SLLN Colleague Handbook
LLN Colleague Handbook
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Your Journey
With Shangri-La Begins
Here
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ABOUT SHANGRI-LA
We believe, with the right attitude,
anything is possible
Our name, Shangri-La, was inspired by James Hilton’s legendary novel “Lost
Horizon”. Hilton’s book was about a tranquil haven in the mountains of the
Himalayas, called Shangri-La, which cast a spell on all who resided there.
As a hotel group, Shangri-La began in 1971 with our first deluxe hotel in
Singapore. Today, the group comprises over 101 deluxe hotels and resorts in
key cities in Europe, Asia Pacific, Canada and the Middle East. Based in Hong
Kong, we are expanding globally with hotels under development throughout
Asia, Europe, and North America.
Our portfolio includes a range of different brands for guests to enjoy:
• Shangri-La City Hotels
• Shangri-La Resorts
• Traders Hotels
• Kerry Hotels
• CHI, The Spa at Shangri-La
We also offer our luxury hospitality at two of Asia’s most prestigious
recreational clubs:
• Aberdeen Marina Club, Hong Kong
• Xili Golf and Country Club, Shenzhen
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Our Philosophy
“Shangri-La Hospitality from a Caring Family”
You will hear us talk about this quite a bit and the truth is that there is a family
behind the brand and we encourage a family environment, underpinned by
our Core Values.
Our Vision
“To be the first choice for our guests, colleagues, shareholders and business
partners”
This is where we are going, our destination if you like. When we think about
our ultimate goal, this is what we have in mind.
Our Mission
“To delight our guests every time by creating engaging experiences straight
from our hearts”
…and this is how we go about achieving Our Vision one guest at a time.
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Our Core Service Values
They are at the heart of everything we do, from our relationships with
colleagues to our recruitment to the way we carry out our business relations
with guests and suppliers.
Respect
Due regard for the feelings, wishes, or rights of others
Humility
The quality of having a modest or low view of one’s importance
Courtesy
The showing of politeness in one’s attitude and behaviour towards others
Helpfulness
Giving or ready to give help
Sincerity
The absence of pretense, deceit, or hypocrisy
Selflessness
Concerned more with the needs and wishes of others than with one’s own
Our Leadership Competencies
Drives Business Results
Can be counted on to consistently deliver business results with a bottom line and
customer centric approach.
Builds Collaborative Partnerships
Facilitates business success by building and maintaining supportive and trusting
relationships within and outside Shangri-La.
Drives Innovation
Fosters an environment that supports experimentation, rewards risk taking,
accepts failure, reinforces curiosity and challenges the status quo.
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Leads Teams
Develops and leads high performing teams to achieve business goals,
role modelling the Shangri-La values.
Develops People
Understands and is committed to people development. Supports growth
opportunities, provides coaching and constructive feedback.
Develops Self
Exhibits a continuous and proactive desire to learn; acquires knowledge
and skill-sets to meet exciting and future business
Our Guiding Principles
• We will ensure leadership drives for results.
• We will make guest loyalty a key driver of our business.
• We will enable decision-making at the guest contact point.
• We will be committed to the financial success of our own unit and of
our company.
• We will create an environment where our colleagues may achieve
their personal and career goals.
• We will demonstrate honesty, care and integrity in all our relationships.
• We will ensure our policies and processes are guest and colleague
friendly.
• We will remain deeply committed to our social responsibility by making
a positive contribution to our communities, environment, colleagues,
guests and business partners.
Before we start…
We will be referring to “Your Manager” often throughout this handbook.
When we say “Your Manager” we mean your immediate Manager (the
person in charge of your department). At Shangri-La, this person will normally
be a Senior Service Manager or a Service Manager.
If in doubt, please ask or refer to your departmental Delegation of Authority
document.
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Where we refer to the Company, this means Shangri-La Hotel, At the Shard,
London (or SLLN).
Service Levels
Throughout your career with Shangri-La you may often hear about “Levels” or
“Service Levels”. These are the same across all our hotels and they help us
ensure consistency across our portfolio. There are also “Corporate Levels”
which align with the Hotel levels. Your contractual letter of appointment will
show your level appropriate to your position. Please find both Corporate and
Hotel levels as below:
Hotel Levels Corporate Levels
Level 1 or Service Executives M3
Level 2 or Senior Service M2
Managers
Level 3 or Service Managers M1
Level 4 or Service Leaders E1, E2, E3
Level 5 or Service Associates N1, N2
Now on with the handbook…
This handbook provides information with regards to many of our benefits and
employment policies and procedures and needs to be read in conjunction
with your individual letter of appointment and employment contract.
Those involved in managing others, whether our own employees or
contractors, should find that this handbook also provides clear guidance
concerning the procedures to be used. It is particularly important that
managers apply the policies and procedures contained herein, such as the
disciplinary, grievance and equal opportunities consistently and fairly both to
treat employees with the respect they deserve and to ensure that our hotel
complies with legislation.
We are committed to conducting our business with honesty and integrity and
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to protecting your health, safety and welfare and that of all those who work
for us by providing a safe place of work. We expect all our colleagues to
maintain high standards.
Each section of the handbook complies with the latest relevant legislation
and is correct at the time of publication. However, for business and legal
reasons, change is inevitable from time to time and you should note any
amendments issued by us in the future. This will be communicated to you and
updated copies of the handbook made available through company
computers and or through email.
It should be noted that any breach of our rules, policies and procedures may
lead to disciplinary action being taken against you.
If you have any queries about anything in the handbook, you should raise
them with your manager or the human resources team.
There is an index at the end of the handbook, in pages 172 and 173. Get
there fast by pressing Ctrl+End keys.
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Part One
Your Employment
ABOUT YOUR EMPLOYMENT
Further details of the terms of your employment are set out below. In the
event of a conflict between this policy and your contract of employment, the
terms of your contract of employment shall prevail. Should you have any
queries, please contact the Human Resources Department.
ALTERATIONS TO TERMS AND CONDITIONS OF EMPLOYMENT
The Company reserves the right to alter terms and conditions of employment,
following appropriate consultation with employees.
Consultation may be done on an individual basis, or collectively through staff
representatives, according to the nature and scale of the change being
proposed. Any decision to change terms and conditions of employment will
take account of the benefits accruing from the change and the impact that
the change will have on the employees affected. If you are affected by any
change to your terms and conditions of employment, you will receive written
confirmation of the change and a reasonable period of notice.
This employee handbook is also subject to periodic revision. Such changes
may be driven by new developments in the business climate and evolving
legislative requirements. Adjustments to any contractual aspects of the
handbook will be handled in accordance with the procedure outlined
above.
Any amendment to the provisions contained in non-contractual policies or
provisions will be notified to you in writing with a statement that the
amendment supersedes the relevant provision in this handbook.
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CONTINUOUS SERVICE DATE
If you transfer jobs from one property to another within Shangri-La, your
continuous service date is stated in your contract of employment as the first
day on which you joined the Group.
JOB RESPONSIBILITIES
Your job duties and responsibilities are set out in your Job Description and in
any verbal or written instructions that may be given to you by your manager
or HR colleague. Your Job Description and any written or verbal instructions
are intended as a guide to your main areas of responsibility, rather than as a
full description of them.
Because of the changing nature of the business, your duties and
responsibilities may change in the future. We reserve the right at any time
during your employment to require you to undertake any additional or
reasonable alternative duties within your capability. This includes transferring
you to another job function, to another department or to another hotel within
Shangri-La. Of course if we require you to transfer to another job, department
or hotel, we will give you a reasonable period of notice.
In the event of a colleague consistently not meeting the required standards
of work performance, a Performance Management programme will be
implemented by your Manager. If there is no significant improvement in
performance as a result of this programme, disciplinary action may be taken.
ATTENDANCE AT WORK: CONTRACTUAL
HOURS
The number of hours that you have been contracted to work is contained in
your written particulars of employment.
Your Manager may ask you to work additional hours, above those you have
been contracted to work. When this happens, you may be given time off in
lieu or may be paid for these hours at your standard hourly rate. Your
Manager will advise you whether time off in lieu or payment will be given.
Overtime hours must be authorised in advance and are at the Company’s
absolute discretion.
There is no entitlement to overtime. If you choose to work on at the end of
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your shift without the prior approval of your Manager, this will not be
considered overtime and you will not be entitled to payment, or time off in
lieu, for these hours.
Employees in service manager and senior service manager positions are
expected to manage their own time and will not be paid for any overtime
hours worked.
Any lieu time accrued does not have any financial value and will not be paid
when leaving the company or transferring to another position or hotel.
WORKING TIME
Working time is defined as approved hours worked when a colleague is
actually carrying out their duties and activities at the Company’s premises
(which includes our satellite office) but excludes meal breaks or travelling to
and from the Company’s premises from home. Travel between the hotel and
the satellite office is working time.
RECORDING WORKING HOURS
Your Manager will tell you how to record the times and hours that you work
and you must follow the procedures laid down for this purpose. This will
normally be through the ADP hand-reader located in the hotel entrance or
your department which you are advised to use upon starting and finishing
work.
You must not allow anyone else to record your working hours for you, and you
must not record working hours for anyone else. It is a very serious disciplinary
offence to falsify your own timekeeping records or those of anyone else
(please refer to the section on Gross Misconduct under the Disciplinary Policy
later in this handbook).
As your attendance record is largely based on the sign-in and sign-out
recorded on the hand-readers, you are strongly advised not to come to the
hotel when you are not due to work, or loiter either before the start or the end
of your shift.
ROTAS
Because our business operates 24 hours a day, every day of the year, there
are no set working patterns in many departments. The hours you will be
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required to work will be displayed on a rota within your department.
It is your responsibility to make sure that you know when you are scheduled to
work and you are not allowed to change shifts with a colleague without your
Manager’s approval in advance.
REPORTING FOR WORK
Our guests expect and deserve the highest quality of service from us.
Therefore, it is vital that you start work on time and that you are not absent
without good reason.
You are expected to report for duty, ready and in uniform (if applicable), at
the time indicated on your rota. This means therefore, that if you need to visit
your locker or get changed, you will need to arrive sufficiently early to ensure
that you are ready to start work on time in your department.
BREAKS
Although breaks in addition to the daily meal breaks are not required by law,
some departments may be able to offer their employees short breaks on
occasion. These breaks are at the discretion of your Manager and will vary
depending on business needs. Please avoid using the lift wherever possible to
keep it available for room service, housekeeping or other operational
departments; and if taking a short break please consider using your
department back of house area instead of the staff restaurant.
ATTENDANCE
Being absent or late impacts your colleagues as well as our guests. Since our
work depends upon teamwork, when you are not at work, everyone else
must adjust to assume your work load. It is your responsibility to report for your
scheduled shifts of work on time and appropriately attired. If you are going to
be late or are unable to report to work, contact your Manager immediately.
If they are unavailable you must make contact with the Duty Manager or the
Human Resources department straight away.
WORKING TIME REGULATIONS
These regulations lay down certain rights that workers have in relation to their
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working time, the principal one being the right to limit their working hours to
no more than 48 hours per week, averaged over a 17 week reference period.
The regulations also provide for minimum periods of daily and weekly rest,
breaks at work and further stipulations in respect of night workers and young
workers.
However, individual colleagues and workers can opt out of the 48 hour
weekly limit on working time, and a number of the other regulations can be
varied if these variations are agreed.
Your manager or the Human Resources department may ask if you want to
opt out of the 48 hour weekly limit by signing an agreement to this effect. In
some instances this will be included as a clause in your contract of
employment. You are not obliged to opt out and if you do so, and
subsequently change your mind, you can retract your agreement by giving
written notice as laid down in the agreement document.
SECOND JOBS/MOONLIGHTING
We understand that on occasion you may decide to obtain additional
employment while employed by the Company. This is explicitly prohibited for
some positions and you are encouraged to look at your terms and conditions
of employment for more details. In those cases where your particulars of
employment permit it, we ask that you think seriously about the effects that
such extra work may have on the limits of your endurance, overall health,
and effectiveness on the job. We will hold all employees to the same
standards of performance and attendance, and cannot make exceptions
for those who also hold jobs outside the Company.
The Working Time Regulations place an obligation on us to safeguard your
health and safety by monitoring your working hours if they are likely to
exceed the 48 hour weekly limit. This limit applies to your total working hours,
not just to the hours you work for us. For this reason, you must tell your Human
Resources department if you have another job and your total working hours
(i.e. the hours you work for us plus the hours worked in your other job)
averaged out at more than 48 hours per week. In this case, you will be asked
to sign an opt-out agreement so that you can work more than 48 hours per
week. The Working Time Regulations allow you to do this, so long as there is
no obvious risk to your health and safety involved in doing so.
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TIMEKEEPING AND UNAUTHORISED ABSENCE
We reserve the right not to pay your wages for each day of unauthorised
absence from work.
Your Manager will decide the circumstances in which this is appropriate and
‘unauthorised absence’ means failure to report to work, except for:-
– Cases of genuine sickness or injury notified in accordance with the
reporting of sickness/absence procedure outlined in this Handbook.
– Leave for which your Manager has already granted permission.
– A genuine reason beyond your control which is acceptable to, and
agreed by us.
Unauthorised absence may lead to disciplinary proceedings, up to and
including dismissal.
YOUR PAY
CONTRACTUAL PAY FOR EMPLOYEES ON PERMANENT CONTRACTS
The pay rate outlined in your written particulars of employment is paid in
respect of your contractual working hours.
The pay period for employees on permanent contracts runs from 1st until the
last day of the month.
Your pay will accrue from day to day and be payable monthly in arrears on
or around the 30th of each month directly in to your bank or building society
account.
CONTRACTUAL PAY FOR EMPLOYEES ON CASUAL CONTRACTS
The hourly pay rate outlined in your written particulars of employment is paid
in respect of hours worked before payroll cutoff (usually 14th of the month).
The pay period for employees on casual contracts runs from 15th of the
previous month until the 14th of the current month.
Your pay will be payable on or around the 30th of each month directly in to
your bank or building society account.
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PAY REVIEWS
The Company reviews wages and salaries each year, usually on or around
Chinese New Year. There is, however, no obligation on the Company to
increase your pay rate
YOUR HOLIDAY ARRANGEMENTS
HOLIDAY YEAR
The Company’s holiday year runs from 1st April to 31st March.
HOLIDAY ENTITLEMENT FOR EMPLOYEES ON PERMANENT CONTRACTS
You are normally entitled to take 5.6 weeks’ (28 days) of paid holiday, which
is inclusive of bank and public holidays, if you work a 5 day week. Time off for
bank holidays can, therefore, be counted against your holiday entitlement
and the Company can specify that colleagues take holiday at certain times,
such as bank holidays.
Holiday entitlement is accrued monthly. Therefore, during the holiday year in
which you start or leave your employment, your entitlement to paid holiday
will be calculated on a pro-rata basis.
Holiday entitlement for part time colleagues, or those working other than 5
days per week, is calculated pro rata to the above entitlements.
As our hotel operates 365 days a year, please note that there is no specific
right to specific days off (including bank or public holidays).
HOLIDAY ENTITLEMENT FOR EMPLOYEES ON CASUAL CONTRACTS
Your holiday entitlement will depend on the number of hours that you actually
work and be pro-rated on the basis of a full-time entitlement.
As our hotel operates 365 days a year, please note that there is no specific
right to specific days off (including bank or public holidays).
REQUESTING HOLIDAY
You should complete your holiday request via the ADP ihcm system. If he/she
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approves your request, they will formally approve your request. If they are
unable to approve the request, you will be advised accordingly.
We strongly recommend you do not make any holiday arrangements
(booking travel plans etc.) until you have received signed approval from your
Manager as such costs will not be reimbursed if approval is not granted.
The Company will not be liable for any costs you incur in making
arrangements prior to obtaining authorisation to take a holiday. Whilst we will
make every effort to agree your holiday dates with you, we reserve the right
to give you 4 weeks’ notice (or at least twice the length of the period of
leave which you are required to take, whichever is the greater) to require
you to take all or part of your holiday on specified dates.
UNUSED HOLIDAY ENTITLEMENT
You cannot carry forward any unused holiday entitlement from one year to
the next year without written approval from the General Manager.
In the absence of this approval (which will only be granted in exceptional
circumstances) you forfeit your unused entitlement.
PAYMENT IN LIEU OF OUTSTANDING HOLIDAYS
When you leave Shangri-La, you will be paid in lieu of any accrued holidays
that you have not taken. If when you leave you have taken more holidays
than you have accrued, the excess days will be deducted from your final
pay instalment or any other payments due to you. If you are summarily
dismissed you shall only be entitled to payment in lieu of the amount of
statutory holiday accrued but not taken as at the Termination Date.
UNPAID LEAVE
In a limited number of circumstances, you may be allowed to take a period
of unpaid leave (for example, if you have booked holiday prior to joining us
and have not accrued sufficient paid entitlement at the date your holiday
starts). All requests for unpaid leave should be made to your Human
Resources Director, who will then discuss it with your Manager. The decision to
grant or not grant unpaid leave is at the Company’s absolute discretion.
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PUBLIC HOLIDAYS
Shangri-La Hotels recognises the following UK public holidays:
New Year’s Day (1st January)
Good Friday (March or April)
Easter Monday (March or April)
May Day Holiday (early May)
Spring Holiday (late May)
Late Summer Holiday (August)
Christmas Day (25th December)
Boxing Day (26th December)
Or such other holidays as may be fixed by the national Government.
Because we operate 7 days per week, 365 days per year, the Company may
require you to work on a public holiday.
TERMINATION OF EMPLOYMENT
PROBATIONARY PERIODS
The probationary period allows us to see if we are “right for each other”.
During this time, you will be able to find out if this is the right job and right
place for you. Similarly, the Company has the opportunity to make an initial
assessment of whether you have the right skills and talents for your position.
All employees are engaged subject to successfully completing a
probationary period, which normally lasts for 3 months. If you have been
employed on a different probationary period, this will be stated in your offer
of employment letter and/or written particulars of employment.
During the first month of the probationary period either party, (you or the
Company), can terminate employment without notice (unless expressly
stated otherwise). During the remainder of the probationary period, either
party can terminate employment by giving 1 week notice in writing.
The Company reserves the right to extend a probationary period and will
advise the employee in writing of any decision to do so. During an extended
probationary period, the 1 week notice requirement will continue to apply.
NOTICE BY THE EMPLOYEE
If you wish to terminate your employment after your probationary period has
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expired you are required to give 4 weeks’ written notice to the Company,
unless your offer of employment letter and written particulars of employment
specify a different period of notice.
NOTICE BY THE COMPANY
If the Company wishes to terminate your employment after your probationary
period has expired you will be entitled to receive 4 weeks’ notice during the
first 4 years of service. After 5 years’ continuous service you will be entitled to
receive 5 weeks’ notice and, thereafter, your notice entitlement rises by 1
week for each subsequent year of continuous service to a maximum of 12
weeks’ notice after completion of 12 years’ service. This entitlement applies
unless your offer of employment letter and/or written particulars of
employment specify a different period of notice.
SUMMARY DISMISSAL
If an employee is found to have committed an act of gross misconduct, the
Company may terminate employment without notice or payment in lieu of
notice (please refer to the section on Disciplinary Procedures for examples of
Gross Misconduct). In the case of summary dismissal, the Company reserves
the right to withhold payment in lieu of outstanding holidays accrued in
excess of the statutory entitlement.
RETIREMENT
The default retirement age, which allowed your employer to make you retire
when you reached the age of 65 was abolished in the UK in 2010.
You should be able to retire when the time is right for you. The Company will
only make you retire if this can be objectively justified in the particular
circumstances.
It is your responsibility to talk to your Manager or the Human Resources
Department about your retirement options. If you wish to continue working
beyond the government normal pension age of 65 it may be possible to
change your working pattern and hours. Contact Human Resources if you
wish to discuss this.
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PAY ARRANGEMENTS ON LEAVING
When an employee leaves the Company, it is our usual practice to make
final wage and salary payments on the next routine pay date following the
termination date.
To receive your final payment, you must return all items of Company property
in your possession (for example, uniform, identity card, entry card/key, office
keys, laptop, mobile phone, name tag or Shangri-La pin etc.) in a satisfactory
condition. The Company reserves the right to make deductions from your
final payment should any of the above items not be returned to the
Company.
CONFIDENTIAL INFORMATION
General Data Protection Regulation (GDPR)
The General Data Protection Regulation came into effect on 25th May 2018.
This European-wide law replaced the Data Protection Act 1998.
Personal Identifiable Information (PII) refers to any data that can identify
an individual.
Personal Data Protection refers to regulating and safeguarding the collection,
use, disclosure and retention of individuals’ PII.
Whilst working for the Company you will have access to a variety of
information concerning our guests or the business of the Company. Some of
this information may be useful to the Company’s competitors or to other
interested parties. Our hotels are well known and we have many high profile
guests who value their privacy while staying with us. It is vital that all such
information remains confidential. You must not discuss any matters
whatsoever relating to guests, the Company or its staff or business, or disclose
confidential or sensitive information to anyone outside the Company either
during your employment by the Company or after you have left.
Any unauthorised disclosure of information relating to the Company, its guests
or employees on your part will be treated as misconduct and will be dealt
with as a disciplinary matter. In extreme cases, where the disclosure has a
significant impact on the business or persons affected, the matter may be
considered as gross misconduct and dismissal may result.
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It is a criminal offence to misuse such information and if you are found guilty
of doing so, you could be subject to fines and other penalties.
In the event of a data protection breach, the Company may be liable to pay
a fine of 20 million euros or 4% of the Company’s annual turnover, whichever
is greater.
PRESS ENQUIRIES
Individual employees are not authorised to speak for the Company in
response to an enquiry from a journalist, or other member of the press or
media, on matters relating to the Company, its guests and employees. If you
receive an enquiry of this nature, please explain that the hotel’s Public
Relations Manager, General Manager or Director of Sales and Marketing are
the most appropriate people to assist with the enquiry and refer the enquirer
to one of these individuals. Failure to comply with this requirement may be
treated as a disciplinary matter.
ENTERING INTO CONTRACTS
Employees are not allowed to enter into any form of contract (whether
verbal, written or electronic) on behalf of the Company unless expressly
authorised to do so in their Job Description or have been given authority to
by the General Manager or Vice President. If an individual employee enters
into a contract without authority, the Company accepts no liability for the
terms of the contract and the employee will be subject to disciplinary
proceedings.
SICKNESS ABSENCE POLICY
This Sickness Absence Policy sets out our procedures for reporting sickness
absence and for the management of sickness absence in a fair and
consistent way.
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 (for example, injuries, recurring conditions, or a serious illness requiring
lengthy treatment).
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We wish to ensure that the reasons for sickness are understood in each case
and investigated where necessary. In addition, where needed and
reasonably practicable, measures will be taken to assist those who have
been absent by reason of sickness to return to work.
This policy does not form part of any employee's contract of employment
and it may be amended at any time. We may also vary the procedures set
out in this policy, including any time limits, as appropriate in any case.
If you are sick, you must comply with the following procedure. If you do not,
payment of Statutory Sick Pay (SSP) and/or Company Sick Pay (CSP) may be
affected, and you may also be subject to disciplinary proceedings.
We are aware that sickness absence may result from a disability. At each
stage of the sickness absence meetings procedure (further details are
provided below), particular consideration will be given to whether there are
reasonable adjustments that could be made to the requirements of a job or
other aspects of working arrangements that will provide support at work
and/or assist a return to work. 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 the Human Resources department your
Manager.
REPORTING YOUR SICKNESS ABSENCE
On your first day of sickness, you must telephone your Senior Service Manager
as soon as you realise that you will not be able to attend work. As much
notice as possible must be given prior to your shift. If you work in an
operational department (e.g. F & B) and your absence may affect the
operations, you must notify the Duty Manager at least 2 hours in advance of
your shift start time. The following details should be provided:
a. the nature of your illness or injury;
b. the expected length of your absence from work;
c. your contact details during the absence;
d. details of any outstanding or urgent work that requires your
attention.
If you do not know how long you will be away, you must telephone your
Manager each day to update them on your progress, until such time as you
have a Doctor’s medical certificate indicating how long you will be away.
You should report your non-attendance personally unless you are physically
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unable to telephone yourself, in which case you must arrange for someone
else to do so on your behalf.
On the 8th calendar day of absence you must obtain a certificate from your
doctor known as a "Statement of Fitness for Work" or Fit Note. This should be
forwarded to Human Resources immediately and from thereon in, the
remainder of your sickness/absence must be covered by a Fit Note.
If your doctor provides a certificate stating that you "may be fit for work" you
should inform your 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. This may take place at a return to
work interview. If appropriate measures cannot be taken, you will remain on
sick leave and we will set a date to review the situation.
Please remember that we still require you to maintain regular telephone
contact with your Manager, even if you have submitted a Fit Note. This is
particularly important as the expiry date of your Fit Note approaches. Your
Manager needs to know whether you expect to return to work when your Fit
Note expires, or whether you will be submitting another one.
Where we are concerned about the reason for absence, or 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.
Upon your return to work from sickness, regardless of how long you have
been away, you must report to your Manager and complete a Company
self-certification form which you can obtain from your manager or the
Human Resources department. If you have been absent on sick leave for
more than 7 days we may arrange for you to have a return-to-work interview
with your service executive or a member of the Human Resources
Department. A return-to-work interview 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.
Where your doctor has provided a certificate stating that you "may be fit for
work" we will usually hold a return-to-work interview to discuss any additional
measures that may be needed to facilitate your return to work, taking
account of your doctor's advice. If you have been away from work for longer
than 8 calendar days, or you have had an injury that could be aggravated
by work, we may also write to your doctor asking for any alterations to your
work in order to accommodate your condition (please see Medical
Examinations).
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STATUTORY SICK PAY (SSP)
Payment of Statutory Sick Pay is regulated by law and payments are subject
to tax and national insurance deductions. Most employees are entitled to
receive SSP from the 4th day of sickness.
There are however, some exemptions e.g. certain part time or temporary
workers etc. Please note that SSP is not paid for the first 3 days of any period
of sickness (these days are called ‘waiting days’).
As long as you are eligible for SSP and follow the reporting of
sickness/absence procedure outlined above, you will be paid SSP for all
further qualifying days until you return to work or have exhausted your full
entitlement. SSP payments are regulated by the Government and the
amount you receive is likely to be less than your normal earnings.
You can find up to date rates at: https://www.gov.uk/employers-sick-
pay/entitlement
COMPANY SICK PAY (CSP)
The Company recognises that the inability to work because of illness or injury
may cause you economic hardship. The Company is not however obliged to
pay any salary or wages for any period of absence, regardless of the reason
for that absence. However, the Company may make discretionary payments
of basic salary/wages to sick employees with more than 6 months continuous
service provided that the employee has complied with this policy:-
Please note, it is at the sole discretion of your manager to pay or not pay CSP.
The managers decision among many factors, can be based upon, the integrity
of the sickness absence, a sickness pattern or the employee not adhering to
the sickness procedure.
The Manager, if deciding to not pay CSP, must inform Human Resources and
Payroll to not authorise CSP as, if Human Resources is not informed, this will be
paid automatically through the payroll system.
Length of Continuous Service Maximum Duration of CSP
Less than 6 months 0
6 months to 2 years 1 week
2 years to 3 years 2 weeks
3 years to 4 years 3 weeks
More than 4 years 4 weeks
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We may pay up to a maximum of four weeks for those who have completed over 4 years’
service. Where an employee is eligible for both Company sick pay and SSP, the SSP
element is included within Company sick pay. Company sick pay (if paid) is generally
paid from the first day of sickness (unlike SSP, there are no waiting days). Any entitlement
to Company sick pay is calculated on a rolling year basis.
This means that if, during the 52 week period ending on the date you
become sick, the Company has already exercised its discretion to pay you
Company sick pay, you will not be paid Company sick pay for the current
period of sickness. At all times, Company sick pay is at the absolute discretion
of the management of the Company and will depend upon your length of
service and appropriate medical evidence being produced. If your
Company sick pay has been used up for the relevant period and you are
sick, you will then be paid according to the SSP scheme.
The Company will not pay Company sick pay in the event of:
– Failure to follow the sickness/absence procedure specified above;
– Injuries resulting from participation in dangerous sports or hobbies;
– Work or ill- judged actions whilst ill;
– Injury caused while being engaged working for another employer;
– notified absence;
– repeated sickness/absence that immediately precedes, follows or
falls on a period of holiday, Bank Holiday, scheduled days off;
This list is not intended to be exhaustive and the Company’s decision will be
final.
If a period of sickness absence is or appears to be occasioned by actionable
negligence, nuisance or breach of any statutory duty on the part of a third
party, in respect of which damages are or may be recoverable, you must
immediately notify the Human Resources Department of that fact and of any
claim, compromise, settlement or judgment made or awarded in connection
with it and all relevant particulars that we may reasonably require. If we
require you to do so, you must cooperate in any related legal proceedings
and refund to us that part of any damages or compensation you recover
that relates to lost earnings for the period of sickness absence as we may
reasonably determine, less any costs you incurred in connection with the
recovery of such damages or compensation, provided that the amount to
be refunded to us shall not exceed the total amount we paid to you in
respect of the period of sickness absence.
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ACCIDENTS AT WORK
If you are unable to attend work as a result of an accident at work, and the
accident happened through no fault of your own, the Company may, at its
discretion, pay your normal salary for a maximum of 4 weeks provided that you
comply with the reporting provisions in the Reporting of Sickness/Absence
section of this handbook. It is essential that you advise your manager if you are
likely to be off work for more than 3 days because the Company has certain
reporting obligations in this case. Payments made in these circumstances are
paid without admission of any liability on the Company’s part and at the
absolute discretion of the Company. Appropriate medical evidence will be
required.
MEDICAL EXAMINATIONS
We reserve the right to require you to be examined by a Doctor nominated
by the Company at our expense to determine your fitness to work on general
or specific duties at any time, but especially on returning to work after
absence through sickness or injury. This is called an “Occupational Health
Assessment” and you are required to cooperate in this regard and that will
include attending medical appointments made for you. You agree that the
Doctor carrying out the examination may disclose to, or discuss with, the
Company and its medical advisors the results of the
examination on the basis that such disclosure is limited to matters which
could, in the Doctor’s opinion, affect the performance of your duties. When
the Company exercises its right of referral, your rights under the Access to
Medical Reports Act 1988 will be fully explained to you and your written
consent will be sought.
PERSONAL APPOINTMENTS
Personal appointments, including medical or dental appointments, should be
made outside working hours. Where this is not possible you must obtain your
Manager’s prior agreement to release you for the appointment before
confirming it. You will be expected to attend work before and after your
appointment where possible.
SICKNESS ABSENCE MEETINGS PROCEDURE
We may apply this procedure whenever we consider it necessary, including,
for example, if you:
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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.
Unless it is impractical to do so, we will give you 5 days' written 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.
The meeting will be conducted by a senior service manager a service
executive or a member of the human resources team. You may bring a
companion with you to the meeting (see below for further details).
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
immediately inform your senior service manager, service executive or human
resources department who will seek to agree an alternative time.
A meeting may be adjourned if your senior service manager, service
executive or human resources department is awaiting receipt of information,
needs to gather any further information or give consideration to matters
discussed at a previous meeting. You will be given a reasonable opportunity
to consider any new information obtained before the meeting is
reconvened.
Confirmation of any decision made at a meeting, the reasons for it, and of
the right of appeal will be given to you in writing within 7 days of a sickness
absence meeting (unless this time scale is not practicable, in which case it
will be provided as soon as is practicable).
If, at any time, your senior service manager, service executive or human
resources department considers that you have taken or are taking sickness
absence when you are not unwell, they may refer matters to be dealt with
under our Disciplinary Procedure.
RIGHT TO BE ACCOMPANIED AT MEETINGS
You may bring a companion to any meeting or appeal meeting under this
procedure.
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Your companion may be either a trade union representative or a fellow
employee. Their identity must be confirmed to the human resources
representative attending the meeting, in good time before it takes place.
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.
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.
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.
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
You have the right to be accompanied to this meeting. Further details of this
right are provided above.
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)
Depending on the matters discussed at the first stage of the sickness absence
procedure, a further meeting or meetings may be necessary. You have the
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right to be accompanied to this meeting. Further details of this right are
provided above.
The purposes of further meeting(s) may include:
a) Discussing the reasons for and impact of your on-going 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
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.
You have the right to be accompanied to this meeting. Further details of this
right are provided above.
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.
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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.
Termination will normally be with full notice or payment in lieu of notice.
Appeals
You may appeal against the outcome of any stage of this procedure and
you may bring a companion to an appeal meeting (see above for further
details).
j) An appeal should be made in writing, stating the full grounds of appeal, to
k) the Director of Human Resources within 7 days of the date on which
the decision was sent to you.
l) Unless it is not practicable, you will be given written notice of an
appeal meeting within one week of the meeting. In cases of dismissal
the appeal will be held as soon as possible. Any new matters raised in
an appeal may delay an appeal meeting if further investigation is
required.
m) You will be provided with written details of any new information which
comes to light before an appeal meeting. You will also be given a
reasonable opportunity to consider this information before the
meeting.
n) Where practicable, an appeal meeting will be conducted by a
manager senior to the individual who conducted the sickness absence
meeting.
o) Depending on the grounds of appeal, an appeal meeting may be a
complete rehearing of the matter or a review of the original decision.
p) Following an appeal the original decision may be confirmed, revoked
or replaced with a different decision. The final decision will be
confirmed in writing, if possible within 7 days of the appeal meeting.
There will be no further right of appeal.
q) 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.
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r) FREQUENT SICKNESS AND ABSENCE
s) Frequent spells of short term sickness are extremely disruptive. If your
health or personal circumstances are causing you to call in sick or
absent frequently, your Manager will call you to a meeting to discuss it
with you, usually with a Human Resources representative present. If you
feel you have a problem in your life or with your health that is regularly
affecting your ability to attend work, we will make a reasonable
attempt to help you or guide you.
t) If there is a pattern in your absence that leads us to the reasonable
belief that the absence is not necessary, such as consistent absence
directly before or after holidays, or consistent absence on a day
following regularly scheduled days off, the Company reserves the right
to treat your absence as a disciplinary issue.
MATERNITY LEAVE POLICY
This policy outlines the statutory rights and responsibilities of employees who
are pregnant or have recently given birth, and sets out the arrangements for
ante-natal care, pregnancy-related sickness, health and safety, and
maternity leave. The policy only applies to Shangri-La Hotel at the Shard
employees on UK terms and conditions and does not apply to agency
workers or the self-employed. No-one will be discriminated against or
subjected to detriment for taking leave in accordance with this policy.
This policy does not form part of any employee's contract of employment
and we may amend it at any time.
DEFINITIONS
The definitions in this paragraph apply in this policy.
Expected Week of Childbirth or EWC: 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.
ENTITLEMENT TO MATERNITY LEAVE
All employees are entitled to up to 52 weeks' maternity leave which is divided
into:
- Ordinary maternity leave of 26 weeks ("OML");
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- Additional maternity leave of a further 26 weeks immediately
following OML ("AML").
Please note that compulsory maternity leave which must be taken by law is 2
weeks from the date of birth of your child.
NOTIFICATION REQUIREMENTS
You must inform the Company of your pregnancy as soon as possible in order
that appropriate steps can be taken to ensure your health and safety.
Before the end of the qualifying week, or as soon as reasonably practicable,
you must inform your Human Resources department:
– that you are pregnant;
– the EWC (this may also be referred to as expected week of
confinement) by means of a medical certificate if we request it; and
– the date you intend to start your leave (the "Intended Start Date") (in
writing), which must be a date no earlier than the beginning of the 11th
week before the expected week of childbirth.
Further details regarding starting maternity leave are set out below.
You will also need to provide us with a maternity certificate (form MAT B1),
from your Doctor or a Registered Midwife, showing your EWC.
STARTING MATERNITY LEAVE
The earliest date you can start maternity leave is 11 weeks before the EWC
(unless your child is born prematurely before that date).
You must notify us of your Intended Start Date as set out above. 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").
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.
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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 EWC; or
c. the day after you give birth.
If you are absent for a pregnancy-related reason during the four weeks
before the EWC, you must let us know as soon as possible in writing. Maternity
leave will be triggered as per the above unless we agree to delay it. If you
give birth before your maternity leave was due to start, you must let us know
the date of the birth in writing as soon as possible.
Shortly 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.
You can later change your planned start date provided you again give us at
least 28 days notice before the new date.
STATUTORY MATERNITY PAY (SMP)
Most pregnant employees who take maternity leave because of pregnancy
or childbirth will be entitled to SMP as long as you:
a. have been continuously employed by the Company for at least 26
weeks at the end of the Qualifying Week and are still employed in
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.
If you are not eligible for any reason, we will tell you why not. If you are not
entitled to SMP you may still qualify to receive a Government maternity
allowance. Please speak to the Human Resources department who can assist
you with this.
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SMP is payable for a maximum of 39 consecutive weeks. The first 6 weeks will
usually be 90% of your normal earnings (higher rate SMP).
The remaining 33 weeks are paid at standard rate SMP. Standard rate SMP is
either the lesser of an amount set by Government or 90% of your normal
weekly earnings. The amount set by Government changes each year with
the budget and is likely to be less than your normal earnings. Your Human
Resources department can advise you what the standard rate of SMP is at
the time.
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.
You shall still be eligible for SMP if you leave employment for any reason after
the start of the Qualifying Week (for example, if you resign or are made
redundant). In such cases, if your maternity leave has not already begun,
SMP shall start to accrue in whichever is the later of:
a. the week following the week in which employment ends; or
b. the eleventh week before the Expected Week of Childbirth.
If you become eligible for a pay rise before the end of your maternity leave,
you will be treated for SMP purposes as if the pay rise had applied throughout
the Relevant Period. This means that your SMP will be recalculated and
increased retrospectively, or that you may qualify for SMP if you did not
previously qualify. We shall pay you a lump sum to make up the difference
between any SMP already paid and the amount payable by virtue of the
pay rise. Any future SMP payments at the Earnings-Related Rate (if any) will
also be increased as necessary
BENEFITS
All terms and conditions of your employment remain in force during OML and
AML, except for the terms relating to pay.
During your maternity leave you will continue to accrue paid holiday at your
normal rate of accrual dependant on your length of service.
If you are a member of the Company Pension Scheme or Government auto-
enrollment scheme, your membership continues throughout your leave and
the employers’ contributions are made as if you were working normally during
OML and AML. Your own contributions will be based on the maternity pay
which you receive during your maternity leave. Subject to the rules of the
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pension scheme, you will have the option of topping up any unpaid pension
contributions if you wish your benefits to be unaffected.
During ordinary and additional maternity leave you will continue to receive
all other contractual benefits except wages or salary or other remuneration.
TIME OFF FOR ANTE-NATAL CARE
You are entitled to paid time off for ante-natal care if your Doctor, Registered
Midwife or Registered Health Worker recommends this and you have made
an appointment. We may ask you to produce your appointment card
(except for your first appointment) and you will be expected to attend work
before and after your appointment where possible. You should try and give
us as much notice as possible of the appointment.
KEEPING IN TOUCH
Both you and the Company may make reasonable contact during the
period of your maternity leave. This may be to discuss your return to work,
important developments in your workplace, or any positions that become
available that you may be interested in hearing about. This will not affect the
period of your maternity leave.
You may also work for up to 10 days’ work under your contract of
employment, as long as both you and the Company agree to this and agree
on what will be done and how much you will be paid for it.
These days are known as ‘Keeping in Touch Days’, and may include
participation in training or any other activities which have the purpose of
keeping you in touch with your workplace. Your maternity leave will not be
affected by participation in a Keeping in Touch Day and will continue as
normal. You will also continue to receive any SMP due. You will not be asked
to participate in a Keeping in Touch Day during the two week period of your
compulsory maternity leave.
SICKNESS DURING PREGNANCY
Periods of pregnancy-related sickness absence shall be paid in accordance
with the Sickness Absence Policy in the same manner as any other sickness
absence. Any payment of sick pay in excess of your entitlement under this
policy as a result of pregnancy-related sickness shall be entirely at our
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discretion.
Periods of pregnancy-related sickness absence from the start of your
pregnancy until the end of your maternity leave will be recorded separately
from other sickness records and will be disregarded in any future
employment-related decisions.
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 DURING PREGNANCY
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. 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.
RETURNING TO WORK AFTER PREGNANCY
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.
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.
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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. 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.
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.
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. In any other
case, late return will be treated as unauthorised absence.
DECIDING NOT TO RETURN TO WORK AFTER MATERNITY
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.
PATERNITY POLICY
This policy outlines employees' entitlement to paternity leave and sets out the
arrangements for taking it. The policy only applies to Shangri-La Hotel at the
Shard employees on UK terms and conditions and does not apply to agency
workers or the self-employed. No-one will be discriminated against or
subjected to detriment for taking leave in accordance with this policy.
This policy does not form part of any employee's contract of employment
and we may amend it at any time.
DEFINITIONS
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
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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
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.
You are entitled to ordinary paternity leave (OPL) if you meet all 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. APL must be taken as multiples of complete weeks and as one
period. The minimum amount of APL that can be taken is two weeks
and the maximum is 26 weeks. APL must be taken in the period
beginning 20 weeks after the child's date of birth, or adoption
placement, and ending 12 months after that date of birth or
adoption.
NOTIFICATION (BIRTH)
If you wish to take OPL in relation to a child's birth, you must give us notice in
writing of your intention to do so and confirm:
a. The Expected Week of Childbirth;
b. Whether you intend to take one week's leave or two consecutive
weeks' leave; and
c. When you would like to start your leave. You can state that your
leave will start on:
(i) the day of the child's birth;
(ii) a day which is a specified number of days after the child's
birth; or
(iii) a specific date later than the first date of the Expected
Week of Childbirth.
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Such notice must be given by the end of the 15th week before the Expected
Week of Childbirth (or, if this is not possible, as soon as you can). We may
require a signed declaration from you that you are taking OPL for a purpose
for which it is intended; namely, to care for the child or to support the child's
mother in caring for the child.
If you wish to take APL in relation to a child's birth, you must provide us with
the following at least eight weeks before the date on which you would like to
start your leave:
a. A written "leave notice" stating:
(i) the Expected Week of Childbirth;
(ii) the child's date of birth; and
(iii) the dates on which you would like your APL to start and
finish.
b. A signed "employee declaration" confirming that:
(i) you are either the child's father or that you are the
spouse, Partner or civil partner of the child's mother;
(ii) apart from the child's mother, you have or expect to have
the main responsibility for the upbringing of the child; and
(iii) you wish to take APL in order to care for the child.
c. A written "mother declaration" from the child's mother stating:
(i) her name, address and National Insurance number;
(ii) the date she intends to return to work;
(iii) your relationship with the child;
(iv) that, to her knowledge, you are the only person exercising
an entitlement to APL in respect of the child; and
(v) that she consents to us processing the information she has
provided.
We will write to you to confirm the start and finish dates of your APL within 28
days of receiving your leave notice, your employee declaration and the
child's mother's declaration.
We may require you to provide a copy of the child's birth certificate and the
name and address of the mother's employer or, if she is self-employed, her
business address.
NOTIFICATION (ADOPTION)
If you wish to take OPL in relation to the adoption of a child, you must give us
notice in writing of your intention to do so and confirm:
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a. The date on which you and/or your spouse, civil partner or Partner
were notified of having been matched with the child, together with
the Expected Placement Date;
b. Whether you intend to take one week's leave or two consecutive
weeks' leave; and
c. When you would like to start your leave. You can state that your
leave will start on:
(i) the day on which the child is placed with you or the
adopter;
(ii) a day which is a specified number of days after the child's
placement; or
(iii) a specific date later than the Expected Placement Date.
Such notice must be given no more than seven days after you and/or your
spouse, civil partner or Partner were notified of having been matched with
the child (or, if this is not possible, as soon as you can).
We may require a signed declaration from you that you are taking OPL for a
purpose for which it is intended; namely, to care for the child or to support
your spouse, civil partner or Partner in caring for the child.
If you wish to take APL following a child's adoption, you must provide us with
the following at least eight weeks before the date on which you would like to
start your leave:
a. A written "leave notice" stating:
(i) the date on which you were notified that you had been
matched with the child;
(ii) the date on which the child was placed with you; and
(iii) the dates on which you would like your APL to start and
finish.
b. A signed "employee declaration" confirming that:
(i) you have been matched for adoption with the child;
(ii) you are either the spouse, Partner or civil partner of the
child's co-adopter; and
(iii) you wish to take APL in order to care for the child.
c. A written "adopter declaration" from the child's adopter stating:
(i) their name, address and National Insurance number;
(ii) the date they intend to return to work;
(iii) that you are their spouse, Partner or civil partner; and
(iv) that they consent to us processing the information they
39
have provided.
We will write to you to confirm the start and finish dates of your APL within 28
days of receiving your leave notice, your employee declaration and the
adopter's declaration.
We may require you to provide the following:
a. The name and address of the adopter's employer or, if they are self-
employed, their business address.
b. Documentary evidence issued by the adoption agency that
matched you with the child which confirms:
(i) the name and address of the adoption agency;
(ii) the date on which you were notified that you had been
matched with the child; and
(iii) the date on which the agency expected to place the
child with you.
CHANGING THE DATES OF OPL OR APL
Where you are to take OPL in respect of a child's birth, you can give us
written notice to vary the start date of your leave from that which you
originally specified. This notice should be given:
a. Where you wish to vary your leave to start on the day of the child's
birth, at least 28 days before the first day of the Expected Week of
Childbirth.
b. Where you wish to vary your leave to start a specified number of
days after the child's birth, at least 28 days (minus the specified
number of days) before the first day of the Expected Week of
Childbirth.
c. Where you wish to vary your leave to start on a specific date (or a
different date from that you originally specified), at least 28 days
before that date.
Where you are to take OPL in respect of a child's adoption, you can give us
written notice to vary the start date of your leave from that which you
originally specified. This notice should be given:
a. Where you wish to vary your leave to start on the day that the child
is placed with you or the adopter, at least 28 days before the
Expected Placement Date.
b. Where you wish to vary your leave to start a specified number of
days after the child's placement, at least 28 days (minus the
specified number of days) before the Expected Placement Date.
c. Where you wish to vary your leave to start on a specific date (or a
40
different date from that you originally specified), at least 28 days
before that date.
If you are unable to give us 28 days' written notice of the wish to vary the start
of your leave as set out above, you should give us written notice of the
change as soon as you can.
Where you are to take APL, following either the birth or adoption of a child,
you are entitled to give us written notice to cancel or vary the start and/or
finish dates that you previously notified to us. You need to do this:
a. At least six weeks before the date you originally told us was the date
on which you wanted to start your APL; or
b. If you want to start your APL earlier than that original start date, at
least six weeks before the date on which you now wish your APL to
start.
If you are unable to give six weeks' notice you should give us written notice of
your wishes as soon as possible. However, in these circumstances, if we are
unable to accommodate your request we may require you to take a period
of APL of up to six weeks starting on either your original or revised start date. If
you wish to discuss varying or cancelling your APL in these circumstances you
should speak to Human Resources.
STATUTORY PATERNITY PAY
In this paragraph, Relevant Period means:
a. In birth cases, the eight-week period ending with the 15th week
before the Expected Week of Childbirth.
b. In adoption cases, the eight-week period ending with the week in
which you or your spouse, civil partner or Partner were notified of
being matched with the child.
If you take OPL in accordance with this policy, you will be entitled to ordinary
statutory paternity pay (OSPP) if, during the Relevant Period, your average
weekly earnings are not less than the lower earnings limit set by the
government.
If you take APL in accordance with this policy, you may be entitled to
additional statutory paternity pay (ASPP). Whether and, if so, for how long you
may be entitled to ASPP will depend on:
a. Your average weekly earnings being not less than the lower
earnings limit set by the government during the Relevant Period;
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and
b. The child's mother or your co-adopter, as the case may be, having
returned to work with at least two weeks of their maternity
allowance, maternity pay or adoption pay period remaining. Your
entitlement to ASPP will equate to the number of weeks of
unexpired maternity allowance, maternity pay or adoption pay that
remained when the child's mother or your co-adopter returned to
work.
OSPP and ASPP are 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. For details of the current
prescribed rate, please contact the Human Resources Department.
TERMS AND CONDITIONS DURING OPL AND APL
All the terms and conditions of your employment remain in force during OPL
and APL, except for the terms relating to pay. In particular:
a. Benefits in kind, if applicable, shall continue;
b. Annual leave entitlement under your contract shall continue to
accrue; and
c. During OPL and APL we shall continue to make any employer
contributions that we usually make into a money-purchase pension
scheme, based on what your earnings would have been if you had
not been on paternity leave provided that you continue to make
contributions based on the paternity pay you are receiving. During
any unpaid APL we shall not make any payments into a money
purchase scheme. You do not have to make any contributions but
you may do so if you wish, or you may make up for missed
contributions at a later date.
During OPL and APL, annual leave will accrue at the rate provided under
your contract.
KEEPING IN TOUCH DURING APL
We may make reasonable contact with you from time to time during your
APL. You may work (including attending training) for up to ten days during
APL without bringing your paternity leave or your ASPP to an end. The
arrangements, including pay, would be set by agreement with your Manager
or the Human Resources Department. You are not obliged to undertake any
such work during paternity leave.
42
Shortly 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 on
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, that you may
have requested come into effect on your return).
RETURNING TO WORK
You are normally entitled to return to work following either OPL or APL to the
same position you held before commencing leave. Your terms of
employment will be the same as they would have been had you not been
absent. However, if you have combined your OPL or APL with a period of:
a. additional maternity leave;
b. additional adoption leave; or
c. parental leave of more than four weeks,
and it is not reasonably practicable for you to return to the same job, we will
offer you a suitable and appropriate alternative position.
If you wish to return early from APL, you must give us at least six weeks' prior
notice.
If you wish to postpone your return from APL, 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.
If you are unable to return to work from APL as expected due to sickness or
injury, this will be treated as sickness absence and our Sickness Absence
Policy will apply. In any other case, a late return will be treated as
unauthorised absence.
We will deal with any requests by employees to change their working
patterns (such as working part-time) after paternity leave on a case-by-case
basis. We will try to accommodate your wishes unless there is a justifiable
reason for refusal, bearing in mind the needs of the business. It is helpful if
requests are made as early as possible.
43
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 submit
your resignation in accordance with your contract. Once you have done so
you will be unable to change your mind without our agreement. This does not
affect your right to receive SPP.
ADOPTION LEAVE
This policy outlines the statutory rights and responsibilities of employees who
adopt, and sets out the arrangements for adoption leave. It only applies to
Shangri-La Hotel at the Shard employees on UK terms and conditions and
does not apply to agency workers or the self-employed.
This policy does not form part of any employee's contract of employment
and it may be amended at any time.
DEFINITIONS
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
Additional Adoption Leave (AAL): a further period of up to 26 weeks' leave
immediately following OAL.
ENTITLEMENT TO ADOPTION LEAVE
Adoption leave is only available if you are adopting through a UK or overseas
adoption agency. It is not available if there is no agency involved, for
example, if you are formally adopting a stepchild or other relative.
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.
44
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
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).
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.
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:
You must have received notification that the adoption has been approved
by the relevant UK authority (Official Notification).
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.
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).
You must also give us at least 28 days' notice in writing of your Intended Start
45
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.
You must also notify us of the date the child arrives in Great Britain within 28
days of that date.
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
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.
You must notify us of your Intended Start Date as set out above. 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).
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.
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.
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.
STATUTORY ADOPTION PAY
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 as set out above.
46
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.
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.
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:
a. 14 days before the Expected Placement Date; or
b. the day after your employment ends,
whichever is the later.
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
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, if applicable, shall continue;
b. annual leave entitlement under your contract shall continue to
accrue; and
c. pension benefits shall continue and during OAL and any further
period of paid adoption leave we shall continue to make any
employer contributions that we usually make into a money-
purchase pension scheme, based on what your earnings would
have been if you had not been on adoption leave provided that
you continue to make contributions based on the adoption pay you
are receiving. During unpaid AAL we shall not make any payments
into a money purchase scheme. You do not have to make any
47
contributions but you may do so if you wish, or you may make up for
missed contributions at a later date.
DISRUPTED ADOPTION
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 the child dies
after placement.
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 DURING ADOPTION LEAVE
We may make reasonable contact with you from time to time during your
adoption leave.
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 manager.
Shortly 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
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.
We will expect you back at work on your Expected Return Date unless you tell
48
us otherwise. 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
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.
If you do not give enough notice, we may postpone your return date until
four weeks (or eight weeks as appropriate) after you gave notice, or to the
Expected Return Date if sooner.
RETURNING LATE
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.
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.
In any other case, late return will be treated as unauthorised absence.
DECIDING NOT TO RETURN
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.
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 SAP.
49
YOUR RIGHTS WHEN YOU RETURN
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 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.
SHARED PARENTAL LEAVE
This policy outlines the statutory rights and responsibilities of employees who
wish to share the parental leave, and sets out the arrangements for shared
parental leave. It only applies to Shangri-La Hotel at the Shard employees
on UK terms and conditions and does not apply to agency workers or the
self-employed.
This policy does not form part of any employee's contract of employment
and it may be amended at any time.
KEY POINTS
You and your partner may be able to get Shared Parental Leave (SPL) and Statutory
Shared Parental Pay (ShPP) if you’re having a baby or adopting a child.
You can share up to 50 weeks of leave and up to 37 weeks of pay between you.
You need to share the pay and leave in the first year after your child is born or
placed with your family.
You can use SPL to take leave in blocks separated by periods of work, or take it
all in one go. You can also choose to be off work together or to stagger the leave
and pay.
To get SPL and ShPP, you and your partner need to:
• meet the eligibility criteria - there’s different criteria for birth parents and adoptive
parents
• give notice to your employers
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