• Theft, • Fraud, • Deliberate falsification of records, • Fighting, • Assault on another person in the workplace, • Serious bullying or harassment, • Deliberate damage to company property, • Misuse of the company property or name, bringing the company into disrepute • Serious incapability through alcohol or being under the influence of illegal drugs, • Serious negligence which causes unacceptable loss, damage or injury, • Serious act of insubordination, • Unauthorised entry to computer records, • The viewing or transmission of pornography and or obscene material, • Serious infringement of health and safety rules; and • Serious breach of confidence (subject to the Public Interest (Disclosure) Act 1998). The above Procedure will apply if you are accused of an act of Gross Misconduct. In addition to being informed in writing that the company is considering dismissing you for Gross Misconduct, you may also be suspended from work on full pay while the allegation against you is investigated. Any such suspension is not a disciplinary sanction and will be as brief as possible. If, on completion of the investigation and disciplinary hearing, the company is satisfied that Gross Misconduct has occurred, you may be summarily dismissed without notice or payment in lieu of notice. As soon as reasonably practicable, the company will provide you with written reasons for your dismissal, the date of termination of your employment and will advise you of your right to appeal. A copy of the written reasons for the decision will be kept on your personnel file. Appeals You should inform your Line Manager, as soon as possible, if you wish to appeal against a disciplinary decision. You should let the company know your grounds of appeal in writing. As soon as possible after receipt of your written grounds of appeal you will be: • Informed in writing of the time, date and place of the appeal hearing at which you will be given the opportunity to state your case before any decision is made. Not less than one working day’s notice of the meeting will be given; and • Informed in writing of your right to be accompanied. A Manager who was not previously involved in the case or where appropriate, an independent person nominated by the company, will hear your appeal and their decision is final. At the appeal, any penalty imposed will be reviewed but it cannot be increased. As soon as reasonably practicable after the appeal hearing, you will be provided with a written record of the company’s decision on your appeal. A copy of the decision on your Fooditude staff handbook 2019 50
appeal will be kept on your personnel file, but other than in the case of demotion or dismissal, it will be disregarded for disciplinary purposes after 12 months (in exceptional cases the period may be longer) subject to your satisfactory conduct. Right to be Accompanied When required or invited to attend a disciplinary or appeal hearing (i.e. not an informal interview or counselling session) you are entitled to make a reasonable request to be accompanied to the hearing by either: • An employee colleague; • A full-time official employed by a trade union; or • A lay trade union official, so long as they have written certification from their union that they have experience of or have received training, in acting as an employee's companion at disciplinary hearings. If your chosen companion cannot attend the disciplinary hearing on the date proposed by the company, you may request an alternative date so long as this is reasonable and falls within five working days of the original date suggested. If you are suspended from work on full pay, your suspension may be continued until the hearing takes place. Your companion has a legal right to address the hearing in order to put or to sum up, your case, respond on your behalf to any view expressed at the hearing and to confer with you. Your companion may ask questions of any witness but cannot answer questions on your behalf. Your companion may not address the meeting or ask questions of any witness if you do not wish it. Notification of formal hearing You will be given at least 48 hours’ notice of a hearing, and you will be notified in writing of the nature of the issue and given relevant information / written evidence (as deemed appropriate by the company) to be considered at the meeting. Records Records will be kept at each stage of this Procedure and you will be provided with a copy. All stages of this Procedure will be dealt with on a confidential basis and the records will be carefully safeguarded. Review of Procedure The company will review this Procedure from time to time and may amend or modify all or any part thereof in the light of revised guidance and/or best practice. 2. Grievance Procedure Purpose and Scope The objective of this Procedure is to settle your work-related grievances as quickly as possible and to avoid escalation of minor issues into problems that may affect the smooth running of the company. The aim is to ensure consistent and fair treatment for all. Fooditude staff handbook 2019 51
Principles In the event that you have a Grievance during the course of your employment, the company will: • Investigate your complaint; • Give you an opportunity to discuss your grievance; • The company will inform you in writing of its decision on your grievance; • You have the right to appeal against any decision on your grievance; and • Each step in this Procedure will be taken without unreasonable delay. Grievance Procedure Where you have a Grievance relating to any aspect of your employment, the following Procedure will be used: • You should raise the Grievance, in writing, setting out the basis of your complaint and send it to your Line Manager or Senior Manager where your grievance is against your Line Manager, who will acknowledge receipt of your written grievance; • The company will investigate the facts of the case without unreasonable delay; • You will be invited, in writing, to attend a meeting at which both you and the company will have the opportunity to discuss your grievance and to explain the parties’ respective cases. The meeting will take place without unreasonable delay and will be held on such a date and time and at such a place as is convenient to both you and the company. The meeting may be adjourned if further investigation is necessary; • As soon as reasonably practicable after the meeting, the company will inform you in writing of its response to your grievance. You will be informed, in writing, of your right to appeal against the company’s decision on your grievance. Appeals If you consider that your grievance has not been satisfactorily resolved, you should inform the Manager to whom you sent your grievance. You should let the company know your grounds of appeal in writing. As soon as possible after receipt of your written grounds of appeal, you will be invited, in writing, to attend a meeting with a Manager who was not previously involved in the case or where appropriate, an independent person nominated by the company. At this meeting both you and the company will have the opportunity to discuss your appeal and to explain the parties’ respective cases. The meeting will take place without unreasonable delay and will be held on such a date and time and at such a place as is convenient to both you and the company. The decision of the Manager or where appropriate, the independent person nominated by the company on your appeal, will be final. Fooditude staff handbook 2019 52
As soon as reasonably practicable after the meeting, you will be informed, in writing, of the company’s response to your appeal. Right to be Accompanied When invited to attend a grievance meeting or an appeal meeting, you are entitled to make a reasonable request to be accompanied to the meeting by either: • An employee colleague; or • A full time official employed by a trade union; or • A lay trade union official, so long as they have written certification from their union that they have experience of or have received training, in acting as an employee's companion at grievance hearings. If your chosen companion cannot attend the grievance meeting or appeal meeting on the date proposed by the company, you may request an alternative date, so long as this is reasonable and falls within five working days of the original date suggested. Your companion has a legal right to address the hearing in order to put or to sum up your case, respond on your behalf to any view expressed at the hearing and to confer with you. Your companion may ask questions of any witness, but cannot answer questions on your behalf. Your companion may not address the meeting or ask questions of any witness if you do not wish it. Records Records will be kept at each stage of this Procedure and you will be provided with a copy. All stages of this Procedure will be dealt with on a confidential basis and the records will be carefully safeguarded. Review of Procedure The company will review this Procedure from time to time and may amend or modify all or any part thereof, in the light of revised guidance and best practice. 3. Capability Procedure Purpose and Scope This Procedure is designed to help and encourage all employees to achieve and maintain the required standards in all aspects of their job performance. The aim is to ensure consistent and fair treatment for all. As the performance of new employees is continuously monitored and assessed during their Probationary Period, this Procedure is abridged for employees who are in their Probationary Period by removing the requirement to hold a (first) formal competence interview. In this Procedure, “capability”, “competence” and “competency” shall, unless the context otherwise requires, mean your capability to do your job, as assessed by reference to skill, aptitude, health or other physical or mental quality. The company makes a distinction between lack of competence and lack of performance that is attributable to a wilful refusal Fooditude staff handbook 2019 53
to work satisfactorily. The latter is a matter of conduct and will be dealt with as such under the company’s Disciplinary and Dismissal Procedure. Principles In the event that a complaint is made about the standard of your work, no action will be taken against you until the complaint has been investigated. At every stage in the Procedure, you will be advised of the nature of the complaint against you and you will be given the opportunity to state your case before any decision is made. You may not be dismissed, demoted or redeployed for lack of competence unless you have first been made fully aware of the standards expected of you and have been given a reasonable opportunity to improve your performance to a satisfactory level and to maintain that improved standard including, where appropriate, extending your probationary period. You have the right to appeal against any formal written warning, dismissal, demotion or redeployment imposed. If the company believes that your performance is sub-standard, the company’s primary objective is for you to improve your standard to a satisfactory level within a reasonable and agreed period of time. You should be aware that you could be dismissed if you do not achieve the required improvement. Procedure Minor faults will be dealt with informally outside the scope of this Procedure, but where the matter is more serious the following Procedure will be used: • You will be informed, in writing, of the nature of the complaint against you and that the complaint will be investigated, and • The facts will be established and evidence gathered, as soon as practicable, and recorded by the company. Where appropriate, written statements will be obtained from available witnesses. Having investigated the complaint, the company will decide whether to: • Take further action; • Arrange for the matter to be dealt with in accordance with this Procedure; • Arrange for the matter to be dealt with under the company’s Disciplinary and Dismissal Procedure. Informal Discussion and Monitoring Your Line Manager may, at any time, hold an informal discussion with you to explore where your performance is considered to be sub-standard. The meeting will seek to make constructive suggestions to assist your improvement. These may include, but are not limited to, additional training or coaching and extending your Probationary Period, if appropriate. A reasonable time scale will be agreed with you to enable you to reach the required standard. Your Line Manager will make informal minutes of the discussion that will Fooditude staff handbook 2019 54
record the date and time of the meeting, who attended and what agreement as to future action, if any, was reached. You will be given a copy of the minutes of this meeting. You do not have the legal right to be accompanied at this informal interview. Following this informal discussion, your performance will be monitored for the agreed period of time, during which period the standard of your performance will be assessed and observations recorded. No further action will be taken if, at the end of that period of monitoring, your performance is assessed as being of a satisfactory standard. If you are still under probation at the end of the monitoring period and you have failed to make the agreed improvements or your performance is still sub-standard, you will be invited to attend a final Formal Competence Interview. Formal Competence Interview This stage will not apply if you are in your Probationary Period. If you are not under probation at the end of the monitoring period and you have failed to make the agreed improvements or your performance is still sub-standard, you will be invited to attend a formal interview to discuss your capability. You will be: • Informed, in writing, of the complaint against you. Not less than one clear working day’s notice of the meeting will be given; and • Informed in writing of the time, date and place of the Formal Competence Interview at which you will be given the opportunity to state your case before any decision is made; • Reminded of the earlier informal discussion and the action agreed to be taken as a result of those discussions. You will also be provided with details of your assessment(s) conducted during the period of monitoring and provided with any other evidence in advance of the meeting; and • Informed, in writing, of your right to be accompanied at a Formal Competence Interview. At this Formal Competence Interview, the company will set out a development plan designed to assist you to achieve the required standard within a reasonable and agreed time scale. Your performance will be monitored for the agreed period of time, during which period the standard of your performance will be assessed and observations recorded. No further action will be taken if, at the end of that period of monitoring, your performance is assessed as being of a satisfactory standard. After hearing your explanation, if any, the company may, if it considers it appropriate, give a formal Written Warning or a Final Written Warning that will inform you that your job might be at risk if you do not achieve and sustain a satisfactory level of performance. A copy of this Written Warning will be kept on your personnel file, but it will be disregarded for all Fooditude staff handbook 2019 55
purposes after 12 months subject to your satisfactory performance. You will be advised in writing of your Right of Appeal. Dismissal, Demotion or Redeployment If, at the end of the monitoring period you have failed to make the agreed improvements or your performance is still sub-standard, you will be invited to attend a Final Formal Competence interview. You will be: • Informed, in writing, of the complaint against you and warned that the company is contemplating dismissing you for lack of capability; • Informed, in writing, of the time, date and place of the Final Competence Interview at which you will be given the opportunity to state your case before any decision is made. Not less than one clear working day’s notice of the meeting will be given; • Reminded of the earlier informal discussion, Formal Competence Interview and the action agreed to be taken as a result of those discussions. You will also be provided with details of your assessment(s) conducted during the periods of monitoring and provided with any other evidence in advance of the meeting; and • Informed, in writing, of your right to be accompanied at the Final Formal Competence interview. If your performance is still unsatisfactory and you have not reached the required standards, the company will consider whether alternative, but not necessarily equivalent, suitable employment can be offered to you. This may result in you being redeployed elsewhere within the company or demoted. If neither of these options apply are available or you are unwilling to accept them, if offered, you may be dismissed on notice. You may be required not to attend work during the period of your notice or paid salary in lieu of notice at the company’s discretion. As soon as reasonably practicable, you will be provided with written reasons for dismissal, demotion or re-deployment and the date on which the decision takes effect. You will be advised, in writing, of your Right to Appeal. A copy of the written reasons for the decision will be kept on your personnel file. Appeals You should inform your Line Manager, as soon as possible, if you wish to appeal against a disciplinary decision. You should let the company know your grounds of Appeal in writing. As soon as possible after receipt of your written grounds of Appeal you will be: • Informed, in writing, of the time, date and place of the Appeal Hearing at which you will be given the opportunity to state your case before any decision is made. Not less than one working day’s notice of the meeting will be given; and • Informed, in writing, of your right to be accompanied. A Manager who was not previously involved in the case or where appropriate, an independent person nominated by the company, will hear your appeal and their decision is final. At the Appeal, any penalty imposed will be reviewed, but it cannot be increased. Fooditude staff handbook 2019 56
As soon as reasonably practicable after the Appeal Hearing, you will be provided with a written record of the company’s decision on your Appeal. A copy of the decision on your Appeal will be kept on your personnel file. In the case of a formal written warning, it will be disregarded for all purposes after 12 months (in exceptional cases the period may be longer) subject to your satisfactory performance. Right to be accompanied When required or invited to attend a formal competence interview, final formal competence interview or appeal hearing (i.e. not an informal interview or counselling session), you are entitled to make a reasonable request to be accompanied to the hearing by either: • An employee colleague; or • A full time official employed by a trade union; or • A lay trade union official, so long as they have written certification from their union that they have experience of or have received training, in acting as an employee's companion at disciplinary hearings. If your chosen companion cannot attend the formal competence interview, final formal competence interview or appeal hearing on the date proposed by the company, you may request an alternative date so long as this is reasonable and falls within five working days of the original date suggested. Your companion has a legal right to address the hearing in order to put or to sum up, your case, respond on your behalf to any view expressed at the hearing and to confer with you. Your companion may ask questions of any witness but cannot answer questions on your behalf. Your companion may not address the meeting or ask questions of any witness if you do not wish it. Records Records will be kept at each stage of this Procedure and you will be provided with a copy. All stages of this Procedure will be dealt with on a confidential basis and the records will be carefully safeguarded. Review of Procedure The company will review this Procedure from time to time and may amend or modify, all or any part thereof in the light of revised guidance and best practice. Fooditude staff handbook 2019 57
Leaving the Company’s Employment 1. Termination of Employment Until successful completion of your probationary period has been reached, either party must give one week’s written notice to terminate the Contract of Employment. Thereafter, should you wish to leave the employment of the company, you are obliged to give the amount of written notice specified in your Contract of Employment. Your Notice must be placed in writing and handed to your Line Manager. After your probationary period, should the company choose to terminate your employment, you will receive written notice as outlined in your Contract of Employment. The minimum statutory notice as required within Section 86 of the Employment Rights Act 1996 (as amended) is one week for each completed year of service, up to a maximum of twelve weeks. Whilst completing your notice period, the company may request that you: • Do not carry out all or some of your duties; • Refrain from coming into work, although you must be available to do so if required; and/or • Use up all or part of, any holiday entitlement by taking a holiday. The company reserves the right, at its absolute discretion, to pay you in lieu of all or any part of, your notice period. Upon termination of your employment, for whatever reason, including retirement, you may be asked to give an up-to-date, fully detailed account of the current business activities you have been involved with to your Line Manager and return any company property. Company property can include, but is not limited to, your company vehicle, float, all paper and electronic documents, computers, I.T. equipment, computer discs and other media, all keys, uniforms, personal protective equipment, tools and other company property in your possession, provided to you or created in the course of your employment. Subject to the Disciplinary and Dismissal Procedure as set out in this Employment Handbook, the company may terminate your employment without Notice (and you will not be entitled to compensation or damages) if you commit any act of gross misconduct. 2. Exit Interviews Any employee tendering their resignation to leave the company’s employment may request the right to or be required to, participate in an Exit Interview. The purpose of the Exit Interview is to discuss your reasons for leaving and to get your opinions on the company. This feedback is important as it helps the company to improve as an Employer. Fooditude staff handbook 2019 58
3. Restriction after Leaving Employment Within your Contract of Employment, there may be restrictions on you and your short-term future employment activities, following the termination of your employment, by whatever means, from the company. Each restriction is a separate and severable covenant. In the event that any separate covenant, or any part of any covenant is found to be unenforceable, that separate covenant or part of the covenant shall be deleted and the remainder of the covenants will remain in force and effect despite any such deletion. Post termination restrictions are strictly governed by law and those included within your terms of employment are considered to be legally compliant, fair and reasonable. They are not there to stop you from earning a living, but to protect the company in the short term after you have left the company’s employment. You are asked to be aware of these restrictions at all times. 4. Final Pay Your Final Pay will be calculated based on the number of days or hours worked in your last pay period. It will be paid into your nominated bank account on the normal company pay date. Pay is calculated on base salary only. You agree that the company is entitled to deduct from your pay, upon the termination of your employment, howsoever arising, any money you may owe to the company including, but not limited to, any overpayments, outstanding loans or advances made to you by the company, relocation costs, training costs, the cost of repairing any damage or loss to the company’s property caused by you, the cost of replacing any tools belonging to the company that you have not returned or that you have lost, excess holiday pay and any other monies owed by you to the company. Once your Final Pay has been calculated and processed, your final payslip will be uploaded on to your e-Payslip portal and your P45 will be forwarded to your home address. In your Final Pay, any balance of holiday accrued during your final holiday year will be paid, calculated up to your effective date of termination. Holiday entitlement will be accrued based on completed weeks worked. If holiday, for which you have already been paid, exceeds your accrued holiday, the company will recover the excess payment and deduct it from any payment due to you. 5. References The company provides standard wording for all employment references requested. It should be noted that by giving the details of the company to any future or potential employer, you are confirming your consent for personal data to be released and issued on your behalf. All requests for references should be made to Human Resources. Fooditude staff handbook 2019 59
6. Redundancy The company endeavours through careful forward planning, to do as much as possible to ensure the security of employment of its employees and thereby avoid any potential redundancy situations. However, future circumstances beyond the company’s control and outside of its planning, such as a change in demand for services, falling profitability and/or the re-company of the business, may occur and result in the possibility of a reduction of the workforce, which might be necessary to secure and maintain the viability of the company as a going concern. In these circumstances, the company shall follow all statutory policies or codes of practice, to ensure legal compliance and a full redundancy procedure will be instigated and followed. Should the need for redundancies arise, the company will endeavour to communicate fully with all affected employees and do all it can to maintain employment for all its employees. If redundancies become unavoidable, before any compulsory redundancies ensue, the company will seek to use alternative methods, such as natural wastage, re-training or re- deploying employees for suitable alternative work first. Any redundancy payments due will be calculated based on the Statutory Redundancy Pay provisions as outlined by the Government, which may be subject to change from time to time. Fooditude staff handbook 2019 60
Health and Safety This section of the Employee Handbook should be read in conjunction with the company’s Health and Safety Training programme, which can be found on the company’s shared drive. 1. Health and Safety The company is aware of its Health and Safety duties and will endeavour to provide a safe working environment for you. As an employee of the company, you also have a duty of care to ensure that you do not breach any health and safety conditions and to behave in a manner that will not cause you or others injury. You are required to comply with all safety requirements as defined within the Health & Safety at Work Act, the company will encourage all employees to work safely and will provide all appropriate training, supervision and equipment or appropriate resources that are necessary. Information about the Health and Safety at Work Act can be obtained from the company. Our full Health and Food Safety Policies are contained within the unit compliance folders, a copy of which is held in each company building. Whilst working on customer sites, you must adhere to all Health and Safety requirements that the customer expects. 2. Smoking in the Workplace We operate a no smoking policy, which applies in all parts of the building at all of our locations and also within all our company vehicles, as per legislation. Should you wish to smoke, it is company policy that this must be outside of your working hours or during your lunch break. At these times, you are asked not to smoke within the boundaries/grounds of the sites or the parking areas, nor at the front of any of our buildings. We will adhere to any legislative changes on smoking in the workplace. 3. Food Hygiene All employees, for the benefit of colleagues, visitors, customers and the general public, must understand the company’s policy on hygiene. All employees must adhere to the hygiene and cleanliness standards. If you are involved in food and beverage preparation and handling, you will be required to attend and pass a food hygiene course during the first three months of working with us. Further information regarding our Hygiene Policy and the standards that we expect from you will be given to you during your induction period and are also in the unit compliance folders. Fooditude staff handbook 2019 61
4. Security As a company, we are concerned regarding the security and welfare of all our employees. If you are working late, then you must advise your Line Manager. When leaving work each day, you must ensure that your work area is cleaned down and all valuables are locked away. You are reminded not to bring personal items into work. Should a personal item go missing, there is no responsibility on the company to replace the lost item and any claim will have to be made through your personal home insurance. 5. Lone Working The nature of some roles with the company means that there is an element of working alone for periods throughout the working day. If you are working alone at any time, you must make contact with your Line Manager on arrival at and when leaving your place of work. If you are a mobile worker and you do not have a fixed place of work or a company site from which you start and end your working day, then you are required to contact your Line Manager at the start and end of each working day to confirm your welfare. If lone working becomes a regular occurrence, the Health & Safety Manager will complete a risk assessment with you and establish a suitable procedure for contact with yourself and your Line Manager. 6. Accidents at Work Should you have an accident at work or whilst undertaking your duties, you must report these to your Line Manager as soon as possible. You must complete an accident form as soon as possible after any accident. If you are not able to do so for any reason, you must notify your Line Manager who will complete this on your behalf. Payment of any sick pay, as a result of absence due to a work-related injury, will be considered and you will be advised accordingly. Fooditude staff handbook 2019 62
Company Matters and Other Internal Policies 1. Anti-Bribery and Business Gifts The company is fully committed to instilling a strong anti-corruption culture and is fully committed to compliance with all anti bribery and anti-corruption legislation, including but not limited to, the Bribery Act 2010 (“the Act”) and ensures that no bribes or other corrupt payments, inducements or similar are made, offered, sought or obtained by us or anyone working on our behalf. Our full Anti-Bribery policy is available upon request and you are urged to make yourself aware of its contents to ensure your continued adherence. Part of this policy, and maybe more common place, is the giving and receiving of gifts, which falls under the Anti-Bribery Policy, and the rules are outlined for ease. As a general rule, the company does not believe that giving and receiving gifts is appropriate to the efficient conduct of its business. However, from time to time, there may be exceptions to this opinion. Procedure - Receipt of Gifts In accordance with the Bribery Act 2011, any employee who is given a gift, of any sort, by a business contact (e.g. customer or suppliers) must disclose the fact of the gift and its nature to your Line Manager. If the gift is worth in excess of £25, details should be passed to your Line Manager who will decide whether accepting and retaining the gift is acceptable. If the Manager decides that the gift might constitute a bribe or other inducement, you will be required to return it to the donor with a suitable covering letter. In cases where the Line Manager decides that the gift was made as a token of the donor's gratitude for a service carried out to a very high standard, the recipient will be allowed to retain the gift. Promotional gifts such as stationery, which are not of significant value, are exempt and need not be disclosed. However, employees are reminded that, since such gifts are sent only to a limited number of employees, they should be distributed to other members of the team, where appropriate. Failure to disclose gifts may constitute a disciplinary offence, which will be handled in accordance with the company’s Disciplinary and Dismissal Procedure. If the gift in question is of significant value, approval to accept the gift must be obtained from the Managing Director. Gifts, which will not be classed as acceptable, will include, for example, where the Fooditude staff handbook 2019 63
recipient is in a position to influence business dealings with the donor. In these instances, the offence will be treated as gross misconduct if not declared by the employee immediately. 2. Telephone Protocol Telephones are one of the main sources for communicating with customers and suppliers and represent a large cost to the company. The company has adopted two simple principles, to be followed, where possible: • If possible, obtain a direct dial number. • If a supplier is quoting a 0845 or equivalent number, please obtain a direct dial number or alternative number to call. Calling these telephone numbers can add additional costs to the business. 3. Work Environment Our office, kitchens and client sites are where employees spend the majority of their working time. Therefore, each employee is asked to treat their colleagues and the workplace with respect. You are asked to take care not to spill, break or damage any company property. Where possible you are asked to keep your workspace tidy. This is particularly important where members of the public, clients or customers may visit. You are also asked to consider the outside of the buildings as part of the workplace and to ensure that no litter is dropped or left behind. You must also be aware of your conduct whilst in the vicinity of the buildings as this can reflect back on the company. 4. Adverse Weather Policy The company’s Policy on employee attendance during adverse weather conditions is outlined below and must be followed at times when the weather is impacting on the ability of employees to attend work as normal. This Policy applies to all employees and is subject to change from time to time. This Policy sets out the way in which absence from work, lateness due to severe weather or transport disruptions will be treated. Overview The company is aware that from time to time, the UK suffers from adverse weather conditions such as snow, ice, floods or severe winds, which may disrupt normal travel arrangements and ease of getting to and from the place of work. In the event of adverse weather, the onus is placed upon each employee to make reasonable endeavours to attend their place of work. In circumstances where the employee may arrive or think they may arrive late, the employee is required to telephone their Line Manager to update them of the situation and should continue to do so until their arrival at work. Employees are expected to monitor public broadcasts of extreme weather where it is likely to disrupt journeys. Fooditude staff handbook 2019 64
Pay All employees who attend work, even if they arrive later than their contractual start time, will receive payment for all hours worked. This pay may then be rounded up to a full day of pay based on the arrival time and endeavours that have been undertaken. Any employee, who fails to arrive at work, when the place of work is open and operating, will normally be classed, as being on unpaid leave and the company will be under no obligation to pay them. However, the Line Manager will apply his discretion on the first day of adverse weather in a calendar year. If alternative means of safe transport are not possible resulting in absence from work, then any time off work will be unpaid, however, in this case employees may opt to use up any accrued paid annual leave. Alternatively, employees may, at the discretion of their Line Manager, choose to make up any working time lost due to absence. Managers are required to keep records of any hours lost due to adverse weather and whether they are to be deducted in the payroll, made up or taken as holiday. Employees are also asked to keep their options of travelling to work under review, as circumstances and conditions for safe travel often improve throughout the day. Arriving at work is expected even if late, rather than not arriving at all. If the payroll for this period has already been processed, the company will look to recover any unpaid leave or overpayment of salary in the following pay period. Alternative Means of Travel and Transport In the event of adverse weather, transport is often affected and employees may not be able to get to work using their normal means of transport. The company expects employees to explore alternative means of safe transport such as public transport, sharing transport and even walking where possible. The company is under no obligation to reimburse employees for additional costs incurred as a result of using alternative means of transport. Operations and Continued Working Whilst travelling to work in adverse weather is not pleasant, we do have contractual obligations to fulfil. If the weather is too extreme to get to your normal place of work, you should consider if you are able to get to an alternative location operated by the company and carry out duties from there. You must contact your Line Manager to gain guidance and approval for on-going work. The company, at its discretion, reserves the right to appoint you to alternative duties during adverse weather. If you refuse the alternative duties, then you will be sent home or asked to refrain from work and will be deemed to be on unpaid absence. Fooditude staff handbook 2019 65
School / Nursery Closures If bad weather forces schools to close, the time necessary for employees to make suitable arrangements for childcare would normally be regarded as “emergency time off for dependants” and would be unpaid. In such circumstances, employees may opt to use up any accrued paid annual leave or at the discretion of their Line Manager, choose to make up any working time lost applying the rules as stated above under “Pay”. Employees should note that the rules relating to emergency time off for dependants (Employment Handbook under Family Friendly Policies) states that employees are not entitled to take all of the time off to cover an entire period of closure – only the time needed to make suitable arrangements for the child’s care. Getting Home The company appreciates employees’ endeavours to get to work during adverse weather conditions and acknowledges that from time to time employees will be concerned about their journey home. Health, safety and well-being are important to the company and the Directors will keep the adverse weather conditions under review in order to make decisions regarding journeys home and / or early closing. Concerns about the ability to get home safely should be raised directly with your Line Manager. 5. CCTV Policy The company uses closed circuit television (CCTV) images to provide a safe and secure environment for staff and visitors, and to protect Fooditude’s property. The system comprises: Fixed position cameras; Pan Tilt and Zoom cameras; Monitors: Multiplexers; digital recorders; Public information signs. Cameras will be located at strategic points, principally outside the main entrance and loading bay, within kitchen areas and each of the main office areas and meeting rooms (not within bathrooms or private rooms). No camera will be hidden from view. In areas of surveillance, signs will be displayed prominently to inform individuals that CCTV is in use. If workers access the relevant areas, their images will be captured on CCTV. This policy sets out the accepted use and management of the CCTV equipment and images to ensure the Company complies with the General Data Protection Regulations (GDPR) 2018, Human Rights Act 1998 and other legislation, including to comply with the requirements of the 2008 CCTV Code of Practice, the Regulation of Investigatory Powers Act 2000 and the Private Security Industry Act 2001. Purpose of CCTV use Using CCTV is necessary for the Company’s legitimate interests. The Company has installed CCTV systems to: Fooditude staff handbook 2019 66
• Deter crime; • Assist in prevention and detection of crime; • Assist with the identification, apprehension and prosecution of offenders; • Assist with the identification of actions that might result in disciplinary proceedings against staff; • Monitor security of the Company’s buildings, equipment and employees. • The Company will not use CCTV for monitoring the work of employees or finding out whether or not they are complying with the organisation's policies and procedures. Recording • Informing the individual(s) concerned that the recording is taking place would seriously prejudice the reason for making the recording; • There is good cause to suspect that an illegal or unauthorised action(s) is/are taking place or about to take place. • Any such monitoring will only be carried out for a limited and reasonable amount of time consistent with the objectives of the monitoring, and only for a specific unauthorised activity. • All such occasions will be fully documented showing who made the decision to use covert monitoring and why. Retention • For digital recording systems, CCTV images held on the hard drive of a PC or server will be overwritten on a recycling basis once the drive is full, and in any event, will not be held for more than 90 days. Images stored on removable media such as CDs will be erased or destroyed once the purpose of the recording is no longer relevant. All digital recordings will be digitally watermarked to maintain integrity; • CCTV evidence may be used against an employee in disciplinary proceedings only where such evidence tends to show, in the reasonable belief of the employer, that he or she has been guilty of serious misconduct. The employee will be given a chance to see and respond to the images in these circumstances. Access to images Access to, and disclosure of, images recorded on CCTV will be restricted and carefully controlled. This will ensure that the rights of individuals are retained, and also ensure that the images can be used as evidence if required. Images can only be disclosed in accordance with the purposes for which they were originally collected. Access to recorded images will be restricted to those staff authorised to view them, and will not be made more widely available. Monitors displaying images from areas in which individuals would have an expectancy of privacy will only be seen by authorised staff authorised. Fooditude staff handbook 2019 67
Viewing of recorded images will take place in a restricted area to which other employees will not have access while viewing is occurring. If media on which images are recorded are removed for viewing purposes, this will be documented. Images retained for evidence will be securely stored. The following information will be documented when media are removed for viewing: • Date and time they were removed; • The name of the person removing the media; • The name(s) of the person(s) viewing the images; • The reason for viewing the images; Disclosure of images All requests for disclosure will be documented. If disclosure is denied, the reason will also be recorded. Disclosures to third parties will only be made in accordance with the purpose(s) for which the system is used and will be limited to: • Police and other law enforcement agencies, where the images recorded could assist in a specific criminal enquiry and/or the prevention of terrorism and disorder; • Prosecution agencies; • Relevant legal representatives; • People whose images have been recorded and retained (unless disclosure to the individual would prejudice criminal enquiries or criminal proceedings); • In exceptional cases, to others to assist in identification of a victim, witness or perpetrator in relation to a criminal incident; • Authorised personnel from the CCTV installation company. In addition to the information required in Section- Access to Images above, the following will be documented: • If the images are being removed from the CCTV system or secure storage to another area, the location to which they are being transferred; • Any crime incident number, if applicable; • The signature of the person to whom the images have been transferred. Individuals access rights The GDPR gives individuals the right to access personal information about themselves, including CCTV images. Individuals whose images are recorded have a right to view images of themselves and to be provided with a copy of the images. Individuals making such a request should provide the organisation with a photograph or a description of themselves, together with the relevant time and date of the image, so that they may be easily identifiable. If you want to make a Fooditude staff handbook 2019 68
request, please send the request to [email protected] or use the organisation's form for making a subject access request. Individuals will be allowed access to such images within one month of the request, although in some cases, particularly where large amounts of data is processed, that time period may be extended to three months. Under the Freedom of Information Act 2000, a copy of this policy will be provided to anyone making a written request for it. 6. Overseas Travel Policy & Procedure The company will take all reasonable steps to ensure the health, safety and welfare of employees when they travel overseas as part of their work. Advice on overseas travel will be obtained from the relevant government bodies. Where the risk is considered unacceptable, employees will not be allowed to travel overseas as part of their work. Employees may refuse to travel overseas where there are reasonable grounds for them to do so. Every time employees travel overseas, the company will ensure that a risk assessment is conducted and that arrangements, including emergency arrangements, are in place prior to the travel. Where possible, identified hazards will be eliminated; otherwise the risks will be reduced to as low as is reasonably practicable. The company will provide adequate information, instruction and training to those working overseas. Employees will make proper use of any equipment and systems of work provided for their safety and will use the designated means of transport. Company procedure The company will: • Review advice from the Foreign & Commonwealth Office, the World Health Organisation and the UK Department of Health prior to allowing members of staff to travel overseas; • Ensure that risk assessments are completed and recorded for all aspects of the travel and the workplace that will be visited; • Ensure that members of staff are informed of the hazards and risks associated with travel overseas; • Ensure that members of staff are informed of the culture and customs of the country that they are visiting in order that they do not inadvertently put themselves at risk; • Ensure that members of staff are trained in the arrangements and safe working procedures to be followed when working overseas; • Ensure that suitable emergency procedures are in place and that members of staff are informed of them; • Ensure that members of staff are trained in undertaking dynamic risk assessments; Fooditude staff handbook 2019 69
• Ensure that arrangements are in place for the provision of adequate in-country medical support; • Ensure that procedures are in place for members of staff working overseas to obtain emergency assistance at any time; • Ensure that members of staff working overseas have the required vaccinations and preventative medication, for example for malaria; • Ensure that the overseas travel record is completed prior to the employee's leaving the UK; and ensure that adequate travel insurance is in place. Employees travelling overseas will: • Advise Fooditude of any tangible impediment to their travel, e.g. a known medical condition; • Ensure that any required vaccinations are up to date; • Appraise themselves fully of all instructions and warnings given by the Employer prior to their departure; • Keep a copy of the completed overseas travel record; • Ensure that any mobile phones provided are fully charged and that a signal can be obtained in the destination country; • Ensure that they attend a site safety induction when working in a new workplace; and not engage in any activity not recognised as being essential to the travel activity. Employees may refuse to travel overseas where they have reasonable grounds for doing so, for example on advice from the Foreign & Commonwealth Office. 7. Policy Statement on the Recruitment of Ex-Offenders • Fooditude undertakes not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed. • Fooditude can only ask an individual to provide details of convictions and cautions that we are legally entitled to know about. Where a DBS certificate at either standard or enhanced level can legally be requested (where the position is one that is included in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 as amended, and where appropriate Police Act Regulations as amended), Fooditude can only ask an individual about convictions and cautions that are not protected. • Fooditude is committed to the fair treatment of its staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background. • Fooditude actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcome applications from a wide range of candidates, including those with criminal records. We select all candidates for interview based on their skills, qualifications and experience. • Fooditude ensures that all those in the company who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of offences. Fooditude also ensures that they have Fooditude staff handbook 2019 70
received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders, e.g. the Rehabilitation of Offenders Act 1974. • At interview, or in a separate discussion, Fooditude ensures that an open and measured discussion takes place on the subject of any offences or other matter that might be relevant to the position. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of an offer of employment. 8. Process for evaluating the company’s response to notification an employee being charged with or convicted of a criminal offence. Upon becoming aware that an employee has been charged with or convicted of a criminal offence the company will decide if it is a disciplinary matter. If the company decides that disciplinary action is warranted, the employee will be asked to attend a disciplinary meeting, prior to attendance at any disciplinary meeting the employee will be provided with a written explanation of the reasons why it is felt that a disciplinary meeting is required with sufficient detail and time for them to be able to consider their response prior to the meeting. Any such disciplinary procedures will be undertaken in compliance with any statutory procedural requirements currently in force and in line with the company’s disciplinary policy. Fooditude staff handbook 2019 71
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