1. Issues & Updates
Any updates to the policy will appear in this section.
2. Safeguards and Standards
2.1. Company property and copyright
All written material, whether held on paper, electronically or magnetically which was made or acquired by you during the course of your employment with us, is our property and, where appropriate, our copyright. At the time of termination of your employment with us, or at any other time upon demand, you shall return to us any such material in your possession.
2.2. Statements to the media
Any statements to reporters from newspapers, radio, television, etc. in relation to our business will be given only by the Director.
2.3. Data Protection
The General Data Protection Regulation (GDPR) and the current Data Protection Acts regulate our use of your personal data. As an employer it is our responsibility to ensure that the personal data we process in relation to you is done so in accordance with the required principles. Any data held shall be processed fairly and lawfully and in accordance with the rights of data subjects.
We will process data in line with our privacy notices in relation to both job applicants and employees.
You have several rights in relation to your data. More information about these rights is available in our “Policy on your rights in relation to your data”. We commit to ensuring that your rights are upheld in accordance with the law and have appropriate mechanisms for dealing with such.
We may ask for your consent for processing certain types of personal data. In these circumstances, you will be fully informed as to the personal data we wish to process and the reason for the processing. You may choose to provide or withhold your consent. Once consent is provided, you are able to withdraw consent at any time.
You are required to comply with all company policies and procedures in relation to processing data. Failure to do so may result in disciplinary action up to and including dismissal.
2.4. Confidentiality
All information that:-
2.4.1. is or has been acquired by you during, or in the course of your employment, or has otherwise been acquired by you in confidence;
2.4.2. relates particularly to our business, or that of other persons or bodies with whom we have dealings of any sort; and
2.4.3. has not been made public by, or with our authority;
shall be confidential, and (save in the course of our business or as required by law) you shall not at any time, whether before or after the termination of your employment, disclose such information to any person without our prior written consent.
You are to exercise reasonable care to keep safe all documentary or other material containing confidential information, and shall at the time of termination of your employment with us, or at any other time upon demand, return to us any such material in your possession.
You must make yourself aware of our policies on data protection in relation to personal data and ensure compliance with them at all times.
2.5. Inventions / discoveries
An invention or discovery made by you will normally belong to you. However, an invention or discovery made by you will become our property if it was made:
2.5.1. in the course of your normal duties under such circumstances that an invention might reasonably be expected to result from those duties;
2.5.2. outside the course of your normal duties, but during duties specifically assigned to you, when an invention might reasonably be expected to result from these; and
2.5.3. during the course of any of your duties, and at the time you had a special obligation to further our interests arising from the nature of those duties, and your particular responsibilities.
2.6. Liability for loss and damage
Any damage to stock or property (including non-statutory safety equipment) 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.
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.
2.7. Rights of search
Although we do not have the contractual right to carry out searches of employees and their property (including vehicles) whilst they are on our premises or business, we would ask all employees to assist us in this matter should we feel that such a search is necessary.
Where practicable, searches will be carried out in the presence of a colleague of your choice who is available on the premises at the time of the search. This will also apply at the time that any further questioning takes place.
We reserve the right to call in the police at any stage.
2.8. Health and safety
2.8.1. You should make yourself familiar with our Health and Safety Policy and your own health and safety duties and responsibilities, as shown separately.
2.8.2. You must not take any action that could threaten the health or safety of yourself, other employees, customers or members of the public.
2.8.3. You should report all accidents and injuries at work, no matter how minor, to the Manager.
2.8.4. You must ensure that you are aware of our fire and evacuation procedures and the action you should take in the event of such an emergency.
2.8.5. Protective clothing and other equipment which may be issued for your protection because of the nature of your job must be worn and used at all appropriate times. Failure to do so could be a contravention of your health and safety responsibilities. Once issued, this protective wear/equipment is your responsibility.
2.9. Manual handling
You are required, in accordance with the Manual Handling Regulations 1992, to advise us of any condition which may make you more vulnerable to injury.
2.10. No smoking policy
Smoking on the premises is not permitted. You may only smoke during authorised breaks and in allocated areas. This includes the use of e-cigarettes.
2.11. Alcohol and drugs
Under legislation we, as your employer, have a duty to ensure so far as is reasonably practicable, the health and safety and welfare at work of all our employees and similarly you have a responsibility to yourself and your colleagues. The use of alcohol and drugs may impair the safe and efficient running of the business and/or the health and safety of our employees.
If your performance or attendance at work is affected as a result of alcohol or drugs, or we believe you have been involved in any drug related action/offence, you may be subject to disciplinary action and, depending on the circumstances, this may lead to your dismissal.
2.12. Fitness to work
If you arrive for work and, in our opinion, you are not fit to work, we reserve the right to exercise our duty of care if we believe that you may not be able to undertake your duties in a safe manner or may pose a safety risk to others, and send you away for the remainder of the day with or without pay and, dependent on the circumstances, you may be liable to disciplinary action.
2.13. Use of social networking sites
Any work related issue or material that could identify an individual who is a customer or work colleague, and/or which could adversely affect the Company, a customer or our relationship with any customer must not be placed on a social networking site. This means that work related matters must not be placed on any such site at any time either during or outside of working hours and includes access via any computer equipment or mobile device.
2.14. Keyholding
If you are an allocated key holder, you must ensure that all procedures and guidelines are followed when securing the building prior to leaving. The keys and any security measures must be kept safe at all times. You must not give the keys to any third party unless authorisation is obtained from the Manager. Any loss or damage caused as a result of your failure to follow procedures or your negligence in ensuring the safekeeping of the keys will result in disciplinary action which could lead to your summary dismissal.
Any breaches or security issues including the loss or theft of keys must be reported immediately to the Manager.
To satisfy the requirements of our insurers and to protect us from fire and theft, you must secure all properties and premises when unattended. The last person to leave the premises must ensure lights and appropriate electrical equipment are switched off, windows and doors are secure.
2.15. Closed circuit television
CCTV is operated on the Company premises. This is for a number of reasons, including the prevention of crime and the safety of employees and customers. CCTV footage is monitored regularly.
Employees should be aware that CCTV footage may be used and relied upon, where necessary, for disciplinary purposes. Similarly, if there were allegations of criminal activity by employees or claims brought against any member of the Company leading to civil proceedings by customers or employees the Company may use and/or submit the relevant footage to the relevant authorities.
We will ensure all personal data obtained in this way is processed in line with the current Data Protection Act. You may refer to the employee privacy notice for more information on the data we hold, the reasons we hold it and the lawful basis which applies.
2.16. Standards of dress
Uniforms are provided to you on commencement of employment, these must be worn at all times whilst at work and laundered on a regular basis. You are required to wear dark trousers and dark closed toe shoes. Upon termination of your employment you will be required to return any uniform which has been provided to you. You must ensure that you wear suitable trousers and footwear for your roll.
2.17. Housekeeping
Both from the point of view of safety and of appearance, work areas must be kept clean and tidy at all times in accordance with the cleaning schedules, which are available separately.
2.18. Hygiene
2.18.1. Any exposed cut or burn must be covered with a first-aid dressing.
2.18.2. If you are suffering from an infectious or contagious disease or illness such as rubella or hepatitis you must not report for work without clearance from your own doctor.
2.18.3. Contact with any person suffering from an infectious or contagious disease must be reported before commencing work.
2.19. Till procedures
2.19.1. You must check the float at the beginning of your shift. Any discrepancies must be reported immediately to the Manager.
2.19.2. You must ensure each transaction is accurately put through the till. Any discrepancies must be reported immediately to the Manager. All discrepancies such as over rings must be recorded and initialled.
2.19.3. You may remove cash from the till under authorised circumstances only.
2.19.4. We only accept the following as a method of payment: Cash and Card where applicable.
2.19.5. It is strictly forbidden to amend the pricing of any items or discounts, without permission from the Manager.
2.19.6. Under no circumstances should you change money for members of the public.
2.19.7. All notes should be checked for forgeries. Where a forgery is identified, please notify the Manager.
2.19.8. The maximum cash amount permitted in the till at any one time is £1000
2.19.9. It is only permissible for authorised employees to reconcile the takings at the end of the day.
2.19.10. All monies must be stored appropriately as instructed by the Manager.
2.20. Forged note procedure
Employees are asked to remain vigilant for forgeries at all times. Where a forgery is identified the Manager or another senior member of staff should be informed as soon as practicable:
2.20.1. Once the Manager has been informed they will where possible;
- retain the note ensuring that they aren’t putting yourself or your colleagues at risk;
- ask the customer for an alternative means of payment; and
- give the customer a receipt, explaining that the note will be handed to the police; explaining that suspect notes subsequently discovered to be genuine will be returned.
2.20.2. The above information will then be passed by the Manager or appropriate senior to the police, to give them the counterfeit note(s).
The above procedure is in line with current Bank of England guidelines, as these guidelines are subject to review we will ensure that employees are made aware of any changes.
2.21. Cash shortages
Any cash shortages at the end of the day will be the responsibility of the individual on duty and must be made good by that individual. Any such shortages will be deducted from wages. This is an express written term of your contract of employment.
3. General Terms & Procedures
3.1. Changes in Personal Details
You must notify us of any change of name, address, telephone number, etc., so that we can maintain accurate information on our records and make contact with you in an emergency, if necessary, outside normal working hours.
3.2. Time Off
Circumstances may arise where you need time off for medical/dental appointments, or for other reasons. Proof of the appointment should be provided to the Manager. Where possible, such appointments should be made outside normal working hours. If this is not possible, time off required for these purposes may be granted at the discretion of the Manager and will normally be without pay.
3.3. Maternity / Paternity / Adoption Leave and Pay
You may be entitled to maternity/paternity/adoption leave and pay in accordance with the current statutory provisions. If you (or your partner) become pregnant or are notified of a match date for adoption purposes you should notify the Manager at an early stage so that your entitlements and obligations can be explained to you.
3.4. Parental / Shared Parental Leave
If you are entitled to take parental leave or shared parental leave in respect of the current statutory provisions, you should discuss your needs with the Manager who will identify your entitlements and look at the proposed leave periods dependent upon your child’s/children’s particular circumstances and the operational aspects of the business.
3.5. Time Off for Dependants
You may be entitled to take a reasonable amount of unpaid time off during working hours to take action that is necessary to provide help to your dependents. Should this be necessary you should discuss your situation with the Manager who, if appropriate, will agree to the necessary time off.
3.6. Bereavement Leave
Reactions to bereavement may vary greatly according to individual circumstances and the setting of fixed rules for time off is therefore inappropriate. You should discuss your circumstances with the Manager and agree on an appropriate time off.
3.7. Employees’ Property and Lost Property
We do not accept liability for any loss of, or damage to, property that you bring onto the premises. You are requested not to bring personal items of value onto the premises and, in particular, not to leave any items overnight. Articles of lost property should be handed to the Manager who will retain them whilst attempts are made to discover the owner.
3.8. Personal Mail
The company accepts no responsibility for any private mail sent to our premises. All mail received by us will be opened, including that addressed to employees. Private mail, therefore, should not be sent to our address. No private mail may be posted at our expense.
3.9. Friends and Relatives Contact / Telephone Calls / Mobile Phones
You should discourage your friends and relatives from either calling on you in person or by telephone except in an emergency. Incoming personal telephone calls are allowed only in the case of emergency. Outgoing personal calls can only be made with the prior permission of the Manager. Personal mobile phones should not be used during working hours.
3.10. Other Employment
You are expected to devote the whole of your time and attention during working hours to our business. If you propose taking up employment with an employer or pursuing separate business interests or any similar venture, you must discuss the proposal with the Manager in order to establish the likely impact of these activities on both yourself and the Company. You will be asked to give full details of the proposal and consideration will be given to:
3.10.1. Working hours;
3.10.2. Competition, reputation and credibility;
3.10.3. Conflict of Interest;
3.10.4. Health, safety and welfare.
You will be notified in writing of the Company’s decision. The Company may refuse to consent to your request. If you work without consent, this could result in the termination of your employment.
If you are unhappy with the decision you may appeal using the Grievance Procedure.
3.11. Behaviour at Work
You should behave with civility towards fellow employees, and no rudeness will be permitted towards customers or members of the public. Objectionable or insulting behaviour, or bad language will render you liable to disciplinary action.
You should use your best endeavours to promote the interests of the business and shall, during normal working hours, devote the whole of your time, attention and abilities to the business and its affairs.
Any involvement in activities which could be construed as being in competition with us is not allowed.
3.12. Behaviour Outside Work
Because the business demands employees of the highest integrity we have the right to expect you to maintain these standards outside of working hours.
Activities that result in adverse publicity to ourselves, or which cause us to lose faith in your integrity, may give us grounds for your dismissal.
3.13. Travel Expenses
We will reimburse you for any reasonable expenses incurred whilst travelling on our business. The rules relating to travelling expenses will be issued separately. You must provide receipts for any expenditure.
3.14. Company Tools
The Company provides tools necessary to carry out your duties. You should keep these in good repair and take all reasonable steps to ensure that they are secure at all times. You must report any lost, damaged or mislaid tools to the Manager. You must return all Company tools upon termination of employment by either party. Failure to return tools, or any loss or damage suffered as a result of your negligence, will result in a deduction to cover the cost of the tools being made from monies due to you.
3.15. Third Party Involvement
We reserve the right to allow third parties to chair any meeting, for example disciplinary, capability, grievance, this is not an exhaustive list. We will seek your consent at the relevant time to share relevant ‘special categories of data’ where it is necessary for the purposes of that hearing.
3.16. Recording of Formal Meetings
We reserve the right to record any formal meetings whether conducted by us or a third party, a copy of the recording can be made available on request. All personal data collected for this purpose will be processed in line with the current Data Protection Act.
4. Capability Procedures
4.1. Introduction
We recognise that during your employment with us your capability to carry out your duties may deteriorate. This can be for a number of reasons, the most common ones being that either the job changes over a period of time 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.
4.2. Job Changes / General Capability Issues
If the nature of your job changes or if we have general concerns about your ability to perform your job we will try to ensure that you understand the level of performance expected of you and that you receive adequate training and supervision. Concerns regarding your capability will normally first be discussed in an informal manner and you will be given time to improve.
If your standard of performance is still not adequate you will be warned in writing that a failure to improve and to maintain the performance required could lead to your dismissal. We will also consider the possibility of a transfer to more suitable work if possible.
If there is still no improvement after a reasonable time and we cannot transfer you to more suitable work, or if your level of performance has a serious or substantial effect on our organisation or reputation, you will be issued with a final warning that you will be dismissed unless the required standard of performance is achieved and maintained.
If such improvement is not forthcoming after a reasonable period of time, you will be dismissed with the appropriate notice.
4.3. Personal Circumstances / Health Issues
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 your future employment with us in your current role or, where circumstances permit, in a more suitable role.
There may also be personal circumstances which prevent you from attending work, either for a prolonged period(s) or for frequent short absences. Under these circumstances we will need to know when we can expect your attendance record to reach an acceptable level. This may again mean asking your own doctor for a medical report or by making whatever investigations are appropriate in the circumstances. When we have obtained as much information as possible regarding your condition, and after consultation with you, a decision will be made about your future employment with us in your current role or, where circumstances permit, in a more suitable role.
4.4. Short Service Staff
We retain discretion in respect of the capability procedures to take account of your length of service and to vary the procedures accordingly. If you have a short amount of service, you may not be in receipt of any warnings before dismissal.
5. Disciplinary Procedures
5.1 Introduction and Principles
5.1.1. The aim of our disciplinary rules and procedures is to encourage improvement in individual conduct or performance. We reserve the right to amend these rules and procedures where appropriate.
5.1.2. The procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated. On some occasions temporary suspension on contractual pay may be necessary in order that an uninterrupted investigation can take place. This must not be regarded as disciplinary action or a penalty of any kind.
5.1.3. Employees will be informed in writing of what is alleged and will be given the opportunity to state their case at a disciplinary hearing. Other than for an “off the record” informal reprimand, employees have the statutory right to be accompanied at all stages of the formal disciplinary process by a fellow employee, including appeals.
5.2 Disciplinary Rules
In addition to the specific examples of rules shown below, a breach of other specific conditions, procedures etc. that are contained within this statement or that have otherwise been made known to you, will also result in this disciplinary procedure being used.
| Conduct | 1st Occassion | 2nd Occassion | 3rd Occassion | 4th Occassion |
|---|---|---|---|---|
| Unsatisfactory Conduct | Formal verbal warning | Written warning | Final written warning | Dismissal |
| Misconduct | Written warning | Final written warning | Dismissal | |
| Serious Misconduct | Final written warning | Dismissal | ||
| Gross Misconduct | Dismissal |
5.3. Rules Covering Unsatisfactory Conduct and Misconduct
5.3.1. failure to abide by our general health and safety rules and procedures;
5.3.2. smoking in designated non-smoking areas;
5.3.3. consumption of alcohol on the premises;
5.3.4. persistent absenteeism and/or lateness;
5.3.5. unsatisfactory standards or output of work;
5.3.6. rudeness towards customers, members of the public or other employees, objectionable or insulting behaviour, harassment, bullying or bad language;
5.3.7. failure to devote the whole of your time, attention and abilities to our business and its affairs during your normal working hours;
5.3.8. failure to carry out all reasonable instructions or follow our rules and procedures;
5.3.9. unauthorised use or negligent damage or loss of our property; and
5.3.10. failure to report immediately any damage to property or premises caused by you.
You will be liable to disciplinary action if you are found to have acted in any of the following ways:
5.4. Serious Misconduct
Where one of the unsatisfactory conduct or misconduct rules has been broken and if, upon investigation, it is shown to be due to your extreme carelessness or has a serious or substantial effect upon our operation or reputation, you may be issued with a final written warning in the first instance.
5.5. Rules Covering Gross Misconduct
Occurrences of gross misconduct are very rare because the penalty is dismissal without notice and without any previous warning being issued. It is not possible to provide an exhaustive list of examples of gross misconduct. However, any behaviour or negligence resulting in a fundamental breach of contractual terms that irrevocably destroys the trust and confidence necessary to continue the employment relationship will constitute gross misconduct. Examples of offences that will normally be deemed as gross misconduct include serious instances of:
5.5.1. theft or fraud;
5.5.2. physical violence or bullying;
5.5.3. deliberate damage to property;
5.5.4. deliberate acts of unlawful discrimination or harassment;
5.5.5. possession, or being under the influence, of drugs* at work;
5.5.6. *For this purpose, the term ‘drugs’ is used to describe both illegal drugs and other psychoactive (mind-altering) substances which may or may not be illegal.
5.5.7. breach of health and safety rules that endangers the lives of, or may cause serious injury to, employees or any other person.
5.6 Disciplinary Action
5.6.1. Disciplinary action taken against you will be based on the following:
5.6.2. We reserve the right to take account of your length of service and to vary our procedures and disciplinary action accordingly. If you have a short amount of service you may not receive any warnings before dismissal.
5.6.3. In all cases warnings will be issued for misconduct, irrespective of the precise matters concerned, and any further breach of the rules in relation to similar or entirely independent matters of misconduct will be treated as further disciplinary matters and allow the continuation of the disciplinary process through to dismissal if the warnings are not heeded.
5.6.4. Period of Warnings
Formal verbal warning
A formal verbal warning will normally be disregarded for disciplinary purposes after a three month period.
Written warning
A written warning will normally be disregarded for disciplinary purposes after a six month period.
Final written warning
A final written warning will normally be disregarded for disciplinary purposes after a twelve month period.
Demotion to a lower status at the appropriate lower rate or suspension from work without pay for up to five days may be considered as an alternative to dismissal in appropriate cases.
6. Capability / Disciplinary Appeal Procedure
6.1 You have the right to lodge an appeal in respect of any capability/disciplinary action taken against you.
6.2 If you wish to exercise this right you should apply either verbally or in writing normally within five working days to the Director.
6.3 An appeal against a formal warning or dismissal should give details of why the penalty imposed is too severe, inappropriate or unfair in the circumstances.
6.4 The appeal procedure will normally be conducted by a member of staff not previously connected with the process so that an independent decision into the severity and appropriateness of the action taken can be made.
6.5 If you are appealing on the grounds that you have not committed the offence then your appeal may take the form of a complete re-hearing and reappraisal of all matters so that the person who conducts the appeal can make an independent decision before deciding to grant or refuse the appeal.
6.6 You may be accompanied at any stage of the appeal hearing by a fellow employee of your choice. The result of the appeal will be made known to you in writing, normally within five working days after the hearing.
7. Grievance Procedure
7.1 Grievance Policy
7.1.1 It is important that if you feel dissatisfied with any matter relating to your employment you should have an effective means by which such a grievance can be aired and, where appropriate, resolved.
7.1.2 Nothing in this procedure is intended to prevent you from informally raising any matter you may wish to mention. Informal discussion can frequently solve problems without the need for a written record. However, if you wish to raise a formal grievance you should normally do so in writing from the outset.
7.1.3 If you feel aggrieved at any matter relating to your work you should first raise the matter with the Manager either verbally or in writing, explaining fully the nature and extent of your grievance. You will then be invited to a meeting at which your grievance will be investigated fully. You will be notified of the decision, in writing, normally within ten working days of the meeting, including your right of appeal.
7.1.4 If you wish to appeal you must inform the Director in writing, within five working days. You will then be invited to a further meeting.
7.1.5 Following the appeal meeting you will be informed of the final decision, which will be confirmed in writing.
8. Equality, Inclusion and Diversity Policy
8.1 Statement of Policy
8.1.1 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 employees are valued and treated with dignity and respect. We want to encourage everyone in our business to reach their potential.
8.1.2 We recognise that discrimination is unacceptable and although equality of opportunity has been a long standing feature of our employment practices and procedure, we have made the decision to adopt a formal policy. Breaches of the policy will lead to disciplinary proceedings and, if appropriate, disciplinary action up to and including dismissal.
8.1.3 The aim of the policy is to ensure no job applicant, employee or worker is discriminated against either directly or indirectly on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.
8.1.4 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 employees and made known to all applicants for employment.
8.1.5 The policy will be communicated to all private contractors reminding them of their responsibilities towards the equality of opportunity.
8.1.6 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.
8.1.7 We will maintain a neutral working environment in which no employee or worker feels under threat or intimidated.
8.2 Recruitment and Selection
The recruitment and selection process is crucially important to any equality, inclusion and diversity policy. We will endeavour through appropriate training to ensure that employees making selection and recruitment decisions will not discriminate, whether consciously or unconsciously, in making these decisions.
8.2.1. Promotion and advancement will be made on merit and all decisions relating to this will be made within the overall framework and principles of this policy.
8.2.2. Job descriptions, where used, will be revised to ensure that they are in line with this policy. Job requirements will be reflected accurately in any personnel specifications.
8.2.3. We will adopt a consistent, non-discriminatory approach to the advertising of vacancies.
8.2.4. We will not confine our recruitment to areas or media sources which provide only, or mainly, applicants of a particular group.
8.2.5. All applicants who apply for jobs with us will receive fair treatment and will be considered solely on their ability to do the job.
8.2.6. All employees involved in the recruitment process will periodically review their selection criteria to ensure that they are related to the job requirements and do not unlawfully discriminate.
8.2.7. Short listing and interviewing will be carried out by more than one person where possible.
8.2.8. Interview questions will be related to the requirements of the job and will not be of a discriminatory nature.
8.2.9. We will not disqualify any applicant because he/she is unable to complete an application form unassisted unless personal completion of the form is a valid test of the standard of English required for the safe and effective performance of the job.
8.2.10. Selection decisions will not be influenced by any perceived prejudices of other staff.
8.3. Training and Promotion
8.3.1. Senior staff will receive training in the application of this policy to ensure that they are aware of its contents and provisions.
8.3.2 All promotions will be in line with this policy.
8.4. Monitoring
We will maintain and review the employment records of all employees in order to monitor the progress of this policy.
Monitoring may involve:-
- the collection and classification of information regarding the race in terms of ethnic/national origin and sex of all applicants and current employees;
- the examination by ethnic / national origin and sex of the distribution of employees and the success rate of the applicants; and
- recording recruitment, training and promotional records of all employees, the decisions reached and the reason for those decisions.
The results of any monitoring procedure will be reviewed at regular intervals to assess the effectiveness of the implementation of this policy. Consideration will be given, if necessary, to adjusting this policy to afford greater equality of opportunities to all applicants and staff.
9. Whistle – Blowers
9.1. Introduction to whistle – blowers
Under certain circumstances, employees are protected from suffering any detriment or termination of employment if they make disclosures about organisations for whom they work.
9.2. Qualifying Disclosures
9.2.1. Certain disclosures are prescribed by law as “qualifying disclosures”. A “qualifying disclosure” means a disclosure of information that the employee genuinely and reasonably believes is in the public interest and shows that the Company has committed a “relevant failure” by:
9.2.1.1. committing a criminal offence;
9.2.1.2. failing to comply with a legal obligation;
9.2.1.3. a miscarriage of justice;
9.2.1.4. endangering the health and safety of an individual;
9.2.1.5. environmental damage; or
9.2.1.6. concealing any information relating to the above.
9.2.2. These acts can be in the past, present or future, so that, for example, a disclosure qualifies if it relates to environmental damage that has happened, is happening, or is likely to happen. The Company will take any concerns that you may raise relating to the above matters very seriously.
9.2.3. The Employment Rights Act 1996 provides protection for workers who ‘blow the whistle’ where they reasonably believe that some form of illegality, injustice or breach of health and safety has occurred or is likely to occur. The disclosure has to be “in the public interest”. We encourage you to use the procedure to raise any such concerns.
9.3. The Procedure
9.3.1. In the first instance you should report any concerns you may have to the Director who will treat the matter with complete confidence. If you are not satisfied with the explanation or reason given to you, you should raise the matter with the appropriate official organisation or regulatory body.
9.3.2. If you do not report your concerns to the Director you should take them direct to the appropriate organisation or body.
9.4. Treatment By Others
Bullying, harassment or any other detrimental treatment afforded to a colleague who has made a qualifying disclosure is unacceptable. Anyone found to have acted in such a manner will be subject to disciplinary action.
10. Personal Harassment Policy and Procedure
10.1. Introduction
10.1.1. Harassment or victimisation on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation is unacceptable.
10.1.2. Personal harassment takes many forms but whatever form it takes, personal harassment is always serious and is totally unacceptable.
10.2. Policy
We deplore all forms of personal harassment and seek to ensure that the working environment is sympathetic to all our employees.
10.3. Complaining About Personal Harassment
10.3.1. Informal complaint
If you are the victim of minor harassment you should make it clear to the harasser on an informal basis that their behaviour is unwelcome and ask the harasser to stop. If you feel unable to do this verbally then you should hand a written request to the harasser.
10.3.2. Formal complaint
Where the informal approach fails or if the harassment is more serious, you should bring the matter to the attention of the Director as a formal written complaint.
The person dealing with the complaint will invite you to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. You have the right to be accompanied at such a meeting by your confidential helper or another work colleague of your choice and you must take all reasonable steps to attend. Those involved in the investigation will be expected to act in confidence and any breach of confidence will be a disciplinary matter.
On conclusion of the investigation which will normally be within ten working days of the meeting with you, the decision of the investigator detailing the findings will be sent, in writing, to you.
You have the right to appeal against the findings of the investigator in accordance with the appeal provisions of the grievance procedure.
10.4. General Notes
10.4.1. If the decision is that the allegation is well founded, the harasser will be liable to disciplinary action in accordance with our disciplinary procedure. An employee who receives a formal warning or who is dismissed for harassment may appeal by using our capability/disciplinary appeal procedure.
10.4.2. If you bring a complaint of harassment you will not be victimised for having brought the complaint. However if it is concluded that the complaint is both untrue and has been brought with malicious intent, disciplinary action will be taken against you.
11. Termination of Employment
11.1. Resignations
All resignations must be supplied in writing, stating the reason for resigning your post.
11.2. Terminating Employment Without Giving Notice
If you terminate your employment without giving or working the required period of notice, as indicated in your individual Statement of Main Terms of Employment, you will have an amount equal to any additional cost of covering your duties during the notice period not worked deducted from any termination pay due to you. This is an express written term of your contract of employment. You will also forfeit any contractual accrued holiday pay due to you over and above your statutory holiday pay, if you fail to give or work the required period of notice.
11.3. Return of our Property
On the termination of your employment you must return all our property which is in your possession or for which you have responsibility. Failure to return such items will result in the cost of the items being deducted from any monies outstanding to you. This is an express written term of your contract of employment.
11.4. Garden Leave
If either you or the Company serves notice on the other to terminate your employment the Company may require you to take “garden leave” for all or part of the remaining period of your employment.
NB.
During any period of garden leave you will continue to receive your full salary and any other contractual benefits.