Humana Employee Handbook Employee Handbook Version 1.0 Contents 1. Welcome to Humana Limited...............................................................................4 2. Using the Staff Handbook.....................................................................................4 3. Personal Details, Home Address and Next Of Kin ............................................5 4. Dress Code .............................................................................................................5 5. Expenses Policy......................................................................................................7 6. Equal Opportunities Policy .................................................................................10 7. Anti-Corruption And Bribery Policy...................................................................15 8. Gifts And Hospitality............................................................................................16 9. Sickness Absence Policy .....................................................................................17 10. Disciplinary And Capability Procedure.............................................................24 11. Grievance Procedure...........................................................................................26 12. Bullying and Harassment Policy.........................................................................28 13. Whistle Blowing Policy ........................................................................................33 14. Maternity Policy....................................................................................................35 15. Adoption Policy....................................................................................................42 16. Paternity Policy .....................................................................................................49 17. Shared Parental Leave Policy .............................................................................55 18. Parental Leave Policy................................................................................................64 19. Time Off For Dependents Policy .............................................................................69 20. Compassionate Leave ............................................................................................. 71
21. Bereavement Leave ..............................................................................................72 22. Flexible Working Policy ........................................................................................73 23. Time Off For Public Duties ...................................................................................75 24. Adverse Weather And Travel Disruption Policy ............................................... 77 25. Health And Safety Policy ..................................................................................... 79 26. No-Smoking Policy............................................................................................... 82 27. Substance Misuse Policy ......................................................................................82 28. Environmental Policy ........................................................................................... 84 29. Data Protection Policy...........................................................................................85 30. Information And Communication Systems ........................................................89 31. Social Media Policy ...............................................................................................95
1. Welcome to Humana Limited 1.1 We’re glad to have you on board, and we want you to know that we aim to serve as a responsible and engaging employer. As a valued member of staff, your feedback, suggestions, or any contribution you wish to make will be taken seriously – especially if it helps to improve the way we work. If you find anything that you think should be different in any aspect of the business, we welcome you to discuss this with your line manager. We want your work environment to have a culture of openness and honesty where positive feedback is appreciated and rewarded! 1.2 We are an equal opportunities employer. We do not discriminate on any of the following grounds; + Gender identity + sexual orientation (LGBTQIA++ or otherwise) + marital or civil partner status + gender reassignment + race + colour + nationality + ethnic or national origin + religion or belief + disability + age. If you ever feel that any of the above characteristics are a point of difficulty for yourself or any of your colleagues, we ask that you notify a manager who will work to resolve this. 2. Using the Staff Handbook 2.1 This Staff Handbook sets out the main policies and procedures that you will need to be aware of while working for us. You should familiarise yourself with it fully, and comply with it at all times. Any questions about your responsibilities or commitments can be discussed with your line manager.
2.2 The policies and procedures set out in this handbook apply to all staff. They do not form part of the terms of your contract with us, which are provided to you separately. 3. Personal Details, Home Address and Next Of Kin 3.1 We need to ensure that the details of the home address, next of kin and emergency contact telephone numbers of each member of staff are kept up to date. Information is held in confidence and is only used when needed. 3.2 You should advise your line manager of any changes to your personal details as soon as possible. 4. Dress Code 4.1 We encourage everyone to maintain an appropriate standard of dress and personal appearance and to conduct themselves in a professional manner. Our dress code is to establish basic guidelines on appropriate clothing and appearance at our workplace, so that we: (a) promote a positive image and staff look professional; (b) respect religious, racial and gender-specific clothing requirements and those of staff with disabilities where possible; (c) take account of health and safety requirements; and (d) help staff decide what clothing it is appropriate to wear to work. 4.2 As an employee, you represent the company, even when outside of work. With customers or members of the general public, your actions contribute to our reputation and the development of our business. You may be subject to disciplinary or other action if you conduct yourself in an unacceptable or offensive manner at any time.
4.3 Personal hygiene is very important when interacting with others. 4.4 You must ensure that your choice of clothing or footwear is clean and suitable for the workplace. If you are in any doubt as to whether your clothing is suitable for work or not, please refer to the guide below or alternatively speak to your direct manager for guidance. Should you arrive at work in what your manager considers to be unsuitable or inappropriate clothing you may be asked to return home and change into appropriate clothing. Persistent breaches of the dress code may result in disciplinary action being taken. Tattoos, jewelry and footwear We understand that over the past few years’ permanent tattoos have become very popular and whilst we do not object to you having tattoos, we do ask that you ensure that they are not in any way offensive or rude. You should always consider the role or environment you work in if you are considering having a tattoo, especially where your role may bring you into contact with our customers. We do not wish to restrict your right to be individual, but some customers and colleagues may feel intimidated or uncomfortable and this is not the environment we wish to create. If you are unsure what tattoos may be considered unacceptable, please speak to your direct manager before going ahead. When wearing any type of jewellery to work please bear in mind the role you do at work and whether hanging items such as necklaces and bracelets are likely to become caught in any equipment you may need to use. Whilst some items may become fashionable from time to time you should always consider your own safety. Please keep facial piercings to a minimum.
When at work personal safety is our key concern. Some forms of footwear such as flip flops or sandals may provide little or no protection to your feet and you are at risk of injury or stepping on items such as drawing pins. Please consider the environment in which you work and decide if your footwear is appropriate. Humana’s Dress Code Guidelines Acceptable Not Acceptable • Suits • Worn, torn or messy clothing • visible underwear • Jogging bottoms/tracksuits • Logos or prints with wording or pictures that may cause offence • Any item with messaging or symbolism that would reasonably cause someone to feel uncomfortable in relation to protected characteristics as defined in section 1.2 • Ties • Shirts with collars • Blouses • Dresses/skirts • Jeans/denim shirts/jackets • Casual shirts Clothing • Sweaters/cardigans/tops with hoods • Polo shirts/T-shirts • Smart non-suit trousers • Tailored cropped trousers • Chinos/cords • Tailored or smart shorts • Smart sleeveless tops • Combat trousers/shorts • Football logo shirts • Formal Shoes Footwear • Casual Shoes • Trainers • Boots • Sandals • Crocs • Pumps 4.5 Footwear must be smart, safe, clean and take account of health and safety considerations. 4.6 Where we provide clothing and equipment, including safety clothing or protective footwear, it should be worn or used as appropriate and directed.
4.7 Staff should not wear clothing or jewellery that could present a health and safety risk. 4.8 Staff may wear religious and cultural dress (including clerical collars, head scarves, skullcaps and turbans) unless it breaches this policy or compromises the health and safety of the wearer, their colleagues or any other person. Priority is at all times given to health and safety requirements. 4.9 Failure to comply with the dress code may result in action under our Disciplinary Procedure. 5. Expenses Policy Reimbursement of expenses 5.1 We will reimburse expenses properly incurred in accordance with this policy. Any attempt to claim expenses in breach of this policy may result in disciplinary action. 5.2 We publish information on the circumstances in which expenses need to be authorised before they are incurred and who can authorise them. Current details are available from your line manager. 5.3 Expenses will only be reimbursed if they are: (a) provided with a signed expenses form that is available on request from your line manager. (b) Submitted within 3 months of being incurred; (c) Supported by relevant documents (for example, VAT receipts, tickets, and credit or debit card slips); and (d) Where required, authorised in accordance with instructions in force at the time the expense was incurred. 5.4 In exceptional circumstances we may, at our discretion, agree to reimburse expenses that have not been incurred or submitted in accordance with this
policy. In each case you should provide full details of why it was not possible to follow this policy. Travel expenses 5.5 We will reimburse the reasonable cost of necessary travel in connection with our business. The most economic means of travel should be chosen if practicable/possible and you should use existing travel cards and season tickets wherever possible. The following are not treated as travel in connection with our business: (a) travel between your home and usual place of work; (b) travel which is mainly for your own purposes; and (c) travel which, while undertaken on our behalf, is similar or equivalent to travel between your home and your usual place of work. 5.6 Trains. You will only be reimbursed for the cost of standard class travel unless expressly authorised in accordance with the current authorisation procedure. A receipt should be obtained for submission with an expenses claim form. 5.7 Taxis. We do not expect you to take a taxi when there is alternative public transport that would not greatly increase your journey time. However, when this is not the case, or the number of staff travelling together make it cost effective to do so, you can travel by taxi. A receipt should be obtained for submission with an expenses claim form. 5.8 Car. Where it is cost effective for you to use your car for business travel, and you have been authorised to do so, you can claim a mileage allowance on proof of mileage in accordance with the current authorised mileage rates authorised by HM Revenue & Customs. Details of the current mileage rates can be obtained from your line manager. You can also claim for any necessary parking costs which need to be supported by a receipt or the display ticket. 5.9 Air travel. If you are required to travel by plane in the course of your duties you should discuss travel arrangements with your line manager in advance. Where possible, arrangements will be made by your line manager on your behalf but where this is not possible you will be advised of the documentation that you will need to submit to reclaim expenses.
Accommodation and other overnight expenses 5.10 If you are required to stay away overnight in the course of your duties you should discuss accommodation arrangements with your line manager in advance. Where possible, arrangements will be made by your line manager on your behalf, but where this is not possible you will be advised of the documentation that you will need to submit to reclaim expenses. When you are required to stay away overnight in the course of your duties, to the extent that these are not included in the cost of accommodation, we will reimburse your reasonable out-of-pocket expenses up to a maximum of £25 per day provided they are supported by receipts. 5.11 For the avoidance of any doubt, when the cost of attending an event (such as a conference) involving an overnight stay includes the cost of accommodation and/or meals, additional claims under this policy should not be made for those items. Entertaining clients 5.12 You may entertain clients only where your proposal has been agreed in advance with your line manager. 5.13 A proposal to entertain clients should be made in writing and should include the following details: (a) what form of entertainment is proposed (for example, a meal at an identified restaurant); (b) who will be attending both from our business and from the client; (c) how it is considered that our business interests will be furthered by your proposal; and (d) the costs it is anticipated will be incurred. 5.14 Your line manager will discuss your proposal with you and, subject to authorisation, where possible arrangements will be made by your line manager on your behalf. Where this is not possible you will be advised of the documentation that you will need to submit to reclaim expenses.
6. Equal Opportunities Policy 6.1 We are committed to promoting equality of opportunity for all staff and job applicants. We aim to create a working environment in which all individuals are able to make best use of their skills, free from discrimination or harassment, and in which all decisions are based on merit. 6.2 We do not discriminate against staff on the basis of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (protected characteristics). 6.3 The principles of non-discrimination and equality of opportunity also apply to the way in which staff members treat visitors, clients, customers, suppliers and former staff members. 6.4 All staff members have a duty to act in accordance with this policy and treat colleagues with dignity at all times, and not to discriminate against or harass other members of staff, regardless of their status. Scope and purpose of the policy 6.5 This policy applies to all aspects of our relationship with staff and to relations between staff members at all levels. This includes job advertisements, recruitment and selection, training and development, opportunities for promotion, conditions of service, pay and benefits, conduct at work, disciplinary and grievance procedures, and termination of employment. 6.6 We will take appropriate steps to accommodate the requirements of different religions, cultures, and domestic responsibilities. Please see the following for specific information on our approach to these issues. Forms of discrimination
6.7 Discrimination by or against an employee is generally prohibited unless there is a specific legal exemption. Discrimination may be direct or indirect and it may occur intentionally or unintentionally. 6.8 Direct discrimination occurs where someone is treated less favourably because of one or more of the protected characteristics set out above. For example, rejecting an applicant on the grounds of their race because they would not "fit in" would be direct discrimination. 6.9 Indirect discrimination occurs where someone is disadvantaged by an unjustified provision, criterion or practice that also puts other people with the same protected characteristic at a particular disadvantage. 6.10 Harassment related to any of the protected characteristics is prohibited. Harassment is unwanted conduct that has the purpose or effect of violating someone's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is dealt with further in our ‘antiharassment and bullying’ Policy. 6.11 Victimisation is also prohibited. This is less favourable treatment of someone who has complained or given information about discrimination or harassment or supported someone else's complaint. Recruitment and selection 6.12 We aim to ensure that no job applicant suffers discrimination because of any of the protected characteristics above. Our recruitment procedures are reviewed regularly to ensure that individuals are treated on the basis of their relevant merits and abilities. Job selection criteria are regularly reviewed to ensure that they are relevant to the job and are not disproportionate. 6.13 We take steps to ensure that our vacancies are advertised to a diverse labour market and, where relevant, to particular groups that have been identified as disadvantaged or underrepresented in our organisation. Where appropriate,
use may be made of lawful exemptions which should be set out in the advertisement. 6.14 Applicants should not be asked about health or disability before a job offer is made. There are limited exceptions which should only be used with Human Resources approval. For example: (a) Questions necessary to establish if an applicant can perform an intrinsic part of the job (subject to any reasonable adjustments). (b) Questions to establish if an applicant is fit to attend an assessment or any reasonable adjustments that may be needed at interview or assessment. (c) Positive action to recruit disabled persons. (d) Equal opportunities monitoring (which will not form part of the decisionmaking process). 6.15 Applicants should not be asked about past or current pregnancy or future intentions related to pregnancy. Applicants should not be asked about matters concerning age, race, religion or belief, sexual orientation, or gender reassignment without the approval of Human Resources (who should first consider whether such matters are relevant and may lawfully be taken into account). 6.16 We are required by law to ensure that all employees are entitled to work in the UK. Assumptions about immigration status should not be made based on appearance or apparent nationality. All prospective staff, regardless of nationality, must be able to produce original documents (such as a passport) before employment starts, to satisfy current immigration legislation. The list of acceptable documents is available from your line manager or the UK Border Agency. 6.17 To ensure that this policy is operating effectively, and to identify groups that may be underrepresented or disadvantaged in our organisation, we may monitor applicants' ethnic group, gender, disability, sexual orientation, religion and age as part of the recruitment procedure. Provision of this information is voluntary and it will not adversely affect an individual's chances of recruitment or any other decision related to their employment. The information is removed from applications before shortlisting, and kept in an anonymised format solely for the purposes stated in this policy. Analysing this data helps us take appropriate steps to avoid discrimination and improve equality and diversity. Staff training and promotion and conditions of service
6.18 Staff training needs will be identified through regular staff appraisals. All staff will be given appropriate access to training to enable them to progress within the organisation and all promotion decisions will be made on the basis of merit. 6.19 Our conditions of service, benefits and facilities are reviewed regularly to ensure that they are available to all staff who should have access to them and that there are no unlawful obstacles to accessing them. Termination of employment 6.20 We will ensure that redundancy criteria and procedures are fair and objective and are not directly or indirectly discriminatory. 6.21 We will also ensure that disciplinary procedures and penalties are applied without discrimination, whether they result in disciplinary warnings, dismissal or other disciplinary action. Disability discrimination 6.22 If you are disabled or become disabled, we encourage you to tell us about your condition so that we can support you as appropriate. 6.23 If you experience difficulties at work because of your disability, you may wish to contact your line manager to discuss any reasonable adjustments that would help overcome or minimise the difficulty. Your line manager may wish to consult with you and your medical adviser(s) about possible adjustments. We will consider the matter carefully and try to accommodate your needs within reason. If we consider a particular adjustment would not be reasonable we will explain our reasons and try to find an alternative solution where possible. 6.24 We will monitor the physical features of our premises to consider whether they place disabled workers, job applicants or service users at a substantial disadvantage compared to other staff. Where reasonable, we will take steps to improve access for disabled staff and service users.
Fixed-term employees and agency workers 6.25 We monitor our use of fixed-term employees and agency workers, and their conditions of service, to ensure that they are being offered appropriate access to benefits, training, promotion and permanent employment opportunities. We will, where relevant, monitor their progress to ensure that they are accessing permanent vacancies. Part-time work 6.26 We monitor the conditions of service of part-time employees and their progression to ensure that they are being offered appropriate access to benefits and training and promotion opportunities. We will ensure requests to alter working hours are dealt with appropriately under our ‘flexible working’ policy. Breaches of the policy 6.27 If you believe that you may have been discriminated against you are encouraged to raise the matter through our Grievance Procedure. 6.28 Allegations regarding potential breaches of this policy will be treated in confidence and investigated. Staff members who make such allegations in good faith will not be victimised or treated less favourably as a result. False allegations which are found to have been made in bad faith will, however, be dealt with under our disciplinary Procedure. 6.29 Any member of staff who is found to have committed an act of discrimination or harassment will be subject to disciplinary action. Such behaviour may constitute gross misconduct and, as such, may result in summary dismissal. We take a strict approach to serious breaches of this policy. 7. Anti-Corruption And Bribery Policy 7.1 It is our policy to conduct all of our business in an honest and ethical manner. We
take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate and implementing and enforcing effective systems to counter bribery. 7.2 Any Employee who breaches this policy will face disciplinary action, which could result in dismissal for gross misconduct. Any non-employee who breaches this policy may have their contract terminated with immediate effect. 7.3 This policy applies to all persons working for us or any Group Company or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners, sponsors, or any other person associated with us, wherever located. What is bribery? 7.4 Bribe means a financial or other inducement or reward for action which is illegal, unethical, a breach of trust or improper in any way. Bribes can take the form of money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or any other advantage or benefit. 7.5 Bribery includes offering, promising, giving, accepting or seeking a bribe.7.6 All forms of bribery are strictly prohibited. If you are unsure about whether a particular act constitutes bribery, raise it with your line manager. 7.7 Specifically, you must not: (a) Give or offer any payment, gift, hospitality or other benefit in the expectation that a business advantage will be received in return, or to reward any business received; (b) Accept any offer from a third party that you know or suspect is made with the expectation that we will provide a business advantage for them or anyone else; (c) Give or offer any payment (sometimes called a facilitation payment) to a government official in any country to facilitate or speed up a routine or necessary procedure.
8. Gifts and Hospitality 8.1 This policy does not prohibit the giving or accepting of reasonable and appropriate hospitality for legitimate purposes such as building relationships, maintaining our image or reputation, or marketing out products and services. 8.2 A gift or hospitality will not be appropriate if it is unduly lavish or extravagant, or could be seen as an inducement or reward for any preferential treatment (for example, during contractual negotiations or a tender process). 8.3 Gifts must be of an appropriate type and value depending on the circumstances and taking account of the reason for the gift. Gifts must not include cash or cash equivalent (such as vouchers), or be given in secret. Gifts must be given in our name, not your name. Record keeping 8.4 You must declare and keep a written record of all hospitality and gifts given or received. You must also submit all expenses claims relating to hospitality, gifts, or payments to third parties in accordance with our expenses policy and record the reason for expenditure. 8.5 All accounts, invoices, and other records relating to dealings with third parties including suppliers and customers should be prepared with strict accuracy and completeness. Accounts must not be kept “off-book” to facilitate or conceal improper payments. 8.6 If you are offered a bribe, or are asked to make one, or if you suspect that any bribery, corruption or other breach of this policy has occurred or may occur, notify your line manager as soon as possible. If your line manager is implicated in the act that you suspect amounts to a bribe, corruption or breach of the policy you should refer the matter without delay to a Director.
9. Sickness Absence Policy 9.1 This policy sets out our procedures for reporting sickness absence and for the management of sickness absence in a fair and consistent way. 9.2 Sickness absence can vary from short intermittent periods of ill-health to a continuous period of long-term absence and have a number of different causes. 9.3 We may vary the procedures set out in this policy, including any time limits, as appropriate in any case. Disabilities 9.4 We are aware that sickness absence may result from a disability. If you consider that you are affected by a disability or any medical condition which affects your ability to undertake your work, you should inform your line manager. We will consider whether there are reasonable adjustments that could be made to a role or other aspects of working arrangements to provide support and/or assist a return to work. Sickness absence reporting procedure 9.5 You should refer to your contract for details of our sickness absence reporting procedure. 9.6 You should expect to be contacted during your absence by your line manager who will want to enquire after your health and be advised, if possible, as to your expected return date.
Evidence of incapacity 9.7 For absence of more than a week your must obtain a certificate from your doctor (a "Statement of Fitness for Work") stating that you are not fit for work and the reason(s) why. This should be forwarded to your line manager as soon as possible. If your absence continues, further medical certificates must be provided to cover the whole period of absence. 9.8 If your doctor provides a certificate stating that you "may be fit for work" you should inform your line manager immediately. We will discuss with you any additional measures that may be needed to facilitate your return to work, taking account of your doctor's advice. If appropriate measures cannot be taken, you will remain on sick leave and we will set a date to review the situation. 9.9 Where we are concerned about the reason for absence, or the level of frequent short term absence, we may require a medical certificate for each absence regardless of duration. In such circumstances, we will cover any costs incurred in obtaining such medical certificates, for absences of a week or less, on production of a doctor's invoice. Unauthorised absence 9.10 Cases of unauthorised absence will be dealt with under our Disciplinary Procedure. 9.11 Absence that has not been notified according to the sickness absence reporting procedure will be treated as unauthorised absence. 9.12 If you do not report for work and have not telephoned to explain the reason for your absence, will try to contact you, by telephone and in writing if necessary. This should not be treated as a substitute for reporting sickness absence.
Sick pay 9.13 You should refer to your contract for details of the sick pay to which you are entitled. 9.14 The Company will comply with its obligations to pay statutory sick pay and may occasionally exercise its discretion to make payments above this. Medical examinations 9.15 We may, at any time in operating this policy, ask you to consent to a medical examination by a doctor nominated by us at our expense. 9.16 You will be asked to agree that any report produced in connection with any such examination may be disclosed to us and that we may discuss the contents of the report with our advisers and the relevant doctor. Return-to-work interviews 9.17 If you have been absent due to sickness we will arrange for you to have a returnto- work interview with your line manager. This enables us to confirm the details of your absence. It also gives you the opportunity to raise any concerns or questions you may have, and to bring any relevant matters to our attention. Sickness absence reporting procedure 9.18 We may apply this procedure whenever we consider it necessary, including, for example, if you: (a) Have been absent due to illness on a number of occasions; (b) Have discussed matters at a return to work interview that require investigation; and/or (c) Have been absent for more than 7 days.
9.19 We will give you reasonable notice of the date, time and place of a sickness absence meeting. We will put any concerns about your sickness absence and the basis for those concerns in writing or otherwise advise why the meeting is being called. A reasonable opportunity for you to consider this information before a meeting will be provided and you may bring a companion with you to the meeting. 9.20 You must take all reasonable steps to attend a meeting. Failure to do so without good reason may be treated as misconduct. If you or your companion are unable to attend at the time specified you should inform us immediately and we will seek to agree an alternative time. 9.21 Confirmation of any decision made at a meeting, the reasons for it, and of the right of appeal will be given to you as soon as possible following the meeting. 9.22 If, at any time, we consider that you have taken or are taking sickness absence when you are not unwell, we may refer the matter to be dealt with under our Disciplinary Procedure. Right to be accompanied at meetings 9.23 You may bring a companion to any meeting or appeal meeting under this procedure. 9.24 Your companion may be either a trade union representative or a fellow employee. Their identity must be confirmed to us, in good time before it takes place. 9.25 Employees are allowed reasonable time off from duties without loss of pay to act as a companion. However, they are not obliged to act as a companion and may decline a request if they so wish.
9.26 Some companions may not be allowed: for example, anyone who may have a conflict of interest, or whose presence may prejudice a meeting. Companions should not normally work at another site, unless no-one reasonably suitable is available at the site at which you work. 9.27 We may at our discretion, permit a companion who is not an employee or union representative (for example, a family member) where this will help overcome particular difficulties caused by a disability, or difficulty understanding English. 9.28 A companion may make representations, ask questions, and sum up your position, but will not be allowed to answer questions on your behalf. You may confer privately with your companion at any time during a meeting. Stage 1: First sickness absence meeting 9.29 This will follow the procedure set out above on the arrangements for and right to be accompanied at sickness absence meetings. 9.30 The purposes of a first sickness absence meeting may include: (a) Discussing the reasons for absence. (b) Where you are on long-term sickness absence, determining how long the absence is likely to last. (c) Where you have been absent on a number of occasions, determining the likelihood of further absences. (d) Considering whether medical advice is required. (e) Considering what, if any, measures might improve your health and/or attendance. (f) Agreeing a way forward, action that will be taken and a time-scale for review and/or a further meeting under the sickness absence procedure. Stage 2: Further sickness absence meeting(s) 9.31 Depending on the matters discussed at the first stage of the sickness absence procedure, a further meeting or meetings may be necessary. Arrangements for
meetings under the second stage of the sickness absence procedure will follow the procedure set out above on the arrangements for and right to be accompanied at sickness absence meetings. 9.32 The purposes of further meeting(s) may include: (a) Discussing the reasons for and impact of your ongoing absence(s). (b) Where you are on long-term sickness absence, discussing how long your absence is likely to last. (c) Where you have been absent on a number of occasions, discussing the likelihood of further absences. (d) If it has not been obtained, considering whether medical advice is required. If it has been obtained, considering the advice that has been given and whether further advice is required. (e) Considering your ability to return to/remain in your job in view both of your capabilities and our business needs and any adjustments that can reasonably be made to your job to enable you to do so. (f) Considering possible redeployment opportunities and whether any adjustments can reasonably be made to assist in redeploying you. (g) Where you are able to return from long-term sick leave, whether to your job or a redeployed job, agreeing a return to work programme. (h) If it is considered that you are unlikely to be able to return to work from long- term absence, whether there are any benefits for which you should be considered. (i) Agreeing a way forward, action that will be taken and a time-scale for review and/or a further meeting(s). This may, depending on steps we have already taken, include warning you that you are at risk of dismissal. Stage 3: Final sickness absence meeting 9.33 Where you have been warned that you are at risk of dismissal, we may invite you to a meeting under the third stage of the sickness absence procedure. Arrangements for this meeting will follow the procedure set out above on the arrangements for and right to be accompanied at sickness absence meetings. 9.34 The purposes of the meeting will be: (a) To review the meetings that have taken place and matters discussed with you. (b) Where you remain on long-term sickness absence, to consider whether there have been any changes since the last meeting under stage two of the procedure, either as regards your possible return to work or opportunities for return or redeployment. (c) To consider any further matters that you wish to raise. (d) To consider whether there is a reasonable likelihood of you returning to work
or achieving the desired level of attendance in a reasonable time. (e) To consider the possible termination of your employment. 9.35 Termination will normally be with full notice or payment in lieu of notice. Appeals 9.36 You may appeal against the outcome of any stage of this procedure and you may bring a companion to an appeal meeting. 9.37 An appeal should be made in writing, stating the full grounds of appeal, to your line manager within 5 days of the date on which the decision was sent to you. 9.38 Where possible, the appeal meeting will be conducted by a manager who has not been involved in the process previously. 9.39 Depending on the grounds of appeal, an appeal meeting may be a complete rehearing of the matter or a review of the original decision. 9.40 Following an appeal the original decision may be confirmed, revoked or replaced with a different decision. The final decision will be confirmed as soon as possible. There will be no further right of appeal. 9.41 The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay. 10. Disciplinary Capability Procedure 10.1 This procedure is intended to help maintain standards of conduct and performance and to ensure fairness and consistency when dealing with allegations of misconduct or poor performance. 10.2
Minor conduct or performance issues can usually be resolved informally with your line manager. This procedure sets out formal steps to be taken if the matter is more serious or cannot be resolved informally. Investigations 10.3 Before any disciplinary hearing is held, the matter will be investigated. Any meetings and discussions as part of an investigation are solely for the purpose of fact-finding and no disciplinary action will be taken without a disciplinary hearing. 10.4 In some cases of alleged misconduct, we may need to suspend you from work while we carry out the investigation or disciplinary procedure (or both). While suspended, you should not visit our premises or contact any of our clients, customers, suppliers, contractors or staff, unless authorised to do so. Suspension is not considered to be a disciplinary action. The hearing 10.5 We will give you written notice of the hearing, including sufficient information about the alleged misconduct or poor performance and its possible consequences to enable you to prepare. You will normally be given copies of relevant documents and witness statements. 10.6 You may be accompanied at the hearing by a trade union representative or a colleague, who will be allowed reasonable paid time off to act as your companion. 10.7 You should let us know as early as possible if there are any relevant witnesses you would like to attend the hearing or any documents or other evidence you wish to be considered. 10.8 We will inform you in writing of our decision, as soon as possible following the hearing.
Disciplinary action and dismissal 10.9 The usual penalties for misconduct are: (a) Stage 1: First written warning or improvement note. Where there are no other active written warnings or improvement notes on your record, you will usually receive a first written warning or improvement note. It will usually remain active for six months. (b) Stage 2: Final written warning. In case of further misconduct or failure to improve where there is an active first written warning or improvement note on your record, you will usually receive a final written warning. This may also be used without a first written warning or improvement note for serious cases of misconduct or poor performance. The warning will usually remain active for 12 months. (c) Stage 3: Dismissal or other action. You may be dismissed for further misconduct or failure to improve where there is an active final written warning on your record, or for any act of gross misconduct. Examples of gross misconduct are given below. You may also be dismissed without a warning for any act of misconduct or unsatisfactory performance during your probationary period. We may consider other sanctions short of dismissal, including demotion or redeployment to another role (where permitted by your contract) and/or extension of a final written warning with a further review period. Appeals 10.10 You may appeal in writing within 5 days of being told of the decision. 10.11 The appeal hearing will, where possible, be held by someone who has not been involved in the process previously. You may bring a colleague or trade union representative with you to the appeal hearing. 10.12 We will inform you in writing of our final decision as soon as possible following the hearing. There is no further right of appeal. Gross misconduct
10.13 Gross misconduct will usually result in dismissal without warning, with no notice or payment in lieu of notice (summary dismissal). 10.14 The following are examples of matters that are normally regarded as gross misconduct: (a) Theft or fraud; (b) Physical violence or bullying; (c) Deliberate and serious damage to property; (d) Serious misuse of the organisations' property or name; (e) Deliberately accessing internet sites containing pornographic, offensive or obscene material; (f) Serious insubordination; (g) Unlawful discrimination or harassment; (h) Bringing the organisation into serious disrepute; (i) Serious incapability at work brought on by alcohol or illegal drugs; (j) Causing loss, damage or injury through serious negligence; (k) A serious breach of health and safety rules; (l) A serious breach of confidence. This list is intended as a guide and is not exhaustive. 11. Grievance Procedure 11.1 This procedure applies to all employees regardless of length of service. 11.2 Most grievances can be resolved quickly and informally through discussion with your line manager. If this does not resolve the problem you should initiate the formal procedure below reasonably promptly. Step 1: Written grievance 11.3 You should put your grievance in writing and submit it to your line manager. If your grievance concerns your line manager you may submit it to another manager. 11.4
The written grievance should set out the nature of the complaint, including any relevant facts, dates, and names of individuals involved so we can investigate it. Step 2: Meeting 11.5 We will arrange a grievance meeting upon receiving your written grievance. You should make every effort to attend. 11.6 You may bring a companion to the grievance meeting if you make a reasonable request in advance and tell us the name of your chosen companion. The companion may be either a trade union representative or a colleague, who will be allowed reasonable paid time off from duties to act as your companion. 11.7 If you or your companion cannot attend at the time specified you should let us know as soon as possible and we will try, within reason, to agree an alternative time. 11.8 We will write to you, with our decision as soon as possible following the last grievance meeting. Step 3: Appeals 11.9 If the grievance has not been resolved to your satisfaction you may appeal in writing stating your full grounds of appeal, within 5 days of the date on which the decision was sent or given to you. 11.10 The appeal hearing will, where possible, be held by someone who has not been involved in the process previously. You may bring a colleague or trade union representative with you to the appeal hearing.
11.11 We will confirm our final decision in writing, as soon as possible following the appeal hearing. There is no further right of appeal. 12. Bullying and Harassment Policy Policy Statement 12.1 We are committed to ensuring that all our staff are treated with dignity and respect and treat others in the same way. We believe that all staff have the right to work in an environment which is free from any form of harassment and/or bullying. This policy therefore covers harassment and bullying that occurs in the workplace and outside the workplace in a work-related context, such as on business trips, customer or supplier events or work-related social events. 12.2 This policy applies to all staff working for us at any of our premises, including: casual and agency staff, consultants, contractors, directors, employees, homeworkers, managers, officers and volunteers. We also make it clear to our customers, visitors and other who work with us that harassment of our staff is unacceptable. 12.3 All staff are required to read this policy and to ensure that they understand what types of behaviour are unacceptable. If you have any queries, please refer to your line manager. 12.4 This policy does not form part of any employee's contract of employment. We may amend it at any time and decide to follow a different procedure where we consider it appropriate.
Harassment 12.5 The harassment of any of our employees is unacceptable behaviour. Anyone found to be in breach of this policy will be liable to disciplinary action, which could result in dismissal without notice. 12.6 Harassment may take many forms (including bullying), occurs on a variety of different grounds and can be directed at one person or a number of people. Harassment need not be directed at the complainant and can occur if the complainant witnesses another person being harassed. 12.7 Harassment involves subjecting an individual to conduct which is unwanted and where the conduct has the purpose or effect of violating the victim's dignity, or creating an environment that is intimidating, hostile, degrading, humiliating or offensive to the victim. 12.8 Harassment also occurs where the perpetrator engages in unwanted conduct of a sexual nature and that conduct has the purpose or the effect referred to above. An individual of any gender may be the victim of sexual harassment. 12.9 A person will also commit harassment if they (or anyone else) engage in unwanted conduct (of a sexual nature or otherwise) that has the purpose or the effect referred to above and the victim either rejects or submits to it and, because of that rejection or submission, that person treats the victim less favourably. For example, it will be harassment for a manager whose repeated advances to a more junior female employee have been consistently rebuffed subsequently to give the woman a poor performance review because she had rejected him. 12.10 Conduct usually becomes harassment if it continues even though it has been made clear that it is regarded by the recipient as offensive or unwanted. However, a single incident may amount to harassment if it is sufficiently serious. 12.11 The unwanted nature of the conduct distinguishes harassment from friendly behaviour that is welcome and mutual. Staff must always consider the whether
their words or conduct may be considered offensive. 12.12 Harassment can occur whether or not it is intended to be offensive, as it is the effect on the victim which is important, not whether or not the perpetrator intended to harass them. Harassment or bullying is unacceptable even if it is unintentional. 12.13 Harassment may relate to: (a) age; (b) disability (past or present); (c) gender reassignment; (d) race, colour, nationality, ethnic or national origins; (e) religion or belief; (f) sexual orientation; (g) trade union membership (or non-membership); (h) part time or fixed term status; (i) power or hierarchy; and (j) willingness to challenge harassment (leading to victimisation). 12.14 The phrase 'relate to' is very wide and therefore covers harassment based on a perception of another person (for example that the person is gay, or is disabled, whether or not this perception is correct and even if the perpetrator knows that their perception is, in fact, wrong) and harassment that occurs because someone is associated with another person (for example, someone who is harassed because they care for a disabled person, or who is harassed because they are friends with a transsexual person, or a white worker who sees a black colleague being subjected to racially abusive language which also causes an offensive environment for her). 12.15 Whilst not an exhaustive list, forms of harassment include: (a) physical contact and obscene or offensive gestures; (b) ‘jokes’, ‘banter’, gossip, slander, offensive language, shouting and/or behaving in an intimidating manner; (c) offensive, insensitive or sectarian songs or messages (including email); (d) displaying posters or pictures, graffiti, emblems, flags, offensive email and screen savers etc; (e) isolation or non co-operation and exclusion; (f) coercion for sexual favours and sexually suggestive remarks; (g) pressure to participate in political/religious groups; (h) intrusion by pestering, spying and stalking; and (i) continued requests for social activities after it has been made clear that such suggestions are not welcome and verbal, non-verbal or physical conduct of a sexual nature.
12.16 Harassment is unlawful in many cases and individuals may be held personally liable for their actions. In some cases their behaviour may also amount to a criminal offence. Bullying 12.17 Bullying may be described as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying may be physical, verbal or non- verbal conduct. 12.18 Behaviour that is considered bullying by one person may be considered firm management by another. Most people will agree on extreme cases of bullying and harassment but it is sometimes the ‘grey’ areas that cause most problems. In our organisation, unacceptable behaviour includes (this is not an exhaustive list): (a) spreading malicious rumours, or insulting someone (particularly because of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, or sexual orientation); (b) copying memos that are critical about someone to others who do not need to know, ridiculing or demeaning someone, picking on them or setting them up to fail; (c) unfair treatment, deliberately excluding a person from communications or meetings without good reason, overbearing or intimidating supervision and/or other misuse of power or position; (d) making threats or comments about job security without foundation; (e) deliberately undermining a competent worker by overloading and constant criticism; and (f) preventing individuals progressing by intentionally blocking promotion or training opportunities. 12.19 Legitimate, reasonable and constructive criticism of a worker's performance or behaviour, or reasonable instructions given to a worker in the course of their employment will not, on their own, amount to bullying. Harassment and bullying procedure 12.20 All allegations of harassment and/or bullying will be dealt with seriously,
promptly and in confidence. Employees who feel they have been subject to harassment and/or bullying must not hesitate in using this procedure nor fear victimisation. Retaliation against an employee who brings a complaint of harassment and/or bullying is a serious disciplinary offence which may constitute gross misconduct and could result in dismissal. 12.21 Line managers will provide, in confidence, advice and assistance to employees subjected to harassment and/or bullying and assist in the resolution of any problems. If you are in any doubt as to whether an incident or series of incidents which have occurred constitute harassment and/or bullying, then in the first instance you should approach your line manager (or another line manager if your line manager is involved) on an informal confidential basis. They will be able to advise you as to whether the complaint necessitates further action, in which case the matter will be dealt with formally/informally as appropriate. 12.22 If an incident happens which you think may be harassment or bullying, you may prefer initially to attempt to resolve the problem informally, if you feel able to do so. In some cases it may be possible and sufficient to explain clearly to the person engaging in the unwanted conduct that the behaviour in question is not welcome, that it offends you or makes you uncomfortable and that it interferes with your work. You should make it clear that you want the behaviour to stop. 12.23 In circumstances where this is too difficult or embarrassing for you to do on your own, you could seek support from a friend at work or a member of the HR department. If the incident concerns a customer, client or other third party, you may wish to ask your manager to intervene for you on an informal basis. 12.24 If the conduct continues or if it is not appropriate to resolve the problem informally or you do not feel able to raise it informally, you should raise a formal complaint, using the procedure set out in our Grievance procedure. 13. Whistle Blowing Policy 13.1 We are committed to conducting our business with honesty and integrity and we
expect all staff to maintain high standards. We encourage staff to report suspected wrong doing as soon as possible. Who is covered by this policy? 13.2 This policy applies to all individuals working at all levels of the organisation, including directors, employees, consultants, contractors, trainees, home workers, part-time and fixed term workers, casual agency staff (collectively referred to as staff in this policy). What is whistleblowing? 13.3 Whistleblowing is the reporting of suspected wrongdoing or dangers in relation to our activities. This includes bribery, fraud or other criminal activity, miscarriages of justice, health and safety risks, damage to the environment and any breach of legal or professional obligations. How to raise a concern 13.4 We hope that in many cases you will be able to raise any concerns with your line manager. However, where you prefer not to raise it with your line manager for any reason, you should contact the Managing Director. 13.5 We will arrange a meeting with you as soon as possible to discuss your concern. You may bring a colleague or union representative to any meetings under this policy. Your companion must respect the confidentiality of your disclosure and any subsequent investigation. Confidentiality 13.6 We hope that staff will feel able to voice Whistleblowing concerns openly under this policy. Completely anonymous disclosures are difficult to investigate. If you want to raise your concern confidentially, we will make every effort to keep your identity secret and only reveal it where necessary to those involved in investigating your concern. External disclosures
13.7 The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. In most cases you should not find it necessary to alert anyone externally. 13.8 The law recognises that in some circumstances it may be appropriate for you to report your concerns to an external body such as the regulator. We strongly encourage you to seek advice before reporting a concern to anyone external. Public concerns at work operate a confidential helpline. Protection and support for whistle-blowers 13.9 We aim to encourage openness and will support staff that raise genuine concerns in good faith under this policy, even if they turn out to be mistaken. 13.10 Staff must not suffer any detrimental treatment as a result of raising a concern in good faith. If you believe that you have suffered any such treatment, you should inform your line manager immediately. If the matter is not remedied you should raise it formally using our Grievance Procedure. 13.11 Staff must not threaten or retaliate against whistle-blowers in any way. Anyone involved in such conduct will be subject to disciplinary action. 13.12 If we conclude that a whistle-blower has made false allegations maliciously, in bad faith or with a view to personal gain, the whistle-blower may be subject to disciplinary action. 14 Maternity Policy 14.1 This policy outlines the statutory rights and responsibilities of employees who are pregnant or have recently given birth, and sets out the arrangements for antenatal care, pregnancy-related sickness, health and safety, and maternity leave. It does not apply to agency workers or the self-employed.
Definitions 14.2 The definitions in this paragraph apply in this policy: Expected Week of Childbirth: the week, starting on a Sunday, in which your doctor or midwife expects you to give birth. Qualifying Week: the fifteenth week before the Expected Week of Childbirth. Notification 14.3 You must inform us as soon as possible that you are pregnant. This is important as there may be health and safety considerations. However, you must tell us before the end of the Qualifying Week or as soon as reasonably practical afterwards. You must tell us: (a) that you are pregnant; (b) the Expected Week of Childbirth; and (c) the date on which you would like to start your maternity leave (Intended Start Date) 14.4 You must provide a certificate from a doctor or midwife (usually on a MAT B1 form) confirming your Expected Week of Childbirth. Time off for ante-natal care 14.5 If you are pregnant you may take reasonable paid time off during working hours for ante-natal care. You should try to give us as much notice as possible of the appointment. We may ask you to provide the following, unless it is the first appointment: (a) a certificate from the doctor, midwife or health visitor stating that you are pregnant; and (b) an appointment card. Sickness 14.6
Periods of pregnancy-related sickness absence shall be paid in accordance with your contract of employment in the same manner as any other sickness absence. 14.7 If you are absent for a pregnancy-related reason during the four weeks before your Expected Week of Childbirth, your maternity leave will usually start automatically. Health and safety 14.8 We have a general duty to take care of the health and safety of all employees. We are also required to carry out a risk assessment to assess the workplace risks to women who are pregnant, have given birth within the last six months or are still breastfeeding. 14.9 We will provide you with information as to any risks identified in the risk assessment, and any preventive and protective measures that have been or will be taken. If we consider that, as a new or expectant mother, you would be exposed to health hazards in carrying out your normal work we will take such steps as are necessary (for as long as they are necessary) to avoid those risks. This may involve: (a) changing your working conditions or hours of work; (b) offering you suitable alternative work on terms and conditions that are the same or not substantially less favourable; or (c) suspending you from duties, which will be on full pay unless you have unreasonably refused suitable alternative work. Entitlement to maternity leave 14.10 All employees are entitled to up to 52 weeks' maternity leave which is divided into: (a) Ordinary maternity leave of 26 weeks (OML). (b) Additional maternity leave of a further 26 weeks immediately following OML (AML).
Starting maternity leave 14.11 The earliest date you can start maternity leave is 11 weeks before the Expected Week of Childbirth (unless your child is born prematurely before that date). 14.12 You must notify us of your Intended Start Date. We will then write to you within 28 days to inform you of the date we will expect you to return to work if you take your full entitlement to maternity leave (Expected Return Date). 14.13 You can postpone your Intended Start Date by informing us in writing at least 28 days before the original Intended Start Date, or if that is not possible, as soon as reasonably practicable. You can bring forward the Intended Start Date by informing us at least 28 days before the new start date, or if that is not possible, as soon as reasonably practicable. 14.14 Maternity leave shall start on the earlier of: (a) your Intended Start Date (if notified to us in accordance with this policy); or (b) the day after any day on which you are absent for a pregnancy-related reason during the four weeks before the Expected Week of Childbirth; or (c) the day after you give birth. 14.15 The law prohibits you from working during the two weeks following childbirth. 14.16 Before your maternity leave starts we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave
Statutory maternity pay 14.17 Statutory maternity pay (SMP) is payable for up to 39 weeks. SMP will stop being payable if you return to work, except where you are simply keeping in touch. You are entitled to SMP if: (a) you have been continuously employed for at least 26 weeks at the end of the Qualifying Week and are still employed by us during that week; (b) your average weekly earnings during the eight weeks ending with the Qualifying Week (the Relevant Period) are not less than the lower earnings limit set by the Government; (c) you provide us with a doctor's or midwife's certificate (MAT B1 form) stating your Expected Week of Childbirth; (d) you give at least 28 days' notice (or, if that is not possible, as much notice as you can) of your intention to take maternity leave; and (e) you are still pregnant 11 weeks before the start of the Expected Week of Childbirth or have already given birth. 14.18 SMP is calculated as follows: (a) First six weeks: SMP is paid at the Earnings-Related Rate of 90% of your average weekly earnings calculated over the Relevant Period; (b) Remaining 33 weeks: SMP is paid at the Prescribed Rate which is set by the Government for the relevant tax year, or the Earnings-Related Rate if this is lower. 14.19 SMP accrues from the day on which you commence your OML and thereafter at the end of each complete week of absence. SMP payments shall be made on the next normal payroll date and income tax, National Insurance and pension contributions shall be deducted as appropriate. Terms and conditions during OML and AML 14.20 All the terms and conditions of your employment remain in force during OML and AML, except for the terms relating to pay. In particular: (a) benefits in kind shall continue; (b) annual leave entitlement under your contract shall continue to accrue; and (c) pension benefits shall continue.
Annual leave 14.21 During OML and AML, annual leave will accrue at the rate provided under your contract. 14.22 Our holiday year runs from the 1st of June to 31st of May. In many cases a period of maternity leave will last beyond the end of the holiday year. Any holiday entitlement for the year that cannot reasonably be taken before starting your maternity leave can be carried over to the next holiday year. 14.23 You should discuss your holiday plans with your line manager in good time before starting your maternity leave. All holiday dates are subject to approval by your manager. Keeping in touch 14.24 We may make reasonable contact with you from time to time during your maternity leave. 14.25 You may work (including attending training) for up to ten days during maternity leave without bringing your maternity leave or SMP to an end. The arrangements, including pay, would be set by agreement with your line manager. You are not obliged to undertake any such work. 14.26 Before you are due to return to work, we may invite you to have a discussion (whether in person or by telephone) about the arrangements for your return. This may cover: (a) updating you on any changes that have occurred during your absence; (b) any training needs you might have; and (c) any changes to working arrangements (for example if you have made a request to work part-time; see paragraph 14.38). Expected return date 14.27
Once you have notified us in writing of your Intended Start Date, we shall send you a letter within 28 days to inform you of your Expected Return Date. If your start date has been changed (either because you gave us notice to change it, or because maternity leave started early due to illness or premature childbirth) we shall write to you within 28 days of the start of maternity leave with a revised Expected Return Date. 14.28 We will expect you back at work on your Expected Return Date unless you tell us otherwise. It will help us if, during your maternity leave, you are able to confirm that you will be returning to work as expected. Returning early 14.29 If you wish to return to work earlier than the Expected Return Date, you must give us eight weeks' prior notice. It is helpful if you give this notice in writing. 14.30 If not enough notice is given, we may postpone your return date until eight weeks after you gave notice, or to the Expected Return Date if sooner. Returning late 14.31 If you wish to return later than the Expected Return Date, you should either: (a) request unpaid parental leave in accordance with our Parental Leave Policy, giving us as much notice as possible but not less than 21 days; or (b) request paid annual leave in accordance with your contract, which will be at our discretion. 14.32 If you are unable to return to work due to sickness or injury, this will be treated as sickness absence and our Sickness Absence Policy will apply. 14.33 In any other case, late return will be treated as unauthorised absence. Deciding not to return 14.34 If you do not intend to return to work, or are unsure, it is helpful if you discuss this
with us as early as possible. If you decide not to return you should give notice of resignation in accordance with your contract. Once you have given notice that you will not be returning to work, you cannot change your mind without our agreement. This does not affect your right to receive SMP. Your rights when you return 14.35 You are normally entitled to return to work in the same position as you held before commencing leave. Your terms of employment shall be the same as they would have been had you not been absent. However, if you have taken any period of AML or more than four weeks' parental leave, and it is not reasonably practicable for us to allow you to return into the same position; we may give you another suitable and appropriate job on terms and conditions that are not less favourable. Returning to work part-time 14.36 We will deal with any requests by employees to change their working patterns (such as working part-time) after maternity leave on a case-by-case basis. There is no absolute right to insist on working part-time, but you do have a statutory right to request flexible working and we will try to accommodate your wishes unless there is a justifiable reason for refusal, bearing in mind the needs of our business. It is helpful if requests are made as early as possible. The procedure for dealing with such requests is set out in our Flexible Working Policy. Redundancies during maternity leave 14.37 In the event that your post is affected by a redundancy situation occurring during your maternity leave, we shall write to inform you of any proposals and shall invite you to a meeting before any final decision is reached as to your continued employment. Employees on maternity leave and adoption leave shall be given first refusal on any suitable alternative vacancies that are appropriate to their skills. 15.Adoption Policy 15.1 This policy outlines the statutory rights and responsibilities of employees who adopt, and sets out the arrangements for adoption leave. It only applies to employees and does not apply to agency workers or the self-employed.
Definitions 15.2 The definitions in this paragraph apply in this policy. Qualifying Week: the week, starting on a Sunday, in which you are notified in writing by an adoption agency of having been matched with a child. Expected Placement Date: the date on which an adoption agency expects that it will place a child into your care with a view to adoption. Ordinary Adoption Leave (OAL): a period of up to 26 weeks' leave available to all employees who qualify for adoption leave under paragraph 15.3 to paragraph 14.4. Additional Adoption Leave (AAL): a further period of up to 26 weeks' leave immediately following OAL. Entitlement to adoption leave 15.3 Adoption leave is only available if you are adopting through a UK or overseas adoption agency (for overseas adoptions, see paragraph 15.8 to paragraph 15.13). It is not available if there is no agency involved, for example, if you are formally adopting a stepchild or other relative. 15.4 You are entitled to adoption leave if you meet all the following conditions: (a) An adoption agency has given you written notice that it has matched you with a child for adoption and tells you the Expected Placement Date. (b) You have notified the agency that you agree to the child being placed with you on the Expected Placement Date. (c) You have been continuously employed by us for at least 26 weeks ending with the Qualifying Week. (d) Your spouse or partner will not be taking adoption leave with their employer (although they may be entitled to take paternity leave). Notification of intention to take leave 15.5 You must give us notice in writing of: (a) the Expected Placement Date; and (b) your intended start date for adoption leave (Intended Start Date) (see paragraph 14.14 to paragraph 14.18). 15.6 This notice should be given not more than seven days after the agency notified you in writing that it has matched you with a child.
15.7 At least 28 days before your Intended Start Date (or, if this is not possible, as soon as you can), you must also provide us with: (a) A Matching Certificate from the adoption agency confirming: i. the agency's name and address; ii. the date you were notified of the match; and iii. the Expected Placement Date. (b) Written confirmation that you intend to take statutory adoption leave and not statutory paternity leave. Overseas adoptions - if you are adopting a child from overseas, the following will apply: 15.8 You must have received notification that the adoption has been approved by the relevant UK authority (Official Notification). 15.9 You must give us notice in writing of: (a) your intention to take adoption leave; (b) the date you received Official Notification; and (c) the date the child is expected to arrive in Great Britain. 15.10 This notice should be given as early as possible but in any case within 28 days of receiving Official Notification (or, if you have less than 26 weeks' employment with us at the date of Official Notification, within 30 weeks of starting employment). 15.11 You must also give us at least 28 days' notice in writing of your Intended Start Date. This can be the date the child arrives in Great Britain or a predetermined date no more than 28 days after the child's arrival in Great Britain. 15.12 You must also notify us of the date the child arrives in Great Britain within 28 days of that date. 15.13 We may also ask for a copy of the Official Notification and evidence of the date the child arrived in Great Britain.
Starting adoption leave 15.14 OAL may start on a predetermined date no more than 14 days before the Expected Placement Date, or on the date of placement itself, but no later. 15.15 You must notify us of your Intended Start Date in accordance with paragraph 15.5 to paragraph 15.7. We will then write to you within 28 days to inform you of the date we will expect you to return to work if you take your full entitlement to adoption leave (Expected Return Date). 15.16 You can postpone your Intended Start Date by informing us in writing at least 28 days before the original date or, if that is not possible, as soon as you can. 15.17 You can bring forward your Intended Start Date by informing us in writing at least 28 days before the new start date or, if that is not possible, as soon as you can. 15.18 Shortly before your adoption leave starts we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave. Unless you request otherwise, you will remain on circulation lists for internal news, job vacancies, training and work-related social events. Statutory adoption pay 15.19 Statutory adoption pay (SAP) is payable for up to 39 weeks. It stops being payable if you return to work sooner or if the placement is disrupted. You are entitled to SAP if: (a) you have been continuously employed for at least 26 weeks at the end of your Qualifying Week and are still employed by us during that week; (b) your average weekly earnings during the eight weeks ending with the Qualifying Week (the Relevant Period) are not less than the lower earnings limit set by the Government; and (c) you have given us the relevant notifications under paragraph 15.5 to paragraph 15.7.
15.20 SAP is paid at a Prescribed Rate which is set by the Government for the relevant tax year, or at 90% of your average weekly earnings calculated over the Relevant Period if this is lower. 15.21 SAP accrues with each complete week of absence but payments shall be made on the next normal payroll date. Income Tax, National Insurance and pension contributions shall be deducted as appropriate. 15.22 If you leave employment for any reason (for example, if you resign or are made redundant) you shall still be eligible for SAP if you have already been notified by an agency that you have been matched with a child. In such cases, SAP shall start: 14 days before the Expected Placement Date; or (a) the day after your employment ends, (b) whichever is the later. 15.23 If you become eligible for a pay rise before the end of your adoption leave, you will be treated for SAP purposes as if the pay rise had applied throughout the Relevant Period. This means that your SAP will be recalculated and increased retrospectively, or that you may qualify for SAP if you did not previously qualify. We shall pay you a lump sum to make up the difference between any SAP already paid and the amount payable by virtue of the pay rise. Any future SAP payments at the Earnings-Related Rate (if any) will also be increased as necessary. Terms and conditions during OAL and AAL 15.24 All the terms and conditions of your employment remain in force during OAL and AAL, except for the terms relating to pay. In particular: (a) benefits in kind shall continue; (b) annual leave entitlement under your contract shall continue to accrue (see paragraph 16.25 to 16.27); and (c) pension benefits shall continue (see contract of employment). Annual leave 15.25 During OAL and AAL, annual leave will accrue at the rate provided under your contract.
15.26 Our holiday year runs from June 1st to May 31st. In many cases a period of adoption leave will last beyond the end of the holiday year. Any holiday entitlement for the year that cannot reasonably be taken before starting your adoption leave can be carried over to the next holiday year. 15.27 You should discuss your holiday plans with your line manager in good time before starting your adoption leave. All holiday dates are subject to approval by your manager. Redundancies during adoption leave 15.28 In the event that your post is affected by a redundancy situation occurring during your adoption leave, we shall write to inform you of any proposals and shall invite you to a meeting before any final decision is reached as to your continued employment. Employees on maternity and adoption leave shall be given first refusal on any suitable alternative vacancies that are appropriate to their skills. Disrupted adoption 15.29 Adoption leave is disrupted if it has started but: (a) you are notified that the placement will not take place; (b) the child is returned to the adoption agency after placement; or (d) the child dies after placement. 15.30 In case of disruption your entitlement to adoption leave and pay (if applicable) will continue for a further eight weeks from the end of the week in which disruption occurred, unless your entitlement to leave and/or pay would have ended earlier in the normal course of events. Keeping in touch 15.31 We may make reasonable contact with you from time to time during your adoption leave. 15.32
You may work (including attending training) on up to ten days during adoption leave without bringing your adoption leave to an end. This is not compulsory and arrangements, including any additional pay, would be discussed and agreed with your line manager. 15.33 Before you are due to return to work, we may invite you to have a discussion (whether in person or by telephone) about the arrangements for your return. This may cover: (a) updating you on any changes that have occurred during your absence; (b) any training needs you might have; and (c) any changes to working arrangements (for example, if you have made a request to work part time). Expected return date 15.34 Once you have notified us in writing of your Intended Start Date, we shall send you a letter within 28 days to inform you of your Expected Return Date. If your start date changes we shall write to you within 28 days of the start of adoption leave with a revised Expected Return Date. 15.35 We will expect you back at work on your Expected Return Date unless you tell us otherwise (see paragraph 15.38 to paragraph 15.45). It will help us if, during your adoption leave, you are able to confirm that you will be returning to work as expected. Returning early 15.36 If you wish to return to work earlier than the Expected Return Date, you must give us at least eight weeks' notice. It is helpful if you give this notice in writing. 15.37 If you do not give enough notice, we may postpone your return date until eight weeks after you gave notice, or to the Expected Return Date if sooner. Returning late 15.38
If you wish to return later than the Expected Return Date, you should either: (a) request unpaid parental leave in accordance with our Parental Leave Policy, giving us as much notice as possible but not less than 21 days; or (b) request paid annual leave in accordance with your contract, which will be at our discretion. 15.39 If you are unable to return to work due to sickness or injury, this will be treated as sickness absence and our usual sickness policy will apply. 15.40 In any other case, late return will be treated as unauthorised absence. Deciding not to return 15.41 If you do not intend to return to work, or are unsure, it is helpful if you discuss this with us as early as possible. If you decide not to return you should give notice of resignation in accordance with your contract. The amount of adoption leave left to run when you give notice must be at least equal to your contractual notice period, otherwise we may require you to return to work for the remainder of the notice period. 15.42 Once you have given notice that you will not be returning to work, you cannot change your mind without our agreement. 15.43 This does not affect your right to receive SAP. Your rights when you return 15.44 You are normally entitled to return to work in the same position as you held before commencing leave. Your terms of employment shall be the same as they would have been had you not been absent. 15.45
However, if you have taken any period of AAL or more than four weeks' parental leave, and it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable. Returning to work part-time 15.46 We will deal with any requests by employees to change their working patterns (such as working part time) after adoption leave on a case-by-case basis. There is no absolute right to insist on working part time, but you do have a statutory right to request flexible working and we will try to accommodate your wishes unless there is a justifiable reason for refusal, bearing in mind the needs of our business. It is helpful if requests are made as early as possible. The procedure for making and dealing with such requests is set out in our Flexible Working Policy. 16. Paternity Policy 16.1 This policy outlines employees' entitlement to paternity leave and sets out the arrangements for taking it. The policy does not apply to agency workers or the selfemployed. 16.2 No-one will be discriminated against or subjected to a detriment for taking leave in accordance with this policy. Definitions 16.3 The definitions in this paragraph apply in this policy. Partner: someone (whether of a different sex or the same sex) with whom you live in an enduring family relationship, but who is not your parent, grandparent, sister, brother, aunt or uncle. Expected Week of Childbirth: the week, beginning on a Sunday, in which their doctor or midwife expects your spouse, civil partner or Partner to give birth. Expected Placement Date: the date on which an adoption agency expects that it will place a child into your care with a view to adoption. Entitlement to paternity leave
16.4 Certain employees can take paternity leave in relation to the birth or adoption of a child. However, in adoption cases paternity leave is not available to an employee who decides to take adoption leave. Further details of adoption leave are set out in our Adoption Policy. 16.5 You are entitled to paternity leave if you meet all of the following conditions: (a) You have been continuously employed by us for at least 26 weeks ending with: i. in birth cases, the 15th week before the Expected Week of Childbirth. ii. in adoption cases, the week in which you or your Partner are notified by an adoption agency that you/they have been matched with a child. (b) You: i. are the biological father of the child; ii. have been matched with a child by an adoption agency; iii. are the spouse, civil partner or Partner of the child's mother; or iv. are the spouse, civil partner or Partner of someone who has been matched with a child by an adoption agency. (c) You: i. expect to have main responsibility (with the child's mother, coadopter or adopter) for the child's upbringing; or ii. are the child's biological father and you expect to have some responsibility for the child's upbringing. (d) Your intended leave is for the purpose of caring for the child, or supporting the child's mother, adopter or co-adopter in caring for the child. Timing and length of paternity leave 16.7 Paternity leave must be taken as a period of either one week or two consecutive weeks. It cannot be taken in instalments. 16.8 Paternity leave can be taken from the date of the child's birth or adoption placement, but must end: (a) In birth cases, within 56 days of the child's birth, or if the child is born before the first day of the Expected Week of Childbirth, within 56 days of the first day of the Expected Week of Childbirth. (b) In adoption cases, within 56 days of the child's placement. Notification (birth)