere to the procedures laid down by the Data Controller. Failure to comply with the Policy and procedures may result in disciplinary action up to and including summary dismissal.
Use of Personal Data To ensure compliance with the Data Protection Act 1998 and in the interests of privacy, employee confidence and good employee relations, the disclosure and use of information held by the Company is governed by the following conditions: •
personal data must only be used for one or more of the purposes specified in this Policy;
•
Company documents may only be used in accordance with the statement within each document stating its intended use;
•
provided that the identification of individual employees is not disclosed, aggregate or statistical information may be used to respond to any legitimate internal or external requests for data (e.g., surveys, staffing level figures); and
•
Personal data must not be disclosed, either within or outside the Company, to any unauthorised recipient.
Personal Data Held for Equal Opportunities Monitoring Purposes Where personal data obtained about candidates is to be held for the purpose of equal opportunities monitoring, all such data must be made anonymous. Disclosure of Personal Data Personal data may only be disclosed outside the Company with the employee’s written consent, where disclosure is required by law or where there is immediate danger to the employee’s health.
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Accuracy of Personal Data The Company will review personal data regularly to ensure that it is accurate, relevant and up to date. In order to ensure the Company’s files are accurate and up to date, and so that the Company is able to contact the employee or, in the case of an emergency, another designated person, employees must notify the Company as soon as possible of any change in their personal details (e.g., change of name, address; telephone number; loss of driving licence where relevant; next of kin details, etc.). As the Company does not automatically issue annually updated forms, it is the full responsibility of every employee to ensure that all of the above information, along with any information which could be affected by a Disclosure Scotland Check, is declared immediately to their Section Head or Chief Executive. Failure to do so could result in the matter being investigated under the Company’s disciplinary procedures. Once completed, these records will be stored in the employee's personnel file.
Access to Personal Data (“Subject Access Requests”) Employees have the right to access personal data held about them. The Company will arrange for the employee to see or hear all personal data held about them within 40 days of receipt of a written request and subject to a £10.00 administration fee.
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MONITORING POLICY Employee monitoring covers monitoring of employees’ use of telephones, fax, e-mails, Internet use, and recording of images of employees by video and vehicle location monitoring. Monitoring may also include the following: •
monitoring lateness by video cameras;
•
checking e-mails to ensure the system is not abused;
•
checking websites visited by employees using Company systems;
•
Recording telephone calls.
Monitoring Without Employees’ Knowledge The Company will not monitor employees without their knowledge, unless the Company has reason to believe that employees are engaged in criminal activity. In such instances, any monitoring will take place under the guidance of the Police and will be carried out in accordance with the Data Protection Act 1998.
Monitoring With Employees’ Knowledge The Company reserves the right to introduce additional monitoring from time to time. Before doing so, the Company will: •
identify the purpose for which the monitoring is to be introduced;
•
ensure that the type and extent of monitoring is limited to what is necessary to achieve that purpose;
•
where possible, consult with affected employees in advance of introducing the monitoring; and
•
Weigh up the benefits the monitoring is expected to achieve against the impact it may have on employees.
The Company will ensure employees are aware of when, why and how monitoring is to take place and the standards they are expected to achieve. If disciplinary action results from information gathered through monitoring, the employee will be given the opportunity to see or hear the information in advance of the disciplinary meeting and make representations about it. The Company will ensure data collected through monitoring is kept secure, and access is limited to authorised individuals.
Telephones If the Company monitors telephones it will make employees aware of this. The Company will make available upon request a telephone in a private area, not
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subject to monitoring, for employees to make urgent personal calls.
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DRESS AND APPEARANCE POLICY The personal appearance of employees makes an important contribution to the Company’s professional reputation and image. For this reason, it is important that employees look both smart and professional at all times. All employees should be aware of the following dress code and guidelines.
General Guidelines If a uniform or specified clothing is not provided, employees are required to dress in a manner appropriate to the function in which they are engaged and guidance can be supplied. All customer-facing employees are required to attend work each day either in the supplied uniform or in normal smart business dress suitable for a working environment which involves regular contact with customers and to maintain high standards of personal hygiene. Customer-facing employees must ensure their clothing is clean, ironed, in good condition and free from rips and tears. Footwear should normally be dark, clean and in good condition and should be appropriate for business use. Customer-facing employees are not permitted to wear jeans, cropped garments, or similar inappropriate wear during working hours. Customer-facing employees should have a smart, professional haircut and should endeavour to ensure that their hair is kept tidy and worn off the face. Employees are permitted to wear discreet earrings, finger rings or other jewellery but facial studs, nose or eyebrow rings and hanging body jewellery are not permitted. Visible tattoos are not permitted and should be kept covered during working hours. Lifeguards and Facility First Aiders are not permitted to wear tongue or lip piercings and will be asked to remove them whilst on duty. Facial make up and fingernail varnish should be light and discreet. Employees are permitted to wear perfume/aftershave but should ensure it is discreet and not overpowering. Employees must ensure that their hands and nails are clean and tidy when at work.
Name Badges Name badges will be included with any ‘standard issue’ Company uniform appropriate to the employee’s position within the Company. Name badges must be worn in a prominent position on the uniform, unless agreed differently by a specific department in which the employee works.
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Uniforms and Company Clothing It is a condition of employment that employees wear any uniforms or clothing specified by the Company at all times during working hours. Uniform will also be deemed to include personal protective clothing, whistles if a lifeguard and corporate water bottles where supplied. The Company will supply employees with the appropriate uniforms or clothing at the Company’s expense. Employees are expected to take care of any such items and to maintain them in a reasonable condition and ensure that they are properly and regularly laundered. Any damage caused to uniforms or clothing as a result of the employee’s actions may result in an appropriate deduction being made from the employee’s pay. Employees must return any uniforms or clothing supplied by the Company at the termination of their employment. The Company reserves the right to deduct from the employee’s final pay the cost of any uniforms or clothing that are lost, damaged or not returned. Any employee in uniform will be expected to respond to customer inquiries or comments. Uniforms should, therefore, be covered up when an employee is deemed to be ‘not on duty’ – e.g. going for lunch etc. – thus enabling the employee to have an undisturbed break etc. Where a jacket or blazer is provided as part of an employee’s uniform, he or she must ensure that this is worn at all times when travelling around all public areas of the leisure facility or meeting in private with any of the Trustees.
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MONETARY TRANSACTIONS Only those employees who are specifically authorised by the Company to do so may handle cash or receive payments on behalf of the Company. Employees in breach of this rule will be subject to disciplinary action. Only those employees specifically authorised by the Company to do so may have access to or use cash tills. Employees who use or attempt to use cash tills without being so authorised will be subject to disciplinary action. Employees are required to issue receipts for all transactions and must record all transactions on the till roll. At the end of the night, the monies will be securely bagged and tagged and placed in the safe. They will then be checked, reconciled and banked by the Finance Team and returned to the safe to await the appropriate security uplift. Employees must not accept a customer’s cheque unless the customer presents a cheque card. The signature on the card should match the signature on the cheque and the card number must be written on the reverse of the cheque. In most instances it is now compulsory for customers to use Chip and PIN instead of a signature to authorise a credit or debit card purchase. If a customer has forgotten his or her PIN, employees must explain that they are unable to allow the customer to sign for the purchase and the customer will need to provide an alternative method of payment. There are, however, a few customers who will still be permitted to sign for their purchases, namely those with a disability or medical condition which makes them unable to use Chip and PIN. If an employee is in any way unsure about whether to accept a customer’s signature, the employee should discreetly contact the credit card issuer. Employees must ensure that the signature on cheques, credit card slips (where permissible) or any other documentation received in payment of goods or services matches the signature on the customer’s card. If an employee is in any doubt as to the validity of a customer’s signature, he or she should contact the card issuer or one of the Duty Officers before accepting payment. Employees are not permitted to purchase goods on their own behalf without first obtaining the permission of their line manager. Employees are responsible for all monetary transactions that they handle. Should the Company suffer any loss through the negligence, dishonesty or other action of the employee then the loss shall be deducted from that employee’s pay in accordance with the provisions of the Employment Rights Act 1996.
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APPRAISALS AND PERFORMANCE REVIEWS Staff Appraisals The Company operates a regular staff appraisal scheme. In addition to performance of your duties you will be required to participate in the scheme operated for employees at your grade or level, subject to any amendments or modifications to the scheme as may be made from time to time. For this purpose, participation means being involved in the scheme as an appraise, an appraiser, or both.
Annual Reviews Annual performance reviews at the Company are intended to provide a twoway opportunity for an employee and his or her supervisor to evaluate and communicate regarding accomplishments and opportunities for improvement of job performance.
Update Reviews Further performance reviews and processes may be undertaken as identified by the line manager.
Employee Development To ensure that the Company can meet business needs and the demands of its customers, it is essential that all employees are encouraged to develop their potential and skills to the highest level. During the first three months of employment with the Company, new employees will undergo a review to ascertain how they are progressing, and what training may be required to assist them in their duties. The identification of individual training needs and personal development is the joint responsibility of the employee and the Company. The Performance Review plays an important role in focusing on the attainment of the highest possible standards of performance and in encouraging learning and personal development. On a regular basis you will discuss with management your training and development needs and your personal and career aspirations. All employees are required to:
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•
Assist in the induction of new employees.
•
Participate in courses, training and development programmes.
•
Encourage team work within the Company.
•
Participate in Employee meetings.
•
The Performance Review form used is shown overleaf.
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PERFORMANCE REVIEW STAGE 1: STAFF – SELF APPRAISAL QUESTIONNAIRE Personal Details Name:
……………………………………………..
Start Date: Job Title:
…………………………………………….. ……………………………………………..
Department:
……………………………………………..
Last Review:
……………………………………………..
How would you rate yourself in the following: Excellent Appearance Time-keeping Attitude Teamwork Customer Service Customer Awareness Attention to Detail
Very Good
Good
Below Av.
Poor
To what extent do you feel that you have met your performance targets or goals? ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… List three aspects of your job that you have enjoyed over the last six months? ………………………………………………………………………………… ………………………………………………………………………………… …………………………………………………………………………………
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What have you disliked about your job over the last six months? ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… Are you given time to discuss problems? ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… Are you given adequate support from your colleagues and manager? ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… Do you feel communications between management and staff: Good Could be better Not very good Describe briefly the main difficulties in your job: ………………………………………………………………………………… ………………………………………………………………………………… …………………………………………………………………………………
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Give details and your opinion on training you have had while with the organisation: ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… Can you identify any areas for training for the future: ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… In your opinion what training would you recommend for your colleagues and managers? ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… What in your opinion are the main problems facing the Company? ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… Any other comments ………………………………………………………………………………… ………………………………………………………………………………… ………………………………………………………………………………… Thank you for participating Employee’s Signature …………………………………
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Date ……………
STAGE 2: INTERVIEW Managers Comments:
Staff Comments:
Review of previous training identified:
Action Points:
Employee’s Signature ……………………………
Date …………………
Manager’s Signature ………………………………
Date ………………….
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VIOLENCE AT WORK The Company will not tolerate any act or threat of violence towards any member of staff. Taking care of ourselves and others is a basis of all good work practices and helps us to improve the service we offer. Taking aggression seriously is a first step to creating a healthy working environment. Managers should address any work situation that may make a member of staff uneasy, and solutions should be sought. Reducing aggression at work is something we should all take responsibility for as it goes a long way to ensuring that we have a good working environment. This policy applies to all employees who may be in a position where they may experience violence or aggression at work or during work activities from either customers or colleagues. The policy is not limited to physical assault, but permits the inclusion of equally distressing behaviour such as intimidating verbal aggression. Incidents arising from discriminatory behaviour are also included, and may also be covered within our Equal Opportunities Policy. The following list is not exhaustive and examples of threatening or violent behaviour may include: • • • • • • •
Intimidation such as shouting, swearing, or other abusive language Threatening behaviour in the form or verbal threats, gestures and obstruction etc. Possession of any weapon, regardless of the lack of any overt threat to use it. Being incapable whilst under the influence of drink or drugs. Any unwanted physical contact. Racial, sexual, or disability harassment or harassment based upon any other protected characteristics (including name-calling). Bullying, victimisation or harassment of any form.
All employees should be clearly aware that safety issues will not provide a reason for discriminating against anyone one the grounds of race, sex, disability, or on the basis of any of the other protected characteristics or when appointing staff or allocating responsibilities.
Principles of Good Practice Prevention of violence is the prime aim, with co-operation and discussion for developing knowledge and understanding of clients, colleagues and others as well as assessing the facts which might precede a period of disturbed behaviour is fundamental. Employees must maintain a professional attitude to clients, colleagues, members of the public and others at all times. All individuals must be treated courteously, regardless of class, creed, or colour, whether they are likeable, irritating or socially disruptive. This attitude by all staff is important in both
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prevention and management of violent individuals. Incidents of violence can occur anywhere. Contributing factors to individuals acting violently are alcohol, drugs or emotional disturbances. Managers must ensure that procedures are in place to enable all staff to appropriately deal with a violent situation should it arise. Communication between departments may also be vital in the successful handling of potentially violent situations. While management and colleagues will do all that is possible to try to reduce any risk of violence to employees, nevertheless it must be accepted that although preventative measures are put in place, aggressive episodes may occur with some individuals, regardless of the measures taken by employees to try to defuse a situation.
Preventing & Controlling Violence The following are guidelines on action that should be taken to reduce the risk of violence to employees. Employees should note that this list is not exhaustive and the extent to which the guidelines are implemented depends upon the degree of risk. At all times, employees must remember that their health and safety is of paramount importance. It is the responsibility of senior management to assess the risk of violence to others and to ensure that control measures are in place to provide a safe workplace and safe practices. This responsibility must be supported by the senior manager accountable for the speciality. Employees should be involved in the risk assessment process and may be accompanied by their managers, staff representatives etc. It is the responsibility of all staff to assess the degree of risk involved when faced with a potentially violent situation. Where possible the use of interpersonal skills should be used to reduce tension without physical intervention. Never return aggression as this can allow anger to escalate into violence. Adopt a calm, reasoned and reassuring attitude. Try and signal non-aggression. Speak gently, carefully and clearly. Avoid an aggressive stance – e.g. crossed arms, hands on hips. Every option and means of preventing, controlling and defusing a situation should be attempted before there is any physical intervention with a violent individual. Physical restraint should be avoided wherever possible, and may only be carried out where employees have received appropriate training. If the situation does escalate and control is being lost, try to withdraw, but NEVER turn your back. It is important that when violence occurs, the line manager is informed immediately, who then informs the senior member of management on duty. The senior manager must take full charge of the situation, calling the police,
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and for medical assistance where required, as well as advising the Chief Executive while ensuring that all staff are aware of their responsibilities. In the circumstances of an employee being required to attend a police station, he or she should be accompanied by a member of management. Employees must not attempt to manage violent situations individually and must not put themselves unnecessarily at risk. It is the individual employee’s responsibility to withdraw from the situation if the degree of risk appears too great. Other clients, colleagues etc. must also be protected, and, if necessary, removed to a place of safety. Employees must not take risks on behalf of the Company to protect Company property.
Training It is the Operation Manager’s responsibility to ensure that all employees within each department receive appropriate information, training and instruction with annual updates to enable them to deal with potential or actual violent situations. Examples include, but are not necessarily limited to: •
Provision of communication/assertiveness skills, methods of defusing and avoiding incidents for all employees including reception staff, caretakers, support staff, and administrators.
•
If deemed appropriate, the Company will supply appropriate release and restraint training for key personnel in the organisation.
Reporting Incidents All incidents, both physical and verbal, must be reported using the Incident Report Form shown at the end of this policy. It is the responsibility of each employee to report any incident of violence to his or her line manager who will then be responsible for notifying the Chief Executive of the incident. Such accidents are also reportable under RIDDOR.
Support for Staff involved in Incidents The Company will not tolerate any act of violence or aggression towards any of its employees and will support members of staff in making the appropriate reports. The Company will respond sympathetically to the needs of the employee who has been subjected to a violent ordeal. It is the responsibility of management
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to ensure that support, aftercare and counselling are made available to the employee.
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VIOLENT INCIDENT REPORT FORM EMPLOYEE DETAILS Name:
Home Tel. No:
Address:
Job Title:
Department: INCIDENT DETAILS
Date and Time of Incident: Place of Incident: Activity engaged in at time of incident:
Details of the incident, including any relevant events leading up to the incident:
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DETAILS OF ASSAILANT(S) Name(s): Address(es):
Male/Female:
Other Details: DETAILS OF WITNESS(ES)
Name(s): Address(es):
Male/Female:
Other Details: DETAILS OF OUTCOME
Was any physical injury received? If so give details:
Manager’s Comments:
Signature:
Date:
Health & Safety Officer’s Comments:
Signature:
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Date:
STRESS AT WORK Introduction In today’s busy business environments, it’s easy to become ‘snowed under’ trying to meet deadlines, keeping up a hectic work schedule, and achieving goals. Pushing water uphill is perhaps a most relevant analogy. So what can we do to reduce the levels of stress within our business and achieve a positive equilibrium of Work/Life Balance? Stress – A definition The Health and Safety Executive, in their guide describe stress as “the adverse reaction people have to excessive pressure”, and whilst recognising that stress is not a disease, they clearly state that if stress is intense and goes on for some time, it can lead to mental and physical ill health, including depression, heart disease and nervous breakdowns. It must be noted that stress and pressure are not the same. Certain levels of pressure often improve performance, but when demands and pressure on employees becomes excessive, they can lead to stress. Legal Obligations Employers have a duty under the Health and Safety at Work Act 1974 to ensure, so far as is reasonably practicable, that the workplace is safe and healthy, and under the Management of Health and Safety Regulations 1993 employers are further obliged to assess the nature and scale of risks to health in their workplace and take action wherever necessary. Within the Company, we welcome and accept our duty of care to the mental health and well-being of our employees during the course of their work. As with all potential hazards to the health, safety and welfare of our employees, we will adopt a proactive management strategy to reduce the effects of stress for all staff. Although the Company has no legal obligation to prevent ill-health caused by stress due to problems outside work, such as financial or domestic worries, nevertheless we recognise that non work problems can make it difficult for an employee to cope with normal pressures and consequently, this may affect his or her work performance. It is for this reason that the Company will treat all stress related problems fairly and with understanding. Any recording of information will conform with the latest Data Protection Regulations.
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Company Stress Policy Statement and Commitment The Company’s stress policy recognises that stress can be a considerable risk to both physical and mental health. This policy explains the action we are taking as an employer with regard to stress-related problems in the workplace. The aim is to prevent stress-related problems from occurring if possible, but also to state what will be done in the event of an employee being found to be suffering from stress. Management are committed to promoting a good, supportive climate and working environment, as well as a culture of openness and where stress is not seen as a personal weakness, and also where employees suffering from stress can access appropriate support. Pressure occurs in most jobs – each job brings its own set of tasks, responsibilities and day-to-day problems. It is these tasks and challenges at work which provide structure, improve motivation and are the key to a sense of achievement and job satisfaction. The ability to deal with pressure, however, is not limitless. The Company’s Occupational Health Adviser (OHA) is available to all employees. This service is confidential and information will only be divulged with the employee’s express consent. However, in certain circumstances, the OHA, with the knowledge of the employee, can advise on employment issues such as an employee’s ability to carry out their normal range of duties. The OHA will encourage and support activities which promote good health and a healthy lifestyle. GUIDELINES The Company policy on stress has been broken down into three, clearly defined areas: • • •
Prevention Recognition/Identification Intervention
Prevention There is no single or best way of preventing harmful levels of work related to stress. Likely sources can be linked to reducing budgetary levels and associate resources leading to excessive hours or unfulfilled expectations from the public; poor management practices; lack of job security; the increasing pace of and constant change; and domestic circumstances out with the workplace. Inverness Leisure recognises that prevention of harmful and excessive stress at the point of source is the most effective control measure. Our overall prevention strategy covers a wide range of organisational issues detailed below: Recruitment: the Company will follow a clearly defined selection and
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recruitment criteria and ensure that an appropriate level of support is provided throughout employees’ induction and probation. Training: the Company will ensure that employees are appropriately trained to fulfil their duties and will ensure that all employees receive meaningful development opportunities. Communication: the Company will maintain good levels of communication between management and employees at all times, with special emphasis given during periods of organisational and procedural changes within our company. Working Time: the Company will monitor workloads and working hours on an on-going basis to ensure that employees are not overworking or placing undue pressures upon themselves. Flexible working arrangements are encouraged. Overtime will also be monitored. We will also monitor holiday entitlements to ensure that all employees are fully using their basic statutory entitlements. Dignity at Work: the Company will actively address any forms of bullying, harassment or discrimination within the workplace and be vigilant to the signs of stress, offering additional support where appropriate. Job Design Workload Management: the Company will analyse jobs to ensure that there is plenty of variety, and avoiding short work cycles wherever possible. Jobs will have well-defined tasks and responsibilities. Recognition/Identification Management will endeavour to ensure early recognition and a consistent and systematic approach to the management of stress. It will be made clear to all employees, by their Line Managers, that admitting to stress does not indicate weakness or failure. Stress can manifest itself in many ways (see below) and may well affect different employees in a different way, even if the stressors are the same. Line Manager’s will reassure any employee reporting or displaying symptoms of stress, that he or she will not be discriminated against or stigmatised in any way. Some of the symptoms of stress: (this list is not exhaustive) Depression, Anxiety, Fatigue and Headaches, Irritable Bowel Syndrome, Irritability, Panic Attacks, Increased Alcohol Consumption, Poor Levels of Work, Absence, Increased Staff Turnover, Demotivated Employees, Lack of Concentration, reacting emotionally, negativity etc.
Intervention
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At Inverness Leisure, once it has been recognised that an employee is experiencing stress, the employee’s line manager will do all that is reasonable to ensure that the working environment is not exacerbating the problems experienced by the employee. Discussions will be held between the employee and his or her line manager with a view to developing a personal action plan to resolve the issue of stress. Some options which may be considered are: o o o o o o
Training and Development Buddying to provide coaching and support Change in working hours/shifts etc. Flexible working time, where appropriate Occupational Therapy and support Role changes
Employees’ responsibilities Although management have a responsibility for managing excessive workplace pressures, individual employees also have a clear responsibility to themselves and to others to minimise excessive pressures and demands by behaving responsibly, acting reasonably and reporting any concerns regarding stress to their line managers. Managers cannot be expected to act on stress-related problems they are unaware of. Employees should avoid unnecessary absence where possible. Excessive absence puts additional pressure on colleagues that may lead to stress in others. Support for employees Stress management is not a ‘stand-alone’ function. It must be recognised as part of the management of self, and of the organisation. Lack of skills, in a new role for example, can cause stress, and employees should not hesitate to approach their line managers to discuss training and development needs at any time. The Trade Unions represented throughout the Company are also able to provide support and direction.
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NO SMOKING POLICY Purpose This policy has been developed to protect all employees, service users, customers and visitors from exposure to second hand smoke and to assist compliance with legislation that prohibits smoking in enclosed public spaces. Exposure to second hand smoke, also known as passive smoking, increases the risk of lung cancer, heart disease and other illnesses. Ventilation or separating smokers and non-smokers within the same airspace does not completely stop potentially dangerous exposure. Implementation It is the Company’s policy that our workplace is smoke-free and all employees have a right to work in a smoke-free environment. Management are responsible for the implementation and monitoring of this policy and all employees are obliged to adhere to and facilitate the implementation of this policy. Smoking is prohibited throughout the entire workplace. This policy applies to all employees, workers and visitors. No Smoking signs have been put in place and are displayed at the entrance to the premises. Employees must not under any circumstances tamper with or attempt to remove or conceal the signage. In certain circumstances employees may be permitted to smoke outside the workplace with the express permission of management. Where this is permitted, management will advise employees of the designated areas. Exemptions Employees will be notified by Management of any areas within the premises which are exempt from this policy. Non – Compliance A breach of the No Smoking Policy will be a serious disciplinary matter, which, depending on the circumstances of the case, may be regarded as gross misconduct. Should an employee discover a visitor smoking within the premises, they should politely remind the visitor of the No Smoking Policy. Should an employee discover another employee smoking on the premises or within a Company vehicle, he or she should remind the employee of the No Smoking Policy, and should report the breach of policy to Management. Help to Stop Smoking
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There are various sources of support available for employees who wish to stop smoking. Employees may contact the Smokeline on 0800 848484. The local NHS Highland’s Public Health Department and many GP surgeries will also provide assistance.
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TRAINING POLICY The Company’s employees play a crucial role in ensuring business success. Wherever possible, all necessary steps will be taken to ensure that employees are provided with the training they require to perform their duties effectively at all stages of employment. The kinds of training that the Company provides fall into four broad categories: induction, on the job, in house and external. Induction Whenever a new employee joins the Company, it is his or her line manager’s duty to ensure that he or she is given a proper introduction to the workplace, colleagues, catering facilities, duties, health and safety and other procedures. The induction is initially a 2 day process which includes a variety of practical and theoretical work. Various policies and procedures are covered such as: DAY 1: • Tour of the Facility • Introduction from the SMT • Inverness Leisure User Group – Introduction • Personnel issues / Green Team • Fire and prevention • Normal Operating Procedures DAY 2: • Emergency Action Plan • Manual Handling • Health & Safety Policy • Chemical Training Following the 2 days of tuition, the new recruit is passed to a fully trained Associate member who will carry out a variety of Operational tasks. This would allow familiarisation of the theoretical work covered during the initial 2 days and invaluable hands on experience. There would include 3 (or more, dependent on Department) “mentoring shifts” in the appropriate Department, where the new employee would shadow the Mentor who would demonstrate the requirements of the role he or she had applied for. At the end of the shadowing / mentoring process the new recruit would be tested to demonstrate that they were competent / confident to enter their new role at Inverness Leisure.
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The on-going training plan at Inverness Leisure would follow the above and continue the learning process for individuals continuing professional development in their chosen role. The main purpose of the induction process is to enable a new employee to become productive as quickly and effectively as possible. Each induction process will be tailored to the individual employee. On the Job Training Very often, new skills can be gained as part of on the job training by recently trained and/or more experienced colleagues. Employees will undergo this kind of training from time to time throughout their employment with the Company. In House Training From time to time, the Company will bring outside trainers into the workplace and organise internal training courses. This form of training will often be triggered by the introduction of new equipment and working methods, and will be arranged when on the job training cannot be supplied. The Company will supply training for every frontline employee in the facility on a 12 week basis and in addition will supply 4 weekly training to the facilities Pool Life Guards. External Training External training may be provided in a variety of forms ranging from short courses of a few hours duration, through to lengthy courses leading to the award of qualifications. Where necessary, the Company will arrange for employees to undertake external training where this cannot be provided in house. Where a course has been paid for by the Company, the Certification presented following any course will be retained in the Employee’s Training File until such times as it expires or the employee leaves the Company (providing all accounts have been settled in accordance with the information hereafter).
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Cost Reimbursement Employees who undertake external training courses with cost implications will be required, before commencing the course, to sign an undertaking to repay a proportion of the costs of the course if they leave the Company’s employment within 24 months of the end of the course. Employees should note that “costs associated with training” will include all expenses incurred by the company excluding staffing costs. This requirement to repay the Company will be reduced by the Company as detailed below after the end of the course.
Leave prior to completion of the course or before 6 months from completion of the course - pay full amount Leave between 6 months to 12 months - 66% Leave between 12 months to 24 months – 33%.
The Right to request Time Off for Training All employees who have worked continuously for an employer for 26 weeks are entitled to request time off for study or training, with the following exceptions: •
Employees who are under 16 years old are not entitled to request time off for study or training;
•
Young workers aged between 17 and 18 years are not entitled to request time off for study or training where they already have a statutory right to time off to undertake training under the Education and Skills Act 2008.
The purpose of the request must be to undertake study or training which the employee believes will improve their effectiveness in the Company and the performance of the Company. Employees can request study or training that is delivered in whichever way they believe is most appropriate and effective. Under these procedures there is no limit on the amount of time or the amount of study or training an employee can request. Employees may request more than one piece of study or training in a single request. Employees do not have any entitlement to be paid for any time off that is agreed and The Company is not obligated to pay for, or fund, study or training in any way. Whilst the Company is not obliged to agree to a request for time of for study or training management will undertake to consider such requests seriously. The Company has the right to refuse a request where there are sound business reasons for doing so.
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Frequency of requests Employees can only make one request for time off for study or training in any rolling 12 month period. There are three circumstances which allow an employee to ask their employer to disregard an earlier request submitted within the previous 12 months: •
Where the employee notifies that they mistakenly submitted an earlier request within the previous 12 months and they wish to withdraw the earlier request;
•
Where the employee did not undertake study or training that was agreed after an earlier request because this study or training was cancelled (unless the study or training was cancelled due to the employee’s conduct); and
•
Where the employee failed to start the study or training that was agreed after an earlier request because of some unforeseen circumstances beyond the employee’s control.
In these circumstances, the Company will ignore the earlier request, and consider the employee’s present request. Request Procedure The employee must start the process with a written, dated request to senior management to request time off for study or training. The request should be submitted as far in advance as possible, and must provide clear information about the employee’s request and include the following information: •
A statement that the request is under section 63D Employment Rights Act 1996;
•
The subject matter of the proposed study or training;
•
Where and when the proposed study or training would take place;
•
Who will provide or supervise the study or training;
•
What qualification it will lead to (if any);
•
Details of how the employee thinks the proposed study or training will improve their effectiveness in the Company and the performance of the Company; and
•
The date and method that the employee’s last request (if any) was submitted.
On receipt of an application, the Company will either agree to the employee’s request or will arrange a meeting with the employee to discuss the request within 28 days. The employee has the right to be accompanied by a work colleague to any meeting. If a meeting is held to discuss the request, the Company will write to the
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employee within 14 calendar days of the meeting setting out the decision. Communicating decisions on Time Off to Train requests In the event that the Company agrees to a request, management will confirm in writing the following details: •
The subject of the study or training;
•
Where and when the study or training will take place and over what period;
•
Who will provide or supervise the study or training;
•
What qualification (if any) the study or training will lead to;
•
How the study or training time will be taken, e.g. whether it will be paid, unpaid or whether the employee must work flexibly whilst undertaking the study or training; and
•
How the cost of the study or training will be met.
In the event that the Company refuses a request, management will write to the employee setting out the following details: •
the grounds on which the request has been refused;
•
an explanation of why the ground applies;
•
the appeal procedure.
Appeal Procedure An employee can appeal in writing within 14 days of being notified that their request has been refused and must ensure that this appeal notice sets out the grounds of the appeal. Within 14 calendar days of receipt of an application, the Company will either agree to the employee’s request or will arrange an appeal meeting with the employee to discuss the appeal request. The employee has the right to be accompanied by a work colleague to any meeting. The Company will notify the employee of the result of the appeal meeting in writing, giving details as above, within 14 days of the appeal meeting.
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TRAINING COST AGREEMENT Between CALEDONIA COMMUNITY LEISURE LTD. and
(“the Employer”)
_______________________________________________________________ (“the Employee”) The Employer hereby agrees to meet the course fees / training costs incurred by the Employee in pursuing the following training course / course of study: _______________________________________________________________ (“the Training”) The course fees / training costs are as follows: _______________________________________________________________ (“the Training Costs”) It is a condition of the Employee’s employment that the Employee attends the Training in full and passes any exams satisfactorily. Where the Employee is unable to attend the Training, the Employee must notify the Employer by following the Absence Procedure. If the Employee fails to complete the Training or leaves the service of the Employer either prior to the completion of the Training, or within six months of the date of completion of the Training, then the Training Costs are to be paid back to the Employer in full by the Employee immediately upon the termination of the Employee’s employment. If the Employee leaves the service of the Employer at any point between six and twelve months of the date of completion of the Training, then the Training Costs required to be paid back by the Employee immediately upon the termination of the Employee’s employment will be two thirds of the full sum shown above. Similarly, if the Employee leaves at any point between 12 and 24 months of the date of completion of the Training, the Training Costs required to be paid back will be one third of the full sum shown above. (This agreement will not be applied where the Employee has retired from the Company) The Employer reserves the right to deduct from the Employee’s pay any money owed under this agreement, subject to the provisions of the Employment Rights Act 1996. The Employee by his or her signature agrees to the deduction of any monies owed from his or her pay.
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The Company reserves the right to deduct from your pay any money owed under this agreement, subject to the provisions of the Employment Rights Act 1996. Where there are insufficient funds to reclaim any amounts due, a further invoice will be issued for the appropriate balance due. I confirm that I have read, fully understand and agree to the above terms. I agree that any monies I owe to the Company under these terms may be deducted from my pay. Signed: _________________________________________________________ (for and on behalf of the Employer) NAME PRINTED: _________________________________________________ Date: __________________________________________________________
Signed: _________________________________________________________ (Employee) NAME PRINTED: _________________________________________________ Date: __________________________________________________________
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REDUNDANCY, SHORT TIME WORKING AND LAY OFF POLICY It is the Company’s intention to develop and expand its business and to provide security of employment for its employees. However, circumstances may arise when changes in the market, technology, organisational requirements, and similar developments, will lead to the need for reductions in employees. Where a redundancy situation arises, the Company will give consideration to alternative options, which may include: •
imposing a restriction on recruitment;
•
restricting the use of temporary and casual employees;
•
reducing the amount of overtime working;
•
implementing a period of temporary lay off or short time working where this is appropriate; or
•
considering applications for voluntary redundancy.
Where, after consideration of these and any other alternatives, management considers that the need for redundancies still remains, consultation will normally take place. Selection for redundancy will be based on criteria drawn up at the time and may include, but may not necessarily be limited to, some or all of the following: •
suitability for remaining work;
•
experience/qualifications;
•
conduct; and
•
attendance.
These criteria may be weighted differently depending on the circumstances, but will be assessed in an objective manner. The above criteria are subject to the Company’s requirement to retain specific knowledge, skills and a balanced workforce at all times. The Company reserves the right to introduce short time working or a period of temporary lay off without pay (with the exception of any statutory entitlements) where this is necessary to avoid redundancies or where there is a shortage of work.
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