Absence and Sickness
Absence cannot always be foreseen. Examples of unforeseen absence include sickness and injury but might also include family or domestic emergencies. We must agree all other absence in advance.
Agreed absence will include holidays but might also include jury service, court attendance, or pre-notified medical appointments. Arrangements for holiday absence are dealt with below but you are asked to notify other scheduled absence as soon as you are aware of the need for it.
Sickness
As sickness leave represents a cost to the business and in a small company places a disproportionate burden on other staff, we expect you to have a responsible attitude to sickness leave and to your health. Sickness absence is monitored and at any time we may ask for an independent medical report, your consent to this and its disclosure to us.
Reporting Sick
You or someone on your behalf should notify the office by telephone (see telephone list for alternative numbers) as soon as you are anticipating being absent, but not later than one hour of your scheduled start time on the first day of absence. If you are aware of the expected duration of this absence you must inform us of the date of your anticipated return. If the absence is likely to extend beyond the initial estimate you should notify as soon as you become aware of this and in any event never any later than the date of that anticipated return. The following provisions apply to all sickness
Up to seven days absence due to sickness or injury you may be asked to complete our self-certification form (but see Statutory Holiday provision)
More than 7 days we may require a statement from a hospital or registered medical practitioner.
In any event we may at any time seek a second medical opinion and you consent to this and its disclosure to us.
Statutory Sick Pay
We are required by law to pay Statutory Sick Pay (SSP) for 28 weeks in any one Period of Incapacity for Work (PIW). You will be paid any SSP due to you if you are absent due to sickness, injury or any other qualifying reason. This will be set off against any entitlement you may have under your contract.
Your Qualifying Days for SSP are as stated in your contract of employment – e.g. Monday to Friday inclusive. The first three qualifying days of any period of incapacity from work (PIW) due to illness, injury or any other qualifying condition, are Waiting Days and no SSP is due. A period of incapacity must be at least four consecutive days including non-working days. PIWs, which are up to 56 days apart are linked for SSP purposes and there is no requirement for Waiting Days in the second period or any subsequent linked PIW.
Once you have exhausted 28 weeks SSP in any one PIW, you must claim any sickness benefit due to you from the DSS. You will be informed on Form SP1(T) when the last day of SSP is due. Thereafter, you should continue to send a doctor’s statements to us for forwarding to your local Department of Social Security. Full details of SSP including exclusions and eligibility are obtainable from the Accountant or your local DSS office.
Disability
If you are or believe you have become disabled within the meaning of the Disability Discrimination Act 1995, please tell us. If it is established that you are suffering from such a disability then we will then use our best endeavours to make reasonable adjustments to enable you to return to work. Whilst we examine such possibilities and put them into effect (if reasonably practicable) then, notwithstanding our policy on sick pay, we will continue to pay you on full pay until such process is complete.
Other unforeseen absence
Please notify us as soon as you are aware of the circumstances giving rise to the need for the absence. We endeavour to be as reasonable as possible but do reserve the right to treat any such absence as unauthorised if not promptly notified and agreed by us.
Holiday
Any holiday leave must be taken at a time agreed by us. If a public holiday falls on a day when you would normally work then you will be paid for it in addition to your contracted holiday leave. There may be times when we need to direct holidays to be taken to meet the needs of the business. For example this may be during school holidays or not depending on circumstance and your contract.
In the year that you join we will endeavour to honour pre-booked holidays but these will normally be unpaid except to the extent that you have earned leave entitlement. Exceptionally in the year that you join we may agree that you can take paid holiday leave in advance of entitlement to a maximum of 50% of the following year.
If you leave for any reason before the end of the holiday year having taken excess leave then the payment for this will be a debt due to the company. Similarly, if you leave the company during the holiday year with accrued holiday entitlement we will normally make a payment in lieu but we reserve the right to direct that holiday be taken during the notice period.
Any request for holiday leave must be in writing and give twice as much notice as the holiday leave requested. For example two weeks leave would necessitate four weeks notice, three days leave would require six days notice. For any notice period less than four days weekends will not be included. We will notify you of our response to your request as soon as possible. Our holiday year runs from January to December.
Bullying and Harassment
Everyone has the right to be treated with dignity and respect. Bullying is harmful; it is the major cause of workplace stress and can lead to accidents, illness, and poor performance. Bullying is defined as any unsolicited or unwelcome act that humiliates, intimidates or undermines the individual involved. This company will not tolerate any form of bullying at work, or outside work if it has a bearing on the working relationship. All employees are therefore responsible for helping to ensure that individuals are treated with respect and do not suffer from harassment, bullying, victimisation or discrimination.
The rights of individuals to be protected from harassment and bullying extends beyond the immediate workplace to include any environment where work-related activities take place including social gatherings organised by the Company such as work parties or outings (when they are held at a time or place associated with work).
We would also refer you to the ACAS codes which have additional helpful information on this difficult subject together with the HSE Guidelines for combating stress in the workplace.
Procedure
The aim of this procedure is to protect employees from bullying and to enable them, if necessary, to make a complaint or assist in an investigation without fear of reprisal or embarrassment.
When appropriate, every effort will be made to resolve the situation informally. Some incidents, however, by virtue of their serious nature will need to be dealt with immediately under the formal procedure.
Disciplinary action, including dismissal, will be taken against those failing to fulfil their responsibilities under this policy.
Examples of Bullying
1. Employees who are bullied often feel vulnerable and isolated and believe it is best not to complain as their complaints will not be taken seriously.
2. If an employee feels bullied, the matter must be taken seriously. The employee must decide whether to ask for informal assistance, or whether to proceed with a formal complaint. Examples of bullying behaviour include:
derogatory remarks, gossip, slander, swearing and obscene language
insensitive jokes, posters, graffiti or pranks
insulting or aggressive behaviour
ignoring or excluding an individual from social activities
Unwarranted intrusion into personal life, pestering or stalking.
setting unrealistic deadlines or setting someone up to fail
public criticism
substituting responsible tasks with menial or trivial ones
withholding necessary information
constantly undervaluing effort.
This list is not exhaustive. The actions listed above must be viewed in terms of the distress they cause the individual. It is the perceptions of the recipient that determine whether any action or statement can be viewed as bullying.
3. Any manager who receives a complaint of bullying, or is witness to bullying, must investigate the complaint or incident and ensure that the problem is resolved as quickly as possible.
4. All managers have a duty to establish and maintain a working environment free from bullying.
5. All employees most comply with this policy and take steps to ensure that bullying does not occur.
6. Any employee who feels bullied should feel confident that complaints will be taken seriously and dealt with in confidence.
7. Any employee who receives a complaint of bullying must respect confidentiality and should encourage the person being bullied to consider using the complaints procedure.
Complaints Procedure
Any complaint should be made to any director.
Complaints will be viewed seriously and treated confidentially.
Care will be taken during an investigation to treat all employees involved with consideration.
Once the investigation is completed, the director who has conducted it will decide, on the strength of the findings, the appropriate action to be taken. This may include disciplinary action.
The complaints procedure can be informal or formal. The employee must decide which procedure to use.
Informal Procedure
1. Employees should keep a written record of any incidents of bullying, including the date, time, and nature of incident, the names of those involved and the names of any witnesses.
2. The senior management will give confidential support and advice.
3. If possible, the person who is bullying should be told by the individual who is being bullied that the behaviour is offensive and unwanted, and must stop. An informal approach is usually preferable and direct action at an early stage will often be sufficient to stop behaviour which an individual considers offensive. In many cases the person complained about may be totally unaware that their behaviour is inappropriate or may have been misinterpreted. A colleague or member of senior management can act as a witness when this statement is made. Alternatively, an appropriate line manager can speak to the alleged bully.
4. Whenever possible, any complaint of bullying should be made in the first instance to any director.
Formal Procedure
Where informal methods fail, or the employee chooses not to use them or considers that the problem is sufficiently serious, a formal complaint can be made. The complaint should be made in writing, describing the incident(s) as fully as possible (see point 1 informal procedure). This complaint should be given to any director.
A manager will be appointed to investigate the complaint who is required to reply in writing within five working days. We will then arrange a meeting for you to discuss your complaint. If for any reason your manager is unable to respond within that period (e.g. holiday, sickness or some other substantial reason) you may be asked to agree an extension. We will interview the person against whom the allegations are made, the complainant and any relevant witnesses. These interviews will be conducted in confidence. All parties to these proceedings can be accompanied by a colleague or trade union representative.
The investigation should be concluded within two weeks of the complaint being received. If this time limit is exceeded, the complainant should be advised of this and given a date when the investigation will end.
The investigating manager must keep a detailed written record of the investigation and the findings. The complainant and the person(s) against whom the allegation has been made must be told of the findings by the investigating manager and these findings must also be given in writing.
If the complainant is dissatisfied with the outcome, or with the way in which the complaint was handled, then a written request for reconsideration should be made to any director within seven days of receiving the investigating manager’s decision.
If disciplinary action is justified, a disciplinary hearing will be arranged within 10 working days of either the decision of the investigating manager, or if the matter was referred for reconsideration the decision of a senior partner.
The employee against whom the allegation has been made will have the right to be accompanied at this hearing by a work colleague or trade union representative, and will have the opportunity to challenge the evidence and to state his or her case. The hearing will be conducted in accordance with our disciplinary procedures.
Any disciplinary action taken will reflect the severity of the offence and may include the transfer of the employee accused of bullying, on a temporary or permanent basis, or dismissal. The employee may appeal against the penalty in accordance with the company’s appeals procedure.
In Conclusion
The appropriate line manager must ensure that any employee who makes a complaint of bullying is not victimised.
Any complaints found to be false and malicious will result in disciplinary action being taken against the complainant.
Harassment Policy
As stated in our Equal Opportunities policy we deplore all forms of harassment and seek to ensure that the working environment is sympathetic to all our employees. The following procedure informs employees of the type of behaviour that is unacceptable and provides employees who are the victims of harassment with a means of redress. Harassment on the ground of sex, sexual orientation, religion or belief, marital status, disability, age or any other unlawful criteria or circumstances, is unacceptable. Implementation of the policy is the duty of all managers. All employees are expected to comply. Whether the harassment is directed to staff, contacts or clients of the company or suppliers, this policy applies.
Procedure
Sexual harassment at work is unlawful, and both the company and the harasser may be held liable for such unlawful actions, and be required to pay damages. Sexual harassment can reduce the effectiveness of the company by creating a threatening environment, and increasing sickness absence and labour turnover. Women and men have the right to work in an environment free from sexual intimidation.
Racial harassment at work is also unlawful and as with sexual harassment both the company and the harasser may be held liable. It also creates a threatening environment and all staff have the right to work in an atmosphere free from racial intimidation.
Intentional racial or sexual harassment is also a criminal offence punishable by imprisonment or a fine.
By law employers are also assumed to be guilty of unlawful discrimination if they harass any existing or prospective employee for reasons connected with age sexual orientation, religion or belief.
Examples of Harassment
1. Sexual harassment takes many forms, from relatively mild sexual banter to actual physical violence. Employees may not always realise that their behaviour constitutes sexual harassment but they must recognise that what is acceptable to one person may not be acceptable to another. Sexual harassment is unwanted behaviour of a sexual nature by one employee towards another.
Examples of harassment include:
(a) insensitive jokes and pranks
(b) lewd comments about appearance
(c) unnecessary body contact
(d) displays of sexually offensive material, eg pin-ups, e-mails with offensive attachments, inappropriate web pages
(e) requests for sexual favours
(f) speculation about a person’s private life and sexual activities
(g) threatened or actual sexual violence
(h) threat of dismissal, loss of promotion, etc for refusal of sexual favours.
2. Racial harassment can also take many forms; from relatively minor abuse to actual physical violence. Examples of harassment include:
(a) insensitive jokes or songs related to race
(b) pranks
(c) deliberate exclusion from conversations
(d) abusive, threatening or insulting words and behaviour
(e) displaying abusive writing and pictures, flags, bunting or emblems.
(f) Personal remarks about appearance
3. Harassment relating to sexual orientation could take many forms, including:
(a) insensitive jokes relating to sexual orientation
(b) displays of sexually offensive material relating to sexual orientation, eg e-mails with offensive attachments, inappropriate web pages
(c) pranks
(d) speculation about a person’s private life and sexual activities.
4 Harassment relating to religion or belief could take many forms, including:
(a) insensitive jokes or pranks, singing sectarian songs
(b) abusive, threatening or insulting words or behaviour
(c) displaying abusive writing and pictures.
The examples above are not exhaustive. Some of the items may, after investigation, be obvious examples of gross misconduct, punishable by summary dismissal, but other items may constitute gross misconduct depending on the circumstances of the case in question.
The Environment
The company prohibits the display of sexually offensive material, eg pin-ups and posters, and will if necessary ensure that workplaces are inspected and offending material removed.
All new employees will be informed of the company’s policy towards harassment at induction training, when it will be stressed that all complaints of harassment will be treated very seriously.
The company expects all managers to ensure that this policy and procedure is adhered to at all times.
Informal Remedy
Employees who are victims of minor sexual or racial harassment are advised to make it clear to their harasser that the behaviour is unacceptable and must stop. If an employee is unable to do this verbally then a written request (explaining the distress which the behaviour is causing) handed to the harasser may be effective. The person named above can assist employees in taking such action.
Formal Procedure
1. Where informal methods fail, or serious harassment occurs, employees are advised to bring a formal complaint, and should seek assistance, as above, in doing so. The complaint should be made in writing, and where possible, state:
the name of the harasser
the nature of the harassment
dates and times when harassment occurred
names of witnesses to any incidents of harassment
any action already taken by the complainant to stop the harassment.
2. The complaint should be sent, in confidence, to any director. Immediately a complaint of harassment has been received, action will be taken to separate the harasser from the complainant; this may involve temporary transfer of the harasser to another department, or suspension with pay until the complaint has been resolved.
3. The senior manager handling the complaint will carry out a thorough investigation as quickly as possible, maintaining confidentiality at all times. All employees involved in the investigation are expected to respect the need for confidentiality. Failure to do so will be considered a disciplinary offence.
4. Copies of statements made by witnesses will be made available to the harasser and the complainant. Witnesses will be encouraged to appear at the complaint hearing if requested by either party. It is acknowledged that some witnesses may be reluctant to do so. In these circumstances the manager will, if necessary, adjourn the hearing to ask supplementary questions of witnesses in private.
5. In cases of sexual harassment the complainant may, if he or she wishes, be supported throughout the procedure and hearing by the colleague named above. Alternatively, where an employee is supported by a recognised trade union, he or she may be represented by a full-time official of that union. Alternatively, an employee may be accompanied by any colleague of his or her choice.
6. In cases of racial harassment the complainant may be represented by a full-time official of his or her union or alternatively accompanied by any colleague of his or her choice.
7. The employee accused of harassment will also have the right to be accompanied at the hearing. Where the manager concludes that harassment has taken place, he or she will ensure that the harasser has every opportunity to defend or explain his or her actions, in accordance with the company’s disciplinary procedure.
8. The severity of the penalty imposed upon an employee guilty of harassment will be consistent with those detailed in the disciplinary procedure (eg gross sexual harassment will normally result in summary dismissal). Where a lesser penalty is appropriate (eg a written warning) this may be coupled with action to ensure that the victim is able to continue working without embarrassment or anxiety. After discussion with the victim, the manager may order the transfer of the harasser to a different work area, or arrange for the amendment of working practices to minimise contact between the two employees. If the victim so wishes his or her own transfer will be arranged, subject to practical limitations. The result of the hearing will be confirmed in writing to both employees.
9. If the complainant is not satisfied about the way his or her complaint has been handled, he or she may ask for it to be reconsidered by another senior partner. Requests for reconsideration of the complaint should be made within 10 working days of the first hearing. The decision of this second hearing will be sent, in writing, to both parties and will be final.
10. An employee who receives a warning or is dismissed for sexual or racial harassment may appeal against the penalty in accordance with the company’s appeals procedure.
11. An employee who brings a complaint of sexual or racial harassment will not suffer victimisation for having brought the complaint. However, if the complaint is untrue and has been brought in bad faith (eg spite), disciplinary action will be taken against the complainant.
Disciplinary Procedure
This procedure exists to help and encourage all employees to achieve and maintain acceptable standards of conduct, attendance and job performance and aims to ensure that they are treated in a fair and consistent manner. It applies to all employees of the company.
We would prefer discipline to be voluntary and self imposed. However this may not always be possible and sometimes we may need to take disciplinary action against an employee. This statement of procedures is designed to set out the circumstances under which we may need to take disciplinary action and if so, the manner in which it is done.
The procedure manual and staff handbook set out your obligations to us and the way we expect you to behave.
If you are subject to disciplinary action, our procedures are designed to establish the facts quickly and to deal consistently with disciplinary issues. No decision will be taken until the matter has been fully investigated. In applying the disciplinary procedures you should note:
At every stage you will be told in writing the nature of the complaint and you will have and opportunity to state your case. You have the right to be accompanied by a colleague of your choice or a representative of a trade union during any stage of the procedure.
You will not be dismissed for a first breach of discipline unless it amounts to gross misconduct when the penalty will normally be dismissal without notice or pay in lieu of notice.
You have a right of appeal against any disciplinary action taken
Probationary period
The first 3 months (or 6 months by agreement) of your contract is a probationary period and the following procedures will not apply during it.
The Procedures
Warnings
Stage 1 Verbal Warning
If despite informal discussion your conduct or performance does not meet acceptable standards you will normally be given a formal verbal warning. You will be advised of:
The reason for the warning
The expected improvement
The help, if any, you will receive to achieve and improvement
The timescale for achieving such an improvement
That this is the first stage of the disciplinary process
Your right of appeal
Within seven days of this verbal warning you will be given written notification. A record will be maintained on your file for a period of six months after which it will be removed provided that in the meantime your conduct and performance has been satisfactory.
Stage 2 Written Warning
If there is no improvement in standards or if there is a repetition of an earlier offence, or if the offence itself is more serious than is appropriate for a verbal warning then a written warning may be issued. This will only happen after a disciplinary meeting.
The reason for the warning
The expected improvement
The help, if any, you will receive to achieve and improvement
The timescale for achieving such an improvement
That action under stage 3 will be considered if there is no improvement
Persons present at the meeting
Your right of appeal
A record will be maintained on your file for a period of twelve months after which it will be removed provided that in the meantime your conduct and performance has been satisfactory.
Stage 3 Final Written Warning
If there continues to be no improvement in standards following the first written warning or if an offence is sufficiently serious to justify only one written warning then a final written warning will be issued. This will only occur after a disciplinary meeting. Before the disciplinary meeting takes place you will be provided with full written details of any allegations or complaints against you and you will have the opportunity to consider these details. You may respond in writing if you wish or simply give us your response at the meeting.
If, following the disciplinary meeting we decide we should give you a formal written warning then the warning will state:
The reason for the warning
That dismissal will follow if there is no improvement
Your right of appeal
A record will be maintained on your file for a period of twelve months after which it will be removed provided that in the meantime your conduct and performance has been satisfactory. In exceptional cases this may be longer.
Stage 4 Dismissal
Finally if there still fails to be an improvement in standards or conduct dismissal will result. This will only occur after a disciplinary meeting. Before the disciplinary meeting takes place you will be provided with full written details of any allegations or complaints against you and you will have the opportunity to consider these details. You may respond in writing if you wish or simply give us your response at the meeting. You will have the right to be accompanied by a colleague of your choice or a representative of your professional association or trade union.
If the allegations are found proven we may adjourn the meeting to consider the disciplinary sanction to be imposed. You will then have a further opportunity to make representations about the appropriate sanction we should apply.
After a final disciplinary meeting you will receive written notification of our finding, which will state:
The reasons for your dismissal or any other sanction imposed.
The date, if any, on which your employment will come to an end and whether you will be required to work your notice.
Your right of appeal.
Gross misconduct
There may be circumstances where misconduct may be sufficiently serious to warrant summary dismissal. If this should be alleged you will be called to a disciplinary meeting. In the interim you will normally be suspended on your contractual salary until the meeting. Before the disciplinary meeting takes place you will be provided with full written details of any allegations or complaints against you and you will have the opportunity to consider these details. You may respond in writing if you wish or simply give us your response at the meeting. You will have the right to be accompanied by a colleague of your choice or a representative of a trade union. The following list is not intended to be exhaustive but simply to provide examples, which would normally be regarded as gross misconduct.
Theft or other acts of dishonesty committed
Assault upon or verbal abuse of colleagues, clients or any other visitor to our premises
Reckless or deliberate damage to our property
Any reckless or deliberate breach of the Company’s Health and Safety Policy capable of injuring or endangering the safety of colleagues, clients or visitors to our premises
Smoking anywhere inside the company premises, or those of a client or supplier
Bullying or harassment
Sexual or racial harassment, religious abuse or any other serious breach of our Equal Opportunities Policy
Deliberate or reckless misuse of our computer systems
Breach of our drugs and alcohol policy
Any other act which may seriously jeopardise our good reputation or your standing with customers
Breach of your obligations of confidentiality in respect of information in your possession regarding the business and its methods or of your colleagues, their families, or our clients
If the allegations are found proven we may adjourn the meeting to consider the disciplinary sanction to be imposed. You will then have a further opportunity to make representations about the appropriate sanction we should apply.
Suspension
We have the right to suspend you on your contractual rate of pay during any investigation that may be required for any of the disciplinary stages above.
Appeal
You have the right to appeal against any decision in the disciplinary procedure. This appeal must be in writing and made within three working days of any decision notified to you. The appeal may be addressed to any director. Any appeal hearing will take place as soon as possible and the decision given to you in writing. You have the right to be accompanied at any hearing by a colleague of your choice or a representative of a trade union.
Equal Opportunities
Weset great store by equal opportunities. Our policy is that no discrimination should occur directly, or indirectly, against any person on the grounds of age, colour, sex, sexual orientation, marital status, race, belief, nationality, ethnic or national origin and physical or mental disability. Our policy is to uphold these standards not only in the workplace but also in all our dealings as a company with those with whom we come into contact. These may be customers, suppliers or tradespeople.
Discrimination
Discrimination can show itself in a number of different ways all of which are unacceptable tous. It can be direct; which would come from treating someone from a different group less favourably than others would be in the same or similar circumstances. It may be indirect; which could be as a result of applying a provision, criterion or practice which although apparently reasonable is in fact likely to disqualify a substantial proportion of a particular group. For example a height requirement of 6 foot would disadvantage more women than men.
It can also be seen in victimisation or harassment. Victimisation might arise from the singling out of an individual or group for unequal treatment. This requires particular vigilance. What you regard as a light-hearted or throwaway remark may cause offence to a particular group. Harassment of whatever nature is equally unacceptable. Harassment may include:
The display or circulation of material, which is sexually suggestive or racially offensive. It might also mock or satirise people of a particular faith or with disabilities.
Insults or ridicule which are of a sexual or racial nature or relate to someone’s beliefs
Unwelcome sexual attention or hints that sexual favours may further a career or financial interest.
For our part we recognise that all employees regardless of racial or national origin, belief, gender, disability or sexual orientation have a right to equal opportunity. We will apply this in everything we do including recruitment, promotion, appraisals or discipline. We will assist with training for all those who have responsibility for implementing the company’s policy.
For your part we expect you to abide by this policy with total commitment in all your activities. If you feel that you are the victim of discrimination you should raise it as soon as possible. This is so even if the discrimination that you are complaining about is from a customer of the company. You may do this with your immediate manager or, if for any reason whatsoever you are uncomfortable dealing with your immediate manager, you should raise it with any of the directors of the company who willingly accept their responsibility for the implementation of this policy.
We would want all employees to be familiar with our policy and be at ease with the implementation of it. The full Acas codes on discrimination are available on request. Additionally if at any time you have any queries please ask any director.
Finally any act of discrimination by any member of staff is regarded as serious and will be dealt with under our Disciplinary Code. You should also read this policy in conjunction with our Dignity at Work.
Family Policies
Maternity
All female employees are entitled to Maternity Leave and have the right to return to work after childbirth. The amount of leave and the entitlement to pay during maternity leave depend on how long you have worked with us. The Government stipulates various requirements for us as employers and you as employees. In order to be helpful we are summarising those requirements. However if you have any queries about your entitlement that you feel are not adequately answered by these procedures the DSS and the Inland Revenue have booklets available. You may also find information available in your G.P’s surgery.
How much leave am I entitled to?
All female employees who are pregnant are entitled to take 26 weeks maternity leave (Ordinary Maternity Leave). Regardless of how long you have worked for us you are entitled to extend this to 52 weeks. This Additional Leave will expire 26 weeks after any Ordinary Maternity Leave. The absolute maximum leave is therefore 52 weeks.
When can I take it?
At any time after the 11th week prior to the EWC* but you should note that it is illegal to work within 2 weeks of the birth of a child.
* The law uses “expected week of childbirth” as clearly some births may be premature whilst others may be late.
How do I claim maternity leave?
You will need to know the EWC and let us know at least by the end of the 15th week before the EWC. Within 28 days of receiving this notice we will notify you of the end date of your maternity leave.
If you are entitled to claim the additional maternity leave and know that you intend to take it we would request you tell us at this time.
Returning to work after maternity leave
We will expect you to return to work at the end of your maternity leave entitlement. If you wish to return to work during the period of your maternity leave entitlement you should give us 8 weeks notice of your intended return. We may agree to accept less notice than this but it is a matter for our discretion.
What if I decide to leave?
Quite simply you should give us the notice specified in your contract.
Will I be paid?
You will be paid Statutory Maternity Pay (SMP). This is at the rate of 90% of your normal weekly earnings for the first 6 weeks (“the upper rate”) and then at “the lower rate” for the next 33 weeks. The lower rate is currently £112.75 per week (as at 6th April 2007)
To be eligible to qualify for maternity pay you must:
Be pregnant at the start of the maternity leave
Have stopped working
Have given 28 days notice in writing of your intention to start maternity leave. A premature birth may give rise to slightly different requirements in which case you should check.
Provide medical evidence (normally MATB1) within 21 days of your starting your maternity leave but not more than 14 weeks before the baby is expected.
Keeping in touch
Clearly during your maternity leave you will be focusing on your new child and that will take priority for you. However you will probably want to stay in touch with work and we would certainly want to inform you of news, developments and job opportunities. Before you start your leave we will want to discuss with you how best to do this and how often you would like to maintain contact. Make sure you let us know how we should do this e.g e-mail or letter.
You are also permitted to work up to 10 days during your maternity leave. These will be paid at your normal rate of pay and your maternity allowance will not be affected. We believe it is highly desirable to do this and will endeavour to offer this possibility but there is no obligation on us to offer it and similarly there is no obligation on you to accept.
Paternity
You may be entitled to Paternity Leave. Statutory paternity leave can be taken any time up to 8 weeks after the date of birth or placement for adoption and you will be entitled to take either one week or two consecutive weeks (your choice) as paternity leave subject to the following conditions
You must be either the father of the child or be married to the mother or adopter of the child or be his or her partner
You must have or expect to have responsibility for the upbringing of the child.
You must have been in continuous employment for 26 weeks with us ending the week immediately preceding the 14th week before the expected week of the child's birth
You must give notice to us during or before the 15th week before the expected week of the child's birth of how much leave you intend to take and when you intend to take it. This must be specified in the notice.
You must comply with any request to provide a declaration, signed by you to the effect that the purpose of this absence from work will be for the purpose of caring for the child or supporting its mother (or adopter) and that you satisfy the conditions of entitlement.
Will I be paid?
Yes. You will be paid at the current rate for paternity pay. (From 6th April 2007 normally £112.75 per week)
Parental Leave
Am I entitled?
If you have completed one year's continuous employment with us and have, or expect to have responsibility, for a child then you have the right to 4 weeks unpaid parental leave per year while the child is under age 5. This is subject to an overall maximum of 13 weeks leave by the child’s 5th birthday in respect of each child.
If disability living allowance is payable in respect of the child then you may in fact take up to 18 weeks in total before that child’s 18th birthday.
How do I claim it?
You must give us at least 21 days notice. Unless you are taking leave immediately after the time the child is born or placed with your family for adoption, we can require you to postpone the leave for up to 6 months for business reasons. In such a case we will always suggest an alternative. We will always try to be reasonable and ask that you do the same. More notice is always better than less.
It must be taken in complete weeks and can be claimed by both male and female employees
Will I be paid?
No. Parental leave does not attract any payment.
Ordinary Adoption Leave
Eligibility
You will be eligible for Ordinary Adoption leave (OAL) if you have a child placed with you who is aged up to eighteen years of age. You must have worked for the Company for six months (26 weeks) prior to notification of being matched with a child for adoption. You will be entitled to OAL regardless of your length of service, whether you work full or part time or are employed on a temporary or permanent basis.
You or your partner may chose to opt for OAL. The other partner will be entitled take two weeks leave at the time of placement from his/her employer.
The adoption must be through an approved agency. OAL cannot commence more than 14 days before the Expected Week of Placement and the latest leave may begin is the date of placement.
Notification
You must give 28 days notice of when you intend to start leave, unless this was not reasonably practicable, in which case OAL will commence on the day that the child was placed with you for adoption.
You will receive a matching certification from your agency when an approved match has been made and must provide this within 7 days of receipt.
Duration of AOL
You are entitled to 26 weeks OAL. You do not need to give notice that you wish to return to work at the end of OAL but must give 28 days notice if you wish to return earlier. The Company will consider any requests to return with earlier than 28 days notice but the Company is entitled to require you to give the full 28 days notice.
Additional Adoption Leave
You will be eligible for Additional Adoption Leave (AAL) if you have been continuously employed for at least six months (26 weeks) before the week that you were notified of being matched with a child for adoption. This will commence on the day after OAL and continue for six months (26 weeks).
It is not necessary to inform the Company that you intend to take AAL. It is hoped that you will in order that the Company can plan for your absence.
Flexible Working
Those with childcare responsibilities or those who care for adults* may be able to ask us to consider flexible working.
*Must be or expect to be caring for a spouse, partner, civil partner or relative; or
if not the spouse, partner or a relative, live at the same address as the adult in need of care.
Who can ask?
If you have responsibility for a child under 6, or 18 if the child has a disability living allowance, or if you care for an adult then you are entitled to ask us to consider it.
How do I ask?
Your request should be dated and in writing. If you have asked before you should draw our attention to it and tell us when you made the previous request. You must tell us what changes you are looking for and over what period. It is not for us to be prescriptive about such requests but they may include changes to hours or perhaps an element of working from home. It is also useful in any request to suggest how the request can be accommodated. For example if you are suggesting a job-share, try and find a partner for it.
What happens next?
If we agree the changes we will confirm this in writing. We may ask you to a meeting to discuss the request. This meeting will be within 28 days of your request unless we both agree otherwise. After any meeting we will notify you of our decision within 14 days. If our decision is a refusal we will explain our reasons.
Can I appeal?
You may indeed do so. Any appeal must be made in writing within 14 days of you receiving our decision. We will hold an appeal meeting within 14 days of your appeal letter. Someone more senior than the person who refused your request will normally deal with your appeal.
Can I be accompanied at any meeting?
You may be accompanied by a colleague of your choice or a trade union official.
Grievance Procedure
We would hope that you would not personally experience problems during your employment with us. However clearly it would not be realistic to assume that the workplace will always be trouble-free. After all each and every-one of us suffers from day-to-day stresses and difficulties which may sometimes give rise to grievances. We would hope that any grievances might be dealt with on an informal basis between yourself, your colleagues and your immediate manager.
In the event that you do not feel that an informal approach has worked or is not appropriate for you, we have established a formal grievance procedure. This is set out below:
Stage 1
The grievance should be raised in writing with any director who will aim to reply in writing within five working days. We will then arrange a meeting for you to discuss your grievance. If for any reason the director is unable to respond within a five day period (e.g. holiday, sickness or some other substantial reason) you may be asked to agree an extension. If you are not satisfied with the way in which your grievance has been handled or that the problem has been resolved, then you have the right to proceed to the second stage of the grievance procedure. This is sometimes called an Appeal. This right applies equally if you are not prepared to agree to an extension.
Stage 2
The grievance or appeal should be referred in writing to one of the people listed below*.
At this point you should indicate if you wish a written response. This will then normally follow within five working days. We will arrange a meeting to discuss your grievance and after that meeting notify you of our final decision.
At any meeting you have the right to be accompanied by any colleague of your choice, or by a representative of a trade union.
Health and Safety
NOTE - This policy statement must be read in conjunction with our Local Safety Arrangements, Advice and Information. These can be found posted at each site we occupy, permanent or temporary.
Company
We acknowledge that the responsibility to ensure and recognise that the health, safety and welfare at work of all employees, whether on our premises or carrying out our business elsewhere is primarily ours. We accept a duty of care to other persons whilst they are on the Company premises whether customers, suppliers or other visitors.
The Managing Director has ultimate authority and responsibility in relation to health and safety topics. Everyone with responsibility for other people has, as a primary duty, to safeguard their welfare, health and safety whilst at work.
We will do all in our power to ensure as far as is reasonably practicable:-
The provision and maintenance of a safe place of work with proper access.
The provision of equipment, materials, clothing and methods of work incorporating safety precautions, which are without risks to health.
Periodic checks are carried out to monitor and control adherence to statutory requirements, Codes of Practice and internal standards, that relate to safety, health and welfare in the work place, and take any necessary steps to eliminate potential or actual hazards.
The provision of such information, instruction, training and supervision necessary to ensure the health and safety at work of employees.
The thorough investigation of all accidents or “near-misses” with a view to preventing their recurrence.
That contractors and other visitors to our premises are made aware of and comply with the safety policy, standards and regulations.
That first-aid facilities, fire-precautions, fire-fighting equipment and the emergency evacuation procedure are regularly examined and, if necessary, improved. We will also ensure that all employees have adequate instruction and training in emergency evacuation procedures.
Employees
Each employee is expected to conform to our policy and regulations on health and safety topics and to recognise their responsibility in law for their own safety and that of colleagues. Further, employees are expected to help and co-operate in achieving safe and hazard-free working areas and operations.
Specifically, employees must comply with the following:-
No smoking is permitted anywhere on the company’s premises
All precautions, protective clothing and equipment prescribed in an approved method of work must be applied as directed.
Only personnel who are trained and authorised to use equipment, machinery or vehicles may do so, provided always that it is in a safe and proper working condition, and that all guarding and other precautions are operating.
All equipment, work and storage areas, gangways and staff facilities should be maintained in a clean and tidy condition.
All machinery, power supplies and materials must be left in a safe condition when unattended or when work ceases.
Repairs and adjustments to equipment or machinery may only be carried out by those who are authorised to do so.
Any dangerous or injurious incident or “near miss” must be reported at the earliest opportunity to a director and appropriate details recorded in the Treatment and/or Accident Book which is maintained by (name)
Misuse or interference with any item provided in the interests of safe and healthy working conditions will be treated as gross misconduct.
Practical joking, horseplay or reckless behaviour endangering others are forbidden.
While working away from the office, employees must comply with all local safety policies, procedures, rules or precautions.
In conclusion, each employee is required to conform to Company policy and regulations on Health and Safety topics and to be responsible for his or her own safety at work and that of colleagues.
Employee consultation
We will consult with our staff on appropriate Health & Safety procedures and the assessment of risks in the workplace. The staff may nominate a representative for each of our locations with whom we will liaise.
This policy will be reviewed as often as appropriate.