HR Policy Manual Template
HR Policy Manual Template
HR Policy Manual Template
<Company>
HR Policy Manual
<Company>
HR Policy Manual
The specific policies that follow promote the philosophy of <Company> with
regard to standards of excellence; terms of employment; employee
development; and employee services.
Any Policy changes will be fully consulted on and communicated to all staff
through normal communication channels. This Policy Manual will also be
updated as necessary.
This Policy Manual should be read in conjunction with the Company Staff
Handbook.
Signed:_________________________________
2
Contents
Introduction ......................................................................................................................... 2
Contents .............................................................................................................................. 3
SECTION 1 – EMPLOYING STAFF: Employing staff fairly and expertly, ensuring they are
properly inducted, and ensuring they are aware of the required standards of business
conduct including use of email and the internet. .............................................................. 7
3
8 Monitoring............................................................................................................... 32
9 Penalties for Improper Use ..................................................................................... 33
4
5. Appendices............................................................................................................. 65
5
1. Statement of General Policy.................................................................................... 91
2. Management Organisation and Arrangements ........................................................ 91
3. Management Responsibilities ................................................................................. 91
4. Health and Safety Management Process ................................................................ 92
5. Health, Safety and Welfare Guidelines .................................................................... 92
6. Identification of Health and Safety Hazards ............................................................. 93
7. Safety Representatives ........................................................................................... 94
8. Training .................................................................................................................. 94
9. Records, Statistics and Monitoring .......................................................................... 95
10. Reports to the Health and Safety Executive ........................................................ 95
11. Specialist Advisory Bodies .................................................................................. 95
12. The Occupational Health Service ........................................................................ 95
13. First Aid .............................................................................................................. 95
14. Fire..................................................................................................................... 95
15. Condemnation and Disposal of Equipment.......................................................... 96
16. Food Hygiene ..................................................................................................... 96
17. Lifting and Handling ............................................................................................ 96
18. Non-Smoking On Company Premises ................................................................. 96
19. Control of Substances Hazardous to Health ........................................................ 96
20. Computer Installations and Visual Display Units .................................................. 97
21. Control of Working Time ..................................................................................... 97
22. Health and Safety and the Individual Employee .................................................. 97
23. People Working On Company Premises Not Employed By The Company ........... 97
24. Visitors and Members of the Public ..................................................................... 97
25. Contractors......................................................................................................... 98
Instructions
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only’.
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SECTION 1 – E MPLOYING STAFF: Employing staff fairly and
expertly, ensuring they are properly inducted, and ensuring they
are aware of the required standards of business conduct including
use of email and the internet.
7
1. Recruitment and Selection
1. Introduction
2.3 All vacancies will also be posted on the Company Intranet, and internal
notice boards. <Company> is keen to facilitate internal promotions
wherever possible as development opportunities for it’s staff.
2.6 Employees on maternity leave will receive all advertisements for posts
advertised in the Company during their period of maternity leave.
3. Application Form
3.1 Candidates for all posts will, except on some occasions when a
vacancy is restricted to internal recruitment, be asked to complete a
standard application form, in order that they can be judged on the basis
of comparable information.
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3.2 In applying for posts, all candidates will be provided with a job
description, details of the appropriate conditions of service and details
about the Company. A brief statement about the appointment
procedure will also be provided and, if possible, an indication of the
date (or week) when interviews will be held. The job description will
include a list of the main duties and responsibilities of the post,
together with an outline of the qualifications and experience which
candidates are expected to possess.
3.4 Applicants will be asked to specify whether they have any disabilities,
as defined in the Disability Discrimination Act 1995, and whether there
are any reasonable adjustments needed for them to attend an
interview. All applicants with a disability who meet the essential criteria
for a job will be interviewed, and considered on their merits
3.5 Applicants will be required to supply the names and addresses of two
people from whom references can be obtained, one of which should
normally be the applicant's current or most recent employer.
3.6 Only references for short listed candidates for interview will be
obtained. References will normally be sought prior to interview, unless
the candidate indicates otherwise.
3.8 All candidates will be asked to declare on the application form whether
they have ever been convicted of any criminal offence which cannot be
regarded as ‘spent’ in terms of the Rehabilitation of Offenders Act
1974.
3.9 <Optional paragraph) For posts that involve working with children and
vulnerable adults / law enforcement / legal profession / finance work /
licensing work (e.g. security), applicants will be asked to reveal details of
‘spent’ and ‘unspent’ convictions. Successful candidates for such posts will be
required to provide the necessary documentation in order to complete a
standard criminal records disclosure. Posts, which require such a disclosure,
will be clearly indicated on the conditions of service and appointment
procedure.
3.10 Applicants will also be required to declare if they are related to any
member of staff within the Company. Canvassing of members of the
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Company is not permitted. No manager should be put into a position
where he or she is asked to interview a person to whom they are
related.
3.13 All completed applications forms are private and confidential and
should only be made available to those directly involved in the
recruitment and selection process.
4. Selection Methods
4.3 The selection and appointment of the Chief Executive will be made by
members of the Board and the panel will be chaired by the Board
Chairman.
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panel will seek to develop questions which ask the candidates to give
examples of their previous relevant experience
4.5 All candidates will be asked the same questions in the same order, and
their responses rated between 1-10. The panel will each have a copy
of the questions and will score independently of each other during the
interview. Time is allocated between interviews for the panel to discuss
each candidate and to award a total points score. Additional notes may
be made by the panel during the interview, however it should be noted
that candidates will have access to all information should they request
it.
4.11 All appointments will be made strictly on merit and related to the
requirements of the job.
4.14 All unsuccessful candidates’ application forms and interview notes will
be retained for one year from the date of interviews taking place. After
this date they will be destroyed.
5. Relevant Checks
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5.1 All offers of employment will be made conditional upon satisfactory
results from the following:
6. Probationary Period
7. Recruitment Monitoring
7.1 The Company seeks to recruit employees on the basis of their ability
and the requirements of the post.
7.3 In order to meet this commitment, all candidates are asked to complete
a recruitment monitoring form enclosed with the application form. All
completed monitoring forms will be treated as confidential. The form
will be separated from the application form on receipt and those
involved in the selection process will not have access to it. The
information given by candidates will be solely used for the purpose of
monitoring the recruitment process.
8. Exit Interviews
8.1 All employees who leave the employment of the Company voluntarily
will have an exit interview with their manager before their last day of
employment.
8.2 Exit interviews provide the opportunity for departing employees to
discuss their reasons for leaving. The information provided is useful in
identifying trends, learning and development and evaluating the
effectiveness of HR policies and practices.
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issues. The exit interview questionnaire will be retained on the
employee’s personal file.
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2. Induction Policy and Checklist
<Company> believes that all new employees MUST be given timely induction
training. This training is regarded as a vital part of staff recruitment and
integration into the working environment. This policy, associated procedures
and guidelines define the Company’s commitment to ensure that all staff are
supported during the period of induction, to the benefit of the employee and
Company alike.
2. Aim
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Maintain and update the Induction Policy.
Provide a checklist for managers and staff to follow during the induction
period.
Ensure there is effective monitoring of the induction process
particularly in the first three months.
Deal with any problems promptly providing an efficient service for both
managers and staff.
Review all policy, procedure and guideline documents on a regular
basis.
Provide relevant formal training courses necessary to assist the
induction process.
4. General
Starting a new job is a demanding and often stressful experience. Quite apart
from the obvious challenge of tackling new tasks, there is also the need to
become accustomed to a new organisation, a new environment and new
colleagues. The purpose of induction is to support new employees during this
difficult period and to help them become fully integrated into the Company as
quickly and as easily as possible.
Induction has benefits for all involved in the process. Employees who settle
quickly into the Company will become productive and efficient at an early
stage and in turn will experience feelings of worth and satisfaction.
5. Benefits of Induction
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6. Induction Checklist
Preparations should be made for the arrival of the new entrant well in
advance, for example, arrangements should be made to provide desk,
equipment and lockers etc.
A tour of the workplace should be arranged for the new entrant allowing the
Company / Division to be viewed as a whole and the recruit to see where
he/she fits into the organisation.
The new entrant will want to get to know his/her colleagues and quickly
become part of the team and time should be made for this process.
Colleagues should be briefed on the new entrant’s arrival. If possible one of
the new entrants colleagues should be nominated to ensure that he/she has
every assistance in settling in quickly.
8. Induction Programmes
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School Leavers
For most new employees, induction is concerned with getting accustomed to
a new job. For school leavers, however, it is about adjusting to a whole new
way of life - the world of work. Consequently, school leavers are likely to need
more support than other groups. Wherever possible, induction and
subsequent training should relate to knowledge and skills which go beyond
the employee’s own particular job. School leavers will need guidance on wider
issues, such as career planning, acquiring qualifications, coping with the
routine and discipline of work and managing money.
Graduates
Graduates tend to have a high level knowledge but may not have the skills
relevant to the job. They will want to feel that they are making a contribution
from early on and to understand the organisation of the Company and their
role within it. Also they will want to have a clear picture of future career
prospects and to gain broad experience with this in mind. The Trust should
provide the graduate recruit with an adviser - such as a senior manager - who
can organise the necessary breadth of experience and offer advice and
support in relation to career progression.
Managers
Whilst many of the points in the checklist apply equally to all new managerial
staff, in most cases individual induction programmes will be necessary. These
should be drawn up in consultation with new managers, taking into account
their backgrounds and experience and the nature of their new roles. Priority
should be given to helping new managers establish and maintain relationships
with management colleagues and opportunities should be provided for them
to spend time in other relevant departments to facilitate this process. This will
help managers quickly to gain an understanding of the Company’s
philosophies, strategic plans and business plans.
Ethnic Minorities
In some cases, it may be necessary to design induction programmes with the
special needs of ethnic minorities in mind. Language problems and attitudes
amongst existing staff may be areas requiring particular attention. This is
preparation that should be completed before any member of staff joins the
Company. The Company will not tolerate racist or prejudiced behaviour in any
form.
Long-term Unemployed
Previously long-term unemployed people who have been recruited may have
been absent from the working environment for some time so it will be helpful
to recap on some of the issues relating to school leavers. these should, of
course, be adapted to suit older workers, who may need to build up
confidence and the induction process can be used to update knowledge of
basic office technology (photocopiers, fax machines, telephone systems, etc.
as well as computers).
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Other Groups
Other groups that may need particular consideration include disabled
employees and women returning to work after having raised a family.
These groups will also require the induction procedure as women returning to
work may, like the long-term unemployed, be out of touch and lacking in
confidence. Disabled employees may have all or a combination of induction
needs, but these needs may be compounded by their disabilities. Part of the
induction process for disabled employees will involve checking such things as
wheelchair access to parts of the workplace, toilets and lifts etc. The
necessary reasonable adjustments to the workplace required to
accommodate the disabled individual should be completed prior to them
commencing, and carried out in discussion with the individual or their adviser.
Induction can be said to end when the individual become fully integrated into
the organisation. Of course, there is no set timescale within which this will
happen and follow up is essential. Giving new employees the opportunity to
ask questions several weeks into employment can be useful, and the
induction checklist will provide this opportunity. In some areas, such as
understanding wider aspects of the organisation, follow up after a number of
months may be appropriate.
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<COMPANY >
DEPARTMENT ......................................................................
Not all the following subjects are applicable to all departments. Should this be
the case, record N/A.
Please read the guidance notes below before completing this form.
GUIDANCE NOTES
Certain groups of staff have specific induction needs. The main groups are
detailed below, with particular points to take account of, highlighted.
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These staff may have no previous work experience and will need careful
integration into the department. Discuss the following:
Conditions of Employment
1. Information on hours of work, including duty rotas, shift systems "on-
call" breaks
2. Time recording, flexi-time
3. Bonus scheme, allowances
4. Probationary periods of employment
5. Company Pension scheme and eligibility
6. Reporting in when sick including when on leave
7. Arrangements for requesting leave: annual leave, unpaid leave,
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compassionate leave
8. Issue of uniforms, and uniform policy, protective clothing, replacement,
laundry
arrangements
Conduct
1. Personal presentation
2. Disciplinary procedures
3. Courtesy to the customer and the public
4. Confidentiality
5. Noise Control
6. Acceptance of gifts
7. Statements to the Press
8. Local rules regarding smoking
9. Private use of telephones
10. Standards of Business Conduct
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Facilities
1. Cloakroom, lockers, lavatories
2. Canteen
Signature:...............................………………………………… Date:..............
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I confirm that the above Induction Programme has been completed for the
above member of staff.
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3. Standards of Business Conduct
1. Introduction
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1.4 United Kingdom Statute places further responsibilities on individual
employees in regards to their own behaviour and their behaviour towards
other employees.
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NB The important difference between, for example, attendance in an official
capacity at a function organised by the Company or one of its subsidiaries
and the acceptance of hospitality from a private individual or firm should be
recognised.
2.5 Nothing more than a small, low value item such as a calendar, diary,
blotter, chocolates or flowers can be accepted. All other gifts must be politely
refused or, if received through the post, returned to the donor with a suitably
worded letter signed by the Department Manager.
Identification
2.6 Employees should wear or carry their identity badges whilst carrying out
their duties.
Confidentiality
2.7 At all times confidentiality must be maintained. No information can be
released to unauthorised persons or organisations. The Chief Executive or
other Senior Managers of the Company will inform employees of those
authorised to receive information.
Personal Relationships
2.9 If a personal relationship between two employees develops within the
working environment, the onus is on the senior employee concerned to bring
this to the attention of his or her manager to confirm that there is no conflict of
interest, nor will a conflict of interest arise. The Company reserves the right to
move one of the employees concerned if it deems it necessary to do so.
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other advantage to encourage that person to perform their functions or
activities improperly or to reward that person for having already done so.
If you bribe (or attempt to bribe) another person, intending either to obtain or
retain business for the company, or to obtain or retain an advantage in the
conduct of the company's business this will be considered gross misconduct.
Similarly accepting or allowing another person to accept a bribe will be
considered gross misconduct. In these circumstances you will be subject to
formal investigation under the Company’s disciplinary procedures, and
disciplinary action up to and including dismissal may be applied.
General Conduct
<Company> will support employees who become aware of and are willing to
report breaches of this policy or who genuinely believe that a breach is
occurring, has occurred or is likely to occur within the business. Employees
should raise the issue internally with their manager or supervisor or in
accordance with the Company’s Policy on Disclosing Information
(‘Whistleblowing’).
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4. Internet and Email Usage Policy and Guidelines
1. Introduction
1.1 This policy sets out the obligations and expectations on employees of
the Company including contractors and temporary staff, who use the
Company’s IT facilities for internet and email purposes. IT facilities are
provided to assist with day to day work. It is important that they are
used responsibly, are not abused, and that individuals understand the
legal professional and ethical obligations that apply to them.
2. Authorisation
3 Legislation
3.1 All users shall comply with the relevant legislation. This includes the
following:
Users need to be sure that they are not breaching any data protection
when they write and send emails. This could include but is not limited
to:
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Email should where possible be avoided when transmitting personal
data about a third party. Any email containing personal information
about an individual may be liable to disclosure to that individual under
the Data Protection Act 1998. This includes comment and opinion, as
well as factual information. Therefore this should be borne in mind
when writing emails, and when keeping them.
4. Responsibilities
4.1 All Users are expected to act in a manner that will not cause damage to
IT facilities or disrupt IT services. Any accidental damage or disruption
must be reported to IT / Line Manager as soon as possible after the
incident has occurred. Users are responsible for any IT activity which is
initiated under their username.
Users must not participate in any online activities that are likely to
bring the Company into disrepute, create or transmit material that
might be defamatory or incur liability on the part of the Company, or
adversely impact on the image of the Company.
Users must not visit, view or download any material from an internet
site which contains illegal or inappropriate material. This includes,
but is not limited to, pornography (including child pornography),
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obscene matter, race hate material, violence condoning messages,
criminal skills, terrorism, cults, gambling and illegal drugs.
Users must not knowingly introduce any form of computer virus into
the Company’s computer network.
Personal use of the internet must not cause an increase for
significant resource demand, e.g. storage, capacity, speed or
degrade system performance.
Users must not “hack into” unauthorised areas.
Users must not download commercial software or any copyrighted
materials belonging to third parties, unless such downloads are
covered or permitted under a commercial agreement or other such
licence.
Users must not use the internet for personal financial gain.
Users must not use the Internet for illegal or criminal activities, such
as, but not limited to, software and music piracy, terrorism, fraud, or
the sale of illegal drugs.
Users must not use the internet to send offensive or harassing
material to other users.
Use of the internet for personal reasons (e.g. online banking,
shopping, information surfing) must be limited, reasonable and
done only during non-work time such as lunch-time.
Use of gambling sites, online auction sites and social networking
sites such as, but not limited to, Facebook, LinkedIn, Youtube,
Twitter, Bebo, Flickr, MySpace etc is not permissible.
Staff may face disciplinary action or other sanctions (see below) if
they breach this policy and/or bring embarrassment on the
Company or bring it into disrepute.
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o must not use email for the creation, retention or distribution of
disruptive or offensive messages, images, materials or software
that include offensive or abusive comments about ethnicity or
nationality, gender, disabilities, age, sexual orientation, appearance,
religious beliefs and practices, political beliefs or social background.
Employees who receive emails with this content from other
employees of the Company should report the matter to their line
manager or supervisor.
o not send email messages that might reasonably be considered by
recipients to be bullying, harassing, abusive, malicious,
discriminatory, defamatory, and libellous or contain illegal or
offensive material, or foul language.
o not upload, download, use, retain, distribute, or disseminate any
images, text, materials, or software which might reasonably be
considered indecent, obscene, pornographic, or illegal.
o not engage in any activity that is likely to
Corrupt or destroy other users’ data or disrupt the
work of other users
Waste staff effort or Company resources, or engage in
activities that serve to deny service to other users
Be outside of the scope of normal work-related duties
– for example, unauthorised selling/advertising of
goods and services
Affect or have the potential to affect the performance
of damage or overload the Company system, network,
and/or external communications in any way
Be a breach of copyright or license provision with
respect to both programs and data, including
intellectual property rights
Staff who receive improper email from individuals inside or outside the
Company, should discuss the matter in the first instance with their line
manager or supervisor.
5 Good Practice
5.1 The Company has good practice guidelines for dealing with email when
staff are out of the office for longer than three days. When activating
the "out of office" facility messages should name an alternative
member of staff for correspondents to contact if necessary. This will
ensure that any important messages are picked up and dealt with
within required timescales.
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5.3 Where sensitive and confidential information needs to be sent via email
for practical reasons, please be aware that email is essentially a non-
confidential means of communication. Emails can easily be forwarded
or archived without the original sender’s knowledge. They may be read
by persons other than those they are intended for.
5.4 Users must exercise due care when writing emails to avoid being rude
or unnecessarily terse. Emails sent from the Company may be
interpreted by others as Company statements. Users are responsible
for ensuring that their content and tone is appropriate. Emails often
need to be as formal and businesslike as other forms of written
correspondence.
5.5 Users should delete all personal emails and attachments when they
have been read and should also delete all unsolicited junk mail. In the
process of archiving emails, users should ensure inappropriate material
is not archived
6.1 There may be circumstances where Users feels that the nature of their
work means that they are required to access or use material prohibited
under this policy. If so, this should be discussed with the Line Manager
concerned. The Company is legally responsible for the content and
nature of all materials stored on/accessed from its network.
7 Remote Users
7.1 Users may sometimes need to use Company equipment and access
the Company network while working remotely, whether from home or
while travelling. The standards set out in this document apply whether
or not Company equipment and resources are being used.
8 Monitoring
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inspect and review all data recorded in those systems. This will be
undertaken by authorised staff only. Any information stored on a
computer, whether the information is contained on a hard drive, USB
pen or in any other manner may be subject to scrutiny by the
Company. This examination helps ensure compliance with internal
policies and the law. It supports the performance of internal
investigations and assists in the management of information systems.
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SECTION 2 – M ANAGING E MPLOYEE PERFORMANCE : SETTING
OBJECTIVES, ASSESSING AND MANAGING EMPLOYEE PERFORMANCE
INCLUDING ABSENCES, MISCONDUCT AND CAPABILITY ISSUES
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5. Performance Appraisal Policy
1. Appraisal Policy
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8. The appraisal process will provide management with valuable data to
assist succession planning.
9. The appraisal process will be a fair and equitable process in line with
our Equality Policy.
The discussion will be held in private. Information shared during the appraisal
will be shared only with senior management. The exception is training needs,
that will be provided to the HR / administration for action. Confidentiality of
appraisal will be respected.
The appraiser (usually the employee’s line manager) will be expected to have
successfully completed appraiser training, and to be familiar with the
appraisee’s work.
A time and venue for the discussion will be advised at least one week before
the meeting takes place.
The appraisal discussion will allow an opportunity for both the appraisee, and
the appraiser to reflect and comment on the previous year’s achievements. It
will praise achievement and encourage the appraisee in his/her role.
The appraiser is accountable for giving the employee constructive, timely and
honest appraisals of their performance, which should take into account both
the goals of the organisation and of the individual.
The discussion should be a positive dialogue, and will focus on assisting the
appraisee to acquire the relevant knowledge, skills and competencies to
perform his/her current role to the best of his/her abilities.
The appropriate forms will be completed and signed by both parties. The
appraisee will be given the opportunity to note any comments that he/she
does not agree with and complete a self assessment.
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aspirations and the organisation’s requirements, and should align personal
and organisational goals. The organisation and the line manager will support
the individual to achieve these goals during the forthcoming year.
Senior Management are responsible for the appraisal process, and he/she
shall ensure that appraisers and appraisees are adequately equipped and
trained to undertake the performance appraisal.
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<Company>
38
REVIEW OF LAST YEARS PERSONAL PERFORMANCE
39
PERSONAL DEVELOPMENT PLAN
40
What key skills and competencies are required to allow the individual to meet their job objectives this year
and what is their current level of ability / confidence with each of these.
Based on the above, what specific training or development activities would enhance their ability to meet
their objectives? (Consider not just training courses, but also activities such as mentoring, shadowing etc.)
APPRAISERS COMMENTS
APPRAISEES COMMENTS
REVIEWERS COMMENTS
1. Policy
It is recognised by the Company that from
time to time staff may require to be absent
from their place of work due to illness. The
length of time lost by employees through “<Company> values
illness must however be monitored to good attendance at
ensure that each member of staff is able to work and is
do their job, effectively and without putting committed to
themselves or others at risk. It is not the improving the
intention of the Company to penalise the general wellbeing of
genuinely sick, however it must be its employees to
recognised that an employee who is achieve this.
medically unfit to carry out his/her Although we aim to
contractual duties may not be able continue secure regular
in that employment. attendance, we do
not expect
Managers will consider cases of sickness employees to attend
absence on an individual basis and ensure when they are
the provision of appropriate support, advice unwell.”
and Occupational Health / Company
Approved Doctor input where appropriate.
However, it is recognised that in some
cases, patterns/levels of absence will be unacceptable and formal management
action will be required.
Employees who become aware that they have an illness problem are encouraged to
inform their manager at the earliest opportunity. All such requests will be dealt with
as speedily and compassionately as possible.
Stage 1
In situations where an employee's sickness record is giving some cause for concern,
then the employee's Line Manager will discuss those concerns with the employee,
providing support and counselling where appropriate. It is essential that any
message conveyed in this manner is clear and unambiguous.
Stage 2
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If there is no obvious improvement in the health of the employee or any sign of
patterns emerging in an employee's absence then the line manager would arrange
for the employee to meet the next-in-line manager who would 'formally' review the
employees case. At this formal stage the employee must be offered the opportunity
for appropriate representation by a work colleague or trade union official.
The employee must be given the outcome of this meeting in writing and where
appropriate they must be given notice that their level of absence is unacceptable and
a period of time to improve.
Stage 3
If the employee fails to improve in the given time scale then a formal second Review
must be undertaken. If possible, a more senior manager should chair this meeting.
The employee must be offered the opportunity for appropriate representation at this
time.
Prior to the Meeting the employee must be seen by the Occupational Health /
Company Approved Doctor who will give his opinion on the employee's health. The
employee must be given the results of this meeting in writing. Where appropriate
they must be given notice that their level of absence is unacceptable and that they
are given a period of time during which to reduce their level of absence. The
employee must also be informed at this stage if any further absences may result in
their employment being terminated due to incapacity.
Stage 4
If there is still no improvement within the laid down time scale a Review will be held
with the appropriate Senior Manager / Director in the chair. The employee must be
offered the opportunity for appropriate representation at this meeting. The Director /
Manager will review all the available evidence including the Doctor's report.
If there are no special circumstances the employee will be dismissed on the grounds
of incapacity and their inability to meet the acceptable standards of attendance
required by the Company.
4. Appeals
Every employee has the right to appeal against the outcome of any formal review
stage of the absence procedure. The basis of an appeal should normally relate to
one of the following areas:
44
the same way, but should be heard by a Director / senior manager who has not
previously been involved in the case.
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5. Procedures Check List
Stage 1
Return to Work Interview
This is an informal part of the Procedure, however in order to give the
process credibility the following rules should be followed :-
Every employee should complete a 'Return to work interview' form
with their immediate line manager.
Interviews should be carried out in an area where there will be no
interruptions and where both parties may feel at ease.
The employee should always be informed of the reason for the
meeting.
The meeting should be prefaced by an indication of concern for the
employee as well as the need for the Manager to be aware of the
health of his/her employees.
The employee should be encouraged to discuss any problems they
may be having with their health and to actively contribute to the
solution to the problem.
Any apparent problem or patterns of absence should be brought to
the employees attention.
All relevant absence documentation must be recorded on the
employees personnel file.
Counselling
As the first step in procedure it is vital that the message conveyed is
clear and unambiguous.
Prior to counselling, full details of the employees absence record along
with reasons should be made available to both participants.
The employee should be made aware of the date and location of the
Meeting and the reasons for it.
The employee should be given the opportunity to explain absence
records and present any evidence required.
If there are medical problems it may be necessary to adjourn the
Meeting for medical advice.
The Manager/Supervisor will advise the employee of the outcome of
the meeting and where appropriate of the need for improvement of
their current absence level. Written confirmation of the outcome of the
meeting will be given to the employee and a copy recorded on their
personnel files.
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Stage 2
Prior to calling a hearing, full details of absence record along with
reasons should be made available to all participants.
The employee should be made aware of the date and location of
the Review and the reasons for it.
In addition they should be informed of the right to be represented at
the Review.
The employee should be given the opportunity to explain absence
records and present any evidence required.
If there are medical problems it may be necessary to adjourn the
Meeting for medical advice.
The Manager should set out clearly the improvements expected
and the time scale over which these improvements must be
achieved.
The employee should be informed in writing of the requirements
and the time scale and advised if the warning is to be recorded on
his record.
Any warning letter should be copied to the Trade Union
Representative if present at the hearing. The employee must be
informed of their right to appeal against this decision.
Any warnings issued will remain on the record for 12 months.
Stage 3
If there has been no improvement in the absence record in the
period set at the first Review or there has been a further breach of
policy during the lifetime of a written warning then the employee
must be informed and asked to attend a Second Review. In addition
they should be informed of the right to be represented at the
Review.
Medical reports must be sought prior to the date of the Meeting and
results made available to both parties.
The employee should be given the right to present any evidence in
mitigation.
The employee should be informed of the need to improve their
record and the possibility of dismissal if they do not do so. The
employee must be informed of their right to appeal against this
decision. (see Appeals). This should be confirmed in writing to the
employee and held on their personnel file for 18 months.
Stage 4
The employee must be given full details of the case and the
possible consequences prior to attendance. The employee must
also be informed of their right to representation at this meeting.
47
All medical evidence should be taken and considered before a final
decision is taken.
If the decision is taken to dismiss the employee then this should be
done by giving full entitlement to notice (even if sick pay is
exhausted).
The employee must be informed of their right to appeal against this
decision. (see appeals).
48
<COMPANY>
Name
Designation
Department
Reason for absence(Please give a brief description of the illness or other reason for
absence)
49
I understand that if I knowingly provide inaccurate or false information regarding my
absence it may result in disciplinary action
Employees Signature
Managers Signature
50
7. Disciplinary Procedure
1. Scope
The Company Disciplinary Procedure will be used only when necessary and as a
last resort. Where possible, informal and/or formal counselling or other good
management practice will be used to resolve matters prior to any disciplinary action
being taken. The procedure is intended to be positive rather than punitive but takes
cognisance of the fact that sanctions may have to be applied in some circumstances.
An employee suspended from duty will receive written confirmation within three days
of:
3. Counselling
51
the employee must also be told, where appropriate, that failure to improve
may result in formal disciplinary action.
A record of the counselling should be given to the employee and a copy retained in
their personnel file. It is imperative that any counselling should be followed up and
improvements recognised and recorded. Once the counselling objectives have been
met, any record of the counselling will be removed from the employees file.
If during counselling it becomes clear that the matter is more serious, then the
discussion should be adjourned, and pursued under the formal disciplinary
procedure.
2. A report should be prepared which outlines the facts of the case. This should
be submitted to the appropriate senior manager / Director who will decide
whether further action is required. Where appropriate, this report may be
made available to the individual and their representative.
4. Following the full presentation of the facts, and the opportunity afforded to the
employee to state his side of the case, the hearing should be adjourned, and
everyone would leave the room except the senior manager / Director hearing
the case, and the other manager. They would discuss the case and decide
which of the following option was appropriate:
5. All parties should be brought back, and informed as to which option has been
chosen. Should the decision be taken to proceed to a disciplinary hearing,
then this may follow on immediately from the investigatory hearing if the
following criteria have been met:
52
the employee has been informed by letter that the investigation may turn into
a disciplinary hearing, and that he has the right of representation
he has been told in advance what the nature of the complaint is, and had time
to consult with a representative
all the facts have been produced at the investigatory hearing, and the
manager / Director is in a position to decide on disciplinary action.
the manager should inform the employee and their representative that the
hearing would now become a formal disciplinary hearing, and invite them to
say anything further in relation to the case.
7. Should anyone who is subject to disciplinary action resign during the course
of it, the action will cease unless there are extenuating circumstances which
require it's continuance. The subject of the discipline may also request that
the disciplinary action continue.
5. Warnings
Below are listed examples of misconduct which may warrant either a Verbal Warning
or a First Written Warning. It is stressed however that this list is not exhaustive and
that on all occasions a full and proper investigation must take place prior to the issue
of a warning.
Verbal Warning
a verbal warning has not been heeded and the misconduct is either repeated
or performance has not improved as previously agreed.
53
an offence is of a more serious nature for which a written warning is more
appropriate.
the recurrence or accumulation of an offence/offences, if left, will lead to more
severe disciplinary action.
54
Dismissal
Warnings issued to employees shall be deemed to have expired after the following
periods of time.
These time scales remain provided that during that period, no further warnings have
been issued in respect of the employee's conduct.
6. Letter of Warning
The letter must be issued within 7 days of the date of the disciplinary
hearing.
The nature of the offence and where appropriate, that if further misconduct
occurs, more severe disciplinary action will be taken.
The period of time given to the employee for improvement.
The employees right to appeal to the manager directly above that of the
one issuing the warning.
A copy of the warning and any supporting documentation must be
attached to the individuals personnel file.
The employee must also receive a copy of the warning which in the case
of any written warning will be sent to their home address by recorded
delivery if not handed to them in person.
In the case of a final written warning, reference must be made to the fact
that any further misconduct will lead to dismissal, and that the employee
has the right of appeal, and to who they can make that appeal.
The reason for dismissal and any administrative matter arising from the
termination of their employment.
The employees right of appeal and to whom they should make that appeal
55
7. Appeals
Every employee has the right to appeal against the outcome of a disciplinary
hearing. The basis of an appeal should normally relate to one of the following areas:
An appeal should be put in writing to the HR Department / Head Office. The letter of
appeal may be constructed by the employee or their representative. The letter
should contain the grounds for appeal and should be lodged within 10 days of receipt
of the warning / dismissal letter.
An appeal will be arranged within 20 working days of receipt of the appeal letter.
In the case of verbal and first warnings, the appeal will be heard by the manager
next in line to the one who issued the warning.
The hearing and determining of appeals against final warnings and dismissal will be
heard by the appropriate Director or Chief Executive. They may also involve another
senior manager / Director not previously involved with the case.
Witnesses may be required by either party at an appeal hearing, dependent upon the
circumstances and nature of the case. However, there is no specific obligation on
either party to produce a witness. Either party must give 5 days prior notice that they
intend to call specific persons involved or associated with the case under
consideration.
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8. Capability Procedure
1. Introduction
The procedures set out in this document aim to ensure that there is:
2. Procedure
57
Where an employee of the Company exhibits an inability to perform their duties
satisfactorily, the Company will attempt to resolve the matter informally via a meeting
between the Line Manager and the member of staff. The nature and date of the
meeting will be recorded and a letter sent to the member of staff indicating the nature
of their unsatisfactory performance and how such performance can be improved to
the satisfaction of the Line Manager. The member of staff should be informed that
they may be accompanied at any meetings by a trade union representative or work
colleague.
At this meeting, the line manager will agree performance standards with the member
of staff, and a time period (normally three months) over which improvement will be
expected. They will also agree how the individual’s performance will be monitored.
If the individual’s performance improves adequately over the timescale, then the
process will terminate at this stage. If performance remains unsatisfactory, then the
formal procedure will be invoked by the Line Manager as set out in stage 2.
The Senior Manager / Director of the Line Manager concerned may call on the
support of an external advisor or another member of the Management Team, to
undertake collecting the necessary information. They would be expected to interview
the member of staff concerned and the Line Manager, as well as any other
appropriate individuals. The member of staff should be informed that they may be
accompanied at any meetings by a trade union representative or work colleague.
A written report based on evidence gained e.g. by interviews and observation of
performance will be prepared by the advisor / Manager. The report should be precise
and specific in the observations and comments it makes and shall contain clear
information on:
The report should be given to the member of staff concerned and to the Line
Manager. Both may record in writing any comments on the observations contained
within the report.
The Senior Manager / Director will consider the report, and may opt to take one of
the following options:
no further action
instruct the line manager to set reasonable performance standards for the
individual and monitor these for a set period of time. (This option should be
58
chosen if this has not previously been carried out adequately and at least
three months given to improve)
convene a formal capability hearing to consider the matter further
The Senior Manager / Director will write to the member of staff informing them of the
date of the hearing, attaching any relevant documentation. The letter shall contain:
At the hearing, the member of staff will be given the opportunity to put forward a
defence, to bring witnesses in support of their defence, to present mitigating
circumstances and to make a full statement. A written copy of the procedure to be
adhered to during the hearing should be made available to the member of staff
before the hearing takes place.
A letter should be sent to the member of staff confirming the decision and the
reason(s) why it was made. The letter will also indicate that the member of staff's
progress will continue to be monitored and how this will be carried out. A time scale
for performance to improve and a review date(s) will be specified.
If the failings are found to be not sufficiently serious to warrant a formal warning or
where there are mitigating circumstances, then monitoring should be discontinued
subject to a clear indication to the member of staff that it may be reintroduced if the
problem(s) reappear.
If poor performance continues, the process set out in stage 3 should be repeated.
The time scale for improvement will depend on the nature of the duties and
responsibilities of the employee concerned and the seriousness of the complaint(s).
If the conclusion of the second hearing is that performance has not sufficiently
improved and that there is still evidence of incapability despite support and prior
warnings, a final warning should be issued.
59
The letter confirming the decision as well as covering the points made at Stage 3,
should clearly state that if an improvement is not forthcoming, the Company will
convene a final meeting at which it will consider terminating the contract of the
member of staff involved on the grounds of capability.
The appropriate Director will conduct the third hearing at which if previous advice,
training and warnings have not had the desired effect, he/she will terminate the
contract of the employee concerned. The procedures outlined in Stage 3 will be
followed.
3. Appeals
4. Long-Term/Persistent Illness
Where any shortfall in expected performance arises from long term or persistent
illness the Company shall refer to the Management of Absence policy.
60
SECTION 3 - DEALING WITH E MPLOYEE CONCERNS: Hearing Grievances,
Dealing with Bullying & Harassment, and making provisions for
“Whistleblowing”
61
9. Grievance Procedure
The grievance procedure is intended as the tool by which a member of staff may
formally have a grievance, regarding any condition of their employment, heard by the
management of the Company. The aggrieved employee has the right to
representation by a Trade Union Representative or a work colleague
1. Stage 1
An employee who has a grievance, should raise the matter with his line manager /
supervisor immediately either verbally or in writing. If the matter itself concerns the
employees immediate manager, then the grievance should be taken to their superior.
If the manager is unable to resolve the matter at that time then a formal written
grievance form should be submitted (see appendix 1). The manager should then
respond within 2 working days (i.e. the managers normal working days) to the
grievance unless an extended period of time is agreed upon by both parties. The
response will give a full written explanation of the mangers decision and who to
appeal to if still aggrieved.
2. Stage 2
In most instances the Company would expect the mangers' decision to be final and
for the matter to come to a close. However, in some circumstances the employee
may remain aggrieved and can appeal against the decision of the manager
concerned.
The appeal, to the manager next in line, must be made within ten working days of
the original response to the employees grievance. The appeal must be in writing
62
(see appendix 2) and contain the original formal Grievance form. This manager will
attempt to resolve the grievance. A formal response and full explanation will be give
in writing, as will the name of the person to whom they can appeal if still aggrieved,
within 7 days.
Where the 'next in line' manager at this stage is the Director with responsibility for
the employees function, then the grievance should immediately progress to stage 3.
3. Stage 3
If the employee remains aggrieved there will be a final level of appeal to the Director
responsible for the employees function. This appeal must be made in writing (see
appendix 3), enclosing a copy of the original Formal Grievance form, to the Director
within ten working days of receipt of the Stage 2 response. This Director will arrange
and hear the appeal with another management representative and respond formally
with a full explanation within 20 working days.
Where a grievance is raised against a Director then the grievance will be heard by
the Chief Executive.
There is no further right of appeal. Where however both parties agree that there
would be some merit in referring the matter to a third party for advice, conciliation or
arbitration, arrangements will then be made to find a mutually acceptable third party.
4. Using mediation
An independent third party or mediator can sometimes help resolve grievance issues
before it is necessary to invoke the formal procedure. Mediation is a voluntary
process where the mediator helps two or more people in dispute to attempt to reach
an agreement. Any agreement comes from those in dispute, not from the mediator.
The mediator is not there to judge, to say one person is right and the other wrong, or
to tell those involved in the mediation what they should do. The mediator is in charge
of the process of seeking to resolve the problem but not the outcome.
<Company> will seek to identify employees who have been trained and accredited
by an external mediation service who can act as internal mediators in addition to
their day jobs. When this is not appropriate the Company will source an external
mediation provider. Mediators will work individually or in pairs as co-mediators.
There are no hard-and-fast rules for when mediation is appropriate but it can be
used:
63
Mediation is not part of <Company>’s formal grievance procedure. However if both
parties agree to mediation, then the grievance procedure can be suspended in an
attempt to resolve the grievance through that route. If mediation is not successful,
then the grievance procedure can be re-commenced.
64
5. Appendices
Appendix 1
To:
From:
Dept:
Date:
Immediate Superior:
Dear
in line with the Company Grievance Procedure. The details of my grievance are
shown below :
Yours sincerely,
65
Appendix 2
To
From
Dept
Date
Immediate Superior
Dear
I enclose a copy of the original letter regarding this matter and other correspondence
and information related to it.
Yours sincerely
(Manager should respond to this formal written grievance within 7 days unless
an extended period for response is mutually agreed)
66
Appendix 3
To (Director):
From:
Dept:
Date:
Immediate Superior:
Dear
On (within 10 days of the response to the second stage of the formal grievance) I
appealed to against the decision made at my initial grievance against
I remain dissatisfied with the outcome of this meeting and would like to appeal to you
for a further hearing of my grievance, in line with the Company Grievance Procedure.
I enclose a copy of the original letter regarding this matter and other correspondence
and information related to it.
Yours sincerely
67
10. Prevention of Bullying and Harassment at Work
1. Statement of Policy
1. <Company> is committed to
encouraging and maintaining good
employee relations within a working
environment which fosters team The Company
working and encourages employees believes that the
to give of their best. Everyone in working environment
the Company and those who have should at all times be
dealings with the Company has a supportive of the
responsibility to maintain good dignity and respect
working relationships and not use of individuals. If a
words or deeds that may harm the complaint of
wellbeing of others. In addition to harassment is
the obligations placed upon both brought to the
employers and employees by the attention of
Equality and Human Rights management, it will
legislation, everyone has the right to be investigated
be treated with consideration, promptly and
fairness, dignity and respect. This appropriate action
contributes to a workplace will be taken.
environment in which individuals feel
safe and can work effectively
competently and confidently.
2. The Company’s policy applies to all staff working within the organisation and
to all employees working off the premises. It extends to include non-
permanent workers such as secondees, contractors, agency, temporary staff,
consultants and any other workers. The policy, in addition, covers the
behaviour of staff outside working hours which may impact upon work or
working relationships.
3. The Company has a “zero tolerance” policy and will investigate vigorously any
allegations of bullying or harassment, regardless of whether the matter has
been raised formally or informally.
2. Key Principles
4. The Company will provide and sustain a safe working environment in which
everyone is treated fairly and with respect. Those working or dealing with the
Company must not encounter harassment, intimidation or victimisation on the
basis of gender, race, colour, ethnic or national origin, sexual orientation,
marital status, religion or belief, age, trade union membership, disability,
offending background or any other personal characteristic.
68
5. Everyone carries a personal responsibility for their own behaviour and for
ensuring that their conduct is in accordance with the principles set out in this
policy. In addition, each person has a responsibility to report any instance of
bullying or harassment which they witness or which comes to their attention.
Employees have a responsibility to act as role models, pro-actively
addressing instances of bullying and harassment. Managers should also
make themselves aware of their responsibility.
69
behaviour rather than the intent of the perpetrator that is the
determinant as to whether harassment or bullying has occurred.
15. This policy and procedure will be reviewed periodically giving due
consideration to legislative changes.
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APPENDIX
3. Procedure
1. Informal Resolution
1.1 Very often people are not aware that their behaviour is unwelcome or
misunderstood and an informal discussion can lead to greater understanding
and agreement that the behaviour will cease.
1.2 Complainants are therefore encouraged to try, if they feel able to do so, to
resolve the problem informally by making it clear to the alleged harasser that
his/her actions are unwanted and should not be repeated. This may be done
verbally or in writing in which case the complainant should keep a copy of the
documentation and, where possible, the times and dates of incidents should
be recorded.
1.3 If the complainant feels unable to approach the alleged harasser, a work
colleague, or Trade Union representative could be asked to speak to the
alleged harasser on the complainant’s behalf. A note should be made of the
action taken and the matter notified to Human Resources.
1.4 An individual who is made aware that their behaviour is unacceptable should:-
Listen carefully to the complaints and the particular concerns
raised;
Respect the other person’s point of view: everyone has a right to
work in an environment free from harassment/intimidation;
Understand and acknowledge that it is the other person’s
reaction/perception to another’s behaviour that is important;
Agree the aspects of behaviour that will change;
Review their general conduct/behaviour at work and with
workplace colleagues.
2. Formal Resolution
2.1 If the alleged harassment continues, the complainant feels unable or unwilling
to deal with the matter informally, or the allegation is so serious as to prevent
use of the informal procedure, a complaint should then be raised formally with
the employer.
2.2 Normally, the employer’s representative will be the employee’s line manager.
However, if the employee feels unable to do this they should submit the
complaint in writing to a more senior manager within their Department or
Directorate. In exceptional circumstances, allegations may be raised directly
with the relevant Director, who will with other appropriate senior managers,
arrange for the matter to be progressed in accordance with this policy and
procedure.
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2.3 When dealing with a complaint of harassment under the Formal Resolution
Procedure, the relevant manager should:
a Take full details of the incidents in writing from the complainant and
their representative (if appropriate);
e Inform all parties in writing of the outcome and any action that may be
required.
2.4 If the allegations and the working situation warrant it, the alleged harasser
may be suspended during the investigation (in accordance with established
disciplinary procedure) or transferred temporarily pending the outcome of the
inquiry to another Department.
2.5 Should there be a case to answer against the alleged harasser, the manager
who has dealt with the complaint will communicate this to an impartial
manager who will conduct a separate disciplinary investigation. The normal
disciplinary procedure for misconduct/gross misconduct should then be
followed. However, the following points should be taken into account:-
2.6 If the complaint is upheld at the disciplinary stage, there are a number of
possible outcomes for the harasser, depending on the evidence presented
and the circumstances. These could include, but are not limited to:-
Dismissal
A formal warning
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Implementation of other sanctions as detailed in the Company’s
Disciplinary Policy.
2.7 In addition to the above, the harasser may be required to attend any training
courses as deemed necessary by the Company.
2.8 It should also be noted that the complainant may wish to move
Department/section depending upon the nature of the complaint and the
people involved. Appropriate consideration should be given to this request
and the outcome with reasons provided to the complainant.
2.9 With any allegation, the need for a thorough and objective investigation is
paramount. Consequently, if through the course of the investigation evidence
demonstrates that the allegation has been made frivolously, maliciously, or for
personal gain, then the individual making the complaint will be subject to
Disciplinary proceedings as outlined in the Company’s Disciplinary Policy.
3. Appeals
Appeals against decisions taken under the Bullying and Harassment at Work Policy
and Procedure shall be dealt with as follows:-
4. Records
Where the complaint is informal and resolved at this stage, no record will be kept on
personal files.
Where the matter proceeds to a disciplinary hearing then the storage of records
should be in accordance with the disciplinary procedure.
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11. "Whistleblowing" Policy
(Making a Disclosure in the Public Interest)
1. Introduction
The Public Interest Disclosure Act, which came into effect in 1999, gives legal
protection to employees against being dismissed or penalised by their employers as
a result of publicly disclosing certain serious concerns. The Company has endorsed
the provisions set out below so as to ensure that no members of staff should feel at a
disadvantage in raising legitimate concerns.
It should be emphasised that this policy is intended to assist individuals who believe
they have discovered malpractice or impropriety. It is not designed to question
financial or business decisions taken by the Company nor should it be used to
reconsider any matters which have already been addressed under harassment,
complaint, disciplinary or other procedures. Once the "whistleblowing” procedures
are in place, it is reasonable to expect staff to use them rather than air their
complaints outside the Company.
2. Scope of Policy
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Financial malpractice or impropriety or fraud
Failure to comply with a legal obligation or Statutes
Dangers to Health & Safety or the environment
Criminal activity
Improper conduct or unethical behaviour
Attempts to conceal any of these
3. Safeguards
i. Protection
This policy is designed to offer protection to those employees of the Company who
disclose such concerns provided the disclosure is made:
in good faith
in the reasonable belief of the individual making the disclosure that it
tends to show malpractice or impropriety and if they make the
disclosure to an appropriate person (see below). It is important to note
that no protection from internal disciplinary procedures is offered to
those who choose not to use the procedure. In an extreme case
malicious or wild allegations could give rise to legal action on the part
of the persons complained about.
ii. Confidentiality
The Company will treat all such disclosures in a confidential and sensitive manner.
The identity of the individual making the allegation may be kept confidential so long
as it does not hinder or frustrate any investigation. However, the investigation
process may reveal the source of the information and the individual making the
disclosure may need to provide a statement as part of the evidence required.
This policy encourages individuals to put their name to any disclosures they make.
Concerns expressed anonymously are much less credible, but they may be
considered at the discretion of the Company.
In exercising this discretion, the factors to be taken into account will include:
75
disclosure the individual should exercise due care to ensure the accuracy of the
information. If, however, an individual makes malicious or vexatious allegations, and
particularly if he or she persists with making them, disciplinary action may be taken
against that individual.
On receipt of a complaint of malpractice, the member of staff who receives and takes
note of the complaint, must pass this information as soon as is reasonably possible,
to the appropriate designated investigating officer as follows:
Should none of the above routes be suitable or acceptable to the complainant, then
the complainant may approach one of the following individuals who have been
designated and trained as independent points of contact under this procedure. They
can advise the complainant on the implications of the legislation and the possible
internal and external avenues of complaint open to them:
1 _________________________________________________
2________________________________________________
If there is evidence of criminal activity then the investigating officer should inform the
police. The Company will ensure that any internal investigation does not hinder a
formal police investigation.
5. Timescales
Due to the varied nature of these sorts of complaints, which may involve internal
investigators and / or the police, it is not possible to lay down precise timescales for
such investigations. The investigating officer should ensure that the investigations
76
are undertaken as quickly as possible without affecting the quality and depth of those
investigations.
All responses to the complainant should be in writing and sent to their home
address.
6. Investigating Procedure
If the complainant is not satisfied that their concern is being properly dealt with by
the investigating officer, they have the right to raise it in confidence with the Chief
Executive / Chairman, or one of the designated persons described above.
If the investigation finds the allegations unsubstantiated and all internal procedures
have been exhausted, but the complainant is not satisfied with the outcome of the
investigation, the Company recognises the lawful rights of employees and ex-
employees to make disclosures to prescribed persons (such as the Health and
77
Safety Executive, the Audit Commission, or the utility regulators), or, where justified,
elsewhere.
78
SECTION 4 – S UPPORTING OUR STAFF IN THE WORKPLACE : By ensuring
Equality and Fairness in all aspects of Employment; dealing with Alcohol
and Drug issues, and ensuring their Health & Safety is properly guarded.
79
12. Equality Policy
1. Policy Statement
6. This policy and the associated arrangements shall operate in accordance with
statutory requirements. In addition, full account will be taken of any guidance
or Codes of Practice issued by the Equality and Human Rights Commission,
any Government Departments, and any other statutory bodies.
2. Our Commitment
80
Every employee is entitled to a working environment that promotes dignity
and respect to all. No form of intimidation, bullying or harassment will be
tolerated.
Training, development and progression opportunities are available to all
staff.
To promote equality in the workplace which we believe is good
management practice and makes sound business sense.
We will review all our employment practices and procedures to ensure
fairness.
Breaches of our equality policy will be regarded as misconduct and could
lead to disciplinary proceedings.
This policy is fully supported by senior management and has been agreed
with trade unions and/or employee representatives.
The policy will be monitored and reviewed annually
3. Responsibilities of Management
all their staff are aware of the policy and the arrangements, and the
reasons for the policy;
grievances concerning discrimination are dealt with properly, fairly and
as quickly as possible;
proper records are maintained.
4. Responsibilities of Staff
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5. Third Parties
8. Equality Training
A series of regular briefing sessions will be held for staff on equality issues.
These will be repeated as necessary. Equality information is also included in
induction programmes.
Training will be provided for managers on this policy and the associated
arrangements. All managers who have an involvement in the recruitment and
selection process will receive specialist training.
9. Monitoring
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The Company deems it appropriate to state its intention not to
discriminate and assumes that this will be translated into practice
consistently across the organisation as a whole. Accordingly, a
monitoring system will be introduced to measure the effectiveness of
the policy and arrangements.
If monitoring shows that the Company, or areas within it, are not
representative, or that sections of our workforce are not progressing
properly within the Company, then an action plan will be developed to
address these issues. This will include a review of recruitment and
selection procedures, Company policies and practices as well as
consideration of taking legal Positive Action.
10. Grievances/Discipline
11. Review
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13. Drug and Alcohol Abuse Policy
1. Introduction
1. <Company> recognises that alcohol and drug abuse related problems are an
area of health and social concern. It also recognises that a member of staff
with such problems needs help and support from his / her employer.
2. The Company also recognises that alcohol and drug abuse problems can
have a detrimental effect on work
performance and behaviour. The Company
has a responsibility to its employees and
customers to ensure that this risk is “The Company
minimised. recognises that
3. Accordingly, Company policy involves two alcohol and drug
approaches abuse problems can
Providing reasonable assistance to the have a detrimental
member of staff with an alcohol or drug effect on work
abuse problem who is willing to co- performance and
operate in treatment for that problem. behaviour. The
Disciplinary rules, enforced through Company has a
disciplinary procedures, where use of responsibility to its
alcohol or drugs (other than on employees and
prescription) affects performance or customers to ensure
behaviour at work, and where either (1) that this risk is
an alcohol or drug dependency problem minimised.”
does not exist or (2) where treatment is
not possible or has not succeeded.
4. The Company has not the internal
resources to provide or arrange treatment
or other forms of specialist assistance.
Such services are provided by GPs, hospitals and other agencies. Through
this policy the Company will seek both to assist a member of staff in obtaining
such specialist help, and to protect his/her employment.
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2. The Company's assistance will depend upon the following conditions being
met:
The Occupational Health Service / Company Approved
Doctor diagnoses an alcohol or drug dependency related
problem.
The member of staff recognises that he/she is suffering from
an alcohol or drug abuse problem and is prepared to co-
operate fully in referral and treatment from appropriate
sources.
3. The Company and its employees must recognise the following limits to the
assistance the Company can provide:
Where a member of staff fails to co-operate in referral or
treatment arrangements, no special assistance will be given
and any failure in work performance and behaviour will be
dealt with through the Disciplinary Procedure.
If the process of referral and treatment is completed but is
not successful, and failure in work performance or behaviour
occurs, these will be dealt with through the Disciplinary
Procedure.
A member of staff's continuation in his/her post or an
alternative post during or after treatment will depend upon
the needs of the Company at that time.
3. Disciplinary Action
1. In line with the Company's disciplinary rules, the following will be regarded as
serious misconduct:
a) Attending work and/or carrying our duties under the
influence of alcohol or drugs.
b) Consumption of alcohol or drugs whilst on duty (other
than where prescribed or approval has been given).
Breach of these rules will normally result in summary dismissal, and only in
exceptional cases will either notice or the reduced disciplinary action of a final
written warning be applied.
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4. Procedures
Nature of the Procedures
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a direct and demonstrable breach of the disciplinary rules regarding
alcohol or drug abuse at work), or where there is a falling off of
standards of work performance or behaviour, and abuse of alcohol
or drugs is a possible cause.
2. The immediate line manager will be responsible for responding to
such situations, carrying out either counselling or disciplinary
investigations and interviews, supported as appropriate by a more
senior Manager.
3. In such interviews the possible existence of an alcohol or drug
abuse problem should be explored. The line manager is not
required to diagnose the existence of an alcohol or drug abuse
problem, merely to assess whether such abuse is a possible factor.
4. Any requirements of the Disciplinary Procedure regarding allowing
the member of staff representation will be observed.
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member of staff . Managers must review the facts and consider
whether or not there needs to be a return to the use of Disciplinary
Procedures.
4. Where medical certificates are submitted, sick leave should be
given. Should the employee continue to be fit for work during the
period of treatment, he/she should be permitted to continue in
his/her post or alternative work unless such an arrangement would
have an adverse effect on Company services. In such
circumstances, annual or unpaid leave should be approved or,
exceptionally, suspension arranged.
5. If a member of staff has been off work during the period of
treatment, before returning to duty, he/she will be seen by the
Occupational Health Service / Company Approved Doctor who will
advise management regarding capability for continuation in his/her
own post and whether any special supervision or other arrangements
are required.
6. Every effort should be made to comply with the advice provided by
the Occupational Health Service / Company Approved Doctor. If it is
not reasonably practicable to do so, and as a result, the member of
staff is not able to resume duty, employment may be terminated on
the grounds of incapacity (ill health).
7. If a member of staff is again involved in disciplinary situations
resulting from alcohol or drug abuse related problems, a second
referral to the Occupational Health Service / Company Approved
Doctor and suspension of the disciplinary procedure may be
appropriate. If they advise positively on the possibilities of further
treatment or help and the willingness of the member of staff to co-
operate, the disciplinary procedure may be suspended again to
permit treatment and help to be undertaken. This second referral
will not apply if the further disciplinary problems involve serious
misconduct. Third and subsequent referrals are not permissible.
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the matter could be dealt with;
b) counsel the member of staff and, if appropriate, arrange
for the member of staff to be interviewed by the
Occupational Health Service / Company Approved
Doctor.
c) as in the procedure described above, the Occupational
Health Service / Company Approved Doctor will play a
facilitating role (ie) seeking to establish whether a
problem exists, advising and directing the member of staff
towards appropriate forms of treatment and help.
3. These steps cannot be taken without the co-operation of the
member of staff. If the member of staff does not wish to co-operate,
no further action should be taken.
4. Should a member of staff take up the opportunity of assistance on
this voluntary basis there need be no further formal involvement of
management in terms of action or the right to learn of progress with
treatment. It may be however that the member of staff would wish,
or agree to, further involvement of management as a means of
assisting progress with treatment.
5. Use of the disciplinary procedures and/or the application of the
approach described above would only be appropriate if
subsequently, the member of staff is involved in a breach of
disciplinary rules.
6. Should the problems of the member of staff develop to an extent
that his/her continuation in post or employment became impossible,
it may be necessary to identify alternative work or arrange for
termination, on the same basis as the Company operates for staff
with problems of incapacity due to ill health .
<OPTIONAL SECTION>-------------------------------------------------------------------------------
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risks to the health and safety of themselves or others in the
workplace. This includes consideration of the effects that
intoxication through taking alcohol or drugs may have.
2. In order to ensure compliance with the law, <Company> will
undertake drug / alcohol testing for certain key jobs within the
Company. These will be carried out pre-employment, as part of a
random testing scheme or as a result of an incident. These jobs
are:
<Insert jobs in Company which will be subject to testing –
usually posts where safety is vital such as driving or machine
operating posts> The Company reserves the right to add to or
amend this list as appropriate.
Individuals in these posts will be asked to agree to testing as
part of their contract of employment.
3. To ensure the testing is legal and safe the following arrangements
will apply:
Testing only to be carried out as a part of this policy, and
only by trained staff who will carry out the test in a non-
invasive way – usually by urine sample or exhalation;
Samples to be collected under supervised conditions but
respecting human dignity. Two identical samples are taken
either on site or split in the test laboratory;
Samples to be kept under “Chain of Custody” at all
Screening test for alcohol / common drugs to be carried out
on one sample with either positive or negative results;
Any positive results from screening to be confirmed by
approved scientific techniques;
Results to be reviewed by an expert and reported back;
Second sample to be kept for further analysis as part of any
appeal by the employee;
Confidentiality will be maintained at all times.
4. <Company> believes that effective workplace drug and alcohol
policies are a better way of achieving results than drug/alcohol
testing and that providing an environment where employees can
discuss any drug/alcohol problems they have, with the prospect of
gaining help and support will be more effective than a testing
regime. Therefore the undertaking of drug / alcohol testing in the
workplace will be minimal and used only where the Company has a
reasonable belief that abuse is taking place.
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14. Health and Safety Policy
These managers are wholly accountable to the Chief Executive for the
implementation and monitoring of the policy within the area of their specified
responsibility.
Safety Officer
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with the Health and Safety Executive, Environment Health Departments
and other external agencies;
the production and maintenance of Health and Safety Codes of Practice
for each aspect of the services within the Company.
The Company believes that consideration of the health, safety and welfare of
staff is an integral part of the management process. The provision of the Health
and Safety at Work etc Act, associated Codes of Practice and E.C. Directives will
be adopted as required standards within the Company. Responsibility for health
and safety matters shall be explicitly stated in management job descriptions.
If unpredictable health and safety issues arise during the year, the Chief
Executive must assess the degree of risk, in deciding the necessary resources
and actions to commit to addressing these issues.
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It shall be the responsibility of the manager to bring to the attention of all members of
his or her staff, the provisions of the guidelines, and to consult with appropriate
Health and Safety Representatives about the updating of these guidelines. The
model contents of a guideline are:
The information obtained by the Audit will be used to form the basis of the plan for
the department for the following year. Audits must be completed by July of each
year.
The responsibility for ensuring that audit activity is carried out as part of this policy
rests with the Chief Executive and will be carried out by the Safety Officer. Although
the Audit remains a management responsibility, managers are required as part of
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this policy to seek the involvement of the appropriate Health and Safety
Representative in the conduct of the Audit.
7. Safety Representatives
The Company will support Safety Representatives in carrying out their role and give
all reasonable assistance. Safety Representatives will be encouraged to discuss
specific health and safety issues with the relevant Head of Department. They may
also formally report hazardous or unsafe circumstances to the Head of Department
and will be formally notified of the remedial action taken or be given a reason why
the action cannot be taken.
8. Training
Health and Safety training shall be incorporated within annual training programmes,
as part of the development of a systematic training plan. Health and Safety training
needs will, therefore, be identified and planned for in the same manner as other
training needs.
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9. Records, Statistics and Monitoring
The Company will operate systems for recording, analysis and presentation of
information about accidents, hazard situations and untoward occurrences Advice on
systems will be provided by the Safety Officer, in conjunction, where appropriate with
specialist advisory bodies for example local Environmental Health Departments, and
the responsibility for the operation of these systems rests with managers and
supervisors at all levels. Information obtained from the analysis of accident statistics
must be acted upon and, where necessary, bids for additional expenditure made to
the Chief Executive.
The responsibility for meeting the requirements of the Reporting of Injuries, Diseases
and Dangerous Occurrences Regulations 1985 to the Health and Safety Executive,
shall rest with the Chief Executive as delegated to the Safety Officer.
Certain bodies and the individual members of those bodies, have always had a
Health and Safety role, most notably, the Health & Safety executive, or local
Environmental Health Departments. If further specialist advice is required, this may
be obtained by Managers from expert individuals or bodies outside the Company.
It is the policy of the Company to make provision for First Aid and the training of 'First
Aiders' in accordance with the First Aid Regulations (1982). The Safety Officer is
responsible for ensuring the Regulations are implemented and for identifying training
needs.
14. Fire
The Chief Executive is responsible for ensuring that the staff receive adequate fire
training, and that nominated fire officers are designated in all Company premises.
The Chief Executive delegates these responsibilities to the Directors.
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In addition the Company will nominate a Fire Officer (this may be the Safety Officer
or someone external to the Company)
report and advise on the standard of fire safety in the Company's premises
and the standard of fire training of its staff;
undertake overall responsibility for fire training;
assist in the investigation of all fires in the Company's premises and to
submit reports of such incidents.
Procedures for the, condemnation and disposal of equipment are set out in the
Company's Standing Financial Instructions. Managers introducing new equipment
should have new equipment checked by the Safety Officer.
Those Managers who have responsibility for food acquisition, storage, processing
and serving, and staff induction and training, are responsible for ensuring that these
functions are undertaken to the necessary legal standards. Any suspected outbreak
of food poisoning or other unexplained and possibly food related incidents must be
reported to the Safety Officer
Managers are responsible for informing staff of safe lifting techniques. The Safety
Officer will identify specific training needs. The HR Office / Head Office will ensure
training in lifting and handling is provided to staff who require it.
The Company has agreed that there will be no smoking in its buildings. The overall
aim is to reduce smoking and so save life, reduce risk of fire, prevent unnecessary
illness and chronic disability. The rules relating to smoking on Company premises
are available from the HR Department / Head Office.
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20. Computer Installations and Visual Display Units
All new computer installations must adhere to the British Standard Specifications and
comply with the Health and Safety (Display Screen Equipment) Regulations 1992. All
new employees operating VDUs are issued with a copy of the Health and Safety
Executive Booklet entitled 'Working with VDUs'. New employees who regularly use
VDUs will be required to undergo sight screening.
The Health and Safety at Work Act requires each employee 'to take reasonable care
for the Health and Safety of himself and of other persons who may be affected by
their acts and omissions' and co-operate with management to enable management
to carry out their responsibilities under the Act. Employees have equal responsibility
with the Company for Health and Safety at Work.
The refusal of any employee to meet their obligations will be regarded as a matter to
be dealt with under the Disciplinary Procedure. In normal circumstances counselling
of the employee should be sufficient. With a continuing problem, or where an
employee leaves themself or other employees open to risk or injury, it may be
necessary to implement the formal stages of the Disciplinary Procedure.
Persons working in the Company premises who are employed by other organisations
are expected to follow Company Health and Safety Policies with regard to the safety
of Company employees, their own personal safety (and that of other parties such as
the general public if appropriate) and their method of work. This responsibility will be
included in contracts or working arrangements. Similarly seconded Company
employees working in other host premises will be expected to follow the host
employers Health and Safety Policy.
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The Company wishes to ensure that as far as is reasonably practicable, the Health,
Safety and Welfare of visitors to Company establishments will be of the highest
standard.
Any member of staff who notices persons acting in a way which would endanger
other staff, should normally inform their Head of Department. If the danger is
immediate, common sense must be used to give warning, call for assistance or give
aid as necessary. It is equally important not to over-react to a situation.
25. Contractors
The Company wishes to ensure that as far as is reasonably practicable, the Health,
Safety and Welfare of Contractors working in the Company's establishments will be
of the highest standards. In addition, Contractors and their employees have an
obligation so far as is reasonably practicable to ensure all equipment, materials and
premises under their control are safe and without risks to health.
Contractors must also observe the Company's Fire Safety Procedures. These
obligations will be drawn to the attention of the Contractors in the contract document
issued to them. In addition a Company Manager will be identified in the contract as
having authority to stop the work of Contractors who are placing themselves, other
staff, or visitors at risk. Any member of staff who judges there is a risk where
contractors are working, should inform their Manager immediately.
In tendering, Contractors will be asked to confirm they have a written Health, Safety
and Welfare Policy. The Company's Manager letting the Contract will be responsible
for monitoring the Health and Safety performance of the Contractor and the
Contractor's performance will be a factor in deciding whether or not to invite the
Contractor to tender again.
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