Staff Handbook
CONTENTS
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CLAUSE
SCHEDULE
Schedule 36 Criminal records information and DBS checks policy.................................. 115
Staff Handbook
1. Introduction
1.1 Lapis Care
1.2 We are an equal opportunities employer and do not discriminate on the grounds of gender, sexual orientation, marital or civil partner status, pregnancy or maternity, gender reassignment, race, colour, nationality, ethnic or national origin, religion or belief, disability or age.
2. Using the Staff Handbook
2.1 This Staff Handbook sets out the main policies and procedures that you will need to be aware of while working for us. You should familiarise yourself with it and comply with it at all times. Any questions you may have with regard to its contents or what you have to do to comply with it should be referred to Lena Le Mesurier.
2.2 The policies and procedures set out in this handbook apply to all staff unless otherwise indicated. They therefore apply to managers, officers, directors, employees, consultants, contractors, trainees, homeworkers, part-time and fixed-term employees, casual and agency staff (collectively referred to as staff in this handbook). They do not form part of the terms of your contract with us, which are provided to you separately.
3. Responsibility for the Staff Handbook
3.1 Lena Le Mesurier have overall responsibility for this Staff Handbook and for ensuring that its policies and procedures comply with our legal obligations.
3.2 The Staff Handbook is reviewed regularly to ensure that its provisions continue to meet our legal obligations and reflect best practice.
3.3 Everyone should ensure that they take the time to read and understand the content of this handbook and act in accordance with its aims and objectives. Managers must ensure all staff understand the standards of behaviour expected of them and to take action when behaviour falls below those requirements.
4. Personal data
4.1 Whenever we process personal data about you in connection with our policies, we will process it in accordance with our Fair Processing Notice (Employee Data). We will only process your personal data if we have a lawful basis for doing so. We will notify you of the purpose or purposes for which we use it. Please see the GDPR Privacy Notice on the intranet for further information.
5. Emergency contact details
5.1 The Administrators are responsible for maintaining up-to-date details of your home address and the emergency contact telephone numbers of the person or persons you would like us to contact in the event of an emergency, for example if you have an accident. This information will be requested by your supervisor when you start work and you should advise us of any changes straight away. This information is held in confidence and will only be used when needed.
5.2 We will write separately to the person or persons whose contact details you have provided, notifying them of why we hold their details, namely that it is in your legitimate interests.
Schedule 1 Dress code
1. About this policy
1.1 We encourage everyone to maintain an appropriate standard of dress and personal appearance at work. The purpose of our dress code is to establish basic guidelines on appropriate clothing and appearance at our workplace, so that we:
(a) promote a positive and professional image;
(b) respect the needs of men and women from all cultures and religions;
(c) make any adjustments that may be needed because of disability;
(d) take account of health and safety requirements; and
(e) help staff and managers decide what clothing it is appropriate to wear to work.
1.2 Managers are responsible for ensuring that this dress code is observed and that a common sense approach is taken to any issues that may arise. Any enquiries regarding the operation of our dress code (including whether an article of clothing is suitable to wear to work) should be made to your supervisor.
1.3 Failure to comply with the dress code may result in action under our Disciplinary Procedure.
1.4 We will review our dress code periodically to ensure that it reflects appropriate standards and continues to meet our needs.
1.5 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Appearance
2.1 While working for us you represent us with service users and the public. Your appearance contributes to our reputation and the development of our business.
2.2 It is important that you appear clean and smart at all times when at work, particularly when you may be in contact with clients, other business contacts or the general public.
2.3 Different departments may have specific clothing requirements, for example, because their work is customer-facing or raises particular health and safety concerns. It is important that you dress in a manner appropriate to your working environment and the type of work you do.
2.4 Employees in certain roles may be required to wear uniforms consisting of a uniform scrub top, black or blue trousers and black or blue flat closed toe shoes which should be kept clean and neat. It is important that employees ensure they keep their arms bare below the elbow.
2.5 Employees in certain roles may be asked to cover up visible tattoos or to remove or cover up visible body piercings.
2.6 You should not wear casual, gym or beach wear to work. This includes track suits, sweat-shirts, t-shirts or shorts, combat trousers, jogging bottoms, denim, or leggings. Clothing should not be dirty, frayed or torn. Tops should not carry wording or pictures that might be offensive or cause damage to our reputation. It is inappropriate to wear cut-off shorts, crop tops, see-through material or clothing that exposes areas of the body normally covered at work.
2.7 Footwear must be safe and clean and take account of health and safety considerations. Stilettos and flip-flops are not acceptable.
2.8 Where we provide safety clothing and equipment, including protective footwear, it should be worn or used as appropriate and directed.
2.9 You should not wear clothing or jewellery that could present a health and safety risk.
2.10 You will be supplied with an identity badge that must be worn and visible at all times when you are at work.
3. Religious and cultural dress
3.1 You may wear appropriate religious and cultural dress (including clerical collars, head scarves, skullcaps and turbans) unless it creates a health and safety risk to you or any other person or otherwise breaches this policy.
3.2 Where necessary your supervisor can give further information and guidance on cultural and religious dress in the workplace.
3.3 Priority is at all times given to health and safety requirements. Where necessary, advice will be taken from Lena Le Mesurier.
Schedule 2 Expenses policy
1. About this policy
1.1 This policy deals with claims for reimbursement of expenses, including travel, accommodation and hospitality.
1.2 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Reimbursement of expenses
2.1 We will reimburse expenses properly incurred in accordance with this policy. Any attempt to claim expenses fraudulently or otherwise in breach of this policy may result in disciplinary action.
2.2 Expenses will only be reimbursed if they are:
(a) submitted to the Finance Director on the appropriate timesheet;
(b) submitted by the 21st of each month;
(c) supported by relevant documents (for example, VAT receipts, tickets, and credit or debit card slips); and
(d) authorised in advance where required.
2.3 Claims for authorised expenses submitted in accordance with this policy will be directly into your bank/building society account via payroll.
2.4 Any questions about the reimbursement of expenses should be put to the Finance Director before you incur the relevant costs.
3. Travel expenses
3.1 We will reimburse the reasonable cost of necessary travel in connection with our business. The most economic means of travel should be chosen if practicable and you should use existing travel cards or season tickets wherever possible. The following are not treated as travel in connection with our business:
(a) travel between your home and usual place of work;
(b) travel which is mainly for your own purposes; and
(c) travel which, while undertaken on our behalf, is similar or equivalent to travel between your home and your usual place of work.
3.2 Trains. We will reimburse the cost of standard class travel on submission of a receipt with an expenses claim form.
3.3 Taxis. We do not expect you to take a taxi when there is public transport available, unless it is cost effective due to a significant saving of journey time or the number of staff travelling together. A receipt should be obtained for submission with an expenses claim form.
3.4 Car. Where it is cost effective for you to use your car for business travel, and you have been authorised to do so, you can claim a mileage allowance on proof of mileage. Details of the current mileage rates can be obtained from the Accounts Department. You can also claim for any necessary parking costs which must be supported by a receipt or the display ticket.
3.5 We will not reimburse penalty fares or fines for parking or driving offences, other than at our discretion in exceptional circumstances.
4. Accommodation and other overnight expenses
4.1 We will reimburse your reasonable out-of-pocket expenses for overnight stays provided they are supported by receipts.
4.2 If you are required to stay away overnight in the course of your duties you should discuss accommodation arrangements with your supervisor in advance who will book your accommodation. If you are unsure as to what constitutes ‘reasonable’, please discuss this with your supervisor prior to incurring any expense.
Schedule 3 Equal opportunities policy
1. Equal opportunities statement
1.1 Lapis Care is committed to promoting equal opportunities in employment. You and any job applicants will receive equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (Protected Characteristics).
2. About this policy
2.1 This policy sets out our approach to equal opportunities and the avoidance of discrimination at work. It applies to all aspects of employment with us, including recruitment, pay and conditions, training, appraisals, promotion, conduct at work, disciplinary and grievance procedures, and termination of employment.
2.2 The Senior Leadership Team are responsible for this policy and any necessary training on equal opportunities.
2.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
3. Discrimination
3.1 You must not unlawfully discriminate against or harass other people including current and former employees, job applicants, clients, customers, suppliers and visitors. This applies in the workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts or when wearing a work uniform), and on work-related trips or events including social events.
3.2 The following forms of discrimination are prohibited under this policy and are unlawful:
(a) Direct discrimination: treating someone less favourably because of a Protected Characteristic. For example, rejecting a job applicant because of their religious views or because they might be gay.
(b) Indirect discrimination: a provision, criterion or practice that applies to everyone but adversely affects people with a particular Protected Characteristic more than others, and is not justified. For example, requiring a job to be done full-time rather than part-time would adversely affect women because they generally have greater childcare commitments than men. Such a requirement would be discriminatory unless it can be justified.
(c) Harassment: this includes sexual harassment and other unwanted conduct related to a Protected Characteristic, which has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is dealt with further in our Anti-harassment and Bullying Policy.
(d) Victimisation: retaliation against someone who has complained or has supported someone else's complaint about discrimination or harassment.
(e) Disability discrimination: this includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.
4. Recruitment and selection
4.1 Recruitment, promotion and other selection exercises such as redundancy selection will be conducted on the basis of merit, against objective criteria that avoid discrimination. Shortlisting should be done by more than one person if possible.
4.2 Vacancies should generally be advertised to a diverse section of the labour market. Advertisements should avoid stereotyping or using wording that may discourage particular groups from applying. They should include a short policy statement on equal opportunities and a copy of this policy will be made available on request.
4.3 Job applicants should not be asked questions which might suggest an intention to discriminate on grounds of a Protected Characteristic. For example, applicants should not be asked whether they are pregnant or planning to have children.
4.4 Job applicants should not be asked about health or disability before a job offer is made, except in the very limited circumstances allowed by law: for example, to check that the applicant could perform an intrinsic part of the job (taking account of any reasonable adjustments), or to see if any adjustments might be needed at interview because of a disability. Where necessary, job offers can be made conditional on a satisfactory medical check. Health or disability questions may be included in equal opportunities monitoring forms, which must not be used for selection or decision-making purposes.
5. Disabilities
5.1 If you are disabled or become disabled, we encourage you to tell us about your condition so that we can consider what reasonable adjustments or support may be appropriate.
6. Part-time and fixed-term work
6.1 Part-time and fixed-term employees should be treated the same as comparable full-time or permanent employees and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate), unless different treatment is justified.
7. Breaches of this policy
7.1 We take a strict approach to breaches of this policy, which will be dealt with in accordance with our Disciplinary Procedure. Serious cases of deliberate discrimination may amount to gross misconduct resulting in dismissal.
7.2 If you believe that you have suffered discrimination you can raise the matter through our Grievance Procedure or Anti-harassment and Bullying Policy. Complaints will be treated in confidence and investigated as appropriate.
7.3 You must not be victimised or retaliated against for complaining about discrimination. However, making a false allegation deliberately and in bad faith will be treated as misconduct and dealt with under our Disciplinary Procedure.
Schedule 4 Anti-harassment and bullying policy
1. About this policy
1.1 Lapis Care is committed to providing a working environment free from harassment and bullying and ensuring all staff are treated, and treat others, with dignity and respect.
1.2 This policy covers harassment or bullying which occurs at work and out of the workplace, such as on business trips or at work-related events or social functions. It covers bullying and harassment by staff (which may include consultants, contractors and agency workers) and also by third parties such as customers, suppliers or visitors to our premises.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. What is harassment?
2.1 Harassment is any unwanted physical, verbal or non-verbal conduct that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A single incident can amount to harassment.
2.2 It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.
2.3 Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. Harassment is unacceptable even if it does not fall within any of these categories.
2.4 Harassment may include, for example:
(a) unwanted physical conduct or "horseplay", including touching, pinching, pushing and grabbing;
(b) unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless);
(c) offensive e-mails, text messages or social media content;
(d) mocking, mimicking or belittling a person's disability.
2.5 A person may be harassed even if they were not the intended "target". For example, a person may be harassed by racist jokes about a different ethnic group if the jokes create an offensive environment.
3. What is bullying?
3.1 Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation.
3.2 Bullying can take the form of physical, verbal and non-verbal conduct. Bullying may include, by way of example:
(a) physical or psychological threats;
(b) overbearing and intimidating levels of supervision;
(c) inappropriate derogatory remarks about someone's performance;
3.3 Legitimate, reasonable and constructive criticism of a worker's performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.
4. If you are being harassed or bullied
4.1 If you are being harassed or bullied, consider whether you feel able to raise the problem informally with the person responsible. You should explain clearly to them that their behaviour is not welcome or makes you uncomfortable. If this is too difficult or embarrassing, you should speak to your supervisor, who can provide confidential advice and assistance in resolving the issue formally or informally.
4.2 If informal steps are not appropriate, or have not been successful, you should raise the matter formally under our Grievance Procedure.
4.3 We will investigate complaints in a timely and confidential manner. The investigation will be conducted by someone with appropriate experience and no prior involvement in the complaint, where possible. Details of the investigation and the names of the person making the complaint and the person accused must only be disclosed on a "need to know" basis. We will consider whether any steps are necessary to manage any ongoing relationship between you and the person accused during the investigation.
4.4 Once the investigation is complete, we will inform you of our decision. If we consider you have been harassed or bullied by an employee the matter will be dealt with under the Disciplinary Procedure as a case of possible misconduct or gross misconduct. If the harasser or bully is a third party such as a customer or other visitor, we will consider what action would be appropriate to deal with the problem. Whether or not your complaint is upheld, we will consider how best to manage any ongoing working relationship between you and the person concerned.
5. Protection and support for those involved
5.1 Staff who make complaints or who participate in good faith in any investigation must not suffer any form of retaliation or victimisation as a result. Anyone found to have retaliated against or victimised someone in this way will be subject to disciplinary action under our Disciplinary Procedure.
6. Record-keeping
6.1 Information about a complaint by or about an employee may be placed on the employee's personnel file, along with a record of the outcome and of any notes or other documents compiled during the process. These will be processed in accordance with our Fair Processing Notice (Employee Data).
Schedule 5 Anti-corruption and bribery policy
1. About this policy
1.1 It is our policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships.
1.2 Any employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. Any non-employee who breaches this policy may have their contract terminated with immediate effect.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time. It will be reviewed regularly.
2. Who must comply with this policy?
2.1 This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners.
3. What is bribery?
3.1 Bribe means a financial or other inducement or reward for action which is illegal, unethical, a breach of trust or improper in any way. Bribes can take the form of money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or any other advantage or benefit.
3.2 Bribery includes offering, promising, giving, accepting or seeking a bribe.
3.3 All forms of bribery are strictly prohibited. If you are unsure about whether a particular act constitutes bribery, raise it with your supervisor or a member of the Senior Leadership Team.
3.4 Specifically, you must not:
(a) give or offer any payment, gift, hospitality or other benefit in the expectation that a business advantage will be received in return, or to reward any business received;
(b) accept any offer from a third party that you know or suspect is made with the expectation that we will provide a business advantage for them or anyone else;
(c) give or offer any payment (sometimes called a facilitation payment) to a government official in any country to facilitate or speed up a routine or necessary procedure;
3.5 You must not threaten or retaliate against another person who has refused to offer or accept a bribe or who has raised concerns about possible bribery or corruption.
4. Gifts and hospitality
4.1 This policy does not prohibit the giving or accepting of reasonable and appropriate hospitality for legitimate purposes such as building relationships, maintaining our image or reputation, or marketing our products and services.
4.2 A gift or hospitality will not be appropriate if it is unduly lavish or extravagant, or could be seen as an inducement or reward for any preferential treatment (for example, during contractual negotiations or a tender process).
4.3 Gifts must be of an appropriate type and value depending on the circumstances and taking account of the reason for the gift. Gifts must not include cash or cash equivalent (such as vouchers), or be given in secret. Gifts must be given in our name, not your name.
4.4 Promotional gifts of low value such as branded stationery may be given to or accepted from existing customers, suppliers and business partners.
5. Record-keeping
5.1 You must declare and keep a written record of all hospitality or gifts given or received. You must also submit all expenses claims relating to hospitality, gifts or payments to third parties in accordance with our expenses policy and record the reason for expenditure.
5.2 All accounts, invoices, and other records relating to dealings with third parties including suppliers and customers should be prepared with strict accuracy and completeness. Accounts must not be kept "off-book" to facilitate or conceal improper payments.
6. How to raise a concern
6.1 If you are offered a bribe, or are asked to make one, or if you suspect that any bribery, corruption or other breach of this policy has occurred or may occur, you must report it in accordance with our Whistleblowing Policy as soon as possible.
Schedule 6 Anti-facilitation of tax evasion policy
1. Policy statement
1.1 We conduct all our business in an honest and ethical manner. We take a zero-tolerance approach to the facilitation of tax evasion, whether under UK law or under the law of any foreign country. We are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate, and to implementing and enforcing effective systems to counter tax evasion facilitation.
1.2 We take our legal responsibilities very seriously. We will uphold all laws relevant to countering tax evasion in all the jurisdictions in which we operate, including the Criminal Finances Act 2017.
2. About this policy
2.1 The purpose of this policy is to:
(a) set out our responsibilities, and the responsibilities of those working for us, in observing and upholding our position on preventing the criminal facilitation of tax evasion; and
(b) provide information and guidance to those working for us on how to recognise and avoid tax evasion.
2.2 This policy does not form part of any contract of employment or other contract to provide services, and we may amend it at any time.
3. Who does this policy apply to?
3.1 This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners, sponsors, or any other person associated with us, wherever located.
3.2 In this policy, third party means any individual or organisation you come into contact with during the course of your work for us, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisers, representatives and officials, politicians, and political parties.
4. Definition of tax evasion and facilitation
4.1 For the purposes of this policy:
(a) tax evasion means the offence of cheating the public revenue or fraudulently evading UK tax, and is a criminal offence. The offence requires an element of fraud, which means there must be deliberate action or omission with dishonest intent;
(b) foreign tax evasion means evading tax in a foreign country, provided that conduct is an offence in that country and would be a criminal offence if committed in the UK. As with tax evasion, the element of fraud means there must be deliberate action or omission with dishonest intent; and
(c) tax evasion facilitation means being knowingly concerned in, or taking steps with a view to, the fraudulent evasion of tax (whether UK tax or tax in a foreign country) by another person, or aiding, abetting, counselling or procuring the commission of that offence. Tax evasion facilitation is a criminal offence where it is done deliberately and dishonestly.
4.2 Under the Criminal Finances Act 2017, a separate criminal offence is automatically committed by a corporate entity or partnership where the tax evasion is facilitated by a person acting in the capacity of an "associated person" to that body. For the offence to be made out, the associated person must deliberately and dishonestly take action to facilitate the tax evasion by the taxpayer. If the associated person accidentally, ignorantly or negligently facilitates the tax evasion, then the corporate offence is not committed. The Company does not have to have deliberately or dishonestly facilitated the tax evasion itself; the fact that the associated person has done so creates the liability for the Company. This means that, as an employer, if we fail to prevent our employees, workers, agents or service providers facilitating tax evasion, we can face criminal sanctions including an unlimited fine, as well as exclusion from tendering for public contracts and damage to our reputation.
4.3 Tax evasion is not the same as tax avoidance or tax planning. Tax evasion involves deliberate and dishonest conduct. Tax avoidance is not illegal and involves taking steps, within the law, to minimise tax payable (or maximise tax reliefs).
4.4 In this policy, all references to tax include National Insurance contributions.
5. Your responsibilities
5.1 You must ensure that you read, understand and comply with this policy.
5.2 The prevention, detection and reporting of tax evasion and foreign tax evasion are the responsibility of all those working for us or under our control. You are required to avoid any activity that might lead to, or suggest, a breach of this policy.
5.3 You must notify the Finance Director, as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future. For example, if an employee or supplier asks to be paid into an offshore bank account without good reason, or a supplier asks to be paid in cash, indicating that the payment will not be subject to VAT. Further "red flags" that may indicate potential tax evasion or foreign tax evasion are set out in clause 13.
6. How to raise a concern
6.1 You are encouraged to raise concerns about any issue or suspicion of tax evasion or foreign tax evasion at the earliest possible stage.
6.2 If you become aware of any fraudulent evasion of tax (whether UK tax or tax in a foreign country) by another person in the course of your work, or you are asked to assist another person in their fraudulent evasion of tax (whether directly or indirectly), or if you believe or suspect that any fraudulent evasion of tax has occurred or may occur, whether in respect to UK tax or tax in a foreign country, you must report it to the Finance Director or report it in accordance with our Whistleblowing Policy as soon as possible.
6.3 If you are unsure about whether a particular act constitutes tax evasion or foreign tax evasion, raise it with the Finance Director as soon as possible. The corporate offence is only committed where you deliberately and dishonestly take action to facilitate the tax evasion or foreign tax evasion. If you do not take that action, then the offence is not made out. However, a deliberate failure to report suspected tax evasion or foreign tax evasion, or ignoring suspicious activity, could amount to criminal facilitation of tax evasion.
7. Protection
7.1 Individuals who raise concerns or report another's wrongdoing are sometimes worried about facing possible repercussions. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken.
7.2 We are committed to ensuring no one suffers any detrimental treatment as a result of:
(a) refusing to take part in, be concerned in or facilitate tax evasion or foreign tax evasion by another person;
(b) refusing to aid, abet, counsel or procure the commission of a tax evasion offence or a foreign tax evasion offence by another person; or
(c) reporting in good faith their suspicion that an actual or potential tax evasion offence or foreign tax evasion offence has taken place, or may take place in the future.
7.3 Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If you believe that you have suffered any of this treatment, you should inform the Finance Director immediately. If the matter is not remedied, and you are an employee, you should raise it formally using our Grievance Procedure, which is in this Staff Handbook.
8. Training and communication
8.1 Training on this policy forms part of the induction process for all individuals who work for us, and regular training will be provided as necessary. That training may form part of wider financial crime detection and prevention training.
8.2 Our zero-tolerance approach to tax evasion and foreign tax evasion must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and as appropriate after that.
9. Breaches of this policy
9.1 Any employee who breaches this policy will face disciplinary action, which could result in dismissal for misconduct or gross misconduct.
9.2 We may terminate our relationship with other individuals and organisations working on our behalf if they breach this policy.
10. Potential risk scenarios: "red flags"
10.1 The following is a list of possible red flags that may arise during the course of you working for us and which may raise concerns related to tax evasion or foreign tax evasion. The list is not intended to be exhaustive and is for illustrative purposes only.
10.2 If you encounter any of these red flags while working for us, you must report them promptly to the Finance Director or using the procedure set out in the Whistleblowing policy:
(a) you become aware, in the course of your work, that a third party has:
(i) made or intends to make a false statement relating to tax;
(ii) failed to disclose income or gains to, or to register with, HMRC (or the equivalent authority in any relevant non-UK jurisdiction);
(iii) delivered or intends to deliver a false document relating to tax; or
(iv) set up or intends to set up a structure to try to hide income, gains or assets from a tax authority.
(b) you become aware, in the course of your work, that a third party has deliberately failed to register for VAT (or the equivalent tax in any relevant non-UK jurisdiction) or failed to account for VAT;
(c) a third party requests payment in cash or refuses to sign a formal commission or fee agreement, or to provide an invoice or receipt for a payment made;
(d) you become aware, in the course of your work, that a third party working for us as an employee asks to be treated as a self-employed contractor, but without any material changes to their working conditions;
(e) a supplier or other subcontractor is paid gross when they should have been paid net, under a scheme such as the Construction Industry Scheme;
(f) a third party requests that payment is made to a country or geographic location different from where the third party resides or conducts business;
(g) a third party to whom we have provided services requests that their invoice is addressed to a different entity, where we did not provide services to that entity directly;
(h) a third party to whom we have provided services asks us to change the description of services rendered on an invoice in a way that seems designed to obscure the nature of the services provided;
(i) you receive an invoice from a third party that appears to be non-standard or customised;
(j) a third party insists on the use of side letters or refuses to put terms agreed in writing or asks for contracts or other documentation to be backdated;
(k) you notice that we have been invoiced for a commission or fee payment that appears too large or too small, given the service stated to have been provided;
(l) a third party requests or requires the use of an agent, intermediary, consultant, distributor or supplier that is not typically used by or known to us.
Schedule 7 Whistleblowing policy
1. About this policy
1.1 We are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards. Any suspected wrongdoing should be reported as soon as possible.
1.2 This policy covers all employees, officers, consultants, contractors, casual workers and agency workers.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. What is whistleblowing?
2.1 Whistleblowing is the reporting of suspected wrongdoing or dangers in relation to our activities. This includes bribery, facilitation of tax evasion, fraud or other criminal activity, miscarriages of justice, health and safety risks, damage to the environment and any breach of legal or professional obligations.
3. How to raise a concern
3.1 We hope that in many cases you will be able to raise any concerns with your manager. However, where you prefer not to raise it with your manager for any reason, you should contact a Member of the Senior Leadership Team. Contact details are at the end of this policy.
3.2 We will arrange a meeting with you as soon as possible to discuss your concern. You may bring a colleague or union representative to any meetings under this policy. Your companion must respect the confidentiality of your disclosure and any subsequent investigation.
4. Confidentiality
4.1 We hope that staff will feel able to voice whistleblowing concerns openly under this policy. Completely anonymous disclosures are difficult to investigate. If you want to raise your concern confidentially, we will make every effort to keep your identity secret and only reveal it where necessary to those involved in investigating your concern.
5. External disclosures
5.1 The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. In most cases you should not find it necessary to alert anyone externally.
5.2 The law recognises that in some circumstances it may be appropriate for you to report your concerns to an external body such as a regulator. We strongly encourage you to seek advice before reporting a concern to anyone external. Protect operates a confidential helpline. Their contact details are at the end of this policy.
6. Protection and support for whistleblowers
6.1 We aim to encourage openness and will support whistleblowers who raise genuine concerns under this policy, even if they turn out to be mistaken.
6.2 Whistleblowers must not suffer any detrimental treatment as a result of raising a genuine concern. If you believe that you have suffered any such treatment, you should inform a Member of the Senior Leadership Team immediately. If the matter is not remedied you should raise it formally using our Grievance Procedure.
6.3 You must not threaten or retaliate against whistleblowers in any way. If you are involved in such conduct you may be subject to disciplinary action.
6.4 However, if we conclude that a whistleblower has made false allegations maliciously, the whistleblower may be subject to disciplinary action.
6.5 Protect operates a confidential helpline. Their contact details are at the end of this policy.
7. Contacts
Finance Director
Graeme Blacklock
07941 945982
Graeme.blacklock@lapiscare.com
Protect
(Independent whistleblowing charity)
Helpline: 0203 117 2520
Website: www.protect-advice.org.uk
Schedule 8 Holidays policy
1. About this policy
1.1 This policy sets out our arrangements for staff wishing to take holidays (also known as annual leave).
1.2 This policy covers all staff at all levels and grades, including full-time, part-time, permanent and fixed-term employees, managers, directors, trainees, and homeworkers.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time. We may also vary the policy as appropriate in any case.
2. Your holiday entitlement
2.1 The Company's holiday year runs from 1 April to 31 March. If your employment starts or finishes part way through the holiday year, your holiday entitlement during that year shall be calculated on a pro-rata basis rounded up to the nearest whole day.
2.2 Unless otherwise set out in your employment contract, you are entitled to 28 days' paid holiday in each holiday year, or the pro rata equivalent if you work part time. This includes the usual public holidays in England and Wales or days in lieu where we require staff to work on a public holiday.
2.3 For the avoidance of doubt, the leave you take in any holiday year shall be deemed to be the leave carried forward from any previous leave year, followed by any leave derived from regulation 13 of the Working Time Regulations 1998 (SI 1998/1833) derived from regulation 13A of those regulations and the remainder shall be deemed to be company annual leave.
2.4 Except as set out in this policy, holiday entitlement must be taken during the holiday year in which it accrues. Any holiday not taken by the end of the holiday year will be lost and you will not receive any payment in lieu.
2.5 Unused holiday can only be carried over to another holiday year:
(a) in cases involving sickness absence, as set out in paragraph 5;
(b) in cases of maternity, paternity, adoption, parental, parental bereavement or shared parental leave, as set out in paragraph 6;
(c) in any other case where your supervisor has given permission in writing limited to no more than one week and to be taken in the first three months of the next leave year; and
(c) if otherwise required by law.
3. Taking holiday
3.1 All holiday must be approved in advance by your supervisor. You should normally give at least four weeks' notice of holiday requests to allow planning of rotas or work schedules where necessary. You must not make travel bookings until approval has been given.
3.2 You may be required to confirm as part of your holiday request your destination of travel if any and may be required to produce evidence as to any booking made. The destination of travel and the ability to work on your return depending factoring in any quarantine regulations will be considered before approval by your supervisor is confirmed. We may advise against certain areas of travel due to the risks and consequences regarding quarantine and the associate costs.
3.3 Please bear in mind that the Government guidance in relation to foreign travel may change with little or no notice. You must follow the Government guidance applicable from time to time and may be required to self isolate or quarantine as a consequence.
3.4 Should you be unable to return to work at your usual place of work on your return from holiday you should notify your supervisor immediately who will confirm the arrangements that will then apply to your absence from work.
3.5 If you are able to work from home you may be required to do so during any period of self-isolation or quarantine. If so you will continue to be paid as normal. If it is not possible to accommodate a homeworking arrangement either due to the nature of your role or because you are required to stay in a managed quarantine hotel you will need to take annual leave to cover any period of absence. If you have insufficient accrued holiday to cover the period of absence then we may refuse your request for annual leave or if the self isolation or quarantine is unexpected or your circumstances change whilst on holiday you may be granted unpaid leave to cover the remainder of your absence. Please be aware that if you are unable to return to work and you cannot work from home or remotely you may not be entitled to any pay for your extended absence. You will not be entitled to sick pay (statutory or otherwise) unless you are sick and unable to work in which case you will be required to comply with our sickness absence policy in terms of notification and evidence of ill health.
3.6 We may require you to take (or not to take) holiday on particular dates, including when the business is closed, particularly busy, or during your notice period and to particular destinations.
3.7 We reserve the right to cancel any holiday granted at any time. If we choose to do so we will give as much notice as we are able to do given the particular circumstances and will in any event comply with the statutory requirement to provide notice of cancellation from time to time.
4. Sickness during periods of holiday
4.1 If you are sick or injured during a holiday period and would have been incapable of work, you may choose to treat the period of incapacity as sick leave and reclaim the affected days of holiday.
4.2 Employees already on sick leave before a pre-arranged period of holiday may choose to cancel any days of holiday that coincide with the period of incapacity and treat them as sick leave.
4.3 Company sick pay will only be paid for such days if you comply with our Sickness Absence Policy, including notifying your manager immediately of your incapacity and obtaining medical evidence, even if you are abroad.
4.4 Dishonest claims or other abuse of this policy will be treated as misconduct under our disciplinary procedure.
5. Long-term sickness absence and holiday entitlement
5.1 Holiday entitlement continues to accrue during periods of sick leave.
5.2 If you are on a period of sick leave which spans two holiday years, or if you return to work after sick leave so close to the end of the holiday year that you cannot reasonably take your remaining holiday, you may carry over unused holiday to the following leave year.
5.3 Carry over under this rule is limited to the four-week minimum holiday entitlement under EU law (which includes bank holidays), less any leave taken during the holiday year that has just ended. If you have taken four weeks' holiday by the end of the holiday year, you will not be allowed to carry anything over under this rule. If you have taken less than four weeks, the remainder may be carried over under this rule. For example, a full time employee who has taken two weeks' holiday plus two bank holidays before starting long-term sick leave can only carry over one week and three days. This limit does not affect your right to carry over holiday under paragraph 2.5.
5.4 Any holiday that is carried over under this rule but is not taken within 18 months of the end of the holiday year in which it accrued will be lost.
5.5 Alternatively you can choose to take your paid holiday during your sick leave, in which case you will be paid at your normal rate.
6. Family leave and holiday entitlement
6.1 Holiday entitlement continues to accrue during periods of maternity, paternity, adoption, parental, parental bereavement or shared parental leave (referred to collectively in this policy as family leave).
6.2 If you are planning a period of family leave that is likely to last beyond the end of the holiday year, you should discuss your holiday plans with your manager in good time before starting your family leave. Any holiday entitlement for the year that cannot reasonably be taken before starting your family leave can be carried over to the next holiday year.
6.3 For the avoidance of doubt this covers your full holiday entitlement.
6.4 Any holiday carried over should be taken immediately before returning to work or within three months of returning to work after the family leave.
7. Arrangements on termination
7.1 On termination of employment you may be required to use any remaining holiday entitlement during your notice period. Alternatively, you will be paid in lieu of any accrued but untaken holiday entitlement for the current holiday year to date, plus any holiday permitted to be carried over from previous years under this policy or as required by law. You are entitled to be paid at a rate of 1/365th of your full-time equivalent basic salary for each day of untaken entitlement.
Schedule 9 Disciplinary and capability procedure
1. About this procedure
1.1 This procedure is intended to help maintain standards of conduct and performance and to ensure fairness and consistency when dealing with allegations of misconduct or poor performance.
1.2 Minor conduct or performance issues can usually be resolved informally with your supervisor. This procedure sets out formal steps to be taken if the matter is more serious or cannot be resolved informally.
1.3 This procedure applies to all employees regardless of length of service. It does not apply to agency workers or self-employed contractors.
1.4 This procedure does not form part of any employee's contract of employment and we may amend it at any time.
2. Investigations
2.1 Before any disciplinary hearing is held, the matter will be investigated. Any meetings and discussions as part of an investigation are solely for the purpose of fact-finding and no disciplinary action will be taken without a disciplinary hearing.
2.2 In some cases of alleged misconduct, we may need to suspend you from work while we carry out the investigation or disciplinary procedure (or both). While suspended, you should not visit our premises or contact any of our clients, customers, suppliers, contractors or staff, unless authorised to do so. Suspension is not considered to be disciplinary action.
3. The hearing
3.1 We will give you written notice of the hearing, including sufficient information about the alleged misconduct or poor performance and its possible consequences to enable you to prepare. You will normally be given copies of relevant documents and witness statements.
3.2 You may be accompanied at the hearing by a trade union representative or a colleague, who will be allowed reasonable paid time off to act as your companion.
3.3 You should let us know as early as possible if there are any relevant witnesses you would like to attend the hearing or any documents or other evidence you wish to be considered.
3.4 We will inform you in writing of our decision, usually within one week of the hearing.
4. Disciplinary action and dismissal
4.1 The usual penalties for misconduct or poor performance are:
(a) Stage 1: First written warning. Where there are no other active written warnings on your disciplinary record, you will usually receive a first written warning. It will usually remain active for six months.
(b) Stage 2: Final written warning. In case of further misconduct or failure to improve where there is an active first written warning on your record, you will usually receive a final written warning. This may also be used without a first written warning for serious cases of misconduct or poor performance. The warning will usually remain active for 12 months.
(c) Stage 3: Dismissal or other action. You may be dismissed for further misconduct or failure to improve where there is an active final written warning on your record, or for any act of gross misconduct. Examples of gross misconduct are given below (paragraph 6). You may also be dismissed without a warning for any act of misconduct or unsatisfactory performance during your probationary period.
We may consider other sanctions short of dismissal, including demotion or redeployment to another role (where permitted by your contract), and/or extension of a final written warning with a further review period.
5. Appeals
5.1 You may appeal in writing within one week of being told of the decision.
5.2 The appeal hearing will, where possible, be held by someone other than the person who held the original hearing. Where there is no independent person at the Company to handle an appeal, we will instruct an external consultant. You may bring a colleague or trade union representative with you to the appeal hearing.
5.3 We will inform you in writing of our final decision as soon as possible, usually within one week of the appeal hearing. There is no further right of appeal.
6. Gross misconduct
6.1 Gross misconduct will usually result in dismissal without warning, with no notice or payment in lieu of notice (summary dismissal).
6.2 Gross misconduct is a serious breach of contract and includes misconduct which, in our opinion, is likely to prejudice our business or reputation or irreparably damage the working relationship and trust between us. This may include misconduct committed outside of work. The following are examples of matters that are normally regarded as gross misconduct:
(a) theft or fraud;
(b) physical violence or bullying;
(c) deliberate and serious damage to property;
(d) serious misuse of the organisation's property or name;
(e) deliberately accessing internet sites containing pornographic, offensive or obscene material;
(f) serious insubordination;
(g) unlawful discrimination, victimisation or harassment;
(h) bringing the organisation into serious disrepute;
(i) serious incapability at work brought on by alcohol or illegal drugs;
(j) causing loss, damage or injury through serious negligence;
(k) a serious breach of health and safety rules;
(l) a serious breach of confidence.
(m) unauthorised absence;
(n) unauthorised covert recordings; and
(o) engaging in activities whilst on sick leave which are incompatible with the reason given for your absence.
This list is intended as a guide and is not exhaustive.
Schedule 10 Grievance procedure
1. About this procedure
1.1 Most grievances can be resolved quickly and informally through discussion with your supervisor or the Senior Leadership Team. If this does not resolve the problem you should initiate the formal procedure set out below.
1.2 This procedure applies to all employees regardless of length of service. It does not apply to agency workers or self-employed contractors.
1.3 This procedure does not form part of any employee's contract of employment. It may be amended at any time and we may depart from it depending on the circumstances of any case.
2. Step 1: written grievance
2.1 You should put your grievance in writing and submit it to your supervisor. If your grievance concerns your supervisor you may submit it to a member of the Senior Leadership Team.
2.2 The written grievance should set out the nature of the complaint, including any relevant facts, dates, and names of individuals involved so that we can investigate it.
3. Step 2: meeting
3.1 We will arrange a grievance meeting, normally within one week of receiving your written grievance. You should make every effort to attend.
3.2 You may bring a companion to the grievance meeting if you make a reasonable request in advance and tell us the name of your chosen companion. The companion may be either a trade union representative or a colleague, who will be allowed reasonable paid time off from duties to act as your companion.
3.3 If you or your companion cannot attend at the time specified you should let us know as soon as possible and we will try, within reason, to agree an alternative time.
3.4 We may adjourn the meeting if we need to carry out further investigations, after which the meeting will usually be reconvened.
3.5 We will write to you, usually within one week of the last grievance meeting, to confirm our decision and notify you of any further action that we intend to take to resolve the grievance. We will also advise you of your right of appeal.
4. Step 3: appeals
4.1 If the grievance has not been resolved to your satisfaction you may appeal in writing to a Member of the Senior Team, stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.
4.2 We will hold an appeal meeting, normally within two weeks of receiving the appeal. This will be dealt with impartially by a more senior manager who has not previously been involved in the case. Where there is no independent person at the Company to handle an appeal, we will instruct an external consultant. You will have a right to bring a companion (see paragraph 3.2).
4.3 We will confirm our final decision in writing, usually within one week of the appeal hearing. There is no further right of appeal.
Schedule 11 Sickness absence policy
1. About this policy
1.1 This policy sets out our arrangements for sick pay and for reporting and managing sickness absence.
1.2 Abuse of sickness absence, including failing to report absence, falsely claiming sick pay or engaging in an activity incompatible with the reason for your absence will be treated as misconduct and/or gross misconduct under our Disciplinary Procedure.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Reporting when you are sick
2.1 If you cannot attend work because you are sick or injured you must telephone the office number stating the reason for your absence as soon as possible but no later than your start time on the first day of absence and everyday thereafter no later than 12:00pm.
3. Evidence of incapacity
3.1 You must complete a self-certification form for sickness absence of up to seven calendar days.
3.2 For absence of more than a week you must obtain a certificate from an eligible healthcare professional stating that you are not fit for work, giving the reason. You must also complete a self-certification form to cover the first seven days. If absence continues beyond the expiry of a certificate, a further certificate must be provided.
3.3 If an eligible healthcare professional provides a certificate stating that you "may be fit for work" you must inform your manager immediately. We will hold a discussion with you about how to facilitate your return to work, taking account of an eligible healthcare professional's advice. If appropriate measures cannot be taken, you will remain on sick leave and we will set a date for review.
4. Statutory sick pay
4.1 You may be entitled to Statutory Sick Pay (SSP) if you satisfy the relevant statutory requirements. Qualifying days for SSP are set out in your employment contract. The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks.
5. Company sick pay
5.1 After successfully completing your probationary period, and subject to paragraph 5.3, you will qualify for Company sick pay provided you comply with this policy and any further requirements set out in your contract. This does not affect any entitlement you may have to receive SSP for the same periods of sickness absence, although any sick pay you receive from the Company shall be inclusive of any SSP due to you.
5.2 Company sick pay is equal to your full basic salary for up to 10 days absence.
5.3 When this entitlement is exhausted, you will not qualify for Company sick pay until you have returned to work and worked for a total of 52 weeks, although this does not affect any entitlement you may have to receive further SSP.
5.4 Company sick pay is paid at our discretion and we may amend or withdraw the scheme at any time.
6. Return-to-work interviews
6.1 After a period of sick leave your manager may hold a return-to-work interview with you. The purposes may include:
(a) ensuring you are fit for work and agreeing any actions necessary to facilitate your return;
(b) confirming you have submitted the necessary certificates;
(c) updating you on anything that may have happened during your absence;
(d) raising any other concerns regarding your absence record or your return to work.
7. Managing long-term or persistent absence
7.1 The following paragraphs set out our procedure for dealing with long-term absence or where your level or frequency of short-term absence has given us cause for concern. The purpose of the procedure is to investigate and discuss the reasons for your absence, whether it is likely to continue or recur, and whether there are any measures that could improve your health and/or attendance. We may decide that medical evidence, or further medical evidence, is required before deciding on a course of action.
7.2 We will notify you in writing of the time, date and place of any meeting, and why it is being held. We will usually give you a week's notice of the meeting.
7.3 Meetings will be conducted by your supervisor and will normally be attended by a member of the Human Resources department.
7.4 You may bring a companion to any meeting or appeal meeting under this procedure. Your companion may be either a trade union representative or a colleague, who will be allowed reasonable paid time off from duties to act as your companion.
7.5 If you or your companion cannot attend at the time specified you should let us know as soon as possible and we will try, within reason, to agree an alternative time.
7.6 If you have a disability, we will consider whether reasonable adjustments may need to be made to the sickness absence meetings procedure, or to your role or working arrangements.
8. Medical examinations
8.1 We may ask you to consent to a medical examination by an eligible healthcare professional or occupational health professional or other specialist nominated by us (at our expense).
8.2 You will be asked to agree that any medical report produced may be disclosed to us and that we may discuss the contents of the report with the specialist and with our advisers. All medical reports will be kept confidential and held in accordance with our Fair Processing Notice (Employee Data).
9. Initial sickness absence meeting
9.1 The purposes of a sickness absence meeting or meetings will be to discuss the reasons for your absence, how long it is likely to continue, whether it is likely to recur, whether to obtain a medical report, and whether there are any measures that could improve your health and/or attendance.
9.2 In cases of long-term absence, we may seek to agree a return-to-work programme, possibly on a phased basis.
9.3 In cases of short-term, intermittent absence, we may set a target for improved attendance within a certain timescale.
10. If matters do not improve
10.1 If, after a reasonable time, you have not been able to return to work or if your attendance has not improved within the agreed timescale, we will hold a further meeting or meetings. We will seek to establish whether the situation is likely to change, and may consider redeployment opportunities at that stage. If it is considered unlikely that you will return to work or that your attendance will improve within a short time, we may give you a written warning that you are at risk of dismissal. We may also set a further date for review.
11. Final sickness absence meeting
11.1 Where you have been warned that you are at risk of dismissal, and the situation has not changed significantly, we will hold a meeting to consider the possible termination of your employment. Before we make a decision, we will consider any matters you wish to raise and whether there have been any changes since the last meeting.
12. Appeals
12.1 You may appeal against the outcome of any stage of this procedure. If you wish to appeal you should set out your appeal in writing to a member of the Senior Leadership Team, stating your grounds of appeal, within one week of the date on which the decision was sent or given to you.
12.2 If you are appealing against a decision to dismiss you, we will hold an appeal meeting, normally within two weeks of receiving the appeal. This will be dealt with impartially and, where possible, by a more senior manager who has not previously been involved in the case.
12.3 We will confirm our final decision in writing, usually within one week of the appeal hearing. There is no further right of appeal.
12.4 The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay.
Schedule 12 Time off for antenatal appointments policy
1. About this policy
1.1 This policy outlines the statutory right to take time off to attend antenatal appointments.
1.2 This policy applies to employees and agency workers. It does not apply to self-employed contractors.
1.3 If you are an agency worker, the rights set out in this policy only apply to you once you have worked in the same role with us for at least 12 continuous weeks (which may include more than one assignment). For these purposes we will ignore any breaks due to holiday or other leave to which you are entitled, breaks due to workplace closure.
1.4 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Time off if you are pregnant
2.1 If you are pregnant you may take reasonable paid time off during working hours for antenatal appointments. This may include any relaxation or parenting classes that an eligible healthcare professional, midwife or health visitor has advised you to attend. You should try to give us as much notice as possible of the appointment. Unless it is your first appointment, we may ask to see a certificate confirming your pregnancy and an appointment card.
3. Time off for accompanying a pregnant woman: eligibility
3.1 You may take unpaid time off to accompany a pregnant woman to an antenatal appointment if you have a "qualifying relationship" with the woman or the child. This means that either:
(a) you are the baby's father;
(b) you are the pregnant woman's spouse, civil partner or cohabiting partner;
(c) she has undergone assisted conception and at that time you were her wife or civil partner or gave the required legal notices to be treated in law as the second female parent; or
(d) you are one of the intended parents in a surrogacy arrangement and expect to obtain a parental order in respect of the child.
4. Time off for accompanying a pregnant woman: how to book time off
4.1 Please give us as much notice of the appointment as possible. You must provide us with a signed statement providing the date and time of the appointment and confirming:
(a) that you meet one of the eligibility criteria in paragraph 3;
(b) that the purpose of the time off is to accompany the pregnant woman to an antenatal appointment; and
(c) that the appointment has been made on the advice of a registered medical practitioner, registered midwife or registered nurse.
5. Time off for accompanying a pregnant woman: amount of time off
5.1 You may take time off to accompany a pregnant woman to up to two appointments in relation to each pregnancy.
5.2 You must not take more than six and a half hours off for each appointment, including travel and waiting time.
5.3 Time off to attend these appointments is unpaid.
5.4 If you wish to take time off to attend further antenatal appointments you should request annual leave.
Schedule 13 Time off for adoption appointments policy
1. About this policy
1.1 This policy outlines the statutory right to take time off to attend adoption appointments.
1.2 This policy applies to employees and agency workers. It does not apply to self-employed contractors.
1.3 If you are an agency worker, the rights set out in this policy only apply to you once you have worked in the same role with us for at least 12 continuous weeks (which may include more than one assignment). For these purposes we will ignore any breaks due to holiday or other leave to which you are entitled, breaks due to workplace closure.
1.4 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Time off for an adoption appointment
2.1 An adoption appointment is an appointment arranged by an adoption agency (or at the agency's request) for you to have contact with a child who is to be placed with you for adoption, or for any other purpose related to the adoption.
2.2 You may take time off to attend an adoption appointment once the agency has notified you that a child is to be placed with you for adoption but before the child is actually placed with you.
3. If you are adopting a child with another person
3.1 Where you and your partner are adopting a child, you must decide between you who will be treated as the primary adopter and who will be treated as the secondary adopter for the purposes of time off. You must tell us your decision the first time you request time off for an adoption appointment. This will affect how much time you can take off and whether it is paid.
3.2 You would usually choose to be the primary adopter if you intend to take adoption leave when the child is placed with you. You would not be able to take paternity leave if you have elected to be the primary adopter.
3.3 You would usually choose to be the secondary adopter if you intend to take paternity leave when the child is placed with you, although you may be able to take adoption leave if your partner is not taking it.
4. If you are adopting a child alone
4.1 If you are adopting a child alone, you are treated as the primary adopter.
5. If you are adopting more than one child
5.1 If the agency is placing more than one child with you as part of the same arrangement, this is treated as one adoption and will not increase the number of appointments you can take time off to attend. Any time off under this policy must be taken before the first child is placed with you.
6. Amount of time off
6.1 If you are adopting on your own or have elected to be the primary adopter, you may take paid time off to attend an adoption appointment on up to five occasions in relation to any particular adoption.
6.2 If you are the secondary adopter, you may take unpaid time off to attend an adoption appointment on up to two occasions only.
6.3 You must not take more than six and a half hours off for each appointment, including travel and waiting time.
7. How to book time off
7.1 Please give us as much notice of the appointment as possible. You must provide your manager with a signed statement or an email confirming:
(a) The date and time of the appointment.
(b) That the appointment has been arranged or requested by the adoption agency.
(c) Whether you are adopting a child alone or jointly with another person.
(d) If you are adopting with another person, whether you are electing to take paid or unpaid time off.
7.2 If you are an agency worker you may have to notify your agency as well. You should check with the agency.
7.3 We may sometimes ask you to try and rearrange an appointment where it is reasonable to do so. In exceptional circumstances we reserve the right to refuse a request for a particular appointment but we will not do so without good reason.
Schedule 14 Maternity policy
1. About this policy
1.1 This policy outlines the statutory rights and responsibilities of employees who are pregnant or have recently given birth, and sets out the arrangements for pregnancy-related sickness, health and safety, and maternity leave.
1.2 Arrangements for time off for antenatal care and to accompany a pregnant woman to antenatal appointments are set out in our Time off for Antenatal Appointments Policy.
1.3 In some cases you and your spouse or partner may be eligible to opt into the shared parental leave (SPL) scheme which gives you more flexibility to share the leave and pay available in the first year. You will need to give us at least eight weeks notice to opt into SPL, and you must remain on maternity leave until at least two weeks after birth. For information about SPL, see our Shared Parental Leave (Birth) Policy.
1.4 This policy only applies to employees and does not apply to agency workers or self-employed contractors. This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Entitlement to maternity leave
2.1 All employees are entitled to up to 52 weeks' maternity leave, consisting of 26 weeks' ordinary maternity leave (OML) and 26 weeks' additional maternity leave (AML).
3. Notification
3.1 Please inform us as soon as possible that you are pregnant. This is important as there may be health and safety considerations.
3.2 Before the end of the fifteenth week before the week that you expect to give birth (Qualifying Week), or as soon as reasonably practical afterwards, you must tell us:
(a) the week in which an eligible healthcare professional or midwife expects you to give birth (Expected Week of Childbirth); and
(b) the date on which you would like to start your maternity leave (Intended Start Date).
3.3 We will write to you within 28 days to tell you the date we will expect you to return to work if you take your full maternity leave entitlement (Expected Return Date).
3.4 Once you receive a certificate from an eligible healthcare professional or midwife confirming your Expected Week of Childbirth (MATB1), you must provide us with a copy.
4. Starting maternity leave
4.1 The earliest you can start maternity leave is 11 weeks before the Expected Week of Childbirth (unless your child is born prematurely before that date).
4.2 If you want to change your Intended Start Date please tell us in writing. You should give us as much notice as you can, but wherever possible you must tell us at least 28 days before the original Intended Start Date (or the new start date if you are bringing the date forward). We will then write to you within 28 days to tell you your new expected return date.
4.3 Your maternity leave should normally start on the Intended Start Date. However, it may start earlier if you give birth before your Intended Start Date, or if you are absent for a pregnancy-related reason in the last four weeks before your Expected Week of Childbirth. In either of those cases, maternity leave will start on the following day.
4.4 Shortly before your maternity leave is due to start we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave. Unless you request otherwise, you will remain on circulation lists for internal news, job vacancies, training and work-related social events.
4.5 The law says that we cannot allow you to work during the two weeks following childbirth.
5. Maternity pay
5.1 Statutory maternity pay (SMP) is payable for up to 39 weeks provided you have at least 26 weeks' continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. The first six weeks SMP are paid at 90% of your average earnings and the remaining 33 weeks are at a rate set by the government each year.
6. During maternity leave
6.1 With the exception of terms relating to pay, your terms and conditions of employment remain in force during OML and AML.
6.2 Holiday entitlement will continue to accrue during maternity leave. If your maternity leave will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your maternity leave can be carried over and must be taken immediately before returning to work unless your manager agrees otherwise. You should try to limit carry over to one week's holiday or less. Carry over of more than one week is at your manager's discretion. Please discuss your holiday plans with your manager in good time before starting your maternity leave. All holiday dates are subject to approval by your manager. If it is not possible to take your holiday within the timescales provided, you will be able to carry over and must use it within 18 months of your date of return to work.
6.3 If you are a member of the pension scheme, we shall make employer pension contributions during OML and any period of paid AML, based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any maternity pay you are receiving, unless you inform Lena Le Mesurier that you wish to make up any shortfall.
7. Keeping in touch
7.1 We may make reasonable contact with you from time to time during your maternity leave although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.
7.2 You may work (including attending training) on up to ten "keeping-in-touch" days during your maternity leave. This is not compulsory and must be discussed and agreed with your supervisor.
7.3 You will be paid at your normal basic rate of pay for time spent working on a keeping-in-touch day and this will be inclusive of any maternity pay entitlement.
8. Returning to work
8.1 You must return to work on the Expected Return Date unless you tell us otherwise. If you wish to return to work earlier than the Expected Return Date, you must give us eight weeks' prior notice of the date. It is helpful if you give this notice in writing. You may be able to return later than the Expected Return Date if you request annual leave or parental leave, which will be at our discretion.
8.2 You are normally entitled to return to work in the position you held before starting maternity leave, and on the same terms of employment. However, if you have taken AML and it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable.
8.3 If you want to change your hours or other working arrangements on return from maternity leave you should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.
8.4 If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.
Schedule 15 Adoption policy
1. About this policy
1.1 This policy sets out the arrangements for adoption leave and pay for employees who are:
(a) Adopting a child through a UK adoption agency.
(b) Fostering a child with a view to possible adoption.
(c) Having a child through a surrogate mother.
1.2 Adoptions from overseas are not dealt with in this policy but further information is available from your supervisor.
1.3 Arrangements for time off for adoption appointments are set out in our Time off for Adoption Appointments Policy.
1.4 In some cases you and your spouse or partner may be eligible to opt into the shared parental leave (SPL) scheme which gives you more flexibility to share the leave and pay available in the first year. You will need to give us at least eight weeks notice to opt into SPL, and one of you must take at least two weeks' adoption leave. For information about SPL, see our Shared Parental Leave (Adoption) Policy.
1.5 This policy only applies to employees and does not apply to agency workers or self-employed contractors. It does not form part of any employee's contract of employment and we may amend it at any time.
2. Entitlement to adoption leave
2.1 In an adoption case or a fostering for adoption case, you are entitled to adoption leave if all the following conditions are met:
(a) You are adopting a child through a UK adoption agency, or you are a local authority foster parent who has been approved as a prospective adopter.
(b) The adoption agency or local authority has given you written notice that it has matched you with a child, and tells you the date the child is expected to be placed into your care with a view to adoption (Expected Placement Date).
(c) You have told the agency or local authority that you agree to the placement.
2.2 Adoption leave may be available if you are adopting through an overseas adoption agency. Please contact your supervisor for information on eligibility and process.
2.3 In a surrogacy case, you are entitled to adoption leave if all the following conditions are met:
(a) A surrogate mother gives birth to a child, who is biologically the child of either you, or your spouse or partner (or both of you).
(b) You expect to be given parental responsibility under a parental order from the court. The child must live with you and you must apply for the parental order within six months of birth.
2.4 In either case, only one parent can take adoption leave. If your spouse or partner takes adoption leave with their employer you may be entitled to paternity leave (see our Paternity Leave Policy). In some cases you may also qualify for shared parental leave (see our Shared Parental Leave (Adoption) Policy).
2.5 The maximum adoption leave entitlement is 52 weeks, consisting of 26 weeks' Ordinary Adoption Leave (OAL) and 26 weeks' Additional Adoption Leave (AAL).
3. Notification requirements
3.1 In an adoption or fostering for adoption case, you must tell us in writing of the expected placement date, and your intended start date for adoption leave. You must give this information not more than seven days after the agency or local authority notifies you in writing that it has matched you with a child, or if that is not reasonably practicable, as soon as you can.
3.2 Once you receive the matching certificate issued by the adoption agency, you must provide us with a copy.
3.3 In a surrogacy case, you must tell us in writing of your intention to take adoption leave and give the expected week of childbirth (EWC). You must give this information by the end of the 15th week before the EWC, or if that is not reasonably practicable, as soon as you can. You must also complete a declaration confirming your entitlement. When the child is born you must tell us the date of birth.
3.4 We will write to you within 28 days of receiving your notification, to confirm your expected return date assuming you take your full entitlement to adoption leave.
4. Starting adoption leave
4.1 In an adoption or fostering for adoption case, OAL may start on a date of your choosing no more than 14 days before the expected placement date, or on the date of placement itself, but no later.
4.2 If you want to change your intended start date please tell us in writing. You should give as much notice as you can, but wherever possible you must tell us at least 28 days before the original intended start date (or the new start date if you are bringing the date forward). We will write to you within 28 days to tell you your new expected return date.
4.3 In a surrogacy case, OAL will start on the day the child is born, unless you are at work, in which case it will start on the following day. You cannot change the start date.
5. Adoption pay
5.1 Statutory adoption pay (SAP) is payable for up to 39 weeks provided you have at least 26 weeks' continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. The first six weeks SAP are paid at 90% of your average earnings and the remaining 33 weeks are at a rate set by the government each year. For further information please speak to your supervisor.
6. During adoption leave
6.1 All the terms and conditions of your employment remain in force during OAL and AAL, except for the terms relating to pay.
6.2 Holiday entitlement will continue to accrue at the rate provided under your contract. If your adoption leave will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your adoption leave can be carried over and must be taken immediately before returning to work unless your manager agrees otherwise. You should try to limit carry over to one week's holiday or less. Carry over of more than one week is at your manager's discretion. Please discuss your holiday plans with your manager in good time before starting your adoption leave. All holiday dates are subject to approval by your manager. If it is not possible to take your holiday within the timescales provided, you will be able to carry over and must use it within 18 months of your date of return to work.
6.3 If you are a member of the pension scheme, we shall make employer pension contributions during OAL and any further period of paid adoption leave based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any adoption pay you are receiving, unless you inform Lena Le Mesurier that you wish to make up any shortfall.
7. Keeping in touch
7.1 We may make reasonable contact with you from time to time during your adoption leave although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.
7.2 You may work (including attending training) on up to ten "keeping-in-touch" days during your adoption leave. This is not compulsory and must be discussed and agreed with your supervisor.
7.3 You will be paid at your normal basic rate of pay for time spent working on a keeping-in-touch day and this will be inclusive of any adoption pay entitlement.
8. Returning to work
8.1 You must return to work on the expected return date unless you tell us otherwise. If you wish to return to work early, you must give us at least eight weeks' notice of the date. It is helpful if you give this notice in writing. You may be able to return later than the expected return date if you request annual leave or parental leave, which will be at our discretion.
8.2 You are normally entitled to return to work in the position you held before starting adoption leave, on the same terms of employment. However, if you have taken AAL and it is not reasonably practicable for us to allow you to return to the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable.
8.3 If you want to change your hours or other working arrangements on return from adoption leave you should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.
8.4 If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.
Schedule 16 Paternity policy
1. About this policy
1.1 This policy outlines when an employee may be entitled to paternity leave and paternity pay, and sets out the arrangements for taking it.
1.2 This policy does not form part of any employee's contract of employment and we may amend it at any time.
1.3 You may be entitled to time off to accompany your partner to antenatal appointments or to attend adoption appointments. For more information see the Time Off For Antenatal Appointments Policy or the Time Off For Adoption Appointments Policy.
1.4 In some cases you and your partner may be eligible to opt into the shared parental leave (SPL) scheme which gives you more flexibility to share the leave and pay available in the first year. This applies where the Expected Week of Childbirth (EWC) starts on or after 5 April 2015, or if a child is placed with you for adoption on or after that date. This does not affect your right to take two weeks' paternity leave around the time of birth or placement. For information about SPL, see our Shared Parental Leave (Birth) and Shared Parental Leave (Adoption) Policies.
2. Entitlement to paternity leave
2.1 Paternity leave is available on the birth of a child if you have been continuously employed by us for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth and either:
(a) you are the biological father and will have some responsibility for the child's upbringing; or
(b) you are the partner (that is, spouse, civil partner or cohabiting partner) of the mother, and will have the main responsibility (with the mother) for the child's upbringing; or
(c) the child is born to a surrogate mother where you are, or your partner is, one of the child's biological parents, and you expect to obtain a parental order giving you and your partner legal responsibility for the child.
2.2 Paternity leave is available where a child is placed with you for adoption by an adoption agency, if you have been continuously employed by us for at least 26 weeks ending with the week in which the agency notifies you that you have been matched with a child.
2.3 In adoption or surrogacy cases you may be entitled to take adoption leave instead (see our Adoption Policy). However, adoption leave may only be taken by one parent. Paternity leave is available to the other parent (of either sex).
3. Taking paternity leave
3.1 Paternity leave is a period of one or two weeks' consecutive leave taken when a child is born or placed with you for adoption. You can start your leave on the date of birth or placement, or later, provided it is taken within eight weeks (56 days) of the birth or placement. (If the baby is premature the period ends eight weeks after the start of the Expected Week of Childbirth.)
3.2 To take paternity leave you must give us written notice by the end of the 15th week before the Expected Week of Childbirth (or no more than seven days after the adoption agency notified you of being matched with a child), or as soon as you reasonably can, stating:
(a) the Expected Week of Childbirth;
(b) whether you intend to take one week or two weeks' leave; and
(c) when you would like your leave to start.
3.3 You can change the intended start date by giving us 28 days' notice or, if this is not possible, as much notice as you can.
4. Paternity pay
4.1 Statutory paternity pay (SPP) is payable during paternity leave provided you have at least 26 weeks' continuous employment ending with the Qualifying Week (the 15th week before the Expected Week of Childbirth or the week in which the adoption agency notified you of a match) and your average earnings are not less than the lower earnings limit set by the government each tax year. The rate of SPP is set by the government each tax year.
5. During paternity leave
5.1 All the usual terms and conditions of your employment remain in force during paternity leave, except for the terms relating to pay.
5.2 Holiday entitlement will continue to accrue during paternity leave. If your paternity leave continues into the next holiday year, any remaining holiday that cannot reasonably be taken before your paternity leave can be carried over to the next holiday year and must be taken immediately before returning to work unless your manager agrees otherwise. You should try to limit carry over to one week's holiday or less. Carry over of more than one week is at your manager's discretion. If it is not possible to take your holiday within the timescales provided, you will be able to carry over and must use it within 18 months of your date of return to work.
5.3 If you are a member of our pension scheme, we will make employer pension contributions during paternity leave, based on your normal salary, in accordance with the scheme rules. Any employee contributions you make will be based on the amount of any paternity pay you are receiving, unless you inform Lena Le Mesurier that you wish to make up any shortfall.
Schedule 17 Shared parental leave (birth) policy
1. About this policy
1.1 This policy outlines the arrangements for shared parental leave and pay in relation to the birth of a child. If you are adopting a child please see the Shared Parental Leave (Adoption) Policy instead.
1.2 This policy applies to employees. It does not apply to agency workers or self-employed contractors.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Frequently used terms
2.1 The definitions in this paragraph apply in this policy.
Expected week of childbirth (EWC): the week, beginning on a Sunday, in which an eligible healthcare professional or midwife expects your child to be born.
Parent: One of two people who will share the main responsibility for the child's upbringing (and who may be either the mother, the father, or the mother's partner if not the father).
Partner: your spouse, civil partner or someone living with you in an enduring family relationship, but not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.
Qualifying Week: the fifteenth week before the EWC.
3. What is shared parental leave?
3.1 Shared parental leave (SPL) is a form of leave that gives you and your partner more flexibility in how to share the care of your child in the first year after birth than simply taking maternity and paternity leave. Assuming you are both eligible, you will be able to choose how to split the available leave between you, and can decide to be off work at the same time or at different times. You may be able to take leave in more than one block.
4. Entitlement to SPL
4.1 You are entitled to SPL in relation to the birth of a child if:
(a) you are the child's mother, and share the main responsibility for the care of the child with the child's father or with your partner;
(b) you are the child's father and share the main responsibility for the care of the child with the child's mother; or
(c) you are the mother's partner and share the main responsibility for the care of the child with the mother (where the child's father does not share the main responsibility with the mother).
4.2 The following conditions must also be fulfilled:
(a) you must have at least 26 weeks continuous employment with us by the end of the Qualifying Week, and still be employed by us in the week before the leave is to be taken;
(b) the other parent must have worked (in an employed or self-employed capacity) in at least 26 of the 66 weeks before the EWC and had average weekly earnings of at least £30 during 13 of those weeks; and
(c) you and the other parent must give the necessary statutory notices and declarations as summarised below, including notice to end any maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) periods.
4.3 The total amount of SPL available is 52 weeks, less the weeks spent by the child's mother on maternity leave (or the weeks in which the mother has been in receipt of SMP or MA if she is not entitled to maternity leave).
4.4 If you are the mother you cannot start SPL until after the compulsory maternity leave period, which lasts until two weeks after birth.
4.5 If you are the child's father or the mother's partner, you should consider using your two weeks' paternity leave before taking SPL. Once you start SPL you will lose any untaken paternity leave entitlement. SPL entitlement is additional to your paternity leave entitlement.
5. Opting in to shared parental leave and pay
5.1 Not less than eight weeks before the date you intend your SPL to start, you must give us a written opt-in notice giving:
(a) your name and the name of the other parent;
(b) if you are the child's mother, the start and end dates of your maternity leave;
(c) if you are 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 is 52 weeks minus the number of weeks' maternity leave, SMP or MA period taken or to be taken;
(e) how many weeks of the available SPL will be allocated to you and how many to the other parent (you can change the allocation by giving us a further written notice, and you do not have to use your full allocation);
(f) if you are 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);
(g) how many weeks of available ShPP will be allocated to you and how much to the other parent. (You can change the allocation by giving us a further written notice, and you do not have to use your full allocation);
(h) an indication of the pattern of leave you are thinking of taking, including suggested start and end dates for each period of leave (see paragraph 9 and paragraph 10 for information on taking leave). This indication will not be binding at this stage, but please give as much information as you can about your future intentions; and
(i) declarations by you and the other parent that you both meet the statutory conditions to enable you to take SPL and ShPP.
6. Ending your maternity leave
6.1 If you are the child's mother and want to opt into the SPL scheme, you must give us at least eight weeks' written notice to end your maternity leave (a curtailment notice) before you can take SPL. The notice must state the date your maternity leave will end. You can give the notice before or after you give birth, but you cannot end your maternity leave until at least two weeks after birth.
6.2 You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL scheme (see paragraph 5) or a written declaration that the other parent has given their employer an opt-in notice and that you have given the necessary declarations in that notice.
6.3 The other parent may be eligible to take SPL from their employer before your maternity leave ends, provided you have given the curtailment notice.
6.4 The curtailment notice is binding and cannot usually be revoked. You can only revoke a curtailment notice if maternity leave has not yet ended and one of the following applies:
(a) if you realise that neither you nor the other parent are in fact eligible for SPL or ShPP, in which case you can revoke the curtailment notice in writing up to eight weeks after it was given;
(b) if you gave the curtailment notice before giving birth, you can revoke it 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.
6.5 Once you have revoked a curtailment notice you will be unable to opt back into the SPL scheme, unless paragraph 6.4(b) applies.
7. Ending your partner's maternity leave or pay
7.1 If you are not the mother, but the mother is still on maternity leave or claiming SMP or MA, you will only be able to take SPL once she has either:
(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 maternity leave); or
(d) given the benefits office a curtailment notice to end her MA (if she is not entitled to maternity leave or SMP).
8. Evidence of entitlement
8.1 You must also provide on request:
(a) A copy of the birth certificate (or if you have not yet obtained a birth certificate, a signed declaration of the child's date and place of birth); and
(b) The name and address of the other parent's employer (or a declaration that they have no employer).
9. Booking your SPL dates
9.1 Having opted into the SPL system, you must book your leave by giving us a period of leave notice. This may be given at the same time as the opt-in notice or later, provided it is at least eight weeks before the start of SPL.
9.2 The period of leave notice can either give the dates you want to take leave or, if the child has not been born yet, it can state the number of days after birth that you want the leave to start and end. This may be particularly useful if you intend to take paternity leave starting on the date of birth and wish to take SPL straight afterwards.
9.3 Leave must be taken in blocks of at least one week.
9.4 If your period of leave notice gives a single continuous block of SPL you will be entitled to take the leave set out in the notice.
9.5 If your period of leave notice requests split periods of SPL, with periods of work in between, we will consider your request as set out in paragraph 10, below.
9.6 You can give up to three period of leave notices. This may enable you to take up to three separate blocks of SPL (although if you give a notice to vary or cancel a period of leave this will in most cases count as a further period of leave notice; see paragraph 11). In exceptional circumstances we may allow you to give more than three period of leave notices but there is no obligation for us to do so.
10. Procedure for requesting split periods of SPL
10.1 In general, a period of leave notice should set out a single continuous block of leave. We may be willing to consider a period of leave notice where the SPL is split into shorter periods with periods of work in between. It is best to discuss this with your manager and HR in good time before formally submitting your period of leave notice. This will give us more time to consider the request and hopefully agree a pattern of leave with you from the start.
10.2 If you want to request split periods of SPL, you must set out the requested pattern of leave in your period of leave notice. We will either agree to the request or start a two-week discussion period. At the end of that period, we will confirm any agreed arrangements in writing. If we have not reached agreement, you will be entitled to take the full amount of requested SPL as one continuous block, starting on the start date given in your notice (for example, if you requested three separate periods of four weeks each, they will be combined into one 12-week period of leave). Alternatively, you may:
(a) choose a new start date (which must be at least eight weeks after your original period of leave notice was given), and tell us within five days of the end of the two-week discussion period; or
(b) withdraw your period of leave notice within two days of the end of the two-week discussion period (in which case the notice will not be counted and you may submit a new one if you choose).
11. Changing the dates or cancelling your SPL
11.1 You can cancel a period of leave by notifying us in writing at least eight weeks before the start date in the period of leave notice.
11.2 You can change the start date for a period of leave by notifying us in writing at least eight weeks before the original start date or the new start date, whichever is earlier.
11.3 You can change the end date for a period of leave by notifying us in writing at least eight weeks before the original end date or the new end date, whichever is earlier.
11.4 You can combine discontinuous periods of leave into a single continuous period of leave. Since this will involve a change to the start date or end date of a period of leave, see paragraph 11.2 and paragraph 11.3 above which set out how much notice is required.
11.5 You can request that a continuous period of leave be split into two or more discontinuous periods of leave, with periods of work in between. Since this will involve a change to the start date or end date, see paragraph 11.2 and paragraph 11.3 above which set out how much notice is required for the request. We do not have to grant your request but will consider it as set out in paragraph 10.
11.6 A notice to change or cancel a period of leave will count as one of your three period of leave notices, unless:
(a) it is a result of your child being born earlier or later than the EWC;
(b) you are cancelling a request for discontinuous leave within two days of the end of the two-week discussion period under paragraph 10.2.
(c) it is at our request; or
(d) we agree otherwise.
12. Premature birth
12.1 Where the child is born early (before the beginning of the EWC), you may be able to start SPL in the eight weeks following birth even though you cannot give eight weeks notice. The following rules apply:
(a) If you have given a period of leave notice to start SPL on a set date in the eight weeks following the EWC, but your child is born early, you can move the SPL start date forward by the same number of days, provided you notify us in writing of the change as soon as you can. (If your period of leave notice already contained a start date which was a set number of days after birth, rather than a set date, then no notice of change is necessary.)
(b) If your child is born more than eight weeks early and you want to take SPL in the eight weeks following birth, please submit your opt-in notice and your period of leave notice as soon as you can.
13. Shared parental pay
13.1 You may be able to claim Statutory Shared Parental Pay (ShPP) of up to 39 weeks (less any weeks of SMP or MA claimed by you or your partner) if you have at least 26 weeks' continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. ShPP is paid by employers at a rate set by the government each year.
13.2 You should tell us in your period of leave notice(s) whether you intend to claim ShPP during your leave (and if applicable, for what period). If it is not in your period of leave notice you can tell us in writing, at least eight weeks before you want ShPP to start.
14. Other terms during shared parental leave
14.1 Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay.
14.2 Holiday entitlement will continue to accrue at the rate provided under your contract. If your SPL will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave can be carried over and must be taken immediately before returning to work unless your manager agrees otherwise. You should try to limit carry over to one week's holiday or less. Carry over of more than one week is at your manager's discretion. Please discuss your holiday plans with your manager in good time before starting SPL. All holiday dates are subject to approval by your manager. If it is not possible to take your holiday within the timescales provided, you will be able to carry over and must use it within 18 months of your date of return to work.
14.3 If you are a member of the pension scheme, we will make employer pension contributions during any period of paid SPL, based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any shared parental pay you are receiving, unless you inform Lena Le Mesurier that you wish to make up any shortfall.
15. Keeping in touch
15.1 We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.
15.2 You may ask or be asked to work (including attending training) on up to 20 "keeping-in-touch" days (KIT days) during your SPL. This is in addition to any KIT days that you may have taken during maternity leave. KIT days are not compulsory and must be discussed and agreed with your supervisor.
15.3 You will be paid at your normal basic rate of pay for time spent working on a KIT day and this will be inclusive of any shared parental pay entitlement.
16. Returning to work
16.1 If you want to end a period of SPL early, you must give us eight weeks' written notice of the new return date. If have already given us three period of leave notices you will not be able to end your SPL early without our agreement.
16.2 If you want to extend your SPL, assuming you still have unused SPL entitlement remaining, you must give us a written period of leave notice at least eight weeks before the date you were due to return to work. If you have already given us three period of leave notices you will not be able to extend your SPL without our agreement. You may instead be able to request annual leave or ordinary parental leave (see our Parental Leave Policy), subject to the needs of the business.
16.3 You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:
(a) if your SPL and any maternity or paternity leave you have taken adds up to more than 26 weeks in total (whether or not taken consecutively); or
(b) if you took SPL consecutively with more than four weeks of ordinary parental leave.
16.4 If you want to change your hours or other working arrangements on return from SPL you should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.
16.5 If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.
Schedule 18 Shared parental leave (adoption) policy
1. About this policy
1.1 This policy outlines the arrangements for shared parental leave and pay in relation to the adoption of a child. If you or your partner are pregnant or have given birth please see the Shared Parental Leave (Birth) Policy instead.
1.2 This policy applies to employees. It does not apply to agency workers or self-employed contractors.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Frequently used terms
2.1 The definitions in this paragraph apply in this policy.
Partner: your spouse, civil partner or someone living with you in an enduring family relationship at the time the child is placed for adoption, but not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew.
Qualifying Week: the week the adoption agency notifies you that you have been matched with a child for adoption.
3. What is shared parental leave?
3.1 Shared parental leave (SPL) is a form of leave that gives you and your partner more flexibility in how to share the care of your child in the first year after birth than simply taking maternity and paternity leave. Assuming you are both eligible, you will be able to choose how to split the available leave between you, and can decide to be off work at the same time or at different times. You may be able to take leave in more than one block.
4. Entitlement
4.1 You may be entitled to SPL if an adoption agency has placed a child with you and/or your partner for adoption, or where a child is placed with you and/or your partner as foster parents under a "fostering for adoption" or "concurrent planning" scheme. You must intend to share the main responsibility for the care of the child with your partner.
4.2 The following conditions must be fulfilled:
(a) you must have at least 26 weeks continuous employment with us by the end of the Qualifying Week, and still be employed by us in the week before the leave is to be taken;
(b) your partner must have worked (in an employed or self-employed capacity) in at least 26 of the 66 weeks before the Qualifying Week and had average weekly earnings of at least £30 during 13 of those weeks; and
(c) you and your partner must give the necessary statutory notices and declarations as summarised below, including notice to end adoption leave or statutory adoption pay (SAP).
4.3 Either you or your partner must qualify for statutory adoption leave and/or SAP and must take at least two weeks of adoption leave and/or pay.
4.4 If your partner is taking adoption leave and/or claiming SAP, you may be entitled to two weeks' paternity leave and pay (see our Paternity Leave Policy). You should consider using this before taking SPL. Paternity leave is additional to any SPL entitlement you may have, but you will lose any untaken paternity leave entitlement once you start a period of SPL.
4.5 The total amount of SPL available is 52 weeks, less the weeks of adoption leave taken by either you or your partner (or the weeks in which your partner has been in receipt of SAP if they were not entitled to adoption leave).
5. Opting in to shared parental leave and pay
5.1 Not less than eight weeks before the date you intend your SPL to start, you must give us a written opt-in notice which includes:
(a) your name and your partner's name;
(b) if you are taking adoption leave, your adoption leave start and end dates;
(c) if you are not taking adoption leave, your partner's adoption leave start and end dates, or if your partner is not entitled to adoption leave, the start and end dates of their SAP;
(d) the total SPL available, which is 52 weeks minus the number of weeks' adoption leave or SAP taken or to be taken by you or your partner;
(e) how many weeks of the available SPL will be allocated to you and how many to your partner (you can change the allocation by giving us a further written notice, and you do not have to use your full allocation);
(f) if you are claiming statutory shared parental pay (ShPP), the total ShPP available, which is 39 weeks minus the number of weeks of SAP taken or to be taken);
(g) how many weeks of the available ShPP will be allocated to you and how many to your partner (you can change the allocation by giving us a further written notice, and you do not have to use your full allocation);
(h) an indication of the pattern of leave you are thinking of taking, including suggested start and end dates for each period of leave (see paragraph 9 and paragraph 10 for information on taking leave). This indication will not be binding at this stage, but please give as much information as you can about your future intentions; and
(i) declarations by you and your partner that you both meet the statutory conditions to enable you to take SPL and ShPP.
6. Ending your adoption leave
6.1 If you are taking or intend to take adoption leave and want to opt into the SPL scheme, you must give us at least eight weeks' written notice to end your adoption leave (a curtailment notice). The notice must state the date your adoption leave will end. You can give the notice before or after adoption leave starts, but you must take at least two weeks' adoption leave.
6.2 You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL scheme (see paragraph 5) or a written declaration that your partner has given their employer an opt-in notice and that you have given the necessary declarations in that notice.
6.3 If your partner is eligible to take SPL from their employer they cannot start it until you have given us your curtailment notice.
6.4 The curtailment notice is binding on you and cannot usually be revoked. You can only revoke a curtailment notice if your adoption leave has not yet ended and one of the following applies:
(a) if you realise that neither you nor your partner are in fact eligible for SPL or ShPP, in which case you can revoke the curtailment notice in writing up to eight weeks after it was given;
(b) if your partner has died.
6.5 Once you have revoked a curtailment notice you will be unable to opt back in to the SPL scheme.
7. Ending your partner's adoption leave or pay
7.1 If your partner is taking adoption leave or claiming SAP from their employer, you will only be able to take SPL once your partner has either:
(a) returned to work;
(b) given their employer a curtailment notice to end adoption leave; or
(c) given their employer a curtailment notice to end SAP (if they are entitled to SAP but not adoption leave).
8. Evidence of entitlement
8.1 You must provide on request:
(a) One or more documents from the adoption agency showing the agency's name and address and the expected placement date; and
(b) The name and address of your partner's employer (or a declaration that they have no employer).
9. Booking your SPL dates
9.1 Having opted into the SPL system, you must book your leave by giving us a period of leave notice. This may be given at the same time as the opt-in notice or later, provided it is at least eight weeks before the start of SPL.
9.2 The period of leave notice can either give the dates you want to take SPL or, if the child has not been placed with you yet, it can state the number of days after the placement that you want the SPL to start and end. This may be particularly useful if you intend to take paternity leave starting on the date of placement and wish to take SPL straight afterwards.
9.3 Leave must be taken in blocks of at least one week.
9.4 If your period of leave notice gives dates for a single continuous block of SPL you will be entitled to take the leave set out in the notice.
9.5 If your period of leave notice requests split periods of SPL, with periods of work in between, we will consider your request as set out in paragraph 10, below.
9.6 You can give up to three period of leave notices. This may enable you to take up to three separate blocks of SPL (although if you give a notice to vary or cancel a period of leave this will in most cases count as a further period of leave notice; see paragraph 11). In exceptional circumstances we may allow you to give more than three period of leave notices but there is no obligation for us to do so.
10. Procedure for requesting split periods of SPL
10.1 In general, a period of leave notice should set out a single continuous block of leave. We may be willing to consider a period of leave notice where the SPL is split into shorter periods with periods of work in between. It is best to discuss this with your manager and HR in good time before formally submitting your period of leave notice. This will give us more time to consider the request and hopefully agree a pattern of leave with you from the start.
10.2 If you want to request split periods of SPL, you must set out the requested pattern of leave in your period of leave notice. We will either agree to the request or start a two-week discussion period. At the end of that period, we will confirm any agreed arrangements in writing. If we have not reached agreement, you will be entitled to take the full amount of requested SPL as one continuous block, starting on the start date given in your notice (for example, if you requested three separate periods of four weeks each, they will be combined into one 12-week period of leave). Alternatively, you may:
(a) choose a new start date (which must be at least eight weeks after your original period of leave notice was given), and tell us within five days of the end of the two-week discussion period; or
(b) withdraw your period of leave notice within two days of the end of the two-week discussion period (in which case it will not be counted and you may submit a new one if you choose).
11. Changing the dates or cancelling your SPL
11.1 You can cancel a period of leave by notifying us in writing at least eight weeks before the start date in the period of leave notice.
11.2 You can change the start date for a period of leave by notifying us in writing at least eight weeks before the original start date or the new start date, whichever is earlier.
11.3 You can change the end date for a period of leave by notifying us in writing at least eight weeks before the original end date or the new end date, whichever is earlier.
11.4 You can combine discontinuous periods of leave into a single continuous period of leave. Since this will involve a change to the start date or end date of a period of leave, see paragraph 11.2 and paragraph 11.3 above which set out how much notice is required.
11.5 You can request that a continuous period of leave be split into two or more discontinuous periods of leave, with periods of work in between. Since this will involve a change to the start date or end date, see paragraph 11.2 and paragraph 11.3 above which set out how much notice is required for the request. We do not have to grant your request but will consider it as set out in paragraph 10.
11.6 A notice to change or cancel a period of leave will count as one of your three period of leave notices, unless:
(a) the variation is a result of the child being placed with you earlier or later than the expected placement date;
(b) you are cancelling a request for discontinuous leave within two days of the end of the two-week discussion period under paragraph 10.2.
(c) the variation is at our request; or
(d) we agree otherwise.
12. Shared parental pay
12.1 You may be able to claim Statutory Shared Parental Pay (ShPP) of up to 39 weeks (less any weeks of SAP claimed by you or your partner) provided you have at least 26 weeks' continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax year. ShPP is paid at a rate set by the government each year.
12.2 You should tell us in your period of leave notice(s) whether you intend to claim ShPP during your leave (and if applicable, for what period). If it is not in your period of leave notice you can tell us in writing, at least eight weeks before you want ShPP to start.
13. Other terms during shared parental leave
13.1 Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay.
13.2 Holiday entitlement will continue to accrue at the rate provided under your contract. If your SPL will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave can be carried over and must be taken immediately before returning to work unless your manager agrees otherwise. You should try to limit carry over to one week's holiday or less. Carry over of more than one week is at your manager's discretion. Please discuss your holiday plans with your manager in good time before starting SPL. All holiday dates are subject to approval by your manager. If it is not possible to take your holiday within the timescales provided, you will be able to carry over and must use it within 18 months of your date of return to work.
13.3 If you are a member of the pension scheme, we will make employer pension contributions during any period of paid SPL, based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any shared parental pay you are receiving, unless you inform Lena Le Mesurier that you wish to make up any shortfall.
14. Keeping in touch
14.1 We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work.
14.2 You may ask or be asked to work (including attending training) on up to 20 "keeping-in-touch" days (KIT days) during your SPL. This is in addition to any KIT days that you may have taken during adoption leave. KIT days are not compulsory and must be discussed and agreed with your supervisor.
14.3 You will be paid at your normal basic rate of pay for time spent working on a KIT day and this will be inclusive of any shared parental pay entitlement.
15. Returning to work
15.1 If you want to end a period of SPL early, you must give us eight weeks' written notice of the new return date. If you have already given us three period of leave notices you will not be able to end your SPL early without our agreement.
15.2 If you want to extend your SPL, assuming you still have unused SPL entitlement remaining, you must give us a written notice at least eight weeks before the date you were due to return to work. If you have already given us three period of leave notices you will not be able to extend your SPL without our agreement. You may instead be able to request annual leave or ordinary parental leave (see our Parental Leave Policy), subject to the needs of our business.
15.3 You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances:
(a) if your SPL and any adoption or paternity leave you have taken adds up to more than 26 weeks in total (whether or not taken consecutively); or
(b) if you took SPL consecutively with more than four weeks of ordinary parental leave.
15.4 If you want to change your hours or other working arrangements on return from SPL you should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible.
15.5 If you decide you do not want to return to work you should give notice of resignation in accordance with your contract.
Schedule 19 Parental leave policy
1. About this policy
1.1 This policy summarises the statutory right of employees with at least one year's continuous service to take up to 18 weeks' unpaid parental leave in respect of each child.
1.2 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Entitlement to parental leave
2.1 To be eligible for parental leave, you must:
(a) have at least one year's continuous employment with us;
(b) have or expect to have responsibility for a child; and
(c) be taking the leave to spend time with or otherwise care for the child.
2.2 You have responsibility for a child if you are the biological or adoptive parent or have legal parental responsibility in some other way, for example under a court order.
2.3 Eligible employees are entitled to take up to 18 weeks' parental leave in relation to each child.
2.4 You must tell us of any parental leave you have taken while working for another employer as this counts towards your 18-week entitlement.
3. Taking parental leave
3.1 In most cases, parental leave can only be taken in blocks of a week or a whole number of weeks, and you may not take more than four weeks' parental leave a year in relation to each child. Parental leave can be taken up to the child's 18th birthday.
3.2 Special rules apply where your child is disabled, which for these purposes means entitled to a disability living allowance, armed forces independence allowance or personal independence payment. You can take parental leave in respect of that child in blocks of less than one week. However, there is still a limit of 4 weeks a year for each child and 18 weeks in total for each child.
4. Notification requirements
4.1 You must notify your supervisor of your intention to take parental leave at least 21 days in advance. It would be helpful if you can give this notice in writing. Your notification should include the start and end dates of the requested period of leave.
4.2 If you wish to start parental leave immediately on the birth of a child, you must give notice at least 21 days before the expected week of childbirth.
4.3 If you wish to start parental leave immediately on having a child placed with you for adoption, you should give notice at least 21 days before the expected week of placement, or if this is not possible, give as much notice as you can.
5. Evidence of entitlement
5.1 We may ask to see evidence of:
(a) your responsibility or expected responsibility for the child such as birth certificate, adoption or matching certificate, parental responsibility agreement or court order.
(b) the child's date of birth or date of adoption placement.
6. Our right to postpone parental leave
6.1 Although we will try to accommodate your request for parental leave, we may postpone your requested leave where it would unduly disrupt our business (for example, if it would leave us short-staffed or unable to complete work on time).
6.2 We will discuss alternative dates with you, and notify you in writing of the reason for postponement and the new start and end dates, within seven days of receiving your request for parental leave.
6.3 We cannot postpone parental leave if you have requested it to start immediately on the birth or adoption of a child.
6.4 We cannot postpone parental leave for more than six months, or beyond the child's 18th birthday (if sooner).
7. Terms and conditions during parental leave
7.1 Parental leave is unpaid. You will not be entitled to employer pension contributions in respect of the period of leave.
7.2 Your employment contract will remain in force, and holiday entitlement will continue to accrue. You will remain bound by your duties of good faith and confidentiality, and any contractual restrictions on accepting gifts and benefits, or working for another business.
Schedule 20 Time off for dependants policy
1. About this policy
1.1 The law recognises that there may be occasions when you need to take time off work to deal with unexpected events involving one of your dependants.
1.2 This time off for dependants policy gives all employees the right to take a reasonable amount of paid time off work to deal with certain situations affecting their dependants.
1.3 No-one who takes time off in accordance with this policy will be subjected to any detriment.
1.4 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Reasonable paid time off
2.1 You have a right to take a reasonable amount of paid time off work when it is necessary to:
(a) provide assistance when a dependant falls ill, gives birth, is injured or assaulted;
(b) make longer-term care arrangements for a dependant who is ill or injured;
(c) take action required in consequence of the death of a dependant;
(d) deal with the unexpected disruption, termination or breakdown of arrangements for the care of a dependant (such as a child-minder falling ill); and/or
(e) deal with an unexpected incident involving your child while a school or another educational establishment is responsible for them.
2.2 A dependant for the purposes of this policy is:
(a) your spouse, civil partner, parent or child;
(b) a person who lives in the same household as you, but who is not your tenant, lodger, boarder or employee; or
(c) anyone else who reasonably relies on you to provide assistance, make arrangements or take action of the kind referred to in paragraph 2.1.
2.3 This policy applies to time off to take action which is necessary because of an immediate or unexpected crisis. This policy does not apply where you need to take planned time off or provide longer-term care for a dependant. If this is the case, you should take advice from your supervisor.
2.4 Whether action is considered necessary will depend on the circumstances, including nature of the problem, the closeness of the relationship between you and the dependant, and whether anyone else is available to assist. Action is unlikely to be considered necessary if you knew of a problem in advance but did not try to make alternative care arrangements.
2.5 Reasonable time off in relation to a particular problem will not normally be more than two days in any 12-month rolling period. However, we will always consider each set of circumstances on their facts.
3. Exercising the right to time off
3.1 You will only be entitled to time off under this policy if, as soon as is reasonably practicable, you tell your supervisor:
(a) the reason for your absence; and
(b) how long you expect to be away from work.
3.2 If you fail to notify us as set out above, you may be subject to disciplinary proceedings under our Disciplinary Procedure for taking unauthorised time off.
3.3 We may in some cases ask you to provide evidence for your reasons for taking the time off, either in advance or on your return to work. Suspected abuse of this policy will be dealt with as a disciplinary issue under our Disciplinary Procedure.
Schedule 21 Compassionate leave policy
1. About this policy
1.1 Compassionate leave is designed to help you deal with traumatic personal circumstances such as the death of a close relative or where a close relative has a life-threatening illness or injury.
1.2 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. When compassionate leave may be available
2.1 You may take paid compassionate leave of up to seven days in any 12-month period where a close relative has died, is critically ill with a life-threatening illness, or has suffered a life-threatening injury. The Company may grant further paid compassionate leave on a case-by-case basis at its absolute discretion.
2.2 In the event of the death of a child, including a stillbirth, please see our Parental Bereavement Leave Policy which applies instead of this policy. We may grant further unpaid compassionate leave in this situation at our discretion.
2.3 We will consider requests for compassionate leave due to other traumatic events or difficult personal circumstances on a case by case basis.
2.4 If you are still unable to return to work following compassionate leave you should contact your supervisor. We may at our discretion grant you further unpaid compassionate leave in those circumstances. Alternatively, you may be able to take a period of annual leave, subject to your manager's approval.
3. Requesting compassionate leave
3.1 We recognise that it may not always be possible to request compassionate leave in advance. However, where it is possible, you should make a request to your supervisor. You should tell them the reasons for your request and the number of days leave you would like to take.
3.2 Where it is not possible to request leave in advance you should contact your supervisor as soon as possible to tell them the reason for your absence and the number of days you expect to be absent. Someone can do this on your behalf if necessary.
3.3 In exceptional circumstances we may have to refuse a request for compassionate leave and will give you a written explanation of the reasons. If you are dissatisfied with this decision you may make a complaint under our Grievance Procedure.
Schedule 22 Parental bereavement leave policy
1. About this policy
1.1 This policy sets out the arrangements for parental bereavement leave, which is a type of compassionate leave intended to help employees deal with the death of a child or a stillbirth after at least 24 weeks of pregnancy.
1.2 For compassionate leave in other circumstances, please see our Compassionate Leave Policy.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Entitlement to parental bereavement leave
2.1 You may be entitled to parental bereavement leave if your child or a child in your care has died or been stillborn after 24 weeks of pregnancy.
2.2 Parental bereavement leave can be one week, two consecutive weeks, or two separate weeks. It can be taken at any time during the first 56 weeks after the child's death.
2.3 Further unpaid compassionate leave may be available under our Compassionate Leave Policy at our discretion. Please speak to your manager if you require further time off in addition to parental bereavement leave.
3. Parental bereavement pay
3.1 You may qualify for statutory parental bereavement pay (SPBP) during parental bereavement leave if:
(a) you have at least 26 weeks' continuous employment ending on the Saturday before the child died; and
(b) you earn at least the lower earnings limit for class 1 national insurance contributions.
3.2 SPBP is only payable in respect of whole weeks of leave, at the same rate as statutory paternity pay. The rate is set by the government each tax year.
3.3 All employees are entitled to full pay during the first week of parental bereavement leave. This includes any statutory parental bereavement pay that may be payable for that week.
3.4 For hourly-paid employees, it is based on an average over a two-month period.
4. Leave in the first eight weeks
4.1 In the first eight weeks after a child has died, there is no need to give advance notice to take parental bereavement leave. Please notify your supervisor as soon as you can on the day you want your leave to start, preferably before the time you would normally start work, where possible. Someone can do this on your behalf if necessary.
4.2 If you have already started work, then your parental bereavement leave period will start on the following day. We would usually allow you to take the rest of the day off as compassionate leave.
4.3 You can cancel any planned parental bereavement leave in the first eight weeks by telling us at any time before the leave starts, and no later than the time you would normally start work on the first day of the leave period. You cannot cancel leave once it has started.
5. Leave after more than eight weeks
5.1 To take parental bereavement leave more than eight weeks after the child has died, please give your supervisor at least a week's written notice.
5.2 Parental bereavement leave can be cancelled with a week's written notice, and can be re-booked by giving a week's written notice.
6. Written confirmation
6.1 We will ask you to confirm the following information in writing within 28 days of starting any period of parental bereavement leave:
(a) your name;
(b) the date the child died or was stillborn;
(c) the dates of paid or unpaid parental bereavement leave taken; and
(d) your relationship to the child.
Schedule 23 Flexible working policy
1. About this policy
1.1 This flexible working policy gives eligible employees an opportunity to request a change to their working pattern.
1.2 We will deal with flexible working requests in a reasonable manner and within a reasonable time. In any event the time between making a request and notifying you of a final decision (including the outcome of any appeal) will be less than three months unless we have agreed a longer period with you.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Eligibility
2.1 To be eligible to make a flexible working request, you must:
(a) be an employee;
(b) have worked for us continuously for at least 26 weeks at the date your request is made; and
(c) not have made a flexible working request during the last 12 months (even if you withdrew that request).
3. What is a flexible working request?
3.1 A flexible working request under this policy means a request to do any or all of the following:
(a) to reduce or vary your working hours;
(b) to reduce or vary the days you work;
(c) to work from a different location (for example, from home).
4. Making a flexible working request
4.1 Your flexible working request should be submitted to us in writing and dated. It should:
(a) state that it is a flexible working request;
(b) explain the change being requested and propose a start date;
(c) identify the impact the change would have on the business and how that might be dealt with; and
(d) state whether you have made any previous flexible working requests.
5. Meeting
5.1 We will arrange a meeting at a convenient time and place to discuss your request. You may be accompanied at the meeting by a colleague of your choice. They will be entitled to speak and confer privately with you, but may not answer questions on your behalf.
5.2 We may decide to grant your request in full without a meeting, in which case we will write to you with our decision.
6. Decision
6.1 We will inform you in writing of our decision as soon as possible after the meeting.
6.2 If your request is accepted, we will write to you with details of the new working arrangements and the date on which they will commence. You will be asked to sign and return a copy of the letter.
6.3 If we cannot immediately accept your request we may require you to undertake a trial period before reaching a final decision on your request.
6.4 Unless otherwise agreed, changes to your terms of employment will be permanent.
6.5 We may reject your request for one or more of the following business reasons:
(a) the burden of additional costs;
(b) detrimental effect on ability to meet customer demand;
(c) inability to reorganise work among existing staff;
(d) inability to recruit additional staff;
(e) detrimental impact on quality;
(f) detrimental impact on performance;
(g) insufficiency of work during the periods that you propose to work; or
(h) planned changes.
6.6 If we are unable to agree to your request, we will write to tell you which of those reasons applies in your case. We will also set out the appeal procedure.
7. Appeal
7.1 You may appeal in writing within 14 days of receiving our written decision. This includes a decision following a trial period.
7.2 Your appeal must be dated and must set out the grounds on which you are appealing.
7.3 We will hold a meeting with you to discuss your appeal. You may bring a colleague to the meeting.
7.4 We will tell you in writing of our final decision as soon as possible after the appeal meeting, including reasons. There is no further right of appeal.
Schedule 2 Homeworking policy
1. About this policy
1.1 We support homeworking in appropriate circumstances either occasionally (to respond to specific circumstances or to complete particular tasks) and in some cases on a regular (full or part-time basis). In addition, occasional or permanent homeworking can, in certain circumstances, be a means of accommodating a disability and can be requested as a means of flexible working under our Flexible Working Policy.
1.2 This policy sets out how we will deal with requests for homeworking, and conditions on which homeworking will be allowed. If you are allowed to work from home you must comply with this policy.
1.3 This policy covers all employees, officers, consultants, contractors, casual workers and agency workers.
1.4 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Homeworking arrangements
2.1 There are a number of circumstances in which the ability to work from home on an occasional or temporary basis may be of benefit to you:
(a) when a dependant becomes unwell or arrangements for their care break down at short notice;
(b) when, despite being fit to work, travelling to the office is difficult (for example, due to recovery from an injury such as a broken leg);
(c) when public transport has been disrupted (for example by the weather or by a strike, that affects your travel arrangements); or
(d) when a quiet, uninterrupted work environment will assist in dealing with a backlog of administrative tasks or in writing reports to a deadline.
2.2 In these circumstances working at home can be authorised by your supervisor where, in their opinion:
(a) you have work that can be undertaken at home; and
(b) working at home is cost-effective and any increase in work that may be passed to your colleagues as a result is kept to a minimum.
2.3 Your supervisor will, where necessary, liaise with a member of the Senior Leadership Team to confirm arrangements.
2.4 You may want to vary your working arrangements so that, either permanently or for a fixed period, you work from home for all or part of your working week. Any request to work from home must meet the needs of our business as well as your needs.
3. Applying for homeworking
3.1 After successful completion of your probationary period, you can make an application for homeworking which will be considered on its merits. However, not all roles and not all jobs are suitable for homeworking.
3.2 A request for homeworking is unlikely to be approved, on either an occasional or permanent basis if:
(a) you need to be present in the office to perform your job (for example, because it involves a high degree of personal interaction with colleagues or third parties or involves equipment that is only available in the office);
(b) your most recent appraisal identifies any aspect of your performance as unsatisfactory;
(c) your supervisor has advised you that your current standard of work or work production is unsatisfactory;
(d) you have an unexpired warning, whether relating to conduct or performance; or
(e) you need supervision to deliver an acceptable quality and/or quantity of work.
3.3 If you wish to apply to work from home you will need to be able to show that you can:
(a) work independently, motivate yourself and use your own initiative;
(b) manage your workload effectively and complete work to set deadlines;
(c) identify and resolve any new pressures created by working at home; and
(d) adapt to new working practices including maintaining contact with your supervisor and colleagues at work.
3.4 To be considered for homeworking you must submit a written application to your supervisor. Your application must state:
(a) why you consider your job to be suitable for homeworking and how you meet the criteria for homeworking set out in paragraph 3.3;
(b) whether you wish to work from home on a permanent basis or for a fixed period. In either case you should state the date from which you wish the arrangements to start and, if you wish to work from home for a fixed period, the date on which you want the arrangements to finish. You should try to give us as much notice as possible and, in any event, make your application at least 4 weeks before your proposed start date so that your request can be considered;
(c) whether you wish to work from home for all or part of your working week and, if only part, which days you propose to work from home;
(d) how you would organise your work from home including how you would ensure the security of documents and information, where appropriate;
(e) the extent to which you could be available to come to work on days you are proposing to work from home if needed, for example to cover if colleagues are off sick, to cope with high or unexpected levels of work or to attend meetings or training days;
(f) if different from your current hours of work, the hours of work that you propose apply when you are working at home; and
(g) how you envisage maintaining contact with your supervisor, how your work will be set and progress monitored.
3.5 It may assist your application for homeworking if you first discuss your proposal with your supervisor informally. This may identify potential problems with your application, such as a need to be in the workplace on occasions you had not considered, which your application can then address.
3.6 In considering your application, your supervisor may invite you to a meeting to discuss your proposals.
3.7 We may also ask for you to agree to a home visit by Lena Le Mesurier in order to carry out a risk assessment, install or service equipment, or to reclaim equipment on termination of your homeworking arrangement.
3.8 We will try to respond to your request within 2weeks of your request.
3.9 If your request is refused we will give you written reasons for the refusal. If you are not happy with the decision you may appeal by using our Grievance Procedure.
3.10 If your application is accepted the agreed arrangements will be recorded in writing and may be subject to a trial period.
3.11 Any terms on which it is agreed that you may work from home will include the following:
(a) We reserve the right to terminate the homeworking arrangements, for example if your role changes such that homeworking is no longer suitable, subject to reasonable notice. If you want to terminate your homeworking arrangement, you must notify your manager in the first instance. We will only be able to accommodate your request if there is sufficient office space and a suitable desk for you.
(b) You will be subject to the same performance measures, processes and objectives that would apply if you worked at our premises.
(c) If you receive an unsatisfactory grade in an appraisal or are subject to a written warning for any reason your homeworking arrangements may be terminated immediately and you will be expected to return to work at our premises.
(d) Your supervisor will remain responsible for supervising you, will regularly review your homeworking arrangements and take steps to address any perceived problems. They will ensure that you are kept up to date with circulars and information relevant to your work.
(e) You agree to attend the office or other reasonable location for meetings, training courses or other events which we expect you to attend.
(f) You understand that when you do attend the office, you may have to hot desk or share a desk with someone else.
(g) Working at or from home may affect your home and contents insurance policy, mortgage, lease or rental agreement. You must make any necessary arrangements with your insurers, bank, mortgage provider or landlord before commencing homeworking.
4. Working at home: equipment
4.1 We will provide any equipment that we consider you reasonably require to work from home which will remain our property. We will make all necessary arrangements for and bear the cost of installing and removing equipment from your home. Where equipment is provided you must:
(a) use it only for the purposes for which we have provided it;
(b) take reasonable care of it and use it only in accordance with any operating instructions and our policies and procedures; and
(c) make it available for collection by us or on our behalf when requested to do so.
5. Working at home: data security and confidentiality
5.1 All equipment and information must be kept securely. You should take all necessary steps to ensure that private and confidential material is kept secure at all times. Your supervisor must be satisfied that all reasonable precautions are being taken to maintain confidentiality of material in accordance with our requirements.
5.2 You may only use equipment which has been provided by or authorised by us. You agree to comply with our instructions relating to software security and to implement all updates to equipment as soon as you are requested to do so.
5.3 You confirm that you have read and understood our policies relating to computer use, electronic communications and data security and that you will regularly keep yourself informed of the most current version of these policies.
5.4 If you discover or suspect that there has been an incident involving the security of information relating to the Company, clients, customers or anyone working with or for the Company, you must report it immediately to your manager.
6. Working at home: health and safety
6.1 When working at home you have the same health and safety duties as other staff. You must take reasonable care of your own health and safety and that of anyone else who might be affected by your actions and omissions. You must attend the usual office health and safety courses, read manuals and undertake to use equipment safely.
6.2 We retain the right to check home working areas for health and safety purposes. The need for such inspections will depend on the circumstances including the nature of the work undertaken.
6.3 You must not have meetings in your home with customers and must not give customers your home address or telephone number.
6.4 You must ensure that your working patterns and levels of work both over time and during shorter periods are not detrimental to your health and wellbeing.
6.5 You must use your knowledge, experience and training to identify and report any health and safety concerns to Lena Le Mesurier.
6.6 When you are working at or from home you are covered by our accident insurance policy. Any accidents must be reported immediately in accordance with our Health and Safety Policy.
Schedule 24 Time off for public duties policy
1. About this policy
1.1 We wish to enable employees to perform any public duties that they may be committed to undertake and so will give them time off to do so where it does not conflict with the operational needs of our business. We are not legally obliged to grant paid leave for these purposes.
1.2 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Jury service
2.1 You should tell your supervisor as soon as you are summoned for jury service and provide a copy of your summons if requested.
2.2 Depending on the demands of our business we may request that you apply to be excused from or defer your jury service.
2.3 We are not required by law to pay you while you are absent on jury service. You will be advised at court of the expenses and loss of earnings that you can claim.
3. Voluntary public duties
3.1 Employees are entitled to a reasonable amount of unpaid time off work to carry out certain public duties, including duties as a tribunal member, magistrate, local councillor, member of an NHS Trust, prison visitor, police station lay visitor or school governor.
3.2 If you are unsure whether a public service that you perform is covered by this policy you should speak to a member of the Senior Leadership Team.
3.3 As soon as you are aware that you will require time off for performance of a public service you should notify your supervisor in writing, providing full details of the time off that is being requested and the reasons for your request. In order that arrangements can be made to cover your duties in your absence you should make your request in good time.
3.4 Each request for time off will be considered on its merits taking account of all the circumstances, including how much time is reasonably required for the activity, how much time you have already taken, and how your absence will affect the business.
4. Reserve forces duties
4.1 We are aware that employees who are members of the Reserve Forces (the Territorial Army, Royal Navy Reserve, Royal Marines Reserve or Royal Auxiliary Air Force) may be called-up at any time to be deployed on full-time operations, and are expected to attend regular training.
4.2 We are under no obligation to offer leave (either paid or unpaid) for reservists to undertake training and you should use existing holiday entitlement to meet training commitments.
4.3 If we receive notice that you have been called-up for active service we may apply to an adjudication officer for the notice to be deferred or revoked if your absence would cause serious harm to our business (which could not be prevented by the grant of financial assistance).
4.4 Once your military service has ended you may submit a written application for reinstatement to your employment. This should be made by the third Monday following the end of your military service and you should notify us of the date on which you will be available to restart work.
4.5 If it is not reasonable and practicable to reinstate you into your former employment we will offer you the most favourable alternative on the most favourable terms and conditions which are reasonable and practicable.
Schedule 25 Infectious diseases policy
1. About this policy
1.1 The purpose of this policy is to provide clear guidance in the event of a single confirmed case or a suspected outbreak of an infectious disease within the Company. Although major outbreaks are rare the Company must consider known disease risks and plan to manage and contain the spread of an infectious disease to reduce the risk posed to staff, visitors and clients.
1.2 It is not always possible to identify how infection will be spread therefore precautions to prevent the spread of infection must be followed at all times. By following these standard precautions, the chain of infection can be broken and a safe working environment created.
1.3 The policy will outline what action is to be taken, by whom and the key lines of communication needed to ensure a timely, sensitive and professional response. The detail within this policy should not be restrictive, as each event will differ. Given the number of ways we may be informed of an infectious disease case and the range of potential exposure, the scope of our response and key staff involved may vary.
1.4 It is our policy to communicate with staff, clients and visitors where appropriate and, where necessary, medical authorities and to take appropriate measures to minimise any spread of infection.
1.5 Discrimination against and/or harassment of an employee who has or is suspected to have an infectious disease may result in disciplinary action under our Disciplinary Policy.
1.6 This policy does not form part of any employee's contract of employment and it may be amended at any time.
1.7 This policy applies to all staff including employees, agency workers, consultants and self-employed contractors.
2. Ways infection can spread
2.1 There are a number of ways infection can spread. Infections can spread faster where staff share close proximity.
2.2 Infection can spread by:
(a) Air-borne transmission: Micro-organisms are spread through the air, for example by coughing or sneezing.
(b) Direct contact: Micro-organisms are spread from person to person or indirectly with an inanimate object that has been previously contaminated.
(c) Faecal-oral transmission: spread from hand to mouth through inadequate hand washing after a toilet visit.
3. How to prevent the spread of infection
3.1 To fight against infection, general high standards of cleanliness must be observed. Ways in which the spread of infection can be prevented are:
(a) Hand washing
Hand hygiene is widely acknowledged to be one of the most important ways of controlling the spread of infection. All staff are required to wash their hands with warm water and soap after using the toilet, blowing their nose and in other appropriate situations. After hand washing it is important that hands are dried thoroughly as wet surfaces transfer organisms more effectively than dry ones.
If employees use hand sanitiser then an alcohol based hand sanitiser should be used. Hand sanitation must be used repeatedly through the day and not only after washing hands.
(b) Social distancing
Maintain at least two metre (six feet) distance between yourself and anyone who is coughing or sneezing. This is because when someone coughs or sneezes they spray small liquid droplets from their nose or mouth which may contain virus. Due to the nature of the tasks being carried out where the two metre distancing cannot take place individuals should wear masks to protect from contact. The application of common sense will also minimise the transfer of the virus.
(c) Avoid touching eyes, nose and mouth
Once contaminated, hands can transfer the virus to your eyes, nose or mouth. From there, the virus can enter your body and can make you sick.
(d) Practice respiratory hygiene
Make sure you, and the people around you, follow good respiratory hygiene. This means covering your mouth and nose with your bent elbow or tissue when you cough or sneeze. Then dispose of the used tissue immediately.
Droplets spread virus. By following good respiratory hygiene you protect the people around you from viruses.
(e) Bins
It is important that tissues and other types of rubbish are disposed of immediately in the appropriate receptacles.
(f) If you have fever, cough and difficulty breathing, seek medical care early
Stay at home if you feel unwell. If you have a fever, cough and difficulty breathing, seek medical attention and call in advance. Follow the directions of your local health authority.
4. Attending our premises and Alternative Working Arrangements
4.1 Members of staff should observe Government issued guidance where published on the impact of any particular disease or infection and should make a judgement as to their situation in relation to travel, attendance at work and any isolation and quarantine arrangements.
4.2 Members of staff may be refused entry to our premises and/or be required to work from home, where possible, or from an alternative place of work, if available as the Company deems appropriate. Managers will advise them of any such requirement. Such employees will receive their normal pay.
4.3 Members of staff who are able to work may sometimes be expected to carry out additional or varied duties during such periods. However, members of staff should not be required to do anything they cannot do competently or safely.
5. Sickness Absence
5.1 If you cannot attend work because you are sick or injured or not fit for work due to contracting an infectious disease you should inform the Company by following the Company sickness absence reporting procedures as outlined in the Company’s Sickness Absence policy.
6. Other absence
6.1 If you are absent as a result of the infectious disease but are not sick or injured, for example you have been advised by a medical professional or are following government guidance to self-isolate or to quarantine due to being informed by test and trace or have been to a country on the quarantine list, you should notify the Company as above.
7. Evidence of incapacity
7.1 You must complete a self-certification form for sickness absence of up to seven calendar days.
7.2 For absence of more than a week you must provide an eligible healthcare professional’s certificate stating that you are not fit for work and giving the reason. You must also complete a self-certification form to cover the first seven days. If absence continues beyond the expiry of a certificate, a further certificate must be provided.
7.3 If an eligible healthcare professional provides a certificate stating that you "may be fit for work" you must inform your manager immediately. We will hold a discussion with you about how to facilitate your return to work, taking account of an eligible healthcare professional’s advice. If appropriate measures cannot be taken, you will remain on sick leave and we will set a date for review.
8. Pay
8.1 The Company will advise you in relation to your pay taking into account your specific circumstances and your status with the Company whether you are an employee, agency worker, consultant or self-employed contractor.
8.2 If you have been signed off work due to an infectious disease then you may be entitled to SSP or Company Sick Pay (together referred to as ‘Sick Pay’) in accordance with the Company sick pay procedures.
8.3 Employees who are absent from work because they have been issued with a written notice from their GP or the NHS 111 helpline service will be entitled to Sick Pay in accordance with the Company sick pay procedures.
8.4 Employees who are absent from work due to infectious diseases and who are not eligible for Sick Pay are not entitled to be paid for the time lost.
9. If you are not entitled to Sick Pay
9.1 Employees should discuss with their manager, who retains overall discretion in the matter whether to treat the absence as annual leave.
9.2 If, in exceptional circumstances, we decide to close the workplace, employees will be paid as if they had worked their normal hours.
10. Return-to-work interviews
10.1 After a period of absence your manager may hold a return-to-work interview with you. The purposes may include:
(a) ensuring you are fit for work and agreeing any actions necessary to facilitate your return;
(b) confirming you have submitted the necessary certificates;
(c) updating you on anything that may have happened during your absence;
(d) raising any other concerns regarding your absence record or your return to work.
11. Long term and persistent absence
11.1 Long term and/ or persistent absence will be dealt with under our Sickness Policy.
11.2 We may ask you to attend a medical examination by an eligible healthcare professional or occupational health professional or other specialist nominated by us (at our expense).
11.3 You will be asked to agree that any medical report produced may be disclosed to us and that we may discuss the contents of the report with the specialist and with our advisers. All medical reports will be kept confidential in accordance with our Fair Processing Notice (Employee Data).
Schedule 26 Health and safety policy
1. About this policy
1.1 This policy sets out our arrangements for ensuring we meet our health and safety obligations to staff and anyone visiting our premises or affected by our work.
1.2 The Registered Manager has overall responsibility for health and safety and the operation of this policy.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time. We will continue to review this policy to ensure it is achieving its aims.
2. Your responsibilities
2.1 All staff share responsibility for achieving safe working conditions. You must take care of your own health and safety and that of others, observe applicable safety rules and follow instructions for the safe use of equipment.
2.2 You should report any health and safety concerns immediately to your supervisor or the Registered Manager.
2.3 You must co-operate with managers on health and safety matters, including the investigation of any incident.
2.4 Failure to comply with this policy may be treated as misconduct and dealt with under our Disciplinary Procedure.
3. Information and consultation
3.1 We will inform and consult directly with all staff regarding health and safety matters.
4. Training
4.1 We will ensure that you are given adequate training and supervision to perform your work competently and safely.
4.2 Staff will be given a health and safety induction and provided with appropriate safety training, including manual handling, control of substances hazardous to health (COSHH), working at height and the use of personal protective equipment (PPE).
5. Equipment
5.1 You must use equipment in accordance with any instructions given to you. Any equipment fault or damage must immediately be reported to your supervisor. Do not attempt to repair equipment unless trained to do so.
6. Accidents and first aid
6.1 Details of first aid facilities and the names of trained first aiders are displayed on the notice boards.
6.2 All accidents and injuries at work, however minor, should be reported to the Registered Manager and recorded in the Accident Book which is kept in the Reception Office.
7. Fire safety
7.1 All staff should familiarise themselves with the fire safety instructions, which are displayed on notice boards and near fire exits in the workplace.
7.2 If you hear a fire alarm, leave the building immediately by the nearest fire exit and go to the fire assembly point in the Car Park.
7.3 We carry out regular fire risk assessments and regular checks of fire extinguishers, fire alarms, escape routes and emergency lighting.
8. Risk assessments and measures to control risk
8.1 We carry out general workplace risk assessments periodically. The purpose is to assess the risks to health and safety of employees, visitors and other third parties as a result of our activities, and to identify any measures that need to be taken to control those risks.
9. Computers and display screen equipment
9.1 If you use a computer screen or other display screen equipment (DSE) as a significant part of your work, you are entitled to a workstation assessment and regular eyesight tests by an optician at our expense.
9.2 Further information on workstation assessments, eye tests and the use of DSE can be obtained from your supervisor.
Schedule 27 Smoking policy
1. About this policy
1.1 We are committed to protecting your health, safety and welfare and that of all those who work for us by providing a safe place of work and protecting all workers, service users, customers and visitors from exposure to smoke.
1.2 All of our workplaces (including our vehicles) are smoke-free in accordance with the Health Act 2006 and associated regulations. All staff and visitors have the right to a smoke-free environment.
1.3 This policy does not form part of any employee's contract of employment and it may be amended at any time.
1.4 If you wish to suggest improvements to the policy or experience particular difficulty complying with it you should discuss the situation with your supervisor.
2. Where is smoking banned?
2.1 Smoking is not permitted anywhere in our workplace. The ban applies to anything that can be smoked and includes, but is not limited to, cigarettes, electronic cigarettes, pipes (including water pipes such as shisha and hookah pipes), cigars and herbal cigarettes.
2.2 No-smoking signs are displayed at the entrances to our workplace.
2.3 Anyone using our vehicles, whether as a driver or passenger, must ensure the vehicles remain smoke-free. Any of our vehicles that are used primarily for private purposes are excluded from the smoking ban.
3. Where is smoking permitted?
3.1 You may only smoke in the outside space around the office during breaks. When smoking outside, you must dispose of cigarette butts and other litter appropriately.
4. Breaches of the policy
4.1 Breaches of this policy by any employee will be dealt with under our Disciplinary Procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.
4.2 Smoking in smoke-free premises or vehicles is also a criminal offence and may result in a fixed penalty fine and/or prosecution.
Schedule 28 Substance misuse policy
1. About this policy
1.1 We are committed to providing a safe, healthy and productive working environment. This includes ensuring that all staff are fit to carry out their jobs safely and effectively in an environment which is free from alcohol and drug misuse.
1.2 The purpose of this policy is to increase awareness of the effects of alcohol and drug misuse and its likely symptoms and to ensure that:
(a) All staff are aware of their responsibilities regarding alcohol and drug misuse and related problems.
(b) Staff who have an alcohol or drug-related problem are encouraged to seek help, in confidence, at an early stage.
(c) Staff who have an alcohol or drug-related problem affecting their work are dealt with sympathetically, fairly and consistently.
1.3 This policy is not intended to apply to "one-off" incidents or offences caused by alcohol or drug misuse at or outside work where there is no evidence of an ongoing problem, which may damage our reputation, and which are likely to be dealt with under our Disciplinary Procedure.
1.4 This policy does not form part of any contract of employment or other policy to provide services, and we may amend it at any time.
1.5 Any information you provide to us about your health will be processed in accordance with our Fair Processing Notice (Employee Data). We recognise that such data is sensitive and will handle it in a confidential manner.
2. Who does this policy apply to?
2.1 This policy applies to all employees, officers, consultants, self-employed contractors, casual workers, agency workers, volunteers and interns.
3. Our approach to drug and alcohol misuse
3.1 We will not accept staff arriving at work under the influence of alcohol or drugs, or whose ability to work is impaired in any way by reason of the consumption of alcohol or drugs, or who consume alcohol or take drugs (other than prescription or over the counter medication, as directed) on our premises. However, we wish to promote a culture which understands and is sympathetic to the problems associated with alcohol and drug misuse in which staff with dependency problems are encouraged to seek help and are supported.
4. Identifying a problem
4.1 If you notice a change in a colleague's pattern of behaviour you should encourage them to seek assistance through their supervisor. If they will not seek help themselves, you should draw the matter to the attention of your supervisor. You should not attempt to cover up for a colleague whose work or behaviour is suffering as a result of an alcohol or drug-related problem.
4.2 If you believe that you have an alcohol or drug-related problem you should seek specialist advice and support as soon as possible.
5. Alcohol and drugs at work
5.1 Alcohol and drugs can lead to reduced levels of attendance, reduced efficiency and performance, impaired judgement and decision making and increased health and safety risks for you and other people. Irresponsible behaviour or the commission of offences resulting from the use of alcohol or drugs may damage our reputation and, as a result, our business.
5.2 You are expected to arrive at work fit to carry out your job and to be able to perform your duties safely without any limitations due to the use or after-effects of alcohol or drugs. In this policy drug use includes the use of controlled drugs, psychoactive (or mind-altering) substances formerly known as "legal highs", and the misuse of prescribed or over-the-counter medication.
5.3 You should not drink alcohol during the normal working day, at lunchtime, at other official breaks and at official work-based meetings and events. Drinking alcohol while at work without authorisation or working under the influence of alcohol may be considered serious misconduct.
5.4 You must comply with drink-driving laws and drug-driving laws at all times. Conviction for drink-driving or drug-driving offence may harm our reputation and, if your job requires you to drive, you may be unable to continue to do your job. Committing a drink-driving or drug-driving offence while working for us or outside working hours may lead to action under our Disciplinary Procedure and could result in dismissal.
5.5 If you are prescribed medication you must seek advice from your GP or pharmacist about the possible effect on your ability to carry out your job and whether your duties should be modified or you should be temporarily reassigned to a different role. If so you must tell your supervisor without delay.
6. Searches
6.1 We reserve the right to conduct searches for alcohol or drugs on our premises, including, but not limited to, searches of any Company property used by an employee.
6.2 Any alcohol or drugs found as a result of a search will be confiscated and action may be taken under our Disciplinary Procedure.
7. Drug and alcohol screening
7.1 The following may be required to participate in a drug or alcohol screening programme:
(a) Any member of staff where there is reasonable cause to suspect that the individual has been under the influence of drugs or alcohol at work or that their work has been affected by drug or alcohol misuse.
7.2 Drug and alcohol screening will be conducted by an external provider. Arrangements will be discussed with affected members of staff at the start of each screening programme.
8. Managing suspected substance misuse
8.1 Where a supervisor considers that a deterioration in work performance or changes in patterns of behaviour may be due to alcohol or drug misuse they should seek advice and assistance from an Occupational Health provider.
8.2 If your supervisor has reason to believe that you are suffering the effects of alcohol or drugs misuse, they will invite you to an investigatory interview. The purpose of the interview is to:
(a) discuss the reason for the investigation and seek your views on, for example, the deterioration of your work performance or behaviour; and
(b) where appropriate, offer to refer you to an Occupational Health provider for medical or specialist advice.
8.3 If you arrive at work and a manager reasonably believes you are under the influence of alcohol or drugs, they shall immediately contact an Occupational Health provider in order that you can be provided with assistance and an investigation can be undertaken.
8.4 If you agree to be referred to an Occupational Health provider, your supervisor will request an urgent appointment and prepare a letter of referral, a copy of which will be provided to you.
8.5 The Occupational Health provider may ask for your consent to approach your GP for advice. A report will be sent to your supervisor who will then reassess the reasons for their investigatory meeting with you and decide on the way forward.
8.6 If, as the result of the meeting or investigation, your supervisor continues to believe that you are suffering the effects of alcohol or drugs misuse and you refuse an offer of referral to an Occupational Health provider or appropriate treatment providers the matter may be dealt with under our Disciplinary Procedure.
9. Providing support
9.1 Alcohol and drug-related problems may develop for a variety of reasons and over a considerable period of time. We are committed, in so far as possible, to treating these problems in a similar way to other health issues. We will provide support where possible with a view to a return to full duties. This may include:
9.2 Referral to appropriate treatment providers, where necessary in conjunction with your GP.
9.3 Time off work to attend treatment and recognition of any periods of absence for such treatment as periods of sickness absence.
9.4 Adjusting your duties or other support as recommended by an Occupational Health provider or your GP or specialist during treatment and for an agreed period afterwards, subject to operational requirements and feasibility.
9.5 If you do not finish a programme of treatment, or your recovery and return to work does not go as planned, your supervisor will meet with you to decide what further action if any should be taken.
Schedule 3 Confidentiality
1.1 We aim to ensure that the confidentiality of any member of staff experiencing alcohol or drug-related problems is maintained appropriately. However, it needs to be recognised that, in supporting staff, some degree of information sharing is likely to be necessary.
1.2 If you seek help with an alcohol or drug-related problem directly from an Occupational Health provider and you wish to keep matters confidential from your supervisor and colleagues, this will be respected unless there is reason to believe that this could put you, your colleagues or anyone else at risk or carries some other material risk for the business. In those circumstances the Occupational Health provider will encourage you to inform your supervisor and will give you sufficient time to do so before discussing the matter with them.
2. Performance and disciplinary issues
2.1 If you agree to undertake appropriate treatment or rehabilitation for an acknowledged alcohol or drug-related problem, we may decide to suspend any ongoing disciplinary action against you for related misconduct or poor performance, pending the outcome of the treatment.
2.2 Our intention is to support all staff with alcohol or drug-related problems to regain good health. Depending on the progress made on the course of treatment, any disciplinary action may be suspended for a specified period, discontinued or restarted at any time as we see fit.
Schedule 29 Fair processing notice (employee data)
1. About this document
1.1 During the course of our activities we will process personal data (which may be held on paper, electronically, or otherwise) about our staff and we recognise the need to treat it in an appropriate and lawful manner, in accordance with the United Kingdom General Data Protection Regulation (UK GDPR). The purpose of this notice is to make you aware of how we will handle your personal data.
1.2 This notice does not form part of any employee's contract of employment and we may amend it at any time.
2. Data protection principles
2.1 We will comply with the six data protection principles in the UK GDPR, which say that personal data must be:
(a) Processed fairly and lawfully.
(b) Collected for specified, explicit and legitimate purposes and processed in an appropriate way.
(c) Adequate, relevant and not excessive for the purpose.
(d) Accurate and kept up to date.
(e) Not kept longer than necessary for the purpose.
(f) Processed in a manner that ensures appropriate security of the data.
2.2 "Personal data" means recorded information we hold about you from which you can be identified. It may include contact details, other personal information, photographs, expressions of opinion about you or indications as to our intentions about you. "Processing" means doing anything with the data, such as storing, accessing, disclosing, destroying or using the data in any way.
3. Fair and lawful processing
3.1 We will usually only process your personal data where the processing is necessary to comply with our legal obligations, for the protection of your vital interests, for our legitimate interests or the legitimate interests of others. The full list of conditions is set out in the UK GDPR.
3.2 We will only process "special categories of data" about ethnic origin, political opinions, religious or similar beliefs, trade union membership, health, sex life, criminal proceedings or convictions, genetic data and data about sexual orientation where a further condition is also met. Usually this will mean that you have given your explicit consent, or that the processing is legally required for employment purposes. The full list of conditions is set out in the UK GDPR.
4. How we are likely to use your personal data
4.1 We will process data about staff for legal, personnel, administrative and management purposes and to enable us to meet our legal obligations as an employer, for example to pay you, monitor your performance and to confer benefits in connection with your employment.
4.2 We may process special categories of data relating to staff including, as appropriate:
(a) information about an employee's physical or mental health or condition in order to monitor sick leave and take decisions as to the employee's fitness for work;
(b) the employee's gender, sexual orientation, racial or ethnic origin or religious or similar information in order to monitor compliance with equal opportunities legislation;
(c) in order to comply with legal requirements and obligations to third parties.
5. Processing for limited purposes
5.1 We will only process your personal data for the specific purpose or purposes notified to you or for any other purposes specifically permitted by the UK GDPR.
6. Adequate, relevant and non-excessive processing
6.1 Your personal data will only be processed to the extent that it is necessary for the specific purposes notified to you.
7. Accurate data
7.1 We will keep the personal data we store about you accurate and up to date. Data that is inaccurate or out of date will be destroyed. Please notify us if your personal details change or if you become aware of any inaccuracies in the personal data we hold about you.
8. Data retention
8.1 We will not keep your personal data for longer than is necessary for the purpose. This means that data will be destroyed or erased from our systems when it is no longer required.
9. Processing in line with your rights
9.1 You have the right to:
(a) Request access to any personal data we hold about you.
(b) Prevent the processing of your data for direct-marketing purposes.
(c) Ask to have inaccurate data held about you amended.
(d) Ask to have data deleted where there is no good reason for us to continue processing it.
(e) Prevent processing that is likely to cause unwarranted substantial damage or distress to you or anyone else.
(f) Object to any decision that significantly affects you being taken solely by a computer or other automated process.
10. Data security
10.1 We will ensure that appropriate measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.
10.2 We have in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction. We will only transfer personal data to a third party if he agrees to comply with those procedures and policies, or if he puts in place adequate measures himself.
10.3 Maintaining data security means guaranteeing the confidentiality, integrity and availability (for authorised purposes) of the personal data.
11. Providing information to third parties
11.1 We will not disclose your personal data to a third party without your consent unless we are satisfied that they are legally entitled to the data. Where we do disclose your personal data to a third party, we will have regard to the six data protection principles.
12. Subject access requests
12.1 If you wish to know what personal data we hold about you, you must make the request in writing. All such written requests should be forwarded to the Data Protection Officer.
13. Breaches of data protection principles
13.1 If you consider that the data protection principles have not been followed in respect of personal data about yourself or others you should raise the matter with your supervisor. Any breach of the UK GDPR will be taken seriously and may result in disciplinary action.
Schedule 30 IT and communications systems policy
1. About this policy
1.1 Our IT and communications systems are intended to promote effective communication and working practices. This policy outlines the standards you must observe when using these systems, when we will monitor their use, and the action we will take if you breach these standards.
1.2 Lena has overall responsibility for this policy, including keeping it under review.
1.3 Breach of this policy may be dealt with under our Disciplinary Procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.
1.4 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Equipment security and passwords
2.1 You are responsible for the security of the equipment allocated to or used by you, and you must not allow it to be used by anyone other than in accordance with this policy. You should use passwords on all IT equipment, particularly items that you take out of the office. You should keep your passwords confidential and change them regularly.
2.2 You must only log on to our systems using your own username and password. You must not use another person's username and password or allow anyone else to log on using your username and password.
2.3 If you are away from your desk you should log out or lock your computer. You must log out and shut down your computer at the end of each working day.
3. Systems and data security
3.1 You should not delete, destroy or modify existing systems, programs, information or data (except as authorised in the proper performance of your duties).
3.2 You must not download or install software from external sources without authorisation from your line manager. Downloading unauthorised software may interfere with our systems and may introduce viruses or other malware.
3.3 You must not attach any device or equipment including mobile phones, tablet computers or USB storage devices to our systems without authorisation from your line manager.
3.4 We monitor all e-mails passing through our system for viruses. You should exercise particular caution when opening unsolicited e-mails from unknown sources. If an e-mail looks suspicious do not reply to it, open any attachments or click any links in it.
3.5 Inform your line manager immediately if you suspect your computer may have a virus.
4. E-mail
4.1 Adopt a professional tone and observe appropriate etiquette when communicating with third parties by e-mail. You should also include our standard e-mail signature and disclaimer.
4.2 Remember that e-mails can be used in legal proceedings and that even deleted e-mails may remain on the system and be capable of being retrieved.
4.3 You must not send abusive, obscene, discriminatory, racist, harassing, derogatory, defamatory, pornographic or otherwise inappropriate e-mails.
4.4 You should not:
(a) send or forward private e-mails at work which you would not want a third party to read;
(b) send or forward chain mail, junk mail, cartoons, jokes or gossip;
(c) contribute to system congestion by sending trivial messages or unnecessarily copying or forwarding e-mails to others who do not have a real need to receive them; or
(d) send messages from another person's e-mail address (unless authorised) or under an assumed name.
4.5 Do not use your own personal e-mail account to send or receive e-mail for the purposes of our business. Only use the e-mail account we have provided for you.
4.6 We do not permit access to web-based personal e-mail such as Gmail or Hotmail on our computer systems at any time due to additional security risks.
5. Using the internet
5.1 Internet access is provided solely for business purposes.
5.2 You should not access any web page or download any image or other file from the internet which could be regarded as illegal, offensive, in bad taste or immoral. Even web content that is legal in the UK may be in sufficient bad taste to fall within this prohibition. As a general rule, if any person (whether intended to view the page or not) might be offended by the contents of a page, or if the fact that our software has accessed the page or file might be a source of embarrassment if made public, then viewing it will be a breach of this policy.
5.3 We may block or restrict access to some websites at our discretion.
6. Personal use of our systems
6.1 We do not permit the incidental use of our systems to send personal e-mails, browse the internet and make personal telephone calls. However, we do permit personal use on your own devices during official break times, subject to the following conditions:
(a) you must use your own personal device and not any system of the Company;
(b) it must be minimal and take place exclusively outside of normal working hours (that is, during your lunch break, and before or after work);
(c) it must not affect your work;
(d) it must not commit us to any marginal costs; and
(e) it must comply with our policies including the Equal Opportunities Policy, Anti-harassment and Bullying Policy, Fair Processing Notice (Employee Data) and Disciplinary Procedure.
6.2 Personal use is a privilege and not a right, which must not be overused or abused.
7. Monitoring
7.1 Our systems enable us to monitor telephone, e-mail, voicemail, internet and other communications. For business reasons, and in order to carry out legal obligations in our role as an employer, your use of our systems including the telephone and computer systems (including any personal use) may be continually monitored by automated software or otherwise.
7.2 We reserve the right to retrieve the contents of e-mail messages or check internet usage (including pages visited and searches made) as reasonably necessary in the interests of the business, including for the following purposes (this list is not exhaustive):
(a) to monitor whether the use of the e-mail system or the internet is legitimate and in accordance with this policy;
(b) to find lost messages or to retrieve messages lost due to computer failure;
(c) to assist in the investigation of alleged wrongdoing; or
(d) to comply with any legal obligation.
8. Prohibited use of our systems
8.1 Misuse or excessive personal use of our telephone or e-mail system or inappropriate internet use will be dealt with under our Disciplinary Procedure. Misuse of the internet can in some cases be a criminal offence.
8.2 Creating, viewing, accessing, transmitting or downloading any of the following material will usually amount to gross misconduct (this list is not exhaustive):
(a) pornographic material (that is, writing, pictures, films and video clips of a sexually explicit or arousing nature);
(b) offensive, obscene, or criminal material or material which is liable to cause embarrassment to us or to our clients;
(c) a false and defamatory statement about any person or organisation;
(d) material which is discriminatory, offensive, derogatory or may cause embarrassment to others (including material which breaches our Equal Opportunities Policy or our Anti-harassment and Bullying Policy);
(e) confidential information about us or any of our staff or clients (except as authorised in the proper performance of your duties);
(f) unauthorised software;
(g) any other statement which is likely to create any criminal or civil liability (for you or us); or
(h) music or video files or other material in breach of copyright.
Schedule 31 Social media policy
1. About this policy
1.1 This policy is in place to minimise the risks to our business through use of social media.
1.2 This policy deals with the use of all forms of social media, including Facebook, LinkedIn, Twitter, Wikipedia, Whisper, Instagram, Tumblr, TikTok and all other social networking sites, internet postings and blogs. It applies to use of social media for business purposes as well as personal use that may affect our business in any way.
1.3 This policy does not form part of any employee's contract of employment and we may amend it at any time.
2. Personal use of social media
2.1 Personal use of social media is never permitted during working hours or by means of our computers, networks and other IT resources and communications systems.
3. Prohibited use
3.1 You must avoid making any social media communications that could damage our business interests or reputation, even indirectly.
3.2 You must not use social media to defame or disparage us, our staff or any third party; to harass, bully or unlawfully discriminate against staff or third parties; to make false or misleading statements; or to impersonate colleagues or third parties.
3.3 You must not express opinions on our behalf via social media, unless expressly authorised to do so by your manager. You may be required to undergo training in order to obtain such authorisation.
3.4 You must not post comments about sensitive business-related topics, such as our performance, or do anything to jeopardise our trade secrets, confidential information and intellectual property. You must not include our logos or other trademarks in any social media posting or in your profile on any social media.
3.5 You are not permitted to add business contacts made during the course of your employment to personal social networking accounts.
3.6 Any misuse of social media should be reported to a member of the Senior Leadership Team.
4. Guidelines for responsible use of social media
4.1 You should make it clear in social media postings, or in your personal profile, that you are speaking on your own behalf. Write in the first person and use a personal e-mail address.
4.2 Be respectful to others when making any statement on social media and be aware that you are personally responsible for all communications which will be published on the internet for anyone to see.
4.3 If you disclose your affiliation with us on your profile or in any social media postings, you must state that your views do not represent those of your employer (unless you have been authorised to speak on our behalf as set out in paragraph 3.3). You should also ensure that your profile and any content you post are consistent with the professional image you present to clients and colleagues.
4.4 If you are uncertain or concerned about the appropriateness of any statement or posting, refrain from posting it until you have discussed it with your manager.
4.5 If you see social media content that disparages or reflects poorly on us, you should contact a member of the Senior Leadership Team.
5. Breach of this policy
5.1 Breach of this policy may result in disciplinary action up to and including dismissal. Any member of staff suspected of committing a breach of this policy will be required to co-operate with our investigation.
5.2 You may be required to remove any social media content that we consider to constitute a breach of this policy. Failure to comply with such a request may in itself result in disciplinary action.
Schedule 4 Adverse weather policy
1. About this policy
1.1 We recognise that adverse weather or travel disruption can require us to take a flexible approach to working arrangements in order to accommodate the difficulties employees face and to protect health and safety, while meeting business needs.
1.2 The purpose of this policy is to set out our approach to working arrangements where it becomes impossible or dangerous for employees to travel in to work because of:
(a) extreme adverse weather such as heavy snow;
(b) industrial action affecting transport networks; or
(c) major incidents affecting travel or public safety.
1.3 On these occasions, we recognise that a flexible approach to working arrangements may be necessary to accommodate the difficulties employees face and to protect health and safety, while still keeping the business running as effectively as possible.
1.4 This policy does not form part of any contract of employment or other contract to provide services, and we may amend it at any time.
2. Who does this policy apply to?
2.1 This policy applies to all employees, officers, consultants, self-employed contractors, casual workers, agency workers, volunteers and interns.
3. Travelling to work
3.1 Employees should make a genuine effort to report for work at their normal time. This may include leaving extra time for the journey or taking an alternative route. Travel on foot or by bicycle should be considered where appropriate and safe.
3.2 Employees who are unable to attend work on time or at all should telephone their supervisor before their normal start time on each affected day.
3.3 Employees who are unable to attend work should check the situation throughout the day in case it improves. Information may be available from local radio stations, the police, transport providers or the internet. If conditions improve sufficiently, employees should report this to their supervisor and attend work unless told otherwise.
3.4 Employees who do not make reasonable efforts to attend work or who fail to contact their supervisor without good reason may be subject to disciplinary proceedings for misconduct. We will consider all the circumstances, including the distance they have to travel, local conditions in their area, the status of roads and public transport, and the efforts made by other employees in similar circumstances.
4. Late starts and early finishes
4.1 Employees who arrive at work late or who ask to leave early will usually be expected to make up any lost time. Supervisors have the discretion to waive this requirement in minor cases, or (in the case of lateness) where they are satisfied the employee has made a genuine attempt to arrive on time.
4.2 Supervisors have the discretion to allow staff to leave early and should have regard to the needs of the business and the employee's personal circumstances.
4.3 Where half the normal working day or more is lost this will be treated as absence and dealt with as set out below.
5. Absence and pay
5.1 Employees who are absent from work due to extreme weather or other travel disruptions are not entitled to be paid for the time lost.
5.2 Absence can be treated in a variety of ways. Employees should discuss their preference with their supervisors, who retains overall discretion in the matter. A number of options are set out below:
(d) Treating the absence as annual leave. If not enough annual leave entitlement remains, an employee may choose to borrow up to two days from the next leave year.
(e) Treating the absence as flexitime or time off in lieu.
(f) Making up the lost hours within a reasonable time.
(g) Treating the absence as special unpaid leave.
5.3 If, in exceptional circumstances, we decide to close the workplace, employees will be paid as if they had worked their normal hours.
6. School closures and other childcare issues
6.1 Adverse weather sometimes leads to school or nursery closures or the unavailability of a nanny or childminder. Where childcare arrangements have been disrupted, employees may have a statutory right to reasonable time off without pay. For further information, see our Time off for Dependants Policy.
Schedule 5 Company vehicles policy
1. About this policy
1.1 This policy outlines the rules and procedures for employees’ use of a company vehicle.
1.2 This policy does not form part of any employee’s contract of employment and we may amend it at any time.
1. Use of the Company vehicle
1.1 All vehicles are owned by, or hired, to Lapis Care. Vehicles are allocated on the basis of business needs and are for use solely on Company business.
1.2 Company drivers must be at least 25 years of age unless agreed otherwise, and have possessed a full, UK driving licence for at least two years. Drivers are required to inform their manager of any changes in circumstances (e.g. health), which may have an impact on insurance or their ability to drive.
1.3 To be eligible to drive a Company vehicle you must maintain a current, full, valid UK driving licence. You must notify the Company immediately if this is not the case. You are required to provide the Company with a copy of your driving licence once a year and at any other time when requested by the Company. You are also obliged to provide the Company with the DVLA check code from time to time in order for the Company to provide licence and penalty points details to the insurance provider.
1.4 During your employment you are required to report any changes to your driving licence, such as the addition of penalty points, immediately to Lena Le Mesurier.
1.5 You must immediately inform the Company if you are convicted of a driving offence or disqualified from driving.
1.6 You must not allow anyone else to drive the Company vehicle which you have been given permission to use by the Company.
1.7 Drivers of Company vehicles are required to acquaint themselves with and abide by all traffic regulations, including those relating to parking and speed limits. In the event of you receiving a fixed fee penalty, you must pay the penalty at once. You are liable for all fines or penalties incurred whilst driving a Company vehicle. The Company reserves the right to deduct these payments or costs from your wages or salary where necessary.
1.8 The Company has the right to inspect a vehicle at any time and will carry out periodic inspections. Drivers will be held responsible for any costs or charges relating to the Company vehicle and caused by their negligence.
1.9 Smoking is not permitted in Company vehicles.
2. Maintenance, Insurance, Damage and Security
2.1 The Company is responsible for insuring any Company vehicle. You must notify the Company immediately of any information which may affect the insurance cover of the vehicle you have been assigned to drive, your ability to drive the vehicle and any change of your details.
2.2 The Company is responsible for the road tax, servicing, and MOT for any Company vehicle.
2.3 Drivers are required to pay for fuel and claim the cost back through the Company’s fuel expenses form. All receipts must then be submitted to the Finance Director.
2.4 The safety and security of the vehicle, passengers, or loads are your responsibility. Seatbelts must be worn at all times. You must always lock and alarm the Company vehicle when you leave it unattended. The driver must not use a hand-held mobile phone when driving. Hands free phones may be used at times when they do not distract the driver.
2.5 It is the responsibility of the driver to ensure that each vehicle is maintained to a satisfactory state of repair and that it is regularly cleaned both inside and out. Failure to do so may result in the Company arranging for the vehicle to be valeted or repaired and deducting the costs from your wages/salary. Regular inspections of oil and water levels (including anti-freeze when appropriate), tyre pressure/conditions and lights are the responsibility of the driver. You should notify Lena Le Mesurier of any defects in the vehicle immediately. Checks may be carried out by the Company to ensure that these requirements are being met.
2.6 The Company has the right to inspect a Company vehicle at any time. Drivers will be held responsible for any costs or charges caused by their negligence. You will be responsible for the cost of repairing any damage caused by your own negligence and in the case of any accident involving the vehicle, this may include the cost of any insurance excess and/or any increase in insurance premiums. The Company reserves the right to deduct these payments or costs from your wages or salary unless an alternative method of payment is agreed with management.
2.7 To ensure that the Company vehicle operates both safely and efficiently, the driver shall undertake the following checks:
(a) Visual checks every day for tyre pressure, damage to all tyre walls and depth of tread.
(b) Regular checks of windscreens, windows, mirrors, headlamps and all other light lenses.
(c) Daily checks that all lights are working correctly.
(d) Regular checks of radiator levels, particularly before setting out on a long journey.
(e) Checks on a weekly basis that tyre pressures (including the spare wheel) are at the level specified in the manufacturer’s handbook.
(f) Unless it is a sealed unit the battery should be checked weekly and topped up with distilled water if required. Terminals should be clean and tight.
(g) Check windscreen washer reservoirs weekly and more often during the winter.
(h) Check the action of the windscreen wipers and the condition of the blades regularly.
(i) Check clutch and brake fluid reservoirs (where fitted) once per week.
(j) Check oil levels regularly.
2.8 All problems should be reported to Lena Le Mesurier immediately. It is the driver’s responsibility to ensure that the car is in a roadworthy condition. A failure to do so could result in disciplinary action.
3. Accidents and thefts
3.1 You must immediately notify the Company of any accidents involving the Company vehicle.
3.2 If you are involved in an accident in a vehicle belonging to the Company, you are responsible for obtaining the full contact and insurance details of any third party and witnesses to the incident. You should also note the road and weather conditions and make a rough sketch of the position of the vehicles involved.
3.3 A report must be made of any accident involving a Company vehicle and given to Lena Le Mesurier as soon as possible after the accident. Following a review of the accident by Lena Le Mesurier, disciplinary action may be taken by the Company.
3.4 In the event of the vehicle being stolen it must be reported immediately to the local police and Lena Le Mesurier. Any theft of Company property from the vehicle should also be reported immediately to Lena Le Mesurier.
4. Returning the vehicle
4.1 You must return the vehicle in a clean condition, together with its keys and all documents relating to it to the registered office of the Company or such other place as the Company may reasonably stipulate immediately upon the termination of your employment howsoever arising or upon you becoming no longer legally entitled to drive.
4.2 The Company reserves the right to reclaim the Company vehicle from you at any time and failure to comply with this policy may result in disciplinary action and the removal of the vehicle from you without notice.
4.3 Where the Company vehicle needs to be cleaned or repaired when you return the vehicle to the Company, you will be liable for the cost of this cleaning and/or repairs. The Company is entitled to deduct the cost of this from your wages.
4.4 The Company shall have the right to reclaim the vehicle and to dismiss you without prior notice or payment in lieu of notice if you are disqualified from driving.
Schedule 6 Criminal records information and DBS checks policy
1. Introduction
1.1 This document sets out the Company’s policy on asking questions about a prospective (or existing) employee’s criminal record, and carrying out Disclosure and Barring Service (DBS) checks.
1.2 This policy sets out our commitment to comply with the DBS Code of Practice and our data protection obligations, to treat prospective employees fairly and not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed. Its purpose is to set out how we comply with our data protection obligations in respect of criminal records information and seek to protect such information, and to ensure that staff understand and comply with the rules governing the collection, use and deletion of criminal records information to which they may have access in the course of their work.
1.3 We are committed to complying with our data protection obligations and the DBS Code of Practice in relation to criminal records information, in particular:
(a) in relation to the circumstances in which we seek criminal records information;
(a) by being concise, clear and transparent about how we obtain and use such information, and how (and when) we delete it once it is no longer required; and
(b) by ensuring the correct handling, use, storage, retention and disposal of DBS certificates and certificate information.
1.4 The Company’s data protection officer, Lena Le Mesurier, is responsible for informing and advising the Company and its staff on its data protection obligations, including in relation to criminal records information, and for monitoring compliance with those obligations and with the Company’s policies. If you have any questions or comments about the content of this policy or if you need further information, you should contact the Data Protection Officer on lena.lemesurier@lapiscare.com.
2. Policy statement
2.1 Having a criminal record will not necessarily bar you from working with us. We will take into account the circumstances and background of any offences and whether they are relevant to the position in question, balancing the rights and interests of the individual, our employees, customers/clients, suppliers and the public.
2.2 We will treat all applicants, and employees fairly but reserve the right to withdraw an offer or contract of employment if you do not disclose relevant information, or if a DBS check reveals information which we reasonably believe would make you unsuitable for the role.
3. Scope and definitions
3.1 This policy applies to criminal records information relating to job applicants and current and former staff, including employees, temporary and agency workers, interns, volunteers and apprentices.
3.2 Staff should refer to the Company’ Fair Procession Notice (Employee Data) and GDPR Privacy Notice and, where appropriate, to its other relevant policies.
3.3 This policy has been drafted with the assistance of a representative group of employees to ensure that it is clear and easy to understand. We will review and update this policy regularly in accordance with our data protection obligations. It does not form part of any employee’s contract of employment and we may amend, update or supplement it from time to time.
4. Asking for criminal records information
4.1 Before recruiting for any post the Data Protection Officer, assess whether it is justified in seeking criminal records information for that particular post (see paragraph 4.3 below) and, if so:
(a) whether it is appropriate to limit the information sought to offences that have a direct bearing on suitability for the job in question; and
(a) whether the information should be obtained from the individual or the DBS.
4.2 If an assessment under paragraph 4.1 has been carried out for the same or a similar post within the last [12] months, the Company may rely on that assessment.
4.3 The Company will be justified in obtaining criminal records information for a particular post if it is necessary:
(a) for the performance of the employment contract for that post;
(a) in order for the Company to comply with a legal obligation to which it is subject;
(b) in order to protect the vital interests of vulnerable service users; and/or
(c) for the purposes of the Company’s legitimate interests.
4.4 The level of criminal records information and DBS check that the Company is entitled to request (i.e. a criminal conviction certificate (CCC), criminal records certificate (CRC) or enhanced criminal records certificate (ECRC)) will depend on the post for which the prospective or current employee’s suitability is being assessed. Further details are set out at paragraph 7.
4.5 We will only ask for criminal records information or carry out a DBS check once the employee has a conditional offer of employment and in the case of existing employees every three years. Staff may also be required as a condition of their employment to notify us about certain convictions and cautions which occur at any point subsequent to recruitment and during the period of time that they are employed by the Company. Further information on this, including what convictions or cautions do not need to be disclosed, can be found in your contract of employment and in this policy.
4.6 We will only ask an individual to provide criminal records information that the Company would be legally entitled to see in a DBS check for the relevant post (see paragraph 7), i.e.:
(a) if the Company is justified in seeking criminal records information for the post, and the post is not exempt from the Rehabilitation of Offenders Act 1974, individuals are not required to disclose convictions or conditional cautions that are spent under the Rehabilitation of Offenders Act 1974; and
(b) if the Company is justified in seeking criminal records information for the post, and the post is exempt from the Rehabilitation of Offenders Act 1974, individuals can be required to disclose if they have any convictions or cautions, which are not filtered (or ‘protected’ as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended)). For further information on filtering, see paragraph 8.
4.7 If the information sought can be limited to offences that have a direct bearing on suitability for the job in question, Lena Le Mesurier will amend accordingly any questions asked of prospective or current employees or the checks conducted for these individuals
4.8 Where a DBS check is identified as necessary, all application forms, job adverts and recruitment briefs will contain a statement that an application for a DBS certificate will be submitted in the event of the individual being offered the position.
4.9 Applicants will only be asked to complete a criminal records information form or DBS check before an offer of employment is made unconditional; they will not be asked to do so during the earlier short-listing, interview or decision-making stages.
4.10 Before an individual is asked to complete a criminal records information form or DBS check, they will be provided with a copy of this policy.
4.11 If the Company is not justified in seeking criminal records information for the post, it will not ask an applicant for criminal records information.
4.12 If it is assessed that the Company should use the DBS to verify criminal records information, the Company will:
(a) provide the individual concerned with a copy of this policy before asking them to complete a DBS application form or asking for their consent to use their information to access the DBS update service;
(b) make every subject of a DBS check aware of the existence of the DBS Code of Practice and make a copy available on request. A copy is available on the Government’s website and by clicking here; and
(c) comply with the DBS Code of Practice.
4.13 Once criminal records information has been verified through a DBS check, the Company will:
(a) if inconsistencies emerge between the information provided by the individual and the information in the DBS certificate, give the individual the opportunity to provide an explanation in accordance with paragraph 5;
(b) record that a DBS check was completed and whether it yielded a satisfactory or unsatisfactory result; and
(c) delete the DBS certificate and any record of the information contained in it unless, in exceptional circumstances, the Data Protection Officer assesses that it is clearly relevant to the ongoing employment relationship, e.g. to allow for consideration and resolution of any disputes or complaints.
4.14 If, in accordance with paragraph 4.13.3, the Data Protection Officer assesses that the information in the DBS certificate is relevant to the ongoing employment relationship, it (and any record of the information contained in it) will be kept securely for no longer than is necessary (usually no more than six months), and then destroyed.
4.15 The Company will not seek criminal records information from any source other than the individual concerned or the DBS.
4.16 DBS certificate information will be handled and kept in accordance with the Company’s policy on handling DBS certificate information set out in paragraph 9.
5. Where an unprotected conviction or caution is disclosed
5.1 If the Company has concerns about the information that has been disclosed by the individual or by the DBS, or the information is not as expected, the Company will discuss its concerns with the prospective or current employee and carry out a risk assessment.
5.2 The Company has a legal duty, when recruiting staff to work in regulated activity with children or vulnerable adults, to check whether they are on the relevant children’s or adults’ barred list. If a prospective or current employee’s name does appear on the relevant barred list, it would be against the law for the Company to employ or continue to employ them to work or volunteer with the relevant group.
5.3 If a prospective or existing employee is not barred from working with the relevant group, but nevertheless has a criminal record, it is up to the Company to decide on their suitability for the role. The Company will not refuse a prospective employee or terminate an existing employee’s employment simply on the basis that they have a criminal record. Before making a decision, the Company will:
(a) give the prospective or existing employee the opportunity to address its concerns before making any decisions; and
(b) carry out a risk assessment.
5.4 In carrying out a risk assessment, the Company will take account of:
(a) the relevance of the conviction or other matter revealed to the position in question;
(b) the seriousness of the offence or other matter revealed;
(c) the circumstances of the offence;
(d) the age of the offence;
(e) whether there is a pattern of offending; and
(f) whether circumstances have changed since the offending took place.
6. Training
6.1 The Company will ensure that all those within the organisation who are involved in the recruitment process:
(a) have been suitably trained to identify and assess the relevance and circumstances of offences; and
(b) have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974.
7. Level of DBS check
7.1 The level of DBS check that the Company is entitled to request will depend on the position for which the prospective or existing employee’s suitability is being assessed. The Company may request:
(a) an enhanced criminal record certificate (ECRC) (also referred to as an enhanced disclosure) if the position is:
(i) excepted from the protections of the Rehabilitation of Offenders Act 1974 (i.e. included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, as amended); and
(ii) prescribed in the Police Act 1997 (Criminal Records) Regulations 2002; and
(a) in addition, a search of the adults’ barred list if the position is:
(iii) eligible for an ECRC; and
(iv) prescribed in the Police Act 1997 (Criminal Records) Regulations 2009 as one for which the adults’ barred list may be checked.
7.2 Further details about what criminal records information is included on a particular type of certificate can be found on the Government’s website here.
8. Filtering of protected convictions and cautions
8.1 Certain old and minor convictions and cautions are ‘protected’, which means:
(a) they are filtered out of a DBS check;
(a) they need not be disclosed by prospective employees to the Company; and
(b) they will not be taken into account by the Company in making decisions about employing a prospective employee.
8.2 Certain ‘listed offences’ will never be filtered out (for more information see the Government guidance at the link here). The list includes offences which are particularly serious, relate to sexual or violent offending or are relevant in the context of safeguarding.
8.3 A conviction will be a protected conviction (i.e. filtered out) if:
(a) the offence was not a listed offence;
(a) it did not result in a custodial sentence (or sentence of service detention); and
(b) where the individual was an adult (18 or over) at the time of conviction, 11 years or more have passed since the date of the conviction (or five years six months or more have passed since the date of conviction if the individual was under 18 at the time of conviction).
8.4 A caution will be a protected caution (i.e. filtered out) if:
(a) the person was under 18 years of age at the time the caution was given; or
(a) the person was 18 years old or over at the time the caution was given, and
(i) the offence was not a listed offence; and
(ii) six years or more have passed since the date of the caution.
8.5 As part of an ECRC, the police may also disclose information that they reasonably believe is relevant and ought to be included.
8.6 For further guidance on filtering, see the DBS filtering guidance on the Government’s website or by clicking here.
9. Data Storage and access[EB1]
9.1 The Company will ensure that DBS certificate information is kept 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.
10. Handling
10.1 In accordance with section 124 of the Police Act 1997, the Company will ensure that certificate 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 certificates or certificate information has been revealed. It is a criminal offence to pass this information to anyone who is not entitled to receive it.
10.2 Once the DBS certificate has been inspected, it will be destroyed in accordance with the Code of Practice.
11. Usage
11.1 Certificate information must only be used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.
12. Retention
12.1 Once a recruitment (or other relevant) decision has been made, the Company does not keep certificate information for any longer than is necessary. This is generally for a period of up to six months, to allow for the consideration and resolution of any disputes or inspections.
12.2 If, in very exceptional circumstances, it is considered necessary to keep certificate information for longer than six months, we will consult the DBS about this and will give full consideration to the data protection and human rights of the individual before doing so.
12.3 Throughout this time, the usual conditions regarding the safe storage and strictly controlled access will prevail.
13. Disposal
13.1 Once the retention period has elapsed, we will ensure that any DBS certificate information is immediately destroyed by secure means, e.g. by shredding, pulping or burning. While awaiting destruction, certificate information will not be kept in any insecure receptacle (e.g. waste bin or confidential waste sack).
13.2 We will not keep any photocopy or other image of the certificate or any copy or representation of the contents of a certificate. However, notwithstanding the above, we may keep a record of the date of issue of a certificate, the name of the subject, the type of certificate requested, the position for which the certificate was requested, the unique reference number of the certificates and the details of the recruitment decision taken.
[EB1]This clause should be tailored based on what happens in practice.