We are pleased to welcome you to our team. We place great value on the contribution our employees make to our business and we offer continued support and encouragement to all our staff. We wish you every success during your employment with us and we hope that your experience of working with us will be enjoyable, positive and rewarding.
The Employee Handbook is designed to introduce you to our company and set out our rules and regulations. It also advises you of our policies and procedures relating to your employment, duties and responsibilities.
If you have any queries with regard to the content of the handbook then please raise these queries with your Line Manager.
General amendments to the Employee Handbook will be issued from time to time.
The Employer is committed to providing a working environment in which employees are able to realise their full potential and to contribute to business success. This is a key employment value to which all employees are expected to give their support.
In order to create conditions in which this goal can be realised, the Employer is committed to identifying and eliminating discriminatory practices, procedures, and attitudes throughout the organisation. The Employer expects employees to support this commitment and to assist in its realisation in all possible ways.
Specifically, the Employer aims to ensure that no employee or job applicant is discriminated against, either directly or indirectly, on the grounds of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. This commitment applies to all the aspects of employment outlined below:
- Recruitment and selection, including advertisements, job descriptions, interview and selection procedures.
- Promotion and career development opportunities.
- Terms and conditions of employment, and access to employment related benefits and facilities.
- Grievance handling and the application of disciplinary procedures.
- Selection for redundancy.
Equal Opportunities practice is developing constantly as social attitudes and legislation change. The Employer will keep its policies under review and will implement changes where these could improve equality of opportunity. This commitment applies to all of the Employer’s employment policies and procedures, not just those specifically connected with equal opportunity.
Employees may be required to give certain information relating to themselves in order that the Employer may properly carry out its duties, rights and obligations as the Employer. The Employer will process and control such data in line with current legislation and Regulations.
The term ‘processing’ may include the Employer obtaining, recording or holding the information or data or carrying out any set of operation or operations on the information or data, including organising, altering, retrieving, consulting, using, disclosing, or destroying the information or data. The Employer will adopt appropriate technical and organisational measures to prevent the unauthorised or unlawful processing or disclosure of data.
Further information is available from your Line Manager.
Employees may, in properly carrying out their duties, have access to, or come into contact with information of a confidential nature. Their terms and conditions provide that except in the proper performance of their duties, employees are forbidden from disclosing or making use of in any form whatsoever such confidential information. However, the law allows employees to make a ‘protected disclosure’ of certain information. In order to be ‘protected’ a disclosure must relate to a specific subject matter (listed below) and the disclosure must also be made in an appropriate way.
If in the course of employment, an employee becomes aware of information which they reasonably believe tends to show one or more of the following, they must use the Employer’s disclosure procedure set out below:
- That a criminal offence has been committed, is being committed or is likely to be committed;
- That a person has failed, is failing or is likely to fail to comply with any legal obligation to which he is subject;
- That a miscarriage of justice has occurred, is occurring, or is likely to occur;
- That the health or safety of any individual has been, is being, or is likely to be, endangered;
- That the environment, has been, is being, or is likely to be, damaged;
- That information tending to show any of the above is being or is likely to be deliberately concealed.
Disclosure Procedure
Information which an Employee reasonably believes tends to show one or more of the above should promptly be disclosed to their manager so that any appropriate action can be taken.
Employees will suffer no detriment of any sort for making such a disclosure in accordance with this procedure. However, failure to follow this procedure may result in the disclosure of information losing its ‘protected status’. For further guidance in relation to this matter or concerning the use of the disclosure procedure generally, employees should speak in confidence to a Manager.
We have the contractual right to carry out searches of employees and their property (including vehicles) whilst they are on our premises or business.
Where practicable, searches will be carried out in the presence of a colleague of your choice who is available on the premises at the time of the search. This will also apply at the time that any further questioning takes place.
You may be asked to remove the contents of your pockets, bags, vehicles, etc.
Whilst you have the right to refuse to be searched, such refusal will constitute a breach of contract, which could result in your dismissal.
We reserve the right to call in the police at any stage.
Maternity/Paternity/Adoption Leave
There is no contractual maternity/paternity or adoption pay in addition to the statutory. If you (or your partner) become pregnant or if you are informed that a child is to be placed with you by an Adoption Agency, you should notify your line manager at the earliest possible opportunity so that your entitlements can be explained to you.
Maternity Leave and Pay
Subject to eligibility, pregnant employees are entitled to a total of 52 weeks’ maternity leave. This is broken down as follows:
- 26 weeks’ Ordinary Maternity Leave
- 26 weeks’ Additional Maternity Leave
Employees will be subject to Compulsory Maternity Leave whereby they will not be permitted to work for 2 weeks’ after your baby has been born (4 weeks for factory workers).
The Company does not operate an occupational maternity scheme and therefore Statutory maternity entitlements will apply. Whether an employee may be entitled to receive statutory maternity pay will be assessed upon receipt of their MATB1. Should an employee qualify for SMP it is paid over a 39-week period and this is paid as follows:
- The first six weeks of maternity leave are paid at 90% of their normal weekly earnings;
- The remaining 33 weeks are paid at the prescribed rate of statutory maternity pay.
- Pregnant employees are entitled to paid time off to attend ante-natal appointments.
Adoption Leave and Pay
Subject to eligibility, an employee who is the ‘main adopter’ of a child is entitled to a total of 52 weeks’ adoption leave. This is broken down as follows:
- 26 weeks’ Ordinary Adoption Leave
- 26 weeks’ Additional Adoption Leave
The Company does not operate an occupational adoption scheme and therefore Statutory adoption entitlements will apply. Should an employee qualify for statutory adoption pay it is paid over a 39-week period and this is paid as follows:
- The first six weeks of adoption leave are paid at 90% of their normal weekly earnings;
- The remaining 33 weeks are paid at the prescribed rate of statutory adoption pay.
Pregnant employees are entitled to paid time off to attend adoption appointments.
Paternity Leave and Pay (birth or adoption)
Subject to eligibility, employees are entitled to take up to two consecutive weeks of leave as paternity leave. Employees are entitled to receive statutory paternity pay. This is paid at the statutory rate.
Shared Parental Leave (SPL)
Parents of children (or adopted children) may, subject to eligibility, be entitled to choose how they share parental leave in the child’s first year. If eligible, employees are entitled to take SPL and be paid for SPL in line with the statutory provisions. For further details, please refer to your line manager.
Shared Parental Leave – Pay
Subject to eligibility, employees are entitled to take up to 52 weeks’ shared parental leave.
The Company does not operate an occupational shared parental scheme and therefore Statutory shared parental entitlements will apply. Should an employee qualify for statutory shared parental pay, it is paid for up to 39 weeks and is paid at the statutory rate.
Parental Leave
To take a period of parental leave in relation to a child, you must:
- Have at least one year’s continuous employment;
- Have or expect to have responsibility for the child (up to the child’s 18th birthday); and,
- be taking the leave to spend time with or otherwise care for the child.
Employees who fulfil the criteria are entitled to take up to 18 weeks’ unpaid parental leave in relation to each child for whom they are responsible.
Unless the leave is to be taken in respect of a child entitled to a disability living allowance, you:
- Are only entitled to take four weeks’ parental leave each year in relation to each child. A year for this purpose begins on the date when you became entitled to take parental leave in relation to the child in question.
Parents must give 21 days’ written notice to take parental leave and it must be taken in blocks of multiples of one week (part weeks, including single days or part days, count as whole weeks) up to a maximum of four weeks in any one year. Parents of disabled children must give 21 days’ written notice and have the additional flexibility to take leave in days without them being counted as whole weeks, although part days count as full days.
Leave can be postponed by the Employer for up to six months where the business has a justifiable reason for the delay, except when a father gives the above advance notice to take leave immediately after the date when the child is born or when the partner of an adoptive parent gives the above advance notice to take leave immediately after the date when the child is placed for adoption. In circumstances where leave is postponed, the Employer will consult with you in order to try to agree a suitable alternative leave date.
The Employer recognises that time off for dependants is designed to support employees where emergencies arise that are related to children or dependants. The Company will allow employees to take reasonable unpaid time off work to deal with an emergency involving a dependant. This leave is intended to cover genuine emergencies.
A dependant is defined by the statute as;
‘the partner, child, or parent of the employee, or someone who lives with the employee as part of their family. It does not include tenants or boarders living in the family home, or someone who lives in the home as an employee, e.g. a live in nanny. In cases of illness, injury or where care arrangements break down, a dependant may also be someone who can reasonably be said to rely on the employee for assistance’.
Leave may be granted to an employee for the purpose of dealing with a situation involving a dependant such as for example:
- A child or dependant who is sick, injured or assaulted
- An adult for whom an employee cares where no other arrangements can reasonably be made for someone else to look after the person
- A serious incident involving a child at school
- A serious illness involving a dependant
- A child or dependant whose usual care arrangements are unexpectedly disrupted
Time off for dependants will not be granted to deal with predictable domestic arrangements that could be accommodated using annual or flexi-leave (for example regular childcare and childcare during the school holidays).
Employees must report their absence to the Line Manager as soon as is reasonably practicable. They also need to advise of the reason for their absence and how long they expect to be away from work.
The Employer recognises that circumstances, the nature of relationships and the required observances of different religions vary. Therefore rather than being prescriptive on absolute periods of leave in other cases, there is a need to assess each case individually i.e. if the employee has to travel a long distance to attend/arrange the funeral then, depending on circumstances, further additional unpaid time off to allow for travelling may be granted.
Employees who need only to attend the funeral of a relative or close friend will normally be granted reasonable time off without pay. In most instances this will be a period of up to one day. However, if the employee has to travel a long distance to attend the funeral of a close relative then depending on circumstances additional unpaid time off to allow for travelling may be granted.
Refusal of leave
An employee who feels that they have been unreasonably refused the right to compassionate, domestic emergency or bereavement leave or who feel that they have been victimised for requesting leave should, in the first instance raise the matter with their line manager. They have the right to raise the matter through the grievance procedure.
Parental Bereavement Pay
Employees are entitled to up to 2 weeks’ leave following the death of a child under 18, including a stillbirth after 24 weeks of pregnancy. Parental bereavement leave is paid at the lower of the employee’s normal weekly earnings or the current statutory rate.
All employees have the right to request flexible working providing they meet the criteria. The request will be considered by the Employer and providing the request falls within the parameters of the legislation and is in accordance with the needs of the business it may be granted.
In order to qualify for flexible working, you must: –
- Be an employee, but not an agency worker;
- Have worked for the company for 26 weeks at the date the application is made and,
- Not have made another application to work flexibly under the right during the past 12 months.
Under the law we must reasonably consider any application you make, and only reject it if there are good business reasons for doing so. You have the right to ask for flexible working – not the right to have it.
Your flexible working request should be submitted in writing and dated. It should:
- state that it is a flexible working request;
- explain the change being requested and propose a start date;
- identify the impact the change would have on the business and how that might be dealt with; and
- state whether you have made any previous flexible working requests.
Following receipt of your request, a meeting will be arranged at a convenient time and place to discuss your request. We may decide to grant your request in full without a meeting, in which case we will write to you with our decision.
You will be informed in writing of the decision as soon as possible after the meeting.
Once the flexible working arrangements have been agreed, this becomes a permanent change to the contract of employment.
Employees who do not have the legal right to request flexible working are, of course, free to ask the Employer if they can work flexibly.
Employees are entitled to time off work to attend for Jury Service. Employees should notify the Employer immediately on receipt of the Jury Summons giving full details.
Employees will not normally be paid for this time off and are advised to claim the expenses which they are entitled to from the Court. This will normally include compensation for loss of earnings.
- The Employer operates virus protection software. No software or program or similar may be loaded on the Employer’s computer system unless and until it has been checked for viruses.
- You are not permitted to copy the Employer’s software, other than when this is necessary in normal course of your duties.
- On leaving the Employer’s employment, and at any other time at the Employer’s request, you are required to hand back any of the Employer’s information and data held by you in computer-useable format.
- You are required to take any necessary security measures to prevent unauthorised access to, alteration, disclosure and destruction of personal data, and accidental loss and destruction of Employer data.
- You must not access, process, use, or disclose any data or password other than is necessary for the proper performance of your duties.
- Use of internet must be for business purposes only in the course of carrying out your duties. Unauthorised use of the internet will constitute misconduct.
- You must not download software from the internet onto the Employer’s system without prior permission.
- You are not permitted to download any video-based material or content that requires a TV licence.
- You are not permitted to divert any work e-mails to your personal device without prior consent of your Manager.
Misuse of the e-mail system by transmission of any material, which is defamatory, offensive or obscene, untrue or malicious, or in breach of copyright will constitute gross misconduct. In particular, the processing (which means storing, sending or downloading) of sexually explicit material will constitute gross misconduct. You must not use your company e-mail address for your own personal correspondence.
A social network service focuses on the building and verifying of online social networks for communities of people who share interests and activities, or who are interested in exploring the interests and activities of others.
Most social network services are primarily web based and provide a collection of various ways for users to interact, such as chat, messaging, email, video, voice chat, file sharing, blogging, discussion groups. Social networks include, but not limited to Facebook, Twitter, LinkedIn, Instagram, Snap Chat and personal blogs.
The purpose of a social networking policy
- To help the company against potential liability;
- To give employees clear guidance on what can and can’t occur in relation to the company or other employees;
- To help employees separate their professional and personal communication;
- To comply with the law on data protection, discrimination and protecting employees.
Standards employees are required to comply with are as follows:
- Employees will not maintain any site that contains personal identifiable information of the company or clients.
- Employees will not maintain a site that contains photographs of clients.
- Employees will not maintain a site that contains identifiable information of a client or an employee in relation to their performance and character.
- Employees will not maintain a site that contains photographs of another employee taken in the work situation or in their working uniform.
- Employees will not maintain a site that contains defamatory statements about the company, its current or ex employee, the company’s services or contractors.
- Employees must not express opinions on the sites that purport to represent their own views on the company.
- Employees must never post a comment on the sites that purports to represent the views of the company without first consulting the management team.
- Employees must not breach company confidential information.
As an employee of the company, the company has a reasonable and lawful expectation that staff will not bring the company into disrepute, this is extended to the home environment as well. Any grievance with the organisation should be processed through procedures and policies already in place and dealt with within the work environment.
If employees become aware of a breach in this policy, they should contact their line manager in the first instance if it is appropriate to do so. It is possible such a matter may be resolved locally. If this is not the case and if staff are found to have contravened this policy disciplinary sanctions, up to and including dismissal can occur.
The company reserves the right to access and monitor all emails and internet activities carried out on company equipment including the use of any social networking site.
The Health and Safety for this business is the Manager. Any incidents must be reported immediately. A sensible approach, from a safety angle, must be taken to appropriate seating and workplace conditions. After a reasonable period attending to a computer or other screen, you must transfer to working on an alternative type of work for a short period.
You should make yourself familiar with our Health and Safety Policy and your own health and safety duties and responsibilities, as shown separately.
You must not take any action that could threaten the health and safety of yourself, other employees, service users or members of the public.
Protective clothing and other equipment which may be issued for your protection because of the nature of your job must be worn at all times. Failure to do so could be a contravention of your health and safety responsibilities. Once issued, this protective wear is your responsibility.
You must ensure that you are aware of our fire and evacuation procedures and the action you should take in the event of such an emergency.
The Employer requires an employee to report a workplace injury to the employer so that the Employer can thoroughly investigate the accident to prevent it from occurring in the future.
There are various types of workplace accidents and they include major injuries, injuries that require an employee to miss work for more than a Seven-day period, work-related diseases, dangerous occurrences, if a member of the public is taken directly to the hospital or any deaths. Falls, explosions, burns and being caught in machinery are types of accidents that can also occur in the workplace.
The features listed on an accident report should detail certain specifics such as:
- the date of the accident;
- the date that the accident was reported;
- the employee’s personal information;
- details of the injury and how it was caused;
- who witnessed the accident.
The accident report should be signed by an employer or manager along with any comments they may have pertaining to the accident. An entry should be made into the accident book as soon as possible after the accident/incident but in any event no later than the end of the day.
The accident book is kept in each company location.
Reporting accidents is beneficial to the workplace as it allows for identification of how and where risks in the workplace arise. This gives the Employer and individuals knowledge on how to possibly prevent the same type of accidents and other accidents in the workplace from recurring and prevent pain and suffering from individuals in the workplace.
You must wash your hands immediately:
- before you start work
- After handling vegetables and or raw meats
- After handling rubbish
- After handling cleaning materials
- After eating and or smoking
- After using a tissue
- After a visit to the toilet
Any cut on the hand or arm must be covered with an approved visible dressing.
Head coverings and overalls/uniforms, where provided, must be worn at all times.
Shoulder length hair or longer must be tied up during working hours.
If working in a food prep area, jewellery should be not be worn, other than a plain wedding band.
You should not wear excessive amounts of make-up or perfume/after shave and nail polish must not be worn. Fingernails must be kept short and clean, false nails and or nail attachments are not permitted.
If you are suffering from an infectious or contagious disease or illness, or have a bowl disorder, boils, skin or mouth infection, you must not report for work without clearance from your own doctor.
Contact with any person suffering from an infectious or contagious disease must be reported and you must have clearance from your own doctor before commencing work.
You must inform a Manager/Director if you are suffering from vomiting, diarrhoea or other stomach upsets and must be clear of any symptoms for 48 hours before returning to work.
You must report to a Manager/Director before commencing work.
We have a responsibility to serve all our customers food, which has been prepared under strict hygienic conditions. All staff must look clean and smart and be of a hygienic appearance.
You are required to observe the following staff hygiene rules;
- Maintain the highest standards of personal hygiene
- Ensure that hair is neat and clean and tied back wearing a hat or hair net at all times where appropriate.
- Keep hands and fingernails scrubbed clean and manicured.
- Maintain a clean-shaven face or a trimmed beard/moustache.
- You must wear the appropriate uniform/work wear, and these must be clean, pressed and well maintained and must be worn at all times during working hours.
- Shoes must be of a safe sensible style with covered toe and heel and non slip sole.
- You are only permitted to eat, drink or smoke in the designated areas.
- You must inform a Manager/Director if you are suffering from vomiting, diarrhoea or other stomach upsets and must be clear of any symptoms for 48 hours before returning to work.
Under legislation we, as your Employer, have a duty to ensure so far as is reasonably practicable, the health, safety and welfare at work of all our employees and similarly you have a responsibility to yourself and your colleagues. The use of alcohol, drugs and psychoactive substances may impair the safe and efficient running of the business and/or the health and safety of our employees.
The effects of alcohol, drugs and psychoactive substances can be numerous: –
(These are examples only and not an exhaustive list)
- Absenteeism (e.g. unauthorised absence, lateness, excessive levels of sickness, etc.):
- Higher accident levels (e.g. at work, elsewhere, driving to and from work); and
- Work performance (e.g. difficulty in concentrating, tasks taking more time, making mistakes, etc.).
If your performance or attendance at work is affected as a result of alcohol, drugs, or psychoactive substances or we believe you have been involved in any drug related action/offence, you may be subject to disciplinary action and dependent on the circumstances, this may lead to your dismissal.
- It is your legal responsibility to familiarise yourself with your duties under the Licensing Acts. It is a criminal offence to serve anyone who appears to be under the age of 18 years. If in doubt, you should ask for proof of age and identity, including a photograph, and if such proof is not provided, the sale should be refused.
- You must not serve or sell alcoholic beverages to a person who appears to be drunk or under the influence of prohibited drugs.
- You are legally required to charge those prices which are displayed on the official price list in the bar.
- It is illegal to supply one brand of goods without agreement when another has been requested. If you do not sell a brand a customer has asked for, state which brand you sell. The customer must agree to the alternative brand.
- Any alcoholic beverage supplied in measures must be supplied in accordance with the provisions of the measuring Equipment (intoxicating liquor) Regulations 1983 or any subsequent amendments.
- You must not supply any alcoholic beverage outside the permitted hours in accordance with the Licensing Acts. You will be advised of the permitted hours for the sale and consumption of alcoholic beverages.
- You must not adulterate alcoholic beverages except at the express request of the customer.
If you require clarification or further information on any of the licensing rules, you must seek advice from a Manager/Director.
Failure to comply with these requirements will result in disciplinary action which may include summary dismissal.
The Health and Safety Executive’s definition of stress is ‘the adverse reaction people have to excessive pressures or other types of demand placed on them’. The Employer recognises the need to identify the difference between the beneficial effects of motivating challenges and work-related stress, which is the natural but distressing reaction to demands or pressure that the employee cannot cope with at a given time.
Work-related stress exists where people perceive they cannot cope with what is being asked of them at work. The Employer recognises that work-related stress is not an illness but that if it is prolonged and intense, it can lead to problems with ill health.
Responsibilities of all Employees
Employees have a responsibility to take reasonably practicable steps to minimise their own stress levels and those of their fellow workers who may be affected by their acts or omissions. They also have a legal responsibility to comply with the Health and Safety at Work legislation and other statutory regulations to take reasonable care of their health and safety and that of other persons with whom they work. Employees should, therefore, draw the attention of the Employer to any concerns about work-related stress which might present a health hazard to themselves or other persons.
Responsibilities of the Employer
The Employer will support employees in dealing with work-related stress through discussions. Wherever reasonably practicable, an employee experiencing excessive and sustained work-related stress will have their work adapted, including the possibility of alternative employment within the organisation, so as to remove the risk or reduce it to an acceptable level.
The following principles apply to the Employer’s approach to dealing with stress:
- The management of stress will be dealt with in a way that is non-discriminatory and in accordance with our equal opportunities policy.
- Employees will be dealt with fairly and consistently across the organisation.
- The Employer will aim to provide a positive and preventative approach to stress rather than a punitive one.
- The Employer will be sensitive and supportive, as far as is reasonably practicable, to those experiencing stress.
- The management of stress, including the monitoring of stress-related information will be conducted with respect for individual confidentiality and in accordance with the requirements of the Data Protection and Access to Medical Reports Acts.
- Open communication will be encouraged and promoted.
- No alcoholic liquor, non-prescription drugs or psychoactive substances are to be brought onto the premises of the Employer and no gambling is allowed on the premises.
- You are not permitted to use the company’s address for the purposes of private mail.
- You are not permitted to buy or sell goods on your own behalf whilst on our premises.
- No liability is accepted for damage to private vehicles however it is caused.
- You are advised not to bring items of high value to work and/or large amounts of cash.
- All items of food and drinks for personal consumption must be paid for at the time of purchase, and the transaction must only be completed by a colleague.
- You should not personally serve family members and or friends, these transactions must be completed and or overseen by a colleague.
- You must not serve any items free of charge or authorise any reductions in price without the express permission from a manager or senior on duty.
- You must not service alcohol to anyone who appears to be under the legal age. If you are unsure of a person’s age, you must always ask for ID. You must always charge prices in accordance with the official price list and offer an alternative brand if the requested brand is not available.
- Employees must not accept directly or indirectly any payment or any other benefit or item of value of more than nominal value from any supplier or client or from anyone else with any actual prospective business relationship with the Employer.
- Friendships may develop between clients and employees. However, any relationship between a client and an employee which is likely to jeopardise business relations of the Employer is not acceptable. Employees must use their common sense to avoid any actual relationships.
- Smoking is strictly prohibited on the premises. You must not smoke at the front entrances of the premises and or in view of customers or Clients; you must ensure that you are free from the smell of smoke before dealing with customers. Smoking is only permitted during recognised authorised breaks, in the designated outside area. This policy includes the use of e-cigarettes.
- You must notify us of any change of name, medical condition, marital status, address, telephone number etc, so that we can maintain accurate information on our records and make contact with you in an emergency, if necessary, outside normal working hours.
- If you terminate your employment without giving or working the required period of notice, as stated in your Statement of Main Terms of employment, you will have an amount equal to any additional cost of covering your duties during the notice period not worked deducted from any termination pay due to you.
- If you already have any other employment or are considering any additional employment you must notify us so that we can discuss any implications arising from the current working time legislation.
- If you arrive for work and in our opinion you are not fit to work, we reserve the right to exercise our duty of care if we feel that you may not be able to undertake your duties in a safe manner, or may pose a safety risk to others and send you away for the remainder of the day without pay. Dependant on the circumstances, you may be liable to disciplinary action.
- Because the business demands employees of the highest integrity we have the right to expect you to maintain these standards outside of working hours.
Activities or behaviour that results in adverse publicity to ourselves, or which cause us to lose faith in your integrity, may give us grounds for your dismissal.
- You should behave with civility towards fellow employees, and no rudeness will be permitted towards colleagues, customers or members of the public. Objectionable or insulting behaviour or bad language will render you liable to disciplinary action.
- Any statements to reporters from newspapers, radio, television etc, in relation to the business, will be given only by the Managing Director.
- Where closed circuit television cameras are used on our premises for security purposes. We reserve the right to use any evidence obtained in this manner in any disciplinary issue.
- Both from the view of safety and of appearance, work and bar areas must be kept neat and tidy at all times.
- Please keep staff areas neat and tidy.
- Any items of lost property must be handed to your line manager whilst attempts are made to discover the owner.
- An essential part of your duties may include having possession of door keys. To satisfy the requirements of our insurers and to protect us from fire and theft, you must secure all properties and premises when unattended. If you are the last person to leave our premises at the end of the day, please ensure that all windows and doors are closed, locked where required and the alarm system is set. Do not divulge the security code to any unauthorised person. Any loss and or damage to keys, in your procession, must be advised to the Director immediately, and you will liable for the cost of replacement of lost and or damaged keys or locks. No copies of keys may be made without the authorisation of the Director.
- During severe weather conditions, you have no automatic legal entitlement to stay away from work or remain at home on full or reduced pay.
If you are unable to attend work due to the adverse weather, you should discuss your circumstances with a Manager/ Director or a member of the office staff who will determine which of the following options may be available to you.
- a) To take this time as annual holiday leave
- b) To make up the time at a later date
- c) To take the time as unpaid leave
- Customers are the key to the success of our business and good service is the key to gaining and retaining customers. Every customer should receive the following service from you
Be available and greet every customer.
Be friendly, smile and listen to the customer’s needs.
Know your product and serve the customer promptly.
Be efficient in taking the customers details and payment and
Thank the customer for their business.
Personal mobile telephones should not be used for personal matters during normal working hours and must be switched off. Mobile phones may only be used during official authorised breaks, failure to comply with this policy will result in disciplinary action being taken.
Where iPads are used, these are strictly for business purposes only and must not be abused. You are not permitted to download any personal accounts/items. Breach of this will result in disciplinary action. Any Company item must be returned on termination of your employment and in good working order. Company iPads may be accessed at any time by your Line Manager.
The Employer believes that all of its employees have the right to a working environment free from intimidating and insulting behaviour and recognises its legal obligation to provide such an environment. The Employer is committed to the development and promotion of a positive workplace culture that is free from harassment and bullying and aims to ensure that any allegation of harassment or bullying at work is taken seriously, is properly investigated, and is dealt with effectively.
Harassment
The definition of harassment is ‘unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment’. Forms of harassment include many kinds of unacceptable behaviour. For example action, behaviour, comment or physical contact which is found objectionable or which causes offence, including: offensive jokes, verbal abuse, language, graffiti or literature of a racist or sectarian nature, or offensive remarks about a person’s physical characteristics, age, sexual orientation, or any other personal characteristic.
Bullying
Bullying is the intimidation or belittling of someone through the misuse of power or position, which leaves the recipient feeling hurt, upset, vulnerable or helpless. Examples include:
- Unjustified criticism of an individual’s personal or professional performance, shouting at an individual, criticising an individual in front of another.
- Spreading malicious rumours or making malicious allegations.
- Ignoring or excluding an individual from the team/group.
Sexual Harassment
The Employer believes that all employees are entitled to be treated with dignity and respect while at work and when representing the business in any capacity outside of work.
Sexual harassment is unwanted conduct directed towards an employee by a fellow employee (or group of employees) which is of a sexual nature, or which is based on a person’s sex, and which is regarded as unwelcome and offensive by the recipient. This could include:
- Unwanted physical contact.
- Unwelcome sexual advances, propositions, suggestions or pressure to participate in social activity outside work, where it has been made clear that this is not welcome.
- Conduct which can be deemed as intimidation, physically or verbally abusive, including the display of explicit material, the use of sexually explicit humour, and comments of a sexual nature whether directed specifically at any particular individual or not.
- Suggestions that sexual favours may further an employee’s career, or that refusal may hinder it.
The Employer regards sexual harassment as a form of intimidation which has the effect of insulting and demeaning the employee to whom it is directed. It is therefore unacceptable in the working environment and the Employer will take positive action to prevent its occurrence.
Responsibility of Employees
All employees have a personal responsibility not to harass, sexually harass or bully other members of staff, or to condone harassment or bullying by others. Harassment including sexual harassment and bullying is serious misconduct and action may be taken under the disciplinary procedure against an employee found to have harassed or bullied an individual at work. Employees should also be aware that they could be personally liable by law if they harass anyone at work. All employees have a duty to assist in the creation of a safe working environment, where unacceptable behaviour is not tolerated. Any employee who becomes aware of harassment or bullying occurring should bring the matter to the attention of his/her manager.
Procedure
Where possible and appropriate, harassment and bullying complaints of any nature should be dealt with by using an informal approach, at least in the first instance. Informal action provides the opportunity to resolve allegations of harassment through informal discussion and mediation. Some people may not be aware that their behaviour in some circumstances is being perceived as bullying harassment or sexual harassment. Using an informal approach gives the alleged harasser the opportunity to stop if directly approached by an employee, manager or through a mediation process. However, should the informal approach fail to stop the harassment or bullying, or if an employee agrees with their manager that the situation is so serious as to warrant formal action, the formal approach should be taken. This involves the complainant making a written complaint.
AIMS AND OBJECTIVES
The Employer aims to ensure that there will be a fair, consistent and systematic approach to the enforcement of standards of conduct and performance for all its employees. With this aim, the Employer has devised procedures for dealing with these conduct and performance issues which incorporate the recommendations given in the Advisory Conciliation and Arbitration Service (ACAS) Code of Practice. There is also an appeals procedure which may be invoked by employees who disagree with actions taken under the disciplinary procedure.
RIGHTS TO BE ACCOMPANIED
You have the right to be accompanied at formal disciplinary hearings. You may nominate a single companion who is either:
- A colleague from the workplace; or,
- A full-time official employed by a trade union official suitably certified by the union as having experience or training in accompanying employees at formal hearings of this nature.
You may choose an official from any trade union whether or not the union is recognised by the Employer.
Nominated colleagues or trade union officials are free to choose whether to accede to your request and no pressure should be brought to bear on an individual to do so.
We will provide reasonable paid time off for the nominated companion to attend hearings, consult with you and to become familiar with the details of your case.
The role of the companion is to support you at the hearing. Your companion has a statutory right to ask questions and to participate but not to answer questions on your behalf. Reasonable time will be allowed for you and your companion to confer privately during the course of the hearing.
DISCIPLINARY PROCEDURE
You are expected to maintain standards of conduct and performance appropriate to your job and in accordance with any general rules and work standards communicated to you during your employment.
OBJECTIVES
The disciplinary procedure adopted by the Employer, has the following objectives:
- To ensure that all disciplinary issues are dealt with in a consistent and fair manner;
- To ensure that disciplinary action is only taken after a full investigation of all the facts;
- To ensure that you have appropriate written notice of the times of disciplinary hearings and the charges against you;
- To ensure that at every stage of disciplinary action, you have the opportunity to state your case;
- To ensure that you have the right to be accompanied to the disciplinary hearing;
- To ensure that you receive appropriate written confirmation of any disciplinary action taken against you; and,
- To ensure that you are given the right of appeal.
PRE-DISCIPLINARY COUNSELLING AND SHORT SERVICE DISMISSAL
If your conduct or performance falls below the standards expected, we will discuss this with you in order to identify the cause of the problem and encourage you to improve.
Whilst the overall aim of these counselling discussions is to avoid the need to take formal disciplinary action, you should be aware that failure to make the agreed improvements in behaviour will result in the matter being pursued on a formal basis under the disciplinary procedure.
We do however, reserve the right in respect of disciplinary and capability issues, to take into account your length of service and vary the procedures accordingly. If you have a short amount of service, you may not be in any receipt of any formal warnings before dismissal, but you will retain the right to a hearing, and you will have the right of appeal.
FORMAL DISCIPLINARY ACTION
The overall objective of the procedure is to help and encourage you to correct behaviour and return to observing the proper standards of conduct and performance. There are three stages to the disciplinary procedure and action may be started at any stage of the procedure, including final written warning, depending on the seriousness of the alleged misconduct. You should be aware that where your conduct or behaviour constitutes gross misconduct (see definition given later in this section), you may be liable to summary dismissal (without notice).
Stage 1 – Verbal Warning
You will be asked to attend a meeting with a Manager/Director This meeting will be called only after a thorough investigation of all the facts.
You will be given prior written confirmation of the meeting and you will be able to nominate a companion to attend the meeting with you as outlined above. The letter you will receive will state clearly the nature of the alleged misconduct to be discussed. A suitable date and time for the meeting will be agreed with you so as to enable all parties to attend and to prepare in advance. You will be given a copy of this disciplinary procedure as part of your preparation.
During the meeting, the grounds on which disciplinary action is being considered will be stated, and you will be presented with any available evidence. You will be given the opportunity to answer any allegations made and to put forward any explanation and/or mitigating circumstances.
In the absence of a satisfactory explanation for the misconduct, you will be given a formal verbal warning under Stage 1 of the disciplinary procedure. You will be told of your rights to appeal and the procedure for appealing against the warning.
The verbal warning will be recorded and retained on your personal file for a period of six months from the date of the warning. If you manage to achieve the required improvement during this period, we will confirm in writing that the warning has been removed from your record.
Stage 2 – First Written Warning
If your conduct does not improve within the time allowed, or if the first offence is sufficiently serious to merit it, a written warning may be considered. You will be asked to attend another meeting with a Manager/Director. This meeting will be called only after a thorough investigation of all the facts. You will be given prior written notification of the meeting including a clear statement of the allegations against you. As before, you will able to nominate a companion to attend the meeting with you. A suitable date and time for the meeting will be agreed with you so as to enable all parties to attend and to prepare in advance. You will be given a copy of this disciplinary procedure as part of your preparation. During the meeting, the grounds on which disciplinary action is being considered will be stated, and you will be presented with any available evidence. You will be given the opportunity to answer any allegations made and put forward any explanation and/or mitigating circumstances.
If there is no satisfactory explanation for the misconduct, you will be given a written warning. This warning will state clearly:
- The standards of conduct required from you;
- The time to be allowed for improvement before further action may be considered;
- Any help, or support, where appropriate to help you achieve the improvement required;
- The consequences of failure to improve, i.e. final written warning or dismissal;
- Your right of appeal and the procedure available for appeal against the disciplinary decision;
- This written warning will be retained on your personal file for nine months from the date of the warning. Where you achieve the required improvement over this time, we will confirm in writing that the warning has been removed from the file.
Stage 3 – Final Written Warning
If your conduct does not improve within the time allowed, or if the first offence is sufficiently serious to merit it, you may be issued with a final written warning.
The process followed will be exactly as described at stage 2. Failure to provide a satisfactory explanation for the misconduct will result in a final written warning. This warning will state clearly:
- The standards of conduct required;
- The time to be allowed for improvement before further action may be considered;
- Any help or support, where appropriate, to help you achieve the improvement required;
- The consequences of failure to improve(dismissal); and,
- Your right of appeal and the procedure available for appeal against the disciplinary decision.
This final warning will be retained on your file for twelve months. Should you achieve the required improvement over this time, we will confirm in writing that the warning has been removed from your file.
Stage 4 – Dismissal
If your conduct does not improve within the time allowed, or if the first offence is sufficiently serious to merit it, dismissal may be considered. The process followed will be as described for Stage 2 and 3 of the procedure. However, in the absence of a satisfactory explanation for the misconduct, you will be dismissed. You will receive an appropriate notice or payment in lieu of working your notice. You will remain an employee for the company, until the end of the notice period.
Within ten days of the disciplinary meeting, you will receive confirmation in writing of the reasons for your dismissal from the Employer. The letter will also contain confirmation of your right of appeal and the procedure for appealing against the decision.
Demotion
As an alternative to dismissal, the Employer may deem it appropriate to sanction a demotion.
DEFINITION OF MISCONDUCT
The following list, which is by no means exhaustive, indicates the circumstances in which you could be liable to disciplinary action under this procedure on the grounds of misconduct:
- Failure to comply with working instructions given by an authorised person;
- Failure to comply with the Employer’s fit and proper, independence, confidentiality statement procedures;
- Failure to comply with attendance requirements and procedures, i.e. working hours, holidays, sickness, other unauthorised or unreasonable absences from work;
- Improper care of the Employer’s property or unauthorised removal of such property from the company’s premises.
- Improper use of office facilities, such as telephones, fax machines and computers;
- Failure to comply with the Employer’s e-mail and internet policy;
- Failure to observe any of the Employer’s general rules and policies;
- Failure to comply with Health and Safety Rules and/or instructions for Health and Safety protection;
- Discourtesy to a client or colleague;
- Failure to comply with dress requirements;
- Failure to meet required standards of work where this is not due to capability; and,
- Negligence in the performance of duties.
The above is not an exhaustive list.
GROSS MISCONDUCT
In circumstances of gross misconduct, we will normally take immediate action at Stage 4 of the disciplinary procedure – dismissal. In most cases of gross misconduct, you will be suspended on full pay whilst a full investigation of the facts is carried out. In these circumstances, you will be informed in writing of your suspension.
Gross misconduct and summary dismissal will only be considered where there are reasons to believe that you have committed misconduct of such a serious nature that it constitutes a fundamental breach of your employment contract. The following list, although not exhaustive, gives examples of offences which could be construed as gross misconduct:
- Aggressive acts and/or physical violence;
- Indecent behaviour.
- Theft from the Employer, its employees or from customers or suppliers; or fraud
- Actions which bring the company into disrepute or causes us to lose faith in your integrity;
- Falsification and/or deliberate tampering of company records;
- Acts of incitement or actual acts of discrimination or harassment on the grounds of sex, race, religion, colour, ethnic origin or disability;
- Serious failure to observe the Employer’s confidentiality standards;
- Possession or under the influence of illegal drugs at work;
- Non-compliance with practice Health and Safety requirements resulting in serious endangerment of the health and safety of yourself and others;
- Wilful and serious damage to company property; and,
- Any other reason giving rise to a right summary dismissal, whether at common law or by statute.
APPEAL PROCEDURE
You are entitled to appeal against a decision taken at any stage of the disciplinary procedure. You are encouraged to make use of the appeal procedure should you feel that you have been unfairly treated in such circumstances. Using the appeal procedure will not prejudice your employment prospects in any way. You have the right to nominate a companion to accompany you at the appeal hearing as outlined in Appeal Section of these procedures.
PROCEDURE FOR LODGING AN APPEAL
The appeal should be made within five working days of either the following:
- Receipt of the written communication of a decision made under the disciplinary procedure; or,
- A verbal warning at stage one of the disciplinary procedure.
You should make the appeal in writing giving full supporting reasons. The appeal should be addressed to the person named in your individual statement of main terms of employment.
An appeal hearing will be held to which you will be invited to attend. The date and time of the appeal hearing will be arranged with you in advance so that there is sufficient time to prepare yourself and your companion where relevant. Where necessary, the appeal hearing may be adjourned to gather further information or carry out an investigation of the facts. The hearing will reconvene once the investigations are complete.
A decision will be communicated in writing to you within five working days of the appeal hearing reaching its conclusion. The warning of dismissal or notification of capability procedure will stand unaltered pending the outcome of the appeal hearing. The Employer reserves the right to instruct an independent third party, if the need occurs. A written record of the appeal hearing will be made in order to prevent any misreporting or misunderstanding. You will be given a copy of the written record and asked to agree to the content.
The primary aim of this procedure is to provide a framework within which the Employer can work with employees to maintain satisfactory performance standards and to encourage improved performance where necessary. The Employer recognises the difference between a deliberate or careless failure on the part of an employee to perform to the standards of which they are capable (in which case the Employer will use the disciplinary procedure) and a case of incapability, where the employee is lacking in knowledge, skill or ability and so cannot perform to the standard required (in which case the Employer will use this capability procedure in an attempt to improve the employee’s performance).
The Employer also recognises that during an employee’s employment capability to carry out their duties may deteriorate. This can be for a number of reasons; the most common ones being that either the job changes over a period of time and the employee fails to keep pace with the changes or the employee changes and can no longer cope with the work. This capability procedure is entirely non-contractual and does not form part of an employee’s contract of employment.
Minor capability issues will be dealt with informally through counselling and training. Informal discussions may be held with a view to clarifying the required work standards and the level of performance expected of the employee, identifying areas of concern, establishing the likely causes of poor performance, identifying any training or supervision needs, setting targets for improvement and agreeing a time-scale for review. However, in cases where informal discussion with the employee does not lead to a satisfactory improvement in performance, or where the performance issues are more serious, the following capability procedure will be used. At all stages of the procedure, an investigation will be carried out.
At all stages the Employer will give consideration to whether the unsatisfactory performance is related to a disability and, if so, whether there are any reasonable adjustments that could be made to the requirements of the employee’s job or other aspects of the working arrangements.
The Employer will notify the employee in writing of the concerns over performance and will invite the employee to a performance review meeting to discuss the matter.
The Employer will provide sufficient information about the poor performance and its possible consequences to enable the employee to prepare to answer the case. This will include the provision of copies of written evidence where appropriate.
Having given the employee reasonable time to prepare their case, a formal capability meeting will then take place, conducted by a manager, at which the employee will be given the chance to state their case, accompanied if requested by a trade union official or a fellow employee of their choice. The employee must make every effort to attend the meeting.
The purposes of the performance review meeting include: to set out the required standards that the Employer considers the employee has not met, to establish the likely causes of poor performance (including any reasons why any measures taken so far have not led to the required improvement) and to allow the employee the opportunity to explain the poor performance and to ask any relevant questions. Except in the case where dismissal is proposed, the purposes of the performance review meeting also include: to discuss measures, such as additional training or supervision, which may improve the employee’s performance, to set targets for improvement and to set a reasonable timescale for review (reflecting the circumstances of the case). In a case where dismissal is proposed, the purposes of the performance review meeting also include: to establish whether there are any further steps that could reasonably be taken to rectify the employee’s poor performance, to establish whether there is any reasonable likelihood of the required standards of performance being met within a reasonable time and to discuss whether there is any practical alternative to dismissal, such as redeployment to any suitable available job at the same or lower grade.
Following the performance review meeting, the Employer will decide whether or not formal performance action is justified and, if so, the employee will be informed in writing of the Employer’s decision in accordance with the stages set out below and notified of their right to appeal against that decision.
Stage 1: Performance warning
The employee will be given a formal PERFORMANCE WARNING. This will set out the areas in which the employee has not met the required performance standards, targets for improvement, any measures, such as additional training or supervision, which will be taken with a view to improving the employee’s performance, a timescale for review and the likely consequences of failing to improve to the required standards within the review period. The performance warning will be recorded but nullified after six months, subject to satisfactory performance.
The employee’s performance will be monitored, and, at the end of the review period, the Employer will write to the employee to advise him or her of the next step. If the Employer is satisfied with the employee’s performance, no further action will be taken. If the Employer is not satisfied with the employee’s performance, the matter may be progressed to Stage 2 or, if the Employer feels that there has been a substantial but insufficient improvement, the review period may be extended.
Stage 2: Final performance warning
Failure to improve performance in response to the procedure so far, or a first instance of serious poor performance, will result in a FINAL PERFORMANCE WARNING being issued. This will set out the areas in which the employee has still not met the required performance standards, targets for improvement, any further measures, such as additional training or supervision, which will be taken with a view to improving the employee’s performance, a further timescale for review and the likely consequences of failing to improve to the required standards within the further review period, i.e. that dismissal will probably result. The final performance warning will be recorded but nullified after twelve months, subject to satisfactory performance.
The employee’s performance will again be monitored, and, at the end of the further review period, the Employer will write to the employee to advise them of the next step. If the Employer is satisfied with the employee’s performance, no further action will be taken. If the Employer is not satisfied with the employee’s performance, the matter may be progressed to Stage 3 or, if the Employer feels that there has been a substantial but insufficient improvement, the review period may be extended.
Stage 3: Dismissal
Failure to improve performance in response to the procedure so far will normally lead to DISMISSAL, with appropriate notice. The Employer may first consider redeploying the employee with their agreement to another available job at the same or lower grade which is more suited to their abilities. A dismissal decision will only be made after the fullest possible investigation. Dismissal can be authorised only by a senior manager or a Director. The employee will be informed of the reasons for dismissal, the appropriate period of notice, the date on which their employment will terminate and how the employee can appeal against the dismissal decision.
Appeals
An employee may appeal against any decision under this capability procedure, including dismissal, to the person named in your individual statement of main terms of employment.
Appeals should be made in writing and state the grounds for appeal. The employee will be invited to attend an appeal meeting.
At the appeal meeting, the employee will again be given the chance to state their case and will have the right to be accompanied by a trade union official or a fellow employee of their choice.
Following the meeting, the employee will be informed in writing of the appeal decision.
The Employer’s decision on an appeal will be final.
25. GRIEVANCE PROCEDURE
OBJECTIVES
In the great majority of cases, complaints are best dealt with satisfactorily through informal discussions between you and a manager and it is in your interests to talk to a manager about any aspects of work or your working relationship that concerns you. However, where issues cannot be resolved in this way, the Employer has a formal procedure for grievances or complaints. The aim of the grievance procedure is to ensure that such issues are dealt with fairly and speedily before they develop into major problems or disputes. The procedure is designed to maintain good relations within the company, and you are encouraged to make use of it should any problem arise that you are unable to resolve satisfactorily with a manager.
RIGHT TO BE ACCOMPANIED
You have the right to be accompanied at all meetings held as part of the Employer’s formal grievance procedure. You may nominate a single companion who is either:
- A colleague from within the workplace; or
- A full-time official employed by a trade or a lay trade union official suitably certified by the union as having experience or training in accompanying employees at formal hearings of this nature.
You may choose an official from any trade union whether or not the union is recognised by the Employer.
Nominated colleagues or trade union officials are free to choose whether to accede to your request to act as a companion and no pressure should be brought to bear on an individual to do so.
We will provide reasonable paid time off for the nominated companion to attend hearings, consult with you and to become familiar with the details of your case.
The role of the companion is to support you at the hearing. Your companion has a statutory right to ask questions and to participate but not to answer questions on your behalf. Reasonable time will be allowed for you and your companion to confer privately during the course of the hearing.
USING THE GRIEVANCE PROCEDURE
Using the grievance procedure will not prejudice your future employment prospects in any way. Records or written evidence of matters raised under the procedure will not be retained on your personal file after the problem has been resolved.
There is a separate procedure for appeals against action taken under the disciplinary procedure.
There are three stages to the formal grievance procedure, and these are as follows:
First stage – raising the grievance
Where the grievance or complaint cannot be resolved informally, you should put your grievance in writing, to your Line Manager Where the complaint involves your line manager, the issue should be raised with a Director.
Second stage – hearing
Once the Line Manager has had time to consider your complaint, you will be invited to attend a hearing in order to discuss it. You will be told of your statutory right to be accompanied as outlined in this procedure. You are obliged to make every effort to attend the hearing. Everything reasonably possible will be done to solve the problem fairly at this stage through open and honest discussion at the hearing.
The Line Manager will respond to your grievance within five working days of the hearing taking place. If it is not possible to respond within this time, you will be given a written explanation for the delay and told when a response can be expected.
Third stage – the appeal
If the situation is not resolved to your satisfaction at stage two, you may appeal against the decision. You should raise the matter in writing with the person named in your individual statement of main terms of employment.
They will arrange to hear your appeal, whenever possible, within five working days and you will be reminded of your statutory right to be accompanied at the appeal hearing.
Following the appeal hearing, you will be advised of the final decision in writing within ten working days of the hearing. If it is not possible to respond within this time, the employee should be given a written explanation for the delay and told when a response can be expected.
The grievance procedure is exhausted at the end of this stage.
Records will be kept by the Employer detailing the nature of the grievances raised and the Employer’s response including any action taken and the reasons. All such records will be strictly confidential, and you will be given copies of any records retained.