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Worker Handbook

Worker Handbook

Introduction 3
General Information 3
IT and Communications 6
Social Media 8
Holidays 8
Sickness 9
Other Time Off 10
Data Protection 10
Equality, Inclusion and Diversity 21
Personal Harassment Policy and Complaints Procedure 23
Public Interest Disclosure (Whistleblowing) 24
Standards of Behaviour 26
Standards of Performance 27
Complaints 28
 
 
Introduction 
This Handbook contains information, rules, policies and procedures concerning your engagement and should be read in conjunction with your Agency Worker Agreement (“Agreement”) which should have been provided to you. Additional, new or revised rules, policies and procedures may be issued at any time separate to this Handbook and it is your responsibility to observe and adhere to these.
Unless contained within your Agreement or stated otherwise, the content of this Handbook is non contractual in its nature and may be varied from time to time without reference to you.
If you have any queries or have not been provided with an Agreement for any reason, you should have no hesitation in raising this matter.
 
 
General Information
Working Hours
Your normal hours of work are set out in your Agreement. You must ensure that you attend punctually for work and follow all timekeeping and absence procedures. You may be required to work additional hours from time to time.
If you are going to be late you need to follow the reporting procedure.
Persistent lateness, and/or unauthorised absence may result in the termination of your assignment and no further work being offered to you.
Health and Safety
If you become aware of any potential hazard or unsafe working conditions, you should have no hesitation raising them.
You are required to take all reasonable steps to safeguard your health and safety, and that of any other person who may be affected by your actions, and to observe at all times published health, safety and fire rules and procedures in your place of work. All accidents must be reported and recorded as instructed.
Smoking
You have the right to work in a smoke-free environment.
Smoking, including the use of electronic cigarettes (e-cigarettes) or electronic nicotine delivery systems (ENDS), is prohibited in your workplace.
The rules and policy on smoking will vary depending on your place of work and you will be advised what, if any, arrangements are in place for any form of smoking, and where designated smoking areas can be located.
Failure to adhere to the rules may result in the termination of your assignment and no further work being offered to you.
You should be aware that enforcement authorities can issue penalties and fines if you are found guilty of smoking in a smoke-free place. You will be personally liable for any fine or fixed penalty imposed for non-compliance.
 
 
CCTV
It is brought to your attention that your place of work may operate CCTV for security and monitoring purposes.
The footage may be viewed and monitored for work-related purposes.
Pay and Review
How and when we pay you is set out in your Agreement. You will be given an itemised pay statement each time you are paid. We will notify you if there is to be any change in your pay.
In accordance with our legal obligations we undertake to ensure you are paid irrespective of whether or not payment is received by the hirer.
On termination of engagement, your final payment may be made in a different form to that stated in your Agreement.
Permission to Work in the UK
Where you have a time limit on your right to work in the UK we will repeat document checks as and when required by law.
If you have a current or pending application or appeal you must:
• Keep us up to date with any current or pending immigration application or appeal.
• Provide us with copies of correspondence from the Home Office relating to applications or appeals such as acknowledgement letters or invitations for biometric scanning.
• Provide a copy of your Biometric Residence Permit and Residence Card or other such document provided.
Personal Details
At the start of your Agreement with us you will have provided us with various personal details. You must tell us immediately of any change, e.g. name, address, telephone number, next of kin, bank details etc.
It is in your interest to notify us of any such changes. We will not be responsible for any issues arising out of your failure to notify us.
Personal Property
We do not accept liability for any loss of, or damage to, property brought onto our or that of our client’s premises. You are requested not to bring personal items of value with you to work and, in particular, not to leave any items overnight.
Personal Mobiles
You should not use your mobile phone during working hours. Under normal circumstances personal phones must be set to silent or turned off.
If the rules on mobile phone use are different in your place of work those will take precedence.
Unauthorised use of a personal mobile phone during working hours may result in the termination of your assignment and no further work being offered to you.
 
 
Confidentiality
You must not disclose any secrets or other information of a confidential nature relating to us, our business or our clients, or in respect of any obligation of confidence which we owe to any third party, during or after your appointment, except in the proper course of your engagement or as required by law.
Any documents or tangible items which belong to us or our clients or which contain any confidential information must not be removed from your place of work at any time without proper authorisation, and must be returned to us upon request and, in any event, upon the termination of your engagement.
If requested, all confidential information, other documents and tangible items which contain or refer to any confidential information, and which are in your possession or under your control, must be deleted or destroyed.
Wastage
We maintain a policy of “minimum waste” which is essential to the cost-effective and efficient running of our Company.
You are able to promote this policy by taking extra care during your normal duties by avoiding unnecessary or extravagant use of services, time, energy, etc. The following points are illustrations of this:
a) handle machines, equipment and stock with care;
b) turn off any unnecessary lighting and heating. Keep doors closed whenever possible;
c) ask for other work if your job has come to a standstill; and
d) start with the minimum of delay after arriving for work and after breaks. In addition:
a) any damage to vehicles, stock or property belonging to the Company or to that of customers/clients, other workers, employees or the general public that is the result of your carelessness, negligence or deliberate vandalism will render you liable to pay the full or part of the cost of repair or replacement; and
b) any loss to us that is the result of your failure to observe rules, procedures or instruction, or is as a result of your negligent behaviour or your unsatisfactory standards of work will render you liable to reimburse to us the full or part of the cost of the loss.
In the event of failure to pay, we have the contractual right to deduct such costs from your pay.
 
 
Standards of Dress
It is important that you present a professional image having regard to appearance and
standards of dress. It is a requirement of the Company that you wear clothes and footwear that are appropriate for the work that you perform and which present a neat, clean and professional appearance.
Alcohol and Drugs Policy
The Company is fully committed to meeting its responsibilities under the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 and any other associated legislation. It is strictly forbidden to use, possess, or sell illegal drugs or other controlled substances, or to consume alcohol whilst at work. Such offences may result in the termination of your engagement.
Right of Search
Searches may be carried out if there are reasonable grounds for suspecting that you or another individual may have committed a criminal offence or any serious breach of contract.
With consent, you, your locker, work station and drawers, any vehicle used in the course of your work, your property or the contents of parcels entering or leaving the premises may be searched.
Your assignment may be terminated and no further work offered to you if you are found with property that does not belong to you, and for which you cannot satisfactorily account.
Personal Searches
Searches will be of outer clothing only and will be carried out in private.
Searches will be conducted in the presence of at least one witness chosen by you and the person requiring the search.
You can refuse to give consent. However, an unreasonable refusal to consent when requested may be viewed as misconduct and may result in the termination of your assignment and no further work being offered to you.
If you refuse to be searched you will be required to remain at your place of work whilst awaiting the Police.
 
 
IT and Communications
The Company reserves the right to access and monitor the use of all Company owned digital devices, including monitoring internet, telephone and e-mail use. The Company also monitors access to its networks via private devices.
You must take the appropriate steps to guard against unauthorised access to, alteration, accidental loss, disclosure or destruction of data.

Under no circumstances should you divulge your password to anyone else nor should you gain access or attempt to gain access to information stored electronically which is beyond the scope of your authorised access level.

You are responsible for any activity which occurs within your accounts.
Failure to comply with any aspect of this procedure may result in the termination of your engagement.
Personal use of computer and telephone systems is not permitted. Personal telephone calls may be accepted in exceptional circumstances with the agreement of your Line Manager.
Storage of personal files/images/software/Apps on the Company network or devices is not permitted.
You must not use the Company internet connections or devices to access content that is illegal, pornographic, or supports hate and/or discrimination.

You must not send communications via any Company or personal device that could be deemed to be offensive.

The use of any device to photograph or film fellow workers or employees, customers, clients, visitors, or any member of the public without their consent may breach an individual’s right to privacy and could in certain circumstances constitute harassment.
This policy should be read in conjunction with all other Company policies and rules, including policies on equality and positive work environment.

As with other written communication, Email is a legally binding method of communication, other forms of communication via the internet may also be legally binding. All forms of communication whether verbal or written represent the Company and should therefore meet the standard and style expected of all communications.

Because of potential virus infection and consequent damage to the business, you must not download or load any software into any computer via any source, including memory sticks, flash drives, pen drives, any portable memory devices, or mobile phones without the prior approval of management. Approval will only be given after virus checking.
Downloading free software or Apps is permitted where there is a valid business reason and the software or App is considered to be from a reputable source.
You must not make ‘pirate’ copies of Company owned software for use by other persons either inside or outside the Company. This not only breaks Company rules, it is an illegal practice.

 

Monitoring
You should be aware that the Company may monitor, intercept or record all communications received or made via the Company’s telephone system or any other system including e-mail and internet usage. A copy of the relevant procedure which provides guidance as to what is acceptable computer/telephone usage will be made available to you. If you wish to make a call that cannot be monitored, you should discuss this with management. Monitoring may be conducted by any member of management but will be for work-related purposes only.

 

Social Media
We recognise that some of you will have personal social media accounts. Such accounts must only be used to express personal views.
You must not make any comments or engage in discussions which could adversely affect us or our reputation, or that of our clients. You must not breach discrimination legislation or harass or bully another worker, employee or individual engaged by the Company or the client or damage working relationships between fellow workers and employees.
You must not share any confidential or sensitive information on social networks.
Any information posted on the internet may result in the termination of your assignment and no further work being offered to you if it breaches this policy or any other expected levels of conduct. This includes posts on a personal account with inappropriate privacy settings, posts made outside of working hours, and those posts made not using our computers or equipment. You may also be required to remove content created or shared by you if we consider such posts to be a breach of this policy.

 

Holidays
Your Annual Entitlement
Statutory leave is 28 days per year for workers working five days a week. If you work shorter hours, holiday is calculated on a pro rata basis depending on how many days or hours you work. (The daily amount you will be paid for the annual leave is calculated by using the average gross pay (including overtime pay) over the past 52 weeks (or actual number of weeks worked if less than 52).
Your annual leave entitlement is also detailed in your Agreement.
Holiday Requests
You need prior approval and authorisation to take holidays. We will respond as soon as possible to your request however we cannot accept responsibility for monies lost as a consequence of your failure to follow this procedure.
Requests for holidays should be submitted to Emma Lacey with at least 1 weeks’ notice for single days and up to 4 days of holiday. For 5 days holiday or more, 4 weeks’ notice should be provided.
Holidays will be granted on the basis of first request, first granted where too many individuals require the same holiday period.
Holiday Timings
Depending on your assignment, you may be required to reserve any holiday entitlement to be taken in accordance with our client’s requirements.
If you have insufficient holiday to do this your assignment will end at the commencement of
the client’s holiday period. Your assignment may recommence after the holiday period.
Additional Information
Unused holiday entitlement cannot be carried forward into the next holiday year.
Should you fall sick prior to or during pre-booked annual holidays there is no entitlement to take those holidays on another occasion unless the Sickness Notification Procedure has been followed and a Statement of Fitness for Work or a medical certificate is provided.

 

Sickness
Notification Procedure
You must follow the procedure in your Agreement for absence reporting.
You must provide the appropriate documents as referred to below at the relevant times, and complete any absence recording documentation as required on your return to work.
Please note that personal contact is required at all times when contacting us. The sending of text messages or email will not be accepted as notification.
If you don’t notify us as set out above or fail to notify us at all, this may result in the termination of your assignment and no further work being offered to you.
If you have been absent due to sickness and are found not to have been genuinely ill, this may result in the termination of your assignment and no further work being offered to you.
Sickness Absence
When you are absent you must provide us with evidence for the reason you are not at work.
You should forward the relevant documents and any correspondence to us as soon as possible. Failure to do so may result in any sick pay due being delayed or withheld, and may result in the termination of your assignment and no further work being offered to you.
Where your GP/Medical advisor has issued a Statement of Fitness for Work indicating you may be fit for some work, you must notify us at the earliest opportunity so that a return to work may be considered.
We reserve the right to require you to undertake a medical examination by a medical practitioner and/or specialist of our choice, and/or to seek a report from your doctor.
Where we wish to seek a report from your doctor, you have rights under legislation. A summary of these rights will be given to you on request.

 

Payments for Sickness Absence

Where you are entitled to additional payments above SSP the following will apply: All payments made include SSP.

As with SSP, the notification procedure must be followed in order to qualify for payment.
We reserve the right at our discretion to withdraw or amend this benefit if your absence, is excessive.

Where payable, sickness or industrial injury benefit must be claimed from the appropriate government agency and any benefit received must be notified to us. The amount of such benefits will be deducted from the above payments.

If you are absent from work due to injury or illness caused by a third party, any sickness payments made by us will be classed as a loan. This will be repayable by you if compensation for loss of earnings is recovered from the third party.
Return to Work Interviews
We or our client may complete a return-to-work interview with you after any sickness absence. This will ensure that you are fit for work and whether you anticipate any further absence relating to your illness. This will also give you an opportunity to discuss any concerns you may have regarding your illness with us.

 

Other Time Off

Appointments
Whilst on assignment you should ensure that wherever possible appointments to visit the doctor, dentist, hospital, etc. are made in your own time and outside normal working hours. In the event that this is not possible, time off work may be permitted to attend such appointments, providing the timing of the appointment causes as little disruption as possible, i.e. at the beginning or end of the working day.
We may ask you to show us an appointment card or letter to support your request. You will not however be paid for this time off.
Bereavement Leave
In the event of the death or funeral of a relative, civil partner or close friend whilst on assignment, you may be granted appropriate time off work at our discretion after careful and sympathetic consideration has been given to the circumstances surrounding the bereavement.

 

Pregnancy and Maternity Rights
You have certain statutory rights if you are pregnant. These are addressed below.
The rules on pregnancy and maternity are very complex and any query should be raised with the Company.
Antenatal Care
You are entitled to reasonable time off work with pay to attend antenatal appointments made on the advice of a registered medical practitioner, registered midwife or registered health worker. If requested, you must provide a certificate of pregnancy and an appointment card.

 

Maternity Risk Assessment
The Management of Health and Safety at Work Regulations 1999 (MHSWR) require employers to carry out suitable and sufficient risk assessments when considering the health and safety of all employees at work, and then to take steps to ensure that those risks are avoided. However, there are more specific regulations that need to be taken into account for new or expectant mothers.
The purpose of an initial assessment is to identify:
• the presence of any females of potential child-bearing age (these females will usually be employees but may also be visitors, contractors (e.g. cleaners) or volunteers);
• which work activities and/or areas of the workplace may pose a risk of harm to female employees and therefore warrant a full risk assessment.
These activities, and any actions taken, should be recorded.
Employers are only required to take action specifically to protect a pregnant worker when they have been advised in writing that the employee is pregnant, has given birth in the last six months, or is breastfeeding.

 

Maternity Leave
If you stop work no earlier than the 11th week before the Expected Week of Childbirth (EWC), and you meet the following conditions, you are entitled to 52 weeks’ Maternity Leave. To comply, you must notify the Company in writing as soon as possible or by the 15th week before the EWC, unless that is not reasonably practicable, of the following:
• that you are pregnant, by submitting a MAT B1 form;
• the EWC;
• the date on which you intend your Ordinary Maternity Leave (OML) to start, and;

• if requested, provide medical evidence of the EWC.

The Company will confirm to you in writing the date upon which your 52-week Maternity Leave period will end.

You are legally prohibited from working during the two weeks immediately after the birth or for four weeks if you are a factory worker. This is known as the Compulsory Maternity Leave period and is considered part of the Maternity Leave period.

If you give birth before your intended Maternity Leave start date, your Maternity Leave will start automatically on the day after the birth of the child.
During the 52 week Maternity Leave period all contractual benefits except for your pay will be maintained as if you were not absent.

If you wish to return to work before the end of the 52-week period of Maternity Leave you must give at least 8 weeks’ notice of your intended date of return.

If you decide to return to work early, and this is at the end of the first 26-week period known as Ordinary Maternity Leave (OML), you are entitled to return to the job you were in before your absence. If you return to work either during or at the end of the second period of 26 weeks’ known as Additional Maternity Leave (AML), you may be able to return to your original job, or another job which is suitable and appropriate.

The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.

Keeping in Touch (KIT) Days
During Maternity Leave, you are entitled to up to 10 Keeping in Touch (KIT) Days. These are days when you may work for the Company without bringing your Maternity Leave to an end. Work can be any work under your contract of employment and may include any training or activity undertaken with the purpose of keeping in touch in the workplace. Working up to 10 KIT days will have no effect on any entitlement to Statutory Maternity Pay. KIT days do not act to extend your period of Maternity Leave.
Any payment for these days will depend on the type of work, training or activity and will be agreed between you and the Company. For further details please refer to management.

 

Holidays
Holiday entitlement will be accrued throughout your maternity leave at your normal rate. If you return to work after Maternity Leave, your holiday entitlement will continue to accrue as normal.
Annual leave can be taken either before Maternity Leave starts, at the end of your Maternity Leave, or within the annual leave year once you have returned to work, wherever possible. You must have prior approval and authorisation for when these holidays can be taken.

 

Statutory Maternity Pay (SMP)
You will receive Statutory Maternity Pay (SMP) during your Maternity Leave in accordance with the statutory provisions, provided you meet the qualifying criteria. You must therefore:
• have been continuously employed for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth (EWC);
• have average weekly earnings of not less than the figure set by the Government for the payment of National Insurance contributions;
• still be pregnant at the 11th week before the EWC or have given birth by that time;
• give at least 28 days’ notice in writing of the date that you intend to start your maternity leave;
• provide medical evidence of the EWC.
For the first six weeks SMP is payable at the earnings-related rate, equivalent to 90% of earnings, and for the remaining 33 weeks of the pay period at the statutory rate as set by the Government, or 90% of average weekly earnings if this is less than the standard rate. The final 13 weeks of the maximum Maternity Leave period are unpaid.

 

Paternity Leave and Pay
Right to Time Off to Accompany a Pregnant Woman
If you have a qualifying relationship with an expectant mother or her expected child, you may be entitled to unpaid time off to accompany her to an antenatal appointment on up to 2 occasions, to a maximum of 6.5 hours per appointment.
Time off to accompany a pregnant woman to an antenatal appointment will be unpaid. The Company may allow additional time off work to attend further appointments at its absolute discretion. You will not receive payment for this time off.
For further details on this entitlement please refer to management.

 

Paternity Leave
If you are eligible, you may be entitled to choose to take either one week or two consecutive weeks’ Paternity Leave, not odd days, if you:
• have been continuously employed for at least 26 weeks by the 15th week before the Expected Week of Childbirth (EWC) or by the week in which an approved adoption agency matches you with a child;
• have given notice of your intention to take the leave in or before the 15th week before the EWC specifying the EWC, length of period you have chosen to take and the date you have chosen the leave to begin, and;
• take the leave within 56 days of the birth, or the date on which the child is placed for adoption, or if the child is born early, within a period from the actual date of birth up to 56 days of the first day of the EWC.
Statutory Paternity Pay (SPP)
You will receive Statutory Paternity Pay (SPP) if you meet the qualifying criteria. You must:
• have been continuously employed for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth (EWC);
• still be employed by us up to the date of the birth;
• have average weekly earnings of not less than the figure set by the Government for the payment of National Insurance contributions; and,
• have met the notification requirements set out above in relation to taking Paternity Leave.
You will be paid for this leave at the current statutory rate.
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.

 

Adoption Leave and Pay
Adoption Appointments
If you have been notified by an approved adoption agency that a child is being or is expected to be placed with you for adoption, you may take paid time off work to attend up to 5 adoption appointments arranged or requested by the agency ahead of the placement of the child.
If you are jointly adopting a child, the primary/main adopter (i.e. the employee electing to take Adoption Leave) may take paid time off work to attend up to 5 appointments and the secondary adopter may take unpaid time off work to attend up to 2 appointments.
If you are the secondary adopter, you will not receive payment for this time off.
The purpose of the appointment must be to have contact with the child or for any other purpose connected to the adoption.
The maximum time off work permitted per appointment is 6.5 hours.
The Company may allow additional time off work to attend further appointments at its absolute discretion. You will not receive payment for this time off.
If requested, you must provide a declaration confirming the appointment is in connection with the adoption, has been arranged or requested by the adoption agency, and an appointment card.

 

Adoption Leave
If you are adopting a child and you meet certain qualifying conditions you have the right to take 52 weeks’ Adoption Leave.
Employees may be eligible for Adoption Leave if they:
• have been notified by an approved adoption agency that they have been matched with a child and have confirmed the placement with the agency; or,
• are or expect to be the parent of a child under a parental order; or,
• are local authority parents who are prospective adopters.
You must notify the Company of your intention to take Adoption Leave within 7 days of being notified that you have been matched with a child for adoption. Your notification should include the date on which the child is expected to be placed with you for adoption, when you wish your adoption leave to start and how much leave you wish to take. You may be asked to provide documentary evidence of the match from the adoption agency.

You may commence your Adoption Leave from the date of the placement of the child or at any time within 14 days prior to the placement. You can change the start date by giving 28 days’ notice prior to the original commencement date. Adoption Leave cannot start after the date on which the child is placed with you for adoption.

The qualifying conditions are slightly different if you are adopting a child from abroad. If you are considering adopting a child from abroad please seek further information from the Director.
During the 52 week Adoption Leave period all contractual benefits except for your pay will be maintained as if you were not absent.

If you wish to return to work before the end of the 52 week period of Adoption Leave you must give at least 8 weeks’ notice of your intended date of return.

If you decide to return to work early and this is at the end of the first 26 week period known as Ordinary Adoption Leave you are entitled to return to the job you were in before your absence. If you return to work either during or at the end of the second period of 26 weeks known as Additional Adoption Leave, you may be able to return to your original job, or another job which is suitable and appropriate.
Keeping in Touch (KIT) Days
During Adoption Leave, you are entitled to up to 10 Keeping in Touch (KIT) Days. These are days when you may work for the Company without bringing your Adoption Leave to an end. Work can be any work under your contract of employment and may include any training or activity undertaken with the purpose of keeping in touch in the workplace. Working up to 10 KIT days will have no effect on any entitlement to Statutory Adoption Pay. KIT days do not act to extend your period of Adoption Leave.
Any payment for these days will depend on the type of work, training or activity and will be agreed between you and the Company. For further details please refer to management.

 

Statutory Adoption Pay (SAP)
You will receive Statutory Adoption Pay (SAP) during your Adoption Leave in accordance with the statutory provisions provided you meet the qualifying criteria. You must therefore:
• have been continuously employed for at least 26 weeks ending with the date you are matched with a child;
• have average weekly earnings of not less than the figure set by the Government for the payment of National Insurance contributions;
• have met the notification requirements set out above in relation to taking Adoption Leave;
• have provided the Company with evidence of the adoption.
SAP is payable for up to 39 weeks. For the first six weeks SAP is payable at the earnings related rate, equivalent to 90% of earnings, and for the remaining 33 weeks at the statutory rate as set by the Government, or 90% of average weekly earnings if this is less than the standard rate. The final 13 weeks of the maximum Adoption Leave period are unpaid.
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.

 

Shared Parental Leave and Pay
You and your spouse, partner or child’s other parent may be eligible to share up to 50 weeks’ Shared Parental Leave (SPL) provided you both meet certain eligibility criteria.
SPL allows working parents to take up to 50 weeks’ leave between them in order to care for their child. They may take leave at the same or different times, once the mother or primary adopter has notified their employer of their intention to end their Maternity or Adoption Leave period.
Leave can be taken in a continuous block or over a number of discontinuous periods.
You may also be eligible to receive Shared Parental Pay for the remainder of the Maternity or Adoption pay period to a maximum of 37 weeks provided you meet the qualifying criteria.
The rules on Shared Parental Leave are very complex. If you are considering requesting Shared Parental Leave you should discuss this with the Director in order for the rules on eligibility, notification and your entitlements to be discussed in more detail.
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.

 

Shared Parental Leave in Touch (SPLIT) days

During Shared Parental Leave, you are entitled to up to 20 Shared Parental Leave in Touch (SPLIT) days. These are days when you may work for the Company without bringing your Shared Parental Leave to an end. Work can be any work under your contract of employment and may include any training or activity undertaken with the purpose of keeping in touch in the workplace. Working up to 20 SPLIT days will have no effect on any entitlement to Statutory Shared Parental Pay. SPLIT days do not act to extend your period of Shared Parental Leave.

Any payment for these days will depend on the type of work, training or activity and will be agreed between you and the Company. For further details please refer to management.

 

Parental Leave and Pay
If you are the parent or adoptive parent of a child or have or expect to have parental responsibility for a child, provided you have 1 year’s continuous service with the Company, you are entitled to take up to 18 weeks’ unpaid Ordinary Parental Leave for the purpose of caring for a child, up to the child’s 18th birthday.

Leave must be taken in a minimum of 1 week blocks, except for where a child is disabled, then leave may be taken as single days or multiples of 1 day. Parental Leave is limited to a maximum of 4 weeks in any year for each child.

At least 21 days’ notice must be provided and leave may be postponed apart from leave taken immediately after the birth or adoption, depending on the needs of the Company.
The above information is given for guidance purposes only and confers no extra rights to you beyond those provided by statute.

 

Parental Bereavement Leave
Introduction

The purpose of this policy is to set out the Company’s stance on employee entitlements to Parental Bereavement Leave. The Company acknowledges that the death of a child, or a stillbirth, can be one of the most harrowing experiences of someone’s life. This policy explains the rights to time off, pay during time off and other support offered.

Eligibility
Parental Bereavement Leave is available from day one of employment. It is available to employees on the death of a child under the age of 18. You may take Parental Bereavement Leave if you fall into any one of the following categories:
• a ‘natural’ parent;
• an adoptive parent, and those with whom a child has been placed under the ‘foster to adopt’ scheme, provided the placement is ongoing;
• a ‘natural’ parent where the child has been adopted but a Court Order exists to allow the ‘natural’ parent to have contact with the child;
• an employee who is living with a child who has entered Great Britain from overseas in relation to whom has received official notification that they are eligible to adopt;
• an intended parent under a surrogacy arrangement where it was expected that a parental order would be made;
• a ‘parent in fact’, which is someone in whose home the child has been living for a period of at least four weeks before the death and has had day to day responsibility for the child, subject to exceptions. This category includes guardians and foster parents but does not include paid carers;
• the partner of anyone who falls into the above categories, where they live in an enduring family relationship with the child and their parent.

In addition, parents who suffer a stillbirth after 24 weeks of pregnancy are entitled to take parental bereavement leave.

Taking Leave
A total of two weeks may be taken as Parental Bereavement Leave and you may choose to take leave as:
• a single block of one week;
• a single block of two weeks;
• two separate blocks of one week.
Leave may start on any day of the week and must be taken in whole weeks. It may be taken at any time in the 56 week period following the death.
If you have suffered a stillbirth after 24 weeks of pregnancy, you are still entitled to take your full entitlement to Maternity and Paternity Leave, provided you were eligible to take Maternity or Paternity Leave in the first place, in addition to Parental Bereavement Leave.
Parental Bereavement Leave cannot be taken at the same time as Maternity or Paternity Leave.
Where more than one child dies or is stillborn, you are entitled to two weeks of Parental Bereavement Leave in relation to each child.

 

Notification Requirements
Leave to be taken within the first 56 days of the death
You do not need to give any advance notice of taking Parental Bereavement Leave. The Company asks that you contact your manager by telephone the time you were due to start work on the day you wish leave to begin, or if this is not possible, as soon as is reasonably practicable, giving the date of the death, the date on which leave will start and whether one or two weeks is to be taken.
Leave to be taken later than the first 56 days since the death
You need to give one week’s advance notice of taking Parental Bereavement Leave to your manager by telephone giving the date of the death, the date on which leave will start and whether one or two weeks is to be taken.

 

Cancelling or Changes to Dates of Leave
You can cancel a period of leave that you have already told us about, as long as the period of leave has not already started. If you wish to cancel a period of leave which was to begin within the first 56 days of the death, you can cancel it by letting us know by your normal start time on the day that leave was originally due to start.

To cancel leave which was to begin later than 56 days after the death, you should let us know no later than one week prior to the intended start date.

You can also change the start date of leave by following the notice requirements above.
Payment during Leave
You will qualify for Statutory Parental Bereavement Pay during leave if you meet the following criteria:
• you have been continuously employed with us for at least 26 weeks by the week prior to the week in which the child dies;
• your normal average weekly earnings are not less than the lower earnings limit relevant for national insurance purposes;
• you are still employed by us on the date the child dies.

Payment will be made at the rate set by the Government each year or 90% of your average weekly earnings (whichever is lower).

In order to receive Statutory Parental Bereavement Pay, you must provide us with notice of this and the following information within 28 days, or as soon as is reasonably practicable, of the first day of parental bereavement leave:
• the child’s name;
• the date of the death or stillbirth;
• a declaration that you fall into the one of the categories listed under ‘Eligibility’ above.
Term and Conditions during Leave
During Parental Bereavement Leave, you remain entitled to receive your normal contractual terms and conditions of employment that you would have received had you not taken this leave, with the exception of remuneration. This will include contractual benefits, subject to the terms of these benefits.

 

Right to Return
Upon your return to work, you are entitled to return to the same job, with the same terms and conditions, in which you were employed before your absence unless:
• the period of leave you have taken is more than 26 weeks when added to any other period of statutory leave including Maternity, Paternity, Adoption Leave etc. in relation to the same child; and,

• it is not reasonably practicable for you to return to the same job.

On your first day back to work, your manager will set time aside to hold an informal meeting with you to discuss any arrangements regarding your return to work and any additional support we may be able to offer you.
Employee Assistance Programme
We would like to remind you that you have access to a 24 hour telephone counselling service and we would like to encourage you to use it if you feel like you would like to talk to someone about your loss.

 

Data Protection
The Company is fully committed to compliance with the requirements of the Data Protection Act 2018 and all other data protection legislation currently in force. The Regulation applies to anyone processing personal data and sets out principles which should be followed and gives rights to those whose data is being processed.
To this end, the Company endorses fully and adheres to the Data Protection Principles listed below. When processing data we will ensure that it is:
• processed lawfully, fairly and in a transparent way (‘lawfulness, fairness and transparency’)
• processed no further than the legitimate purposes for which that data was collected (‘purpose limitation’)
• limited to what is necessary in relation to the purpose (‘data minimisation’)
• accurate and kept up to date (‘accuracy’)
• kept in a form which permits identification of the data subject for no longer than is necessary (‘storage limitation’)
• processed in a manner that ensures security of that personal data (‘integrity and confidentiality’)
• processed by a controller who can demonstrate compliance with the principles (‘accountability’)
These rights must be observed at all times when processing or using personal information. Therefore, through appropriate management and strict application of criteria and controls, the Company will:
• observe fully the conditions regarding having a lawful basis to process personal information
• meet its legal obligations to specify the purposes for which information is used
• collect and process appropriate information only to the extent that it is necessary to fulfil operational needs or to comply with any legal requirements
• ensure the information held is accurate and up to date
• ensure that the information is held for no longer than is necessary
• ensure that the rights of people about whom information is held can be fully exercised under the GDPR (i.e. the right to be informed that processing is being undertaken, to access personal information on request; to prevent processing in certain circumstances, and to correct, rectify, block or erase information that is regarded as wrong information)
• take appropriate technical and organisational security measures to safeguard personal information
• ensure that personal information is not transferred outside the EU, to other countries or international organisations without an adequate level of protection

 

Personal Information
Throughout the Agreement and for as long as is necessary thereafter, the Company will need to process data about you. The kind of data that the Company will process includes:
• any references obtained
• details of terms of your Agreement
• payroll details
• tax and national insurance information
• details of job duties
• details of health and sickness absence records
• details of holiday records
• information about performance
• training records
• contact names and addresses

• correspondence with the Company and other information that you have given the Company

The Company believes that those records used are consistent with the work relationship between the Company and yourself and with the data protection principles. The data the Company holds will be for management and administrative use only but the Company may, from time to time, need to disclose some data it holds about you to relevant third parties (e.g. where legally obliged to do so by HM Revenue & Customs, where requested to do so by yourself for the purpose of giving a reference or in relation to maintenance support and/or the hosting of data in relation to the provision of insurance).
In some cases the Company may hold sensitive data, which is defined by the legislation as special categories of personal data, about you. For example, this could be information about health, racial or ethnic origin, criminal convictions, trade union membership, or religious beliefs. This information may be processed not only to meet the Company’s legal responsibilities but, for example, for purposes of personnel management and administration, suitability for work, and to comply with equal opportunity legislation. Since this information is considered sensitive, the processing of which may cause concern or distress, you will be asked to give express consent for this information to be processed, unless the Company has a specific legal requirement to process such data.

 

Access to Data
You may, within a period of one month of a written request, inspect and/or have a copy, subject to the requirements of the legislation, of information in your own file and/or other specified personal data and, if necessary, require corrections should such records be faulty.
If you wish to do so you must make a written request to the Company. The Company is entitled to change the above provisions at any time at its discretion.

 

Data Security
You are responsible for ensuring that any personal data that you hold and/or process as part of your job role is stored securely and in accordance with our client’s own policies and procedures.
You must ensure that personal information is not disclosed either orally or in writing, or via web pages, or by any other means, accidentally or otherwise, to any unauthorised third party.
You should note that unauthorised disclosure may result in action under the disciplinary procedure, which may include dismissal for gross misconduct. Personal information should be kept in a locked filing cabinet, drawer, or safe. Electronic data should be coded, encrypted, or password protected both on a local hard drive and on a network drive that is regularly backed up. If a copy is kept on removable storage media, that media must itself be kept in a locked filing cabinet, drawer, or safe.
When travelling with a device containing personal data, you must ensure both the device and data is password protected. The device should be kept secure and where possible it should be locked away out of sight i.e. in the boot of a car. You should avoid travelling with hard copies of personal data where there is secure electronic storage available. When it is essential to travel with hard copies of personal data this should be kept securely in a bag and where possible locked away out of sight i.e. in the boot of a car.

 

Equality, Inclusion and Diversity
The Company is committed to the principle of equal opportunity in the workplace.
The terms equality, inclusion and diversity are at the heart of this policy. ‘Equality’ means ensuring everyone has the same opportunities to fulfil their potential free from discrimination. ‘Inclusion’ means ensuring everyone feels comfortable to be themselves at work and feels the worth of their contribution. ‘Diversity’ means the celebration of individual differences amongst the workforce. We will actively support diversity and inclusion and ensure that all our workforce are valued and treated with dignity and respect. We want to encourage everyone in our business to reach their potential.
We value people as individuals with diverse opinions, cultures, lifestyles and circumstances. All workers (including agency workers) and those looking for work are covered by this policy and it applies to all areas of your engagement. Our policies and practices are continually monitored to ensure that no unlawful discrimination, intentional, unintentional, direct or indirect, overt or latent exists.

Equality of opportunity, valuing diversity and compliance with the law is to the benefit of all individuals in our Company as it seeks to develop the skills and abilities of its people. While specific responsibility for eliminating discrimination and providing equality of opportunity lies with managers and supervisors, individuals at all levels have a responsibility to treat others with dignity and respect. The personal commitment of every worker to this policy and application of its principles are essential to eliminate discrimination and provide equality throughout the Company.

Management will ensure that our engagement procedures result in worker or work seeker receiving less favourable treatment because of a protected characteristic within the Equality Act 2010 which are race (including colour, nationality, ethnic or national origin), religion or belief, disability, sex, sexual orientation, pregnancy or maternity, gender reassignment, marriage/civil partnership and age. In accordance with our overarching equal treatment ethos, we will also ensure that no-one is treated less favourably on account of their trade union membership or non-membership, or on the basis of being a part-time worker. The Company’s objective is to ensure that individuals are chosen and treated solely on the basis of their relevant aptitudes, skills and abilities.

We will ensure that the policy is circulated to any agencies responsible for our recruitment and a copy of the policy will be made available for all workers and made known to all work seekers.

The policy will be communicated to all private contractors reminding them of their responsibilities towards the equality of opportunity.

The policy will be implemented in accordance with the appropriate statutory requirements and full account will be taken of all available guidance and in particular any relevant Codes of Practice.
Management has the primary responsibility for successfully meeting these objectives by:
• not discriminating in the course of engagement against workers or work seekers
• not inducing or attempting to induce others to practise unlawful discrimination

• bringing to the attention of our workers that their engagement may be subject to termination for undertaking unlawful discrimination of any kind.

You can contribute by:
• not discriminating against fellow workers, our employees, customers, clients, suppliers or members of the public with whom you come into contact during the course of your duties
• not inducing or attempting to induce others to practise unlawful discrimination
• reporting any discriminatory action to your Line Manager
The successful achievement of these objectives necessitates a contribution from everyone and you have an obligation to report any act of discrimination known to you.
If you consider that you are a victim of unlawful discrimination, you may raise the issue through the grievance procedure.
Personal Harassment Policy and Complaints Procedure
The Company is committed to creating a harmonious and safe working environment, which is free from harassment and in which each member of our workforce is treated with respect and dignity. The Company strives to ensure that the different experiences, abilities and skills of each individual are valued by others. Inappropriate behaviour should be challenged. It is the Company’s intention to encourage everyone to behave in a proper manner at all times.
Harassment or bullying causes stress, anxiety and unhappiness to individuals, creates an unpleasant environment in which to work and may be unlawful. This can reduce efficiency and may ultimately have an impact on the way in which services are delivered. For these reasons it is important that the Company and its workforce strive to achieve a working environment which is free from this type of behaviour.
You may be an individual or part of a group that receives the unwanted attention. The harassment or victimisation may be a one-off incident or it may be a series of incidents. Your dignity at work can be affected by inappropriate behaviour, which causes offence, whether it is intentional, or not. If you believe that you have suffered any form of harassment you are entitled to raise the matter through the following procedure.
This procedure does not replace or detract from your statutory rights to pursue a complaint under current legislation.
Making a Complaint of Harassment
Complaints can be made both formally and informally. Whichever route you decide to take, (and the decision will always be yours) you will be offered guidance and assistance at every stage to help you resolve the problem as soon as possible and to stop the harassment.
If you are comfortable doing so, in the first instance, ask the person responsible to stop the behaviour, explaining that you feel uncomfortable in the way they are acting towards you. Speaking directly to the person at an early stage will often be sufficient to stop the behaviour.

If you feel unable to do this, you may be able to ask your line Manager or a colleague to do this on your behalf.

If you decide to make a formal complaint, you should do so through the personal harassment procedure as soon as possible after the incident has occurred. All complaints will be handled in a timely and confidential manner. The matter will be addressed swiftly and investigated thoroughly. If the investigation reveals that your complaint is valid, prompt attention and action will be taken, designed to stop the behaviour immediately and prevent its recurrence. In such circumstances, if relocation proves necessary, every effort will be made to relocate the harasser rather than you as the victim, however, the Company will endeavour to relocate you if this is your preference.

You will be protected from intimidation, victimisation or discrimination for filing a complaint or assisting in an investigation. Retaliating against a fellow worker or an employee of the Company for complaining about harassment is a not permitted.

Whilst this procedure is designed to assist genuine victims of harassment, you should be aware that if you raise complaints which are proven to be deliberately vexatious, this will be addressed and may lead to the termination of your engagement.

 

Public Interest Disclosure (Whistleblowing)
The Company recognises that effective and honest communication is essential if concerns about breaches or failures are to be effectively dealt with and the Company’s success ensured.
This policy is designed to provide guidance to all those who work with or within the Company who may from time to time feel that they need to raise certain issues relating to the Company with someone in confidence.
Any person who in the public interest raises genuine concerns under this policy will not under any circumstances be subjected to any form of detriment or disadvantage as a result of having raised their concerns. The victimisation or harassment of an individual making a protected disclosure is not permitted.
This policy applies where you reasonably believe that one of the following sets of circumstances is occurring, has occurred, or may occur within the Company and that your disclosure is in the public interest:
• a criminal offence has been committed, is being committed or is likely to be committed
• a person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject
• a miscarriage of justice has occurred, is occurring or is likely to occur
• the health and safety of any individual has been, is being or is likely to be endangered
• the environment has been, is being or is likely to be damaged

• information tending to show any matter falling within any one of the preceding paragraphs has been, is being or is likely to be deliberately concealed

It is not necessary that you prove the breach or failure that you are alleging has occurred or is likely to occur, you may simply raise a reasonable suspicion. However, you should note that you will not be protected from the consequences of making such a disclosure if, by doing so, you commit a criminal offence.

 

Procedure
If you believe that any of the above practices are happening in the Company, the following procedure should be followed.
You should initially raise the issues with your Line Manager, who will treat the matter in confidence.
If it is not appropriate to raise the issues with your Line Manager, you should raise the issue with a more senior member of management or, if not possible, another member of management at the same level.

It is likely that an investigation will be necessary, and you may be required to attend an investigatory meeting as a witness.

At the investigation meeting you will need to explain fully the nature and extent of what you believe is the problem. You may bring a fellow worker to help you explain the situation more clearly if you wish.

Depending on the nature of your complaint, it may not be possible to find an immediate solution, but your concerns will be investigated as quickly as is reasonably possible, and, where possible, providing such disclosure does not breach confidentiality, you will be advised of the outcome of the investigation in due course. As a minimum you will be advised when any investigation has been completed and that appropriate action has been taken, although you may not be informed of the specific details of the action that has been taken.

Where it is necessary for your disclosure and the investigative meeting minutes to be supplied to another as part of the evidence supporting some action by the Company, appropriate steps will be taken to ensure that your working environment and/or working relationships are not prejudiced by the fact of the disclosure.

If you are dissatisfied with the outcome of this procedure, you may raise the matter with a Director. If you remain dissatisfied with the outcome you have the right to express your concerns to the relevant Prescribed Person designated by the Public Interest Disclosure (Prescribed Persons) Order 2014, or any statute or statutory instrument which subsequently supersedes this legislation.

If you reasonably believe that the relevant failure as listed in any of the above practices relates wholly or mainly to the conduct of a person other than someone in the Company, or any other matter for which a person other than the Company has legal responsibility, then you should make that disclosure to that other person.
Also, you may make such a disclosure to Public Concern at Work, the leading authority on public interest whistleblowing if you consider that it has an interest in the matter and, despite the best efforts of the Company, you believe that disclosure within the Company is inappropriate or as noted previously has been unsuccessful. Disclosures made to legal advisors in the course of obtaining legal advice will be protected.
If any disclosure concerns information which you do not substantially believe is true or is made in bad faith (for instance in order to cause disruption within the Company), or indeed if the disclosure is made for personal gain, then this will be addressed and may result in the termination of your engagement.
While the Company hopes that such disclosures will never be necessary, it also recognises that it may find itself in circumstances which are new to it. Each case will be treated on its own facts.

 

Standards of Behaviour
It is necessary to have a minimum number of rules in the interests of the whole Company. The rules set standards of performance and behaviour whilst the procedures are designed to help promote fairness and order in the treatment of individuals. It is our aim that the rules and procedures should emphasise and encourage improvement in the conduct of individuals, where they are failing to meet the required standards.
It is your responsibility to familiarise yourself with the following rules and procedures. Any breaches will be addressed, and this may lead to the termination of your engagement. If you have any concerns or require clarification on any issue(s), please raise them with management. The Company may need to change the rules from time to time and any such changes will be notified to you as appropriate.

It is not practicable to specify all rules on behaviour or offences that may result in your behaviour being addressed with you, as they may vary depending on the nature of the work.

Your Manager will address behaviour with you if you are found to have acted in any of the following ways. Please note that these are examples only and do not represent an exhaustive list:
• persistent failure to turn up for a period of work which you have accepted from the Company and/or lateness;
• unsatisfactory standards or output of work;
• rudeness towards clients/customers, members of the public or other workers or employees, objectionable or insulting behaviour, harassment, bullying or bad language;

• failure to devote the whole of your time, attention and abilities to our business and its affairs during any period of work that you have accepted from the Company.

Where one of the misconduct rules has been breached, your Manager will discuss this with you and inform you of the improvement required. Further instances of misconduct may result in the termination of the engagement and no further work being offered to you.

In some circumstances, your period of engagement may be terminated after the first occasion of misconduct. This may occur if the misconduct is considered to be so severe that the Company finds continued engagement untenable, for example, if you are found to have acted in the following ways.

Please note that these are examples only and do not represent an exhaustive list:
• theft or fraud;
• physical violence or bullying;
• deliberate damage to property;

• deliberate acts of unlawful discrimination or harassment.

We reserve the right to terminate your engagement upon the first occasion of misconduct without prior notification of required improvement in circumstances not falling into those described in the previous paragraph. If you feel that any decision to terminate your engagement for reasons related to your behaviour breaches equality legislation, you should speak to a Senior Manager.

 

Standards of Performance
We recognise that your ability to carry out your duties may be affected by a number of things, the most common being either changes to the way that tasks are done since previous engagements and you fail to keep pace with the changes, or you change (most commonly because of health reasons) and you can no longer cope with the work.
If the nature of work you have been engaged to perform changes during an agreed period of work or between periods of work or if we have general concerns about your ability to perform your tasks we will try to ensure that you understand the level of performance expected of you and that you receive adequate training and supervision.
Personal circumstances may arise which do not prevent you from attending for work but which prevent you from carrying out your normal duties (e.g. a lack of dexterity or general ill health). If such a situation arises, we will normally need to have details of your medical diagnosis and prognosis so that we have the benefit of expert advice. Under normal circumstances, this can be most easily obtained by asking your own doctor for a medical report. Your permission is needed before we can obtain such a report and we will expect you to co-operate in this matter should the need arise. When we have obtained as much information as possible regarding your condition and after consultation with you, a decision will be made about the continuation of your agreed period of work.
We reserve the right to terminate your engagement, at any time, due to your inability to perform the work you have been engaged to undertake without prior notification of required improvement.
The Company will, at all times, ensure its compliance with the Equality Act 2010 in relation to its obligations towards individuals with a disability.
If you feel that any decision to terminate your engagement for reasons related to your performance breaches equality legislation, you should speak to a Senior Manager.

 

Complaints
It is important that if you feel dissatisfied with any matter relating to your engagement you are able to raise it.
If you wish to raise a complaint, you should speak to the person specified in your Statement of Engagement, explaining fully the nature and the extent of your complaint. Although it is not required, it may be of assistance if you set out the complaint in writing. If you raise your complaint verbally, written notes may be taken by the person specified in your Statement of Engagement who will ensure that they are a true representation of your complaint.
Once your complaint has been looked into, you will be notified of the outcome which will normally be within 10 days of receipt of your complaint.
If you feel that the outcome is in breach of any equality legislation, you should speak to a Senior Manager.