H & F Mencap

EMPLOYEE HANDBOOK

Issue 21

Page

Contents 2

Employee handbook issue & updates page 3

Introduction 4

Joining our organisation 6

Staff appraisal scheme 11

Data protection policy 12

Salaries, etc. 15

Holiday entitlement and conditions 16

Sickness/injury payments and conditions 17

Safeguards 21

Internet and email policy 24

Standards 28

Health, safety, welfare and hygiene 29

General terms of employment, information and procedures 31

Compassionate leave policy 36

Maternity leave policy 38

Paternity leave policy 42

Adoption leave policy 46

Parental leave policy 49

Flexible working policy 51

Whistle-blowers 54

Capability procedures 56

Disciplinary procedures 60

Capability/disciplinary appeal procedures 64

Grievance procedure 65

Personal harassment policy and procedure 66

Equal opportunities policy 69

Termination of employment 71

Appendix One – Redundancy & reorganisation policy 72

Issue 2

CONTENTS

2

EMPLOYEE HANDBOOK ISSUE & UPDATES

Pages Issue Number Date

1-76 1 February 2012

7-9, 62-65, 67, 68 2 December 2013

4,5,7,8,11,12,14,16,17,30,34 3 March 2017

Issue 23

HAMMERSMITH AND FULHAM MENCAP

Welcome to our team. We would like to wish you every success during your employment whether you recently joined us or whether you are an existing employee. We hope that your experience of working here will be positive and rewarding.

This Employee Handbook is designed both to introduce you to our organisation and to be of continuing use during your employment.

We ask that you study carefully the contents of this Employee Handbook as, in addition to setting our rules and regulations, it also contains information on some of the main employee benefits that may be available to you and the policies and procedures relating to your employment. If you require any clarification or additional information please refer to your manager.

Please note that we provide equal opportunities and are committed to the principle of equality in accordance with legislative provisions. We expect your support in implementing these policies. We will not condone any unlawful discriminatory act or attitude in the course of your employment or in your dealings with our clients, suppliers, contract workers, members of the public or with fellow employees. Acts of unlawful discrimination, harassment or victimisation will result in disciplinary action.

General amendments to the Employee Handbook will be issued from time to time.

STATEMENT OF VALUES

H & F Mencap exists to benefit people with learning disabilities within the local community and all other people who wish to make use of the services and facilities, our aims are;

We aim to:

Work with people with learning disabilities and their carers to enable people to make more choices and have more control over their own lives

STANDARDS OF SERVICE

We are committed to:

Providing high quality services and improving them continually

Being helpful and courteous to all who use our services and facilities

Ensuring that all local residents and other potential users know what services and facilities are available and how they can take part in activities

Regularly reviewing the activities and facilities that we provide

Making our constitution, minutes of meetings, annual accounts and other information easily available to everyone (subject to necessary preservation of confidentiality)

Actively encouraging all residents of the area both able bodied, disabled and those with learning disabilities to become members of H & F Mencap and benefit from the services we provide

Encouraging a positive community spirit

Issue 2

INTRODUCTION

4

STATEMENT OF INTENT

H & F Mencap recognises that a complaint is an expression of dissatisfaction, which needs to be addressed, and is an opportunity for us to improve our service. H & F Mencap will address complaints positively, quickly and courteously and treat all complaints equally and seriously.

H & F Mencap will record all complaints; keep those who complained informed of the progress and record the action taken to address the complaint.

H & F MENCAP STAFFIG STRUCTURE

H & F Mencap is headed by the C.E.O Teresa McGinn and her Senior management team Amanda Roles, Dean Ashby, Hana Smeeth, who are responsible for all staff within there departments. Teresa and all other staff and volunteers are accountable to the board of Trustees.

INDEPENDENCE OF THE BOARD

The Board is made of individuals from various diverse organisations; there is no one constituency that dominates the membership of the committee, and H & F Mencap will continue to maintain this.

Board members should not take part in debate on areas where they have personal interests, any interests should be declared. This will ensure that Board members with commercial interests will not be able to tender for contracts issued by the centre. Board members should not be related to any member of H & F Mencap staff to avoid conflict of interest.

FINANCIAL CONTROL

The H & F Mencap accountant is Giles Bisley, all accounts and payroll are drafted by him. The procedures for financial management recording will be held with Dean Ashby and Amanda Roles.

Issue 25

A) PROBATIONARY PERIOD

You join us on an initial probationary period of three months. During this period your work performance and general suitability will be assessed and, if it is satisfactory, your employment will continue. However, if your work performance is not up to the required standard, or you are considered to be generally unsuitable, we may either take remedial action (which may include the extension of your probationary period) or terminate your employment at any time.

We reserve the right not to apply our full contractual capability and disciplinary procedures during your probationary period.

B) JOB DESCRIPTION

Job descriptions are held for all individuals within the organisation, which identify their role, job title, name and lines of accountability. The job descriptions may, from time to time in relation to our changing needs and your own ability. be updated, subject to necessity and are stored in a Job Description file located in the central admin office

C) JOB FLEXIBILITY

It is an express condition of your employment that you are prepared, whenever necessary, to transfer to alternative departments or duties within our business. During holiday periods, etc. it may be necessary for you to take over some duties normally performed by colleagues. This flexibility is essential for operational efficiency as the type and volume of work is always subject to change.

D) MOBILITY

Although you are usually employed at one particular site, it is a condition of your employment that you are prepared, whenever applicable, to transfer to any other of our sites which we may operate from, or those of our service users. This mobility is essential to the smooth running of our business.

E) OPEN DOOR POLICY

H & F Mencap operate an open-door policy in which all staff leave their office door "open" in order to encourage communication among employees of the organisation.

As the term implies, managers are encouraged to stop by whenever they feel the need to speak. H & F Mencap are committed to such a practice as it is a morale booster and allows employees to feel as if they're able to openly speak with their boss about numerous issues face-to-face, rather than by other means, such as e-mail or voice mail.

The actual implementation of this open-door policy is for the purpose of addressing grievances or complaints. However it is always the preferred method to have all staff discuss problems and issues with their Line Managers first and only when a problem can not be resolved at that level should the organisations open-door policy be used.

When an employee comes to use the open-door policy, the first question they will be asked will be, "Have you discussed this issue with your Line Manager?" If the answer is No, a decision needs to be made and the employee may be invited back after they have discussed the matter with their Line Manager may be invited to join the discussion.

Issue 2

JOINING OUR ORGANISATION

6

F) TRAINING AND DEVELOPMENT

1. GENERAL

H & F Mencap supports staff in gaining appropriate skills, knowledge and understanding necessary for them to fulfill their responsibilities to those with learning difficulties and to the organization.

Training and other learning opportunities are seen as an essential part of individual and organizational development. The primary objectives of H & F Mencap will be enhanced by its training and development programme.

Advocate training and support is acknowledged to be one of the cornerstones of the work of H & F Mencap. The training and development programme will value and use the lifelong experiences of all involved.

2. PROCEDURES/GUIDELINES

H & F Mencap will identify the different needs of those involved in the organization; trustees, individual staff and advocates. It will also consider the particular need of the organization; as one entity or in regard to new projects and developments.

Given existing funds and recourses H & F Mencap will determine particular priorities over time. Funding for training and development will be included in all grant applications. Such finds will be allocated centrally through the Director. H & F Mencap will ensure that training and development is integrated into all aspects of its work. It will be a critical part of staff induction but will also be a regular issue in staff reviews.

The nature of the training selected; in house, external provision, mentoring, coaching or placements will be determined by the nature if the particular need and the best potential for positive learning by the participant. Those involved in training will be expected to fulfill all course/ development requirements and, if appropriate, report back to full staff meetings. Training and development has an important part to play in the growth of the organization attendance at courses etc, is therefore considered part of the normal working week.

H & F Mencap will monitor training to ensure its effectiveness and impact on the individual and the organization. The quality of providers will also come under consideration.

3. TRAINING AGREEMENT

The Organisation has a policy of encouraging its employees to undertake training in order to further their career within the organisation. This will include assisting with costs of the training. However, in the event of termination of employment, for whatever reason, the Organisation will seek reimbursement of the costs in line with the Training Agreement. Further details are available separately.

4. TRAINING RECORDS

The senior manager for each department is responsible for maintaining staff training records, which should identify details of the course staff have attended, both internal and external, the duration and qualifications if applicable. Records of Internal and External training courses attended by staff members are to be kept in a central file, held in the central administration office.

G) DISCLOSURE AND BARRING CERTIFICATE PROCEDURE

Issue 27

1. H & F Mencap is an organisation which works closely with vulnerable adults and children. For this reason criminal record checks are to be carried out on every new applicant including board members.

Issue 28

2. SELF-DECLARATION

a. New staff will be asked to contact Dean Ashby, HF Mencap operations manager, to complete a self declaration form. You will be asked to complete the form and provide photo ID and utility bills. They will then carry out the criminal record checks. This process may take up to six weeks to complete. The date of all staff criminal record checks will be kept on individual personnel files. Criminal record checks should be renewed every two years.

b. Where no disclosure of inappropriate convictions or investigations is revealed, BSAC HQ issues a letter confirming this to H & F Mencap.

c. If the disclosure does reveal inappropriate convictions or investigations of a nature that would prevent someone from having access to vulnerable adults or children, then the applicant will be advised of this and also H & F Mencap will be informed. The applicant has the right to appeal.

3. DISCLOSURE AND BARRING SERVICE AND PROTOCOL

a. Clearly, a more reliable method of establishing evidence of previous convictions or investigations is for a member to request a Disclosure and Barring Certificate.

b. If H & F Mencap wishes to take advantage of the BSAC’s registration as an “umbrella organisation” with the Criminal Records Bureau, there is a protocol for accessing the criminal record of a membership applicant. This protocol is set down by the Disclosure and Barring Service and must be adhered to.

c. H & F Mencap must satisfy the BSAC Welfare Officer that the have applied the principles of “best practice” to all aspects of their activity.

d. One the BSAC welfare officer gives approval, H & F Mencap may add an item to the agenda of a General Meeting of H & F Mencap to discuss the additional Bye-law to its constitution.

e. If the branch votes to accept the additional Bye-lay then it must be lodged with BSAC HQ, a copy of the minutes of the meeting at which it was decided to adopt the additional bye-law and a copy of its new (amended) constitution. The decision to continue this bye-law must be ratified at each subsequent AGM – and confirmation of this ratification must be forwarded to BSAC HQ with the amended “H & F Mencap details” form in order to retain the ability to access Disclosure and Barring Certificate.

f. BSAC HQ will then add H & F Mencap to the list of those from whom it will accept application to access the CRB records and make note of the expiry date of such acceptance as two months after the date at which the next AGM is scheduled. HQ will also send out an administration pack detailing how to make application for criminal record checks.

4. THE DISCLOSURE AND BARRING SERVICE DISCLOSURE PROCESS

a. H & F Mencap must advertise the requirement for certain/all applicants to undergo criminal record checks in all application forms. This is to be certain that potential applicants understand that they may be asked to undergo a check, and at what point, before they decide to apply for the position.

b. The individual applicant must apply for the criminal record check to be undertaken themselves via H & F Mencap. The correct forms will be provided to a registered office. The Disclosure and Barring Service will not accept application for disclosure from any third party. The completed application should then be sent to BSAC HQ to see if there is any disclosure statement. The nature of the inaccuracy should not be discussed with anyone at this stage.

Issue 29

c. The branch should accompany the applicants’ disclosure application form with their own form for the BSAC to process the request (the BSAC will not process requests from individuals without the endorsement of the chairperson of the registered office.

d. Once the BSAC welfare officer receives an application for a criminal record check that is correctly endorsed by a registered office it will be countersigned and forwarded to the Disclosure and Barring Service.

e. The Disclosure and Barring Service sends a disclosure statement direct to the applicant – together with details of how to challenge the contents if necessary. A copy of the disclosure statement will also be sent to the BSAC welfare officer.

f. The BSAC welfare officer will pass the disclosure statement through a protocol (developed with help from the NSPCC and the Disclosure and Barring Service) that will generate a “Yes/No” answer to the question asked by the branch.

If the answer is “No” (the applicant has nothing in their record to exclude them from BSAC membership) this is communicated immediately to H & F Mencap and the applicant is “approved”.

If the answer is “yes” (on the basis of their previous criminal records or investigations, the applicant will be excluded from BSAC membership) then communication with H & F Mencap is delayed for 7 days (to allow the applicant to receive the disclosure statement, challenge its content and inform the BSAC welfare officer that a challenge has been made.

5. If the welfare officer receives notification that the content of the disclosure statement is to be challenged, The BSAC welfare officer will contact the applicant direct and introduce themselves as such, HQ should also remind the applicant that H & F Mencap has no knowledge of the content of the disclosure statement.

Branches should note that a delay does not imply anything:

Disclosures may take time to process The BSAC Welfare Officer may simply be on holiday The Disclosure and Barring Service may be experiencing a seasonal rise in demand for

checks that results in a delay

The serial number on the copy of the disclosure statement held by the BSAC welfare officer will be recorded and the Disclosure document itself will be permanently destroyed. The BSAC will not receive copies of disclosure statements, nor will they be kept on file, anywhere, for more than 30 days.

H) OTHER POLICIES AND PROCEDURES

The Organisation has a number of other policies and procedures that will have been explained to you during your induction. Copies of these will have been provided to you separately or are available on request from the office.

Issue 210

A) APPRAISALS

The people within H & F Mencap are our most valuable asset and a system of appraisal should be in-force to help staff achieve their full potential and to continue to improve the quality of service we provide to clients. It is an opportunity to take an overall look at work content and volume, look back at what has been achieved, and agree objectives for the future, linked to the needs of H & F Mencap as outlined in the business plan.

The purpose of the appraisals systems is for enhancement of personal development, to provide a clear statement to performance, to achieve effective communication, and to plan work priorities and objectives for the following year.

B) CARRYING OUT OBJECTIVES

All staff members should have completed a personal action plan, detailing their own short to long-term goals. This should also highlight their strengths and weaknesses as they see them. Following this, a meeting with the supervisor will be organized to discuss all aspects of their personal action plan.

It is important that the staff have the opportunity to air their concerns without the fear of repercussion.

This system does not quantify the performance of the individual but allows an opportunity for the individual to review their performance over the course of the last 12 months.

From the discussion with the individual and the later meeting with the supervisor an action plan for each individual can be extracted which will be used as an objective checklist for the next three months. After this period a further review will be conducted using the previous action plan as a benchmark for personal development.

C) PROCEDURE FOR APPRAISALS

a. Agree a date allowing 14 days preparation time, setting aside at least one hour for an interview

b. A 2-way appraisal system will be used; utilizing the information obtained from the new personal action plan and any previous personal action plans.

c. Both the appraiser and the appraisee should spend time planning what they wish to discuss.

d. The room should be private

e. The interview should take place in an informal atmosphere, whereby the scope of the interview should be made clear to appraisee.

f. The appraisee and appraiser should retain copies of the completed and signed document.

The Chair of the Board with the help of the Personnel and General Purposes sub committee, following the same procedure will carry out the Director’s appraisal.

Issue 2

STAFF APPRAISAL SCHEME

11

A) AUTHORITY FOR MONITORING

Unauthorised monitoring is not permitted. Attempts by any member of staff to implement unauthorised monitoring will be in breach of this policy and may result in disciplinary action. The following is a list of those members of staff, in addition to the Management Committee, who may authorise monitoring, together with their areas of responsibility

Senior Manager of departments – any matters relating to staff Director of Finance – any financial matters, e.g. suspected fraud C.E.O – any matter relating to H & F Mencap

They may also designate a nominee to authorise monitoring.

B) WHAT MAY BE MONITORED AND WHYSome examples of monitoring activity are

Keeping recordings of telephone calls and messages

Updating records of service users

Updating and discussion of service users comments and suggestions to improve services

This is not an exhaustive list. Sometimes, monitoring may be carried out, but the data collected is only viewed retrospectively to investigate an incident.

C) HOW MONITORING INFORMATION WILL BE USED

Any monitoring information that is collected in relation to a service user or member of staff may be used in a disciplinary investigation, for example where there is inappropriate use of the internet or e-mail. Information collected may also be passed to relevant authorities if there are any criminal proceedings to which it relates. It will also be used to plan and deliver new services.

D) CRITERIA FOR DECISION TO MONITOR

The consequences of monitoring must be considered in terms of any potentially adverse impact on staff or service users

What intrusion will there be into the private lives of staff or service users, e.g. interference with their private telephone calls or e-mails

To what extent will staff or service users be aware that they are being monitored

What impact, if any, will there be on the relationship of mutual trust and confidence between the staff or service users and H & F Mencap

Whether information that is confidential will be seen by those who do not have a legitimate business need to know.

E) ALTERNATIVES TO MONITORING SHOULD BE CONSIDERED

Can established or new methods of supervision, training or clear communication deliver acceptable results?

Can investigations be carried out on specific incidents, rather than monitoring continually?

Issue 2

DATA PROTECTION POLICY

12

Can monitoring be limited to those staff about whom complaints have been received or who may be suspected of wrong doing?

Can monitoring be automated?

Can audits or spot checks be carried out instead?

The decision as to whether the current or proposed method of monitoring is justified involves

Establishing the benefits of the method of monitoring

Considering any alternative method of monitoring

Weighing benefits against adverse impact

Ensuring that any intrusion is no more than absolutely necessary

Taking into account the results of consultation with staff or service users or their representatives, e.g. trade unions.

F) RETENTION OF INFORMATION Personal data collected during the monitoring process should only be retained for as

long as is necessary to fulfil the purposes of monitoring.

Personal data collected for monitoring purposes should be kept securely and destroyed once it is no longer needed.

G) SECURITY ON INFORMATION

Personal data collected in the course of monitoring activities will be processed fairly and lawfully in accordance with the Data Protection Act 1998, eg it will be:

adequate, relevant and not excessive

used for the purpose(s) stated in the impact assessment only and not used for any other purposes

accessible only to appropriate staff on a need to know basis - this will be decided by the designated authority in question

treated confidentially

stored securely

not kept for longer than necessary and will be securely destroyed once the issue(s) in question have been resolved.

H) INFORMING STAFF OF MONITORING ACTIVITIES

Staff are notified of the nature of any monitoring that is taking place. Relevant policies in relation to monitoring are available via the intranet, from your Line Manager or central admin office.

If any changes are made in regard to monitoring, staff will be notified. The exception to this is covert monitoring activity, eg for crime detection, which is allowed for by the Regulation of Investigatory Powers Act 2000.

Issue 213

I) INDIVIDUAL RIGHTS

The Data Protection Act 1998 confers on individuals various rights including the right to find out what information a Data Controller holds about them – the right of subject access. Personal data collected or kept by H & F Mencap for the purposes of monitoring will be made available if a subject access request is made, unless an exemption applies.

Information can also be obtained from the Information Commissioner’s Office which enforces the Data Protection Act www.informationcommission.gov.uk.

Issue 214

A) ADMINISTRATION

1. Payment

a. For all office based staff the pay month is the calendar month. Basic salaries are paid by the 26th day of the current month in arrears. For MyLife staff the pay month in from 15th of month one to 14th of second month, to be paid 26th of second month.

b. You will receive a payslip showing how the total amount of your pay has been calculated. It will also show the deductions that have been made and the reasons for them, e.g. Income Tax, National Insurance, etc.

c. Any pay queries that you may have should be raised with either your line manager or the Accountant.

2. Overpayments

If you are overpaid for any reason, the total amount of the overpayment will normally be deducted from your next payment but if this would cause hardship, arrangements may be made for the overpayment to be recovered over a longer period.

3. Income Tax and National Insurance

At the end of each tax year you will be given a form P60 showing the total pay you have received from us during that year and the amount of deductions for Income Tax and National Insurance. You may also be given a form P11D showing non-salary benefits. You should keep these documents in a safe place as you may need to produce them for tax purposes.

B) LATENESS/ABSENTEEISM

1. You must attend for work punctually at the specified time(s) and you are required to comply strictly with any time recording procedures relating to your work.

2. All absences must be notified in accordance with the sickness reporting procedures laid down in this Employee Handbook.

3. If you arrive for work more than 15 minutes late without having previously notified us, other arrangements may have been made to cover your duties and you may be sent off the premises for the remainder of the shift/day without pay.

4. Lateness or absence may result in disciplinary action and/or loss of appropriate payment.

C) SHORTAGE OF WORK

If there is a temporary shortage of work for any reason, we will try to maintain your continuity of employment even if this necessitates placing you on short time working, or alternatively, lay off. If you are placed on short time working, your pay will be reduced according to time actually worked. If you are placed on lay off, you will receive no pay other than statutory guarantee pay.

D) STAKEHOLDER PENSIONS

If you wish to join a stakeholder pension, we will make the necessary arrangements. Please contact your line manager for further details.

Issue 2

SALARIES, ETC

15

A) ANNUAL HOLIDAYS

1. Your annual holiday entitlement is shown in your individual Statement of Main Terms of Employment (Form SMT).

2. It is our policy to encourage you to take all of your holiday entitlement in the current holiday year; however we do permit up to five days holiday to be carried forward into the next leave year. Any carried over leave must be used by the end of the first month in the new holiday year. No payment in lieu will be made in respect of untaken holidays other than in the event of termination of your employment.

3. You must complete the holiday request form and have it signed by your Line Manager before you make any firm holiday arrangements.

4. Holiday dates will normally be allocated on a “first come – first served” basis whilst ensuring that operational efficiency and appropriate staffing levels are maintained throughout the year.

5. You should give at least one month’s notice of your intention to take holidays.

6. You may not normally take more than two working weeks consecutively unless otherwise agreed in advance with a Director.

7. Your holiday pay will be at your normal basic pay unless shown otherwise on your Statement of Main Terms.

B) PUBLIC/BANK HOLIDAYS

Your entitlement to public/bank holidays is shown in your individual Statement of Main Terms of Employment.

Issue 2

HOLIDAY ENTITLEMENT AND CONDITIONS

16

A) INTRODUCTION

1. As part of its duty of care to staff, H & F Mencap has put in place procedures to manage sickness absence. Staff are expected to maintain a satisfactory record of attendance. H & F Mencap aims to balance the sensitive nature of individual sickness and ill health against its needs to achieve its objectives. As a caring employer, H & F Mencap aims to assist employees to retain or regain good health.

2. It is essential that the following procedures be carried out with tact and sensitivity and a realisation that the management of attendance is the joint responsibility of the Line Manager and the individual member of staff. Human Resources (HR) will be available to advise and support Line Managers and their staff.

3. Should a member of staff fail to comply with notification or certification procedures or otherwise abuse the procedures, the disciplinary procedure may be used.

B) REPORTING SICKNESS ABSENCE

1. All staff must telephone their Line Manager by 07.00 hours on the first day of absence. If it is impossible for you to make contact personally, someone may do this on your behalf, for example, a family member. The reason for absence must be given, along with how long you expect to be away from work. If your Line Manager is not available, this information should be conveyed to another manager.

2. The same procedure should be used if you are unexpectedly absent from work for any other reason including an accident. If you are unsure how long you will be absent, you should keep your Line Manager updated.

3. If there is no contact from any employee 1 hour from starting time, their Line Manager or a colleague should inform either the line manager or C.E.O who will try and contact the employee or their emergency contact.

4. The Line Manager or other member of staff taking the message must inform either the line manager or C.E.O immediately so that any necessary follow-up action can be taken, for example, amendment to pay or communication with the Director.

C) EVIDENCE OF INCAPACITY

1. Doctors’ certificates are not issued for short-term incapacity. In these cases of incapacity (up to and including seven calendar days) you must sign a self-certification absence form on your return to work.

2. If your sickness has been (or you know that it will be) for longer than seven days (whether or not they are working days) you should see your doctor and make sure he/she gives you a medical certificate and forward this to us without delay. Subsequently you must supply us with consecutive doctors’ medical certificates to cover the whole of your absence.

D) PAYMENTS

1. You are entitled to statutory sick pay (SSP) if you are absent for four or more consecutive days because of sickness or injury provided you meet the statutory qualifying conditions. SSP is treated like wages and is subject to normal deductions.

Issue 2

SICKNESS/INJURY PAYMENTS AND CONDITIONS

17

2. Qualifying days are the only days for which you are entitled to SSP. These days are normally your working days unless otherwise notified to you. The first three qualifying days of absence are waiting days for which SSP is not payable. Where a second or subsequent period of incapacity (of four days or more) occurs within 56 days of a previous period of incapacity, waiting days are not served again.

3. Any contractual sickness/injury payments are shown in your individual Statement of Main Terms of Employment.

4. Any days of contractual sickness/injury payments which qualify for SSP will be offset against SSP on a day-to-day basis. A deduction will be made for any other state benefits received if you are excluded or transferred from SSP.

5. If you are entitled to any payments in excess of SSP and your entitlement expires, full or part payment may be allowed at our discretion where it is considered that there are special circumstances warranting it.

6. Where the circumstances of your incapacity are such that you receive or are awarded any sum by way of compensation or damages in respect of the incapacity from a third party, then any payments which we may have made to you because of the absence (including SSP) shall be repaid by you to us up to an amount not exceeding the amount of the compensation or damages paid by the third party and up to, but not exceeding, any amount paid by us.

E) RETURN TO WORK

1. You should notify your Line Manager as soon as you know on which day you will be returning to work, if this differs from a date of return previously notified.

2. If you have been suffering from an infectious or contagious disease or illness such as rubella or hepatitis you must not report for work without clearance from your own doctor.

3. On return to work after any period of sickness/injury absence (including absence covered by a medical certificate), you are also required to complete a self-certification absence form and hand this to your Line Manager.

4. Upon returning to work after any period of sickness/injury absence, you may be required to attend a “return to work” interview to discuss the state of your health and fitness for work. Information arising from such an interview will be treated with strictest confidence.

F) FREQUENT SHORT TERM SICKNESS ABSENCE

1. If a member of staff has more than 15 days total sickness absence over a 12 month period, the line manager will arrange a meeting with the individual member of staff.

The aim of this is to:

identify any underlying reasons for the sickness absences

discuss the frequency and reasons for the absences and ensure that the member of staff is aware that the absence record is giving cause for concern

advise the member of staff to seek medical attention if appropriate.

If there is no underlying medical condition and the reasons for absence appear not to be genuine, the matter may be dealt with through the disciplinary procedure. If the absences are genuine, but the frequency remains unacceptable, the matter may be dealt with formally through our Capability Procedures (found later in this handbook), and a formal meeting held.

Issue 218

G) GENERAL

1. Submission of a medical certificate or sickness self-certification absence form, although giving us the reason for your absence, may not always be regarded by us as sufficient justification for accepting your absence. Sickness is just one of a number of reasons for absence and although it is understandable that if you are sick you may need time off, continual or repeated absence through sickness may not be acceptable to us.

2. In deciding whether your absence is acceptable or not, we will take into account the reasons and extent of all your absences, including any absence caused by sickness/injury. We cannot operate with an excessive level of absence as all absence, for whatever reason, reduces our efficiency.

3. We will take a serious view if you take sickness/injury leave which is not genuine, and it will result in disciplinary action being taken.

4. If we consider it necessary, we may ask your permission to contact your doctor and/or for you to be independently medically examined.

H) LONG-TERM ABSENCE DUE TO ILL HEALTH OR DISABILITY

1. Where any employee has been absent for over three consecutive weeks, the Line Manager will make contact to see how the individual is and when they are likely to be back at work. It is expected that the Line Manager will contact the employee regularly, normally weekly, while off long-term sick. In some circumstances, for example if the reason for absence is sensitive, it may be appropriate for the Director to maintain contact.

2. In cases where an employee is not able to return to work to full duties after long term sickness absence, but a full return is expected within 6-8 weeks, Line Manager and Director should consider arranging a phased return in consultation with the employee.

Issue 219

Form SCA

This form should be completed on your return to work following any period of sickness.

If you are returning to work after a period of sickness of more than 7 calendar days a medical certificate or certificates should already have been provided to cover the period of absence in excess of these first seven days.

NAME:

Dates of sickness FROM (Including non-working days) TO

__________________________ am/pm ___________________________ am/pm__________________________ day ___________________________ day__________________________ date ___________________________ date

Dates of absence FROM TO

__________________________ am/pm ___________________________ am/pm__________________________ day ___________________________ day__________________________ date ___________________________ date

Details of sickness or injury

Did you consult a Doctor? YES/NO. If YES please give details of: Doctor’s name, address, date of visit, treatment received and any current treatment. If NO please state why not.

Declaration

I certify that I was incapable of work because of my sickness/injury on the dates shown above and that this information is true and accurate.

I acknowledge that false information will result in disciplinary action.

I hereby give my employer permission to verify the above information.

Signed _________________________ Acknowledged ____________________________(employee) (for employer)

Date ___________________________

Issue 2

SICKNESS SELF-CERTIFICATION ABSENCE

20

A) CONFIDENTIALITY

1. All employees and volunteers are required to abide by H & F Mencap’s Confidentiality Policy.

2. You must keep all information given to you or created by you during your employment confidential at all times while you are an employee and after your employment ends. Information of a personal and private nature will be treated sensitively and remain confidential within H & F Mencap. This means that the information will not be given to anyone outside the organisation without the permission of those to whom it relates.

3. All notes, records of meetings etc. will be kept on files, marked “Private and Confidential”, which will be securely stored. The files will only be accessed by those members of H & F Mencap’s staff authorised to do so. No information gathered for monitoring or evaluation of our work will identify individual cases.

4. Personal and private information about people with learning disabilities and their families should be treated sensitively and only shared on a “need to know” basis within the organisation. Discussion about personal matters relating to families and individuals should take place in a private office. Open discussion in general offices is discouraged.

5. Files containing personal information should be marked “Private & Confidential” and should not be left open and unattended in the office and should be put away securely overnight. Sensitive or private computer held information should be stored on a disk, with a password, and should be kept in a secure place. All disks which come into the office from outside must be scanned for viruses before use on office computers.

6. Unless there are exceptional circumstances, information should only be shared with outside agencies with the permission of the individual(s) concerned. In some circumstances there may be a need to share information with outside agencies, but only with the prior permission of the people concerned. If this is likely, those concerned should be advised at the outset. See point below - Procedure for breaking confidentiality.

7. Only in exceptional circumstances, such as the following, should confidentiality be broken:

a threat to life physical, sexual, financial or other abuse to or by another person (adult or child) a health and safety risk to other people in the workplace a disclosure required by law or a court order

Because breaking confidentiality is a serious matter, the following procedure should ideally be followed prior to disclosure. If, in any discussion, information is being given which the H & F Mencap employee/volunteer believes may have to be shared with other Agencies:-

they should stop the conversation

explain that such information and any further detail that might be forthcoming, could require them to pass it on to outside agencies

proceed if the informant gives permission under those conditions, confirming that they had given their consent, should further action be needed

if permission is refused, terminate the conversation and refer the person to the Line Manager or in their absence to the Chief Executive

maintain written records of the process and the decisions taken throughout.

Issue 2

SAFEGUARDS

21

B) ORGANISATION PROPERTY AND COPYRIGHT

All written material, whether held on paper, electronically or magnetically which was made or acquired by you during the course of your employment with us, is our property and, where appropriate, our copyright. At the time of termination of your employment with us, or at any other time upon demand, you shall return to us any such material in your possession.

C) STATEMENTS TO THE MEDIA

Ay statements to reporters from newspapers, radio, television, etc. in relation to our business will be given only by the Director.

D) CONFLICT OF INTEREST

1. As a recipient of public funding, H & F Mencap is expected to maintain the highest standards in all of its actions. H & F Mencap’s future, and its ability to deliver its mission statement, rests in large part on maintaining a good reputation. H & F Mencap is based on a strong values statement; we are therefore committed to upholding and promoting the highest standards of behaviour and preventing, identifying and acting upon corruption, fraud and irregularity.

2. Staff, elected officers, trustees and volunteers are expected to act with the highest standards of integrity and probity in all dealings to do with H & F Mencap. The Trustees and managers in particular are expected to lead by example in ensuring that the highest levels of behaviour are adopted. The establishment of a register of interests is part of H & F Mencap’s risk management Plan and is an obligation under Charity Commission good practice.

3. The Conflict of Interest Policy is part of H & F Mencap’s efforts to ensure financial probity, promote the highest standards of behaviour and control the risk of fraud, corruption and irregularity.

A conflict of interest is defined as:

“Any financial or other personal interest that an individual may have in any relationship or proposed relationship between H & F Mencap and an external body, or between individuals within H & F Mencap.”

Relationships between members of staff or between members of staff and elected officers could lead to a conflict of interest. For example, a personal relationship between a Trustee and a Line Manager could lead to a suspicion of favouritism or preferential treatment when making decisions on promotion, pay-rises, access to training, etc. Such relationships should be declared in the same way as relationships with external suppliers or similar. Declarations of such relationships will need to be handled in a more sensitive manner and issues of confidentiality will need to be considered more carefully. The Director will advise on such matters.

4. It is up to each individual to decide whether a conflict of interest could exist and, if so, to declare the conflict. When deciding on such matters, consideration must be given to how things could appear to others and, in all cases, individuals should err on the side of caution, declaring an interest if there is any possibility that a conflict of interest may exist.

The line manager will be available to offer advice and information to individuals about this policy.

5. Personal Benefit

a. Members of staff, elected officers and trustees must not use their office or employment for personal gain and should act at all times in good faith and in the interests of H & F Mencap.

Issue 222

b. Members of staff responsible for purchasing goods or services for H & F Mencap may not purchase or procure the same type of goods or services for personal benefit at a preferential cost by virtue of their employment.

c. Members of staff, elected officers or trustees may not accept gifts or favours, except when not to do so would damage the relationship with an external party. Any such gifts or favours should be declared to the Department Head or the Director.

d. Any excessive offers of gifts, favours, bribes, etc. should be reported immediately to the Director in order to ensure that no suggestion of impropriety could be made in the future and in order for the Director to decide whether any further action should be taken against the external party.

6. Register of Interests

a. Declaration of any possible conflict of interest provides a protection for H & F Mencap and individuals against any allegations of impropriety.

b. The Director will maintain a register of interests, containing all declarations made by individuals. Any declaration made by the Director should be discussed with the Chair first.

c. Declarations should be made using the standard form. Declarations should be made providing as much detail as possible. As a minimum, all declarations should record:

i. The name of the individual making the declaration

ii. The date that the declaration was made

iii. The signatures of the Director and of the individual making the declaration

iv. The nature of the conflict of interest in as much detail as possible

v. Details of the external body or other individual concerned in the conflict

vi. Details of any financial or other benefits received by the individual making the declaration

vii. Details of any preventative measures that will be taken to mitigate the conflict of interest

viii. Details of any other parties who need to be informed of the conflict, for example, Chair of the Board of Trustees, Managing Director, the individual’s Line Manager, etc.

The Director will ensure that this policy is brought to the attention of staff, officers and volunteers on a regular basis and that individuals are encouraged to declare conflicts of interest.

7. A declaration of interest does not replace the need for individuals to declare relevant interests during the course of the business of a committee or during day-to-day activity. Breach of this policy may lead to disciplinary action against members of staff or other appropriate.

Issue 223

A) E-MAIL AND INTERNET POLICY

1. Introduction

The purpose of the Internet and E-mail policy is to provide a framework to ensure that there is continuity of procedures in the usage of Internet and E-mail within the Organisation. The Internet and E-mail system have established themselves as an important communications facility within the Organisation and have provided us with contact with professional and academic sources throughout the world. Therefore, to ensure that we are able to utilise the system to its optimum we have devised a policy that provides maximum use of the facility whilst ensuring compliance with the legislation throughout.

2. Internet

Where appropriate, duly authorised staff are encouraged to make use of the Internet as part of their official and professional activities. Attention must be paid to ensuring that published information has relevance to normal professional activities before material is released in the Organisation’s name. Where personal views are expressed a disclaimer stating that this is the case should be clearly added to all correspondence. The intellectual property right and copyright must not be compromised when publishing on the Internet. The availability and variety of information on the Internet has meant that it can be used to obtain material reasonably considered to be offensive. The use of the Internet to access and/or distribute any kind of offensive material, or material that is not work-related, leaves an individual liable to disciplinary action which could lead to dismissal.

B) THE HAMMERSMITH AND FULHAM MENCAP WEBSITE

It is an offence to post defamatory, obscene or otherwise offensive information or images on this website

C) CONFIDENTIALITY AND SECURITY

1. All information relating to our clients and business operations are confidential.

2. Electronic information must be treated with the same care as paper based information that is confidential. All such information must be kept secure and used only for the purpose intended and should not be disclosed to any unauthorised third party.

3. Breaches of confidentiality can occur as a result of inappropriate handling of information or messages being inadvertently sent to external sources. The nature of email is such, that users should never assume the privacy or confidentiality of messages.

D) UNACCEPTABLE USE OF THE INTERNET

1. The user will be considered to be in breach of this policy if they:

Download, store or transmit any images or pages which are considered offensive, libellous, defamatory or obscene including but not limited to, pornography, racist, terrorist, anarchic, insulting, homophobic and sexist materials.

Download, store or transmit images or pages that are intended to harass, intimidate, persecute, terrorise or bully other users relating to but not limited to gender, race, sexual orientation, religion, disability or other similar issues (including jokes)

Issue 2

INTERNET AND EMAIL POLICY

24

Take part or aid and abet any criminal action including (but not limited to) offences under the following acts: the Data Protection Act 1998, the Human Rights Act 1998, Computer Misuse Act 1990, Copyright, Design and Patents Act 1998, the Obscene Publications Act 1959, Equal Opportunities Law, Protection from Harassment Act 1997.

Uploading, downloading or transmitting commercial software or copyright material without the owner’s permission in violation of its copyright.

Intentionally interfere with the normal operation of H & F Mencap’s network including deliberately spreading computer virus’s, worm’s Trojan horses or programmes that create trap doors or sustain high volume network traffic that substantially hinders others in their use of the network.

Disable or overload the network or attempt to disable, defeat or circumvent any system intended to protect the privacy or security of other users.

Connect the modem to a computer owned by H & F Mencap in order to connect to an external internet service provider or change the configuration of existing software

Download and distribute pirated software or data or upload software licensed to H & F Mencap.

Upload sensitive, personal or confidential data owned by H & F Mencap.

Download entertainment software or play games with others over the internet, gamble, financial markets or sports scores.

Access newsgroups that are not work-related or participate in discussions that are politically sensitive or controversial or give advice or information that they know to be contrary to H & F Mencap’s policies and interests.

Operate a business or participate in any pursuit geared to personal gain for themselves or an associate.

Enter into any contractual arrangement by using H & F Mencap’s email address.

Circulate material to others that is not business related including chain letters. Business opportunities, jokes, electronic greeting cards, executable files.

Transmit unsolicited commercial or advertising material.

Download and install software from the internet onto H & F Mencap’s system.

Any other uses of the internet that may be identified as inappropriate by H & F Mencap.

E) USE OF EMAIL

1. All authorised employees will have access to email and will be provided with an email address for correspondence.

2. Employees email address should be used only for business purposes.

3. If an employee has a web based personal email, then they are permitted to access their personal account no more than once a day to check their messages.

Issue 225

F) UACCEPTABLE USE OF EMAIL

Transmit, retrieve or store any messages or attachments that contain offensive, libellous, defamatory or obscene including but not limited to, pornography, racist, terrorist, anarchic, insulting, homophobic and sexist material

Transmit messages that are intended to harass, intimidate, persecute, terrorise or bully other users relating to but not limited to gender, race, sexual orientation, religion, disability or other similar issues (including jokes)

Deliberately corrupt, modify or erase data or programme by the introduction of a virus infected attachment to email message. This is an offence under the Computer Misuse Act 1990.

Promote personal views that are detrimental to H & F Mencap

Operate a business or participate in any pursuit geared to personal gain for themselves or an associate.

Use the computer facilities, including email access, such that it wastes resources including employee time, denial of service, global mailings etc.

Take part or aid and abet any criminal action including (but not limited to) offences under the following acts: the Data Protection Act 1998, the Human Rights Act 1998, Computer Misuse Act 1990, Copyright, Design and Patents Act 1998, the Obscene Publications Act 1959, Equal Opportunities Law, Protection from Harassment Act 1997, etc

Send email or other electronic communications which hide the identity of the sender as someone else.

Register/lodge a H & F Mencap address that will invite the ad hoc external emailing of information that is not relevant to H & F Mencap

Transmit sensitive, personal or confidential information without suitable safeguards such as encryption, or suitable password protection.

Send personal information to countries outside the EU without the agreement of H & F Mencap

Failure to report to the management of H & F Mencap any abuse of the system that an employee may become aware of.

Users must not disclose their passwords to others or permit others to use their email accounts

Enter into any contractual arrangements by using H & F Mencap’s email address.

Transmit unsolicited commercial or advertising material

Corrupt or destroy other user’s data or violate their privacy

Introduce unauthorised software on to the H & F Mencap system via an email.

G) BREACH OF THE INTERNET AND EMAIL POLICIES

1. Failure to adhere to this policy will be considered to be a serious disciplinary offence and will be dealt with in accordance with H & F Mencap’s disciplinary procedures, which could lead to termination of employment.

Issue 226

2. Breach of the policy could also lead to criminal or civil action if illegal material is involved or legislation is contravened. H & F Mencap will not hesitate to report any activities which it believes may be illegal to the relevant authorities.

H) SOCIAL NETWORKING

Any work related issue or material that could identify an individual who is a service user or work colleague, which could adversely affect the Organisation, a service user or our relationship with any service user must not be placed on a social networking site. This means that work related matters must not be placed on any such site at any time either during or outside of working hours and includes access via any computer equipment, mobile phone or PDA.

I) Monitoring

1. H & F Mencap reserves the right to monitor internet use to log which websites are be used and by whom.

2. Users should not expect the use of the internet, content of files, pages or downloads to be private. All usage will be monitored as required to ensure that users are complying with the requirements of this policy and no abuse is taking place.

3. H & F Mencap does not read email as a matter of course, however, if misuse is suspected which contravenes this policy or H & F Mencap deems it to represent a threat to the security of its systems, then H & F Mencap reserves the right to inspect the content of any messages without authorisation from or notification to the sender and/or recipient.

4. It should be noted that email messages constitute H & F Mencap records and as such may be stored and accessed at any time, without notice to ensure that no misuse is taking place and users and complying with the requirements of this policy.

5. All transmissions, including email will be virus checked.

6. Users who receive email which they regard as being offensive, sexually explicitly, potentially illegal or which otherwise appears to contravene the H & F Mencap policy must report this immediately to their Line Manager/Director. Staff must also inform the sender (if known to them) to stop sending unsolicited email falling into this category.

The Organisation reserves the right to monitor all incoming and outgoing emails, internet usage and any other activity on our computers.

Issue 227

A) WASTAGE

1. We maintain a policy of “minimum waste” which is essential to the cost-effective and efficient running of our organisation.

2. You are able to promote this policy by taking extra care during your normal duties by avoiding unnecessary or extravagant use of services, time, energy, etc. The following points are illustrations of this:-

a. handle machines, equipment and stock with care;

b. turn off any unnecessary lighting and heating. Keep doors closed whenever possible;

c. ask for other work if your job has come to a standstill; and

d. start with the minimum of delay after arriving for work and after breaks.

3. The following provision is an express written term of your contract of employment:-

a. any damage to property (including non-statutory safety equipment) that is the result of your carelessness, negligence or deliberate vandalism will render you liable to pay the full or part of the cost of repair or replacement;

b. any loss to us that is the result of your failure to observe rules, procedures or instruction, or is as a result of your negligent behaviour or your unsatisfactory standards of work will render you liable to reimburse to us the full or part of the cost of the loss; and

4. In the event of failure to pay, we have the contractual right to deduct such costs from your pay.

B) STANDARDS OF DRESS

As you are liable to come into contact with customers and members of the public, it is important that you present a professional image with regard to appearance and standards of dress, you should wear clothes appropriate to your job responsibilities, and they should be kept clean and tidy at all times.

C) HOUSEKEEPING

Both from the point of view of safety and of appearance, work areas must be kept clean and tidy at all times.

Issue 2

STANDARDS

28

A) SAFETY

1. You should make yourself familiar with our Health and Safety Policy and your own health and safety duties and responsibilities, as shown separately.

2. You must not take any action that could threaten the health or safety of yourself, other employees, customers or members of the public.

3. Protective clothing and other equipment which may be issued for your protection because of the nature of your job must be worn and used at all appropriate times. Failure to do so could be a contravention of your health and safety responsibilities. Once issued, this protective wear/equipment is your responsibility.

4. You should report all accidents and injuries at work, no matter how minor, in the accident book that can be found in the office.

5. You must ensure that you are aware of our fire and evacuation procedures and the action you should take in the event of such an emergency.

B) REFRESHMENT MAKING FACILITIES

We provide refreshment making facilities for your use, which must be kept clean and tidy at all times.

C) ALCOHOL & DRUGS POLICY

Under legislation we, as your employer, have a duty to ensure so far as is reasonably practicable, the health and safety and welfare at work of all our employees and similarly you have a responsibility to yourself and your colleagues. The use of alcohol and drugs may impair the safe and efficient running of the business and/or the health and safety of our employees.

If your performance or attendance at work is affected as a result of alcohol or drugs, or we believe you have been involved in any drug related action/offence, you may be subject to disciplinary action and, dependent on the circumstances, this may lead to your dismissal.

D) HYGIENE

Any exposed cut or burn must be covered with a first-aid dressing.

If you are suffering from an infectious or contagious disease or illness such as rubella or hepatitis you must not report for work without clearance from your own doctor.

Contact with any person suffering from an infectious or contagious disease must be reported before commencing work.

E) SMOKING POLICY

1. INTRODUCTION

The aim of this policy is to outline H & F Mencap’s smoke-free policy and ensure that all H & F Mencap workplaces meet the requirements of the laws on smoking. Where this policy uses the word “smoking”, this means all tobacco and tobacco-related products e.g. cigarettes, cigars, pipes, herbal/menthol cigarettes.

This is a policy for H & F Mencap employees but will also apply to all visitors, members, contractors and volunteers in H & F Mencap workplaces and vehicles.

Issue 2

HEALTH, SAFETY, WELFARE AND HYGIENE

29

2. BACKGROUND - THE LEGAL FRAMEWORK

The Health Act 2006 outlined the Government’s intentions to make all enclosed public places smoke-free. The aim of the legislation is to protect workers and the general public from the harmful effects of second-hand smoke.

The smoke-free regulations tell businesses and employers like H & F Mencap what they need to do to meet the requirements of the law.

3. OUR POLICY

The following places will be kept smoke-free at all times: offices, residential homes (excepting any designated smoking rooms), venues used by service users, vehicles, other shared vehicles driven during the course of work e.g. house or college vehicles and any other premises covered by the smoke-free regulations.

You may not smoke when you are on duty except during agreed smoking breaks. This includes occasions when you are representing H & F Mencap at a meeting, on training courses or at a conference when you may only smoke during any agreed breaks.

You may take a short smoking break where circumstances allow and it is agreed by your Line Manager of your workplace. A smoking break should last no longer than it takes to smoke a cigarette and should not exceed 10 minutes. Where agreed, you may take up to two short smoking breaks during a 7.5 hour day/shift.

Smoking breaks should not be taken in front of service users and must be outside of the work place in an area agreed by your Line Manager of your workplace. However the needs of service users are paramount and vulnerable people should not be left alone inappropriately. Where you wish to take smoking breaks you should make sure that you continue to work your contracted hours e.g. taking a shorter lunch break (where allocated) or making up any time at the start or end of a shift/day.

Issue 230

GENERAL TERMS OF EMPLOYMENT, INFORMATION AND PROCEDURES

A) CHANGES IN PERSONAL DETAILS

You must notify us of any change of name, address, telephone number, etc., so that we can maintain accurate information on our records and make contact with you in an emergency, if necessary, outside normal working hours.

B) OTHER EMPLOYMENT

If you already have any other employment or are considering any additional employment you must notify us so that we can discuss any implications arising from the current working time legislation.

C) TIME OFF

Circumstances may arise where you need time off for medical/dental appointments, or for other reasons. Where possible, such appointments should be made outside normal working hours. If this is not possible, time off required for these purposes may be granted at the discretion of your Line Manager and will normally be without pay, or you must make the time up.

D) TIME OFF IN LIEU

1. H & F Mencap takes the health and safety of all of our employees seriously. Excessive working hours are not encouraged and are not always productive. You should aim to complete your work within your contracted working hours. H & F Mencap is committed to good employment practice and ensuring that your health and safety is not compromised. It recognises that long working hours do not always equate with productivity. H & F Mencap therefore does not encourage you to work excessive hours and aims to implement policies to support this.

2. It is however recognised that on occasions - e.g. to organise a special event, deal with or cover for an emergency or to implement a time critical initiative - it may be necessary you to work significantly more than your contracted hours. Under these circumstances it may be appropriate for you to be granted time off in lieu (TOIL). TOIL is not normally granted for reasonable work related travel or overnight stays unless there are exceptional circumstances.

3. Where TOIL is granted it should normally be for equivalent time and be taken within one month of the extra hours being worked. TOIL may not be accrued instead of taking a contractual lunch break as all staff should be encouraged to take a break of at least 30 minutes in order to eat and take exercise. All TOIL, to be accrued or taken, must be agreed in advance by your Line Manager. Unless your job requires you to work weekends or evenings on a regular basis, you should not normally accrue and take more than one working day of TOIL per month.

4. If you are an office based employee and your responsibilities do involve working weekends or evenings on a regular basis, it may be appropriate for your Line Manager to have more formal arrangements in place to monitor your working hours to ensure that excessive hours are not worked.

E) TIME OFF FOR DEPENDANTS

1. All employees, irrespective of length of service, have the right to take time off to deal with an unexpected incident or problem involving a dependant and to make any necessary longer-term arrangements.

Issue 231

2. A dependant is the husband, wife, civil partner, child or parent of the employee. It also includes someone who lives in the same household as the employee. For example, this could be a partner or an elderly aunt or grandparent who lives in the household. It does not include tenants or boarders living in the family home.

3. In cases of illness or injury, or where care arrangements break down, a dependant may also be someone who reasonably relies on the employee for assistance. This may be where the employee is the primary carer or is the only person who can help in an emergency; for example, an aunt who lives nearby who the employee looks after outside work falls ill unexpectedly.

An employee can take time off in the following circumstances:

Where a dependant falls ill, or has been injured or assaulted Where a dependant is having a baby To make long-term arrangements for a dependant who is ill or injured To deal with an unexpected disruption or breakdown of care arrangements for a

dependant To deal with an unexpected incident involving the employee’s child during school

hours

4. There is no legal right for the above time off to be paid. However, H & F Mencap will allow employees to take the time as ‘time off in lieu’ (TOIL), annual leave or an agreement can be made to make-up the time or take unpaid leave. The employee is entitled to take a reasonable amount of time off and this will vary according to the circumstances of the emergency.

5. For most cases, one or two days should be sufficient to deal with the problem. For example, if a child falls ill with chickenpox, the leave should be enough to help the employee cope with the crisis – to deal with the immediate care of the child, visiting the doctor if necessary, and to make longer term care arrangements. The employee is not entitled to take two weeks leave to look after a sick child.

6. The right is intended to cover genuine emergencies. Employees must tell their Line Manager, as soon as practicable, the reason for their absence and how long they expect to be away from work. Time off for dependents is generally for unforeseen matters. If employees know in advance that they are going to need time off, they should ask for leave in the usual way. This may involve someone taking annual leave or some other form of leave such as parental leave.

F) TRAVEL EXPENSES

We will reimburse you for any reasonable expenses incurred whilst travelling on our business. The rules relating to travelling expenses will be issued separately. You must provide receipts for any expenditure.

G) EMPLOYEES’ PROPERTY

We do not accept liability for any loss of, or damage to, property that you bring onto the premises. You are requested not to bring personal items of value onto the premises and, in particular, not to leave any items overnight.

H) MAIL

All mail received by us will be opened, including that addressed to employees. Private mail, therefore, should not be sent care of our address. No private mail may be posted at our expense except in those cases where a formal re-charge arrangement has been made.

Issue 232

I) FRIENDS AND RELATIVES CONTACT/TELEPHONE CALLS/MOBILE PHONES

You should discourage your friends and relatives from either calling on you in person or by telephone except in an emergency. Incoming personal telephone calls are allowed only in the case of emergency. Outgoing personal calls can only be made with the prior permission of your Line Manager.

Personal mobile phone use should be kept to a minimum during working hours.

It is illegal to use a mobile phone without a hands-free set whilst driving. It is our policy that you should not use any mobile phone whilst driving. You should pull over to the side of the road in an appropriate place before making or receiving any telephone calls. In the event of being unable to pick up a call because you cannot find a safe place to park, you must return the call as soon as conveniently possible.

J) BUYING OR SELLING OF GOODS

You are not allowed to buy or sell goods on your own behalf on our premises or during your working hours.

K) SERVICE USER RELATIONS

Our business involves the provision of services to service users and some of our employees are employed to perform work on behalf of those service users, sometimes on the service user’s own premises. Because of this relationship, our service may, on rare occasions, require that such an employee be removed from a job in accordance with their contract with us. In such circumstances we will investigate the reasons for such requests. However, if our service user maintains their stance we will then take all reasonable steps to ensure that alternative work is provided. If this is not possible we may have no alternative but to terminate such an individual’s employment. This procedure is separate from any concurrent disciplinary matter that may need to be addressed.

L) COURT APPEARANCES

1. JURY SERVICE

a. If employees are required to attend court to undertake jury service, H & F Mencap will usually be bound to allow them to go, although a case can be made to defer service if the dates will cause a particular problem. Where an employee has been called to attend jury service, they should not normally be required to attend work at any time during this period. Where an employee works on a rota basis – this will usually mean that they are removed from the rota for the duration of the jury service. However, if for any reason an employee is released early from jury service, either for the day or if the period of jury service ends earlier than expected, they should notify their Line Manager as soon as possible and, where feasible, arrange to return to work.

b. H & F Mencap has no legal obligation to pay employees during jury service. Employees can and should claim for loss of earnings directly from the court. Employees should notify their Line Manager of the amount received from the Court in respect of loss of earnings. The Line Manager should then notify the Payroll department so that this amount can be deducted from the employee’s salary. Payment by the Court for travel and subsistence will be excluded from the payroll deduction.

c. Payroll will not cease paying an employee on jury service as it would be unfair for them to have disruption to their pay but they will deduct monies paid by the Court on receipt of the loss of earnings form from the employee or their Line Manager. Employees who do not notify their Line Manager or payroll of the receipt of loss of earnings as a result of jury service may be subject to disciplinary action.

Issue 233

2. ATTENDING COURT AS A WITNESS

Such requests for time off should usually be granted as special leave with pay.

3. ATTENDING COURT AS A DEFENDANT OR PLAINTIFF

The rules are much the same whether the individual is the defendant or the plaintiff in proceedings. Time off should be granted in these cases but there is no obligation for H & F Mencap to pay for such time off and it should be taken as annual leave or TOIL, or, where an employee has no such leave, as special leave without pay.

M) MARRIAGE AND CIVIL PARTNERSHIPS

Employees will be granted one day’s special leave with pay for the day of their actual wedding or civil partnership.

N) TIME OFF FOR RELIGIOUS OBSERVANCE

Where possible, employees should be granted time off for major religious festivals but they will be expected to take annual leave, TOIL or make up the time. Employees should give their Line Manager as much notice as possible of such time off that is required. Where employees work on a rota, Line Managers should seek to arrange rotas so that employees are not on duty during their religious festivals wherever possible.

O) TIME OFF FOR PUBLIC DUTIES

H & F Mencap is obliged to grant time off to an employee who is:

a justice of the peace a member of a local authority a member of any statutory tribunal a member of a health authority, health board or hospital trust a member of the governing body of an educational establishment

The employee, or the authority concerned, should be able to give a reasonable estimate of the amount of time off that the person will need. Special paid leave of up to 5 days per year may be granted in these instances but any time off required for this purpose over and above this should be taken as TOIL or annual leave.

All special leave will be unpaid in circumstances where the employee receives remuneration for the public duties.

P) SERVICE IN NON-REGULAR FORCES

Time off will be granted, where possible, for Territorial Army or Auxiliary Forces duty or training. The Territorial Army and Volunteer Reserve Units can normally offer alternative dates for training, should it not be possible to grant the employee leave on the dates originally proposed.

Q) PRESENTATION OF DEGREES

Employees may be granted one day’s special leave with pay to attend University to receive their degree.

R) PETTY CASH

The petty cash float held in the offices may not be borrowed from and should never be used to make cash payments to casual staff unless specifically agreed to the contrary.

Issue 234

S) PERSONAL VEHICLES

Where your own vehicle is used for H & F Mencap business, regardless of whether you claim reimbursement of petrol costs for this, you must ensure that your insurance policy is valid and includes cover for such business use. You must also have a current MOT, road tax and valid current driving licence.

T) GIFTS

In order to maintain the integrity of both yourself and the Organisation, any gifts, benefits or invitations to subsidised events, etc. must be disclosed to the line manager. You should not accept any high value gifts or invitations without prior authorisation.

Issue 235

A. INTRODUCTION

H & F Mencap recognises that there are occasions when individuals need to be supported when they have to cope with situations when their family circumstances have to take priority over work. The Compassionate Leave Policy addresses this need and represents an integral part of our commitment to being an employer of choice.

B) EXISTING RIGHT TO TIME OFF

1. Employees have a legal right to take unpaid time off to deal with certain unexpected or sudden emergencies and to make any necessary long-term arrangements. This right covers situations where a dependant:

falls ill, or has been injured or assaulted;

is having a baby;

needs long-term care arrangements to be made;

dies; or

has an unexpected breakdown or disruption to their care arrangements.

The right also covers unexpected incidents involving the employee’s child during school hours. The legal right to unpaid time off is supplemented by H & F Mencap’s provisions on Special Leave which allows up to 3 days paid leave to be granted in cases of emergency.

C) BEREAVEMENT LEAVE

Three days paid leave should be granted in the case of a bereavement of a husband, wife or partner, parent or parent figure, father-in-law or mother-in-law, sister, brother, or child. In the case of any other family member 1 day’s paid leave to attend the funeral should be allowed.

D) WHAT IS COMPASSIONATE LEAVE?

1. Compassionate Leave extends the provisions that exist to deal with an immediate crisis or family incident to situations where longer-term support is required. Compassionate Leave may be granted in the case of bereavement, or serious illness which requires the employee to devote their time to the long-term care of a dependant.

2. Compassionate Leave should be managed with sensitivity, but contact should be maintained with the employee on a regular basis. Should the employee go into half pay, a meeting will need to be arranged to discuss the likelihood of returning to work, and options available. These might include:

Phased return to work Voluntary reduced working time Permanent change to working pattern Career break Home working

If an early return to work does not appear likely then the individual should be informed that failure to return to work could ultimately put their employment with H & F Mencap at risk and lead to the termination of their employment. A further meeting to discuss options will need to be arranged towards the end of their sick pay entitlement.

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COMPASSIONATE LEAVE POLICY

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E) WHO COUNTS AS A DEPENDENT?

A dependant is the husband, wife or partner, parent or parent figure, father or mother-in-law, sister, brother, or child of the employee. It also includes someone who lives in the same household as a member of the family. For example, this could be an elderly aunt or grandparent who lives in the household. It does not include tenants or boarders living in the family home, or someone who lives in the household as an employee, such as a live-in housekeeper.

A dependant may also be someone who reasonably relies on the employee for assistance where the employee is the primary carer, for example, an aunt who lives nearby.

F) PROCEDURE

1. Any individual wishing to take Compassionate Leave must seek approval from their Line Manager who will liaise with the Director. A Compassionate Leave form must be completed indicating the reason for the request and anticipated time off work required.

2. Although some requests for Compassionate Leave may be planned and the Line Manager

and employee are able to complete the form together, other requests, particularly those involving bereavements, will be unplanned. In these circumstances the Line Manager should complete the form by themselves more than likely in response to a telephone conversation. It may be appropriate to explore other options, for example, reducing working hours or flexible working, prior to approving Compassionate Leave.

3. Payroll/Admin Support will need to be kept informed about any Compassionate Leave that is granted in order to enable the necessary adjustments to the employee’s sick pay entitlement to be made. Should any employees move into half pay as a result of being on Compassionate Leave an appropriately worded letter should be sent.

4. Throughout the leave period, communication between employee and Line Manager is key. The Line Manager must ensure that the individual is kept updated with any developments and opportunities at work. This should also make the transition back to work smoother.

Issue 237

A. MATERNITY LEAVE

Regardless of your length of service, you may take 52 weeks’ maternity leave. The first 26 weeks are referred to as Ordinary Maternity Leave (OML); the second 26 weeks are referred to as Additional Maternity Leave (AML)

B) MATERITY PAY

1. If you have 26 weeks’ or more continuous service by 15 weeks before your baby is due and earn at least enough to pay national insurance, you will normally receive Statutory Maternity Pay (SMP) for 39 weeks. SMP is paid at the following rates:

the first 6 weeks will be paid at 90% of your average weekly earnings. the remaining 33 weeks will be paid at a rate agreed annually by the Government, or

90% of your average weekly earnings, whichever is the lower amount.

Statutory Maternity Pay is subject to tax and National Insurance deductions and is paid at the same time as you would normally receive your monthly salary. You may continue working right up to the day your baby is born and still retain your full SMP entitlement.

SMP will be paid to you, regardless of whether you plan to return to work for Mencap.

2. If you are not eligible for Statutory Maternity Pay

a. If you have less than 26 weeks’ service with H & F Mencap, at the end of the 15th week before the week your baby is due, you will not be eligible for Statutory Maternity Pay.

You may also not be eligible for SMP if your earnings are low, even if you have 26 weeks’ service. If you are not eligible for SMP, the Payroll Administration Department will give you the form SMP1, which will explain why you are not eligible.

If you are not eligible for Statutory Maternity Pay, you may be eligible for Maternity Allowance from your local Jobcentre Plus / Department of Work & Pensions office.

C) NOTICE OF INTENTION TO TAKE MATERNITY LEAVE

1. You must notify your Line Manager in writing of your intention to take maternity leave, no later than the end of the 15th week before your baby is due, unless this is not reasonably practicable. You need to state:

That you are pregnant

When your baby is due – you will need a medical certificate (normally form MATB1) in order to show this

When you want your maternity leave and Statutory Maternity Pay to start.

You may change your mind about when you want to start your leave providing you inform your Line Manager at least 28 days in advance (unless this is not reasonably practicable, in which case, your notification must be as soon as is reasonably practicable).

Your Line Manager will respond to your notification within 28 days. They will also confirm the date your maternity leave will end. If you change your mind you must give 8 weeks’ notice of the change and we may postpone your return (although this cannot go past the end of the 52 week period.)

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MATERNITY LEAVE POLICY

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D) EARLIEST DUE TO START MATERNITY LEAVE

The earliest date you can start your maternity leave is the beginning of the 11th week before your baby is due. The maternity pay period will start on the day following your last day at work.

E) LATEST DUE TO START MATERNITY LEAVE

The latest date your maternity leave and pay can begin is the day that follows the day on which childbirth occurs.

F) COMPULSORY MATERNERNITY LEAVE

Your maternity leave must include a period of 2 weeks’ compulsory leave. These 2 weeks must occur after childbirth. If childbirth takes place before the date when the leave would begin then the leave period begins automatically on the date of birth.

G) STILLBIRTHS AFTER 24 WEEKS

If your baby is stillborn at 24 weeks or later, you are still entitled to maternity leave and pay.

H) TIME OFF FOR ATENATAL CARE

1. You are entitled to paid time off to keep appointments for antenatal care made on the advice of a registered medical practitioner, registered midwife or registered health visitor. Antenatal care is not restricted to medical examinations, for example it could include relaxation classes and parentcraft classes as long as these are advised by a registered medical practitioner, registered midwife or registered health visitor.

2. Except in the case of your first appointment, you must show your Line Manager:

a certificate from a registered medical practitioner, registered midwife or registered health visitor, confirming you are pregnant

an appointment card or some other document showing that an appointment has been made.

You should give your Line Manager as much notice as possible of antenatal appointments.

I) SICKNESS TRIGGER

Your maternity leave will start automatically if you are absent from work for a pregnancy related illness during the four weeks before the start of your expected week of childbirth, regardless of when you have said you actually want your maternity leave to start.

In this case, your SMP will start the day after the first day of absence from work for a pregnancy-related reason.

J) RETURNING TO WORK AFTER MATERNITY LEAVE

1. If you plan to return to work at the end of your full maternity leave entitlement, you need give no further notification to H & F Mencap. However, if you plan to return before the end of your full maternity entitlement, you must give your Line Manager at least 8 weeks’ notice of the earlier date. If you wish to change the date of your early return to a later date you must also give at least 8 weeks’ notice. This cannot go beyond the end of your full maternity entitlement.

2. If you fail to give 8 weeks’ notice, H & F Mencap has the right to postpone your return until 28 days’ notice has been given, but we may not postpone your return to a later date than the end of your full maternity entitlement.

Issue 239

3. If you are unable to attend work at the end of your ordinary or additional maternity leave due to sickness, the H & F Mencap sickness absence policy will apply and you should follow the notification arrangements in that policy.

K) RIGHTS AFTER RETURN TO WORK FROM MATERNITY LEAVE

1. When you return after either Ordinary or Additional Maternity Leave, you have the right to return to your same job on the same terms and conditions, as if you had not been away, unless a redundancy situation has arisen.

2. However, if there is some reason other than redundancy why it is not reasonably practicable for H & F Mencap to take you back to your original job after additional maternity leave, you have the right to a similar job on terms and conditions which are no less favourable than your original job.

L) IF YOU PLAN TO RESIGN BEFORE TAKING MATERNITY LEAVE

If you do not intend to take maternity leave, but to resign, you should do so in accordance with the notice requirements in your contract of employment. Whilst your employment relationship with H & F Mencap will cease, any SMP payable to you will still be paid. In order to qualify for SMP, you need to inform you Line Manager at least 28 days before the date you expect your SMP to start, and provide medical evidence of pregnancy (normally via form MATB1).

M) IF YOU PLAN TO RESIG DURING THE PERIOD OF YOUR MATERNITY LEAVE

If, during the period of your ordinary or additional maternity leave, you decide you no longer wish to return to work, you must resign in accordance with the notice requirements in your contract of employment.

N) KEEPING IN TOUCH DURING THE PERIOD OF YOUR MATERNITY LEAVE

Your Line Manager will normally keep in touch with you periodically during your maternity leave. This will allow you to keep updated on workplace developments.

O) KEEPING IN TOUCH DAYS

1. You may agree with your Line Manager to work for up to 10 days’ during your maternity leave without bringing your leave to an end. There is no requirement on you to work nor is H & F Mencap obliged to provide you with work.

2. These keeping in touch days may not be taken during the 2 weeks immediately following the birth of your baby. You will be paid at your daily rate of pay or daily rate of SMP, whichever is greater.

P) CAR ALLOWANCE DURING MATERNITY LEAVE

If you receive a car allowance, you will continue to receive this during both your ordinary and additional maternity leave.

Q) ACCRUAL OF ANNUAL LEAVE

1. You will continue to accrue annual leave at your usual rate of entitlement, during your ordinary and additional maternity leave. You cannot take annual leave during your maternity leave, but, subject to normal arrangements with your Line Manager, you can take annual leave immediately before or after maternity leave.

Issue 240

2. You should note that H & F Mencap's normal rules are that annual leave cannot be carried over from one year to the next, apart from up to 5 days that must be taken by 31 January of the following year. For employees who joined after 1 September 2010 this will be the month following the end of your leave year. You should therefore make arrangements to take all of your annual leave (apart from the 5 days that can be carried either before or after your maternity leave).

3. If your annual leave cannot be accommodated at a certain time of the year, it may be possible to carry over more than 5 days in special circumstances at the discretion of your Line Manager.

R) OTHER SERVICE RELATED BENEFITS

Any increase in annual leave, sick pay eligibility or salary which would have applied if you had been continuously at work, will apply on your return to work.

S) OTHER RIGHTS FOR PARENTS

1. You have the right to take unpaid parental leave. Some of this parental leave may be taken immediately after your maternity leave. For more information, see the policy on unpaid parental leave. For more information, please see the policy on unpaid parental leave. You may wish to consider a career break. For further details, please see Mencap’s career break policy.

2. You have a right to request flexible working patterns on return to work. For further information, please see H & F Mencap’s flexible working policy.

Issue 241

A. INTRODUCTION

This policy provides information on paternity leave and pay. Eligible employees have the right to take paid leave to care for the baby or support the mother or adopter. You can take one week or two weeks’ consecutive ‘ordinary’ paternity leave and during this time may be entitled to Statutory Paternity Pay.

If you wish, you may take an additional 50 weeks’ ‘additional’ unpaid paternity leave.

B) ELIGIBILITY

1. You will need to satisfy the following conditions in order to qualify for paternity leave and pay you must:

Have or expect to have responsibility for the child’s upbringing

Be the biological father of the child; or the mother’s husband or partner; or be the adopter’s spouse or partner

Have worked continuously for H & F Mencap for 26 weeks leading into the 15th week before the week the baby is expected; or 26 weeks leading into the week in which the adopter is notified of being matched with a child for adoption

Be taking time off to support the mother or adopter, or to care for the new baby

You are still entitled to paid leave if the baby is stillborn after 24 weeks of pregnancy

You may not take paternity leave (adoption) AND the longer ‘adoption leave’ (see Adoption Leave Policy).

C) LENGTH OF ORDINARY PATERNITY LEAVE (BIRTH)

1. You may choose to take either one week or two consecutive weeks’ leave. You cannot take odd days and you cannot take two separate weeks. You can start your leave:

on the date of the baby’s birth (whether this is earlier or later than expected); or

on a date after the baby’s birth (whether this is earlier or later than expected); or

from a chosen date as notified to your Line Manager which falls after the first day of the expected week of childbirth

2. If the baby is not born by the date you have chosen, then you need to specify another date and give your Line Manager as much notice as possible. Leave can start on any day of the week on or following the baby’s birth but must be completed:

within 56 days of the actual date of birth of the baby, or

if the baby is born early, within the period from the actual date of birth up to 56 days after the expected week of birth.

Only one period of leave will be available to you irrespective of whether more than one baby is born as the result of the same pregnancy.

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PATERNITY LEAVE POLICY

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D) LENGTH OF ORDINARY PATERNITY LEAVE (ADOPTION)

1. You may choose to take either one week or two consecutive weeks’ leave. You cannot take odd days and you cannot take two separate weeks. Paternity leave can begin any time from the date of the child’s placement. You can start your leave:

from the date of the child’s placement (whether this is earlier or later than expected), or

from a chosen number of days or week after the date of the child’s placement (whether this is earlier or later than expected), or

from a date after the expected date of placement.

2. Leave can start on any day of the week on or following the child’s placement but must be taken within 56 days of this date. Only one period of leave will be available to you irrespective of whether more than one child is placed together.

E) PATERNITY PAY

1. During your ordinary paternity leave, most employees will be entitled to payment from H & F Mencap.

a. First week of Ordinary Paternity Leave

You will be entitled to your full salary for the first week.

b. Second week of Ordinary Paternity Leave

You will be entitled to SPP (Statutory Paternity Pay) if you take a second week, provided that your average weekly earnings are above the Lower Earnings Limit for National Insurance purposes.

2. If you have average weekly earnings below the Lower Earnings Limit for National Insurance purposes, you will not qualify for SPP but you will be notified of this. If you do not qualify for SPP, or if you are normally low-paid, you may be able to get Income Support while on paternity leave. Additional financial support may be available through Housing Benefit, Council Tax Benefit, Tax Credits or a Sure Start Maternity Grant. Further information is available from your local Jobcentre Plus office or Social Security office.

3. SPP is paid at a weekly rate agreed annually by the Government, or 9/10 of your full salary, whichever is lower. Statutory paternity pay can start on any day of the week. It will be paid at the end of each month, in the same way as you would normally receive your salary.

4. If your contract ends after the baby is born, you will still be entitled to SPP for up to two weeks, but you will not be entitled to your full salary for the first week.

F) NOTICE OF INTENTION TO TAKE ORDIARY PATERNITY LEAVE (BIRTH)

1. You must tell your Line Manager of your intention to take ordinary paternity leave by the fifteenth week before the baby is expected, unless this is not reasonably practicable. You will need to tell your Line Manager:

the week the baby is due

whether you wish to take one or two weeks’ leave

when you want your leave to start.

Issue 243

You must enclose with your letter a self-certificate of paternity, as evidence of your entitlement to ordinary paternity leave and SPP. The certificate you will need to use is attached to this policy.

2. You will be able to change your mind about the date on which you want your leave to start, providing you tell your Line Manager at least 28 days in advance (unless this is not reasonably practicable). You will also have to tell your Line Manager the date you expect any payments of paternity pay to start at least 28 days in advance, unless this is not reasonably practicable.

G) NOTICE OF INTENTION TO TAKE ORDINARY PATERNITY LEAVE (ADOPTION)

1. You must inform your Line Manager in writing of your intention to take ordinary paternity leave within seven days of the adopter being notified by their adoption agency that they have been matched with a child, unless this is not reasonably practicable. You will need to tell your Line Manager:

when the child is expected to be placed

whether you wish to take one or two weeks’ leave

when you want the leave to start.

You must enclose with your letter a self-certificate of paternity (adoption), as evidence of your entitlement to ordinary paternity leave and SPP. The certificate you will need to use is attached to this policy.

2. You will be able to change your mind about the date on which you want your leave to start providing you tell your Line Manager 28 days in advance (unless this is not reasonably practicable). You will also have to tell your Line Manager the date you expect any payments of SPP to start at least 28 days in advance, unless this is not reasonably practicable.

H) RETENTION OF MENCAP VEHICLES DURING PATERNITY LEAVE

If you are eligible for a Mencap vehicle, you may retain it during your ordinary paternity leave.

I) PENSION SCHEME MEMBERSHIP DURING PATERNITY LEAVE

Membership of the pension scheme will continue during your ordinary paternity leave. Your pension contributions will be based on the amount of Statutory Paternity Pay, which is being paid to you.

J) ACCRUAL OF ANNUAL LEAVE

You will continue to accrue annual leave during your ordinary paternity leave.

K) OTHER SERVICE RELATED BENEFITS

Any increase in annual leave, sick pay eligibility or salary which would have applied if you had been continuously at work, will apply on your return to work from ordinary paternity leave.

L) RETURN TO WORK AFTER ORDINARY PATERITY LEAVE

You are entitled to return to the same job following ordinary paternity leave.

M) ADOPTION LEAVE AND PAY

1. You may extend your paternity leave by up to a further 50 weeks, giving you a maximum of 52 weeks paternity leave in total. These 50 weeks (‘additional paternity leave’) will be unpaid. No terms and conditions or benefits will be given to you during this time.

Issue 244

2. At the end of your additional paternity leave and unless a redundancy situation has arisen, you have the right to return to your old job, or if that is not available, a suitable alternative job.

3. If you would like to apply to take additional paternity leave, you should inform your Line Manager of your wish to do so. You should do this at the same time as you notify your Line Manager of your intention to take ordinary paternity leave. You should indicate the date you intend to return.

4. If, during your additional paternity leave, you decide you want to return to work earlier than the date you originally notified H & F Mencap, you must give H & F Mencap 28 days’ notice of the new date on which you intend to return.

5. H & F Mencap reserves the right to delay your return by up to four weeks, if there are operational reasons for doing so. We may do this, whether you wish to return on the date you originally notified H & F Mencap, or on another date.

Issue 245

A) ADOPTION LEAVE

If you have 26 weeks’ or more continuous service ending with the week in which you are notified of having been matched with a child, you may take up to 52 weeks’ adoption leave.

The first 26 weeks are referred to as Ordinary Adoption Leave; the second 26 weeks are referred to as Additional Adoption Leave.

B) ADOPTION PAY

1. If you have 26 weeks’ or more continuous service ending with the week in which you are notified of having been matched with a child and earn at least enough to pay national insurance, you will normally receive Adoption Pay for 39 weeks. Adoption pay is as follows:

It is paid for 39 weeks, a flat rate agreed by the Government annually or 90% of average weekly earnings, whichever is the lower amount.

Adoption pay is subject to tax and National Insurance deductions and is paid at the same time as you would normally receive your monthly salary. Adoption pay will be paid to you, regardless of whether you plan to return to work for Mencap.

2. If you are not entitled to Statutory Adoption Pay, H & F Mencap will give you form SAP1, explaining why you are not eligible.

B) WHERE COUPLES ARE JOINTLY ADOPTING

A couple can choose which of them will take adoption leave and pay, and the other partner (regardless of gender) may take paternity leave and pay in accordance with H & F Mencap policy.

C) WHEN PAY AND LEAVE CAN START

1. The earliest that adoption leave and SAP can begin is 14 days before the expected date of placement of the child. The latest it can start is on the date of the placement itself. Pay and leave can start on any pre-determined date between these two dates. Leave can start on any day of the week.

2. Only one period of leave will be available, irrespective of whether more than one child is placed for adoption as part of the same arrangement. If the child’s placement ends during the adoption leave period, you will be able to continue adoption leave for up to 8 weeks after the end of the placement.

D) NOTICE OF INTENTION TO TAKE ADOPTION LEAVE AND PAY

1. You must inform the Director of Hammersmith and Fulham Mencap in writing of your intention to take adoption leave no more than 7 days after the day you are notified of having been matched with a child, or as soon as is reasonably practical. You will need to:

state when the child is expected to be placed with you; state when you want your adoption leave and pay to start; and provide a ‘matching certificate’ from your adoption agency, as evidence of your planned

adoption a declaration that you have chosen to receive SAP rather than Statutory Paternity Pay

(SPP)

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ADOPTION LEAVE POLICY

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2. You will be able to change your mind about the date on which you want your leave to start, providing you tell us in writing at least 28 days in advance (unless this is not reasonably practical). You will also have to tell us the date you expect any payments of Statutory Adoption Pay to start at least 28 days in advance, unless this is not reasonably practical.

3. We will respond to your notification of your leave plans within 28 days, we will also confirm the date on which H & F Mencap expects you to return to work if the full entitlement to adoption leave is taken.

E) RETURN TOWORK AFTER ADOPTION LEAVE

1. If you intend to return to work at the end of your full adoption leave entitlement, you will not have to give any further notification to H & F Mencap. If you want to return to work before the end of your adoption leave period, you must give H & F Mencap 8 weeks’ notice of the date you intend to return.

F) RIGHTS AFTER RETURN TO WORK FROM ADOPTION LEAVE

1. When you return after Ordinary Adoption Leave, you have the right to return to your same job on the same terms and conditions, as if you had not been away, unless a redundancy situation has arisen.

2. When you return after Additional Adoption Leave, you have the right to return to your same job on the same terms and conditions, as if you had not been away, unless a redundancy situation has arisen. However, if there is some reason other than redundancy why it is not reasonably practicable for H & F Mencap to take you back to your original job after additional adoption leave, you have the right to a similar job on terms and conditions which are no less favourable than your original job.

G) IF YOU INTEND TO RESIGN BEFORE TAKING ADOPTION LEAVE

If you do not intend to take adoption leave, but to resign, you should resign in accordance with the notice requirements in your contract of employment. Whilst your employment relationship with H & F Mencap will cease, any SAP payable to you will still be paid. In order to qualify for SAP, you need to inform us at least 28 days before the date you expect your SAP to start, and provide a matching certificate from your adoption agency.

H) IF YOU INTEND TO RESIGN DURING THE PERIOD OF YOUR ADOPTION LEAVE

If, during the period of your ordinary or additional adoption leave, you decide you no longer wish to return to work, you must resign in accordance with the notice requirements in your contract of employment.

I) KEEPING IN TOUCH DURING THE PERIOD OF YOUR ADOPTION LEAVE

Your Line Manager will normally keep in touch with you periodically during your adoption leave. This will allow you to keep updated on workplace developments.

J) KEEPING IN TOUCH DAYS

You may agree with your Line Manager to work for up to 10 days’ during your adoption leave without ending your leave. There is no requirement on you to work nor are we obliged to provide you with work. You will be paid at your daily rate of pay or daily rate of SAP whichever is greater.

K) TERMS AND CONDITIONS DURING ADOPTION LEAVE

Provided that you have not resigned from H & F Mencap prior to starting your adoption leave, or at the start of your adoption leave, you are entitled to the following terms and conditions during your adoption leave:

Issue 247

a. Retention of Mencap Vehicles during Adoption Leave

If you are eligible for a company vehicle, you may retain it during your ordinary and additional adoption leave. You should let your Line Manager know what you want to do.

b. Car allowance during adoption leave

If you receive a car allowance, you will continue to receive this during both your ordinary and additional adoption leave.

L) PENSION SCHEME MEMBERSHIP DURING ADOPTION LEAVE

Membership of the pension scheme will continue whilst you are receiving Statutory Adoption Pay. Your pension contributions will be based on the amount of Statutory Adoption Pay, which is being paid to you. Additional Voluntary Contributions and Stakeholder Pension Plan contributions may still be made during this period, if you wish.

M) ACCRUAL OF ANNUAL LEAVE

1. You will continue to accrue annual leave at your usual rate of entitlement, during your ordinary and additional adoption leave. You cannot take annual leave during your adoption leave, but, subject to normal arrangements with your Line Manager, you can take annual leave immediately before or after adoption leave, if you wish.

2. You should note that H & F Mencap normal rules are that annual leave cannot be carried over from one year to the next.

N) OTHER SERVICE RELATED BENEFITS

Any increase in annual leave, sick pay eligibility or salary which would have applied if you had been continuously at work, will apply on your return to work.

Issue 248

A. INTRODUCTION

Parental leave offers qualifying parents the right to take unpaid time off work to look after your child or make arrangements for their welfare. It can help you spend more time with your child and strike a better balance between your work and family commitments.

B. ARE YOU ENTITLED TO PARENTAL LEAVE

If you have a child aged under five, (or under 18 if your child is disabled), you may have the right to parental leave. To qualify you must be an employee and have at least one year's continuous service where you work.

You must also either be the parent:

named on the child's birth certificate

named on the child's adoption certificate

with legal parental responsibility for a child under five (under 18 if the child is disabled)

If you are separated and you don't live with your children, you have the right to parental leave if you keep formal parental responsibility for the children. Foster parents do not have rights to parental leave but may be able to request a flexible working pattern.

Your Line Manager could ask for evidence that you are entitled to parental leave. This could be:

your child's birth certificate

papers confirming your child's adoption or the date of placement in adoption cases

the award of disability living allowance for your child

C) HOW MUCH PARENTAL LEAVE CAN YOU TAKE

1. Each parent can take a total of up to 13 weeks' parental leave for each of your children up to their fifth birthday. If your child is adopted, each parent can take a total of up to 13 weeks' parental leave. This can be until the fifth anniversary of their placement with you or until their 18th birthday, whichever comes first.

2. If your child is disabled (that is, receiving disability allowance) each parent has the right to take up to 18 weeks' parental leave until their 18th birthday. Parental leave is an individual right and you cannot transfer the leave between parents. For example a father cannot decide to take only ten weeks and the mother take 16 weeks.

D) PAY DURING PARENTAL LEAVE

1. Statutory parental leave is unpaid. If you are on a low income, you might get Income Support.

If you don't qualify for parental leave but need time off to care for your child you could:

take paid holiday

ask for unpaid time off

ask about flexible working

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If there's a genuine emergency and you need to take time off at short notice:

the organisation may let you take emergency leave

you may have the right to take time off to arrange for care

2. All employees have a right to take a reasonable amount of unpaid time off to deal with certain emergencies involving people they care for. This is known as time off for dependants, and applies regardless of how long you have been working for organisation or whether you have child or adult care responsibilities.

E) DECIDING TO TAKE PRENTAL LEAVE

1. The purpose of parental leave is to care for your child. This means looking after their welfare and could include making arrangements for the good of your child.

2. Caring for a child does not necessarily mean being with the child 24 hours a day. Parental leave might be taken simply to enable you to spend more time with your young child.

3. Examples of the way parental leave might be used include:

straight after your maternity, paternity or adoption leave

spending more time with your child in their early years

time with your child during a stay in hospital

looking at new schools

settling your child into new childcare arrangements

allowing your family to spend more time together, for example, taking your child to stay with grandparents

You can take parental leave immediately after your maternity, paternity or adoption leave providing you give the correct notice.

Issue 250

A. THE POLICY

If you are thinking about requesting a change to your work pattern, you should speak to your Line Manager first to explore the possibilities and opportunities that may be available. It is important to make it clear that whilst H&F Mencap will consider all requests from eligible employees, it may not always be possible to meet such requests.

B. FLEXIBLE WORKING AND THE LAW

1. Some employees such as parents and carers have a legal right to request flexible working and for their request to be considered seriously. H&F Mencap will also consider requests for flexible working from employees that do not meet the eligibility criteria detailed below. This is because we recognise that employees have a range of reasons why they may wish to work flexibly. However – where there is a limited capacity for flexible working arrangements in a team and a number of people make a request at the same time, those with caring responsibilities as defined below will be considered first.

2. You should think carefully about your desired working pattern before submitting a request. If your Line Manager agrees to your request, it will mean a permanent change to your contract of employment.

3. The process of making a request is detailed below. You should bear in mind that it can take up to 14 weeks. This process is compliant with the legislation relating to the right to request flexible working. Where your request falls outside the legal right to request to work flexibly, it is H&F Mencap’s intention to follow a similar process.

C) ELIGIBILITY TO MAKE A REQUEST FOR FLEXIBLE WORKING

1. GENERAL

be an employee

have worked for H&F Mencap continuously for 26 weeks at the date the applications is made

not have made another application to work flexibly during the previous 12 months

If you meet the criteria below, you have a legal right to make a request to work flexibly and your request will be given priority consideration.

2. PARENTS

have a child under 17, or 18 if disabled

have responsibility for the child’s upbringing

be either the mother, father, adopter, guardian, special guardian or foster parent of the child; or married to, or the partner or civil partner of the child’s mother, father, adopter, guardian, special guardian or foster parent

make the application no later than 2 weeks before the child’s 17 th birthday or 18th if disabled

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3. CARERS OF ADULTS WHO ARE IN NEED OF CARE

be, or expect to be caring for a spouse, partner, civil partner or relative; or live at the same address as the adult in need of care

4. SCOPE OF REQUEST

If you are eligible, you will be able to request:

a change to the hours you work

a change to the times when you are required to work

to work from home

This covers working patterns such as annual hours, compressed hours, flexitime, home-working, job-sharing, shift working, staggered hours and term-time working.

D) APPLYING TO WORK FLEXIBLY

1. If you would like to request to work flexibly, you should have an initial discussion with your Line Manager. It may be that your request is fairly straightforward and can be accommodated easily and quickly. If this is the case, your Line Manager may meet your request with no need for a more formal approach.

2. Alternatively, your Line Manager may want to give the request more consideration, and in this case, he or she will ask you to put it in writing, as outlined below.

a. You are able to make only one application a year and an accepted application will mean a permanent change to your terms and conditions of employment. You should therefore consider your request carefully before submitting to your Line Manager including the financial impact of a proposed reduction in hours. There are certain things which you must include in your request. There are a number of forms as Appendices to assist you. You should set out the following as part of your application:

the pattern you would like to work in future

the date you would like this to start from

how you think this change will affect service users and colleagues

how you think the effect on service users and colleagues can be managed

b. Within 28 days, your Line Manager will arrange to meet with you. This will provide both of you with the opportunity to explore the desired work pattern in depth, and to discuss how best it might be accommodated. It will also provide an opportunity to consider other alternative working patterns, or a trial period, should there be problems in accommodating the desired work pattern outlined in your application. In cases where your request for flexible working falls under the legal criteria, if you wish, you can bring a companion (trade union representative or work colleague) to the meeting.

c. Within 14 days after the date of the meeting, your Line Manager will write to you to either agree to a new work pattern and a start date; or to provide clear business ground(s) as to why the application cannot be accepted and the reasons why the ground(s) applies in the circumstances. If this is the case, your Line Manager will provide sufficient explanation, based on one of the following grounds shown below, why, in his or her opinion, the ground applies and why it results in the refusal of the application. In some cases, your Line Manager may want to take further action before notifying you of his or her final decision.

Issue 252

Business reasons why Mencap may need to reject your request for flexible working:

burden of additional costs

detrimental affect on ability to meet customer demand

inability to reorganise work among existing staff

inability to recruit additional staff

detrimental impact on quality

detrimental impact on performance

insufficiency of work during the periods the employee proposes to work

planned structural changes

any other grounds that may in future be covered by Government Regulations

E) RIGHT OF APPEAL

1. In cases where your request for flexible working falls under the legal criteria and where you are unhappy with your Line Manager’s decision, you may appeal in writing within 14 days of it being notified to you. Your appeal must be in writing and set out the grounds of your appeal.

2. The appeal will normally be heard by the next higher manager. It will be heard within 14 days of the date of your written appeal. If you wish, you can bring a companion (trade union representative or work colleague) to the meeting. You will be notified in writing of the outcome of your appeal, within 14 days of the date of the appeal meeting. If your appeal is dismissed, you will be informed in writing of the grounds for this.

F) EXTENSION OF TIME LIMITS

1. You and your Line Manager can agree to extend any of the time limits outlined above. If this is the case, your Line Manager will confirm in writing to you the details of the extension, and the date on which the extension is to end.

2. If your Line Manager who would normally consider the application is on holiday or on sick leave, there is an automatic extension of the 28 day time limit within which your Line Manager must hold a meeting with you to discuss your flexible working request.

G) WHEN AN APPLICATION MAY BE TREATED AS WITHDRAWN

1. There will be occasions when an application is treated as withdrawn. If you wish to withdraw your application you must notify your Line Manager. You will not be eligible to make another application for 12 months. Your Line Manager may also consider your application to be withdrawn if you fail to attend two meetings without reasonable cause or if you unreasonably fail to provide the information required to consider your request.

Issue 253

A. INTRODUCTION

All of us, at one time or another may have concerns about what is happening at work. Usually, these concerns can be sorted out easily. However, when there is a bigger concern, it can be difficult to know what to do. If something is troubling you, which you think should be looked into; the Organisation wants you to report your concerns. This procedure tells you how.

You don’t need to be an employee of the Organisation to raise your concern. You could be a relief worker or a volunteer. If you raise a concern about something you consider to be poor practice, it will be treated seriously. An appropriate independent person will properly investigate it. Don’t wait until some time afterwards, to tell us about your concern. It is easier to deal with it if you tell us as soon as possible.

B) WHAT SHOULD YOU LOOK OUT FOR?

1. You should look out for service users who are clearly unhappy and you suspect or witness one of the following:

Physical or emotional abuse or neglect. Abuse of power, position or authority. Recognised duties or good practice being ignored. Failure to act when action is required. Bullying of any kind. Institutional practices which fail to give service users choice, dignity and rights.

You should also look out for:

Financial mismanagement. Theft or fraud. Conduct which you believe to be against the law. Acts which have led or would lead to a miscarriage of justice occurring. Actions which are or could be dangerous to the health and safety of others.

C) WHEN NOT TO USE THIS PROCEDURE

If you have a complaint about your personal position, please use the grievance procedure. If you feel you are being harassed or bullied, please use the harassment procedure.

D) HOW THE MATTER WILL BE HANDLED

1. Once you have told the Organisation about your concern, it will be looked into quickly to decide what should be done. A formal written response will be sent to you, where possible within 10 working days, summarising your concern and explaining:

how the Organisation is handling the matter or proposes to handle the matter; who is handling the matter; how you can contact them; how long an investigation is likely to take; and whether you will need to be involved further.

2. Relevant specialists will be involved as needed. Support will be provided to you if needed. You will be asked how the Organisation might best support you. For example, you may need support to explain your concern, or to understand the procedure.

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3. You may be asked how you think the matter might best be sorted out. Whilst the purpose of this policy is to investigate possible poor practice and to take appropriate steps to deal with it, you will be given as much feedback as possible. You will be told whether evidence was found to support your concerns. You will not be told about any disciplinary action that may result against any individual, since this will be confidential to that individual.

4. If you have any personal interest in the matter, such as being a relative or close friend of one of the people involved in the matter, you must say this at the beginning of the investigation.

5. You must also say if you have personally been involved in the matter causing concern. For example, someone could have taken part in an accepted culture of abusive and disrespectful language to service users in a workplace, even if they were uncomfortable to do so. In such a case it is in your interests to tell the manager handling the matter as soon as possible. It is possible that the Organisation may still feel it is necessary to consider some disciplinary penalty for your involvement in the matter, but the fact that you have wanted to do something about it will be taken into account.

E) HOW TO RAISE A CONCERN

Step 1

You should in the first instance report your concerns to your Line Manager who will treat the matter with complete confidence. If you are not satisfied with the explanation or reason given to you.

Step 2

If you feel your concern has not been addressed at step 1, or if you feel you can’t raise your concern directly with your Line Manager at step 1, you can raise your concern with the next level manager, or a senior manager or the Director.

Step 3

If you have taken either or both of steps 1 and 2 above and you still have concerns, or if the matter is so serious that you feel you cannot follow steps 1 or 2, you may wish to contact the Chairperson or one of the members of H & F Mencap Board of Trustees.

It is recommended that any written correspondence should be marked, ‘Personal. To be opened by the addressee only’.

F) FURTHER STEPS

If you are not satisfied with the way your concerns are followed up within the Organisation, there are further steps you may want to take. It may be appropriate to raise your concern to outside bodies, such as the Care Standards Commission, the Charity Commission, the Health and Safety Executive or the Data Protection Registrar.

G) ANONYMITY

It may be possible for the concerns you report to be investigated without your name being mentioned, particularly if the behaviour you are reporting can be dealt with through supervision and training. However, it can be very difficult to follow up concerns officially on anonymous information alone. We may be limited in what we can do. Anonymity could mean that the person you are reporting continues with their inappropriate behaviour, or worse.

H) DISHONEST ALLEAGATION

If the procedure has not been invoked in good faith (e.g. for malicious reasons or in pursuit of a personal grudge), then it will make you liable to immediate termination of engagement or such lesser disciplinary sanction as may be appropriate in the circumstances.

Issue 255

A) OUR POLICY

1. H & F Mencap recognises that failure to meet the required standards of performance can arise from either conduct or capability reasons. Incapability is where the employee has received all the necessary training and support but is unable to achieve the required standards of performance.

2. Misconduct is where the employee is unable or unwilling to meet standards through negligence, carelessness or deliberate refusal to work satisfactorily. On an occasion where conduct and capability overlap, a decision will be taken by your Line Manager on the most appropriate procedure to be followed.

3. Where a medical condition is affecting performance but has not triggered action under the sickness absence policy, a decision will be taken by your Line Manager on the most appropriate procedure to be followed.

B) PRINCIPLES APPLYIG TO HEARINGS UNDER THE FORMAL PROCEDURE

1. The employee will be given reasonable notice of hearings.

2. The employee may be accompanied by a Trade Union representative or work colleague at all formal stages of the procedure. The companion can have a say at the hearing but can’t answer questions on the employee’s behalf. Where the companion is a H & F Mencap employee they have a right to reasonable time off to prepare for the hearing and to talk with the employee privately as needed.

3. The employee must take all reasonable steps to attend the hearing(s).

4. After the hearing, the Line Manager will inform the employee of the outcome in writing and notify the employee of their right of appeal. If the employee wishes to appeal, the employee must be invited to an appeal hearing, which they must take all reasonable steps to attend.

In addition to written confirmation there should be regular monitoring as part of normal supervision meetings.

5. The procedure will normally be implemented at Stage 1, except for more serious cases of apparent lack of capability where the matter may be dealt with initially at Stage 2 or in cases of apparent gross incapability where the matter may be dealt with at Stage 4.

6. Stage 4 of the procedure will normally be undertaken by a different manager than the manager who dealt with the earlier stages. In cases of gross incapability the employee may be suspended with pay pending the outcome of an investigation.

7. Where an employee is redeployed or accepts a job at a lower level as a result of this procedure, the terms and conditions of the new post will apply with no protection of salary or other terms and conditions.

C) INFORMAL STAGE

1. It is important that issues of work performance are raised as soon as possible with the employee. Unless the matter is viewed as a serious lack of capability, it should be dealt with informally in the first instance. This will normally be at a supervision meeting or at an additional meeting specifically called to address issues with capability. Line Managers should not wait for a supervision meeting to raise issues of capability. At the informal stage the Line Manager will:

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CAPABILITY PROCEDURES

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set out the standards of work performance expected, as outlined in the post objectives and competency framework, and explain how the employee’s performance falls short of this

provide time for the employee to respond

ensure that the employee understands the expectations of his/her performance

identify the course of action to be taken to help improve performance i.e. further training or on the job coaching, more frequent supervision meetings, allocating a work place ‘buddy’

set a timescale for review (a minimum of 4 weeks and a maximum of 12 weeks depending on the improvements required)

advise the employee that failure to meet the required standards may result in formal action under the capability procedure

D) STAGE 1 – THE CAPABILITY REVIEW HEARING

1. If the employee has failed to meet the improvements required, following informal action, they will be invited to attend a first formal hearing. At the hearing the Line Manager will:

set out the standards of work performance expected as outlined in the post objectives and competency framework

explain how the employee’s performance has failed to meet the required standards

give the employee the opportunity to explain the reasons for this

listen to the response and identify the course of action to be taken with the aim of improving performance i.e. an action plan detailing further support and/or training

set a timescale for review and for the employee to meet the required standards i.e. a minimum of 4 weeks and a maximum of 12 weeks depending on the circumstances

formally warn the employee that failure to meet the required standards may result in further formal action or issue no warning but continue informal monitoring

2. The Line Manager will confirm in writing the outcome of the hearing, including confirmation if a formal warning has been issued and details of the right of appeal. Employees should be made aware that if capability continues to be an issue this could ultimately result in the termination of employment.

At the end of the review period, the Line Manager will arrange a further hearing with the employee to discuss his/her performance.

3. If the employee’s performance has improved to the required standards since the Stage 1 review hearing and is maintained, he/she will be informed that his/her performance is now satisfactory. He/she will also be informed that his/her performance will be reviewed for a period of 12 months. Any subsequent drop in performance during that time will lead to the capability procedure being activated from where it was left, rather than starting at the beginning. Any future failure to meet the required standards is likely to result in further formal action. A letter of confirmation will be sent following the hearing.

4. If, after the review period, the employee has improved but has still not reached the required standards, or no improvement has been made, a hearing will be held under Stage 2 of the formal procedure.

Issue 257

E) STAGE 2 – THE CAPABILITY REVIEW HEARING

1. At the second formal hearing the Line Manager will follow the same process as outlined in stage 1 above with the addition of the following:

outline the action taken and any progress made since the stage 1 hearing

formally warn the employee that failure to meet the required standards may result in further formal action

2. The Line Manager will confirm in writing the outcome of the hearing, including confirmation if a formal warning has been issued and details of the right of appeal. At the end of the review period, the Line Manager will arrange a further hearing with the employee to discuss their performance.

3. If the employee’s performance has improved to the required standards since the Stage 2 review hearing and is maintained, they will be informed that their performance is now satisfactory. They will also be informed that their performance will be reviewed for a period of 12 months. Any subsequent drop in performance during that time will lead to the capability policy being activated from where it was left, rather than starting at the beginning. Any future failure to meet the required standards is likely to result in further formal action.

4. If, after the review period, the employee has improved but has still not reached the required standards, or no improvement has been made, a hearing will be held under Stage 3 of the formal procedure.

F) STAGE 3 – THE CAPABILITY REVIEW HEARING

1. At the third formal hearing the Line Manager will follow the same process as at the earlier stages with the addition of the following:

outline the actions taken since the stage 1 & 2 hearings

confirm that the employee’s performance has not improved to the level required despite the additional support provided

formally warn the employee that failure to meet the required standards may result in further formal action including the possibility of dismissal

issue a final formal warning followed by a further specified review period

2. The Line Manager will confirm in writing the outcome of the hearing, including confirmation if a formal warning has been issued and details of the right of appeal. At the end of the review period, the Line Manager will arrange a further hearing with the employee to discuss his/her performance.

3. If the employee’s performance has improved to the required standards since the Stage 3 review hearing and is maintained, they will be informed that their performance is now satisfactory. They will also be informed that their performance will be reviewed for a period of 12 months. Any subsequent drop in performance during that time will lead to the capability policy being activated from where it was left, rather than starting at the beginning. Any future failure to meet the required standards is likely to result in further formal action.

4. If, after the review period, the employee has improved but has still not reached the required standards, or no improvement has been made, a hearing will be held under Stage 4 of the formal procedure.

Issue 258

G) STAGE 4 – THE FINAL CAPABILITY REVIEW HEARING

1. At the fourth formal hearing the Line Manager will follow the same process as at the earlier stages with the addition of the following:

outline the actions taken since the stage 1, 2 & 3 hearings

confirm that the employee’s performance has not improved to the required standards despite the additional support provided

At the conclusion of the hearing, the Line Manager will consider the following options:

dismissal on the grounds of incapability

demotion or redeployment to a more suitable job

extend the final review period

The Line Manager will confirm in writing the outcome of the hearing, including details of the right of appeal.

H) SHORT SERVICE STAFF

We retain discretion in respect of the capability procedures to take account of your length of service and to vary the procedures accordingly. If you have a short amount of service, you may not be in receipt of any warnings before dismissal but you will retain the right to a hearing and you will have the right to appeal.

Issue 259

A) INTRODUCTION

1. It is necessary to have a minimum number of rules in the interests of the whole organisation.

2. The rules set standards of performance and behaviour whilst the procedures are designed to help promote fairness and order in the treatment of individuals. It is our aim that the rules and procedures should emphasise and encourage improvement in the conduct of individuals, where they are failing to meet the required standards, and not be seen merely as a means of punishment. We reserve the right to amend these rules and procedures where appropriate.

3. Every effort will be made to ensure that any action taken under this procedure is fair, with you being given the opportunity to state your case and appeal against any decision that you consider to be unjust.

4. The following rules and procedures should ensure that:-

a. the correct procedure is used when requiring you to attend a disciplinary hearing;

b. you are fully aware of the standards of performance, action and behaviour required of you;

c. disciplinary action, where necessary, is taken speedily and in a fair, uniform and consistent manner;

d. you will only be disciplined after careful investigation of the facts and the opportunity to present your side of the case. On some occasions temporary suspension on contractual pay may be necessary in order that an uninterrupted investigation can take place. This must not be regarded as disciplinary action or a penalty of any kind;

e. other than for an “off the record” informal reprimand, you have the right to be accompanied by a fellow employee at all stages of the formal disciplinary process;

f. you will not normally be dismissed for a first breach of discipline, except in the case of gross misconduct; and

g. if you are disciplined, you will receive an explanation of the penalty imposed and you will have the right to appeal against the finding and the penalty.

B) DISCIPLINARY RULES

It is not practicable to specify all disciplinary rules or offences that may result in disciplinary action, as they may vary depending on the nature of the work. In addition to the specific examples of unsatisfactory conduct, misconduct and gross misconduct shown in this handbook, a breach of other specific conditions, procedures, rules, etc. that are contained within this handbook or that have otherwise been made known to you, will also result in this procedure being used to deal with such matters.

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DISCIPLINARY PROCEDURES

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C) RULES COVERING UNSATISFACTORY CONDUCT AND MISCONDUCT

(These are examples only and not an exhaustive list.)

You will be liable to disciplinary action if you are found to have acted in any of the following ways:-

a. failure to abide by the general health and safety rules and procedures;

b. smoking in designated non smoking areas;

c. consumption of alcohol on the premises;

d. persistent absenteeism and/or lateness;

e. unsatisfactory standards or output of work;

f. rudeness towards customers, members of the public or other employees, objectionable or insulting behaviour, harassment, bullying or bad language;

g. failure to devote the whole of your time, attention and abilities to our business and its affairs during your normal working hours;

h. unauthorised use of E-mail and Internet;

i. failure to carry out all reasonable instructions or follow our rules and procedures;

j. unauthorised use or negligent damage or loss of our property;

k. failure to report immediately any damage to property or premises caused by you;

l. use of our vehicles without approval or the private use of our commercial vehicles without authorisation;

m. failure to report any incident whilst driving our vehicles, whether or not personal injury or vehicle damage occurs;

n. if your work involves driving, failure to report immediately any type of driving conviction, or any summons which may lead to your conviction;

o. carrying unauthorised goods or passengers in our commercial vehicles or the use of our vehicles for personal gain; and

p. loss of driving licence where driving on public roads forms an essential part of the duties of the post.

D) SERIOUS MISCONDUCT

1. Where one of the unsatisfactory conduct or misconduct rules has been broken and if, upon investigation, it is shown to be due to your extreme carelessness or has a serious or substantial effect upon our operation or reputation, you may be issued with a final written warning in the first instance.

2. You may receive a final written warning as the first course of action, if, in an alleged gross misconduct disciplinary matter, upon investigation, there is shown to be some level of mitigation resulting in it being treated as an offence just short of dismissal.

Issue 261

E) RULES COVERING GROSS MISCONDUCT

Occurrences of gross misconduct are very rare because the penalty is dismissal without notice and without any previous warning being issued. It is not possible to provide an exhaustive list of examples of gross misconduct. However, any behaviour or negligence resulting in a fundamental breach of contractual terms that irrevocably destroys the trust and confidence necessary to continue the employment relationship will constitute gross misconduct. Examples of offences that will normally be deemed as gross misconduct include serious instances of:-

a. theft or fraud;

b. physical violence or bullying;

c. deliberate damage to property;

d. deliberate acts of unlawful discrimination or harassment;

e. possession, or being under the influence, of illegal drugs at work; and

f. breach of health and safety rules that endangers the lives of, or may cause serious injury to, employees or any other person.

(The above examples are illustrative and do not form an exhaustive list.)

F) DISCIPLINARY PROCEDURE

1. Disciplinary action taken against you will be based on the following procedure:-

OFFENCEFIRSTOCCASION

SECONDOCCASION

THIRD OCCASION

FOURTH OCCASION

UNSATISFACTORY CONDUCT

Formal verbalwarning

Writtenwarning

Final written warning Dismissal

MISCONDUCTWrittenwarning

Final written warning Dismissal

SERIOUSMISCONDUCT

Final writtenwarning Dismissal

GROSSMISCONDUCT

Dismissal

2. We retain discretion in respect of the disciplinary procedures to take account of your length of service and to vary the procedures accordingly. If you have a short amount of service you may not be in receipt of any warnings before dismissal but you will retain the right to a disciplinary hearing and you will have the right to appeal.

3. If a disciplinary penalty is imposed it will be in line with the procedure outlined above, which may encompass a formal verbal warning, written warning, final written warning, or dismissal, and full details will be given to you.

4. In all cases warnings will be issued for misconduct, irrespective of the precise matters concerned, and any further breach of the rules in relation to similar or entirely independent matters of misconduct will be treated as further disciplinary matters and allow the continuation of the disciplinary process through to dismissal if the warnings are not heeded.

Issue 262

G) DISCIPLINARY AUTHORITY

The operation of the disciplinary procedure contained, in the previous section, is based on the following authority for the various levels of disciplinary action. However, the list does not prevent a higher or lower level of seniority, in the event of the appropriate level not being available, or suitable, progressing any action at whatever stage of the disciplinary process.

Formal verbal warning Director/Board of Trustees

Written warning Director/Board of Trustees

Final written warning Director/Board of Trustees

Dismissal Director/Board of Trustees

H) PERIOD OF WARNINGS

1. Formal verbal warning

A formal verbal warning will normally be disregarded for disciplinary purposes after a six month period.

2. Written warning

A written warning will normally be disregarded for disciplinary purposes after a twelve month period.

3. Final written warning

A final written warning will normally be disregarded for disciplinary purposes after a twelve month period.

I) GENERAL NOTES

1. If you are in a supervisory or managerial position then demotion to a lower status at the appropriate rate may be considered as an alternative to dismissal except in cases of gross misconduct.

2. In exceptional circumstances, suspension from work without pay for up to five days as an alternative to dismissal (except dismissal for gross misconduct) may be considered by the person authorised to dismiss.

3. Gross misconduct offences will result in dismissal without notice.

4. You have the right to appeal against any disciplinary action.

5. We reserve the right to allow third parties to chair any formal meetings.

Issue 263

1. You have the right to lodge an appeal in respect of any capability/disciplinary action taken against you.

2. If you wish to exercise this right you should apply either verbally or in writing to the person indicated in your individual Statement of Main Terms of Employment.

3. An appeal against a formal warning or dismissal should give details of why the penalty imposed is too severe, inappropriate or unfair in the circumstances.

4. The appeal procedure will normally be conducted by a member of staff not previously connected with the process so that an independent decision into the severity and appropriateness of the action taken can be made.

5. If you are appealing on the grounds that you have not committed the offence, then your appeal may take the form of a complete re-hearing and reappraisal of all matters so that the person who conducts the appeal can make an independent decision before deciding to grant or refuse the appeal.

6. You may be accompanied at any stage of the appeal hearing by a fellow employee of your choice. The result of the appeal will be made known to you in writing, normally within five working days after the hearing.

7. We reserve the right to allow third parties to chair any formal meetings.

Issue 2

CAPABILITY/DISCIPLINARY APPEAL PROCEDURE

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1. It is important that if you feel dissatisfied with any matter relating to your employment you should have an effective means by which such a grievance can be aired and, where appropriate, resolved.

2. Nothing in this procedure is intended to prevent you from informally raising any matter you may wish to mention. Informal discussion can frequently solve problems without the need for a written record. However, if you wish to raise a formal grievance you should normally do so in writing from the outset.

3. You have the right to be accompanied at any stage of the procedure by a fellow employee who may act as a witness or speak on your behalf to explain the situation more clearly.

4. If you feel aggrieved at any matter relating to your work (except personal harassment, for which there is a separate procedure following this section), you should first raise the matter with the person specified in your Statement of Main Terms of Employment, explaining fully the nature and extent of your grievance. You will then be invited to a meeting at a reasonable time and location at which your grievance will be investigated fully. You must take all reasonable steps to attend this meeting. You will be notified of the decision, in writing, normally within ten working days of the meeting, including your right of appeal.

5. If you wish to appeal you must inform the Chair of H & F Mencap within five working days. You will then be invited to a further meeting, which you must take all reasonable steps to attend. As far as reasonably practicable, the Organisation will be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).

6. Following the appeal meeting you will be informed of the final decision, normally within ten working days, which will be confirmed in writing.

7. We reserve the right to allow third parties to chair any formal meetings.

GRIEVANCES RAISED AFTER EMPLOYMENT HAS ENDED

1. If you have already left H & F Mencap employment when you raise your grievance, you should start the formal grievance process by putting your concerns in writing.

2. A Line Manager will then arrange to hear your grievance. Alternatively, you may decide that you simply want to raise your grievance and have a written response. In this case, and provided that both you and H & F Mencap agree in writing, then the following brief procedure will apply:

3. You must set out in writing your grievance and the basis for it, and send this to your Line Manager.

4. Your Line Manager or another nominated manager will respond in writing to you.

Issue 2

GRIEVANCE PROCEDURE

65

A) INTRODUCTION

1. Harassment or victimisation on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation is unacceptable.

2. Personal harassment takes many forms ranging from tasteless jokes and abusive remarks to pestering for sexual favours, threatening behaviour and actual physical abuse. Whatever form it takes, personal harassment is always taken seriously and is totally unacceptable.

3. We recognise that personal harassment can exist in the workplace, as well as outside, and that this can seriously affect employees’ working lives by interfering with their job performance or by creating a stressful, intimidating and unpleasant working environment.

B) POLICY

1. We deplore all forms of personal harassment and seek to ensure that the working environment is sympathetic to all our employees.

2. We have published these procedures to inform employees of the type of behaviour that is unacceptable and provide employees who are the victims of personal harassment with a means of redress.

3. We recognise that we have a duty to implement this policy and all employees are expected to comply with it.

C) EXAMPLES OF PERSONAL HARASSMENT

Personal harassment takes many forms and employees may not always realise that their behaviour constitutes harassment. Personal harassment is unwanted behaviour by one employee towards another and examples of harassment include:

a. insensitive jokes and pranks;

b. lewd or abusive comments about appearance;

c. deliberate exclusion from conversations;

d. displaying abusive or offensive writing or material;

e. unwelcome touching; and

f. abusive, threatening or insulting words or behaviour.

These examples are not exhaustive and disciplinary action at the appropriate level will be taken against employees committing any form of personal harassment.

Issue 2

PERSONAL HARASSMENT POLICY AND PROCEDURE

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D) COMPLAINING ABOUT PERSONAL HARASSMENT

1. Informal complaint

We recognise that complaints of personal harassment, and particularly of sexual harassment, can sometimes be of a sensitive or intimate nature and that it may not be appropriate for you to raise the issue through our normal grievance procedure. In these circumstances you are encouraged to raise such issues with a senior colleague of your choice (whether or not that person has a direct supervisory responsibility for you) as a confidential helper. This person cannot be to the Board of Trustees who will be responsible for investigating the matter if it becomes a formal complaint.

If you are the victim of minor harassment you should make it clear to the harasser on an informal basis that their behaviour is unwelcome and ask the harasser to stop. If you feel unable to do this verbally then you should hand a written request to the harasser, and your confidential helper can assist you in this.

2. Formal complaint

Where the informal approach fails or if the harassment is more serious, you should bring the matter to the attention of either your Line Manager or the Director (as appropriate) as a formal written complaint and again your confidential helper can assist you in this. If possible, you should keep notes of the harassment so that the written complaint can include:-

a. the name of the alleged harasser;

b. the nature of the alleged harassment;

c. the dates and times when the alleged harassment occurred;

d. the names of any witnesses; and

e. any action already taken by you to stop the alleged harassment.

On receipt of a formal complaint we will take action to separate you from the alleged harasser to enable an uninterrupted investigation to take place. This may involve a temporary transfer of the alleged harasser to another work area or suspension with contractual pay until the matter has been resolved.

The person dealing with the complaint will invite you to attend a meeting, at a reasonable time and location, to discuss the matter and carry out a thorough investigation. You have the right to be accompanied at such a meeting by your confidential helper or another work colleague of your choice and you must take all reasonable steps to attend. Those involved in the investigation will be expected to act in confidence and any breach of confidence will be a disciplinary matter.

On conclusion of the investigation which will normally be within ten working days of the meeting with you, a draft report of the findings and of the investigator’s proposed decision will be sent, in writing, to you and to the alleged harasser.

If you or the alleged harasser are dissatisfied with the draft report or with the proposed decision this should be raised with the investigator within five working days of receiving the draft. Any points of concern will be considered by the investigator before a final report is sent, in writing, to you and to the alleged harasser. You have the right to appeal against the findings of the investigator in accordance with the appeal provisions of the grievance procedure.

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E) GENERAL NOTES

1. If the report concludes that the allegation is well founded, the harasser will be liable to disciplinary action in accordance with our disciplinary and disciplinary dismissal procedure. An employee who receives a formal warning or who is dismissed for harassment may appeal by using our capability/disciplinary appeal procedure.

2. If you bring a complaint of harassment you will not be victimised for having brought the complaint. However if the report concludes that the complaint is both untrue and has been brought with malicious intent, disciplinary action will be taken against you.

3. We reserve the right to allow third parties to chair any formal meetings.

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A) STATEMENT OF POLICY

1. We recognise that discrimination is unacceptable and although equality of opportunity has been a long standing feature of our employment practices and procedure, we have made the decision to adopt a formal equal opportunities policy. Breaches of the policy will lead to disciplinary proceedings and, if appropriate, disciplinary action.

2. The aim of the policy is to ensure no job applicant, employee or worker is discriminated against either directly or indirectly on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.

3. We will ensure that the policy is circulated to any agencies responsible for our recruitment and a copy of the policy will be made available for all employees and made known to all applicants for employment.

4. The policy will be communicated to all private contractors reminding them of their responsibilities towards the equality of opportunity.

5. The policy will be implemented in accordance with the appropriate statutory requirements and full account will be taken of all available guidance and in particular any relevant Codes of Practice.

6. We will maintain a neutral working environment in which no employee or worker feels under threat or intimidated.

B) RECRUITMENT AND SELECTION

1. The recruitment and selection process is crucially important to any equal opportunities policy. We will endeavour through appropriate training to ensure that employees making selection and recruitment decisions will not discriminate, whether consciously or unconsciously, in making these decisions.

2. Promotion and advancement will be made on merit and all decisions relating to this will be made within the overall framework and principles of this policy.

3. Job descriptions, where used, will be revised to ensure that they are in line with our equal opportunities policy. Job requirements will be reflected accurately in any personnel specifications.

4. We will adopt a consistent, non-discriminatory approach to the advertising of vacancies.

5. We will not confine our recruitment to areas or media sources which provide only, or mainly, applicants of a particular group.

6. All applicants who apply for jobs with us will receive fair treatment and will be considered solely on their ability to do the job.

7. All employees involved in the recruitment process will periodically review their selection criteria to ensure that they are related to the job requirements and do not unlawfully discriminate.

8. Short listing and interviewing will be carried out by more than one person where possible.

9. Interview questions will be related to the requirements of the job and will not be of a discriminatory nature.

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10. We will not disqualify any applicant because he/she is unable to complete an application form unassisted unless personal completion of the form is a valid test of the standard of English required for the safe and effective performance of the job.

11. Selection decisions will not be influenced by any perceived prejudices of other staff.

C) TRAINING AND PROMOTION

1. Senior staff will receive training in the application of this policy to ensure that they are aware of its contents and provisions.

2. All promotion will be in line with this policy.

D) MONITORING

1. We will maintain and review the employment records of all employees in order to monitor the progress of this policy.

2. Monitoring may involve:-

a. the collection and classification of information regarding the race in terms of ethnic/national origin and sex of all applicants and current employees;

b. the examination by ethnic/national origin and sex of the distribution of employees and the success rate of the applicants; and

c. recording recruitment, training and promotional records of all employees, the decisions reached and the reason for those decisions.

3. The results of any monitoring procedure will be reviewed at regular intervals to assess the effectiveness of the implementation of this policy. Consideration will be given, if necessary, to adjusting this policy to afford greater equality of opportunities to all applicants and staff.

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A) TERMINATING EMPLOYMENT WITHOUT GIVING NOTICE

If you terminate your employment without giving or working the required period of notice, as indicated in your individual statement of main terms of employment, you will have an amount equal to any additional cost of covering your duties during the notice period not worked deducted from any termination pay due to you. This is an express written term of your contract of employment. You will also forfeit any contractual accrued holiday pay due to you over and above your statutory holiday pay, if you fail to give or work the required period of notice.

B) RETURN OF OUR PROPERTY

On the termination of your employment you must return all our property which is in your possession or for which you have responsibility. Failure to return such items will result in the cost of the items being deducted from any monies outstanding to you. This is an express written term of your contract of employment.

C) GARDEN LEAVE

If either you or the Organisation serves notice on the other to terminate your employment the Organisation may require you to take “garden leave” for all or part of the remaining period of your employment.

NB.During any period of garden leave you will continue to receive your full salary and any other contractual benefits.

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APPENDIX ONE

A) INTRODUCTION

H & F Mencap aim to maintain secure employment for employees by effective forward planning. This policy is designed to ensure the fair treatment of employees if job losses are necessary. The policy covers both redundancy and reorganisation.

B) REDUNDANCY

1. The legal definition of redundancy is where either:

a. The needs of the business for employees to carry out work of a particular kind have ceased or diminished, or are expected to cease or diminish, or

b. The needs of the business for employees to carry out work of a particular kind in the place where they are employed have ceased or diminished or are expected to cease or diminish.

2. Managers should contact the Director at an early stage, if a redundancy or reorganisation may take place.

C) NOTIFICATION

1. BIS (the Department for Business, Innovation and Skills) must be notified in cases where 20 or more employees are to be made redundant in one ‘establishment’ within a 90 day period.

2. Notification must be given at least 30 days in advance of 20 or more dismissals and at least 90 days in advance of 100 or more dismissals. The definition of ‘establishment’ may often be wider than a single work unit; the Director can advise on this.

D) EMPLOYER’S OBLIGATIONS

1. H & F Mencap has legal obligations to staff in redundancy situations, which include:

consulting, with a view to reaching agreement

establishing whether or not suitable alternative employment is available

giving reasonable time off for the redundant employee to find a new job

paying redundancy compensation

E) CONSULTATION

1. Consultation must always take place and should include:

written reasons for the proposed changes

estimated numbers and categories of employees involved

the proposed method of selection of employees affected

method and timing of any dismissals

revised organisational structures and job descriptions, if appropriate

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2. Consultation should normally commence at least 30 days before the redundancies would take effect. A period of at least two weeks should normally be allowed for employees to comment on the proposals and put forward any alternatives. Replies to any representations should usually be made in writing, giving the reasons for the adoption or rejection of these representations.

3. INDIVIDUAL CONSULTATION

Individual consultation will take place if the proposal is to make less than 19 employees redundant at one establishment.

4. COLLECTIVE CONSULATION

a. Collective consultation is a legal requirement where the proposal is to make 20 or more employees redundant at one establishment within a period of 90 days or less. This is in addition to individual consultation.

b. Such consultation must take place with “appropriate representatives” at least 30 days before the dismissals are to take effect. Where the number of employees to be made redundant at any one establishment is 100 or more within a period of 90 days, then consultation must begin at least 90 days in advance.

c. H & F Mencap will arrange for an “ad hoc” election of representatives for the purposes of consultation as required.

d. Representatives have the right to reasonable time off with pay to carry out their duties. They should be allowed access to employees and be provided with such facilities as are appropriate to allow them to meet and discuss the issues with those they represent.

F) SELECTION FOR REDUNDANCY

1. Where work has reduced and fewer jobs remain, employees will be selected for redundancy or for continued employment or redeployment based on an assessment of their suitability for the available posts and a review of their performance in H & F Mencap to date.

2. Employees may volunteer to be selected for redundancy. However, H & F Mencap reserves the right to decide who should be made voluntarily redundant. Voluntary redundancy will not normally be granted where suitable alternative employment is available.

G) MEASURES TO MINIMISE OR AVOID REDUNDANCIES

1. H & F Mencap will consider options to avoid redundancy wherever possible, including:

Early restriction of recruitment of permanent staff and consequent filling of vacancies on a temporary basis only.

Not filling vacancies as they arise, permitting a gradual reduction in numbers by normal turnover.

Not renewing temporary contracts of less than one year.

H) SUITABLE ALTERNATIVE WORK

1. Where possible, H & F Mencap will try to redeploy employees to suitable alternative work, although due to the nature of H & F Mencap’s activities it is rarely possible to offer alternative work in the same location.

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2. ‘Suitable’ alternative work will normally be defined as work at the same level and on the same pay; Managers can advise on this. If a manager knows that dismissal is likely, investigations about suitable alternative employment should occur before or as soon as possible after announcing the proposed termination of employment. Redeployment of these employees to alternative work will take priority over external recruitment.

3. H & F Mencap will also offer reasonable and appropriate training. Where an employee is to be redeployed, it is important s/he is given sufficient information about the job concerned to enable him or her to decide whether to accept it and that full discussion is held about the employee’s ability to do the job, training needs etc. If alternative employment is offered, the employee has the right to a trial period of four weeks. The trial period may be extended for longer than 4 weeks, by mutual agreement at the beginning of the trial period.

4. The purpose of the trial period is for the employee to assess the suitability of the new post; and for the employer to assess the suitability of the employee to the new post. At the end of the trial period, should either the Line Manager feel that the employee is unsuitable, or the employee feel that the post is unsuitable, the employee will preserve the right to the redundancy payment under the old contract. However, if the employee unreasonably rejects the alternative employment, s/he may lose the right to redundancy pay.

I) ALTERNATIVE WORK AT A LOWER SALARY LEVEL

1. Where an alternative post is offered, this will generally be offered at the salary level relevant to the new post. On some occasions, there may be no suitable alternative employment at the employee’s current salary level. In this case, a post may be offered at a lower salary level than the employee’s current salary. Where this is the case, the employee may decide not to take the post and will retain the right to redundancy pay.

2. Alternatively, the employee may still wish to undertake a four week trial period in the new post. At the end of the four weeks, the employee may EITHER:

take redundancy pay, if he or she feels that the post is not suitable; or

accept the new post.

3. Where affordable and at H & F Mencap’s discretion, the employee’s salary may be maintained at his or her previous salary level for a total of six months in the new post. It should be noted that this will not always be possible, will depend on the financial situation in the particular service where redundancies are taking place and in any event will only be offered if the employee has one year’s service or more with H & F Mencap.

4. If the higher salary is to be maintained for a six month period, Line Managers must remember to complete a status change form for the lower salary, and forward the form to central admin, well before the 6 months has elapsed.

J) ALTERNATIVE WORK ON REDUCED HOURS

1. In circumstances where there is a need to reduce the hours of a post and the employee wishes to continue working on the reduced hours rather than being made redundant, a partial redundancy payment may be made.

2. The partial redundancy payment is based on the percentage of hours lost. For example if it is proposed that hours are reduced to half the current level - the compensation payment would be calculated as half of the standard redundancy payment for that post. Please speak to your Manager/Director for guidance on this.

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K) NOTIFICATION OF REDUNDANCY

1. Where employees are potentially selected for dismissal by way of redundancy, there are procedures which must be followed by law and which are outlined in this section.

2. The employee will be notified of the circumstances which may lead to termination of employment in writing. The employee will be invited to a meeting in order to discuss the situation. The employee will be entitled to be accompanied by a colleague or trade union representative. During the meeting, the employee will be given the opportunity to state his or her views. After the meeting the outcome will be advised to the employee in writing.

3. If the outcome is termination of employment, the employee will be notified in writing of their final day of service and their right of appeal. (see below). Line Managers can assist with appropriate letters.

4. Notification will take place as far in advance of the date of dismissal as possible. Notice to the extent of one week for each year of service (up to a maximum of 12 weeks) or the notice period set out in the employee’s contract of employment, whichever is the longest, will be given.

5. Where it is not possible for the above notice to be given, pay in lieu of any unexpired period of notice will be added to the final redundancy settlement. After employees have been selected for redundancy and notified as above, attempts will continue to be made by Human Resources staff, in conjunction with Line Managers, to find suitable alternative employment.

L) APPEALS AGAINST SELECTION FOR REDUNDANCY

1. Where an employee feels that s/he has been unfairly selected for redundancy, s/he may appeal by writing to the relevant senior manager within 5 working days of being informed of the decision.

2. The Director will either hear the appeal personally or will nominate a Line Manager to consider the appeal. The employee may be accompanied by a colleague or trade union representative at the appeal hearing. The final decision will be passed to the employee as quickly as possible after the appeal hearing.

M) REDUDANCY PAY

1. STATUTORY SCHEME

a. Employees with two or more years’ continuous service with H & F Mencap are entitled to statutory redundancy pay. This is calculated according to age, length of service and gross weekly pay subject to a statutory maximum which is revised annually by the Government.

b. Statutory redundancy pay is paid for a maximum of 20 years’ service.

2. H & F MENCAP ENHANCED SCHEME

a. Employee with two or more years’ continuous service with Mencap will also receive an enhanced redundancy payment of one week’s actual pay (excluding allowances such as car allowance, working from home allowance, sleep-ins or other variable pay) for each year of service with H & F Mencap. This payment is in addition to the statutory scheme.

b. Redundancy payments will normally be paid free of tax, in accordance with current HM Customs and Revenue rules.

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N) ASSISTANCE FOR REDUDANT EMPLOYEES

1. It is a legal requirement that employees under notice of redundancy are given reasonable paid time off during working hours to look for new employment or to make arrangements for training.

2. Where the employee is under formal notification of redundancy and finds a new job to start before the end of their notice period with H & F Mencap, a request to leave before the expiry of notice will, where possible, be granted. There is no loss of redundancy pay in this circumstance. The only exception to this is where suitable alternative employment has been identified during the notice period, in which case no redundancy payment will be made.

3. Wherever possible, and appropriate, Line Managers should contact other local employers giving them details of the types of employees who are to be affected and requesting them to circulate vacancy notices etc to these employees. They could also make contact with local job centres, again providing details of employees affected.

4. Details of H & F Mencap vacancies may be circulated to affected employees after they have left Mencap's service or a contact point can be provided for such employees to ring in for information on H & F Mencap vacancies. Practical assistance such as access to computer and photocopying facilities may be provided to assist employees under notice of redundancy with applications for alternative employment.

5. Line Managers may be able to assist on a one-to-one basis or via a third party with application forms/ CV, presentation skills etc.

O) REORGANISATION

1. REORGANISATION AFECTING TERMS AND CONDITIONS

a. Where planned changes may affect terms and conditions of employment, the Line Manager should consult with the employees affected. The Line Manager must also demonstrate sound and substantial business reasons for the change. Having adopted or rejected representations, the Line Manager should notify the employees of the change to be made, with the date it will take effect. The change should be confirmed in writing.

b. If the employee does not accept the change the reasons for non-acceptance should be advised to the Line Manager in writing. The line manager will be required to arrange a meeting at which the non-acceptance is discussed and the employee should take reasonable steps to attend this meeting.

c. After the meeting the line manager will inform the employee of the outcome of the discussions and advise of the right of appeal. At an appeal hearing the Director will chair the meeting and will review the employee’s complaint, the new changes in terms and conditions and will make a decision based on this evidence.

d. This decision will be communicated to the employee in writing. In both meetings the employee is entitled to be accompanied by a colleague or a trade union representative.

e. If the employee continues not to accept the new change in writing, his/her previous contract of employment may be terminated and s/he will be dismissed, with the required notice, the reason being “some other substantial reason”. Line Managers should always be consulted before this step is taken.

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2. REORGANISATION NOT AFFECTING TERMS AND CONDITIONS

a. Where planned changes may not affect terms and conditions of employment, but are designed to improve efficiency or to meet changing requirements, the Line Manager should:

Explain, to the employees affected, the rationale for the change and give details of the changes to be made such as revised structures, reporting relationships, job descriptions etc.

Allow employees affected enough time to consider the proposals.

Be available to discuss proposals with employees on an individual basis if they wish.

Take into account comments made by the employees.

Communicate to all staff the final detail.

Implement.

Issue 277