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Draft Staff Handbook
Generated 2023-07-17-16:12:13 from RocketLawyer
Last edited 604 days ago by Adrian P Wilkinson [PP]
Introduction
This Staff Handbook has been designed to ensure that all staff understand the policies and procedures at Puffin Industries (Projects) Ltd. Although this does not override your employment obligations set out in your employment contract, it is an important part of the employment relationship, please ensure that you familiarise yourself with the full contents of this Staff Handbook.
Puffin Industries (Projects) Ltd reserves the right to change our Staff Handbook and policies from time to time, if any of the contents of this handbook are unclear, please contact Human Resources (HR) or your line manager.
This Staff Handbook was created using a document from (https://www.rocketlawyer.com/gb/en).
Contents
Workplace management policies
a. Health and Safety Policy
b. Equal Opportunities Policy
c. Anti-Harassment and Bullying Policy
Family policies
a. Maternity Policy
b. Paternity Policy
Data protection policies
a. Data Protection and Data Security Policy
b. Employee Privacy Notice
Absence management policies
a. Sickness Policy
b. Annual Leave Policy
c. Bereavement Policy
Management policies
a. Grievance Procedure
b. Flexible Working Policy
c. Working From Home Policy
d. Disciplinary procedure
Other policies
a. Environmental Policy
Workplace management policies
a. Health and Safety Policy
Purpose of policy
1. Puffin Industries (Projects) Ltd (the Employer, we, our or us) takes health and safety issues seriously and is committed to protecting the health and safety of its staff and all those affected by its business activities and attending its premises. This policy is intended to help the Employer achieve this by clarifying who is responsible for health and safety matters and what their responsibilities are.
2. This is a statement of policy only and does not form part of your contract of employment. This policy may be amended at any time by the Employer at its absolute discretion. The Employer will review this policy at regular intervals to ensure that it is achieving its aims effectively.
Who is responsible for workplace health and safety?
3. Achieving a healthy and safe workplace is a collective task shared between the Employer and staff. This policy and the rules contained in it apply to all staff of the Employer, irrespective of seniority, tenure, and working hours, including all employees, directors and officers, consultants and contractors, casual or agency staff, trainees, homeworkers, fixed-term staff and any volunteers. Specific responsibilities of staff are set out in the section headed "Responsibilities of all staff" below.
Employer responsibilities
4. The Employer is responsible for:
a. Taking reasonable steps to safeguard the health and safety of staff, people affected by the Employer's business activities, and people visiting its premises.
b. Identifying health and safety risks and finding ways to manage or overcome them.
c. Providing a safe and healthy place of work and safe entry and exit arrangements, including during an emergency situation.
d. Providing and maintaining safe working areas, equipment and systems and, where necessary, appropriate protective clothing.
e. Providing safe arrangements for the use, handling, storage and transport of articles and substances.
f. Providing adequate information, instruction, training and supervision to enable all staff to do their work safely, to avoid hazards and to contribute positively to their own health and safety at work. The Employer will give you the opportunity to ask questions and advise who best to contact in respect if you are unsure about how to safely carry out your work.
g. Ensuring any health and safety representatives receive appropriate training to carry out their functions effectively.
h. Providing a health and safety induction and appropriate safety training to your role, including:
· Electrical safety.
· The use of personal protective equipment (PPE).
· _________________.
i. Promoting effective communication and consultation between the Employer and staff concerning health and safety matters.
j. If an epidemic or pandemic alert is issued, providing instructions, arrangements and advice to staff as to the organisation of business operations and steps to be taken to minimise the risk of infection.
k. Regularly monitoring and reviewing the management of health and safety at work, making any necessary changes, and bringing those to the attention of all staff.
5. Overall responsibility for health and safety lies with the Board of Directors of the Employer. They have appointed the Managing Director as the Health and Safety Officer with day-to-day responsibility for health and safety matters.
6. Any concerns about health and safety matters should be communicated to the Health and Safety Officer.
Responsibilities of all staff
General staff responsibilities
7. All staff must:
a. Take reasonable care for their own health and safety and that of others who may be affected by their acts or omissions.
b. Co-operate with the Health and Safety Officer and the Employer generally to enable compliance with health and safety duties and requirements.
c. Comply with any health and safety instructions and rules, including instructions on the safe use of equipment.
d. Keep health and safety issues in the front of their minds and take personal responsibility for the health and safety implications of their own acts and omissions.
e. Keep the workplace tidy and hazard-free.
f. Report all health and safety concerns to the Health and Safety Officer promptly, including any potential risks, hazards or malfunctioning of equipment, however minor or trivial they may seem.
g. Co-operate in the Employer's investigation of any incident or accident which either has led to injury or which, in the Employer's opinion, could have led to injury.
Staff responsibilities relating to equipment
8. All staff must:
a. Use equipment as directed, following any instructions given by representatives of management or contained in any written operating manual or instructions for use, and adhering to any relevant training.
b. Report any fault with, damage to, or concern about any equipment (including health and safety equipment) or its use to the Health and Safety Officer, who is responsible for maintenance and safety of equipment.
c. Ensure that health and safety equipment is not interfered with.
d. Not attempt to repair equipment unless suitably trained and authorised.
Staff responsibilities relating to accidents and first aid
9. All staff must:
a. Promptly report any accident at work involving personal injury, however trivial, to the Health and Safety Officer so that details can be recorded in the Accident Book. They must also cooperate with any associated investigation.
b. Familiarise themselves with the details of first aid facilities and trained first aiders, which are available from the Health and Safety Officer.
c. If an accident occurs, dial +44 20 7072 1180 and ask for the duty first aider, giving name, location and brief details of the problem.
d. The Health and Safety Officer is responsible for investigating any injuries or work-related illnesses, preparing and keeping accident records, and for submitting reports under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), where required.
Staff responsibilities relating to national health alerts, including the Coronavirus (COVID-19) pandemic
10. If an epidemic or pandemic alert is issued, all staff must comply and co-operate with all instructions, arrangements and advice issued by the Employer as to the organisation of business operations and steps to be taken by staff to minimise the risk of infection. Any questions should be referred to the Health and Safety Officer.
11. Given the outbreak of Coronavirus (COVID-19), it is important that all staff members follow the guidelines set out in this policy to ensure maximum safety and to minimise the risk of infection. We will review these guidelines regularly to ensure they are kept up-to-date with Government guidance.
Staff responsibilities relating to emergency evacuation and fire
12. All staff must:
a. Familiarise themselves with the instructions about what to do if there is a fire which are available from the Health and Safety Officer.
b. Ensure they are aware of the location of fire extinguishers, fire exits and alternative ways of leaving the building in an emergency.
c. Comply with the instructions of firewardens if there is a fire, suspected fire or fire alarm (or a practice drill for any of these scenarios).
d. Co-operate in fire drills and take them seriously (ensuring that any visitors to the building do the same). Fire drills will be held at least once every 12 months.
e. Ensure that fire exits or fire notices or emergency exit signs are not obstructed or hidden at any time.
f. Notify the Health and Safety Officer immediately of any circumstances (for example, impaired mobility) which might hinder or delay evacuation in a fire. This will allow the Health and Safety Officer to discuss a personal evacuation plan for you, which will be shared with the fire wardens and colleagues working near to you.
13. On discovering a fire, all staff must:
a. Immediately trigger the nearest fire alarm and, if time permits, call reception and notify the location of the fire.
b. Attempt to tackle the fire ONLY if they have been trained or otherwise feel competent to do so. Nominated members of staff will be trained in the use of fire extinguishers.
14. On hearing the fire alarm, all staff must:
a. Remain calm and immediately evacuate the building, walking quickly without running, and following any instructions of the fire wardens.
b. Leave without stopping to collect personal belongings.
c. Stay out of any lifts.
d. Remain out of the building until notified by a fire warden that it is safe to re-enter.
15. The Health and Safety Officer is responsible for ensuring that fire risk assessments take place, that changes are made where required, and for making sure there are regular checks of fire extinguishers, fire alarms, escape routes, signage and emergency lighting.
Risk assessments and manual handling
16. Risk assessments are essentially a careful examination of what in the workplace could cause harm to people. The Employer will assess any risks and consider measures to best minimise any risk. The Employer will carry out general workplace risk assessments when required or as reasonably requested by staff. Managers must ensure that any necessary risk assessments take place and the resulting recommendations are implemented. The Health and Safety Officer is responsible for workplace risk assessments and any measures to control risks.
17. Personal Protective Equipment (PPE) is provided where risks cannot be otherwise effectively controlled.
18. Guidance on manual handling (for example, lifting and carrying heavy objects) can be obtained from the Health and Safety Officer and where necessary training will be provided by the Employer, but the Employer will try to minimise or avoid the need for manual handling where there is a risk of injury.
Display screen equipment (DSE)
19. The Employer is obliged to ensure that:
a. Risks to health and safety from DSE use (such as musculoskeletal disorders, visual fatigue and mental stress) are controlled.
b. Staff are aware of the potential risks to their health and safety from DSE use and the actions they can take to reduce these risks.
20. Further guidance on the use of display screen equipment can be obtained from the Health and Safety Officer.
Employer responsibilities
21. The Employer will:
a. Ensure DSE Assessments are carried out on each workstation and include the display screen equipment, furniture and working environment.
b. Where health and safety issues have been highlighted in the DSE Assessment, ensure that appropriate remedial action is taken to reduce any identified risks.
c. Maintain records of all DSE Assessments and risk assessments.
d. Encourage the early reporting by staff of any symptoms which may be related to visual display screen work.
e. In circumstances where an injury or ill health associated with DSE is identified, ensure that an incident or accident report is completed.
f. Plan the activities of users of DSE so that short, frequent breaks are taken to prevent intensive periods of on-screen activity.
Staff responsibilities
22. Staff will:
a. Cooperate with the completion of the workstation DSE assessment and all measures/training given to promote safe working practice.
b. Use equipment in the intended manner.
c. Adopt any advice given by the Employer to prevent intensive periods of on-screen activity.
d. Use any corrective glasses prescribed specifically for working with DSE.
e. Inform their line manager immediately if they experience any problems or ill-health which could affect their ability to work with DSE.
Workstation assessments
23. Workstation assessments must be carried out on each workstation. Responsibility for ensuring workstation assessments are carried out lies with the Health and Safety Officer.
25. DSE self-assessments should be carried out on:
a. New staff at induction.
b. Laptop users.
c. Homeworkers.
26. Staff should review their self-assessment annually, or when there are significant changes to their workstation.
Breaks
27. Staff are encouraged and will be expected to take opportunities for breaks in their work routine to prevent the onset of fatigue. See for more information, or speak with the Health and Safety Officer.
Eye tests
28. Staff are entitled to eye tests by a registered practitioner (Optician or Doctor) on the following occasions:
a. When they first become a user of DSE.
b. When requested by staff themselves.
c. At regular intervals thereafter on the recommendation of the practitioner (usually every 2 years).
d. When staff experience visual difficulties attributed to display screen use.
29. A voucher scheme is in operation. Vouchers entitle staff to a full eye test, as well as a pair of standard corrective glasses.
30. Please note that glasses are solely and specifically for DSE use, and cannot be combined with lenses for other uses, eg driving.
31. For more information, please contact the Health and Safety Officer.
Eye testing procedure
32. To request access to the voucher scheme, you must complete the relevant form, which can be requested from the HR Department or your line manager. The form must be signed by your line manager and sent to the HR Department or person in charge of HR. Your first voucher will then be issued, for you to redeem against a full eyesight test.
33. You are responsible for arranging your own appointment with the practitioner.
34. The practitioner will complete a Visual Display Unit (VDU) Certificate of Recommendation, which you should send to your line manager or the HR Department or person in charge of HR. You will then be issued a second voucher to be redeemed against the cost of a pair of standard corrective glasses.
Provision of information and training
35. Staff will be provided with adequate information and training on the following areas:
a. Risks from DSE and workstations.
b. Risk assessments and measures to reduce the risks.
c. Breaks and activity changes.
d. Eye tests.
e. Initial training.
f. Training when the workstation is modified, including in situations where the staff member is hot-desking.
Non-compliance with health and safety rules
36. Any breach of health and safety rules or failure to comply with this policy will be taken very seriously and is likely to result in disciplinary action against the offender, in accordance with the Employer's disciplinary policy, up to and including immediate dismissal.
b. Equal Opportunities Policy
Statement of policy and purpose of policy
1. Puffin Industries (Projects) Ltd (the Employer, we, our or us) is committed to equal opportunities for all staff and applicants.
2. It is our policy that all employment decisions are based on merit and the legitimate business needs of the organisation. We do not discriminate on the basis of race, colour or nationality, ethnic or national origins, sex, gender reassignment, sexual orientation, marital or civil partner status, pregnancy or maternity, disability, religion or belief, age or any other ground on which it is or becomes unlawful to discriminate under the laws of England, Wales and Scotland (referred to as Protected Characteristics).
3. Our intention is to enable all our staff to work in an environment which allows them to fulfil their potential without fear of discrimination, harassment or victimisation. Our commitment to equal opportunities extends to all aspects of the working relationship including:
a. recruitment and selection procedures;
b. terms of employment, including pay, conditions and benefits;
c. training, appraisals, career development and promotion;
d. work practices, conduct issues, allocation of tasks, discipline and grievances;
e. work-related social events; and
f. termination of employment and matters after termination, including references.
4. This policy is intended to help us achieve our diversity and anti-discrimination aims by clarifying the responsibilities and duties of all staff in respect of equal opportunities and discrimination. We will promote effective communication and consultation between us and staff concerning equal opportunities by means it considers appropriate.
5. The principles of non-discrimination and equal opportunities also apply to the way in which staff treat visitors, clients, customers, suppliers and former staff members.
6. This is a statement of policy only and does not form part of your contract of employment. This policy may be amended at any time by us, at our absolute discretion.
Who is responsible for equal opportunities?
7. Achieving an equal opportunities workplace is a collective task shared between us and all our staff. This policy and the rules contained in it, therefore, apply to all staff irrespective of seniority, tenure and working hours, including all employees, directors and officers, consultants and contractors, casual or agency staff, trainees, homeworkers and fixed-term staff and any volunteers or interns (referred to as Staff).
8. The Board of Directors of the Employer has overall responsibility for this policy and for equal opportunities and discrimination law compliance in the workplace and the the Managing Director has been appointed as the person with day-to-day operational responsibility for these matters.
9. All Staff have personal responsibility to ensure compliance with this policy, to treat colleagues with dignity at all times and not to discriminate against or harass other members of Staff, visitors, clients, customers, suppliers and former staff members. In addition, Staff who take part in management, recruitment, selection, promotion, training and other aspects of career development (referred to as Managers) have special responsibility for leading by example and ensuring compliance.
10. Managers must take all necessary steps to:
a. promote the objective of equal opportunities and the values set out in this policy;
b. ensure that their own behaviour and those of the Staff they manage complies in full with this policy; and
c. ensure that any complaints of discrimination, victimisation or harassment (including against themselves) are dealt with appropriately and are not suppressed or disregarded.
What is discrimination?
11. Discrimination occurs in different ways, some more obvious than others. Discrimination on the grounds of any of the Protected Characteristics is prohibited by law, even if unintentional, unless a particular exception applies.
Direct discrimination
12. Direct discrimination is less favourable treatment because of one of the Protected Characteristics. Examples would include refusing a woman a job as a chauffeur because you believe that women are not good drivers or restricting recruitment to persons under 40 because you perceive that a younger workforce to be more energetic or dynamic.
13. Direct discrimination can arise in some cases even though the person complaining does not actually possess the Protected Characteristic but is perceived to have it or associates with other people who do. For example, when a person is less favourably treated because they are (wrongly) believed to be homosexual or because they have a spouse who is Muslim.
Indirect discrimination
14. Indirect discrimination arises when an employer applies an apparently neutral provision, criterion or practice which in fact puts individuals with a particular Protected Characteristic at a disadvantage, statistically and this is unjustified. To show discrimination the individual complaining also has to be personally disadvantaged. An example would be a requirement for job candidates to have 10 years’ experience in a particular role, since this will be harder for young people to satisfy. This kind of discrimination is unlawful unless it is a proportionate means of achieving a legitimate aim.
Victimisation
15. Victimisation means treating a person less favourably because they have made a complaint of discrimination or have provided information in connection with a complaint or because they might do one of these things.
Harassment
16. Harassment is defined as unwanted conduct related to a relevant Protected Characteristic (within the Equality Act 2010) which has the effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.
17. Unlawful harassment may involve conduct of a sexual nature or it may be related to age, race, colour or nationality, ethnic or national origins, sex, gender reassignment, sexual orientation, disability, religion or belief, pregnancy or maternity.
18. Harassment can arise in some cases even though the person complaining does not actually possess a Protected Characteristic but is perceived to have it (for example, when a person is harassed because they are (wrongly) believed to be homosexual) or associates with other people who possess a Protected Characteristic (for example, because they have a spouse who is Muslim).
19. A person may also be subject to harassment even if they were not the intended target. For example, a person may be harassed by a sexist joke about a different gender if it created an offensive environment for them to work in.
20. Harassment may include:
a. use of insults or slurs based on a Protected Characteristic or of a sexual nature or other verbal abuse or derogatory, offensive or stereotyping jokes or remarks;
b. physical or verbal abuse, threatening or intimidating behaviour because of a Protected Characteristic or behaviour of a sexual nature;
c. unwelcome physical contact including touching, hugging, kissing, pinching or patting, brushing past, invading personal space, pushing grabbing or other assaults;
d. mocking, mimicking or belittling a person's disability, appearance, accent or other personal characteristics;
e. unwelcome requests for sexual acts or favours; verbal sexual advances, vulgar, sexual, suggestive or explicit comments or behaviour;
f. repeated requests, either explicitly or implicitly, for dates;
g. repeated requests for social contact or after it has been made clear that requests are unwelcome;
h. comments about body parts or sexual preference;
i. displaying or distributing offensive or explicit pictures, items or materials relating to a Protected Characteristic or of a sexual nature;
j. shunning or ostracising someone, for example, by deliberately excluding them from conversations or activities;
k. 'outing' or threatening to 'out' someone's sexual orientation (i.e. to make it known);
l. explicit or implicit suggestions that employment status or progression is related to toleration of, or acquiescence to sexual advances, or other behaviour amounting to harassment;
m. racists, sexist, homophobic or ageist jokes, and stereotypical remarks about a particular ethnic or religious group or gender;
n. posters, graffiti, obscene gestures, flags and emblems; and
o. isolation from normal work or study places, conversations or social events.
21. Other important points to note about harassment:
a. a single incident can amount to harassment;
b. behaviour that has continued for a long period without complaint can amount to harassment;
c. it is not necessary for an individual to intend to harass someone for their behaviour to amount to harassment;
d. it is not necessary for an individual to communicate that behaviour is unwelcome before it amounts to harassment; and
e. the onus is on each individual to be certain that their behaviour and conduct is appropriate and is not unwanted and in the case of doubt, you must refrain from such conduct.
Disability discrimination
22. This could be direct or indirect discrimination, and is any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.
Disabled persons
23. Any Staff member who considers that they may have a disability is strongly encouraged to speak with the the Managing Director particularly if they experience difficulties at work because of their disability so that any reasonable adjustments to help overcome or minimise difficulties can be discussed. For these purposes, disability includes any physical or mental impairment which substantially affects your ability to perform day-to-day activities and has lasted (or is likely to last) more than 12 months. Disclosure of this information will be treated in confidence, if you wish it to be, so far as is reasonably practicable and we will do our best to handle matters sensitively and to ensure that you are treated with dignity and with respect for your privacy.
24. We will consult with you about whether adjustments are needed to avoid you being disadvantaged and may ask you to see a doctor appointed by us, to advise on this. We will seek to accommodate your needs within reason. If we consider a particular adjustment unreasonable we will explain why and try to find an alternative solution.
25. Managers with responsibility for managing a member of Staff who they know or think to be disabled should speak to the the Managing Director to ensure that all relevant duties are complied with.
Making employment decisions fairly
26. As noted above, the Employer will recruit employees and make other employment decisions concerning promotion, training, dismissal and related issues. on the basis of objective criteria.
27. Managers should only stipulate criteria or conditions for employment decisions (including job selection, promotion and redundancy) which are based on a legitimate business need and which do not go further than is needed to satisfy that need. If you are in any doubt about whether particular criteria or conditions are indirectly discriminatory or justifiable, then please speak to the the Managing Director.
Recruitment
28. Managers involved in recruitment must:
a. specify only recruitment criteria that are relevant to the job, reflect genuine business needs and are proportionate. More than one person should be involved in shortlisting of applicants wherever practicable;
b. ensure that vacancies are advertised to a diverse audience and try to avoid informal recruitment methods that exclude fair competition. In very rare cases, it may be legitimate and necessary to restrict recruitment to a particular role to certain groups, but it is essential that this is discussed with the the Managing Director so that appropriate steps can be taken to ensure legality;
c. review job advertisements carefully to ensure that stereotyping is avoided and that particular groups are not unjustifiably discouraged from applying;
d. not ask applicants about health or disability before a job offer is made (other than in exceptional circumstances and after having been approved by the the Managing Director). If necessary a job offer can be expressed to be conditional upon satisfactorily passing a medical check;
e. not ask candidates about any Protected Characteristic if the question may demonstrate an intention to discriminate. For example, candidates should not be asked about current or future pregnancy, childcare or related matters;
f. not make assumptions about immigration status based on appearance, accent or apparent nationality; and
g. so far as reasonably practicable, keep a written record of their reasons for relevant decisions.
29. The Employer is legally required to verify that all employees have the right to work in the UK. Prior to starting employment, all employees must produce original documents to the Employer's satisfaction, irrespective of nationality. Information about the documents required is available from the the Managing Director.
Staff training, career development and promotion
30. Training needs may be identified during the normal appraisal process. Appropriate training to facilitate progression will be accessible to all staff.
31. All promotion decisions will be made on the basis of merit and according to proportionate criteria determined by legitimate business need.
Conditions of service
32. Access to benefits and facilities and terms of employment will be kept under review to ensure that they are appropriately structured and that no unlawful barriers to qualification or access exist.
Discipline and termination of employment
33. Any redundancy selection criteria and procedures that are used, or other decisions taken to terminate employment, will be fair and not directly or indirectly discriminatory.
34. Disciplinary procedures and penalties will be applied without discrimination, whether they result in disciplinary warnings, dismissal or other disciplinary action.
Discipline and termination of employment
35. Part-time and fixed-term staff will be treated the same as full-time or permanent staff of the same position and enjoy no less favourable terms and conditions (pro-rata, where appropriate), unless different treatment is justified.
What to do if you encounter discrimination
36. If you believe that you have been the victim of discrimination, you should follow the Employer's Grievance Procedure contained within this Staff Handbook.
37. Every member of Staff has a responsibility to combat discrimination if they encounter it. Staff who observe or are aware of acts that they believe amount to discrimination directed at others are encouraged to report these to the the Managing Director.
38. Any grievance or report raised about discrimination will be kept confidential so far as this is practicable. We may ask you if you wish your complaint(s) to be put to the alleged discriminator if disciplinary action appears to be appropriate. It sometimes may be necessary to disclose the complaint or take action even if this is not in line with your wishes, but we will seek to protect you from victimisation and, if you wish, we will seek to protect your identity. You should be aware that disciplinary action may be impossible without your co-operation or if you refuse to allow relevant information to be disclosed.
39. Staff who raise a complaint about or report discrimination in good faith will be protected from retaliation or victimisation. As long as you act in good faith, the fact that you have raised a complaint or report will not affect your position within the Employer, even if the complaint is not upheld. Making a false allegation deliberately and in bad faith is a misconduct offence and will be dealt with in accordance with our Disciplinary Procedure contained within this Staff Handbook. Any member of Staff who attempts acts of retaliation or victimisation may be subject to disciplinary action up to and including summary dismissal for gross misconduct.
40. If you make a complaint, it may be necessary to ask you to stay at home on paid leave while investigations are being conducted and the matter is being dealt with through the appropriate procedure. This may particularly be necessary in cases of alleged harassment.
Non-compliance with equal opportunities rules
41. Any breach of equal opportunities rules or failure to comply with this policy will be taken very seriously and is likely to result in disciplinary action against the offender, up to and including immediate dismissal.
42. Staff should also note that:
a. in some cases, they may be personally liable for their acts of discrimination and that legal action may be taken against them directly by the victim of any discrimination; and
b. it may be a criminal offence intentionally to harass another employee.
Review of this policy
43. The Board of Directors of the Employer will keep this policy under review.
44. The Employer encourages Staff to comment on this policy and suggest ways in which it might be improved or ask any questions if they are unsure about any part of this policy or how it is applied by contacting the the Managing Director.
c. Anti-Harassment and Bullying Policy
Statement and purpose of policy
1. Puffin Industries (Projects) Ltd (the Employer, we, our or us) is committed to providing a work environment free from harassment and bullying and ensuring that all staff are treated, and treat others, with dignity and respect.
2. This policy does not form part of any employment contract and the Employer retains the right to amend it at any time, at our absolute discretion.
What does this policy cover?
3. This policy covers harassment, victimisation and bullying which takes place within and outside of the workplace, including on business trips, work-related social functions or events.
4. This policy applies to all staff, irrespective of seniority, tenure and working hours, including all directors and officers, casual or agency staff, trainees, interns, fixed-term staff, volunteers, consultants and contractors. It also covers harassment and bullying by third parties, such as customers, suppliers or visitors to the business premises.
What are harassment and bullying?
5. Harassment is any behaviour as defined in the Section entitled ‘Harassment’ in the Employer's Equal Opportunities Policy contained in this Staff Handbook.
6. Bullying is any behaviour, be it physical, verbal or non-verbal, that is offensive, intimidating, malicious or insulting and that involves a misuse of power (e.g. a position of authority or physical strength), which can result in a person feeling vulnerable, upset, humiliated, undermined or threatened.
7. Examples of bullying include, but are not limited to:
a. unfair treatment;
b. inappropriate and/or derogatory remarks about a person’s performance;
c. physical or psychological threats;
d. overbearing and intimidating levels of supervision;
e. abuse of authority or power by those in positions of seniority;
f. constantly changing targets in order to cause someone to fail;
g. making false allegations; and
h. deliberately excluding someone from meetings or communications without good reason.
8. On their own, any reasonable, legitimate and constructive criticism or comments of a person’s performance or behaviour, or reasonable instructions given in the courts of employment, will not amount to bullying.
What is victimisation?
9. Victimisation occurs where a member of staff is subjected to detrimental treatment because they have, in good faith, made an allegation of harassment, or has indicated an intention to make such an allegation, or has assisted or supported another person in bringing forward such an allegation, or participated in an investigation of a complaint, or participated in any disciplinary hearing arising from an investigation.
10. We seek to protect all staff from victimisation arising as a result of bringing a complaint or assisting in an investigation where they act in good faith. Victimisation is a form of misconduct which may itself result in a disciplinary process.
What if you are being bullied or harassed?
11. If you are being bullied or harassed, consider if you feel able to raise the problem informally with the person responsible. Clearly explain to them that their behaviour is unwanted and makes you feel uncomfortable. If you cannot speak to the responsible person (for example, because it is too difficult or embarrassing), speak to your line manager or the HR Department, who can provide confidential advice and assistance in resolving the issue formally or informally.
12. If you are uncertain whether an incident or series of incidents amounts to bullying or harassment, contact your line manager or the HR Department for confidential advice.
13. If your request is ignored, the bullying or harassment continues and/or you would prefer to take formal action, you should raise the matter formally under the complaint procedure set out below.
14. A formal complaint about bullying or harassment should be made in writing and sent to the HR Department, identifying:
a. who has been bullying or harassing you;
b. the nature of the bullying or harassment;
c. the specific acts relied upon as constituting bullying or harassment;
d. when the alleged acts of bullying or harassment took place, including the dates and times where possible;
e. the names of any witnesses to any of the alleged acts of bullying or harassment; and
f. any action that has already been taken to attempt to stop the bullying or harassment from occurring (e.g. informally reporting it to your line manager).
15. You will be invited to attend a meeting with the HR Department to discuss your complaint. You must make every effort to attend any scheduled meeting under this policy.
16. You have the right to be accompanied by a companion to any meeting under this procedure. Your choice of companion will be agreed to if they are either a colleague, a trade union official or a trade union representative (which, if not an employed official, must be certified by their union as competent to accompany a worker) and under the circumstances, you have made a reasonable request to be accompanied.
17. Your complaint will be investigated in a confidential and timely manner, by someone with appropriate experience and no prior involvement in the complaint, where possible. Details of the investigation, including the names of the person accused of bullying or harassment and the person making the complaint, will be disclosed on a “need to know” basis. We will also consider if any steps are necessary to manage the ongoing relationship and the person accused of bullying or harassment.
18. When the investigation is completed, you will be informed of the Employer’s decision. If we consider that you have been bullied or harassed by a staff member, we will deal with the matter under the Employer's Disciplinary Procedure contained in this Staff Handbook as a case of possible misconduct or gross misconduct. If we consider that you have been bullied or harassed by a third party, such as a customer or visitor, we will consider what actions will be appropriate to deal with the problem. If you are unhappy with the decision, you can raise an appeal under the formal appeal procedure set out in the section entitled ‘Appeal’ below.
19. Regardless of whether your complaint is upheld, we will consider how best to manage any ongoing working relationship between you and the person concerned.
Appeal
20. If you are unhappy with the decision and you wish to appeal, you should contact the HR Department within 10 working days of the date of the decision, saying that you disagree with the decision and giving your reason(s) why and, where relevant, providing any new evidence you seek to rely on.
21. You will then be invited to an appeal hearing, normally within 5 working days of us receiving your letter of appeal.
22. Your appeal will be heard by an impartial manager or if necessary an independent HR advisor who has not been part of the process up until the appeal stage. Your appeal will either be a review of your complaint or a complete rehearing, at the Employer’s discretion.
23. After the meeting, you will be given a decision, normally within 24 hours. The Employer’s decision is final and there is no further right to appeal.
Supporting and protecting those involved
24. Staff who make complaints or who participate in good faith in any investigation under this policy must not suffer any form of victimisation or retaliation as a result. If you believe to have suffered such treatment, speak to your line manager or the HR Department. If the matter is not resolved or remedied, raise it formally under this policy, where appropriate.
25. Anyone found to have victimised or retaliated against someone will be subject to disciplinary action in accordance with the Employer's Disciplinary Procedure.
26. If an investigation under this policy concludes that a malicious or false claim of bullying or harassment has been made, the complainant may be subject to disciplinary action in accordance with the Employer's Disciplinary Procedure.
Keeping records
27. Information regarding any complaints made by or about a member of staff may be recorded on their personnel file, along with a record of the outcome and of any notes or other documents compiled during the process. Such data will be processed in accordance with the Employer's Data Protection and Data Security Policy which is contained in this Staff Handbook.
28. For more information on how we use personal data, refer to the Employer's Employee Privacy Notice, which is contained in this Staff Handbook.
Family policies
a. Maternity Policy
Statement and purpose of policy
1. Puffin Industries (Projects) Ltd (the Employer, we, our or us) recognises and respects the rights of expectant and recent mothers to take time away from work in connection with their maternity and childbirth. No one will be subjected to a detriment for exercising their right to take maternity leave in accordance with this policy or for seeking to do so.
2. The purpose of this policy is to ensure that staff and managers are clear about entitlements to maternity leave, the process that should be followed for arranging leave and the terms that apply during and after maternity leave.
3. This policy is intended to summarise your statutory rights except for the paragraphs dealing with the Employer's enhanced maternity pay policy. If there is a contradiction between any other section of this policy and the statutory maternity leave entitlements that apply at any time, this policy shall be deemed to be amended, as necessary, to comply with legislative requirements.
4. This is a statement of policy only and does not form part of your contract of employment. We may amend this policy at any time, at our absolute discretion.
Definitions
5. In this policy we will use the following definitions:
a. Expected Week of Childbirth: the week, starting on a Sunday, in which your doctor or midwife expects you to give birth.
b. Qualifying Week: the 15th week before the Expected Week of Childbirth.
What is maternity leave and who is eligible to take it?
6. Maternity leave is the right for qualifying employees to take up to 52 weeks of leave in connection with their pregnancy and/or birth of their child. Pregnant employees also have the right to time off work for antenatal appointments.
7. To be eligible for maternity leave you must:
a. be an employee (not a contractor or consultant);
b. be pregnant at the Qualifying Week; and
c. in general, comply with the notification requirements set out in this policy.
8. The right to take maternity leave is not dependent on your length of service, although to qualify for statutory maternity pay, you must have at least 26 weeks of service at the Qualifying Week.
9. You may be eligible to take shared parental leave instead of your full entitlement of maternity leave. For details about shared parental leave, contact your line manager or the HR Department.
Giving notice of your pregnancy
10. In all cases, we request that you tell us as soon as possible that you are pregnant so that we can ensure we comply with any health and safety requirements.
11. You must tell us before the end of the Qualifying Week, or as soon as reasonably practical afterwards, that you are pregnant, the dates of your Expected Week of Childbirth and when you would like your maternity leave to start.
12. You must also confirm your Expected Week of Childbirth by providing us with a certificate from a doctor or midwife (this will usually be on a MAT B1 form).
Antenatal appointments
13. During pregnancy, you may take time off from work to attend antenatal classes. You will be paid as normal. Please give us as much notice as you can of your intention to take time off. If you haven't already given us a certificate of your pregnancy from your midwife, doctor or health visitor then we will ask you to provide this and an appointment card for the class, except for the first appointment.
Health and safety during your pregnancy
14. As well as our normal health and safety duties to all our staff, we will assess workplace risks specific to pregnant women and those who have recently become mothers and/or are breastfeeding. When you tell us that you are pregnant, we will inform you of any relevant risks that we have identified along with the measures that you and we must take to help protect against those risks. In some cases, we may need to take steps to protect you and/or your child against health hazards that may include having to:
a. change your working arrangements;
b. offer you suitable alternative work, on terms and conditions that are the same or not substantially less favourable; or
c. suspend you from duties on full pay (or if you have unreasonably refused suitable alternative work, without pay).
Sickness
15. If you are absent from work because of pregnancy-related sickness then your entitlement to payment will be as for any other period of sickness absence and subject to the same limits and conditions, as set out in the Sickness Policy contained within this Staff Handbook. Payment in excess of the normal rules is at our discretion.
16. Pregnancy-related sickness absence will not be taken into account for the purpose of any employment decisions to which sickness absence is relevant.
17. During the 4 weeks immediately before your Expected Week of Childbirth, any sickness absence will normally automatically trigger the start of your maternity leave.
Starting maternity leave
18. As noted above, you must formally notify us of the date on which you want to start maternity leave before the end of the Qualifying Week.
19. Your maternity leave cannot start earlier than 11 weeks before the Expected Week of Childbirth (unless you give birth prematurely before then). Within 28 days of receiving your notice, we will confirm to you in writing the last date by which you must return from maternity leave.
20. You can change the start date for your maternity leave by giving us written notice. You must give the notice at least 28 days before the earlier of (i) the new start date or (ii) the original start date. If it is not possible to give that much notice then you must notify us as soon as reasonably practicable.
21. Your maternity leave will start on the date notified to us in accordance with this policy unless:
a. you give birth before then, in which case your leave will start on the day after the birth and you must give us written notice of the date of birth as soon as possible; or
b. you are absent from work for a pregnancy-related reason during the 4 weeks immediately before the Expected Week of Childbirth, in which case you must tell us as soon as possible in writing and leave will start on the day following the first day of that absence unless we agree otherwise.
22. You may not work during the 2 weeks immediately after giving birth, by law, so your maternity leave period must include these 2 weeks (or 4 weeks if you are a factory worker).
23. Near the time when your leave is due to start, we will discuss the arrangements for your maternity cover and the arrangements for keeping in touch with us during your leave, if you wish to do so. During your leave, you will continue to receive certain internal communications like job vacancies, social events, training and similar news unless you tell us that you would prefer not to receive these.
Maternity pay
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