
Issue Date: 01st August 2025
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EMPLOYEE HANDBOOK
INTRODUCTION
Phillips Payroll provides fully managed payroll and workforce management services to the recruitment industry. We employ temporary workers on behalf of our clients to ensure they receive correct, compliant and timely payment.
Our services cover every stage of the onboarding and pay process, including:
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employment verification and Right to Work checks
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assignment processing and worker onboarding
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tax and National Insurance deductions
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CIS verification and returns (where applicable)
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payslip production and payment processing
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support for agencies, Clients and workers throughout assignments
We operate PAYE (Umbrella and PEO), CIS and Limited Company models in accordance with all relevant HMRC, employment law and intermediary legislation. Our commitment is to provide a transparent, fully compliant service to both recruitment agencies and their workers.
The company reserves the right to change its terms & conditions and employment policies from time to time. You will be notified at the earliest opportunity of these changes by way of general notice to all employees affected by the change. Where a contractual change in your terms and conditions of employment results in a change to your written statement of particulars of employment, we will give you a written statement of the change at the earliest opportunity.
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GENERAL
As an umbrella employee, you are employed by Phillips Payroll but you perform day-to-day work under the direction and supervision of the Client. Understanding how this relationship works is essential for maintaining compliance, safety, professionalism and assignment continuity.
You are expected to adhere to any policies and procedures implemented at the Client’s premises, including but not restricted to smoking, alcohol, drugs etc.
You are required to attend the Clients premises or their designated location at the times stated in your assignment schedule and are required to work for the agreed number of hours stated. Failure to attend or to complete the required hours could result in disciplinary action being taken against you.
You should comply at all times with the Client‘s requirements for GDPR and computer security which applies in respect of all operations including email and internet access as carried out under the terms of your Assignment. You are required to ensure that you advise the Client of any breaches or potential breaches in security that you become aware of.
When you are on Assignment you are a representative of both the Company and the Client and therefore you should ensure that your behaviour is always appropriate and professional.
Once you have completed the qualifying 12-week probationary period under the Agency Worker Regulations (AWR), you will have entitlement to the same conditions relating to the duration of working time, night work, rest periods, rest breaks and annual leave as if you had been employed or engaged directly in the same job by the relevant end user client.
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RIGHT TO WORK IN THE UK
The Company is required to comply with UK immigration law. In particular, under the asylum immigration and nationality act 2006 (as amended) the Company may be penalised if it fails to carry out the appropriate checks on rights of its staff to work in the UK. As a result, prior to commencing employment and engagement and throughout your employment or engagement by the Company you must be:
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entitled to work in the UK; and
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able to produce the appropriate visa and/or other documentary evidence of the right to work in the UK.
Should you lose the right to work in the UK, you must inform the Company immediately. Equally, if you are unable to produce documentary proof of your right to work in the UK, the matter will be referred for investigation under the Company Disciplinary Policy and you may be subject to summary dismissal.
The company may make use of the service provided by the UK Border Agency online checking tool (https://www.gov.uk/legal-right-work-uk) to check on your right to work in the UK. Where it is relevant, and if requested, you must provide the Company with a “right to work share code” issued to you by the UK border agency.
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ATTENDANCE AT WORK
Any assignment that you undertake whilst in the employment of the Company will be for a specific time period and, from time to time, for specific hours. Therefore, should you require time off from work you should give as much notice as possible. If you are unable to give advance notice you should ensure that you contact the Company and the Client to advise your absence by no later than 10am on the day in question.
If your period of absence will extend beyond one day you should ensure that you contact the Company and the Client by no later than 10am on each day that you are absent. If you are unable to personally contact the Company or Client you should ensure, wherever possible, that someone telephones on your behalf.
If your explanation for absence is deemed to be unsatisfactory by the Client, the Company reserves the right to deduct an appropriate amount from your salary.
If you are absent repeatedly or for prolonged periods the Company reserves the right to receive a full and detailed explanation and, where appropriate, medical evidence and subsequent disciplinary action may be taken against you.
If you are absent from work due to sickness you may be entitled to statutory sick pay (SSP). To qualify you must meet the following criteria:
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You must be sick for at least 4 or more days in a row (inc. weekends & bank holidays)
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Earn, before tax and National Insurance an average of the Lower Earnings Limit for National Insurance Contributions (NIC). The amount you need to earn is lower than the amount when you must start paying NICs.
SSP is a daily payment and is usually paid for the days that you would normally work. The days that you would normally work are known as Qualifying Days (QDs). SSP is not paid for the first four days (including non-working days). SSP is payable as detailed on the government website at https://www.gov.uk/statutory-sick-pay.
If you are sick for up to seven days you must provide a self-certification certificate on the day you return to work, which can be obtained from your point of contact at Phillips Payroll. Absences of longer than seven days must be supported by a doctor’s certificate as must any further periods of continued absence. Failure to provide a certificate may result in the non-payment of statutory sick pay.
The Company reserves the right to have you examined by a doctor of their own choosing and at their own expense and we also reserve the right, with your permission, to request a medical report from your doctor.
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CONFLICT OF INTEREST
You should not, directly, or indirectly, engage in, or have any interest, financial or otherwise, in any other business enterprise, which interferes or is likely to interfere with your independent exercise of judgement in Phillips Payroll’s best interest.
Generally, a conflict of interests exists when an employee is involved in an activity:
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which provides products or services directly to, or purchase products or services from Phillips Payroll
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subjecting the employee to unreasonable time demands prevent the employee form devoting proper attention to his or her responsibilities to Phillips Payroll
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which is so operated that the employee’s involvement with the outside business activity will reflect adversely on Phillips Payroll.
Should you be in any doubt as to whether an activity involves a conflict, you should discuss the situation with your point of contact at Phillips Payroll.
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STANDARDS OF PERFORMANCE AND BEHAVIOUR AT WORK
Appearance
You are expected to always dress appropriately in relation to your assignment and role, and to ensure that your personal hygiene and grooming are properly attended to prior to presenting yourself at work.
Confidentiality
It is a condition of your employment that you have a duty of confidentiality with regards to the company and any companies you are assigned to.
During your employment, you may find yourself in possession of sensitive information, the disclosure of which could be construed as a breach of confidentiality. It is a condition of your employment that you have a duty of confidentiality to the Company, and you must not discuss any Company sensitive or confidential matter whatsoever with any outside organisation including the media.
Any such breach of confidentiality would be deemed as gross misconduct except as otherwise provided or as permitted by any current legislation (e.g., the UK Public Interest Disclosure Act 1998) and could lead to your dismissal.
BRIBERY AND OTHER CORRUPT BEHAVIOUR
The Company has a strict anti-bribery and corruption policy in line with the Bribery Act (2010). A bribe is defined as: giving someone a financial or other advantage to encourage that person to perform their functions or activities improperly or to reward that person for having already done so.
If you bribe (or attempt to bribe) another person, intending either to obtain or retain business for the company, or to obtain or retain an advantage in the conduct of the company's business this will be considered gross misconduct. Similarly accepting or allowing another person to accept a bribe will be considered gross misconduct. In these circumstances you will be subject to formal investigation under the Company’s disciplinary procedures, and disciplinary action up to and including dismissal may be applied.
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DATA PROTECTION AND ACCESS TO DATA
Aim and scope of policy
This policy applies to the processing of personal data in manual and electronic records kept by the Organisation in connection with its human resources function as described below. It also covers the Organisation’s response to any data breach and other rights under the General Data Protection Regulation and current Data Protection Act.
This policy applies to the personal data of job applicants, existing and former employees, apprentices, volunteers, placement students, workers and self-employed contractors. These are referred to in this policy as relevant individuals.
“Personal data” is information that relates to an identifiable person who can be directly or indirectly identified from that information, for example, a person’s name, identification number, location, online identifier. It can also include pseudonymised data.
“Special categories of personal data” is data which relates to an individual’s health, sex life, sexual orientation, race, ethnic origin, political opinion, religion, and trade union membership. It also includes genetic and biometric data (where used for ID purposes).
“Criminal offence data” is data which relates to an individual’s criminal convictions and offences.
“Data processing” is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
The Organisation makes a commitment to ensuring that personal data, including special categories of personal data and criminal offence data (where appropriate) is processed in line with GDPR and domestic laws and all its employees conduct themselves in line with this, and other related, policies. Where third parties process data on behalf of the Organisation, the Organisation will ensure that the third party takes such measures in order to maintain the Organisation’s commitment to protecting data. In line with current data protection legislation, the Organisation understands that it will be accountable for the processing, management and regulation, and storage and retention of all personal data held in the form of manual records and on computers.
Types of data held
Personal data is kept in personnel files or within the Organisation’s HR systems. The following types of data may be held by the Organisation, as appropriate, on relevant individuals:
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name, address, phone numbers - for individual and next of kin
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CVs and other information gathered during recruitment
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references from former employers
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National Insurance numbers
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job title, job descriptions and pay grades
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conduct issues such as letters of concern, disciplinary proceedings
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holiday records
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internal performance information
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medical or health information
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sickness absence records
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tax codes
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terms and conditions of employment
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training details.
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Relevant individuals should refer to the Organisation’s privacy notice for more information on the reasons for its processing activities, the lawful bases it relies on for the processing and data retention periods.
Data protection principles
All personal data obtained and held by the Organisation will:
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be processed fairly, lawfully and in a transparent manner
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be collected for specific, explicit, and legitimate purposes
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be adequate, relevant and limited to what is necessary for the purposes of processing
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be kept accurate and up to date. Every reasonable effort will be made to ensure that inaccurate data is rectified or erased without delay
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not be kept for longer than is necessary for its given purpose
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be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisational measures
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comply with the relevant data protection procedures for international transferring of personal data.
In addition, personal data will be processed in recognition of an individuals’ data protection rights, as follows:
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the right to be informed
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the right of access
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the right for any inaccuracies to be corrected (rectification)
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the right to have information deleted (erasure)
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the right to restrict the processing of the data
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the right to portability
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the right to object to the inclusion of any information
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the right to regulate any automated decision-making and profiling of personal data.
Procedures
The Organisation has taken the following steps to protect the personal data of relevant individuals, which it holds or to which it has access:
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it appoints or employs employees with specific responsibilities for:
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the processing and controlling of data
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the comprehensive reviewing and auditing of its data protection systems and procedures
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overviewing the effectiveness and integrity of all the data that must be protected.
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There are clear lines of responsibility and accountability for these different roles.
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it provides information to its employees on their data protection rights, how it uses their personal data, and how it protects it. The information includes the actions relevant individuals can take if they think that their data has been compromised in any way
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it provides its employees with information and training to make them aware of the importance of protecting personal data, to teach them how to do this, and to understand how to treat information confidentially
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it can account for all personal data it holds, where it comes from, who it is shared with and also who it might be shared with
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it carries out risk assessments as part of its reviewing activities to identify any vulnerabilities in its personal data handling and processing, and to take measures to reduce the risks of mishandling and potential breaches of data security. The procedure includes an assessment of the impact of both use and potential misuse of personal data in and by the Organisation
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it recognises the importance of seeking individuals’ consent for obtaining, recording, using, sharing, storing and retaining their personal data, and regularly reviews its procedures for doing so, including the audit trails that are needed and are followed for all consent decisions. The Organisation understands that consent must be freely given, specific, informed and unambiguous. The Organisation will seek consent on a specific and individual basis where appropriate. Full information will be given regarding the activities about which consent is sought. Relevant individuals have the absolute and unimpeded right to withdraw that consent at any time
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it has the appropriate mechanisms for detecting, reporting and investigating suspected or actual personal data breaches, including security breaches. It is aware of its duty to report significant breaches that cause significant harm to the affected individuals to the Information Commissioner, and is aware of the possible consequences
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it is aware of the implications of international transfer of personal data.
Access to data
Relevant individuals have a right to be informed whether the Organisation processes personal data relating to them and to access the data that the Organisation holds about them. Requests for access to this data will be dealt with under the following summary guidelines:
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a form on which to make a subject access request is available from your manager. The request should be made to Laura Phillips, Director
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the Organisation will not charge for the supply of data unless the request is manifestly unfounded, excessive or repetitive, or unless a request is made for duplicate copies to be provided to parties other than the employee making the request
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the Organisation will respond to a request without delay. Access to data will be provided, subject to legally permitted exemptions, within one month as a maximum. This may be extended by a further two months where requests are complex or numerous.
Relevant individuals must inform the Organisation immediately if they believe that the data is inaccurate, either as a result of a subject access request or otherwise. The Organisation will take immediate steps to rectify the information.
For further information on making a subject access request, employees should refer to our subject access request policy, available from Laura Phillips.
Data disclosures
The Organisation may be required to disclose certain data/information to any person. The circumstances leading to such disclosures include:
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any employee benefits operated by third parties
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disabled individuals - whether any reasonable adjustments are required to assist them at work
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individuals’ health data - to comply with health and safety or occupational health obligations towards the employee
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for Statutory Sick Pay purposes
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HR management and administration - to consider how an individual’s health affects his/her/their ability to do their job
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the smooth operation of any employee insurance policies or pension plans.
These kinds of disclosures will only be made when strictly necessary for the purpose.
Data security
The Organisation adopts procedures designed to maintain the security of data when it is stored and transported. More information can be found in the data transfer security policy, available from Laura Phillips.
In addition, employees must:
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ensure that all files or written information of a confidential nature are stored in a secure manner and are only accessed by people who have a need and a right to access them
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ensure that all files or written information of a confidential nature are not left where they can be read by unauthorised people
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refrain from sending emails containing sensitive work-related information to their personal email address
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check regularly on the accuracy of data being entered into computers
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always use the passwords provided to access the computer system and not abuse them by passing them on to people who should not have them
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use computer screen blanking to ensure that personal data is not left on screen when not in use.
We may share your data with:
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your recruitment agency
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Clients
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HM Revenue & Customs
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pension providers
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professional advisers where legally necessary (auditors, accountants)
Personal data relating to employees should not be kept or transported on laptops, USB sticks, or similar devices, unless authorised by Laura Phillips. Where personal data is recorded on any such device it should be protected by:
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ensuring that data is recorded on such devices only where absolutely necessary
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using an encrypted system — a folder should be created to store the files that need extra protection, and all files created or moved to this folder should be automatically encrypted
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ensuring that laptops or USB drives are not left lying around where they can be stolen.
Failure to follow the Organisation’s rules on data security may be dealt with via the Organisation’s disciplinary procedure. Appropriate sanctions include dismissal with or without notice dependent on the severity of the failure.
International data transfers
The Organisation does not transfer personal data to any recipients outside of the EEA.
Breach notification
Where a data breach is likely to result in a risk to the rights and freedoms of individuals, it will be reported to the Information Commissioner within 72 hours of the Organisation becoming aware of it and may be reported in more than one instalment.
Individuals will be informed directly in the event that the breach is likely to result in a high risk to the rights and freedoms of that individual.
If the breach is sufficient to warrant notification to the public, the Organisation will do so without undue delay.
Training
New employees must read and understand the policies on data protection as part of their induction.
All employees receive training covering basic information about confidentiality, data protection and the actions to take upon identifying a potential data breach.
The nominated data controller/auditors/protection officers for the Organisation are trained appropriately in their roles under data protection legislation.
All employees who need to use the computer system are trained to protect individuals’ private data, to ensure data security, and to understand the consequences to them as individuals and the Organisation of any potential lapses and breaches of the Organisation’s policies and procedures.
Records
The Organisation keeps records of its processing activities including the purpose for the processing and retention periods in its HR data record. These records will be kept up to date so that they reflect current processing activities.
Data Protection Officer
The Organisation’s Data Protection Officer is Laura Phillips. Laura can be contacted at laura.phillips@phillipspayroll.com.
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EQUALITY AND DIVERSITY POLICY
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Introduction
We are an equal opportunities employer. We are committed to equality of opportunity and to providing a service and following practices which are free from unfair and unlawful discrimination. The aim of this policy is to ensure that no person receives less favourable treatment on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation, or is disadvantaged by conditions or requirements which cannot be shown to be relevant to performance. It seeks also to ensure that no person is victimised or subjected to any form of bullying or harassment.
The terms equality, inclusion, diversity and equity are at the heart of this policy. ‘Equality’ means ensuring everyone has the same opportunities to fulfil their potential free from discrimination. ‘Inclusion’ means ensuring everyone feels comfortable to be themselves at work and feels the worth of their contribution. ‘Diversity’ means the celebration of individual differences amongst the workforce. ‘Equity’ means recognising barriers and that some groups are more advantaged than others, and putting measures in place to eliminate these barriers, ensuring equal opportunities for all. We will actively support diversity, equity and inclusion and ensure that our workforce is valued and treated with dignity and respect. We want to encourage everyone in our business to reach their potential.
We value people as individuals with diverse opinions, cultures, lifestyles and circumstances. This policy covers all employees, officers, consultants, contractors, volunteers, casual workers and agency workers and it applies to all areas of employment including recruitment, selection, training, deployment, career development, and promotion. These areas are monitored and policies and practices are amended if necessary to ensure that no unfair or unlawful discrimination, intentional, unintentional, direct or indirect, overt or latent exists.
All managers must set an appropriate standard of behaviour, lead by example and ensure that those they manage adhere to the policy and promote our aims and objectives with regard to equal opportunities. Managers will be given appropriate training on equal opportunities awareness and equal opportunities recruitment and selection best practice.
The Director has particular responsibility for implementing and monitoring the Equality and diversity policy and, as part of this process, all personnel policies and procedures are administered with the objective of promoting equality of opportunity and eliminating unfair or unlawful discrimination.
All employees, workers or self-employed contractors whether part time, full time or temporary, will be treated fairly and with respect. Selection for employment, promotion, training, or any other benefit will be on the basis of aptitude and ability. All employees will be helped and encouraged to develop their full potential and the talents and resources of the workforce will be fully utilised to maximise the efficiency of the Company.
Equality of opportunity, valuing diversity and compliance with the law is to the benefit of all individuals in our Company as it seeks to develop the skills and abilities of its people. While specific responsibility for eliminating discrimination and providing equality of opportunity lies with managers and supervisors, individuals at all levels have a responsibility to treat others with dignity and respect. The personal commitment of everyone to this policy and application of its principles are essential to eliminate discrimination and provide equality and equity throughout the Company.
Staff are invited to comment on this policy and suggest ways in which it might be improved by contacting Laura Phillips, Director.
Breaches of this policy will be dealt with in accordance with our Disciplinary Procedure. Serious cases of discrimination may amount to gross misconduct resulting in dismissal without notice.
If you believe that you have suffered discrimination you can raise the matter through our Grievance Procedure.
Our commitment as an employer
The Company is committed to:
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creating an environment in which individual differences and the contributions of our staff are recognised and valued
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everyone is entitled to a working environment that promotes dignity and respect to all. No form of intimidation, bullying or harassment will be tolerated
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providing training, development and progression opportunities to all staff
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understanding equality and inclusion in the workplace is good management practice and makes sound business sense
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reviewing all our employment practices and procedures to ensure fairness and inclusion for all
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taking steps to ensure equity amongst our workforce such as ensuring that our vacancies are advertised to a diverse range of potential candidates and, where relevant, to particular groups that have been identified as disadvantaged or underrepresented in our Company, taking positive action to recruit disabled people and ensuring there are no unlawful barriers to accessing our employment opportunities, training, progression opportunities, benefits and facilities
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diversity in our workforce will be regularly monitored to ensure equal opportunities throughout the Company. Where appropriate, measures will be taken to identify and remove unnecessary obstacles and to meet the special needs of disadvantaged or underrepresented groups
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monitoring and reviewing this policy annually.
Our commitment as a service provider
The Company is committed to:
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providing services to which all clients are entitled regardless of age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation
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making sure our services are delivered equally and meet the diverse needs of our service users and clients
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taking steps to ensure equity amongst our clients and service users such as removing any unlawful obstacles to accessing our services or facilities. Where appropriate, measures will be taken to identify and remove unnecessary barriers and to meet the special needs of disadvantaged or underrepresented groups
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fully supporting this policy by senior management and ensuring agreement has been reached with employee representatives, if applicable
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monitoring and reviewing this policy annually
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having clear procedures that enable our clients, candidates for jobs and employees to raise a grievance or make a complaint if they feel they have been unfairly treated.
Equal opportunity policy statements
Age
We will:
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ensure that people of all ages are treated with respect and dignity
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ensure that people are given equal access to our employment, training, development and promotion opportunities and
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challenge discriminatory assumptions about younger and older people.
Disability
We will:
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provide any reasonable adjustments to ensure disabled people have access to our services and employment opportunities. If we feel that a particular adjustment would not be reasonable, we will discuss this with you and try to find an alternative solution where possible
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challenge discriminatory assumptions about disabled people and
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seek to continue to improve access to information by ensuring availability of loop systems, braille facilities, alternative formatting and sign language interpretation
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If you are disabled or become disabled, we encourage you to tell us about your condition so that we can support you as appropriate
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We will keep the physical features of our premises under review to consider whether they might place anyone with a disability at a substantial disadvantage. Where necessary, we will take reasonable steps to improve access.
Race
We will:
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challenge racism wherever it occurs
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respond swiftly and sensitively to racist incidents and
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actively promote race equality and inclusion in the Company
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take positive action to redress the negative effects of discrimination against everyone
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offer equal access for everyone to representation, services, employment, training and pay and encourage other organisations to do the same.
Gender
We will:
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challenge discriminatory assumptions about gender
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take positive action to redress the negative effects of discrimination against everyone
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offer equal access for everyone to representation, services, employment, training and pay and encourage other organisations to do the same and
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provide support to prevent discrimination against transgender people who have or who are about to undergo gender reassignment.
Sexual orientation
We will:
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ensure that we take account of the needs of everyone, including the LGBTQ+ communities
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promote positive images of the LGBTQ+ communities
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challenge discriminatory assumptions about the LGBTQ+ communities
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take positive action to redress the negative effects of discrimination against everyone and
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offer equal access for everyone to representation, services, employment, training and pay and encourage other organisations to do the same.
Religion or belief
We will:
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ensure that employees’ religion or beliefs and related observances are respected and accommodated wherever possible and
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respect people’s beliefs where the expression of those beliefs does not impinge on the legitimate rights of others.
Pregnancy or maternity
We will:
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ensure that people are treated with respect and dignity during pregnancy or maternity leave
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challenge discriminatory assumptions about pregnancy or maternity and
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ensure that no individual is disadvantaged during pregnancy or maternity leave and that we take account of the needs of our employees’ during pregnancy or maternity leave.
Marriage or civil partnership
We will:
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ensure that people are treated with respect and dignity regardless of marriage or civil partnership status
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challenge discriminatory assumptions about the marriage or civil partnership of our employees and
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ensure that no individual is disadvantaged as a result of their marriage or civil partnership status.
Part time and fixed term work
Part time and fixed term staff should be treated the same as comparable full time or permanent staff and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate), unless different treatment is justified.
Equal pay
We will ensure that all employees have the right to the same contractual pay and benefits for carrying out the same work, work rated as equivalent work or work of equal value.
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ANTI-HARASSMENT AND BULLYING POLICY
Introduction
All members of staff are entitled to be treated with dignity and respect in their place of work. This means freedom from behaviour by colleagues that can be interpreted as bullying or harassment or that causes offense and access to redress if such behaviour does arise. It also means standards of everyday behaviour that contribute to a working environment in which mutual respect and individual dignity are maintained.
Personal harassment takes many forms but whatever form it takes, it is unlawful under the Equality Act 2010 and will not be tolerated.
For information on our zero-tolerance approach to sexual harassment in the workplace, including what behaviour can amount to sexual harassment, third-party sexual harassment and what to do if you witness or are subjected to sexual harassment, you should read our separate Sexual Harassment Policy.
This policy covers all areas of the Organisation’s organisation. [Optional] This includes overseas sites, subject to any applicable local laws which impose any additional requirements on the Organisation.
We recognise that we have a duty to implement this policy, and all employees are expected to comply with it. We will also endeavour to review this policy at regular intervals in order to monitor its effectiveness.
Bullying and harassment
Behaviour can constitute bullying or harassment where it violates the dignity of a member of staff on the grounds of their protected characteristics, such as:
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age
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disability
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gender reassignment
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marriage and civil partnership
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pregnancy or maternity
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race
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religion or belief
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sex
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sexual orientation.
Bullying and harassment can also be recognised through behaviour which creates an intimidating, hostile, degrading, humiliating or offensive environment. Individual or accumulative acts can seriously undermine the dignity, confidence and work satisfaction to such an extent that it has an effect on job performance and general happiness both inside and outside work.
Conduct becomes harassment if it persists and it has been made clear that it is regarded as offensive by the recipient or a witness to the conduct, although a single offensive act can amount to harassment if it is sufficiently serious.
Whatever form it takes, personal harassment is always taken seriously and is totally unacceptable.
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.
Scope
We deplore all forms of personal harassment and seek to ensure that the working environment is sympathetic to all our employees. The aim of this policy is 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.
Responsibilities
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Employee responsibilities
The Organisation requires its employees to behave appropriately and professionally at all times during the working day and this may extend to events outside of working hours which are classed as work-related, such as social events. Employees should not engage in discriminatory, harassing or aggressive behaviour towards any other person at any time.
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Any form of harassment or victimisation may lead to disciplinary action up to, and including, dismissal if it is committed:
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in a work situation
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during any situation related to work, such as a social event
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against a colleague or other person connected to the employer outside of a work situation, including on social media
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against anyone outside of a work situation where the incident is relevant to their suitability to carry out the role.
A breach of this policy will be treated as a disciplinary matter.
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Employer responsibilities
The Organisation will be responsible for ensuring all members of staff, including seniors and those within management positions, understand the rules and policies relating to the prevention of harassing and bullying behaviour at work and during work-related social events. We will promote a professional and positive workplace, whereby managers are alert and proactively identify areas of risk and incidents of harassment, sexual harassment and bullying.
We will also take into account aggravating factors, such as abuse of power over a more junior colleague, when deciding what disciplinary action to take.
Where an incident is witnessed, or a complaint is made under this policy, the Organisation will take prompt action to deal with this matter. All incidents will be deemed serious and dealt with in in a sensitive and confidential manner.
Definitions
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 that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
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Examples of harassment include:
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insensitive jokes and pranks
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spoken words
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written words
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lewd or abusive comments
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graffiti
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physical gestures
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facial expressions
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mimicry
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acts affecting a person’s surroundings
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aggression
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physical behaviour towards a person or their property
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deliberate exclusion from conversations
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displaying abusive or offensive writing or material
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abusive, threatening or insulting words or behaviour
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name-calling
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picking on someone or setting them up to fail
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exclusion or victimisation
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undermining their contribution/position
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demanding a greater work output than is reasonably feasible
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blocking promotion or other development/advancement.
These examples are not exhaustive and disciplinary action at the appropriate level will be taken against employees committing any form of personal harassment.
Sexual harassment
Sexual harassment can take place in many forms within the workplace and can go undetected for a period of time where employees do not understand that particular behaviour is classed as sexual harassment. Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. It can include:
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sexual comments or jokes
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displaying sexually graphic pictures, posters or photos
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suggestive looks, staring or leering
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propositions and sexual advances
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making promises in return for sexual favours
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sexual gestures
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intrusive questions about a person’s private or sex life or a person discussing their own sex life
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sexual posts or contact on social media
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spreading sexual rumours about a person
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sending sexually explicit emails or text messages
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unwelcome touching, hugging, massaging or kissing.
Sexual harassment can also take place where an employee is treated less favourably because they have rejected, or submitted to, the unwanted conduct that is related to sex or is of a sexual nature. Whether less favourable treatment occurs as a result will be examined broadly and includes areas such as blocking promotion and refusal of training opportunities or other development opportunities.
Less favourable treatment for rejecting or submitting to unwanted conduct
This occurs when:
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someone is subjected to unwanted conduct:
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of a sexual nature
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related to sex
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related to gender reassignment
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the unwanted conduct has the purpose or effect of:
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violating their dignity
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creating an intimidating, hostile, degrading, humiliating or offensive environment for them
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them being treated less favourably because they submitted to, or rejected, the unwanted conduct.
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Detrimental behaviour because of an association with a protected characteristic
Bullying and harassment may not be based on the fact that a colleague belongs to a particular group, but simply because the individual has been singled out for such treatment or associates with someone with a protected characteristic. For example, this would include claiming someone is gay when they are not or making fun of someone who has a disabled relative. The bullying and harassment may take the following forms, though again this is not intended as an exhaustive list:
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limiting or withdrawing verbal communication
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isolating a colleague by unfriendly behaviour
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behaviour designed to belittle or produce anxiety in a colleague
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unreasonable scrutiny of work
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unreasonable criticism of work and adopting double standards in expectations of work performance
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unreasonable denial of leave and/or special leave requests
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unreasonable denial of requests for flexible working
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work or staff social activities that deliberately exclude a colleague
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jokes or inappropriate humour at the expense of a colleague.
Standards of work behaviour
Courtesy towards colleagues.
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Consideration and understanding of the work demands of colleagues.
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Maintaining a temperate tone, and temperate language, in all verbal and written communication with colleagues.
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Avoidance of the use of foul language.
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Awareness of language and conduct which have the potential to offend a colleague.
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Obtaining the express or implied permission of a colleague before adopting familiarity in conduct or language.
Circumstances which are covered
This policy covers behaviour which occurs in the following situations:
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a work situation
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a situation occurring outside of the normal workplace or normal working hours which is related to work, eg a working lunch or social event with colleagues
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outside of a work situation but against a colleague or other person connected to the Organisation, including on social media
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against anyone outside of a work situation where the incident is relevant to their suitability to carry out the role.
Third-party harassment
Third-party harassment occurs when one of our workforce is subjected to harassment by someone who is not part of our workforce but who is encountered in connection with work. This includes our customers, suppliers, members of the public, etc. Third-party harassment of our workforce will not be tolerated.
Should you be subjected to third-party harassment, you are encouraged to report this as soon as possible to Laura Phillips.
Should a customer harass a member of our workforce, they will be warned that continued provision of our service to them will cease if they are to act in a similar way again. Should their behaviour recur, they will be informed that our service to them will cease. Any criminal acts will be reported to the police and we will share information relating to the incident with our other branches to ensure that we maintain a consistent approach to the cessation of our services.
Examples of victimisation
Victimisation takes place when an employee is treated unfavourably as a direct result of raising a genuine complaint of discrimination or harassment. Furthermore, any employee who supports or assists another employee to raise a complaint is also subjected to victimisation if they are treated unfavourably.
Complaining about harassment and/or bullying
The Organisation is committed to ensuring that there is no harassment or bullying in the workplace. Allegations of harassment will be treated as a disciplinary matter, although every situation will be considered on an individual basis and in accordance with the principles of the grievance and disciplinary procedures, a copy of which is available from Laura Phillips.
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Informal method
We recognise that complaints of personal 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.
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.
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Formal method
Where the informal approach fails or if the harassment is more serious, you should bring the matter to the attention of Laura Phillips as a formal written grievance 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:
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the name of the alleged harasser
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the nature of the alleged harassment
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the dates and times when the alleged harassment occurred
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the names of any witnesses
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any action already taken by you to stop the alleged harassment.
Where it is not possible to make the formal complaint to the above-named person, eg where they are the alleged harasser, we would encourage you to raise your complaint to your main contact at your recruitment agency/client.
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.
On conclusion of the investigation, which will normally be within 7 days of the meeting with you, a report of the findings will be submitted to the manager who will hold the grievance meeting.
You will be invited to attend a meeting at a reasonable time and location to discuss the matter once the person hearing the grievance has had opportunity to read the report. You have the right to be accompanied at such a meeting by a colleague 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.
You will be able to put your case forward at the meeting and the manager will explain the outcome of the investigation. You have a right to appeal the outcome, which is to be made to Laura Phillips within 5 days of receiving the outcome.
If the decision is that the allegation is well-founded, the harasser will be liable to disciplinary action in accordance with our disciplinary procedure up to and including dismissal. When deciding on the level of disciplinary sanction to be applied, we will take into consideration aggravating factors such as abuse of power over a more junior colleague.
The Organisation is committed to ensuring employees are not discouraged from using this procedure and no employee will be victimised for having brought a complaint. However, if it is concluded that the complaint is both untrue and has been brought with malicious intent, disciplinary action will be taken against you.
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SEXUAL HARASSMENT POLICY
All members of staff are entitled to be treated with dignity and respect in our place of work. This means freedom from sexual harassment, feeling safe and supported and having access to redress if such behaviour does arise.
Sexual harassment takes many forms, but whatever form it takes it is unlawful under the Equality Act 2010 (EqA) as amended. We will not tolerate it.
The law requires employers to take reasonable steps to prevent sexual harassment of their workers. We take action to prevent sexual harassment from occurring and have clear reporting procedures for our staff to make a complaint about sexual harassment. If you have been sexually harassed, or you have witnessed sexual harassment, we encourage you to tell us so that we can deal with the matter swiftly. Our reporting procedure is set out below.
Craig Phillips has overall responsibility for the operation of this policy but may delegate elements of implementation or decision-making to a manager. Our managers will maintain an open-door policy and we encourage all staff to come forward with any concerns in relation to sexual harassment. All our staff have a responsibility to behave in line with the requirements of this policy.
Instances of sexual harassment or victimisation may lead to disciplinary action up to, and including, termination of employment.
This policy is reviewed regularly to ensure it remains up to date and in order to monitor its effectiveness. Any changes required will be implemented and communicated to our workforce.
Scope
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We deplore all forms of sexual harassment and seek to ensure that the working environment is safe and supportive to all those who work for us. This includes employees, workers, agency workers, volunteers and contractors in all areas of our Organisation, including any overseas sites.
Definitions
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Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person. It also covers treating someone less favourably because they have submitted to, or refused to submit to, unwanted conduct of a sexual nature or in relation to gender reassignment or sex.
Sexual harassment may be committed by a fellow worker, an agent of an organisation, or a third party. It does not need to occur in person. It can occur via digital means, including social media sites or channels (eg WhatsApp). Someone may be sexually harassed even if they were not the target of the behaviour. Examples of sexual harassment include, but are not limited to:
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sexual comments or jokes, which may be referred to as “banter”
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displaying sexually graphic pictures, posters or photos
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suggestive looks, staring or leering
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propositions and sexual advances
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making promises in return for sexual favours
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sexual gestures
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intrusive questions about a person’s private or sex life or a person discussing their own sex life
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sexual posts or contact in online communications, including on social media
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spreading sexual rumours about a person
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sending sexually explicit emails, text messages or messages via other social media
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unwelcome touching, hugging, massaging or kissing
Victimisation is subjecting someone to detriment because they have done, are suspected of doing, or intend to do, an act which is protected under discrimination and harassment laws. These are outlined below. It is not necessary for the person to have done the protected act in order for detrimental treatment to be considered as victimisation.
The protected acts are:
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making a claim or complaint under the EqA (eg for discrimination or harassment)
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helping someone else to make a claim by giving evidence or information in connection with proceedings under the EqA
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making a claim or complaint under the EqA (eg for discrimination or harassment)
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making an allegation that someone has breached the EqA
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doing anything else in connection with the EqA.
Examples of victimisation may include:
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failing to consider someone for promotion because they have previously made a sexual harassment complaint
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dismissing someone because they accompanied a colleague to a meeting about a sexual harassment complaint
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excluding someone from work meetings because they gave evidence as a witness for another employee as part of an employment tribunal claim about harassment.
Circumstances which Are Covered
This policy covers behaviour which occurs in the following situations:
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an interaction occurring during your working hours in the course of your work
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an interaction occurring outside of the normal workplace or normal working hours which is related to work, eg a working lunch, a business trip or social functions
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an interaction occurring outside the course of your work but involving a colleague or other person connected to the Organisation, including on social media
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an interaction occurring outside the course of your work and against any other person where the incident is relevant to your suitability to carry out the role.
What to do if You Are Subject to Sexual Harassment or Victimisation
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We are committed to ensuring that there is no sexual harassment or victimisation in the workplace. Allegations of sexual harassment and victimisation will be treated as a disciplinary matter, although every situation will be considered on an individual basis and in accordance with the principles of our disciplinary procedures, a copy of which is available from Craig Phillips.
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Informal complaint
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We recognise that complaints of sexual harassment or victimisation can be of a sensitive or intimate nature and that you may wish 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 the same person who will be responsible for investigating the matter if it becomes a formal complaint.
If you experience sexual harassment and you feel comfortable to do so, 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.
In addition, you may also choose to raise concerns during your regular communication with your manager, eg in a one-to-one meeting. Your manager will listen to you and take your concerns seriously if you do this and may encourage you to follow the reporting procedures set out below. If you don’t have a one-to-one meeting scheduled with your manager, you can ask to meet with them to discuss any concerns that you may have.
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Formal complaint
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Where the informal approach fails or if the sexual harassment or victimisation is more serious, you should bring the matter to the attention of Craig Phillips as a formal written complaint and again your confidential helper can assist you in this.
If possible, you should keep notes of what happened so that the written complaint can include:
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the name of the alleged harasser
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the nature of the alleged harassment
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the dates and times when the alleged harassment occurred
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the names of any witnesses
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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. The meeting will normally be held within five working days of receipt of your complaint. 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 may be dealt with under the disciplinary procedure.
On conclusion of the investigation, which will normally be within 10 working days of the meeting with you, the decision of the investigator, detailing the findings, will be sent in writing to you.
You have the right to appeal against the findings of the investigator. If you wish to appeal, you must inform Craig Phillips within five working days of receiving the outcome. You will then be invited to a further meeting. As far as reasonably practicable, the Organisation will be represented by a more senior manager than the manager who attended the first meeting (unless the most senior manager attended that meeting).
Following the appeal meeting, you will be informed of the final decision, normally within 10 working days, which will be confirmed in writing.
Regardless of the outcome of the procedure, we are committed to providing the support you may need. This may involve mediation between you and the other party or some other measure to manage the ongoing working relationship.
You will not be victimised for having brought a complaint.
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What to do if You Witness Sexual Harassment or Victimisation
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If you witness sexual harassment or victimisation, you are encouraged to take appropriate action to address it. You should not take any action that may put you at risk of sexual harassment or other harm. If you feel able, you should intervene to prevent the matter continuing. If you are not able to do this, your action may include offering support to the person who has been sexually harassed and encouraging them to report the incident or reporting the incident yourself.
If reporting the incident, you should bring the matter to the attention of Craig Phillips in writing. Alternatively, you can report instances of sexual harassment by emailing craig.phillips@phillipspayroll.com. Our online means of reporting sexual harassment are continually monitored.
Your concerns will be handled by Craig Phillips who will sensitively talk to the person subject to sexual harassment to determine how they want the matter to be handled.
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Third-party Sexual Harassment
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Third-party sexual harassment occurs when a member of our workforce is subjected to sexual harassment by someone who is not part of our workforce but who is encountered in connection with work. This includes our customers, suppliers, members of the public, clients, friends and family of colleagues, self-employed contractors, etc.
Third-party sexual harassment of our workforce is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties and we are committed to doing so.
The law does not provide a mechanism for individuals to bring a claim of third-party harassment alone. However, failure for an employer to take reasonable steps to prevent third-party sexual harassment may result in legal liability in other types of claim.
In order to prevent third-party sexual harassment from occurring, we will:
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inform third parties (ie clients) of our zero-tolerance sexual harassment policy within our documentation.
If you have been subjected to third-party sexual harassment, you are encouraged to report this as soon as possible to Craig Phillips.
Should a customer sexually harass a member of our workforce, we will warn the client or customer about their behaviour. Any criminal acts will be reported to the police.
We will not tolerate sexual harassment by any member of our workforce against a third party. Instances of sexual harassment of this kind may lead to disciplinary action, including termination of employment.
Disciplinary Action
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If the decision is that the allegation of sexual harassment or victimisation is well founded, the harasser/victimiser will be liable to disciplinary action in accordance with our disciplinary procedure up to, and including, summary dismissal. An employee who receives a formal warning or who is dismissed for sexual harassment/victimisation may appeal by using our disciplinary appeal procedure.
When deciding on the level of disciplinary sanction to be applied, we will take into consideration any aggravating factors affecting the case. One example of aggravating factors is an abuse of power over a more junior colleague.
If, due to the investigation, it is concluded that your complaint is both untrue and has been brought with malicious intent, disciplinary action will be taken against you.
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Training
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We provide training to all our staff on sexual harassment to ensure there is a clear understanding of:
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what sexual harassment is, how it may occur and that it will not be tolerated
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expected levels of behaviour
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how they can report any incidents of having been sexually harassed or having witnessed it
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how acts of harassment will be dealt with under the disciplinary procedure, which can potentially result in dismissal.
We ensure that all levels of management are trained on implementing this policy, including preventing and managing sexual harassment in the workplace and the procedure to follow if an allegation is reported.
We will regularly review the effectiveness of our training.
We provide refresher training as appropriate.
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​​PENSION SCHEME
The Company operates a group pension scheme and, in compliance with the employer pension duties under the Pensions Act 2008, you will be enrolled as an active member of this scheme (or such other registered pension scheme as may be established by the Company to replace the scheme) 3 months from the start of your employment, unless you request otherwise. You will be subject to the trust deed and rules of the scheme as are in force from time to time and HM Revenue & Customs requirements. The Company reserves the right to vary, amend or withdraw the scheme, or any of its rules or benefits, at any time. Full details of the scheme, including the rules, conditions of eligibility and the rates of contributions and benefits, will be sent to you before your auto enrolment date.
HOLIDAY POLICY
The holiday year runs from 1 January to 31 December.
If you join mid-year, your entitlement is calculated on a pro-rata basis.
All employees are entitled to 5.6 weeks’ paid holiday per holiday year, which equates to:
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28 days for a full-time employee, inclusive of public holidays, or
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a pro-rata amount if you work part-time or variable hours.
If your hours vary, holiday entitlement accrues based on actual hours worked at the statutory rate of 12.07% of hours worked.
Holiday continues to accrue during statutory leave (e.g., maternity, adoption, shared parental leave) and in certain sickness-related situations.
Bank holidays are not automatically paid. If you want a bank holiday as paid leave, it must be treated as annual leave, and approved by both Phillips Payroll and the Client.
If you work on a bank holiday, payment is based on assignment terms.
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You must request holiday from Phillips Payroll, and the Client (or your agency, if that is the agreed route).
Requests must normally be made at least 2 weeks in advance.
Do not book travel until leave is formally approved. Approval is not guaranteed.
Holiday Pay Calculation
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Holiday pay is calculated using the statutory method of 12.07% of hours worked.
Holiday pay may include basic pay and regular overtime or variable earnings.
Holiday pay does not include expenses or one-off or discretionary payments.
If holiday pay is paid separately (rolled-up), this is made transparent on your payslip.
You may only take holiday from your accrued balance.
If you have not accrued enough hours, the request may be refused or treated as unpaid leave.
Because assignments are Client-led, extended holiday may affect assignment continuation.
Unauthorised Holiday and Absence
Time off taken without approval from both Phillips Payroll and the Client (or agency, where this is the agreed route) will be treated as unauthorised absence.
Unauthorised absence may result in:
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loss of pay for the period of absence
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disciplinary action, up to and including termination of employment
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possible removal from a Client assignment
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If you fail to attend work and do not follow our reporting procedures, this will also be treated as unauthorised absence.
You must not take leave, paid or unpaid, unless it has been formally approved in advance.
Rolled-Up Holiday Pay
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In some arrangements, the Company may use rolled-up holiday pay, subject to strict transparency requirements.
Where rolled-up holiday pay applies:
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You will accrue holiday at 12.07% of hours worked, in the same way as all variable-hours workers.
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Holiday pay will be paid at the same time as your normal wages, rather than at the time leave is taken.
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The rolled-up holiday element will appear as a separate, clearly identified line on your payslip.
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Although holiday pay is paid in advance through rolled-up arrangements, you are still required to take annual leave for rest and wellbeing.
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The amount of rolled-up holiday pay will equal the statutory entitlement you would otherwise have been paid when taking leave.​
Rolled-up holiday pay will only be used where:
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it is expressly stated in your assignment documentation
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all payments are transparent and itemised
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payslips clearly label the rolled-up holiday amount
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it complies with current statutory and procedural requirements
You retain the right to take paid time off work, in the sense of leave from duties, even where rolled-up holiday pay is used.
If you wish to request a move to or from a rolled-up holiday pay arrangement, please contact Phillips Payroll to discuss available options. Changes may depend on contractual terms or assignment structure.
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MATERNITY, PATERNITY, NEONATAL AND ADOPTION LEAVE AND PAY POLICY
Eligible Phillips Payroll employees are entitled to Maternity, Paternity, Neonatal and Adoption leave and pay as per the statutory guidelines. Further details of these are available in our relevant Family friendly policies.
SHARED PARENTAL LEAVE
Eligible Phillips Payroll employees are entitled to shared parental leave as per the statutory guidelines.
UNPAID PARENTAL LEAVE
As well as Shared Parental Leave, any eligible employee who has or expects to have responsibility for a child is entitled to take Unpaid Parental Leave to care for that child.
NEONATAL CARE LEAVE
Employees have a statutory right to neonatal care leave from day one of employment where they are responsible for a baby receiving neonatal care as per the statutory guidelines.
TIME OFF FOR DEPENDANTS
You are legally entitled to take a reasonable amount of time off to deal with certain prescribed emergencies involving certain dependants. This leave is called Time Off for Dependants. Time Off for Dependants can be taken, for example, if a dependant falls ill or is injured, if care arrangements break down, or to arrange or attend a dependant's funeral. A dependant is your child (including adopted child), husband, wife, or parent. It also includes someone who lives in your household, and someone who reasonably relies on you, such as an elderly relative. Any time taken off must be necessary and reasonable in the particular circumstances. Time Off for Dependants is not paid.
ANTENATAL APPOINTMENTS
After 12 weeks of continuous employment, you will be entitled to paid time off to attend your own antenatal appointments. If you are required to accompany someone else to an antenatal appointment, you will be entitled to the time off without pay.
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GRIEVANCE AND DISPUTE PROCEDURE
Policy
The purpose of this policy is to provide employees with a readily accessible procedure for addressing any problems or concerns they may have at work. This procedure should not replace normal employee–manager dialogue. However, where such informal dialogue has failed to resolve an issue of concern, then an employee may utilise this procedure in an effort to have an issue resolved to their satisfaction.
It is accepted that when people work together there will inevitably be situations where misunderstandings, problems or concerns need to be resolved. It is the policy of the Organisation that a culture of good communication, openness and a willingness to co-operate and listen will exist. Therefore, it is envisaged that the majority of these issues or misunderstandings will be capable of being addressed informally in an efficient and effective manner. However, where such issues are unresolved they may become grievances. Employees are encouraged to seek resolution of an issue by utilising this procedure.
At each grievance meeting held under the formal procedure, the employee has a right to be accompanied by a colleague or a trade union official.
The grievance procedure should not be used to lodge appeals against disciplinary sanctions. The Organisation’s disciplinary procedure contains sufficient mechanism for dealing with an employee’s dissatisfaction at a disciplinary sanction applied to them.
The Organisation reserves the right to engage external third-party assistance at any stage of the grievance process.
This procedure does not constitute contractual terms and conditions. The Organisation reserves the right to amend any provision of this procedure subsequent to appropriate consultation.
This policy fully incorporates the provisions of the Acas code.
Procedure
In order to provide an effective and timely resolution of employee concerns, the following procedure will be followed to ensure that employee complaints or problems receive full and careful attention.
Reasonable adjustments will be made to the procedure for disabled employees. Any employee who experiences difficulty with the procedure for any reason should seek assistance from the Director.
Informal discussion
Employees are encouraged to approach their line manager in the first instance to discuss issues and attempt to informally resolve them. Informal discussion can frequently solve problems without the need for written record. Employees should receive an outcome within five days, however if the line manager should determine this is not possible, the reasons for this and estimated length of delay will be communicated to the employee.
If an employee is dissatisfied with the outcome, they may invoke the formal grievance procedure.
Formal procedure
1. Initiating the grievance procedure
The employee should raise the grievance in writing with their line manager. This should explain the nature and extent of the grievance and indicate the outcome the employee is looking for.
If the employee’s grievance relates to concerns regarding their line manager, the employee should contact an alternative manager to whom their grievance can be raised.
Concerns regarding any matter which would fall within the scope of legislation on public interest disclosures (otherwise known as whistleblowing) must be raised under the whistleblowing policy.
2. Grievance hearing
A meeting will be arranged between the line manager and the employee. A minute taker will also be present. The employee may be accompanied by a fellow colleague or trade union official. The meeting will be held to discuss the grievance in detail and the employee should take any documents or evidence they have regarding the grievance to the meeting.
The line manager will complete a full investigation into the matter. This may involve holding investigation meetings with witnesses, requiring witness statements to be produced and reviewing written evidence.
A decision will be taken by the line manager following the investigation and the grievance will be responded to, in writing, within five working days of the meeting being held, however if the grievance chair should determine this is not possible, the reasons for this and estimated length of delay will be communicated to the employee. The employee will be informed of actions to take if they wish to appeal the outcome.
Minutes of the meeting will be taken and copies will be made available to the employee. A copy of the minutes will be stored by the Organisation.
3. Appeal
Where the employee is dissatisfied with the outcome of the grievance, the matter will progress to be heard by an employee senior to the grievance chair as an appeal hearing. The employee should write to the appeal chair setting out the reasons for their dissatisfaction. The appeal will involve the same procedural steps as the grievance and the outcome will be provided to the employee within five working days of the appeal being held, however if the appeal chair should determine this is not possible, the reasons for this and estimated length of delay will be communicated to the employee.
There will be no further stage of appeal. The decision on the grievance will be final.
Simultaneous grievance and disciplinary matters
The Organisation will make a decision on how to progress matters when an employee raises a grievance about a disciplinary procedure involving them. Acas guidance suggests that disciplinary hearings may be suspended for a short duration while the grievance is investigated. The Organisation will assess the exact nature of the grievance and will have the final say over suspension of a disciplinary procedure.
Extending timescales under the procedure
The timescales outlined in this procedure will be adhered to whenever this is reasonably practicable. There may be extenuating circumstances that are outside of either parties’ control, for example, where a key witness is unavailable or the grievance requires extensive investigation.
Where it is not reasonably practicable to adhere to the deadlines, both parties will discuss any extension to the timelines.
Mediation
The Organisation reserve the right to seek assistance from external mediators at any stage in the grievance procedure. Where both parties agree to undertake mediation, the grievance process will be suspended whilst this is ongoing.
Protection against detriment
Nothing in this procedure is intended to prevent the employee from raising any concerns they have. Employees who raise concerns under this procedure will not be subject to any detrimental or less favourable treatment as a result of doing so.
Where the grievance is made with malicious intent, the employee will be subject to the Organisation’s disciplinary procedure.
Ex-employees
Should a grievance be raised by an employee leaving the Organisation, where possible the grievance procedure will be concluded whilst they remain in employment. If it is not possible to conclude the process prior to their exit from the business, then it may be necessary to modify the procedure to complete it.
Should an ex-employee raise a grievance under this procedure, the Organisation reserves the right to modify the procedure outlined above. This includes, but is not limited to, providing a written response.
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DISCIPLINARY PROCEDURE
The Organisation is committed to treating all staff fairly and equitably and to helping employees to perform effectively. However, there will be occasions when it may be necessary to invoke disciplinary procedures. Should the need arise, the employee will be given the opportunity to improve throughout the stages of the procedure.
When work falls below an acceptable standard, help will be given to the employee to improve. If standards of work continue to fall and there is a necessity for action, it will automatically begin with a pre-disciplinary informal discussion. Similarly, when an employee’s behaviour is potentially inappropriate and unacceptable, it will mean the initiation of a pre-disciplinary informal discussion or the disciplinary procedure, depending on the severity.
If disciplinary action should become necessary, each case will be treated consistently and fairly and the disciplinary procedure will be observed at all steps. The employee will be given the opportunity to provide their version of events and any extenuating circumstances will be considered. An employee’s rights will be upheld at all times and employees will have the right to:
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know the case against them
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reply
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due consideration of their case
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be accompanied
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appeal.
This policy is adopted on a non-contractual basis and therefore does not make up part of employees’ contractual terms and conditions.
Investigation
Prior to taking the decision to invoke the disciplinary procedure, the Organisation will ensure that a thorough investigation is carried out. This is a fact-finding process and may necessitate the gathering of detailed information as well as the carrying out of formal interviews, taking of written statements, etc.
A proper investigation is an integral part of the process and, where an allegation of gross misconduct is involved, may require employees to be suspended on contractual pay whilst this is carried out. Suspension on pay is not considered to be a sanction taken under the disciplinary procedure. It is there to ensure that issues are dealt with in a fair and reasonable manner and adequate protection is given to all employees. The employee will be given a letter explaining the suspension arrangement, including the requirement not to attend work but be available for meetings, eg investigatory meetings that may take place during their working hours. Prior to and during the suspension, the employee’s manager will ensure steps are taken to support the employee’s wellbeing.
Informal pre-disciplinary discussion
Where appropriate, prior to using the formal aspects of the Organisation’s disciplinary procedure, a pre-disciplinary discussion will be held with the employee.
Minor misconduct, poor performance or minor breaches of rules will normally result in an informal warning being given by the immediate manager. This will not be recorded as part of the disciplinary process. If that approach is not successful, the Organisation is likely to escalate it to the formal disciplinary procedure.
The disciplinary procedure
This procedure will be used in cases of a breach of the rules or poor performance that have not been remedied by an informal warning. Normally, the procedure will follow the steps listed below, although it is acceptable to move directly to steps two or three if a case is sufficiently serious.
For any formal hearings under the disciplinary procedure which may result in the issuing of a formal warning or termination of employment, employees have the right to have a work colleague or trade union representative present.
At each step in the procedure, a disciplinary meeting will be held where all the facts will be considered and any mitigating circumstances discussed. Where a warning is issued, a copy will be placed on the employee’s personnel file for a specified period. All warnings issued under this procedure will state clearly that the employee will be liable for further disciplinary action should their performance not improve or should there be a further breach of Organisation rules. In the event of no further misconduct occurring and the performance improving, the warning will be removed and the employee’s file will be clear. The employee will also be advised of their right to appeal against the decision to take disciplinary action.
The steps in the disciplinary procedure are as follows.
First written warning (step one)
A first written warning will be applied where the matters of concern are substantiated. A record of the first written warning will be given to the employee and a copy will be retained on the personnel file for six months unless there is repetition or another, unrelated, act of misconduct within this period. The employee will be informed that further misconduct within the specified period may result in further disciplinary action.
Final written warning (step two)
A final written warning will be applied where the matters of concern are substantiated. A record of the final written warning will be given to the employee and a copy will be retained on the personnel file for twelve months unless there is repetition or another, unrelated, act of misconduct within this period. The employee will be informed of their right of appeal and that further misconduct within the specified period may result in their dismissal.
Dismissal or action short of dismissal (step three)
An employee will be dismissed if they have failed to improve during the previous steps. In the event of a gross misconduct allegation, the Organisation may enter the process at step three and dismissal for first offences. Alternatively to dismissal, the Organisation may decide that suspension without pay, transfer or demotion are appropriate sanctions.
Employees who are dismissed under this procedure will be issued with a letter setting out the reasons for dismissal and other arrangements, including in relation to their final pay and their right to appeal.
Gross misconduct
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The following offences will be viewed by the organisation as gross misconduct:
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unauthorised use of the Organisation’s assets and equipment
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insubordination, eg refusal to carry out duties or obey reasonable instructions, except where employee safety may reasonably be in jeopardy
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intentional sexual harassment, harassment, bullying or violent, dangerous or intimidatory conduct
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serious breach of rules, policies or procedures, especially those designed to ensure safe operation
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divulging or misusing confidential information
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theft of fraud
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possession or consumption of alcohol or drugs, or intoxication by reason of alcohol or drugs, which could affect work performance in any way or have an impact on other employees
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unauthorised or inappropriate use of email, internet and/or computer systems
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falsification of any Organisation records including, but not limited to, reports, accounts, expenses claims or self-certification forms
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bringing unauthorised person(s) onto Organisation premises.
This list of examples is not exhaustive or exclusive and offences of a similar nature will be dealt with under this procedure. Gross misconduct will result in the initiation or escalation of the Organisation disciplinary procedure and may result in immediate dismissal without notice or pay in lieu of notice.
Appeals
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At every step, the employee has the right to appeal in writing. In all cases of dismissal or demotion, the managing director will be considered as the final arbiter.
Employees wishing to appeal should do so in writing within five working days of the decision. They will be invited to attend an appeal hearing, at which they will be given the right to be accompanied after which a decision will be made on whether the disciplinary sanction is to be upheld or overturned. The decision of the appeal panel will be final.
Third parties
We reserve the right to engage an independent third party to assist at any stage of the disciplinary procedure.
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HEALTH AND SAFETY POLICY
Purpose
This Health and Safety Policy sets out Phillips Payroll’s commitment to ensuring, so far as is reasonably practicable, the health, safety and welfare of all employees, including temporary workers assigned to Client premises. This version is written in a formal, detailed, compliance-focused style, suitable for regulated or higherrisk Client environments.
Phillips Payroll operates in accordance with the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999, and all other relevant health and safety legislation.
Because temporary workers perform duties under the daily direction and supervision of Clients, health and safety responsibilities are shared between:
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Phillips Payroll (your employer)
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the Client (the controlling workplace)
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you (the employee)
Employer responsibilities
Laura Phillips is the designated person with overall responsibility for ensuring our compliance with Health and Safety legislation. They will ensure that:
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our Health and Safety policy documentation is monitored, developed, communicated effectively, reviewed and amended as required
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a health and safety plan of continuous improvement is created and progress monitored
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staff understand the allocated responsibilities for health and safety defined in this policy
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suitable and sufficient funds, people, materials and equipment are provided to meet all health and safety requirements
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adequate insurance cover is provided and renewed
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competent persons are appointed to provide health and safety assistance and advice
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an adequate system of maintenance exists and operates to keep premises, plant and work equipment in a safe condition
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they communicate and consult with staff on health and safety issues
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an effective training programme is established to ensure staff are competent to carry out their work in a safe manner
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the monitoring activities required by this system are undertaken
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effective contingency plans are in place with a designated competent person in charge of the planning and control measures for situations involving imminent danger
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adequate training, information, instruction and supervision is provided to ensure that work is conducted safely
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health and safety objectives are set and their achievement is measured and reported in the annual report.
Responsibilities of the Client (the Workplace Controller)
The Client, as the organisation directing your daytoday tasks, is legally responsible for:
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providing a safe and healthy working environment
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conducting risk assessments and implementing appropriate control measures
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providing necessary training, induction and site-specific instructions
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supplying PPE, equipment and materials required for safe working
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ensuring safe systems of work are in place
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supervising your work and ensuring compliance with site rules
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managing fire safety, first aid and emergency procedures
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reporting workplace incidents under RIDDOR where required
You must follow all Client instructions and comply with their policies at all times.
Employee responsibilities
All employees are responsible for acting in a safe manner whilst at work. By understanding their responsibilities and following our safety rules, they will help the Organisation comply with their legal duties and contributing to the safe running of our workplace.
All employees have the responsibility:
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to take reasonable care of our own safety
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to take reasonable care of the safety of others affected by what we do or fail to do
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not to interfere with or misuse, intentionally or recklessly, anything provided in the interests of safety
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to co-operate so that we as individuals and our organisation can fulfil our legal duties e.g. comply with our safety rules
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to report any hazardous defects in plants and equipment, or shortcomings in the existing safety arrangements, to a responsible person without delay
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to set a good personal example in relation to health and safety.
First aid personnel have the responsibility to:
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administer First Aid in accordance with the current legislation and approved code of practice
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record all accidents that are reported to them in the Accident Book
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re-stock first aid boxes at regular intervals and when necessary.
Fire Marshals have the responsibility to carry out the duties for which they are trained when emergency evacuation of the workplace is required.
Responsibility for health and safety
Laura Phillips is responsible for the health and safety in this organisation. However, everyone in the organisation has responsibilities in relation to health and safety, as set out in this policy.
LEAVING PHILLIPS PAYROLL
If you wish to resign you must give the required written notice to your line manager as stated in your contract of employment. If Phillips Payroll decides to terminate your employment you will be notified in writing.
Unless your written statement of your main terms and conditions of employment specifies
longer periods of notice, the minimum periods of notice are one day either side.
If you leave without giving notice and without the Company’s agreement, you are in breach of your contract and you may forfeit some or all any salary due to you.
Before leaving, you must hand over to your client all articles belonging to the company including any documents, equipment and computer software used at home. Documents and software include (but are not limited to) correspondence, diaries, address books, databases, files, reports, plans, records or any other medium for storing information. You should not retain any copies, drafts, reproductions, extracts or summaries of documents and software.
After you have left the Company, you must not:
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Solicit or seek to entice away any Company staff
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Use or divulge to any person or organisation any confidential information relating to the business of Phillips Payroll.
Should your employment be terminated following disciplinary action it is likely you will receive payment in lieu of notice. However, as there are numerous reasons as to why someone is dismissed, payment in lieu of notice will be reviewed on an individual basis taking into consideration the reasons behind the dismissal.
Should you be dismissed for reasons of gross misconduct, your employment will be terminated immediately without the benefit of notice or payment in lieu of notice.
