2021 Employee Handbook
Employee Handbook Introduction u Welcome to Sandown u Sandown Values SECTION 1 General Terms and Conditions of Employment page u Eligibility to Work 6 u Changes to Personal Details u Job Title 6 u Payment of Salaries 6 u Incorrect Pay and Deductions 6 u Hours of Work 6 7 u Overtime 7 u Commission/Pay Plans 7 u References 7 u Probationary Period u Collective Agreement 7 u Time Recording 8 u Working Time Directive 8 u Leaving the Premises 8 u Holiday Entitlement 8 u Absence from Work 8 u Sickness/Absence/Timekeeping Policy 10 u Notice Periods 10 u Pension Scheme 15 u Purchasing Power Policy 16 u Data Protection Policy 17 u Rights of Search 17 20 SECTION 2 Company Policies and Procedures u General 21 u Communications 21 u Security/Confidentiality 21 u Monitoring Policy u Buildings and Key Security 22 u Vehicle Accident Reporting Policy 24 u Private Use of Company Vehicles (Non Company Car Drivers) 26 u Health & Safety Policy Statement 26 u Grievance Procedure 27 u Disciplinary Rules and Procedures 30 u Dignity at Work 31 u Appearance Policy 38 u Smoking Policy 41 u Equal Opportunities Policy 42 u Drug and Alcohol Policy 42 u Bereavement Policy 43 u Pay Policy 43 u Expenses and Travel Policy 43 u Flexible Working Policy 44 u Young Workers Regulations 44 u Paternity Leave Policy 45 u Maternity Policy 45 46 2
SECTION 2 Company Policies and Procedures (continued) page u Adoption 47 u Shared Parental Leave Policy u Time Off to Care for a Dependant 47 u Parental Leave 48 u IT Policy 49 u E-mail and Internet Use Policy 50 u Social Networking Policy 53 u Social Media Policy 57 u Smartphones/Tablets Policy 58 u Mobile Phone Policy 60 u Whistleblowing Policy 61 u Anti-Bribery Policy 62 u Anti-Money Laundering Policy 63 u Redundancy Policy 63 u Training and Employee Development Policy 65 u Corporate Social Responsibility Policy 67 u Modern Slavery Policy 69 u Personal Property 69 u Company Property 71 u Clear Desk and Clear Screen Policy 71 u Company Car Policy 72 u Road Safety Policy 72 u Medical Leave Appointment Policy 74 u Adverse weather Policy 75 76 SECTION 3 Benefits u Cycle to Work Scheme 77 u Introduction of an Employee 77 u Life Assurance/Death in Service 77 u Employee Discount Scheme 77 u My Work Life Offers 78 u Staff Retail Purchase Scheme 78 Additional Information SECTION 4 u Notice Boards 79 u Lockers 79 u Jury Service u Time Off for Civic Duties 79 u Receiving of Gifts 79 79 u Alterations 79 u Religious Requirements and Prayer Facilities u Expressions of Interest 79 u Exclusive Employment 79 80 u Collections 80 u Private Correspondence and Telephone Calls/Post 80 u References 80 u BEN – Automotive Industry Charity u Sandown Employee Assistance Programme (EAP) 80 u Site Locations 81 82 3
Employee Handbook Welcome to Sandown It gives me great pleasure to welcome you to the Sandown team. Whether you are new to Sandown or you have been part of the team for some time, you and your contribution to Sandown’s future is highly valued. The success that Sandown enjoys is a direct result of our unwavering focus on our three foundational pillars – the Mercedes-Benz brand, our customers and our people. We are proud to have been Mercedes-Benz dealers for almost 40 years and we recognise that our business is largely a function of the Mercedes-Benz brand. For this reason, we are completely dedicated to serving and delivering excellence for the brand. Without the star on our dealerships, we don’t have a business. We recognise that without our customers we wouldn’t survive. We are passionate about providing the highest levels of customer service and always doing right by the customer. We are determined to ensure that when problems arise, they are dealt with in a timely manner, with humility and to the complete satisfaction of our customers. Our people is Sandown’s most valuable asset. Although we represent the phenomenal Mercedes-Benz brand and have loyal customers, without our team we have nothing. We are committed to taking care of all of our people - we want you to feel safe and secure in your roles and to realise your career aspirations with us. As a private business, we pride ourselves on being entrepreneurial and flexible, and it’s proven to be a significant advantage for us to be nimble and adaptable. Our strong professional and corporate approach to business enables us to provide a consistent performance for Mercedes-Benz, our customers and our people. Our Sandown values – Trust, Care and Quality - underpin everything we do and are the hallmarks of our business; I’d encourage you to reflect these in all of your interactions. The Sandown Employee Handbook provides you with an introduction to Sandown and you are encouraged to refer to it throughout your employment. The Handbook is your guide to working in Sandown and its aim is to advise you of your terms and conditions of employment as well as Sandown’s policies and procedures. Please read the Handbook in conjunction with your Contract of Employment and offer letter, familiarise yourself with its contents and consider how it applies to you. Thank you for your important contribution to Sandown. I look forward to our working together and wish you every success as a member of the Sandown team. Gavin McAllister Group Managing Director TRUST “ Always behaving with integrity in our dealings with customers “ CARE “ and colleagues; doing exactly what we say we will do “ “ Going above and beyond in the service we offer our customers; treating colleagues with dignity and respect QUALIT Y “ Meeting or exceeding the Mercedes-Benz standards at all times; giving our best in all interactions with customers and colleagues 4
Employee Handbook The purpose of the Handbook is to: • Set out and clarify the terms and conditions of employment. • Set out and clarify the Company’s rules and regulations. • Summarise the benefits to which you may be entitled. • Set out some of the main issues which may be of interest to you during your employment. The Handbook provides this information so that an employee knows what is expected of them and what they can expect from their colleagues and the Company. This Handbook supersedes earlier versions of the Employee Handbook which may be referred to in a current offer letter from the Company. All references in such documents to earlier Handbooks should now be taken to refer to this Handbook. The full policy documents that supplement this Handbook are available on the shared drive. Alternatively, your line manager will be able to provide hard copies of these documents. Please ensure that you are aware of the contents of these policies. Updates to this handbook will be made on the online version which is available on the Company shared drive and appear in red ink. If you would like an updated hard copy at any time, please contact a member of the Human Resources Team. The Handbook is divided into a number of sections: Introduction This section explains the importance of the Handbook and introduces the various sections of the Handbook and other Human Resources information. Section 1 – General Terms and Conditions of Employment This section together with your offer letter and Contract of Employment (as amended by subsequent communications from the Company) solely form the terms and conditions of your employment. It therefore sets out important information on the rights and obligations which apply during the course of your employment. Section 2 – Company Policies and Procedures This section sets out important information about the standards of conduct which you must abide by as an employee, and which you can expect from your colleagues. Section 3 – Benefits Section 3 of the Handbook outlines some of the benefits which you may have access to during your employment and sets out where further information can be obtained in respect of each benefit. Section 4 – Additional Information This section sets out information on learning and development and other matters which may be relevant during your career with the Company. Human Resources Procedures, Policies and other Human Resources documents The Human Resources procedures manual which can be found on the shared drive contains the Company’s principal Human Resources policies and procedures. It is important that you take an opportunity within the first few weeks of your employment with the Company to familiarise yourself with the format and contents of the Human Resources procedures manual. The Human Resources procedures manual does not form part of an employee’s Contract of Employment. 5
Employee Handbook Section 1 Section1 General Terms and Conditions of Employment This section of the Handbook together with your offer letter and Contract of Employment form your terms and conditions of employment with Sandown (Dorset and Wiltshire) and Sandown (Surrey and Hampshire) hereafter referred to as ‘the Company’. Eligibility to Work The Company has a legal obligation only to employ individuals who are eligible to work in the United Kingdom (UK). The Company conducts checks of relevant documentation to ensure that it only offers employment to individuals who are eligible to work in the UK. Should an employee’s immigration status or ability to work legally in the UK change, they are obliged, as a condition of continued employment, to keep the Company up- to-date with this information and to provide acceptable and specified evidence of the right to work in the UK. Changes to Personal Details Please provide the Human Resources department with any changes to your personal details. Any changes should be notified as and when they occur using the relevant form. This same form may also be used to notify of a change of address. The Company does not take any responsibility for documentation which goes astray in the event of these details being incorrect. Employees are also responsible for notifying the HMRC in line with Real Time Information (RTI) requirements. Job Title Your current job title is as stated in your offer letter or subsequent communication from the Company, and may be amended periodically by notice to you or in writing by circular. Payments of Salaries All payments of wages and salaries are made by BACS (Bank Automated Clearing System) direct to individual bank accounts on the last working day of the month. Any amendment to your salary/wages will be notified to you in writing. Please inform the Company immediately if you change your Bank Account Details. You will receive your payslip electronically each month. Please ensure that you provide us with an e-mail address that you are happy for your payslip to be sent to. You must advise us immediately if you change your e-mail address. Please note that salaries are paid at the end of the month they have been earned. Incorrect Pay and Deductions from Pay There may be an occasion when through error or omission you receive less than your contractual pay and/ or allowances. Should such an unfortunate circumstance arise, the Company will rectify the situation and any contractual pay and/or allowances not paid to you will be paid on the first opportune pay-day following notification or identification of the omission or error. Conversely, if any error or omission results in any overpayment of pay and/or allowances being made to you it is accepted that the Company reserves the right to deduct any such overpayment from salary on the first opportune pay-day following identification or notification. The Company will take into account individual circumstances and try to achieve a jointly agreed repayment schedule. 6
In the event that the overpayment is made in respect of your final salary payment (or other payment due on termination of employment) the Company reserves the right to request that you repay such sums owed, on demand. If your employment ends and the number of days’ holiday you have taken exceeds your pro-rata entitlement for the holiday year, an appropriate deduction will be made from your final pay or if this is not possible the Company reserves the right to request that you repay such sum on demand. The Company will give you an opportunity to discuss the proposed repayment, and will take into account your personal circumstances prior to determining a repayment schedule. If the holiday entitlement you have taken is less than your pro-rata entitlement, payment in lieu of outstanding holiday entitlement will be made. Hours of Work Different working arrangements apply depending on your role. Your hours of work will be outlined in your offer letter and Statement of main Terms and Conditions Overtime Your offer letter will give details of any overtime payments and the rate at which overtime will be made. Overtime is not guaranteed and is worked at the discretion of your line manager. Overtime will not be paid unless it has been requested and authorised in advance by your line manager. Commission/Pay Plans Commission and pay plans are non-contractual and may be subject to change or removal without notice. References You will be required to provide two names of references, one of which should be your present or ex-employer. We would not approach a present employer without your prior permission. Employment will be subject to receipt of satisfactory references. Probationary Period Your employment is subject to satisfactory completion of the probationary period. Details of your probationary period will be given in your offer letter. During this time, you will be assessed regarding performance, capability, attitude, attendance, timekeeping and suitability for your position in the Company. You will be given any necessary advice and guidance to help you to meet the job requirements. During the probationary period if you have problems with your work, your manager will speak to you and, if your performance is below the acceptable standard, may give you an informal warning. You will be given reasonable time and support to improve. Please let your manager know if you are having difficulties. In exceptional circumstances your probationary period may be extended if your performance is below expectations or you have a lot of sick leave. If your attendance or performance gives cause for concern, your manager will bring it to your attention and if there is insufficient improvement, the procedures for managing performance and attendance will be applied. The Company, however, reserves the right to vary or depart from the application of the disciplinary stages during the probationary period. 7
Employee Handbook Section 1 Collective Agreement There is no collective agreement in force which would affect the terms and conditions of your employment. Time Recording You will be required to record your time worked by using the Time and Attendance Terminal. Your line manager will explain how to do this. Continued failure to clock in or out using the Mitre Finch system may result in disciplinary action being taken against you. Working Time Directive The Working Time Regulation 1998 was introduced to bring the United Kingdom into line with the requirements for the European Working Time Directive and parts of the Young Workers Directive. Companies have to show that they are fulfilling their requirements under their ‘Duty of Care’ to employees by restricting the hours that people work if the person does not wish to work more than 48 hours per week. If you have another job or are considering taking on any additional work with another employer, you must let the Human Resources department know. If you feel that you are exceeding limits on your working hours or are not getting the breaks and rest periods to which you are entitled, speak to your line manager or to the Human Resources department. Leaving the Premises If you have reason to leave the premises you are required to inform your line manager or another employee so that in the case of an emergency, we would know where you are. Holiday Entitlement The holiday year runs from 1st January to 31st December each year. Annual holiday dates must be agreed with your line manager by use of the TMS Self-Service System before they are booked or taken. You will be able to request your holidays electronically via this system on a Company computer – you will be issued with your log on and instructions at your Company induction. Your line manager will show you how to use the system. Employees are required to give reasonable notice to the Company of the dates when they wish to take annual leave. The notice period should be at least twice the period of the leave to be taken. The Company will normally try to accommodate individual preferences for holiday dates, but the needs of the business may have to take precedence, particularly where inadequate notice is given. The maximum number of holiday days to be taken at any one time will be restricted to 10 working days (pro- rata for part time workers) unless a larger duration is agreed in advance due to exceptional circumstances. To assist with administration, we request that each employee take at least two weeks’ annual leave by the end of August each year. The Company reserves the right to fix up to 10 days of the annual holiday. Sales department team members may not take holidays during March and September unless agreed with the Head of Sales in advance. Holiday during this time will only be agreed in exceptional circumstances. No annual holiday can be carried forward into the next holiday year. 8
Annual Holidays Entitlement Calculation Holiday entitlement will be calculated as follows: Employees working five days per week = 30 days per year (inclusive of eight public holidays) Employees working four days per week = 24 days per year (inclusive of eight public holidays pro-rata) Employees working three days per week = 18 days per year (inclusive of eight public holidays pro-rata) All other employees working on a part-time basis will have their holidays calculated pro-rata. All employees who have historically enhanced holiday entitlement (up to 26 days plus eight Public holidays) will have their holiday entitlement calculated pro-rata Employee’s holiday entitlement includes the eight bank holidays for the year (i.e. an employee with 22 days’ holidays will have 30 days’ allowance). At the start of the year the bank holidays are automatically deducted from the entitlement, i.e. 30 days’ holiday, less eight bank holidays (pro-rata for part-time workers). However, if an employee works on a bank holiday, the day that was automatically deducted from their entitlement is cancelled and therefore added back into their holiday allowance. The employee can then book a day off at another time of their choice and therefore not lose out. (This should be booked as holiday). The day will not be given as time off in lieu. If a bank holiday happens to fall on an employee’s normal day off then that day would not have been deducted from their entitlement originally at the start of the year and they will have the additional day (pro-rata for part- time employees) to take at will, therefore the employee should work their normal week and not be given any time off in lieu. For new employees joining the Company part way through the year, the 30-day entitlement will be divided by 365 x number of days left in the holiday year. A rounded up figure will be used. For employees leaving the Company, annual holiday entitlement (including eight public holidays) is divided by 365 x the number of days employed (including weekends and statutory holidays) from start date to termination date. This will be an exact figure. For part-time employees, public holidays will be calculated on a pro-rata basis. There is no obligation on the Company to agree to holiday cancellation requests. Any holiday cancellation requests will be considered in line with the needs of the business. 9
Employee Handbook Section 1 Absence from Work You must wherever possible gain prior agreement from your line manager before being absent from work. An explanation satisfactory to the Company must be given for your absence. If you do not have your line manager’s prior agreement to your absence you must: • Comply with the Company’s rules and procedures if the absence is due to your sickness or injury as set out below. • On the first day of any absence that is not pre-authorised, you must telephone your line manager or acting line manager if they are not available, the Human Resources department before, or within an hour of, the start of your normal working time. You will need to let us know what is wrong, and how long you are likely to be away from work. When you return to work, you must attend a Return to Work interview. If the Company considers that the explanation you have given for your absence, verbally, in writing, or through the Return to Work interview, to be unsatisfactory or false then action under the Company’s disciplinary procedures may be taken against you. Failure to follow the absence notification procedures may also result in disciplinary action being taken. Further details on absence are set out in the Absence Policy. Sickness/Absence and Timekeeping Policy The Company Sick Pay Scheme is paid at the Company’s discretion and the Company reserves the right to amend or discontinue the Company Sick Pay Scheme. Exclusions of an employee is at the discretion of the Company. The Company aims to secure the full attendance and promote good timekeeping throughout the working week. The Company recognises that there may be occasions when absence may be necessary due to sickness. It is the Company’s policy to offer security of employment during such periods, subject to operational requirements and employee’s compliance with the sickness policy, procedure and rules. Payment of Company Sick Pay is conditional upon you complying with the reporting and certification requirements. The duration of sick pay will be dependent on your length of service as shown below. Company Sick Pay is paid at basic pay only and it includes Statutory Sick Pay. Length of service: * Sick pay provision per rolling 12-month period. 0–6 months NIL 6 months up to 2 years 5 days 2 years up to 5 years 15 days 5 years and above 30 days * This will be on a pro-rata basis for employees who work less than five days per week. Employees who have been off sick for a period exceeding 12 months will not roll back into Company Sick Pay. 10
Employees who have absence levels in excess of the Company trigger point for an unacceptable level of absence will be removed from the Company sick pay scheme (CSP) Procedure and rules Employees who are late, or absent from work due to sickness or accident must comply with the following procedure: a. Telephone your line manager or locum line manager or the Human Resources department on the first day of absence, an hour before, or within an hour of commencement of your normal working time. b. Second day of absence - telephone your line manager or the Human Resources department if absence continues and inform of the likely length of absence. c. If an employee is going to be considerably late arriving for work, then they must telephone their line manager or the Human Resources department to indicate that they are intending to report for work and to give their expected time of arrival. d. Complete a Return to Work interview to cover the first seven continuous days of absence, which must be received by the Company by the seventh day of absence (unless an employee is still absent). e. If your absence exceeds, or is likely to exceed, one calendar week, you must consult your doctor and obtain a Fit Note/medical statement expressing the doctor’s opinion of the reason for your absence from work. This must be sent by post or delivered to your line manager/the Human Resources department. If further certificates are required, these must also be sent to your line manager/ the Human Resources department by post or delivered. If your illness lasts longer than one calendar week, you should contact your line manager to advise him or her of your current prognosis at least once a week, unless agreed otherwise. Your Fit Note may reference duties other than your normal role that you could be fit to carry out. You need to discuss these with your line manager or the Human Resources department. f. You may be asked to give your consent for the Company to obtain a prognosis from your doctor. You may also be required to visit a medical adviser appointed by the Company and you will also be requested to give your consent to any report prepared by such medical adviser being disclosed to the Company. Timekeeping You are expected to report for work on time. You should be at your work station and ready to commence your duties by your contracted start time. Failure to do so will be classed as misconduct and may be dealt with under the Company’s Disciplinary Procedure. The Company reserves the right to deduct monies resulting from lateness (including returning from lunchtimes). Deductions will be made from overtime worked or alternatively, if no overtime has been worked, will be deducted from basic pay. 11
Employee Handbook Section 1 Sickness pay The payment of Statutory Sick Pay (SSP) and/or Company Sick Pay is dependent upon the employee providing a self-certification note or a Doctors Medical Certificate, as indicated above. The Company may exclude payment of SSP and/or Company Sick Pay for a specified period of time, if the sickness procedure and the rules are not complied with and/or in the following circumstances: • When it is proven that the employee is abusing the scheme or is not genuinely ill. • When there is late or non-arrival of the self-certification note or the medical certificate. • When the absence is attributable to the employee’s own misconduct. • When the surgery is elective. • When the absence is caused by sporting or self-inflicted injuries. • Where the employee behaves in a manner likely to delay his/her recovery. • Where the employee has not followed the absence notification procedures. • When the injuries were gained whilst being employed elsewhere. • When the employee refuses to accept suitable alternative work that would not delay recovery. • When the unacceptable absence trigger point is reached. Payment of Company Sick Pay during an employee’s notice period will be at the Company’s discretion. Company Sick Pay includes any entitlement an employee may have to Statutory Sick Pay (SSP). If Company Sick Pay ceases, an employee may still be entitled to SSP (for up to 28 weeks’ sickness in total). On exhaustion of any Company Sick Pay, the employee will be paid SSP in accordance with statutory entitlement. Payment of SSP is dependent on satisfying rules regarding periods of incapacity, the period of entitlement, qualifying days and rules for the notification of absence. Any bonus arrangements, as may exist, may also be affected. Should an employee be on maternity pay, paternity pay, adoption pay or shared parental leave pay, they will not be entitled to SSP, since they already receive Statutory Pay (SMP, SPP, SPL, SAP). If you are absent from work due to an accident or a condition sustained on or off duty that is the fault of a third party, you should immediately notify the Company of all the relevant circumstances and any claim, settlement or judgement made in connection to it and any Company Sick Pay paid to you in respect of such absence will be recoverable by the Company only if, and to the extent that, you recover damages in respect of your injury, condition or absence from work. You will be notified if these circumstances apply. You will have a Return to Work meeting, with your line manager, following any absence. If your levels of absence are nearing a level that the Company considers to be unacceptable then your manager will complete a Return to Work Interview Part 2 with you. The purpose of the Return to Work Interview Part 2 is to counsel an employee if they are nearing the trigger level i.e. at 3 separate periods of absence and/or nearing 15 working days’ absence within a rolling year. 12
Unacceptable levels of absence The Company deems that an unacceptable level of absence is four or more separate periods of absence and/ or 15 working days’ absence* within a 12-month rolling period and action, which may include disciplinary action, will be considered as detailed below if: • Your attendance record is significantly worse than those of comparable colleagues or is creating a particular operational difficulty. • Your absence has gone on for a considerable length of time. • If we suspect that you are abusing the scheme. • Where the unacceptable absence ‘trigger’ levels are reached. *Includes self-certified and medically certified absence. Where appropriate, and after initial assessment of the problem, the departmental manager will meet with the employee concerned and issue a Return to Work Part 2 form. The aim of the discussion will be to: a) Identify the frequency and reason for absence and/or lateness and ensure that the employee is aware that their record is giving cause for concern. b) Advise the employee to seek proper medical attention if there is an underlying medical problem. Permission may be sought for the Human Resources department to obtain a Medical Report from the employee’s doctor in the case of persistent short-term absence. Alternatively, the employee may be referred to Occupational Health. c) Inform the employee that persistent short-term absence and/or lateness is unacceptable and puts continued employment at risk. d) Give consideration to the employee’s personal or medical problems and possible ways to help the employee resolve them. e) Indicate what the next step will be if the employee fails to reach the specific standards required. f) A copy of the Return to Work Part 2 will be held on the employee’s personnel file. This document constitutes notice to improve attendance and provides possible options should absenteeism not improve, including implementation of the Company’s Disciplinary Procedure. g) An employee who fails to comply with notification or certification procedures or who otherwise abuses the Company’s rules on sickness absence will be dealt with under the Disciplinary Procedure. 13
Employee Handbook Section 1 Long-term iIl health If the problem is one of long-term ill health, your manager in conjunction with the Human Resources department will via a process of discussion and interview: a) Seek to establish the reasons for absence and its likely duration. The employee will be requested to allow the Company to contact his or her doctor in order to establish the likely length of absence and the long-term effect on capability in relation to job performance and attendance at work. The employee may be asked to see a doctor appointed by the Company to enable a medical report to be prepared for the employer. b) Subsequent to a doctor’s medical report consider offering alternative work or a shorter working week if this would enable the employee to return to work subject to business and operational requirements. c) Inform the employee that long-term absence due to ill health may put the employment at risk, bearing in mind the needs of the Company at that time. d) Set a date at which point termination of employment will be considered if the employee is still unable to return to work. e) If the attendance record does not improve, or if the employee’s long-term absence continues, further interviews will be arranged. At this point, unless the employer has reasonable grounds to believe that there will be an improvement in the foreseeable future, the Company’s decision to dismiss the employee by reason of capability will be explained. Disability In cases where the employee is disabled within the meaning of the Equality Act 2010 (EA), the Human Resources department through a process of discussion and interview will: a) Seek to establish the nature of the illness and its likely duration. The employee will be requested to allow the Company to contact his or her doctor in order to establish the nature of the illness, likely duration and its effects on the employee’s ability to carry out his or her job. The employee may be asked to see an Occupational Health practitioner or a doctor appointed by the Company to enable a medical report to be prepared for the employer. b) Consider making reasonable adjustments to the particular job to accommodate the employee’s short- term or long-term requirements. The Company recognising the substantial effect on the employee’s working life will consider redeployment; other suitable available employment; and/or retraining wherever possible to accommodate the employee’s short-term or long-term requirements. c) In the event that the above are impracticable, a series of interviews will be conducted to avoid loss of employment. However, it is recognised that termination of employment is a possibility, but every effort will be made to accommodate the employee. Any decision taken will be confirmed in writing to the employee. 14
Notice Periods Termination of employment by employee If you wish to terminate your employment with the Company, you are required to give your resignation in writing, with the notice period as follows: Within probationary period 1 week Thereafter 4 weeks Management graded employees are required to give eight weeks’ notice once their probationary period is completed and one week during the probationary period. You will be expected to attend work during your notice period. Only prearranged holidays that were booked and agreed before notice was given may be taken during the notice period. The last day that you attend for work will be the date that your employment terminates. Any holidays accrued but not taken will be paid in your final pay. However, the Company may request that outstanding holiday is taken as part of the notice period. Where the employee fails to give the appropriate period of notice the parties agree that the Company will suffer a loss and therefore will be entitled to mount a claim against the employee for a breach of contract. In this respect the parties agree that a fair estimate of the Company’s losses will be the equivalent of a day’s pay for each day not worked during the notice period. Termination of employment by employer Should the Company wish to terminate your employment, for reasons other than gross misconduct, you will be entitled to notice as follows: Less than 4 weeks’ service nil Up to 2 years’ service 1 week More than 2 years but less than 12 years 1 week for each year worked More than 12 years 12 weeks (maximum payment) This notice period is based on continuous service with the Company. On occasions, a shorter notice period will be mutually agreed. On termination of this contract, the employee is to return all property and equipment belonging to the Company and in the event of any such property or equipment not being returned or being returned damaged, broken, and incomplete or faulty, the Company reserves the right to deduct any financial loss it suffers in replacing, repairing or restoring this property or equipment from any monies owing to the employee. If there are insufficient monies owing to the employee, the Company may accept other offers of repayment or take legal action if deemed necessary. The Company reserves the right to recover any financial loss that has resulted from negligence or a failure to follow Company procedures. Notice of termination of the employment contract by either party must be in writing and include signature and date. 15
Employee Handbook Section 1 Payment in Lieu of Notice (PILON) The Company reserves the right to make payment in lieu of notice and exclude from the premises as appropriate. When payment in lieu of notice is made, no holiday entitlement shall accrue in respect of the period in lieu of which payment is made. All benefits cease with the termination of employment. The Company reserves the right to dismiss without notice or money in lieu in the event that this contract is terminated for serious misconduct as defined in the Disciplinary Procedure. Payment in lieu of notice will be at basic pay only. Garden leave If either you or the Company serves notice on the other to terminate your employment, the Company may require you to take ‘garden leave’ for all or part of the remaining period of your employment. If you are asked to take garden leave, you: • May not attend your place of work or any other premises of the Company. • May be asked to resign immediately from any offices you hold in the Company. • May not be required to carry out duties during the remaining period of your employment. • Must return to the Company all documents and other materials (including copies) belonging to the Company or associated companies containing confidential information. • May be required to take any outstanding holiday entitlement. • May not, without the prior written permission of the Company, contact or attempt to contact any client, customer, supplier, agent or professional adviser of the Company. During any period of garden leave you will continue to receive your full salary and benefits. Pension Scheme You will be automatically enrolled into a workplace pension scheme in line with Auto Enrolment requirements after three months’ service. If you would like to join the workplace pension scheme prior to this, please contact the Human Resources department. Under the rules of the Auto Enrolment scheme, those who have opted out will automatically be re-enrolled every three years. For further advice, talk to the Pension Administrator (details from the Human Resources department). 16
Purchasing Power Policy Purchasing restrictions No one without explicit authority to spend money should do so. All purchases of goods and services of any monetary value by any employee of the Company from outside vendors must be authorised in advance by the employee’s immediate manager. Managers must obtain authorisation from the General Manager or the Department Director before placing any order in excess of £500. No contracts must be signed or entered into under any circumstances without the authorisation of a Director. Disciplinary action will be taken against any employee contravening these sanctions and steps will be taken to recover any financial loss or damage to the business that occurs as the result of an unauthorised purchase or contract. The Company reserves the right to recover from you any monies lost due to unauthorised purchases. Data Protection Policy (please also refer to GDPR handbook) The Company needs to keep certain information about its employees and customers. To comply with the law, information must be collected fairly, stored safely and not disclosed to any other person, company, or organisation unlawfully. The Company aims to fulfil its obligations under the Data Protection Act 1998, and the General Data Protection Regulations (GDPR) which became law in May 2018, to the fullest extent. To do this we must comply with the Data Protection Principles – in summary these state that personal data must be: • Fairly and lawfully processed. • Processed for limited purposes. • Adequate, relevant and not excessive. • Accurate. • Not kept for longer than necessary. • Processed in accordance with the data subject’s rights. • Secure. • Not transferred without adequate protection. 17
Employee Handbook Section 1 Information that is held about you Throughout your employment, and for as long a period as is necessary following the termination of your employment, we need to keep information about you including recruitment, training and the termination of your employment, for purposes connected with your employment. We hold both computerised and manual data which may include, but not limited to: • References from previous employers; • Terms and Conditions of Employment; • Payroll, tax and national insurance information; • Personal Development Reviews; • Job description and duties; • Occupational health records required under the Health & Safety and COSHH Regulations; • Absence records including holiday records and self-certification forms; • Disciplinary records; • Training records; • Contact names and addresses; • Correspondence with the Company and any other information that you have given to us. There may also be other appropriate records held as the need arises to enable us to operate accurate and effective Human Resource and Payroll functions. The information we hold is for management and administrative use only but we may, from time to time, need to disclose some information we hold about you to relevant third parties (e.g. where legally obliged to do so by the HMRC or where requested to do so by you for the purposes of giving a reference, or to service providers such as payroll and pension administrators). Access to your data You are allowed access to all personal data that we hold. However, we are not under any obligation to disclose documents, which were given to us in confidence (e.g. personal references) without the permission of the provider. If you simply want a particular piece of information from your personal file, please ask Human Resources. If you want to see all of the data that we hold, or have a copy of it, please complete a Data Subject Information Request. We aim to supply you the information as quickly as possible, but will ensure that it is provided within 30 days, as required by the Act. If you believe that any of the information we hold is inaccurate, you should discuss it with Human Resources. In the event of a disagreement regarding personal data, the matter should be taken up under the Grievance Procedure. 18
Handling customer data Throughout your employment it is likely that you will have to handle data relating to our customers. When referring to customer data it should be noted that this includes both electronic and physical data. To ensure the Company meets it obligations under current and future regulations, data must be: • Fairly and lawfully processed and collected. • Only be collected and used when consent is freely given, and can be demonstrated. • Processed for limited purposes. • Adequate, relevant and not excessive. • Accurate. • Not kept for longer than necessary. • Processed in accordance with the data subject’s rights. • Secure. • Not transferred without adequate protection. Under the GDPR regulation, customers can request all information the Company holds about them, or request their information is deleted or passed to another company. Such requests should be referred to the Company Data Protection Officer via the Human Resources department. Who is responsible for data? We all are! All employees should ensure: • Limited use of USB drives, memory sticks, or any form of removable or portable media. These are strictly prohibited without prior approval from a Company Director. • Ensure that all personal information provided to us is accurate and up-to-date. • Inform us of any changes to information (e.g. change of address). • Check the information that we make available from time to time, and inform us of any errors. • Ensure that records are stored in locked cabinets or drawers, and secure computer/database systems. • Do not store sensitive data on personal computers, laptops, phones, tablets or any removable media. Customer data should be stored within applications (e.g. Autoline, or on the Company shared drive within secured folders). IT can assist you with this. • Do not send sensitive data extracts or spreadsheets (i.e. information from customer databases, employee payroll data, and sales data including customer details) without password protecting the document and checking that the method of transmission is secure. For example, not all methods of FTP are secure so please check with the IT department before pressing send. • Ensure that personal data is not disclosed either orally or in writing, accidentally or otherwise, to any unauthorised third party. • If you suspect a data breach has occurred this should be immediately reported to the Company Data Protection Officer via the Human Resources department. • On cessation of employment do not delete any data from your systems without prior approval from your line manager. Under no circumstances is it permissible to take data or files relating to the Company, or its customers, suppliers or any other third parties, even if these have been created by you during your employment. 19
Employee Handbook Section 1 • Do not take Company data home to work with on your own computer systems. This includes e-mailing files to yourself or taking hard copies of documents home. Company data should only be handled on Company-owned systems where precautions, such as but not limited to antivirus software, is installed and managed. • Unauthorised disclosure will usually be a disciplinary matter, and may be considered gross misconduct in some cases. Further information If you need any further information regarding Data Protection, speak to Human Resources. Tips for those handling data ! Lock your computer screen if leaving it unattended. ! Don’t leave personal data unattended on your desk or in public areas such as printers. ! Ensure that data cannot be read over your shoulder, either on a screen or on your desk. ! If any doubt exists around any area of data handling always consult your manager. ! Do not save sensitive information locally to your computer, removable media, or mobile devices. ! Ensure any hard copies containing personal data are shredded or placed in a secure disposal bag. ! Where data needs to be retained it should be filed as quickly as possible to avoid the danger of data loss. ! Handle data with the same care and attention that you would money. Rights of Search Management have a contractual right to carry out random searches of employees and their property whilst they are on our premises or business. Vehicles (including personal vehicles) and desk drawers and lockers are included in this clause. It is understood that such checks in themselves do not imply suspicion in relation to the individual concerned. If practicable an employee will be accompanied by a third party who is on the premises at the time of the search is taking place. Employees may be asked to remove the contents of pockets, bags, vehicles etc. Whilst employees have a right to refuse to be searched, refusal to agree to being searched will constitute a breach of contract, which could result in dismissal. Management reserve the right to call in the police at any stage. 20
Section 2 Company Policies and Procedures Whilst the policies and procedures do not form part of your contractual terms and conditions of employment, they do form part of the general standards of conduct which the Company requires all employees to maintain. Failure to abide by any of the policies and procedures may result in disciplinary action being taken against you, which could include dismissal. In addition, the Company may take steps to recoup any financial loss. These rules and regulations may be altered or modified at any time by notice to you or by circular. General You must not act at any time in any way which, in the opinion of the Company, might cause the Company to be brought into disrepute. You must at all times act with the utmost integrity and honesty in all your personal and business dealings. You must report any known breach of rules or regulations, including those by fellow employees, to your line manager or another appropriate manager as soon as you become aware of them. Communications You are expected at all times to maintain the highest standards of professionalism and integrity in all that you do, including your communications with employees, customers, clients, suppliers and the public. These standards apply to communications that are verbal, written and electronic. Security/Confidentiality The security of our employees, buildings, equipment and our information and clients’ information is the responsibility of ALL employees. We must at all times protect them from damage, theft or compromise. You will not either during, or at any time after, the termination of this employment (except as required in the course of your duties for the Company) disclose to any person, firm or company or yourself attempt to make use of any confidential information relating to the business affairs, finances, products, or trade secrets of the Company, customers or suppliers to which you have access or which may come to your knowledge during this employment. On the termination of your employment for whatever reason, or at any time at the Company’s request, you must immediately deliver to the Company any documents, records, computer hardware and software and other disks or tapes kept or made by you and in your possession or control relating to the Company’s business. You must also return your laptop, mobile, keys, fuel card, car, equipment or other property (including any copies) belonging to or related to the business of the Company, its clients, customers or suppliers. You must not retain any other documentation or property of the Company in your possession or control. Following termination of your employment, you will continue to be bound by your obligations of confidentiality. You shall not divulge, use, or in any other way cause to enter into the possession of a third party, any lists or details of customers, or products, or any item of confidential information, or knowledge that was gained by virtue of your employment, or in respect of which the Company is bound by an obligation of confidence to a third party. If you are approached from any member of the corporate media, make no comment, but take the details and refer the matter to the Head of Marketing or the Managing Director. 21
Employee Handbook Section 2 Monitoring Policy Policy purpose and scope This policy sets out the Company’s approach to monitoring in the workplace, provides information relating to the types of monitoring used, the Company’s obligations in relation to such monitoring and the process for introducing additional monitoring. This policy should be read in conjunction with the Company’s policies on e-mail use, internet use, and telephone use and data protection. Company approach to monitoring Employees have legitimate expectations that they can keep their personal lives private and that they are also entitled to a degree of privacy in the work environment. The Company will be clear about the purpose of any monitoring and satisfied that the particular monitoring arrangement is justified by real benefits that will be delivered. Employees should be aware of the nature, extent and reasons for any monitoring, unless (exceptionally) covert monitoring is justified. The Company will identify who within the organisation can authorise the monitoring of workers and ensure they are aware of the employer’s responsibilities under the Data Protection Act 1998. In particular, any data collected will be kept secure and access will be limited to authorised individuals. The Company will not use personal information collected through monitoring for purposes other than those for which the monitoring was introduced unless it is clearly in the individual’s interest to do so or it reveals activity that no employer could reasonably be expected to ignore. Extent of monitoring in the workplace For business reasons, and in order to carry out legal obligations in our role as an employer, use of our systems including the telephone and computer systems, and any personal use of them, may be continually monitored by automated software or otherwise. In addition, the premises are monitored by CCTV, which records data in the following areas: (Forecourts, compounds, workshops, valet areas). Monitoring is only carried out to the extent permitted or as required by law and as necessary and justifiable for business purposes. E-mail and internet monitoring The Company may check the content of e-mails and analyse e-mail traffic and internet usage for the following reasons (this list is not exhaustive): • To ensure compliance with Company policies (including those on internet and e-mail use) • To protect the Company’s data and reputation. • To assess performance. • To comply with any legal obligations. • To assist with investigations into alleged misconduct. • To retrieve data or messages when an employee is absent or when data has been lost due to computer failure. • To detect or prevent crime. 22
CCTV monitoring The Company’s operation of its CCTV system is in compliance with the Data Protection Act 1998. The specific parts of Company premises (listed on previous page) which are monitored by CCTV are clearly identified by prominently placed signs. CCTV has been installed in those areas for the purposes of the detection and prevention of crime and for the safety of customers and employees. It may be necessary to use information recorded on CCTV to assist with a disciplinary investigation in cases where there is a clearly justifiable business case to do so. Telephone monitoring Telephone calls are routinely recorded on all Company telephone systems and are monitored for the following reasons (this list is not exhaustive): • To ensure compliance with Company policies. • To protect the Company’s reputation. • To assess performance. • To comply with any legal obligations. • To assist with investigations into alleged misconduct. • To assist with customer queries and complaints. • For training and development purposes. Where limited personal use of the Company telephone system is allowed, every effort will be made to ensure that personal use is clearly distinguished from business use so that the content of personal calls is not accessed. Use of Company mobile telephones will be monitored to ensure compliance with the Mobile Telephone Policy. In-vehicle monitoring The Company may install a vehicle-tracking system in vehicles used for Company business. The system will record information such as the location of the vehicle and the distance it has covered. If private use of the vehicle is allowed, it is a condition of the Vehicle Use Policy that consent is given to gather information via the tracking system. Consent will not be required in respect of vehicles for which the fitting of a tachograph is required by law. Misconduct The Company may use information gathered through employee monitoring as the basis for disciplinary action against employees. If disciplinary action is proposed as a result of information gathered through monitoring, employees will be given the opportunity to see or hear the relevant information in advance of the disciplinary meeting. Covert monitoring If the Company has reason to believe that certain employees are engaged in criminal activity, the Company may use covert monitoring to investigate that suspicion. In such instances, any monitoring will be carried out in accordance with data protection legislation. 23
Employee Handbook Section 2 Additional monitoring Prior to introducing any monitoring not already covered by this policy, the Company will: • Identify the purpose for which the monitoring is to be introduced. • Ensure that the type and extent of monitoring is limited to what is necessary to achieve that purpose. • Where appropriate, consult with affected employees in advance of introducing the monitoring. • Weigh up the benefits that the monitoring is expected to achieve against the impact it may have on employees. Covert customer monitoring The Sandown group do not condone or find covert monitoring by our customers or a 3rd party acceptable however there is little we can do to prevent it. We would like to advise that the Company will not listen to any recordings or view any footage and take subsequent action unless the customer claims that a criminal act or negligence has allegedly taken place or their complaint is serious enough to warrant our investigating. That said, we request that all employees are mindful that a customer could be using recording devices and to always conduct themselves in a professional manner when dealing with customers or a customer’s property. The Company will ensure employees are aware of when, why and how monitoring is to take place and the standards they are expected to achieve. Buildings and Key Security The Company allows access to building keys and car keys for use by authorised personnel, in order that they can conduct business on behalf of the Company. This policy is designed to maintain vehicle security and maintain building security whilst allowing access to authorised personnel. The Company’s objective is to maintain a safe and secure working environment, to prevent thefts from buildings and theft of vehicles. To provide an efficient and customer-focused procedure to borrow and return vehicle keys whilst maintaining strict control and access to the keys. Building keys procedures Company vehicle and building keys are the property of the Company. The Site Manager / General Manager is responsible for the issuance of keys, maintenance of keys and locks, and inventory of keys. All keys are assigned to individuals. The person whose name appears on the key request form is responsible for all keys listed. All keys must be surrendered upon request of the Company or upon leaving the Company. The key receipt form states the responsibilities of the key holder, and upon signature of this form, the key holder agrees to follow the Company Key and Building Security Policy. It is the Site Manager / General Manager’s responsibility to: • Issue exterior door keys only to those authorised persons who have a continuing need to access a building after closing hours. • Ensure that all unneeded keys are returned immediately. • Report all keys that have not been returned or are lost immediately. 24
Persons failing to return issued keys may be charged for costs associated with re-keying of the spaces accessible by the key. Refusal to return a key upon request may result in disciplinary action. It is the responsibility of the key holder to report any malfunctioning locks to the Site Manager/General Managers. Damaged keys should be delivered to the Site Manager/General Manager to receive a replacement. Lost keys must be reported to the Site Manager/General Manager immediately or within 24 hours of loss whichever is the earliest. At the close of business, the designated responsible person must ensure all doors are securely locked. The following actions are in violation of this policy: • Loaning keys without authorisation. • Duplication of keys. • Altering of keys, locks, or mechanisms. • Propping of doors. • Admitting unauthorised persons into building. • Failure to return a key when requested or upon leaving the Company. Vehicle keys procedure It is a Company requirement that any keys in our possession are securely locked in a key box at all times i.e. Company vehicles, customers’ vehicles, hire cars. The only time it is acceptable not to have the customers’ keys locked in a box is if they are actually in the hand of an employee or in the ignition of the car whilst driving. It is not acceptable to have customers’ keys in pockets or on desks. a) No vehicle keys are to be left on desks. b) No vehicle should be left unattended in a driveable state with the keys in the ignition. c) Where key security safes are in operation, you will be issued with a safe pin number. You are not to pass this pin number to any third party. Once you have retrieved or replaced a key in the safe, please ensure that the safe is securely closed and locked. d) If a key is lost it must be reported immediately e) At the close of business, the designated responsible person needs to ensure that the safe is securely locked. f) Any maintenance issues with the safe need to be reported immediately. g) The following actions are in violation of this policy: • Loaning keys without authorisation. • Duplication of keys. • Altering of keys, locks, or mechanisms. • Failing to lock vehicle doors. • Admitting unauthorised person’s access to the keys and access to the vehicle or to drive the vehicles. • Failure to return a key when requested or upon leaving the Company. Any breach of the above measures will result in disciplinary action which could lead to the termination of your employment. In addition the Company may look to recoup any financial losses caused as a result of a breach of the above. 25
Employee Handbook Section 2 Vehicle Accident Reporting Policy This policy explains the provision and rules relating to all damage to Company vehicles. As a Company we need to record damage to our vehicles whether the damage is caused by a customer or an employee. All damage regardless of whether minor or major needs to be reported prior to any repair work being undertaken. After Sales Managers will be instructed not to authorise any repairs until the relevant paperwork has been completed. Accidents and damage Employees must immediately report to their line manager all damage to a Company car. It is the line manager’s responsibility to ensure the vehicle damage report is completed and forwarded to the Human Resources department. A full written report of the circumstances in which the car was damaged should be clearly documented. If damage to a Company car is incurred as a result of an employee’s negligence, the employee will be liable for the cost of repairing the car or half of the Company’s insurance excess whichever is the lower. The Company’s excess is £1,000 therefore the amount an employee could be liable for is £500. Employees are responsible for any increase in their insurance excess following a claim for damage to a Company car. Payments will be deducted from the employee’s pay unless an alternative method of payment is agreed with management. Employees will not be expected to pay for damage which is considered to be fair wear and tear. If there is any doubt as to whether the damage was caused as a result of employee negligence, the employee may request an Accident Investigation Meeting (or AIM). The hearing will be chaired by the Site Manager/ General Manager or Department Director and attended by the employee’s departmental manager and a member of the Human Resources department. The objective of this meeting is to establish the facts and reach a reasonable and considered decision as to whether the damage was attributable to the employee. At the end of the hearing a decision will be taken as to whether the employee will be required to pay for the repair or part of the repair and if any further action is required. This Accident Investigation Meeting is not a disciplinary hearing and an employee may request an AIM. Please refer to the full Vehicle Accident Policy. Private Use of Company Vehicles (Non Company Car Drivers). Depending on an employee’s position in the Company, they may be permitted to have use of a Company car to assist them to perform their duties and for reasonable personal use. The Company will meet all running expenses incurred for the car including road tax, insurance and servicing costs. (This does not include fuel unless expressed in your contract) For enjoying this benefit in kind, the employee’s personal tax liability will be declared to the HM Revenue and Customs (HMRC) in line with the value of the vehicle. In order to adhere to HMRC rules, the Company strictly prohibits those employees who are not declared to HMRC as a Company car driver – from enjoying private usage of any Company or customer vehicle. The HMRC could view the liability for one day’s private use as one year’s taxable benefit in kind and it is the individual who will be exposed to this risk should the above be contravened. 26
Certain jobs within the organisation require the job-holder to be able to drive company vehicles. Your position falls into this category, and it is therefore a condition of your employment that you hold, and continue to hold, a current driving licence. In the event that you lose your driving licence, the organisation reserves the right to terminate your employment. It is also a condition of your employment that any driving offence or endorsement on your driving licence must be reported to the organisation within one week of its occurrence. Health & Safety Policy Statement The Directors of the Company recognise that they have a responsibility to ensure that all reasonable precautions are taken to provide and maintain working conditions that are safe, healthy and comply with all statutory requirements and codes of practice. To fulfil this commitment, the Company, as far as is reasonably practical, will: • Comply with all relevant Health & Safety legislation. • Maintain a working environment that is safe and without risks to health. • Provide and maintain plant, machinery and equipment that are safe and non-hazardous to health. • Ensure safety and absence of risks to health in connection with the use, handling and storage of substances hazardous to health. • Provide information, instruction, training and supervision to ensure the health and safety at work of employees and others. • Consult with our employees on matters affecting their health and safety. • Prevent accidents and cases of work-related ill health, by carrying out regular risk assessments, monitoring and health surveillance. • Communicate key health and safety messages to employees, visitors, suppliers, contractors and the general public. • Review and revise this policy as necessary at regular intervals. Health & Safety Policy responsibilities (Refer to H&S Handbook) Overall responsibility Overall and final responsibility for health and safety in the Company rests with the Managing Director who will monitor safety policy on a regular basis. The Board will be apprised of health and safety matters to ensure that sufficient resources are available to provide any health and safety equipment, personal protective equipment and training where appropriate. Fire Team A Fire Team has been appointed to assist us in meeting our fire safety obligation. Names and departments of these people are posted on the notice boards. First Aiders First Aiders have been appointed to assist in meeting the Regulations for First Aid at Work. Names and departments of these people are posted on the notice boards. Accidents Any accident involving an employee or customer must be reported at once through the appropriate manager and entered into the accident book. Your manager will tell you the location of your site accident book. Employees should not administer first aid unless qualified to do so. The accident report book must only be completed by a qualified first aider. If this is not possible the form should be countersigned by a manager. 27
Employee Handbook Section 2 Health & Safety representatives Health and safety representatives have been appointed to assist in meeting our Health & Safety obligation. Names and functions of these people are posted on the notice boards. Health & Safety committee meetings The elected Health and Safety representatives will meet quarterly with the Company health and safety representatives to discuss matters arising in connection with health and safety. Managers’ and supervisors’ responsibilities Management will, as far as reasonably practicable: • Establish or enforce safe working methods. • Maintain safe, tidy and healthy working conditions. • Ensure compliance with statutory requirements. • Provide safety devices and personal protective equipment and clothing wherever they are necessary and supervise their use. • Ensure that employees are provided with information and instruction in safety rules, policies and procedures and safe working methods. • Take prompt action whenever unsafe conditions or unsafe behaviour are perceived. • Ensure that accidents are reported and injuries treated accordingly. • Investigate all accidents. • Conduct regular safety inspections and fire equipment testing. • Consult and work jointly with employees in formulating and maintaining effective health and safety arrangements. Employees’ responsibilities It is the duty of all employees to: • Know and comply with the safety rules and fire procedures. • Take reasonable care for the health and safety of themselves and of others. • Co-operate with management in maintaining safe and healthy conditions. • Make full and proper use of safety devices, control measures, equipment and clothing provided. • Comply with the legal obligation not to interfere with or misuse anything provided in the interest of health and safety and welfare. • Report any defective equipment or hazardous conditions to supervisors immediately. • Maintain their working areas in a clean and tidy condition. • Report any injury, however minor, to a first aider or to the Human Resources department. • Report any dangerous occurrences. • Attend any health and safety training relevant to their role. Protective clothing/eyewear There are areas of risk where the provision of protective clothing is a requirement, i.e. accidental oil contamination in the workshop. Therefore, overalls will be provided free of charge and cleaned on a regular basis. Safety footwear, goggles and glasses (where provided) must also be worn at all times whilst doing appropriate work. Disposable gloves are also available. 28
DSE Designated users of display screen equipment are entitled to claim for an eye test (a contribution of up to £25 will be made to cover the cost of the eye test), in addition a contribution of a maximum of £30 will be made toward basic spectacles where they are required for DSE use. The maximum allowance made for both eye test and basis spectacles is £55. Requests for this provision should be made via the Human Resources department whereby an assessment will be made to determine the employee is a DSE user. Employees should not arrange or attend an eye test prior to ascertaining they are designated DSE user. Please refer to the Company Eye Care Policy for more information. Stress at Work Policy The Company will take all reasonable steps to reduce health and safety risks from stress in the workplace to as low a level as reasonably practicable. Causes of stress (stressors) will be identified and managed. A suitable and sufficient assessment of the risk of these stressors will be undertaken. Identified risks will be reduced to as low as is reasonably practicable through safe systems of work, suitable equipment and information and training. Employees will make proper use of any equipment and systems of work provided for their safety. Any reports of stress at work will be investigated and individuals will be provided with appropriate support. Please refer to the Company Stress at Work Policy for more information. Fire You should familiarise yourself with the position of the fire extinguishers and the instructions of what to do in the event of a fire, which are posted around the buildings. It is in your own interests: a) To know what to do in the event of a fire and how to use the fire extinguishers. b) To make certain that you are familiar with all means of escape in case of fire, and that staircases, landings and other exits are clear from obstruction at all times. c) To discuss with a manager any queries you may have concerning these instructions. d) To escort any customers that you may be attending from the premises. You are reminded that fire drills are held at regular intervals, and it is emphasised that you must respond to these in a responsible manner and know where your evacuation point is. Action taken in the event of a breach of Health & Safety rules All employees are expected to accept their responsibility to work safely and to follow Health and Safety rules and procedures. Failure to observe these requirements, endangering the health and safety of employees, or behaving recklessly or negligently will lead to disciplinary action. All employees are required to wear the designated Personal Protective Equipment (PPE) when required for their particular type of work or when entering a mandatory protection area. Failure to do so could result in disciplinary action being taken. No employee shall intentionally or recklessly interfere with or misuse any item of Personal Protective Equipment provided for their use. 29
Employee Handbook Section 2 Grievance Procedure Everyone’s working life should be enjoyable and rewarding. However, there may be times when someone may feel they wish to discuss a grievance or employment problem. Grievances are complaints that employees raise with their employers. We are always keen to resolve internally any issues that may arise during your employment with us. The Company Grievance Procedure is available to any employee to resolve issues where individuals feel they have been disadvantaged or unfairly treated in relation to their terms and conditions of employment, health and safety, working relations, new working practices, working environment, organisational change, equal opportunities, bullying and harassment. (If you believe that you have suffered any form of discrimination, harassment, bullying or victimisation in the workplace, please refer to the Dignity at Work Policy for dealing with such issues). What to do first Your first approach should be to discuss and try to resolve any grievances with your line manager informally. However, if your grievance relates to an allegation against your line manager, please approach a more senior manager or the Human Resources Manager. This has the advantage of allowing grievances to be resolved quickly with someone who is known to you. If your grievance cannot be resolved informally, you may use the formal Grievance Procedure. What to do to bring a formal grievance Where it is inappropriate or has not been possible to resolve your grievance informally, you may wish to raise a formal grievance. To do this you should complete the grievance notification form to detail your areas of concern and ensure that you have read the Grievance Policy. The manager will then invite you to a meeting, within 10 days of receipt of your written grievance, for you to explain your grievance so he/she can fully understand the details. After this meeting, the manager will investigate and consider all the facts and notify you of the decision in writing. Where practicable a time limit of 10 days will be set from the time of the first hearing of the grievance to the time when a decision is given. A time scale will be given and agreed from the time of the first hearing of the grievance to time of the decision is given. However, if further investigations are necessary due to the complexities of the case, availability of witnesses and so on, the case may be adjourned for these to be completed within a reasonable timescale. If you disagree with the decision, you have the right to appeal. You should address your appeal to the member of management specified in the grievance outcome letter. Your appeal should be in writing and received within five working days of your receiving the grievance decision. Only in exceptional circumstances will your appeal be heard if it is not put in writing and is not received within the specified time limit. The reason for the appeal must be stated in the letter and must include one of the following: • Why you feel the original decision was not a logical and reasonable response to the facts presented. • Why you find the finding unfair. • Additional information/new evidence has come to light since the grievance hearing which you believe would mean that the original decision was not logical and reasonable. You should provide detail of this new information/evidence. You will then be required to attend a further meeting with a manager who will hear the appeal. This will be someone who was not previously involved in your grievance. The manager will invite you to a meeting within 10 days of receipt of your written appeal. At the appeal hearing, the facts will again be considered and a decision reached. This decision is final. There is no further right of appeal. You have the right to be accompanied by a fellow employee or a trade union representative at any grievance hearing or appeal. 30
In some instances, the Company may view the alleged allegations as so serious that under the duty of care they will launch an investigation independently. The Company reserves the right not to pursue grievances that are frivolous or vexatious, or that merely repeat complaints that have already been made. Recording Meetings Please note that the Company does not allow any meetings/hearings or other conversations to be recorded (openly or covertly) by any means apart from official notes taking in writing by a note taker appointed by the Company). The use of audio recording devices (including mobile phones) to record meetings/hearings or other conversations is not permitted and you are encouraged to engage with the meeting chair/and or Human Resources prior to the meeting to discuss any such intent. Breach of these provisions will be dealt with as a disciplinary offence and may be considered as gross misconduct in appropriate cases. Feedback on Company policies, procedures and processes The Grievance Procedure is not intended to provide a process for employees to routinely question Company policies and procedures. When a complaint relates to a generic Company policy or procedure which affects a large number of employees, the internal procedure shall be for the matter to be dealt with through the Human Resources department. An employee or group of employees wishing to raise a complaint in respect of a generic Company policy or procedure should raise that matter in the first instance with their line manager who will take details of the complaint and raise the matter with the Human Resources department. Disciplinary Rules and Procedures Employees who depart from normally expected standards of conduct, work performance, timekeeping, attendance, adherence to safety regulations, etc. will be subject to disciplinary action. The following Disciplinary Procedure is applicable in instances of unsatisfactory conduct or job performance; low or loss of capability; bad timekeeping; absence without satisfactory explanation; a legal requirement preventing the employee from continuing to do the job; not observing safety regulations or other rules and procedures and in no way prejudices the Company’s right to dismiss summarily where the conduct of an employee justifies such action. In addition to the pursuance or independently of the disciplinary procedure the following instances will render the employee liable to reimburse to the Company the full or part of the cost of the loss: • Any damage to vehicles; stock or property; • Theft or loss of a vehicle • Losses incurred as a result of a failure to follow the sales process or as a result of miss-selling; • Financial loss caused as a result of failure to observe rules, procedures or instruction; • Carelessness; negligence; unsatisfactory work or deliberate vandalism. This list is not exhaustive. 31
Employee Handbook Section 2 Negligence or lack of attention to detail during the stock ordering process will be dealt with in line with the Company’s disciplinary process and compensation for any loss suffered by the Company as a result of the incorrect vehicles being ordered will be sought. Where an employee commits a serious offence and the Company requires time to carry out an investigation prior to a disciplinary decision, the Company reserves the right to suspend the employee on full basic pay, while the investigation takes place. In certain circumstances the Company may deem it appropriate to miss out one or more of the disciplinary stages and specifically reserves the right to do so. Our Disciplinary Policy exists to explain the standards of behaviour the Company expects and the process to be followed if you are alleged to have broken a disciplinary rule. Breaking or failing to follow a rule with regard to behaviour is often called misconduct and must be considered a serious matter. Our intention is to encourage employees to improve their behaviour and to deal with cases of misconduct thoroughly and fairly. When going through the Disciplinary Procedure, it is important that cases are approached in a consistent manner, the actions taken are reasonable and the procedure is fair. It is also important that confidentiality is maintained throughout the process. The Company has a right to expect its employees to adhere to acceptable standards of conduct and to deal with customers, colleagues, contractors and suppliers in a cooperative and respectful way. Whilst each disciplinary stage will entail discussions on the exact requirements for improving standards of conduct, a serious incident of misconduct will have the appropriate level of sanction applied, for example it may be appropriate to go straight to the final written warning stage. In certain circumstances, demotion may be considered as an alternative to dismissal. Although not exhaustive, a range of examples of misconduct for which disciplinary action will be taken, are as follows: • Failing to comply or keep up-to-date with Company policy, procedures, guidelines and regulations. • Failure to comply with Health & Safety rules. • Refusal to comply with a reasonable management request. • Demonstrating an un-cooperative and/or disrespectful attitude towards customers and employees, e.g. swearing in front of customers/employees. • Making offensive or negative statements about the Company, employees or customers which may cause embarrassment to the Company for example on social networking internet sites. • Abuse or misuse of Company property. • Leaving your allocated place of work without permission or good reason. • Engaging in unnecessary activity which prevents you from fulfilling your role, e.g. taking longer than necessary to complete a task, unreasonable use of the internet in Company time. • Knowingly providing a false or inaccurate statement as part of an investigation. • Failure to devote your time, attention and/or abilities during working hours to your duties for the Company. • Absence levels in excess of the Company’s trigger points. • Smoking in a Company vehicle. • Failure to meet required standards of work performance. • Breach of privacy, trust or confidence. 32
The Company regards all of the above examples as similar or ‘linked’ acts of misconduct and they will therefore be dealt with via the same disciplinary route. Other examples of misconduct, which will also necessitate disciplinary action, are: • Attendance related misconduct, for example; unauthorised leave of absence. • Poor time-keeping/lateness from breaks. • Failure to follow the correct absence reporting procedure. • Having a level of absence higher than that which the Company deems to be acceptable. Gross misconduct Cases of gross misconduct may lead to summary dismissal, i.e. dismissal will be immediate and without recourse to the normal warning steps, without notice of termination or compensation for loss of notice. Some examples of gross misconduct incidents are as follows (this list is not exhaustive): • Serious breach of or failing to comply with Company policy, procedures, guidelines or regulations. • Serious or persistent breach of Health & Safety rules. Endangering the life, health or safety of fellow employees recklessly or negligently. • Repeated or serious failure to follow reasonable management requests. • Demonstrating disrespectful behaviour of a serious nature, e.g. swearing at customers, employees, contractors or suppliers. • Making offensive, negative or derogatory statements about the Company, employees or customers (for example on social networking sites) and thereby causing embarrassment to the Company, damage to the Company’s reputation or bringing the Company’s name into disrepute. • Behaving in such a way that the relationship of mutual trust and confidence between employer and employee is destroyed and so that the continuation of employment then becomes impossible. • Being under the influence or in possession of illegal drugs or serious incapability brought about by alcohol. • Unlawful discrimination, discriminatory behaviour towards employees or customers, including unwelcome sexual or personal attention. Grossly indecent or immoral behaviour, deliberate acts of harassment, abuse or bullying. • Fighting or physical violence or threats of violence on Company premises. • Committing a dishonest or fraudulent act, e.g. stealing or intending to steal cash, merchandise and/or property from the Company. • Falsifying or forging documents/systems for personal gain, including time sheets, absence records, accounts, expense claims, self-certification forms, references on appointment and so on, in respect of yourself or any other employee. • Wilful damage to or theft of Company property or theft or wilful damage of the property of fellow employees. • Manually clocking-in or out on behalf of an employee or knowingly permitting another employee to manually amend clocking’s on your behalf. • Information technology/computer and/or equipment misuse including the telephone systems (as detailed in the IT Policy). • Smoking in designated non-smoking areas. • Failure to report immediately any damage to property or premises caused by you. • Use of our Company passenger vehicles without approval or the private use of our Company commercial vehicles for personal gain. Allowing a third party use one of our vehicles without authorisation. 33
Employee Handbook Section 2 • Unauthorised use of a customer vehicle. • Failure to report any incident/accident whilst driving our vehicles, whether or not personal injury or vehicle damage occurs. • If the employee’s work involves driving, failure to report immediately any type of driving conviction or summons which may lead to your conviction. • Carrying unauthorised goods or passengers in our Company commercial vehicles or the use of Company vehicles for personal gain. • Undertaking private work on the Company premises either in work time or the employee’s personal time, using the tools and equipment of the Company without the written permission of the relevant Director. • Deliberate negligence in carrying out your job role. • Disclosure of confidential, internal Company or Company sensitive information to inappropriate internal or any external third party, including but not limited to the press or media. • Any conduct prejudicial to the goodwill of the Company. • Personal misconduct which may be in breach of criminal and/or civil law. • Gross insubordination. • Manipulating or trying to manipulate customer satisfaction index results. • Removal of any item from a Company or customer vehicle for personal gain. • Removal of scrapped parts and warranty parts from the premises without consent from Head of Aftersales / Company Director. • Negligent act or omissions that lead to a loss of trust and confidence. • Covert recording of meetings or covert recording of colleagues and management in any work situation unless authorised by the Company as part of a mystery shop or training exercise. • Causing a financial loss to the business through negligence or failing to follow Company policies and procedures. The Company reserves the right to change the procedures for cases of gross misconduct in accordance with its policy. Informal process Minor cases of misconduct should normally be dealt with informally. The relevant line manager should set up an informal meeting to discuss, for example: • The behaviour/action that has infringed on a disciplinary rule. • The standard of behaviour required. • The improvements to be made and the timescale for improvement. • Consequences of future behaviour not improving to the required standard. This meeting may be followed up in writing outlining the points discussed. If dealing with the matter informally does not result in the required improvement, or if the first instance of misconduct is more serious, the formal process must be followed. Formal process The formal process must be followed before deciding on any disciplinary action. 34
Investigation Before raising any allegation, the Company will endeavour to gather all relevant facts and information. The employee may be invited to attend an investigation meeting as part of this process. There is no requirement for the Company to give notice of this meeting. The employee does not have a statutory right to be accompanied at this meeting. Knowingly providing false or inaccurate information during an investigation will in itself be regarded as a disciplinary offence. The employee’s line manager will normally manage the disciplinary process and will usually appoint a manager to carry out an investigation. The purpose of the investigation is to gather evidence and to decide if an allegation of misconduct is with foundation. If the Company is satisfied there is a disciplinary issue to answer, the employee will be invited to attend a disciplinary hearing. The employee will be informed if the conclusion of the investigation is not to proceed to a disciplinary hearing. Invitation to hearing A different line manager to the chairperson of the investigation and/or a member of the Human Resources department would normally hear the case. The employee will be told in writing what they are alleged to have done wrong, why the behaviour was unacceptable, and invited to a hearing to discuss the allegations. The employee will be given at least three days’ notice of the hearing. If the employee wishes, they may be accompanied by an employee or trade union representative. Hearing The manager hearing the case must explain the alleged misconduct to the employee and talk through the findings of the investigation. The employee will then be given the opportunity to respond to the allegation, put forward his/her case and ask questions. The employee will be given the opportunity to draw attention to any mitigating circumstances/evidence before any decision as to the appropriate disciplinary penalty (if any) is taken. If the employee or his/her companion raises any issues that need further investigation, the hearing will be adjourned until that further investigation has concluded. Please note that the Company does not allow any meetings/hearings or other conversations to be recorded (openly or covertly) by any means apart from official notes taking in writing by a note taker appointed by the Company) The use of audio recording devices (including mobile phones) to record meetings/hearings or other conversations is not permitted and you are encouraged to engage with the meeting chair/and or Human Resources prior to the meeting to discuss any such intent. Breach of these provisions will be dealt with as a disciplinary offence and may be considered as gross misconduct in appropriate cases. After hearing the evidence and explanations of the employee’s actions, the manager must decide whether disciplinary action is appropriate. If no disciplinary action is to be taken, the employee will be informed. If it is decided that disciplinary action is justified, the manager must decide what form that should take, inform the employee and confirm the decision in writing. The letter will clearly state the reasons for the warning, the required standards and timescales for improvement. 35
Employee Handbook Section 2 If, after the hearing, it is felt that disciplinary action is appropriate, the following procedure will apply: Stage 1 – Written Warning The first formal action is usually a written warning. This informs the employee that he/she has not met the expected standard, sets out the details of the misconduct and the improvement required. The warning will also state that the consequences of not improving to the specified standard could be a final written warning, demotion or dismissal. A written warning remains ‘live’ on record for 12 months. After this time, it will be disregarded within any further disciplinary process. Stage 2 – Final Written Warning If the required improvement does not materialise or there is another breach of disciplinary standards while the written warning is ‘live’, or the initial misconduct is more serious, consideration should be given to issuing a final written warning. The warning will also say that if the employee does not improve to the specified standard then that could lead to demotion or the employee may be contractually dismissed in line with Stage 3 of the Disciplinary Policy. A final written warning remains ‘live’ on record for 12 months. After this time, it will be disregarded within any further disciplinary process. Stage 3 - Dismissal If there is a breach of disciplinary standards while a final written warning is ‘live’, or there is an extremely serious breach of disciplinary rules, the appropriate disciplinary action may be dismissal or some other penalty (e.g. demotion). The employee will be advised of the outcome of the hearing in writing within seven days. The letter will clearly state the reasons for dismissal, the date the employment will end and the period of notice. Any reference provided in the future will state that the reason for leaving was dismissal. Leaving arrangements should also be clarified at this point (e.g. notice, holiday entitlement). The dismissal will normally be with paid notice unless the act amounts to gross misconduct and warrants summary dismissal. Only in very serious cases, where the behaviour amounts to gross misconduct, will summary dismissal be considered. In such circumstances there must be reasonable belief that the employee committed the act and that there were no mitigating circumstances which may justify a lesser penalty. In certain circumstances the Company may deem it appropriate to miss out one or more of the disciplinary stages and specifically reserves the right to do so. Disciplinary demotion This option is available at the discretion of the line manager in full consultation with the Human Resources department, when an employee’s performance or conduct may warrant this sanction. If the employee is considered capable of performing to an acceptable standard in a more junior position this may be considered instead of/as well as a disciplinary warning/dismissal. 36
Suspension The Company reserves the right to suspend the employee with pay for a period of time to enable a full investigation into allegations to be carried out. Please note that suspension hours do not count towards overtime/bonus payments. Suspension does not constitute the imposition of a disciplinary sanction. Appeal procedure The employee has the right to appeal against any disciplinary action. This must be in writing within five working days of the hearing. The employee will be advised at the end of the hearing and in the outcome letter that the appeal should be addressed to. Please note that it is important that the appeal is received in writing and within the five working day time limit detailed above. Only in exceptional circumstances will the appeal be heard if it is not put in writing and is not received within the specified time limit. The reasons for the appeal must be clearly stated in the letter and must include one of the following: a) The reasons the employee believes that the original decision was not a logical and reasonable response to the facts presented. b) The reasons the employee believes that the finding is unfair. c) Additional information/new evidence has come to light since the disciplinary hearing which the employee believes suggests that the original decision was not logical and reasonable. Detail of this new information/evidence must be provided. The employee will then be required to attend a further meeting with a manager who will hear the appeal. This will be someone who was not previously involved in the disciplinary case. At the appeal hearing, the facts will again be considered and a decision reached. This decision is final. There is no further right of appeal. We reserve the right to waive the disciplinary process until an employee has reached the relevant service for unfair dismissal rights. Raising a Grievance during a Performance Improvement (Capability) or Disciplinary Procedure. Should an employee submit a grievance or an appeal during the Performance Improvement or Disciplinary process which is related to the case the Company may deem it appropriate to temporarily suspend the Performance Improvement or Disciplinary proceedings pending the outcome of the grievance or appeal in order to safeguard the fairness of the process. However, if the grievance or appeal are not connected to, or have no bearing on the case, the Company may deal with both concurrently. Criminal Convictions If an employee is charged with, or convicted of a criminal offence they are required to inform the Company at the earliest opportunity. A criminal conviction will not, in itself, be regarded as an automatic reason to invoke the disciplinary procedure. Consideration will be given to whether the conviction merits action because of its employment implications, such as any impact on the Company’s reputation or whether the employees actions and/or conviction are unacceptable to other employees. The facts of the case will be established to determine whether the conduct may warrant a formal disciplinary action. Any investigation and subsequent disciplinary action will be separate to any police investigation and judicial process. 37
Employee Handbook Section 2 Dignity at work - Discrimination, Harassment, Bullying and Victimisation The Company aims to create a working environment that realises the full potential of employees and encourages their creativity and productivity. We all have a responsibility to promote good practices which ensure the fair treatment and well-being of our employees, agency staff, customers and contractors. In addition to our legal responsibilities, we recognise that harassment and unfair treatment is harmful both to individuals and their families and to the Company. Harassment and/or unfair treatment can lead to accidents, absenteeism, poor performance and apparent lack of commitment and ultimately resignation from the Company. It can impact badly on safety, organisational effectiveness and business success and expose the Company and its employees to legal proceedings. Everyone is entitled to work in an environment that is free from unfair treatment and harassment. We aim to provide such an environment where colleagues treat each other, and customers, suppliers and contractors with dignity and respect. Anti-Harassment Policy Harassment is unwanted conduct that intentionally or unintentionally violates a person’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive working environment for him or her. Each person has the right to decide whether certain behaviour is either acceptable or unacceptable. If an individual finds certain behaviour unacceptable and he or she feels damaged by it, then that individual has every right to say so, and his or her right to do so will be respected. Harassment takes many forms, occurs on a variety of grounds and maybe directed at one person or many people. Harassment can include unwelcome physical, verbal, or non-verbal conduct and it could amount to unlawful discrimination. It can involve a single incident or may be persistent and maybe directed towards one or more individuals. In addition to racial and sexual harassment; harassment on the basis of age, disability, health, social class, membership or non-membership of a trade union, religion or belief, sexual preference or orientation, nationality or employment status are also included. Below are some examples of what would constitute as harassment. These examples are not exhaustive. Unwanted Physical Contact such as unnecessary touching, patting, pinching, brushing against another individual’s body, insulting or abusive behaviour or gestures, physical threats, assault, coerced sexual intercourse or rape. Unwanted Verbal Contact such as unwelcome advances, patronising title or nicknames, propositions or remarks, innuendo, lewd comments, jokes, banter or abusive language which refer to an individual or group’s gender, colour, race, nationality, ethnic or national origins, disability, sexual preference, repeated suggestions for unwanted social activities inside or outside the workplace. Unwanted Non Verbal Contact such as racially or sexually based graffiti referring to an individual’s characteristics or private life, abusive or offensive gestures, leering, whistling, display of pornographic or suggestive literature or other items; pictures or films/videos or inappropriate use of the Company network or social networking system/internet for this purpose. 38
Bullying can be defined as ‘offensive, intimidating, malicious or insulting behaviour’, or an abuse or misuse of power, which has the purpose or effect of intimidating, belittling and humiliating the recipient, leading to a loss of self-esteem for the victims and ultimately the self-questioning of their worth, both in the workplace and society as a whole. Bullying can include criticism and personal abuse and/or ridicule, either in public or private, which humiliates or demeans the individual(s) involved; eroding their self-confidence. Deliberately undermining a competent worker by overloading, and constant criticism. Misuse of power or position. Making threats or comments about job security without foundation. Victimisation consists of treating an individual less favourably than others are treated or would be treated in the same or similar circumstances, because they have made a complaint or allegation of discrimination or have acted as a witness or informant in connection with proceedings under any discrimination legislation. Preventing individuals progressing by intentionally blocking promotion or training opportunities. Inappropriate use of social media to circulate images of colleagues or defamatory statements regarding colleagues even if they are not expressly named as long as the Company reasonably believes they are identifiable. Other conduct, which degenerates, ridicules, intimidates or is physically abusive of an individual or group. The examples above are not exhaustive. The environment The Company prohibits the display of sexually offensive material, e.g. pin-ups and posters and will if necessary ensure that workplaces are inspected and offending material removed. All new employees will be informed of the Dignity at Work Policy at induction training. The Company expects all managers and supervisors to ensure that this policy and procedure is adhered to at all times. Social media The Company does not object to you setting up personal accounts on social networking sites or blogs on the internet, in your own time and using your own computer systems. However, you must not do so on Company media or in work time. You must not: • Make any derogatory, offensive, discriminatory or defamatory comments about the Company, its employees, contractors, suppliers, customers or clients (an employee may still be liable even if the Company, its employees, contractors, suppliers, customers or clients are not expressly named in the websites or blogs as long as the Company reasonably believes they are identifiable). • Make any comments about the Company’s employees that could constitute unlawful discrimination, harassment or bullying. 39
Employee Handbook Section 2 Procedure Informal action If an individual feels that he/she has been harassed, unfairly treated, victimised, discriminated against or bullied and if they feel able to do so, should immediately tell the individual(s) doing it that their behaviour in question is offensive, unwanted and that they must stop. Alternatively, he/she may prefer to write to the individual(s); if this is the case then a copy of the dated letter should be kept. Alternatively, the employee may prefer to ask a colleague to speak to the individual(s) on their behalf. A note should be kept of the date(s) and what was said by all involved. This may be needed as evidence, should harassment, victimisation or bullying continue or subsequently recur. This form of action is often sufficient to correct the situation, particularly if the individual(s) involved were unaware that the behaviour was causing offence. Formal action At any time, whether or not informal action has been taken, any individual(s) who feels that they or others have been harassed, victimised, discriminated against, bullied or treated in a way that breaches this policy, can raise the matter directly with their manager in writing – with a copy of the letter being forwarded to the Human Resources department at the same time. The nature of harassment, victimisation, discrimination or bullying is such that it is recognised that an individual may not wish to raise the matter with their manager or supervisor. In these cases, the complaint can be made directly to the Human Resources department. Handling the complaint The Company reserves the right to suspend the alleged perpetrator and/or those allegedly involved on full pay pending an investigation into the complaint. Suspension will be dependent upon the nature of the complaint. A suitable manager and/or a member of the Human Resources department will formally investigate all complaints. Complaints will be acknowledged and an investigation instigated by the Human Resources department. Please refer to the Company Grievance Procedure for full details on conducting a formal investigation. Complaints will be dealt with promptly. Where formal investigations have been conducted and where a manager has reasonably concluded that some form of discrimination or harassment has taken place, those responsible for such acts will be subject to the Company Disciplinary Procedure. Please refer to the Company Disciplinary Procedure for full details. In serious cases, such behaviour will be deemed to be gross misconduct and as such, may result in dismissal from the Company. Any acts of retaliation or intimidation against a complainant are likely to be considered as a form of victimisation and will be treated as a disciplinary offence. 40
All investigations into complaints will be objective and will ensure respect for the rights of both the complainant and the alleged perpetrator. All complaints will be handled in an expeditious and confidential manner (except between those concerned). It is expected that all concerned abide by this. Breaches of confidentiality will be viewed very seriously and may result in disciplinary action. Allegations found to be malicious will be regarded as a disciplinary offence. Please refer to the Dignity at Work Policy for further information. Appearance Policy The Company’s Appearance Policy requires all employees to attend for work dressed in a clean, safe and tidy manner. The personal appearance of our employees makes a vital contribution to the image and standing of the Company. In setting standards, we emphasise that your appearance should reflect and complement the image created by the Company. Where provided uniforms must be worn at all times. Specific departments or teams may have different rules within the Appearance Policy, either for health and safety reasons or because employees are in contact with clients and other business associates. The Company is an equal opportunities employer and any employees from ethnic groups who feel they cannot comply with this policy should contact the Human Resources department. Any employee who feels he or she cannot comply with this policy on health grounds should contact the Human Resources department. In office environments in addition to formal office attire, the Company provides the option to employees to wear smart/casual clothing. When wearing smart/casual clothing, care must be taken to wear clothing that is appropriate and takes into account: a) With whom daily dealings are conducted. b) Any client Company preferences. c) Other business associates and general visits to the Company sites. If you arrive for work inappropriately dressed for your working environment, you will be asked to return home, change and return to work. You will be expected to make up any lost time. Trainers, jogging bottoms, embellished printed t-shirts, sportswear, and football/rugby shirts are not permitted (although this is not an exhaustive list of exclusions). The line manager will raise the matter of inappropriate clothing with the employee concerned. The Company reserves the right to insist that employees do not wear jewellery that it believes may cause offence to customers or other employees. Equally, jewellery must not pose a safety hazard. Hair must be well groomed. Employees who operate machinery must ensure that long hair is secured in such a way that it does not pose a safety hazard. Employees must comply with the appearance code and departmental and Company rules regarding work wear and personal protective equipment. Failure to do so may lead to disciplinary action being taken. 41
Employee Handbook Section 2 Equal Opportunities Policy Statement The Company is committed to an active Equal Opportunities Policy from recruitment and selection, through training and development, appraisal and promotion to retirement. The Company is totally committed to both the spirit and the letter of the laws relating to the provisions of equal opportunities in employment and the prevention of discrimination. The Company will not discriminate on the grounds of sex, race, ethnic origin, religion or beliefs, disability or other grounds of discrimination such as sexual orientation or age. This will also apply to any advertisements for jobs and the selection and interview of any candidates, either internal or external. Training will be provided for those involved in the recruitment and interview process. Employees who are disabled or become disabled during the course of their employment should inform the Company immediately. The Company will then, wherever possible, make ‘reasonable adjustments’ to their job roles or working conditions. Careful consideration will be given to any proposals of this nature and, where reasonably practical any suggested adjustments will be made. There may however be circumstances where it will not be possible for the Company to accommodate proposals and where less favourable treatment may be justified in accordance with statutory provisions. Each employee has a responsibility for the practical application of equal opportunities in their day to day activities and working relationships with colleagues and customers and to ensure that they do not carry out any acts of discrimination, unfair treatment, harassment or victimisation. The Company will work to retain a broad representation of people with appropriate skills and knowledge and to avoid a bias towards any particular group in society. Smoking Policy The objective of the Company is to establish a safe, healthy and comfortable working environment for all employees, whilst respecting the preferences of both smokers and non-smokers. This policy applies to cigarettes, cigars, smoking tobacco e.g. pipes/roll ups, herbal cigarettes, electronic/e-cigarettes, personal vaporisers and electronic nicotine delivery systems (ENDS). As the success of the policy depends upon the consideration and co-operation of smokers and non-smokers, all employees, visitors and contractors are expected to respect the provisions as detailed below. • The sites operate as non-smoking areas except for the designated external smoking areas. • No smoking allowed in Company vehicles. • There are to be no smoking breaks other than during your official breaks. • Appropriate signs will be posted at all entrances throughout the workplace. Employees not adhering to this policy will be liable to disciplinary action. Please refer to the Smoking Policy for further information. 42
Drug and Alcohol Policy If the misuse of alcohol and/or drugs adversely affects your performance and you do not take steps to overcome the problem, your line manager will take disciplinary action. It is particularly important that employees who work in a hazardous occupation, have driving duties or work at heights should not consume alcohol at all while on duty, and should not attend for duty with their ability to perform their duties adversely affected. If you are experiencing problems, irrespective of their nature, which may be affecting your work it is advisable to discuss these with your line manager and/or a member of the Human Resources department at an early stage so you can be given appropriate advice and assistance before the matter becomes more serious. Dependency is distinguished from cases where an employee might occasionally arrive at work under the influence of alcohol or drugs. Such cases will be dealt with under normal disciplinary procedures. Incapability at work caused by alcohol or drugs is treated as a very serious matter and may result in your dismissal for gross misconduct. Bereavement Policy It is the Company’s policy to provide paid leave of absence at basic pay of: • Up to 10 days in the event of a bereavement of an employee’s child • Up to five days in the event of a bereavement of an employee’s spouse/partner • Up to three days’ bereavement leave are provided relating to an employee’s parents/legal guardian or an employee’s sister or brother. ** • One day in the event of an employee’s grandparent bereavement. **This policy does not allow provision for great grandparents, step-siblings, step-grandparents/ step parents Parents who lose a child under the age of 18, or suffer a stillbirth from 24 weeks of pregnancy are entitled to 2 weeks leave which may be taken either in a single block or in two blocks of leave. This provision includes absence to attend a funeral. Please speak to your line manager or contact the Human Resources department regarding bereavement leave requirements. Pay Policy Statement of policy The Company supports the principles of equal opportunities in employment and believes that male and female employees, regardless of their ethnicity, age or disability should receive equal pay for the same or broadly similar work, for work rated as equivalent and for work of equal value. We believe it is in the Company’s interest and good business practice that pay is awarded fairly and equitably. We aim to avoid unfair discrimination, to reward fairly the skills; experience and potential of all employees and thereby increase efficiency, productivity and competitiveness. The Company aims to provide competitive pay rates taking into account external and internal comparisons. 43
Employee Handbook Section 2 Expenses and Travel Policy The purpose of this policy is intended to provide guidelines on: • The mechanism for claiming personal expenses incurred in the UK and overseas by UK employees. • The level and nature of personal expense claims. This is applicable to all employees within the Company. These guidelines are to ensure cost control within the business and ensure that expenses paid meet HMRC guidelines, ensuring that VAT can be claimed back and that employees do not become liable for additional personal taxation. The Company cannot set rigid rules covering every possible circumstance; however, the Company expects employees to be sensible, moderate and use good sense when incurring expenditure on Company business. The guiding principle is that the employee should be reimbursed for the additional costs incurred by travel. For this reason, policy and guidelines have been kept to a minimum if you are in any doubt please speak with a member of the Human Resources department. All claims must be incurred ‘wholly, exclusively and necessarily’ in the performance of business duties. Breaches of this policy may result in disciplinary action up to and including dismissal without notice or monies in lieu of notice. Please refer to the Company Expenses Policy for further guidance. Flexible Working Policy The Company aims to create a working environment that realises the full potential of employees by encouraging their creativity and productivity. The Company aims to achieve this by acknowledging the need to consider flexibility in working hours for individuals depending on their circumstances. The Company has developed a policy and procedure to enable all employees to exercise their right to apply to work flexibly. Anyone can request flexible working arrangements as long as they: • Are an employee, but not an agency worker. • Have worked for the Company for 26 weeks continuously before applying. • Have not made another application to work flexibly under the right during the past 12 months. By law the Company must seriously consider any application you make, and only reject it if there are good business reasons for doing so. You have the right to request flexible working - not the right to have it. Please refer to the Company Flexible Working Policy. 44
Young Workers Regulations Increased protection in working hours and rest periods are given to young workers between the minimum school leaving age and 18 years of age. Please refer to the Young Workers Policy. Statutory Paternity Leave Policy Parents of new-born children and those who adopt children have the qualified right to take up to two weeks’ paid statutory paternity leave within 56 days (eight weeks) of the birth or adoption. Paternity leave is a period of time off work, which is available to new fathers or the partner or spouse of the mother who wish to take time off work to care for the child or support the mother. Paternity leave is dependent upon service and can be up to two weeks, and can only be taken in one block. It is up to the employee whether they wish to take one or two weeks’ leave. If they choose to take two weeks, they must be taken together. Employees wishing to take paternity leave must notify the Company at least 15 weeks prior to the expected week of childbirth or as soon as is reasonably practicable. Paternity leave cannot start before the actual date of birth, and can only be taken during the 56 days after the actual birth, or if the child is born early, up to 56 days after the expected date of childbirth. Eligible parents will receive Statutory Paternity Pay at a fixed weekly rate set each year by the Government, or 90% Average Weekly Earnings (AWE), whichever is the lower. If you do not qualify for SPP, you may be able to claim income support from the Department for Work and Pensions. SPP is subject to tax and NI contributions in the usual way. Employees are entitled to unpaid time off during working hours to accompany their partner/child’s mother to up to two antenatal appointments. This includes the intended parents if they’re having a baby through a surrogacy arrangement. Company Paternity Leave Policy If you have worked for the Company for over a year, you are eligible for the Company paternity scheme which means: • The first week’s statutory paternity leave will be paid at 90% of basic pay as opposed to SPP. • Again this must be taken within one month of the birth. You would then be eligible to take a second consecutive week at SPP only. The same rules as listed above will apply. This paternity leave is not counted as part of an employee’s annual or statutory holiday. Requests for Company paternity leave should be made in writing to the Human Resources department who will liaise with the employee’s manager. 45
Employee Handbook Section 2 Maternity and Antenatal Care Every pregnant employee, whether part-time, full-time, permanent or temporary and regardless of her length of service, is entitled to take up to 26 weeks’ Ordinary Maternity Leave (OML), followed immediately by up to 26 weeks’ Additional Maternity Leave (AML). To qualify for SMP you must have been: • Employed by the same employer continuously for at least 26 weeks into the 15th week before the week your baby is due (the qualifying week). • Earning on average an amount which at least equals the lower earnings limit (LEL) which applies on the Saturday at the end of your qualifying week. Pregnant employees should arrange to see a member of the Human Resources department as soon as possible to advise of their intention to take maternity leave. To exercise her right to OML, a pregnant employee must inform the Human Resources department by the 15th week before the expected week of childbirth (EWC): a) That she is pregnant. b) The date of her expected week of childbirth. c) Confirm the date when she intends to start her OML. As your employer we have the right to require you to state your intentions for ‘c’ above in writing and to produce a certificate of expected childbirth (form Mat B1) signed by your doctor or registered midwife. The form Mat B1 is usually available at six months of pregnancy. For full details of the Maternity Rights Policy and statutory maternity pay, please ask a member of the Human Resources department or refer to the Company’s Maternity Policy. Time off for antenatal care All pregnant employees are entitled to time off with basic pay for attending antenatal care appointments which have been made on the advice of a registered medical practitioner, midwife or health visitor. Antenatal care can include relaxation classes and parent-craft classes. Except in the case of the first appointment, employees must provide a certificate from a registered medical practitioner, midwife or health visitor, confirming the pregnancy and an appointment card or some other document showing that an appointment has been made. Health & Safety issues Employers are specifically required to take account of health and safety risks to new and expectant mothers when assessing risks in work activity. If the risk cannot be avoided, the employer must take steps to ensure that the woman is not exposed to the risk or offer her suitable alternative work if it is available (with no less favourable terms). If no suitable alternative work is available, an employer must suspend the employee on maternity grounds and on full pay for as long as necessary to protect her health and safety and that of her baby. For more information, please see the Maternity Policy. 46
Adoption To qualify for adoption leave you must: • Be newly* matched with a child for adoption by an approved adoption agency. * Adoption leave and pay is not available when a step-parent is adopting a partner’s children or foster care responsibilities. You need to let us know no later than seven days of being notified (28 days if adopting from overseas), by the adoption agency, that you have been matched with a child/children: a) That you intend to adopt. b) When the child is expected to be placed with you - the expected date of placement (EDP). c) When you want your adoption leave to start. d) Provide a ‘matching certificate’ (available from the adoption agency) as evidence of your entitlement to Statutory Adoption Pay (SAP). Adoption leave You can take a total of 52 weeks (26 weeks each of ordinary adoption leave (OAL) & Additional Adoption Leave (AAL)), unless the adoption is disrupted by the child being returned to the adoption agency. Only one period of adoption leave is available irrespective of the number of children adopted as part of the same arrangement. Time off for adoption appointments Paid time off will be available for the main adopter: • For up to five adoption appointments. Unpaid time off will be available for the secondary adopter: • For up to two adoption appointments. You will be required to complete an absence request form for any appointments. For more information, please see the Adoption Policy. Shared Parental Leave Policy Shared parental leave enables eligible parents to choose how to share the care of their child during the first year of birth or adoption. The purpose is to give parents more flexibility in considering how to best care for their child. All eligible employees have a statutory right to take Shared Parental Leave (SPL). There may also be an entitlement to some Shared Parental Pay. Shared Parental Leave will apply to parents of children due to be born or adopted on or after 5 April 2015. 47
Employee Handbook Section 2 SPL can only be used by two people: a) The mother/adopter and b) One of the following: • The father of the child (in the case of birth) or • The spouse, civil partner or partner of the child’s mother/adopter. Both parents must share the main responsibility for the care of the child at the time of the birth/placement for adoption. Additionally, an employee seeking to take SPL must satisfy each of the following criteria: a) The mother/adopter of the child must be/have been entitled to statutory maternity/adoption leave or if not entitled to statutory maternity/adoption leave they must be/have been entitled to statutory maternity/adoption pay or maternity allowance and must have ended or given notice to reduce any maternity/adoption entitlements. b) The employee must still be working for the Company at the start of each period of SPL. c) The employee must pass the ‘continuity test’ requiring them to have a minimum of 26 weeks’ service at the end of the 15th week before the child’s expected due date/matching date. d) The employee’s partner must meet the ‘employment and earnings test’ requiring them in the 66 weeks leading up to the child’s expected due date/matching date to have worked for at least 26 weeks and earned an average of at least £30 (this is correct as of 2015 but may change annually) a week in any 13 of those weeks. e) The employee must correctly notify the Company of their entitlement and provide evidence as required. For more information, please refer to the Shared Parental Leave Policy. Time off to Care for a Dependant Employees will be given a reasonable amount of UNPAID leave to deal with incidents involving a ‘dependant’. A ‘dependant’ is defined as a parent, wife, husband or partner, child or someone who lives as part of the family, for example somebody for whom the employee is the main carer. Employees will have the right to time off (unpaid): a) To help when a dependant falls ill or is injured. b) To cope when the arrangements for caring for a dependant unexpectedly breaks down. c) When a dependant gives birth. d) When a dependant dies, or e) To deal with an unexpected incident involving a dependent child during school hours, or on a school trip. There is not a set limit to the amount of time off which can be taken. In most cases the amount of leave will be one or two days at the most, but this will depend on individual circumstances. An absence request form must be completed on return to work. Employees must follow the Company absence notification procedure. For more information, please see the Time Off for Dependants and Absence Policy. 48
Parental Leave You can take time off work to look after a child or make arrangements for a child’s welfare. You can also use it to spend more time with your children and strike a better balance between work and family commitments. Parental leave must be taken in blocks of one week. No payment will be made for any parental leave taken. You have a right to take parental leave if: • You have parental responsibility for a child under the age of 18 years old. • You have adopted a child and the child has yet to reach their 18th birthday. • You have one year’s continuous service with the Company. You can take up to 18 weeks in total for each child. Any leave taken with past employers will count towards the 18-week limit for each child. The following guidelines apply: a) Leave may be taken in blocks of one week up to a maximum of four weeks in any year. b) Parents of disabled children will be allowed to take parental leave a day at a time or in multiples of one day, again up to a maximum of four weeks per year. c) You must give us at least 21 days’ notice of the leave you want to take. d) Where the Company employs both parents, each will be entitled to leave, but may not take parental leave at the same time. You should speak to your line manager or the Human Resources department if you want to take parental leave. The Company will need to see the child’s original birth certificate or adoption papers. The Company may postpone leave if the needs of the business make it necessary, by giving you two weeks’ notice of postponement. Leave may be postponed to an agreed date, but will not be postponed for more than six months. Postponement will be confirmed in writing no later than seven days after the employee’s notice to take leave has been received. This will state the reason for the postponement and set out suggested new dates of parental leave. Leave cannot be postponed if you have given notice to take it immediately after the child is born or placed with the family for adoption. At the end of parental leave you have the right to return to the same job as before, if the leave is for a period of four weeks or less. If the leave is for a longer period, you are entitled to return to the same job, or, if that is not reasonably practicable, to a similar job which has the same or better status, terms and conditions as the old job. For more information, please see the Parental Leave Policy. 49
Employee Handbook Section 2 IT Policy All employees are reminded of the importance of our security procedures in maintaining the smooth operation of the Company’s IT systems*. We have established this policy to ensure that our systems and the information on them continue to be available and secure. The policy aims to cover the many problems that could be encountered, ranging from poor data quality through to information loss due to unauthorised access. All employees have a responsibility for security and ensuring that the Information & Technology Policy and associated procedures are adhered to at all times. You should become familiar with this policy and the specific security measures applicable to your work area. If in any doubt, the employee should seek help and advice from the IT department. *All computer systems including (but not exclusively) PCs, laptops, servers, workshop diagnostic equipment etc., smartphones, network services, including (but not exclusively) internet access, e-mail, network file storage, telephony and fax services. Abuse of any of the Company’s IT systems will be considered gross misconduct. It is the Company’s policy to take all reasonable steps to protect its interests. This includes ensuring that systems and equipment are used for the proper purposes. There will be regular checks. Therefore, you should not have any expectation of privacy in respect of Company systems and equipment. For the avoidance of doubt, this includes (but is not limited to): telephone systems, computer systems, use of e-mail and internet, and the postal system. The Company reserves the right, without notice, to access, listen to or read any communication made or received by you on its computers or telephone system for the following purposes: to establish the existence of facts, to ascertain compliance with regulatory or self-regulatory practices and procedures, for quality control and staff training purposes, to prevent or detect crime (including ‘hacking’), to intercept for operational purposes, such as protecting against viruses and making routine interceptions such as forwarding e-mails to correct destinations, to check voicemail systems when you are on holiday or on sick leave. Computer misuse The Computer Misuse Act 1990 makes it a criminal offence for an unauthorised person to access or misuse a computer. Any employee of the Company committing an offence as documented within this Act will be subject to the Company’s Disciplinary Procedure. Unauthorised use The Company recognises the value of the information contained within its IT systems and will not tolerate unauthorised use. The policy applies both to employees of the Company who may use resources to which they are not entitled and to people external to the Company who may wish to gain access to our systems. It is a criminal offence for an unauthorised person to attempt to access a system or information within systems or to attempt to exceed the computer facilities and privileges granted to them. 50
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