NI Cleaning Employee Handbook Version 1

["\u2022 Considering possible redeployment opportunities and whether any adjustments can reasonably be made to assist in redeploying you; \u2022 Where you are able to return from long-term sick leave, whether to your job or a redeployed job, agreeing a return to work programme; \u2022 Agreeing a way forward, actions that will be taken and a time- scale for review and\/or a further meeting(s). This may, depending on steps we have already taken, include warning you that you are at risk of disciplinary action, up to and including dismissal. Stage 3: Final Absence Review Meeting Where you have been warned you are at risk of dismissal or action short thereof, the Company may invite you to a meeting under the third stage of the absence review procedure. The purposes of the meeting will be: \u2022 Review the meetings that have taken place and matters discussed with you; \u2022 Where you remain on long-term sickness absence, to consider whether there have been any changes since the last meeting under stage two of the procedure, either with regards to your possible return to work, opportunities for return or redeployment; \u2022 Consider any further matters that you wish to raise; \u2022 Consider whether there is a reasonable likelihood of you returning to work or achieving the desired level of attendance in a reasonable time; \u2022 Consider the possible termination of your employment. 51","No decision will be made that could affect your employment without careful consideration of all the circumstances. Where the Company wishes to send you to the company doctor, and you refuse to attend without reasonable grounds, the Company will take a decision regarding your continuing employment without the benefit of medical opinion. Termination will normally be with full notice or payment in lieu of notice. Use of Company Property during any absence Should you be in receipt of a fuel card or mobile phone, these are provided for legitimate business purposes only; where possible and depending on the length of the absence these can be retained and will be reviewed during the absence. If a company vehicle or mobile phone is allocated to a site, it may be necessary to return these for business continuity purposes. Appeals You may appeal against the outcome of any stage of this procedure and you may bring a representative, be that a work colleague or union representative, to an appeal meeting. An appeal should be made in writing, to the person named in the letter, stating the full grounds of appeal, within 5 working days of the date on which the decision was sent to you. Unless it is not practicable, you will be given written notice of an appeal meeting within one week of the meeting. In cases of dismissal the appeal will be held as soon as possible. Any new matters raised in an appeal may delay an appeal meeting if further investigation is required. 52","You will be provided with written details of any new information which comes to light before an appeal meeting. You will also be given a reasonable opportunity to consider this information before the meeting. Where practicable, an appeal meeting will be conducted by a Manager or senior person to the individual who conducted the absence review meeting. Depending on the grounds of appeal, an appeal meeting may be a complete rehearing of the matter or a review of the original decision. Following an appeal, the original decision may be confirmed, revoked or replaced with a different decision. The final decision will be confirmed in writing within 5 working days of the appeal meeting. Depending on the complexity of the case an extension may be required to ensure a thorough review of the appeal is conducted. Where an extension is required this will be notified to the appellant. Once the appeal process concludes there will be no further right of appeal. The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of service continuity or pay. Access to Medical Reports In certain circumstances it may be necessary for the Company to obtain a medical report from your doctor\/specialist in order to establish: \u2022 The reasons for and likely duration of your absence; \u2022 When you will be able to return to work, and whether the problem will recur; 53","\u2022 What, if any, treatment is being prescribed; and \u2022 Whether you can carry out all the duties of the job. This will enable the Company to plan workloads. It is in the interests of both yourself and the Company to establish, with the benefit of expert medical opinion, your ability to work. You have certain rights under the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 or the Access to Medical Reports Act 1988. Your doctor\/specialist cannot submit the report to the Company without your consent. You may withhold consent to the report being sought or can request to see the report prior to it being forwarded to the Company. If you indicate that you wish to see the report in advance, the Company will inform you when the doctor\/specialist has been written to and the doctor\/specialist also will be notified that you wish to see the report. You then have 21 days to contact the doctor\/specialist regarding arrangements to see the report. Should you indicate that you do not wish to see the report before the Company, you still have the right to write to the doctor\/specialist if the report has not been provided to the Company and have 21 days to contact the doctor\/specialist regarding arrangements to see the report. You have the right to ask the doctor\/specialist for a copy of the report for up to 6 months after it has been supplied (there may be a charge for this). Statutory Leave You are expected to ensure that appointments to visit the doctor, dentist, hospital, etc. are made in your own time and outside normal working hours. 54","Compassionate Leave Policy The provisions regarding compassionate leave with pay which may be granted to an employee in the event of the death of a relative are up to a limit of: \u2022 Spouse\/ Partner\/ Child\/ Parent\/ Brother\/ Sister \u2013 3 Days \u2022 Mother-In-Law\/ Father-In-Law\/ Brother-In-Law\/ Sister-In-Law\/ Grandparents\/ Grandchild\/ Uncle\/ Aunt \u2013 1 Day Compassionate leave must be requested from your Direct Line Manager \/ Supervisor. ABM also review any requests for annual leave and offer same in an effort, to assist employees to grieve. The resources of our EAP (Employee Assistance Programme) are also available to provide support to all employees during difficult times. Compassionate leave is granted only at the time of the bereavement to facilitate the employee with time off from work and cannot be granted retrospectively where it occurs during days when an employee is not normally scheduled to work. Statutory Time Off Parental Leave To be eligible for parental leave, you must: \u2022 Have at least one year's continuous employment with the Company; \u2022 Have or expect to have responsibility for a child; and \u2022 Be taking the leave to spend time with or otherwise care for the child. 55","You have responsibility for a child if you are the biological or adoptive parent or have legal parental responsibility in some other way, for example under a court order. Eligible employees are entitled to take up to 18 weeks' parental leave in relation to each child. You must tell us of any parental leave you have taken while working for another employer, as this counts towards your 18-week entitlement. In most cases, parental leave can only be taken in blocks of a week or a whole number of weeks, and you may not take more than four weeks' parental leave a year in relation to each child. Parental leave can be taken up to the child's 18th birthday. Special rules apply where your child is disabled, which for these purposes means entitled to a disability living allowance, armed forces independence allowance or personal independence payment. You can take parental leave in respect of that child in blocks of less than one week. However, there is still a limit of 4 weeks a year for each child and 18 weeks in total for each child. You must notify your line manager of your intention to take parental leave at least 21 days in advance. It would be helpful if you can give this notice in writing. Your notification should include the start and end dates of the requested period of leave. If you wish to start parental leave immediately on the birth of a child, you must give notice at least 21 days before the expected week of childbirth. If you wish to start parental leave immediately on having a child placed with you for adoption, you should give notice at least 21 days before the expected week of placement, or if this is not possible, give as much notice as you can. 56","The Company may ask to see evidence of: \u2022 Your responsibility or expected responsibility for the child such as birth certificate, adoption or matching certificate, parental responsibility agreement or court order. \u2022 The child's date of birth or date of adoption placement. Although we will try to accommodate your request for parental leave, we may postpone your requested leave where it would unduly disrupt our business (for example, if it would leave us short-staffed or unable to complete work on time). We will discuss alternative dates with you and notify you in writing of the reason for postponement and the new start and end dates, within seven days of receiving your request for parental leave. We cannot postpone parental leave if you have requested it to start immediately on the birth or adoption of a child. We cannot postpone parental leave for more than six months, or beyond the child's 18th birthday (if sooner). Parental leave is unpaid. Your employment contract will remain in force, and holiday entitlement will continue to accrue. You will remain bound by your duties of good faith and confidentiality, and any contractual restrictions on accepting gifts and benefits, or working for another business. Force Majeure You are entitled to reasonable time off without pay, when it is necessary to: \u2022 Provide assistance when a dependant falls ill, gives birth, is injured or assaulted; 57","\u2022 Make longer-term care arrangements for a dependant who is ill or injured; \u2022 Take action required in consequence of the death of a dependant; \u2022 Deal with the unexpected disruption, termination or breakdown of arrangements for the care of a dependant (such as a child-minder falling ill); and\/or \u2022 Deal with an unexpected incident involving your child while a school or another educational establishment is responsible for them. A dependant for the purposes of this policy is: \u2022 Your spouse, civil partner, parent or child; \u2022 A person who lives in the same household as you, but who is not your tenant, lodger, boarder or employee; or \u2022 Anyone else who reasonably relies on you to provide assistance, make arrangements or take action of the kind referred to above. The entitlement to time off in such circumstances is limited to what is reasonable for you to deal with the immediate problem and sort out any longer-term arrangements. It does not apply where you need to take planned time off or provide longer-term care for a dependant. Should you require any further information please contact your Manager. Jury Duty Employees who are called for Jury Duty will be granted leave of absence as required. A copy of your summons must be sent to your Manager prior to the date of Jury Service, requesting this time off. You will be paid as normal for your verified Jury Duty. Once you are not required for jury duty on any day or on completion of jury duty, contact 58","your manager immediately so we can arrange for you to get back on your roster and return to work. Public Duties You are entitled to reasonable time off during working hours to perform the duties associated with certain positions, such as Justices of the Peace, members of a local authority, statutory tribunal or police authority. You are not, however, entitled to payment for this time. As soon as you are aware that you will require time off for performance of a public duty you should notify your line manager in writing, providing full details of the time off that is being requested and the reasons for your request. In order that arrangements can be made to cover your duties in your absence you should make your request in good time. Each request for time off will be considered on its merits taking account of all the circumstances, including how much time is reasonably required for the activity, how much time you have already taken, and how your absence will affect the business. Paternity Policy Entitlement to Paternity Leave Paternity leave is available on the birth of a child if you have been continuously employed by us for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth and either: \u2022 You are the biological father and will have some responsibility for the child's upbringing; or you are the 59","husband, civil partner or cohabiting partner of the biological mother and will have the main responsibility (with the mother) for the child's upbringing. \u2022 Paternity leave is available where a child is placed with you for adoption by an adoption agency, if you have been continuously employed by us for at least 26 weeks ending with the week in which the agency notifies you that you have been matched with a child. In such cases you may be entitled to take adoption leave instead: please speak to your manager about such entitlement. Paternity leave Paternity leave is a period of one- or two-weeks\u2019 consecutive leave taken when a child is born or placed with you for adoption. You can start your leave on the date of birth or placement, or later, provided it is taken within eight weeks (56 days) of the birth or placement. If the baby is premature the period ends eight weeks after the start of the Expected Week of Childbirth. To take paternity leave you must give us written notice by the end of the 15th week before the Expected Week of Childbirth (or no more than seven days after the adoption agency notified of being matched with a child), or as soon as you reasonably can, stating: \u2022 The Expected Week of Childbirth; \u2022 Whether you intend to take one week or two weeks' leave; and \u2022 When you would like your leave to start. You can change the intended start date by giving us 28 days' notice or, if this is not possible, as much notice as you can. 60","Paternity Pay Statutory paternity pay (SPP) is payable during paternity leave provided you have at least 26 weeks' continuous employment ending with the Qualifying Week (the 15th week before the Expected Week of Childbirth or the week in which the adoption agency notified you of a match) and your average earnings are not less than the lower earnings limit set by the government each tax year. The rate of SPP is set by the government each tax year. For further information please contact Human Resources. Pregnancy and Maternity Rights The Company will comply with its statutory obligations in relation to employees who are pregnant, have given birth or have taken or wish to take maternity leave. Please inform us as soon as possible that you are pregnant. This is important as there may be health and safety considerations. Before the end of the fifteenth week before the week that you expect to give birth (Qualifying Week), or as soon as reasonably practical afterwards, you must tell us: a) The week in which your doctor or midwife expects you to give birth (Expected Week of Childbirth); and b) The date on which you would like to start your maternity leave (Intended Start Date). We will write to you within 28 days to tell you the date we will expect you to return to work if you take your full maternity leave entitlement (Expected Return Date). c) Once you receive a certificate from a doctor or midwife confirming your Expected Week of Childbirth (MATB1), you must provide us with a copy. 61","You are entitled to up to 52 weeks' maternity leave, consisting of 26 weeks' ordinary maternity leave (OML) and 26 weeks' additional maternity leave (AML). We may make reasonable contact with you from time to time during your maternity leave although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work. Unless you request otherwise, you will remain on circulation lists for internal news, job vacancies, training and work-related social events. The earliest you can start maternity leave is 11 weeks before the Expected Week of Childbirth (unless your child is born prematurely before that date). If you want to change your Intended Start Date please tell us in writing. You should give us as much notice as you can, but wherever possible you must tell us at least 28 days before the original Intended Start Date (or the new start date if you are bringing the date forward). We will then write to you within 28 days to tell you your new expected return date. Your maternity leave should normally start on the Intended Start Date. However, it may start earlier if you give birth before your Intended Start Date, or if you are absent for a pregnancy-related reason in the last four weeks before your Expected Week of Childbirth. In either of those cases, maternity leave will start on the following day. Shortly before your maternity leave is due to start we will discuss with you the arrangements for covering your work and the opportunities for you to remain in contact, should you wish to do so, during your leave. You may work (including attending training) on up to ten \\\"keeping-in- touch\\\" days during your maternity leave. This is not compulsory and must be discussed and agreed with your line manager. 62","The law says that we cannot allow you to work during the two weeks following childbirth. Ante-natal care You are entitled to reasonable time off work with pay to attend for ante-natal care at appointments made on the advice of a registered medical practitioner, registered midwife or registered health worker. If requested, you must provide proof of pregnancy and an appointment card. Statutory Maternity Pay (SMP) If you stop work and meet all of the following conditions you are entitled to receive SMP. You must therefore: \u2022 Have been continuously employed for at least 26 weeks ending with the 15th week before the Expected Week of Childbirth (EWC) \u2022 Have average weekly earnings of not less than the figure set by the Government for the payment of National Insurance contributions \u2022 Give at least 28 days' notice in writing that you intend to stop work \u2022 Provide medical evidence of the EWC. For the first six weeks SMP is payable at the earnings-related rate (equivalent to 90% of earnings) and for the remaining 33 weeks at the statutory rate as set by the Government, (or 90% of average weekly earnings if this is less than the standard rate). You can still get Statutory Maternity Leave and SMP if your baby: \u2022 Is born early; 63","\u2022 Is stillborn after the start of your 24th week of pregnancy; or \u2022 Dies after being born. Should you require any further information please contact your Manager. Shared Parental Leave (Birth) Policy This policy outlines the arrangements for shared parental leave and pay in relation to the birth of a child. If you are adopting a child, please request further information from Human Resources about our Shared Parental Leave (Adoption) Policy instead. Frequently Used Terms The definitions in this paragraph apply in this policy. \u2022 Expected week of childbirth (EWC): the week, beginning on a Sunday, in which the doctor or midwife expects your child to be born. \u2022 Parent: One of two people who will share the main responsibility for the child's upbringing (and who may be either the mother, the father, or the mother's partner if not the father). \u2022 Partner: your spouse, civil partner or someone living with you in an enduring family relationship, but not your sibling, child, parent, grandparent, grandchild, aunt, uncle, niece or nephew. \u2022 Qualifying Week: the fifteenth week before the EWC. What Is Shared Parental Leave (SPL)? SPL gives you and your partner more flexibility in how to share the care of your child in the first year after birth than simply taking maternity and paternity leave. Assuming you are both eligible, you will be able to choose how to split the available leave between you and 64","can decide to be off work at the same time or at different times. You may be able to take leave in more than one block. Entitlement To SPL You are entitled to SPL in relation to the birth of a child if: a) You are the child's mother, and share the main responsibility for the care of the child with the child's father or with your partner; b) You are the child's father and share the main responsibility for the care of the child with the child's mother; or c) You are the mother's partner and share the main responsibility for the care of the child with the mother (where the child's father does not share the main responsibility with the mother). The following conditions must also be fulfilled: a) You must have at least 26 weeks continuous employment with ABM by the end of the Qualifying Week, and still be employed by us in the week before the leave is to be taken; b) The other parent must have worked (in an employed or self- employed capacity) in at least 26 of the 66 weeks before the EWC and had average weekly earnings of at least \u00a330 during 13 of those weeks; and c) You and the other parent must give the necessary statutory notices and declarations as summarized below, including notice to end any maternity leave, statutory maternity pay (SMP) or maternity allowance (MA) periods. The total amount of SPL available is 52 weeks, less the weeks spent by the child\u2019s mother on maternity leave (or the weeks in which the mother has been in receipt of SMP or MA if she is not entitled to maternity leave). 65","If you are the mother you cannot start SPL until after the compulsory maternity leave period, which lasts until two weeks after birth. If you are the child\u2019s father or the mother\u2019s partner, you should consider using your two weeks\u2019 paternity leave before taking SPL. Once you start SPL you will lose any untaken paternity leave entitlement. SPL entitlement is additional to your paternity leave entitlement. Opting In To Shared Parental Leave And Pay Not less than eight weeks before the date you intend your SPL to start, you must give the Company a written opt-in notice giving: \u2022 Your name and the name of the other parent; \u2022 If you are the child's mother, the start and end dates of your maternity leave; \u2022 If you are the child's father or the mother's partner, the start and end dates of the mother's maternity leave, or if she is not entitled to maternity leave, the start and end dates of any SMP or MA period; \u2022 The total SPL available, which is 52 weeks minus the number of weeks' maternity leave, SMP or MA period taken or to be taken; \u2022 How many weeks of the available SPL will be allocated to you and how many to the other parent (you can change the allocation by giving us a further written notice, and you do not have to use your full allocation); \u2022 If you are claiming statutory shared parental pay (ShPP), the total ShPP available, which is 39 weeks minus the number of weeks of the SMP or MA period taken or to be taken); \u2022 How many weeks of available ShPP will be allocated to you and how much to the other parent. (You can change the allocation by giving us a further written notice, and you do not have to use your full allocation); 66","\u2022 An indication of the pattern of leave you are thinking of taking, including suggested start and end dates for each period of leave (see paragraph 9 and paragraph 10 for information on taking leave). This indication will not be binding at this stage, but please give as much information as you can about your future intentions; and \u2022 Declarations by you and the other parent that you both meet the statutory conditions to enable you to take SPL and ShPP. Ending Maternity Leave If you are the child's mother and want to opt into the SPL scheme, you must give us at least eight weeks' written notice to end your maternity leave (a curtailment notice) before you can take SPL. The notice must state the date your maternity leave will end. You can give the notice before or after you give birth, but you cannot end your maternity leave until at least two weeks after birth. You must also give us, at the same time as the curtailment notice, a notice to opt into the SPL scheme (see paragraph 5) or a written declaration that the other parent has given their employer an opt-in notice and that you have given the necessary declarations in that notice. The other parent may be eligible to take SPL from their employer before your maternity leave ends, provided you have given the curtailment notice. The curtailment notice is binding and cannot usually be revoked. You can only revoke a curtailment notice if maternity leave has not yet ended and one of the following applies: \u2022 If you realise that neither you nor the other parent are in fact eligible for SPL or ShPP, in which case you can revoke the 67","curtailment notice in writing up to eight weeks after it was given; \u2022 If you gave the curtailment notice before giving birth, you can revoke it in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later; or \u2022 If the other parent has died. Once you have revoked a curtailment notice you will be unable to opt back into the SPL scheme, unless you gave the curtailment notice before giving birth and revoked it in writing up to eight weeks after it was given, or up to six weeks after birth, whichever is later. Ending your Partner's Maternity Leave or Pay If you are not the mother, but the mother is still on maternity leave or claiming SMP or MA, you will only be able to take SPL once she has either: \u2022 Returned to work; \u2022 Given her employer a curtailment notice to end her maternity leave; \u2022 Given her employer a curtailment notice to end her SMP (if she is entitled to SMP but not maternity leave); or \u2022 Given the benefits office a curtailment notice to end her MA (if she is not entitled to maternity leave or SMP). Evidence of Entitlement You must also provide on request: \u2022 A copy of the birth certificate (or if you have not yet obtained a birth certificate, a signed declaration of the child's date and place of birth); and \u2022 The name and address of the other parent's employer (or a declaration that they have no employer). 68","Booking Your SPL Dates Having opted into the SPL system, you must book your leave by giving us a period of leave notice. This may be given at the same time as the opt-in notice or later, provided it is at least eight weeks before the start of SPL. The period of leave notice can either give the dates you want to take leave or, if the child has not been born yet, it can state the number of days after birth that you want the leave to start and end. This may be particularly useful if you intend to take paternity leave starting on the date of birth and wish to take SPL straight afterwards. Leave must be taken in blocks of at least one week. If your period of leave notice gives a single continuous block of SPL you will be entitled to take the leave set out in the notice. If your period of leave notice requests split periods of SPL, with periods of work in between, we will consider your request as set out below. You can give up to three period of leave notices. This may enable you to take up to three separate blocks of SPL (although if you give a notice to vary or cancel a period of leave this will in most cases count as a further period of leave notice). Procedure for Requesting Split Periods of SPL In general, a period of leave notice should set out a single continuous block of leave. We may be willing to consider a period of leave notice where the SPL is split into shorter periods with periods of work in between. It is best to discuss this with your manager and HR in good time before formally submitting your period of leave notice. This will give us more time to consider the request and hopefully agree a pattern of leave with you from the start. 69","If you want to request split periods of SPL, you must set out the requested pattern of leave in your period of leave notice. We will either agree to the request or start a two-week discussion period. At the end of that period, we will confirm any agreed arrangements in writing. If we have not reached agreement, you will be entitled to take the full amount of requested SPL as one continuous block, starting on the start date given in your notice (for example, if you requested three separate periods of four weeks each, they will be combined into one 12-week period of leave). Alternatively, you may: \u2022 Choose a new start date (which must be at least eight weeks after your original period of leave notice was given), and tell us within five days of the end of the two-week discussion period; or \u2022 Withdraw your period of leave notice within two days of the end of the two-week discussion period (in which case the notice will not be counted and you may submit a new one if you choose). Changing the Dates or Cancelling your SPL \u2022 You can cancel a period of leave by notifying us in writing at least eight weeks before the start date in the period of leave notice. \u2022 You can change the start date for a period of leave by notifying us in writing at least eight weeks before the original start date and the new start date. \u2022 You can change the end date for a period of leave by notifying us in writing at least eight weeks before the original end date and the new end date. \u2022 You can combine split periods of leave into a single continuous period of leave by notifying us in writing at least eight weeks before the start date of the first period. 70","\u2022 You can request that a continuous period of leave be split into two or more discontinuous periods with periods of work in between. \u2022 A notice to change or cancel a period of leave will count as one of your three period of leave notices, unless: \u2022 The variation is a result of your child being born earlier or later than the EWC; \u2022 The variation is at our request; or \u2022 We agree otherwise. Premature Birth Where the child is born early (before the beginning of the EWC), you may be able to start SPL in the eight weeks following birth even though you cannot give eight weeks\u2019 notice. The following rules apply: \u2022 If you have given a period of leave notice to start SPL on a set date in the eight weeks following the EWC, but your child is born early, you can move the SPL start date forward by the same number of days, provided you notify us in writing of the change as soon as you can. (If your period of leave notice already contained a start date which was a set number of days after birth, rather than a set date, then no notice of change is necessary). \u2022 If your child is born more than eight weeks early and you want to take SPL in the eight weeks following birth, please submit your opt-in notice and your period of leave notice as soon as you can. Shared Parental Pay You may be able to claim Statutory Shared Parental Pay (ShPP) of up to 39 weeks (less any weeks of SMP or MA claimed by you or your partner) if you have at least 26 weeks' continuous employment with us at the end of the Qualifying Week and your average earnings are not less than the lower earnings limit set by the government each tax 71","year. ShPP is paid by employers at a rate set by the government each year. You should tell us in your period of leave notice(s) whether you intend to claim ShPP during your leave (and if applicable, for what period). If it is not in your period of leave notice you can tell us in writing, at least eight weeks before you want ShPP to start. Other Terms During Shared Parental Leave Your terms and conditions of employment remain in force during SPL, except for the terms relating to pay. Annual leave entitlement will continue to accrue at the rate provided under your contract. If your SPL will continue into the next holiday year, any holiday entitlement that cannot reasonably be taken before starting your leave can be carried over. You should try to limit carry over to one week's holiday or less. Carry over of more than one week is at your manager's discretion. Please discuss your holiday plans with your manager in good time before starting SPL. All holiday dates are subject to approval by your manager. If you are a member of the pension scheme, we will make employer pension contributions during any period of paid SPL, based on your normal salary, in accordance with the pension scheme rules. Any employee contributions you make will be based on the amount of any shared parental pay you are receiving, unless you inform [name] that you wish to make up any shortfall. Keeping in Touch We may make reasonable contact with you from time to time during your SPL although we will keep this to a minimum. This may include contacting you to discuss arrangements for your return to work. 72","You may ask or be asked to work (including attending training) on up to 20 \\\"keeping- in-touch\\\" days (KIT days) during your SPL. This is in addition to any KIT days that you may have taken during maternity leave. KIT days are not compulsory and must be discussed and agreed with your line manager. You will be paid at your normal basic rate of pay for time spent working on a KIT Day and this will be inclusive of any shared parental pay entitlement. Returning to Work If you want to end a period of SPL early, you must give us eight weeks' written notice of the new return date. If have already given us three period of leave notices you will not be able to end your SPL early without our agreement. If you want to extend your SPL, assuming you still have unused SPL entitlement remaining, you must give us a written period of leave notice at least eight weeks before the date you were due to return to work. If you have already given us three period of leave notices you will not be able to extend your SPL without our agreement. You may instead be able to request annual leave or ordinary parental leave (see our Parental Leave Policy), subject to the needs of the business. You are normally entitled to return to work in the position you held before starting SPL, and on the same terms of employment. However, if it is not reasonably practicable for us to allow you to return into the same position, we may give you another suitable and appropriate job on terms and conditions that are not less favourable, but only in the following circumstances: \u2022 If your SPL and any maternity or paternity leave you have taken adds up to more than 26 weeks in total (whether or not taken consecutively); or 73","\u2022 If you took SPL consecutively with more than four weeks of ordinary parental leave. If you want to change your hours or other working arrangements on return from SPL you should make a request under our Flexible Working Policy. It is helpful if such requests are made as early as possible. If you decide you do not want to return to work you should give notice of resignation in accordance with your contract. This policy applies to SPL following the birth of a baby. You may be entitled to SPL when adopting a child. For further information please speak to you line manager for more inform Disciplinary Policy Shortcomings relating to conduct, attendance and performance will be brought to an employee\u2019s attention as and when they arise. Continuous poor standards of conduct, attendance and performance will be dealt with through the disciplinary procedure. The procedure has been designed to provide a formal process to assist and encourage employees to achieve and maintain required standards of conduct, attendance and job performance. Records of warnings will be kept on employee\u2019s files. Company Commitment The company commits to ensuring the rules of natural justice are applied in all disciplinary matters. \u2022 At every stage in the procedure the employee will be advised of the nature of the complaint against him\/her and will be given the opportunity to respond and state his\/her case before any decision is made. 74","\u2022 The employee concerned is given the opportunity to respond fully to any such allegations or complaints \u2022 No employee will be dismissed for a first breach of discipline except in cases of gross misconduct, in such cases the penalty may be dismissal without notice or payment in lieu of notice. \u2022 An employee will have the right to be accompanied or represented by a work colleague or union representative during any aspect of the investigation and disciplinary process. \u2022 Whilst the disciplinary procedure is usually progressive in nature the Company reserves the right to bypass any stage of the procedure where a decision is made that the nature of the misconduct warrants such action. \u2022 The employee concerned has the right to a fair and impartial determination of the issues concerned, taking into account any representations made by, or on behalf of, the employee and any other relevant or appropriate evidence, factors, circumstances. \u2022 The employee has the right to appeal any aspect of the disciplinary procedure. Informal Discussion Record In the first instance shortcomings relating to performance, absence and conduct will be brought to an employee\u2019s attention by their line manager, or his\/her nominee. Measures for improvement will be advised to the employee by the manager. Employees will be given a minimum of 24 hours\u2019 notice prior to an informal discussion record taking place. Where the employee does not improve identified shortcomings a line manager will progress to the informal process. This process will result in the line manager carrying out a discussion record, this will result in a template being completed that will be signed off by the manager and 75","employee. Written discussion records must be retained on file for a period of 6 months. In circumstances of repeated shortcomings \/ misconduct (maximum of two informal discussions in a period of 6 months) will result in the initiation of the formal disciplinary process. Formal Process Where the employee does not improve shortcomings addressed during the informal discussion a line manager will progress to the formal process. Employees will be given a minimum of 48 hours\u2019 notice of a scheduled disciplinary hearing. The employee reserves the right to be accompanied and\/or represented at the hearing by either a work colleague or registered union representative. The purpose of a disciplinary hearing is to discuss performance and\/or attendance shortcomings formally. The hearing provides an opportunity to the manager to complete a fact gathering exercise. The employee will be provided with all documentation which will be relied upon during the hearing and provided with an opportunity to respond to same. The disciplinary hearing will be adjourned to allow the manager time to consider all information presented at the hearing and for a decision to be made. The meeting will be reconvened, and the employee informed of the disciplinary outcome. Whilst the disciplinary procedure is usually progressive in nature the Company reserves the right to bypass any stage of the procedure where a decision is made that the nature of the misconduct warrants such action. 76","Investigation concerning Gross Misconduct Disciplinary investigations must be conducted by an independent investigator for the purposes of fact finding in all circumstances of alleged gross misconduct, which may result in dismissal or action short thereof. The disciplinary investigation process is as follows: 1. The employee will be informed of the complaint \/ allegation against them in writing with all supporting documentation that will be referred to throughout the process. 2. The employee will be invited to a formal investigation meeting and will be entitled to accompanied by either a work colleague or union representative at the meeting. 3. A written record will be made of the meeting by a company note taker. 4. All witnesses will be invited to formal meetings relating to disciplinary investigations. A written record will be made of witness meetings by a company note taker. 5. A disciplinary investigation outcome report will be prepared by the investigator. A copy of the report, to include all documentation used to reach the outcome, will be provided to the employee in question and to the appropriate manager. 6. In circumstances where an investigation upholds the complaint \/ allegation the employee may be invited in writing to a disciplinary hearing. The hearing will be facilitated by an independent manager who has had no prior involvement in the case. Suspension 77","An employee may be suspended with or without pay pending a formal investigation and conclusion of any subsequent disciplinary process. The fact of any suspension will be confirmed in writing and any payment will be based on basic pay only. Suspension with pay may occur where an employee is suspended pending an investigation of misconduct which appears to have been committed by you. Examples of Gross Misconduct The following acts are examples of Gross Misconduct offences and as such will render you liable to Summary Dismissal (i.e. Dismissal without notice and without previous warnings). This list is not exhaustive. \u2022 Fighting, physical assault or dangerous horseplay. \u2022 Deliberate refusal or wilful failure to carry out a reasonable and lawful direct instruction given by management during working hours. \u2022 Serious insubordination. \u2022 Serious cases of bullying, offensive, aggressive, threatening or intimidating behaviour or excessive bad language. \u2022 Theft or misappropriation of property belonging to the Company, clients, other employees or the general public. \u2022 Wilful damage or negligence involving damage to property belonging to the Company, clients, other employees or the general public. \u2022 Performing, arranging or carrying out any work or activity which could be considered to be in competition with, or which adversely affects in any way, the Company's interests. \u2022 Fraud or any other illegal offence committed against the Company. \u2022 Drinking alcohol during working hours, being under the influence of alcohol\/drugs and\/or drug abuse. 78","\u2022 Providing false or misleading information within your role and responsibilities \u2022 Being in possession of or dealing illegal drugs whilst at work. \u2022 Breach of safety rules and\/or any action which seriously endangers the health or safety of an employee or any other person whilst at work. \u2022 Deliberately making a false entry in the written records of the Company. \u2022 Knowingly giving false information or deliberately omitting relevant information on a job application form or curriculum vitae. \u2022 Unlawful discrimination including harassment. \u2022 Receipt of bribes to affect the placing of business with a supplier of goods or services. \u2022 Inaccurate or fraudulent recording of financial transactions. \u2022 Unauthorised access to or disclosure of any confidential information from whatever source including any personal data under Data Protection legislation. \u2022 Falsification of working hours. \u2022 Criminal offence causing harm to the reputation of the Company or relations with the Company's employees. \u2022 Unauthorised access to or disclosure of any part of the Company's computer data. \u2022 Acts of gross negligence or misconduct involving careless or reckless driving, including the use of hand-held mobile phones whilst driving. \u2022 Loss of driving licence on conviction when driving is all or an essential part of the job requirements. \u2022 Indecent or lewd behaviour of a serious nature. \u2022 Smoking in designated non-smoking areas. \u2022 Serious misuse of the Company's e-mail\\\\internet or other computing resources. \u2022 The act of copying computer software without authorisation. \u2022 The use of unauthorised software on Company PCs. 79","\u2022 The unauthorised disabling of antivirus software. \u2022 Use of pirate software on Company PCs. Disciplinary Stages Stage 1 - Verbal Warning Given to advise the employee of the specific aspect of work performance or conduct which is below standard together with the improvement required and stating that this is the first step in the formal disciplinary procedure. A verbal warning will be live on the employees file for a period of 6 months. Failure to make the required improvement may result in progression to Stage 2 of the procedure. Stage 2 \u2013 Written Warning Issued for a more serious offence or where there is insufficient improvement resulting from the verbal warning. Details of the specific aspect of the employee\u2019s work or conduct, which is below standard, and the improvement required. A written warning will be live on the employees file for a period of 9 months. Failure to make the required improvement may result in progression to Stage 3 of the procedure. Stage 3 \u2013 Final Written Warning Issued where circumstances warrant it or where there is still a failure to improve and conduct or performance is still unsatisfactory. Gives details of the particular aspect of the employee\u2019s work or conduct 80","which is below standard and the improvement required. A final written warning will be live on the employees file for a period of 12 months. Failure to make the required improvement may result in progression to Stage 4 of the procedure. Stage 4 \u2013 Dismissal A further failure to improve after a final written warning will lead to dismissal. A member of Senior management will arrange a meeting with the employee and inform him\/her of the situation and the reasons for the dismissal. A decision to dismiss will be taken, only after thorough investigation of all relevant facts. Summary Dismissal Certain offences such as gross misconduct or any serious or wilful breach of contract will be regarded as so serious as to justify summary dismissal (without notice or payment in lieu of notice). Appeal If an employee is dissatisfied with the outcome of the disciplinary procedure or any aspect of the proceeding an appeal may be made in writing within 5 working days to the appointed Manager as stated in the disciplinary outcome correspondence. The appointed Manager will be a more senior manager and will not have had any prior involvement in the disciplinary procedure. The employee will be given the opportunity to state his\/her case and may be accompanied to the meeting. Grievance Procedure 81","At times employees may wish to raise a grievance relating to their employment. In this respect, ABM\u2019s policy is to encourage free communication between employees and managers to ensure that questions and problems arising during the course of employment can be aired and, where possible resolved quickly and to the satisfaction of all concerned. A grievance must always be raised in the first instance with your immediate manager. If a satisfactory solution is not reached, you may raise this with the HR Department. The objectives of this policy are: \u2022 To treat the employee fairly, consistently and provide a positive working environment. \u2022 To ensure the employee has the opportunity to discuss any issues they may have about their employment. \u2022 To develop an open, friendly and harmonious atmosphere and to assist good working relationships. \u2022 To assist and maintain open communications, prevent misunderstandings and resolve grievances. \u2022 To facilitate speedy and effective resolutions. \u2022 To ensure fair procedures and natural justice. \u2022 To promote confidence and a satisfactory outcome. Informal Grievance Procedure ABM wants to give all employees every opportunity to express their potential dissatisfaction and have this dealt with by the Company in a fair and consistent manner, without them feeling that their position is jeopardised in any way. Most issues or misunderstandings that arise can be dealt with informally, through discussion with their Manager. Every effort should be made to resolve the difficulty in this way. However, if it is not possible to resolve the grievance near to its point 82","of origin, there is a more formal process in place, where it can be taken by way of appeal to a higher level within the Company. Mediation Where an informal grievance process has not worked for an employee, mediation may be offered to the employee as a possible path to resolution. Mediation is simply an informal problem-solving conversation facilitated by a third person who is impartial and independent to the grievance. It is a voluntary, consensus-based method of dispute resolution that uses facilitated communication, problem-solving, collaborative negotiation, exploration of options, compromise and impasse resolution. Mediation is about hearing the story or grievance, developing options and reaching agreement. It is a confidential process which is owned by the parties involved in the grievance where details of the process are not disclosed to the organisation but remain within the mediation process. Formal Grievance Process Where an employee has a grievance arising from employment, he or she should initially raise the matter in writing with their manager. The manager will invite the employee to attend a formal hearing to discuss the grievance. After due consideration, the manager will give a decision in writing and offer the right of appeal. If the matter is not resolved, or if the grievance relates to the employee's manager, the employee may raise the matter with the HR Department, who will obtain the manager\u2019s record of the grievance, record any additional information and hear the grievance. A decision will be given in writing. If the matter is still not resolved, and the employee still remains dissatisfied, he or she may raise the grievance in writing with the 83","Director. A decision will be given in writing, if possible, within 7 days of the appeal hearing. This decision will be final. Appeals against disciplinary action and dismissal are not heard under the grievance procedure as these can be dealt with through the company's separate disciplinary appeals procedure. The grievance procedure may, however, be used if either the disciplinary action taken potentially constitutes unlawful discrimination or the employee believes that the real grounds for the disciplinary action are different from the grounds on which the employer claimed to be taking the action. If a disciplinary appeal is pending, however, the complaint can be dealt with at the disciplinary appeal. Appeals Process Each employee has the right within the grievance process to appeal, each time to a more senior person within the business. Where appeals are being heard, all supporting documentation from previous meetings must be submitted with the written appeal. Appeal documents and letters should be presented to the Human Resources Department for allocation to a more senior manager than who previously heard the grievance. At all times the decision of the final hearing manager of the appeal will be deemed to be final. Further Procedures Applicable \u2022 The decision of the Director is considered final. \u2022 If at any stage of the process, the employee feels that the issue cannot be discussed with their manager they may ask the HR Department for advice. \u2022 In all meetings, natural justice will be observed, and every effort made to resolve the grievance. \u2022 All grievances must be made in writing and clearly outline the reasons\/grounds for appeal. 84","\u2022 The person hearing the grievance at each stage will clarify the same, meet with anyone who has been involved in the situation described by the employee and investigate it thoroughly. \u2022 A decision will be reached only once all the facts have been taken in to account and considered. It will be based only on the facts. \u2022 The right to representation applies to all meetings. \u2022 There must be no unreasonable delay of the procedures. \u2022 Locations and times of meetings must be reasonable for both parties. \u2022 Both parties must be allowed to voice their side at the meetings. \u2022 Appeals require a more senior manager (than heard at the initial meeting). Abuse of Policy Any abuse in the application of this policy will be dealt with in accordance with the Company\u2019s Disciplinary Policy and Procedure and may result in disciplinary action being taken, up to and including dismissal if proven to have occurred. Dignity at Work Policy It is the policy of the Company to create and maintain a good working environment which is free from harassment\/sexual harassment and bullying is a condition of work to which every employee is entitled. Harassment\/sexual harassment and bullying affect the dignity of people at work and will not be tolerated under any circumstances by the Company. Harassment is any unwanted verbal or physical attention involving duress, bullying and any unreasonable pressure. 85","Workplace Bullying is repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and\/or in the course of employment, which could reasonably be regarded as undermining the individual\u2019s right to dignity at work. Examples include: \u2022 Manipulation of the victim\u2019s reputation by rumour, gossip and ridicule; \u2022 Preventing the victim from speaking by making loud voiced criticisms or obscenities; \u2022 Social exclusion or isolation; \u2022 Manipulating the nature of the work or the ability of the victim to perform the work, i.e., by overloading, withholding information or setting meaningless tasks; \u2022 Physical abuse or threats of abuse; Sexual harassment is any unwanted verbal or physical advances, sexually derogatory statements or sexually discriminatory remarks made by someone in the workplace which are offensive or objectionable to the recipient or which cause the recipient discomfort, humiliation or which interferes with their job performance. Examples include: \u2022 Unwelcome sexual advances \u2022 Unwelcome pressure for social contact \u2022 Unwelcome sexual comments and jokes \u2022 Unwelcome physical conduct such as pinching \u2022 Unnecessary touches, fondling, kissing, sexual assault or rape \u2022 Display of distasteful or pornographic material 86","Complaints Procedure There is both an informal and formal procedure to deal with the issue of bullying\/harassment at work. Any investigation should be completed as quickly as possible. Informal Procedure It is often preferable for all concerned that complaints of bullying or harassment are dealt with informally whenever possible. This is likely to produce solutions which are speedy, effective and minimise embarrassment and the risk of breaching confidentiality. Thus, in the first instance a person who believes that he\/she is the subject of bullying\/harassment should ask the person responsible to stop the offensive behaviour. If a person finds it difficult to approach the alleged perpetrator directly then they should seek help and advice on a confidential basis from a supervisor\/manager. Having consulted with this person, the complainant may request their assistance in raising the issue with the alleged perpetrator(s). In this situation the approach of the contact person should be by way of a confidential, non-confrontational discussion with a view to resolving the issue in an informal low-key manner. A complainant may decide, for whatever reason, to bypass the informal procedure. Choosing not to use the informal procedure will not reflect negatively on a complainant in the formal procedure. Mediation Mediation is the preferred method under the Dignity at Work Policy for resolving complaints of bullying and harassment. The objective of 87","mediation is to resolve the matter speedily and confidentially without recourse to a formal investigation and with the minimum of conflict and stress for the individuals involved. Mediation requires the voluntary participation and co-operation of both parties in order to work effectively. Both parties will be requested to consider the use of mediation and every effort will be made to secure their agreement. An assigned mediator will meet with both parties, usually separately to begin with, to discuss the alleged offending behaviour. The mediator will then bring both parties together to reach a common understanding and agreement on acceptable future behaviour. A mediated agreement seeks to reach an accommodation between the parties and thereby restore harmonious working relations. A mediated solution will not result in the issues being dealt with under the disciplinary policy. If the mediation process does not produce a satisfactory outcome, the complainant may seek to have the matter resolved through formal investigation. If the matter remains unresolved at this stage, a formal investigation will be carried out. Note: Mediation may be attempted at any\/all points in the procedure to try to resolve the matter. Mediation may be attempted again during the formal investigation or following the outcome of the investigation. Formal Procedure Any employee who feels he\/she has been or is being subjected to persistent harassment\/sexual harassment\/bullying should report the matter using the grievance procedure and report the matter to their Line manager or to the Human Resources Department. Complaints will be promptly investigated in the strictest confidence with sensitivity and with due respect for the rights of both the complainant and the alleged harasser. All involved are guaranteed a fair and impartial hearing. 88","The complainant must be prepared to put details of the complaint in writing, if requested to do so. The complainant will be kept informed of progress during the investigation. The facts of the allegation will be checked as discreetly as possible. Staff will be protected against intimidation, victimisation or discrimination resulting from their alleging sexual harassment\/harassment\/bullying or assisting with the investigation. Strict confidentiality and proper discretion will be maintained at all times. If a complaint is substantiated, the case will be regarded as grounds for disciplinary action, up to and including dismissal. At ABM, we all have the right to work in an environment that is free from harassment and is respectful, with professional working relationships being common place. Inappropriate and disruptive behaviours compromise the integrity of the employment relationship and undermines an employee\u2019s self- respect and productivity. Inappropriate and disruptive behaviours is behaviour that interferes with the functioning and flow of the workplace. It hinders or prevents employees from carrying out their professional responsibilities, examples include; yelling, use of profanity, refusing reasonable requests, etc. Inappropriate and disruptive behaviours in the workplace can create an uncomfortable, hostile or intimidating work environment, leaving individuals and the company open to accusations of harassment and discrimination. All employees have the responsibility to be mindful of their tone of voice and avoid the use of foul and \/ or disrespectful language at all times in their dealings with others. Based on the principles of reasonableness, respect and professionalism, all employees are expected to conduct themselves professionally, whilst considering the behaviours of others. Every 89","employee is responsible for contributing to an environment that encourages all employees to reach their full potential, therefore increasing business effectiveness and providing everyone with a positive, engaging and supporting work environment. Maintaining a respectful, professional and harassment free workplace is everyone\u2019s responsibility. Termination of Employment If you intend to leave the Company, unless you have a contract that states otherwise, you are required to give a minimum of 1 weeks\u2019 notice, as per the terms of the Employment Rights Act (Northern Ireland) 1996 which must be confirmed in writing. The Company reserves the right to make the appropriate payments in lieu of notice and may require the employee not to work the notice period. On termination of your employment with the Company, you will immediately return all property of the Company or relating to the business of Company that is in the possession or under your control. This includes, where requested, uniforms (in good condition and washed), ID badges, training materials, books, documents, papers, and equipment. You may not retain copies of any documents. If the Company gives you notice of the termination of your employment, you agree to return all Company property as soon as reasonably practical. Mobile phones and laptops are company owned assets and may not be retained by the employee when leaving the business. All mobile phones, laptops and accessories must be returned to your manager by your last day of employment with the Company. It is important to note that Intellectual Property Rights apply. 90","Retirement Policy The normal age of retirement set with the company is 66 years. An employee will be given 6 months written notice before they reach their retirement date from Head Office and a copy of the written notice will be given to the employee\u2019s Account \/ Site Manager. The retirement date will not be before the exact date of the employees 66th birthday. The employee has the right to submit a written request to continue working beyond the retirement date. The request to continue to work beyond retirement age can be submitted to your Account \/ Site Manager at least 3 months before your retirement date is due. On submission of a valid request to continue working beyond the retirement a meeting will then be scheduled to discuss the request, the employee if they wish can be accompanied by a representative of their choice. At this meeting consideration will be considered regarding the employee\u2019s request. Response 1: If the request to continue working is refused, ABM are under no obligation to specify the reason for refusal but you do however have the right to appeal the decision to your Operations Director. Response 2: If your request to continue working is granted you will be placed on a fixed term contract period of 1 year. You will be given 6 months notification of the retirement procedure again prior to the end of the fixed term contract. ABM will monitor the age profile of its staff and the policy will be reviewed when the statutory default retirement age will be reviewed by the Government. 91","Child Protection Policy Children trust and depend on adults to protect and safeguard them from harm. In support of the Children\u2019s Act (2004), it is the responsibility of ABM employees who come into contact with children or young persons on a daily basis to prevent and minimise the potential for harm and to report any suspicions of abuse to a young person whether it is outside or within a project or activity. ABM is committed to practice which protects children and young people from harm. All managers and staff of ABM accept and recognise their responsibilities in this area. This policy applies to all permanent and temporary ABM employees. In addition, this policy applies to any person involved with work for, or on behalf of, ABM in any setting including volunteers, students, agency works and contractors. ABM are not expected to ultimately determine if an incident or allegation constitutes \u2018child abuse\u2019, that is the role of other agencies, including the Police or Garda, Statutory agencies and the Court Services. ABM employees are expected to provide these agencies with information necessary to assist in this determination and the protection of children. Employee Privacy Policy Statement The ABM Group is a data controller for each employee\u2019s personal data and referred to as the \u201corganisation\u201d throughout this policy, as relevant. The organisation collects and processes personal data relating to its employees to manage the employment relationship. The organisation is committed to being transparent about how it collects and uses that 92","data and to meeting its data protection obligations. This Privacy Policy statement applies to the organisation\u2019s current and former workers and contractors and relates to the types of information which could be used to identify them. The organisation collects and processes a range of information about you. This includes: \u2022 Your name, address and contact details, including email address and telephone number, date of birth and gender; \u2022 The terms and conditions of your employment; \u2022 Details of your qualifications, skills, experience and employment history, including start and end dates with previous employers and with the organisation; \u2022 Information about your remuneration, including entitlement to benefits; \u2022 Details of your bank account and PPS\/NI number; \u2022 information about your marital status, next of kin, dependants and emergency contacts; \u2022 Information about your nationality and entitlement to work in Ireland\/UK; \u2022 Information about your criminal record; \u2022 Details of your schedule (days of work and working hours) and attendance at work; \u2022 Details of periods of leave taken by you, including holiday, sickness absence, family leave and sabbaticals, and the reasons for the leave; \u2022 Details of any disciplinary or grievance procedures in which you have been involved, including any warnings issued to you and related correspondence; \u2022 Assessments of your performance, including appraisals, performance reviews and ratings, training you have participated in, performance improvement plans and related correspondence; 93","\u2022 Information about medical or health conditions, including whether or not you have a disability for which the organisation needs to make reasonable adjustments; \u2022 Details of trade union membership; \u2022 Equal opportunities monitoring information; and \u2022 Driving licence, GPS vehicle tracker and functionality information. The organisation collects this information in a variety of ways, for example, data is collected through application forms, CVs or resumes; obtained from your passport or other identity documents such as your driving licence; from forms completed by you at the start of or during employment; from correspondence with you; or through interviews, meetings and\/or other assessments. In some cases, the organisation collects personal data about you from third parties, such as references supplied by former employers, information from employment background check providers and information from criminal records checks permitted by law. The organisation may also receive personal data about you from your previous employer or its client due to service provision change or employment transfer legislation. Data is stored in a range of different places, including in your personnel file, in the organisation's HR management systems and in other IT systems (including the organisation's email system). Why does the organisation process personal data? The organisation needs to process data to enter into an employment contract with you and to meet its obligations under your employment contract. For example, it needs to process your data to provide you with an employment contract, to pay you in accordance with your employment contract and to administer benefit, pension and insurance entitlements. 94","In some cases, the organisation needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check an employee's entitlement to work in Ireland\/UK, to deduct tax, to comply with health and safety laws, to enable employees to take periods of leave to which they are entitled, and to consult with employee representatives if redundancies are proposed or a business transfer is to take place. For certain positions, it is necessary to carry out criminal records checks to ensure that individuals are permitted to undertake the role in question. We may use such personal data relating to criminal convictions when the law allows us to do so (such as: where necessary to carry out our obligations; in relation to legal claims; to protect your or someone else\u2019s interests; or in the course of our legitimate business activities with the appropriate safeguards). We will collect such information during the recruitment process or during your employment. In other cases, the organisation has a legitimate interest in processing personal data before, during and after the end of the employment relationship. Processing employee data allows the organisation to carry out any of the following activities in its legitimate interests: \u2022 Maintain accurate and up-to-date employment records and contact details (including details of who to contact in the event of an emergency), and records of employee contractual and statutory rights; \u2022 Operate and keep a record of disciplinary and grievance processes, to ensure acceptable conduct within the workplace; \u2022 Operate and keep a record of employee performance and related processes, to plan for career development, and for succession planning and workforce management purposes; \u2022 Operate and keep a record of absence and absence management procedures, to allow effective workforce 95","management and ensure that employees are receiving the pay or other benefits to which they are entitled; \u2022 Obtain occupational health advice, to ensure that it complies with duties in relation to individuals with disabilities, meet its obligations under health and safety law, and ensure that employees are receiving the pay or other benefits to which they are entitled; \u2022 Operate and keep a record of other types of leave (including maternity, paternity, adoption, parental and shared parental leave), to allow effective workforce management, to ensure that the organisation complies with duties in relation to leave entitlement, and to ensure that employees are receiving the pay or other benefits to which they are entitled; \u2022 Ensure effective general HR and business administration; \u2022 Conduct employee engagement surveys; \u2022 Provide references on request for current or former employees; \u2022 Respond to and defend against legal claims; \u2022 Maintain and promote equality in the workplace. Some special categories of personal data, such as information about health or medical conditions, is processed to carry out employment law obligations (such as those in relation to employees with disabilities and for health and safety purposes). Information about trade union membership is processed to allow the organisation to operate check-off for union subscriptions. Who has access to data? Your information will be shared internally, including with members of the HR and recruitment team (including payroll), your line manager, managers in the business area in which you work and external IT staff if access to the data is necessary for performance of their roles. 96","Your data may also be shared with employee representatives in the context of collective consultation on a redundancy or business sale. This would be limited to the information needed for the purposes of consultation, such as your name, role and length of service. The organisation will only share your data with third parties for the purpose of administering your employment for example; pre- employment references, annual penalty points statements, employment background checks from third-party providers and obtain necessary criminal records checks from the relevant services. The organisation may also share your data with third parties in the context of a sale of some or all of its business or as required due to service provision change or employment transfer legislation. In those circumstances the data will be subject to confidentiality arrangements. The organisation also shares your data with third parties that process data on its behalf, in connection with payroll, the provision of benefits and the provision of occupational health services. The organisation will not transfer your data to countries outside the European Economic Area. How does the organisation protect data? The organisation takes the security of your data seriously. The organisation has internal policies and controls in place to try to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by its employees in the performance of their duties. Where the organisation engages third parties to process personal data on its behalf, they do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data. 97","For how long does the organisation keep data? The organisation will hold your personal data for the duration of your employment. The periods for which your data is held after the end of employment are set out in a Retention Document. Your rights As a data subject, you have a number of rights. You can: \u2022 Access and obtain a copy of your data on request; \u2022 Require the organisation to change incorrect or incomplete data; \u2022 Require the organisation to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; \u2022 Object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing; and \u2022 Ask the organisation to stop processing data for a period if data is inaccurate or there is a dispute about whether or not your interests override the organisation's legitimate grounds for processing data. What if you do not provide personal data? You have some obligations under your employment contract to provide the organisation with essential data so that we can accurately administer your employment. In particular, you are required to report absences from work and may be required to provide information about disciplinary or other matters under the implied duty of good faith. You may also have to provide the organisation with data in order to exercise your statutory rights, such as in relation to statutory leave 98","entitlements. Failing to provide the data may mean that you are unable to exercise your statutory rights. Certain information, such as contact details, your right to work in Ireland\/UK and payment details, have to be provided to enable the organisation to enter a contract of employment with you. If you do not provide other information, this will hinder the organisation's ability to administer the rights and obligations arising as a result of the employment relationship efficiently. Automated decision-making Employment decisions are not based solely on automated decision- making. Medical data The organisation may carry out pre-employment medicals as part of the recruitment process. This data will be retained by the organisation. Occasionally, it may be necessary to refer employees to the organisation\u2019s doctor for a medical opinion and all employees are required by their contract of employment to attend in this case. The organisation may receive certain medical information, which will be stored in a secure manner with the utmost regard for the confidentiality of the document. The organisation does not retain medical reports on job applicants who do not become employees for longer than is necessary. Employees are entitled to request access to their medical reports. Should an employee wish to do so, please contact the HR Department, which will consult with the doctor who examined you and request the data. The final decision lies with the doctor. Employees are required to submit sick certificates in accordance with the sick pay policy. These will be stored by the organisation, having the utmost regard for their confidentiality. 99","E-mail monitoring The organisation provides e-mail facilities and access to the internet. In order to protect against the dangers associated with e-mail and internet use, screening software is in place to monitor e-mail and web usage. Mailboxes are only opened: \u2022 Upon specific authorisation by a manager in cases where the screening software or a complaint indicates that a particular mailbox may contain material that is dangerous or offensive; \u2022 Where there is a legitimate work reason or in the legitimate interest of the organisation. Please refer to the e-mail and internet usage policies for further details. Closed circuit monitoring (where relevant) The organisation permits use of closed-circuit television cameras located at different areas in different client sites. Such a system will typically be intended for the security of staff and visitors to the site, to capture images of intruders or of individuals damaging property or removing goods without authorisation. Access to the recorded material will be strictly limited to authorised personnel. We have closed circuit television cameras in our Head Office and Regional offices. Closed circuit surveillance is used to manage performance. Access requests Employees are entitled to request data held about them on computer or in relevant filing sets. The organisation will provide this data within 40 days. There is no charge for requesting this data. 100"]