The success of any organisation and that of its employees depends very largely on the employees themselves, and so we look to you to play your part as we shall continue to play ours.
This Handbook sets out the Company’s main policies and procedures as well as a summary of the rules. Where there are different or additional arrangements for particular employees these are expressly set out separately in writing to the individuals concerned.
The Handbook is non contractual and the Company reserves the right to amend the Handbook from time to time, without notice if necessary. Such changes will be communicated via the notice boards.
We ask that you study carefully the contents of this Handbook, as in addition to setting out our rules and regulations, it also contains a great deal of helpful information. When you join the Company you will be issued with a Statement of Terms and Conditions of Employment, these should be read in conjunction with this Handbook.
If you have any questions regarding the contents of this Handbook, please contact your Line Manager.
The company believes that upholding high standards of health and safety is of upmost importance and must not be compromised, the safety and wellbeing of our employees is as important as other management objectives including profit.
We are dedicated to pursuing active implementation of our policies and constant improvement of all health and safety matters.
To achieve this, the company will take all reasonable precautions to ensure the health and safety of all its employees and other people who visit site.
It shall be the duty of every employee while at work to:
Everyone has responsibility for their own safety and the safety of other employees who may be affected by things they do or don’t do.
However the company recognises that Directors, Managers and Supervisors are responsible for making sure they take proper health and safety precautions in the area under their control.
Should anyone have any concerns or require guidance on matters relating to health and safety please contact the Health & Safety Manager.
The organisation collects and processes personal data relating its employees to manage the employment relationship. The organisation is committed to being transparent about how it collects and uses that data and to meeting its data protection obligations.
What information does the organisation collect?
The organisation collects and processes a range of information about you. This includes:
The organisation may collect this information in a variety of ways. For example, data might be collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from forms completed by you at the start of or during employment (such as benefit nomination forms); from correspondence with you; or through interviews, meetings or other assessments.
In some cases, the organisation may collect personal data about you from third parties, such as references supplied by former employers, information from employment background check providers, information from credit reference agencies and information from criminal records checks permitted by law.
Data will be stored in a range of different places, including in your personnel file, in the organisation’s HR management systems and in other IT systems (including the organisation’s email system).
Why does the organisation process personal data?
The organisation needs to process data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer benefit, pension and insurance entitlements.
In some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee’s entitlement to work in the UK, to deduct tax, to comply with health and safety laws and to enable employees to take periods of leave to which they are entitled.
In other cases, the organisation has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the organisation to:
Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities).
Where the organisation processes other special categories of personal data, such as information about ethnic origin, sexual orientation or religion or belief, this is done for the purposes of equal opportunities monitoring. This is to carry out its obligations and exercise specific rights in relation to employment.
Who has access to data?
Your information may be shared internally, including with HR (including payroll), your line manager, managers in the business area in which you work and IT staff if access to the data is necessary for performance of their roles.
The organisation shares your data with third parties in order to obtain pre-employment references from other employers, obtain employment background checks from third-party providers and obtain necessary criminal records checks from the Disclosure and Barring Service. The organisation may also share your data with third parties in the context of a sale of some or all of its business. In those circumstances the data will be subject to confidentiality arrangements.
The organisation also shares your data with third parties that process data on its behalf, in connection with payroll, the provision of benefits and the provision of occupational health services.
The organisation will not transfer your data to countries outside the European Economic Area.
How does the organisation protect data?
The organisation takes the security of your data seriously. The organisation has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties.
Where the organisation engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.
For how long does the organisation keep data?
The organisation will hold your personal data for the duration of your employment. The periods for which your data is held after the end of employment are:
Your rights
As a data subject, you have a number of rights. You can:
If you would like to exercise any of these rights, please contact GDPR@mosspark.org.uk
If you believe that the organisation has not complied with your data protection rights, you can complain to the Information Commissioner.
What if you do not provide personal data?
You have some obligations under your employment contract to provide the organisation with data. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide the organisation with data in order to exercise your statutory rights, such as in relation to statutory leave entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights.
Certain information, such as contact details, your right to work in the UK and payment details, have to be provided to enable the organisation to enter a contract of employment with you. If you do not provide other information, this will hinder the organisation’s ability to administer the rights and obligations arising as a result of the employment relationship efficiently.
The Company is committed to the principle of equal opportunities in recruitment and employment and is opposed to any form of less favourable treatment through direct or indirect discrimination, harassment or victimisation of employees or job applicants.
The Company is opposed to discrimination on the grounds of race, religion or belief, political opinions, creed, colour, ethnic origin, nationality, marital/parental status, sex, sexual orientation, gender reassignment, age or disability.
The Company will promote equal opportunities to ensure that individuals receive treatment that is fair and equitable and consistent with their potential skills and abilities. Employees will be recruited, selected, promoted and trained on the basis of objective criteria.
Any employee that feels they have been treated unfairly or subjected to direct or indirect unfair discrimination can raise the matter through the appropriate grievance procedure. Every effort will be made to secure a satisfactory resolution. Any employee making a complaint of unfair discrimination will be protected from any victimisation in any form.
We will not discriminate against anyone who has a spent conviction under the Rehabilitation of Offenders Act 1974.
The overall responsibility of the policy lies with senior management however all employees are required to comply with the policy and to act in accordance with its objectives so as to remove any barriers to equal opportunity. Any act of discrimination by employees or any failure to comply with the terms of the policy is a potential disciplinary matter.
Given the nature of the working environment it is very important that all employees observe good hygiene practices and in particular wash hands on frequent basis.
In addition:
Harassment is unsolicited and unwelcome behaviour that adversely affects the dignity of the recipient.
Where such behaviour is motivated by gender, marital status, race, age, colour, national or ethnic origin, nationality or disability it also amounts to infringement of the equal opportunities policy.
We are committed to ensuring that, whatever the motivation, no harassment or victimisation at work is overlooked or condoned. Such behaviour can range from extreme forms such as violence or bullying to less obvious actions like practical jokes and ridiculing colleagues.
Conduct becomes harassment if it persists after the recipient has made it clear that it is regarded as offensive, although a single offensive act can amount to harassment if it is so serious as to be obviously offensive towards the recipient. Any form of harassment is a potential disciplinary matter.
If you believe you are the subject of harassment you should make a formal complaint to your manager or another senior manager. We will do all that we can to resolve the complaint of harassment sensitively, impartially, effectively and quickly.
There will be no victimisation of any employee for making , supporting or assisting a complaint of harassment, even if the complaint is not upheld, provided it was made in good faith.
Holiday Year
The holiday year runs from 1 January to 31 December.
Holiday Entitlement
Your holiday entitlement is stated in your individual Terms and Conditions of Employment.
Holiday Requests
Requests will only be considered if requested through the HR Online System and the Company will approve requests on a ‘first come, first served’ basis to ensure minimum staffing levels are maintained throughout the year. Holiday requests may be refused in order to ensure operational efficiency of department/business.
In order to plan for authorised holidays, the following notice period is required for submission of a holiday request form. This notice period should, in the norm, be adhered to.
The Company recognises that circumstances can arise where this notice period cannot be adhered. These should be discussed with your Line Manager.
No of Days Holiday | Notice Required |
One | One Weeks Notice |
One Week | Two Weeks Notice |
Two Weeks | One Months Notice |
Any employee requesting more than two weeks holiday in one block must seek the approval of a Director.
Part Time Workers
If a part time employee works for less than 5 days per week, holiday entitlement will be calculated on a pro-rata basis in accordance with the number of days or hours worked per week.
Unused Holidays
If an employee does not take all their holidays in a year they will lose any days that they have not taken.
Holidays on Leaving
In the case of an employee leaving the Company, it will be at Management’s discretion whether to allow holidays to be taken as part of the notice period. Any unused days will be paid in the employee’s final payment.
If an employee has taken more holidays than accrued then a deduction will be made from his/her’s final payment.
Sickness Absence and Holidays
See Section on Sickness Absence.
Introduction
The Mosspark Group of companies aims to encourage all employees to maximise their attendance at work. However, it is recognised that a certain level of absence from work is often inevitable for a variety of reasons, including sickness.
While the organisation understands that there will be some absence among employees, it must also pay due regard to its business needs.
If an employee is frequently late or absent from work or is absent for a lengthy period (for whatever reasons), this can damage efficiency and productivity, and place an additional burden of work on the employee’s colleagues.By implementing this policy the organisation aims to strike a reasonable balance between the pursuit of its business needs and the genuine needs of employees.
The key aim of this policy is to encourage reliable attendance among all employees, so that a dependable staffing base can be established to meet the organisation’s needs.
This policy is structured as follows:
Section A – Timekeeping
Section B – Sickness Absence
Section C – Attendance Management (covers timekeeping and sickness absence)
Absence for other reasons (ie not sickness related, is covered in the next policy within the Handbook – ‘Absence for Other Reasons’).
The application of this attendance policy does not imply that an employee’s absence is not genuine. The procedure is a means of managing attendance, which includes the management of genuine absences.
Notification of Lateness
Employees are expected to be at their work station, ready to start work, at their scheduled start time. If an employee is more than five minutes late for work they must immediately report to management with an explanation, before starting work.
If an employee is more than 20 minutes late, and alternative arrangements have been made to cover the employee’s work, the employee may be sent home without pay.
Leaving Site Before Scheduled Finish Time
If an employee needs to leave work before their scheduled finish time they should obtain prior authority from management. An explanation or appropriate evidence should be provided. Please note that failure to seek approval prior to leaving may result in serious disciplinary action.
Clocking In and Out
It is the employee’s responsibility to use the clocking in and out facilities designated to them. Clocking in or out for another employee is considered a serious disciplinary offence. If an employee has an issue with the clock terminal or the online clocking system, they must make their manager or HR aware as soon as possible.
All employee absences will be counted for the purpose of this policy except for approved holidays, family leave periods (eg maternity/paternity leave), approved compassionate leave or pregnancy-related absences.
If an employee has a chronic illness or disability, or if a number of absences are linked to one illness, referral should be made to the HR before issuing a formal warning. In some circumstances the employee may be issued with a separate set of absence level trigger points or some absences may be disregarded completely at the discretion of management. This will normally involve seeking advice from Occupational Health in the first instance.
Examples include 1) where an employee has fallen seriously ill (eg suffered from a heart attack), 2) has tried to return to work but after a short period of time at work has had to go absent again. 3) where an employee has a disability as defined by the Equality Act 2010.
Notification of Absence
Unless an absence has been authorised in advance any employee absent from work for any reason must notify their line manager within 30 minutes of their normal start time. Notification must be made by telephone to the employee’s line manager, indicating the reason for absence and the likely date of return. If the employee’s line manager is not available, the employee should speak to another supervisor or manager.
Unless the employee is unable to, employees rather than their representatives must contact the Company. Please note that text messages or messages via other work colleagues or reception are not acceptable.
If, in exceptional circumstances (eg hospitalisation) the employee is unable to phone themselves, someone should phone for them but then the employee should phone themselves as soon as it is practical to do so.
For the first 7 days of absence, the employee should phone in every day. If the absence lasts for more than 7 days, the employee should phone in every week. Line managers may advise of different arrangements if more appropriate.
When notifying the line manager of the absence, the following details should be given:
The line manager (or substitute) may ask additional appropriate questions. Consideration may also be given to whether there is alternative work that the employee would be able to perform, and therefore be able to attend work. There is however no guarantee that this will be the case.
Certification
Where the absence lasts 7 calendar days or less, a self-certification form must be completed upon return to work.
If an absence lasts for more than 7 calendar days the employee should obtain a medical certificate (known as a ‘Fit Note’) from his/her doctor. This should cover Day 8 onwards and should be forwarded to the Wages Office without delay. The employee must also complete a self-certification form when they return to work. Once an employee has been absent for four weeks, this will be classed as long term absence.
There may be occasions when we ask you to submit a medical certificate for an absence of less than 8 calendar days. Such a request will be confirmed in writing. For example:
We will not pay SSP where in our opinion:
Medical Reports
During an absence, or following return to work, the Company can require the employee to be examined by his or her GP or a doctor of the Company’s choice. The employee will be notified in advance if such action is planned and the employee will be informed of their rights.
Impact on Holidays during Sickness Absence
An employee who is unwell during an agreed holiday period, either a statutory holiday or annual, is considered to be on holiday.
However, at the employee’s request, if the employee falls ill before the start of the holiday period and continues to be ill for all of that period, they can be deemed to be absent due to sickness provided they are medically certified throughout and remain contactable for the duration of their certificate. These holidays can then be taken at a later date. Employees must contact their Manager at the time of absence to arrange this.
Statutory Sick Pay
In line with statutory provisions, employees are entitled to statutory sick pay (SSP) during absence as a result of sickness or injury, provided they meet the criteria laid out in SSP regulations and have complied with absence reporting procedures.
When an employee is absent for four or more consecutive days he or she will be paid SSP by the Company if eligible. This is treated like wages being subject to Income Tax Deductions and National Insurance Contributions.
Qualifying days are the only days for which employees are entitled to SSP. Normal qualifying days are the days that the employee would normally be required to work under their contract of employment. The first 3 days of absence are waiting days for which SSP is not payable. Where a second or subsequent period of incapacity (of four days or more) occurs within 56 days of a previous period of incapacity, waiting days are not served again. SSP is payable for up to 28 weeks.
Any days of additional sickness/injury payment, which qualify for SSP, will be offset against SSP on a day to day basis. A deduction will be made in line with any other state benefits received if an employee is excluded or transferred from receiving SSP.
Where the circumstances of incapacity are such that the employee receives or is awarded any sum by way of compensation or damages in respect of the incapacity from a third party, then any payments in excess of SSP which the Company may have made on account of the absence, shall be repaid by the employee to the Company up to an amount not exceeding the amount of compensation or damages paid by the third party.
Employees may be entitled to Incapacity Benefit if they are not entitled to SSP. If we cannot pay you SSP we will give you a form which you can take to the Benefits Office in order to claim Incapacity Benefit.
General
Submission of a medical certificate, although giving the reason for absence, is not always regarded by the Company as sufficient justification for accepting the absence. Sickness is just one of a number of reasons for absence and although it is understandable that if an employee is sick they may need time off, continual or repeated absence through sickness may not be acceptable to the Company.
The Company will also consider if the employee contributed to the time off in anyway eg. by taking part in activities or hobbies that could aggravate the problem; similarly if the employee continues to perform activities/hobbies/DIY or go on holiday etc whilst on sick leave.
In deciding whether the absence is acceptable or not the Company will take into account the reasons and extent of all absences, including any absence caused by sickness. The Company cannot operate with an excessive level of absence as all absence, for whatever reason, reduces efficiency.
The Company will take a serious view if an employee takes sickness/injury leave, which is not genuine, and it will result in disciplinary action being taken.
If considered necessary, the Company may ask permission to contact the employee’s doctor or to request an independent medical examination. A copy of the employee’s rights will be issued to the employee prior to this.
Alternative/Light Duties
If certified unfit to perform normal duties through sickness/injury, the Company reserves the right to require the employee to attend work and undertake any reasonable alternative/light duties, or work shorter hours, for the period of incapacity. In all cases due regard will be given to the nature of the sickness/injury and the individual’s circumstances. Payment will be made dependent on the alternative duties and hours worked.
Returning to Work
Employees should notify their manager as soon as they know on which day they will be returning to work, if this differs from a date of return previously notified.
If the employee has been suffering from an infectious or contagious disease or illness they must not report to work without clearance from their doctor.
When returning to work, the employee should report to their line manager before they begin work. On return to work after any period of sickness/injury absence (including absence covered by a medical certificate), employees will be asked to complete a self-certification form.
Employees will also be required to attend a Return To Work Meeting which will be organised by the line manager. This will take place after every period of absence, regardless of duration (including occasions where employees have started a shift but did not complete it).
The purpose of the Return to Work Meeting is to ascertain the employee’s well being, check that they are fit for work and to ascertain if any additional support or further action is required. The employee’s absence record will also be checked at this meeting. A record will be made of the meeting and the absence details will be logged on the system and personnel file.
Lateness and absences will be dealt with promptly. If the employee’s absence or lateness meets one of the levels indicated below, employees will be requested to attend a meeting which may result in informal or formal action being taken as follows:
| Absence Level | Poor Timekeeping Level | Referral |
| 3 periods of absence (of any duration) in a rolling 12 month period OR absence exceeds 3.5% over a rolling period of 12 months | More than 1 occasion of poor timekeeping in a calendar week or 3 in a 3 month rolling period | Informal counselling session. A file note will be created |
| A further 2 periods of absence within the 6 month period after the informal counselling session | A further 2 occurrence of lateness / early finish in the 6 month period after the informal counselling session | Referral to formal attendance management meeting, outcome may result in a verbal warning |
| A further period of absence within the 6 month period after the verbal warning | A further occurrence of lateness / early finish in the 6 month period after the issue of the verbal warning | Referral to formal attendance management meeting, outcome may result in written warning |
| A further period of absence within the 6 month period after the written warning | A further occurrence of lateness / early finish in the 6 month period after the issue of the written warning | Referral to disciplinary procedure, outcome may result in final written warning |
| A further period of absence within the 6 month period after the final written warning | A further occurrence of lateness / early finish in the 6 month period after the issue of the final written warning | Referral to disciplinary procedure, outcome may result in dismissal |
Informal Counselling Sessions
These will normally be conducted by the Line Manager and will include:
A note of the counselling session will be placed on the employees personnel file, and a copy given to the employee.
Formal meetings
These will follow a similar process to the Disciplinary Procedure:
Dealing with Long Term Absence
Unauthorised Time Off
Time off without prior authorisation and not satisfactorily explained will not be paid for and will be dealt with as a disciplinary matter.
Bereavement Leave
Paid time off in such circumstances is not a right but is at the discretion of a Senior Manager based on his/her judgement of individual circumstances.
Emergency Time Off for Dependants
All employees are entitled to reasonable time off work without pay to deal with an emergency involving a dependant; for example, if a dependant falls ill or is injured, if care arrangements break down, or to arrange or attend a dependant’s funeral.
There is no set time limit to the amount of time off, however it should be appropriate to the circumstances. This right does not, for example, entitle the employee to take extended time off to look after a sick child – time off would be granted to allow the employee to make alternative child care arrangements.
Jury Duty
Time off will normally be granted to employees called for Jury Service unless this conflicts with critical company requirements when the Company will apply to the courts for exemption.
An employee called for Jury Service should claim an earnings allowance from the Court and pass the information to the office.
Military Reserve Duty
Employees liable for military reserve service, eg Territorial Army, Royal Naval Reserve, will be allowed up to 2 weeks unpaid leave per year to meet these obligations. At the request of the employee all or part of this leave period may be charged to the annual holiday entitlement.
Applications for leave for this purpose must be approved in advance by the Manager, having had sight of the employee’s written confirmation. A Certificate of Attendance should also be submitted after the event.
Permission to attend will not be unreasonably refused, but for operational reasons the Company may find it impossible to agree to the requested dates.
Family Leave – Maternity, Paternity, Shared Parental, Parental Leave and Carers Leave
The company will comply with all current legal requirements to ensure employees have access to their full statutory entitlement. Please note that there are strict timing requirements with regards to requesting such leave – employees should contact the office as soon as possible to obtain full details.
Other Time Off
Circumstances may arise where you need time off for medical/dental appointments, or for other reasons. Where possible, such appointments should be made outside normal working hours. If this is not possible, time off required for these purposes may be granted at the discretion of your manager and will normally be without pay.
Notification
For unplanned time off, employees should follow the notification guidelines contained within the Attendance Management Policy.
Planned leave (except for family leave) should be requested through the normal holiday request procedure.
It is not anticipated that the occasion may arise when there will be a temporary cessation of work, but if such circumstances do arise because of a temporary reduction in the company’s requirements for work, or because another occurrence is effecting normal working.
The Company has the right to lay employees off during all or part of the period of temporary cessation, without pay, save for any entitlement under employees’ statutory rights.
Employees who are laid off for the reasons outlined above may be entitled to a statutory guarantee payment.
Further details would be discussed if the occasion arises.
In order to ensure that the site operates effectively, it is necessary to maintain appropriate standards of conduct in relation to:
• company rules, policies and procedures
• attendance at work and
• levels and standards of performance.
Disciplinary procedures are necessary to ensure the fair and proper treatment of employees when disciplinary action is being considered. However it is recognized that many potential disciplinary issues can be resolved informally and that a quiet word is often all that is required to resolve an issue. However, where an issue cannot be resolved informally then it may be pursued formally using this procedure.
Employees are expected to be aware of their conditions of employment and expected standards of conduct and performance within the Company. Management is responsible for explaining company rules, conditions of employment and standards of performance and conduct to new employees.
The prime purpose of this procedure is to provide a guide for dealing with employees whose capability or conduct falls short of acceptable standards and to assist them to make the necessary improvements.
Principles
To help ensure the proper handling of disciplinary matters the following principles underpin the working of these procedures.
• No disciplinary action will be taken against an employee until the issue has been fully investigated. If possible the manager who chaired the investigation will not chair the Disciplinary Hearing.
• The employee will be made aware of the complaint against them and be given the opportunity to state their case.
• The employee has the right to be accompanied at any disciplinary hearing.
• No employee will be dismissed for a first breach of discipline, unless it is considered to be gross misconduct.
• The employee will have the right to appeal against any formal disciplinary action.
• The procedure may be implemented at any stage if the employee’s alleged misconduct warrants such action.
Investigation
It should be made clear to employees that they are subject to an investigation as soon as is practicable.
Dependant on the nature and level of the disciplinary issue, the employee may be suspended on full pay whilst an investigation takes place.
Informal Counselling
Minor failings will be dealt with informally by a counselling session from the employee’s Manager. They will make clear what the problem is and the improvements needed and will record a summary of the interview. The employee will also be reminded that a failure to improve could lead to formal disciplinary action.
The Process
The relevant Manager will inform the employee of the date, time, venue and reason for the hearing and their right to be accompanied by a work colleague or trade union representative, in writing.
Documentary evidence to be used at any disciplinary hearing should be made available to the employee beforehand and equally, evidence being produced by the employee should be given to the Company as far in advance as possible.
After listening to the employee’s version of events, if the manager decides that disciplinary action is required, then a warning will be issued making clear the level of warning, the reasons for it, the improvements required, the consequences of failing to improve and the right and route of appeal.
A copy of the warning will be placed on the employee’s personnel file.
Formal Verbal Warning
If the employee fails to improve after counselling, or if the offence is too serious to be handled by counselling, the matter may be referred to a disciplinary hearing and a verbal warning may be issued, following the process outlined above.
The warning will normally remain ‘live’ on the employee’s file for 6 months subject to satisfactory performance and conduct during that period.
In cases of capability, a time limit will be set to review the matter (normally between 1 and 3 months). If no significant improvement is made during this time the matter will be progressed to the next stage of the disciplinary procedure.
Written Warning
Where insufficient improvement has been made or a further offence committed since the issue of a verbal warning or the offence is a more serious one, a written warning may be issued, following the process outlined above.
The warning will normally remain ‘live’ on the employee’s file for 9 months subject to satisfactory performance and conduct during that period.
In cases of capability, a time limit will be set to review the matter (normally between 1 and 3 months). If no significant improvement is made during this time the matter will be progressed to the next stage of the disciplinary procedure.
Final Written Warning
Where insufficient improvement has been made or a further offence committed since the issue of a written warning, or if the offence is a serious one, a final written warning may be issued, following the process outlined above.
The warning will normally remain ‘live’ on the employee’s file for 12 months subject to satisfactory performance and conduct during that period.
In some cases the offence may be of such a nature that, while not dismissing the employee, the Company will never accept recurrence from the individual. In such cases the employee will be warned that if they ever commit that offence again they will be dismissed. This will be set out clearly in the warning.
In cases of capability, a time limit will be set to review the matter (normally between 1 and 3 months). If no significant improvement is made during this time the matter will be progressed to the next stage of the disciplinary procedure.
Dismissal
If the employee fails to make the necessary improvements or commits a further offence following a final written warning, or if a very serious offence has been committed then the employee may be dismissed.
If it is decided to dismiss the employee the Director will issue the written reasons for dismissal outlining the right and route of appeal.
In certain cases it may be considered more appropriate to demote the employee as an alternative to dismissal if this is acceptable to the employee, or to suspend the employee without pay for a maximum of 14 days and in either case issue a final written warning.
Gross Misconduct
Certain offences will be considered sufficiently serious as to warrant summary dismissal although such matters will normally still be dealt with in accordance with the proceeding paragraph as a dismissal matter (although the notice period will not apply).
Appeal
Any employee who has been subject to formal disciplinary action has the right of appeal, and will be advised of this when any disciplinary action is taken.
Appeals stating the ground(s) on which the disciplinary penalty should be reviewed should be made in writing within 5 days of the date on which they were notified of the warning, to the Managing Director who will make arrangements for the appeal. There will be a right of appeal against dismissal whether for disciplinary or any other reason.
The appeal should be heard by a different manager than the one involved in the disciplinary hearing, although on some occasions, due to the size of the Company, this will not be practicable. The employee concerned has the right to be accompanied by a work colleague or union representative of his or her choice. Appeals, where practical, will be heard within two weeks of the written appeal being received and the decision will be final.
Misconduct Out of Working Hours
The provisions of this procedure may also apply to any act of misconduct committed outside of the Company it if involves other employees and/or is prejudicial to the interests of the Company (see also Company Rules).
Where an employee is unhappy with some aspect of their employment they should speak informally to their Manager in the first instance.
It is recognized that many potential grievance issues can be resolved informally and that a quiet word is often all that is required to resolve an issue. However, where an issue cannot be resolved informally then it may be pursued formally using this procedure.
Step One
The employee must write to their Manager setting out the grievance, who will arrange to meet with the employee to discuss the matter. The employee may be accompanied by a work colleague or trade union representative.
The Manager will provide a response to the employee within 14 days of the meeting.
Step Two
If the employee is still not satisfied with the response they may write to the next level of manager (or the Managing Director) who will arrange to meet with the employee to discuss the matter. Again the employee may be accompanied by a work colleague or trade union representative.
The Manager will respond to the employee within 14 days and that decision will be final.
Your capability to perform your job to the standards expected of you may be affected by a number of influences, such as skills, sickness or personal issues.
If these are identified then we will work with you to produce a personal action plan for improvement of performance within an agreed time scale.
This plan may include additional supervision, changes to hours, leave of absence or new training for example.
If your performance continues to fall below the expected standards or a lack of capability results in serious consequences then a final improvement plan will be devised and implemented. Failure to participate in or reach acceptable levels of capability within that agreed timescale may result in dismissal. Please also refer to the Disciplinary Procedure.
Our policy is to monitor your work performance on a continuous basis so that we can maximise your strengths, and help you overcome any possible weaknesses.
All employees are expected to participate in any performance review process as required.
Employees who are, primarily, employed in a driving role will be issued with a separate document outlining the rules and regulations which apply specifically to them.
The company is committed to training and developing employees to meet the needs of the business so that employees can play an active role in the Company’s continued success.
Training needs will be assessed by the employee and their line manager which may involve attending training courses, coaching sessions or on-the-job learning.
Where significant investment is made by the company into an employee, a training agreement will be drawn up in order for the Company to recoup some of the costs should an employee leave the Company. If required, this will be explained fully on a one to one basis.
Records of all training will be held in the main office.
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.
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:
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.
We will not accept staff arriving at work under the influence of alcohol or drugs, and/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.
This policy covers all employees, officers, consultants, contractors, casual workers and agency workers.
This policy does not form part of any employee’s contract of employment and we may amend it at any time.
Our directors have overall responsibility for the effective operation of this policy but have delegated day-to-day responsibility for overseeing its implementation to the Site Manager.
All managers have a specific responsibility to operate within the boundaries of this policy, to ensure that all staff understand the standards of behaviour expected of them and to take action when behaviour falls below its requirements.
Managers will, if appropriate, be given training in:
If you notice a change in a colleague’s pattern of behaviour you should encourage them to seek assistance through their manager.
If they will not seek help themselves you should draw the matter to the attention of your manager.
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.
If you believe that you have an alcohol or drug-related problem you should seek specialist advice and support as soon as possible. Our Occupational Health Department can assist you and will, where possible, do so in confidence.
Alcohol and drugs can lead to attendance issues, reduced efficiency, unsatisfactory performance, impaired judgement and poor decision making.
Increased health and safety risks for yourself and others is a major concern. 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.
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.
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 will be considered serious misconduct.
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.
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. If there are issues you must tell your line manager without delay.
We reserve the right to conduct searches for alcohol or drugs on our premises, including, but not limited to, searches of lockers, filing cabinets, desks, bags, clothing and packages.
Any alcohol or drugs found as a result of a search will be confiscated and action will be taken under our Disciplinary Procedure.
The following may be required to participate in a drug screening programme:
Drug screening will be conducted by an external provider.
Arrangements will be discussed with affected members of staff at the start of each screening programme.
Where a manager considers that a deterioration in work performance and/or changes in patterns of behaviour may be due to alcohol or drug misuse they should seek advice and assistance from Human Resources.
If your manager 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:
If you agree to be referred to our drug testing agency your manager will request an urgent appointment and prepare a letter of referral, a copy of which will be provided to you.
If, as the result of the meeting or investigation, your manager continues to believe that you are suffering the effects of alcohol or drugs misuse and you refuse an offer of referral to the testing agents, the matter may be dealt with under our Disciplinary Procedure.
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.
If you seek help with an alcohol or drug-related problem directly from Human Resources or Occupational Health and you wish to keep matters confidential from your manager 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 advisor will encourage you to inform your manager and will give you sufficient time to do so before discussing the matter with them.
Smoking
Smoking is prohibited in all buildings, out-buildings and yard/grass areas throughout the site.
Changes in Personal Details
Employees must notify HR of any change of name, address, telephone number, next of kin etc so that we can maintain accurate information in our records and make contact with employees in an emergency, if necessary, outside normal working hours.
Dress Code
Employees may come into contact with customers, therefore appearance and dress code is important. All employees are required to wear neat, clean and tidy clothing, appropriate to their job responsibilities in order to maintain a professional image at all times.
Company Property
Employees are expected to protect the property of the Company whilst engaged in duties. Wilful damage to Company property or equipment may be regarded as gross misconduct. Any property, equipment or products belonging to the Company must not be taken off the premises unless in possession of an official authorisation to do so. Failure to observe this rule may be regarded as gross misconduct.
Personal Property
Personal belongings left on the premises will be at the owner’s risk. The Company cannot be held responsible or accept liability for loss or damage to personal property.
Right to Search
For reasons of security, the Company reserves the right to search employees, their possessions and their vehicle at any time on or near to Company property. Any search on a person will be carried out by an authorised person of the same sex. Employees have the right to have a witness present during any such search. Employees have the right to refuse to be searched by the Company, however if the Company suspects criminal activity the police will be contacted.
CCTV and Recording on Premises
Employees should be aware that CCTV operates throughout company premises, which may be used for matters such as health and safety , disciplinary and performance investigations, amongst other uses.
Housekeeping
Individual work areas should be kept clean and tidy at all times.
Confidentiality
In addition to the clause outlined in the individual Statement of Terms and Conditions; employees and former employees are required to:
maintain the strictest secrecy with regard to the business affairs of the Company and its customers, services and products.
keep confidential all personal and sensitive information (eg salary, employment record) regarding employees of the Company.
refrain from revealing or using confidential information regarding systems , programme design and data for personal gain.
Email and Internet Policy
The Company computer systems are maintained solely for conducting company business. The use of the internet and e-mail for any other purpose may be treated as misconduct or in extreme circumstances, as gross misconduct.
The Company reserves the right to access and monitor and disclose all messages created, sent, received or stored on Company systems.
E-mails and the internet must not be used to create, send, receive or store any material which is offensive, obscene, pornographic, disruptive or infringes copyright. The Company’s policies on discrimination and harassment apply fully to the internet and e-mails. Downloading, sending or storing e-mail or other media which contains pornography or other obscene material will be treated as gross misconduct.
E-mails and downloads can contain viruses, therefore all e-mails and downloads must be virus checked before opening. You are not allowed to load software onto your computer without the Company’s permission.
Statements to the Media
Any statements to reporters from newspapers, radio, television, etc. in relation to our business will be given only by a Director. If employees are contacted directly, they should refer the contact to one of the Directors.
Inventions and Discoveries
An invention or discovery made by employees will become our property if it was made:
in the course of the employee’s normal duties under such circumstances that an invention might reasonably be expected to result from those duties;
outside the course of employee’s normal duties, but during duties specifically assigned to the employee, when an invention might reasonably be expected to result from these;
during the course of any of an employee’s duties and at the time the employee had special obligation to further our interests arising from the nature of those duties and the employee’s responsibilities.
Secondary Employment
Employees are not allowed without a specific written consent of the Company to be an employee, owner or partner in any other business activity, paid or not paid, outside the Company. Failure to request consent may result in employment being terminated.
Consent can be given provided that the secondary activity in question cannot be regarded as a competing act which violates good business conduct and that does not hinder the employee’s dedication to their work for the Company.
Phone Policy
It is a criminal offence to use a hand held telephone whilst driving a vehicle, which includes being stopped if the engine is running.
If drivers need to make or answer a call whether business related or otherwise, they must pull over and switch off the engine.
If a hands-free kit is fitted:
Do not use the telephone unnecessarily
Keep the call short
Pull over if the call is lengthy
The use of Company telephones to make private calls is only permissible in the event of an emergency. To avoid unnecessary interruptions in the workplace the use of personal mobile phones is only permitted if individuals are authorised by a company director. However, employees may be contacted in the event of emergency through the Company telephone number.
Conduct at Work
For the safe and efficient running of the business, employees aside from giving full care and attention to their duties, are expected to conduct themselves responsibly. To help employees the following list gives examples of conduct which will not be acceptable and, should it occur, will likely be treated as a disciplinary matter. The list below is not exhaustive.
bad timekeeping or poor attendance
damage to or loss of property of the Company or other employees
failure to follow Company procedures
offensive, abusive or otherwise inappropriate behaviour towards colleagues, clients or visitors
unauthorised or inappropriate use of Company telephones or computers
failure to wear correct protective equipment or clothing required for either safety or hygiene purposes
The following breaches are liable to be treated as gross misconduct which can lead to summary dismissal (ie without notice). The list below is not exhaustive.
theft or unauthorised possession of Company property or property of other employees
serious deliberate, reckless or negligent damage to Company property
clocking in using someone else’s clock card or key fob
falsification of reports, accounts, expenses or self-certification forms
refusal to carry out duties or reasonable instructions
intoxication through alcohol or drugs while at work
possession of alcohol or illegal drugs while at work
harassment or intimidation of colleagues, clients or visitors
fighting with or threatening violence to others at work
gross negligence or incompetence in the performance of one’s duties
unauthorised absence from site during normal working hours
the accessing, storing, printing, displaying or transmitting of obscene, abusive or defamatory material whether by computer, telephone or other means while at work
Conduct Outside of Work
While the Company has no intention to intrude upon employees activities or interests outside work, the Company would expect that no employees would be engaged in any activity outside working hours which could result in adverse publicity to the business, or which would cause the Company to question an employee’s integrity, or which prevents employees from performing their duties/responsibilities to the Company’s satisfaction. If that were to happen the employee may be liable to disciplinary action up to and including dismissal.
Lost Property
Articles of lost property should be handed to your Manager who will retain them whilst attempts are made to discover the owner.
Parking
To avoid congestion, all vehicles must be parked only in the designated parking areas. No liability is accepted for damage to private vehicles, despite however it may be caused.
All mail received by us will be opened, including that addressed to employees. Private mail, therefore, should not be sent care of our address. No private mail may be posted at our expense.
Buying or Selling of Goods
Employees are not allowed to buy or sell goods on their own behalf on our premises.
Collections from Employees
Unless specific authorisation is given by a Manager, no collections of any kind are allowed on our premises.
Friends and Relatives Contact
Employees should discourage their friends and relatives from either calling on them in person or by telephone except in an emergency.
Waste
We maintain a policy of “minimum waste” which is essential to the cost-effective and efficient running of all our operations.
Employees are able to promote this policy by taking extra care during your normal duties by avoiding unnecessary or extravagant use of services, time, energy, etc and the following points are illustrations of this:
Handle machines, equipment and stock with care.
Turn off unnecessary lighting and heating. Keep doors closed at all times.
Ask for other work if your job has come to a standstill.
Start with the minimum of delay after arriving for work and after breaks.
Any damage to vehicles, stock or property (including non-statutory equipment) that is the result of an employee’s carelessness, negligence or deliberate vandalism may render employees liable to pay the full or part of the cost of repair or replacement.
Any loss to us that is the result of an employee’s failure to observe rules, procedures or instruction, or is as a result of negligent behaviour or unsatisfactory standards of work will render employees liable to re-imburse to us the full or part of the cost of the loss.
In the event of failure to pay, we have the contractual right to deduct such costs from employee’s pay.
If you have any questions regarding any contents of this Handbook please contact your Line Manager.