Crystal Umbrella, Contractor Handbook

2009 Crystal Umbrella Services Limited Contractor Handbook

Crystal Umbrella Services Limited

1

1.0

General Terms & Conditions

2.0

Eligibility to Work in the UK - Crystal Umbrella Policy 4

3.0

Childcare Vouchers

7

4.0

Sickness Policy

9

5.0

Leavers Policy

9

6.0

Eye Tests

9

7.0

Bad Weather Policy

11

8.0

Reference Policy

11

9.0

Personnel Records

11

10.0

Equal Opportunities, Diversity & Discrimination

11

11.0

HIV & Acquired Immune Deficiency Syndrome (AIDS) Policy

12

12.0

Sexual Harassment

12

13.0

Alcohol & Drugs

13

14.0

Disciplinary Procedures

13

15.0

Complaints and Grievance Procedure & Policy

15

16.0

Social Policy

16

17.0

Maternity and Paternity Policy

16

18.0

Maternity Leave

16

19.0

Paternity Leave

19

20.0

Adoption Leave

19

21.0

Health & Safety

22.0

First Aid & Accident Reporting

23.0

Employee Wellbeing Policy



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Contractor Handbook

Crystal Umbrella Services Limited

1.0 General Terms & Conditions 1.1

General Terms

This contract letter and the handbook form part of your employment contract. This handbook contains information regarding your terms and conditions. The company reserve the right to amend its terms and conditions from time to time. Please refer to your contract of employment, covering letter and assignment schedule for your overall terms and conditions of employment. If there is a difference between the terms and conditions specified in your contract specific assignment schedule and this handbook, the terms and conditions stated within your assignment schedule will supersede ours and will be applied. Please be aware that payments cannot be processed until all ID & Verification documents between yourself and Crystal Umbrella have been signed and returned. This process is covered by the Crystal Umbrella employee induction process detailed within your welcome pack. The welcome pack is also available for review and download, online at www.crystalumbrella.com. . 1.2

Online Account Management (Web Portal)

To keep administration to a minimum and to offer one of the fastest payment cycles available Crystal Umbrella have invested heavily in a fully managed online web portal where you can manage your account in full wherever you have internet access, 24 hours a day, 365 days a year and in real time. The major benefit of using online submission is that it’s accurate, efficient and easy to use; in a matter of a few clicks you can submit your time, related business expenses and upload any required receipts or evidence of purchase all in one go. You can even attach a signed timesheet, should your agency require it along with our invoice. 1.3

Payment Details

Employees are paid on submission of valid time sheet information, whether this is a manual timesheet or online via the Crystal Umbrella web portal. We encourage you where possible to use web portal as this method has the efficiencies that enable us to process your income the quickest. If you do not have internet access and require an alternative way of getting your timesheets to us, please contact your Personal Assistant (PA) on 0800 848 8888.

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The above process is the same for all Crystal Umbrella employees unless your agency has a special invoicing arrangement with us. Again, if you are unsure please contact your PA. On commencement of your employment you should where possible verify your previous employment by submitting your original P45 issued by your previous employer. This will allow us to setup our payroll system with the levels of Tax and NIC’s paid so far this tax period; placing you on the correct tax code so you pay the right amount of tax. If you do not have a P45 we will require a P46 to be completed during your Induction to prevent any delays in getting you on the correct tax code. As a P46 is a manual way of us getting what levels of Tax and NIC’s you have paid and it has to be sent to the HMRC for verification. This can result in a short delay in getting you on the correct tax code. Please ask your personal assistant for more information if you have any concerns. Upon completion of each pay period you will receive a detailed payslip (weekly or monthly); this is supplied as a hard copy in the post and usually arrives within a day or two of payment being received. This will show your final take home pay following statutory deductions such as the levels of tax and NI you have paid as well as details of any additional payments and benefits such as pension contributions, expense claims and childcare vouchers etc. You can also keep track of payments in real time via the Crystal Umbrella web portal. 1.4

Expenses

There are 2 distinct types of business expenses which you can process through your Crystal account; these are Crystal Business Expenses and Rechargeable Expenses. 1.4.1

Crystal Business Expenses

Crystal Business Expenses are the costs incurred by you in the course of your day-to-day business. To help reduce your overall tax and NI liabilities, these expenses can be claimed back as tax free income. You do not pay tax or NI on the same amount of your income as you claim in expenses; you do not receive the cost back in full. This type of expense is sometimes known as “Schedule E Expenses” by the HMRC or Accountants. Expenses should be claimed at the same time and frequencies as you submit your timesheets, so if you submit weekly timesheets, simply claim your expenses for that week at the same time. We aim to validate all expense claims within 2 working days of submission or once relevant receipts have been received. 1.4.2

Rechargeable Expenses

Rechargeable expenses are the costs incurred during your day-to-day business that have been authorised by your end client or agency to be reimbursed by them in full. This can include a wide range of things and it’s important that all rechargeable expenses have been clearly identified and agreed between you and your end client or agency before the start of any contract. As rechargeable expenses are reimbursed to you in full and attract no Tax or NIC’s it is important not to mix them in with the Crystal Business Expenses whose value is offset against tax and NIC’s. Contractor Handbook

Crystal Umbrella Services Limited

Expenses should be claimed at the same time and frequencies as you submit your timesheets, so if you submit weekly timesheets, simply claim your expenses for that week at the same time. All rechargeable expenses are added to the invoice going to your agency / client for the time you have worked and are identified as rechargeable expenses. If you utilise the Crystal Umbrella “Online Portal” to submit your timesheet information, you are prompted each time for rechargeable expenses. If you do not have any to claim, simply skip the step. YOU MUST BE IN AGREEMENT WITH YOUR AGENCY / CLIENT ON WHAT RECHARGEABLE EXPENSES IF ANY CAN BE CLAIMED WHILST ON YOUR CONTRACT. IF YOU CLAIM SOMETHING YOU ARE NOT ENTITLED TO, YOUR AGENCY MAY REJECT THE ENTIRE INVOICE WHICH WILL DELAY YOUR PAYMENT BEING PROCESSED. 1.5

Working Time Regulations

The European Working Time Directive regulations are part of the health and safety policy intended to protect Employees from working excessively long hours. The Company has adopted the Regulations and its policy is to uphold them. Any Employee not upholding the regulations may be subject to the disciplinary procedure. In order for the Employee to properly perform his duties the Employee’s hours of work may exceed the weekly working time limit of 48 hours per week as provided by the Working Time Regulations 1998. By signing the Crystal Umbrella employment contract you agree to “Opt Out” of the weekly working time limit, which shall therefore not apply to the Employment unless the Employee decides to opt back into the application of the weekly working time limit on giving the Company three months’ prior written notice. 1.6

Agency Regulations

To regulate Agencies ‘The Conduct of Employment Agencies and Employment Business Regulations 2003’ came into force in 2004. As part of our paperwork to agencies we request the status of the contractor, notably if they have decided to opt in or out and record this. This status remains unchanged unless the assignment has ended and a new one starts. A contractor cannot change their status mid contract. Crystal Umbrella, opt-out and seek confirmation that the work seeker has also decided their option. If an employee wishes to opt in, this means that they are covered by the legislation. The impact of this is detailed below and impacts the agency more than the work seeker as they have certain criteria that they must adhere to. The opt-out is covered in paragraph (9) of clause 32 and reads as follows:

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Subject to paragraph 912) paragraphs (1)-(8) shall not apply to where a work seeker which is a company and the person who is or would be supplied by that work seeker to carry out the work agree that they should not apply and give notice of that agreement to an employment business or agency provided that such notice is given before the introduction or supply of the work seeker or the person who would be supplied by the work seeker to do the work, to the hirer. 1.7

Holidays and Holiday Pay

Some Umbrella Companies deduct holiday pay automatically from your salary and keep it on your behalf. They will often only pay you your entitlement if you ask for it. Obviously, the only advantage that this brings is one of earning interest for the company, not for you. Crystal Umbrella’s policy is to NOT hold back any of your money, therefore, your holiday pay is not deducted from you at any time. Most workers are entitled by law to a minimum of 24 days paid holiday a year. This includes part time workers and those who are on a fixed term contract. We recommend that out of your gross pay you should deduct, or at least make provision for, days you wish to take as paid holidays, as your Client will not pay for these when you are contracting. The payment summary we provide shows a recommended amount of holiday pay that you should consider saving each time you are paid. This then provides you with the equivalent amount of holiday pay as a permanently employed person. We recommend that you take your holiday entitlement; please note that when you do, you will have already received payment for these periods, and will not receive any additional income whilst you are away from work. The method we use to calculate holiday pay is based on the fraction 24/260 (24 being the minimum number of holiday days given in a year and 260 being the average number of working days in the year). For more information and an example of the calculation please refer to your Welcome Pack. 1.8

Annual Entitlement

The Employee shall be entitled to 24 days (including all bank and normally observed in England) paid holiday in each holiday year (being the period from 1 January to 31 December). The Employee must take such holiday accrued immediately upon termination of the current Assignment or at such other times if agreed in advance by the Company. In the respective holiday years in which the Employment commences or terminates, The Employee’s entitlement to holiday shall accrue on a pro rata basis for each completed month of employment during the relevant year. If, on the termination of the Employment, the Employee has exceeded his accrued holiday entitlement, the Employee agrees that any sums otherwise due to him may be adjusted by deduction accordingly. To the extent that any sums due to the Employee from the Company are insufficient to cover the excess, the Employee shall pay the balance to the Company immediately upon request. If the Employee has any unused holiday entitlement, the Company may either require the Employee to take such unused holiday during any notice period or make payment in lieu of such unused holiday. Holiday entitlement may only be carried over to the next holiday year with the written agreement of the Company. Unless otherwise agreed by the Company failure to take holiday entitlement in the appropriate holiday year and immediately upon expiry of each assignment will lead to forfeiture of any accrued holiday not taken. Contractor Handbook

Crystal Umbrella Services Limited

2.0 Eligibility to Work in the UK - Crystal Umbrella Policy 2.1

Policy Overview

Crystal Umbrella is committed to equality opportunities and diversity within its recruitment, selection, employment and business practices. To prevent discrimination Crystal Umbrella treats all employees in the same way and verifies the eligibility of all new employees/contractors to work in the UK in accordance with the policy below. Employing workers who are not eligible to work in the UK is a criminal offence that carries substantial financial penalties and can lead to imprisonment. Work permits are required to employ people who are not nationals of a European Economic Area (EEA) country and are not entitled to work in the UK. No employee/contractor should commence work or avail of our service until their eligibility to work in the UK has been verified under the procedures listed below, and a work permit obtained, if appropriate. As each employee must present the documents in person, we will seek confirmation on receipt of the contract or contractor introduction that the individual has had their documents verified and checked and that they satisfy eligibility to work in the UK. 2.2

Procedures

Once an individual is requesting to be employed by Crystal Umbrella it is expected that the correct documentation checks take place before commencement of employment. These checks should take place for all employees, to avoid discrimination. There is a 3 step process to follow. Crystal Umbrella has the right with prior notice to audit the checks to ensure that the agency is fully compliant and familiar with the process. 2.2.1

STEP 1: Requesting proof of eligibility to work in the UK

You should ask all your potential employees to provide either:

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•

One of the original documents included in List A or,

•

Two of the original documents included in List B and List C (for work permit holders).

2.2.2

STEP 2: Verifying the documents and the employee

You should satisfy yourself that the (potential) employee is the rightful holder of the documents they present to you and that the documents allow them to do the type of work you are offering them. To fulfil this legal obligation, managers/administrators should check: •

Photographs to ensure that they are consistent with the appearance of the (potential) employee.

•

Date of birth to ensure that they are consistent with the appearance of the (potential) employee.

•

Expiry dates (passports, visas) to ensure they have not passed.

•

UK Visa stamps/Endorsements to ensure the (potential) employee is able to do the type of work you are offering them.

Note: If the (potential) employee gives you two documents from List 2 which has different names, you should ask them to provide a further document (marriage certificate, divorce document, deed poll, adoption certificate or statutory declaration) to explain the reason for the different names. 2.2.3

STEP 3: Keeping records of the documents

You should photocopy all the documents and sign the copies to verify Step 1 and 2 above have been followed. Photocopies should include: •

The front cover

•

All the pages which give the (potential) employee’s personal details, including photograph and signature.

•

Any visa/endorsement which allows the (potential) employee to do the type of work they have been offered.

Advice should be obtained from the HR department immediately, if there are any questions concerning the documents produced by new/future employees verifying their right to work in the UK.

Contractor Handbook

Crystal Umbrella Services Limited

2.3

Documentation required to demonstrate eligibility to work in the UK

LIST A





1.

Any one of these documents will provide proof that the (potential) employee is eligible to work in the UK. Once you have checked any one of these documents from your (potential) employee, you do not need to ask for further documents contained in list 2.

2.

A passport showing that the holder is a British Citizen, or has a right of abode in the United Kingdom.

3.

A document showing that the holder is a national from a European Economic Area (EEA) country or Switzerland. This must be a national passport or national identity card.

4.

A residence permit issued by the Home Office to a national from an EEA country or Switzerland.

5.

A passport or other document issued by the Home Office which has an endorsement stating that the holder has a current right of residence in the United Kingdom as the family member of a national from an EEA country or Switzerland who is resident in the UK.

6.

A passport or other travel document endorsed to show that the holder can stay indefinitely in the UK or has no time limit on their stay.

7.

A passport or other travel document endorsed to show that the holder can stay in the UK; and that this endorsement allows the holder to do the type of work you are offering if they do not have a work permit.

8.

An application Registration Card issued by the Home Office to an asylum seeker stating that the holder is permitted to take employment.

LIST B

The (potential) employee must provide one of the documents listed in A and one of the documents listed in section B-H. 1.

A document giving the person’s permanent National Insurance Number and name or a P45, P60, National Insurance card or a letter from a Government Agency

And either:

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2.

A full birth certificate issued in the UK, which includes the names of the holder’s parents; or

3.

A birth certificate issued in the Channel Islands, the Isle of Man or Ireland; or

4.

A certificate of registration or naturalisation stating that the holder is a British Citizen; or

5.

A letter issued by the Home Office to the holder which indicates that the person named in it can stay indefinitely in the UK, or has not time limit on their stay; or

6.

An immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay indefinitely in the UK, or has not time limit on their stay; or

7.

A letter issued by the Home Office to the holder which indicates that the person named in it can stay in the UK, and this allows them to do the type of work you are offering; or

8.

An immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the person named in it can stay in the UK, and this allows them to do the type of work you are offering.

LIST C



The potential employee must provide the document listed in section 1 together with one of the documents from section 2 or 3. 1.

A work permit or other approval to take employment that has been issued by Work Permits UK.

2.

A passport or other travel document endorsed to show that the holder is able to stay in the UK and can take the work permit employment in question; or

3.

A letter issued by the Home Office to the holder confirming that the person named in it is able to stay in the UK and can take the work permit employment in question.

2.4

Recruitment of Foreign Nationals

2.4.1

European Economic Area

Citizens from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia, may work in the UK without a work permit. However, they are required to register with the Home Office under the Accession State Worker Registration Scheme if they are to work in the UK for more than one month. Offers of employment to individuals from these countries will be subject to their complying with the following requirements and their application for registration being successful. An individual must, within a month of starting work, apply to register with the scheme. The Company will provide him/her with evidence of employment in the form of [the offer letter/contract of employment], take a copy of his/her registration application and retain it until notification has been received from the Home Office that he/she has been registered. THE COMPANY WILL THEN KEEP A COPY OF THE REGISTRATION CERTIFICATE.

Contractor Handbook

Crystal Umbrella Services Limited

2.4.2

Other European Economic Area nationals and Swiss nationals

Citizens of Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, the Netherlands, Norway, Portugal, Spain, Sweden and Switzerland have the right to work in the UK without a work permit. While it is not obligatory for European Economic Area nationals or Swiss nationals to apply for a resident’s permit, it is advisable that they do so as this is a useful way of demonstrating that they are exercising their rights to work and reside in the UK. Spouses or civil partners and dependent children (up to the age of 21) of citizens of the European Economic Area and Swiss nationals who have the right to work in the UK also have an automatic right to work in the UK, regardless of their nationality. Other family members may need permission before carrying out work. 2.4.3

Bulgarian and Romanian nationals

Since 1 January 2007 Romanians and Bulgarians have had the right to travel throughout the EU, but there are restrictions on employed work for Romanian and Bulgarian workers: 2.4.4

Skilled workers

Skilled workers with the right qualifications and experience can come to the UK on work permits to take up specific jobs where no suitable UK applicants can be found. Workers with particularly high levels of skills and experience are eligible for admission under the Highly Skilled Migrant Programme. Low-skilled migration is restricted to those sectors of the economy where the UK already has low-skilled schemes and is subject to a strict quota not exceeding 20,000 workers per year. 2.4.5

Commonwealth citizens

Commonwealth citizens with a British grandparent may apply for an Ancestry Visa, which entitles them to come to the UK and work without restriction for up to five years. Commonwealth citizens aged between 17 and 30 may obtain a Working Holiday Maker Scheme visa. They may take work incidental to their holiday in the UK but may spend no more than a total of 12 months of their two-year stay working (no restrictions on the amount of work apply where the visa was issued prior to 8 February 2005).

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Those Commonwealth citizens who have a certificate of their right of abode in the UK in their passport are entitled to work in the UK. 2.4.6

Other overseas nationals

Where an overseas national can demonstrate that he/she has indefinite leave to remain in the UK, then he/she has the right to work without restriction. If an individual has a Highly Skilled Migrant Programme visa then he/she will be able to work for the Company in any capacity until this visa expires. Such visas are normally issued for one year initially. An extension application must be made by the individual in question prior to his/her current leave expiring. In any case where an individual’s leave to remain in the UK expires or his/her extension application is turned down THE COMPANY IS REQUIRED BY LAW TO STOP EMPLOYING HIM/HER IMMEDIATELY. Overseas nationals on student visas may work up to 20 hours per week in term time, although there is no such restriction during holidays. However, they may not pursue a career. Crystal Umbrella does not assist in obtaining work permits. 2.4.7

Compliance

Crystal Umbrella Human Resource Department will perform compliant checks on an annual basis. This will be done as follows: •

Every 100th contractor will be asked to present their documentation to be copied and recorded to ensure originals are matching and that the process is being addressed.

•

Agencies, with notice will be asked to present their policy on Eligibility to Work in the UK and will be subject to checks on contractors to ensure that the policy is being adhered to.

2.4.8

Avoiding discrimination

The Company is under an obligation to do all that it can to avoid race discrimination in the workplace and to ensure that no job applicant is excluded from a position because of his/her colour, race, nationality, or ethnic or national origins. The Company will treat all job applicants in the same way at each stage of the recruitment process, and no assumptions will be made on the basis of, for example, appearance or a foreign name. There will be no assumption that a foreign national or someone from an ethnic minority has no right to work in the UK. Regardless of national origin, all potential employees, including British citizens, will be subject to the document checks outlined in Section (B) at the [interview/second interview/offer of employment] stage. Anyone who cannot produce the necessary documentation will be referred to the Citizens’ Advice Bureau for further advice. However, the Company will not employ such an individual until the necessary checks have been carried out. Contractor Handbook

Crystal Umbrella Services Limited

2.4.9

Failure to comply

As Crystal Umbrella are subject to and obey a best practise employment code, any failure to comply may result in Crystal Umbrella not conducting business with the relevant agency. There is a sliding scale of penalties, which are principally determined by the number of times an employer has been found to be employing illegal migrants. Attached is a framework designed to assist the Border and Immigration Agency with the assessment on whether to issue a civil penalty to an employer, and if so, at what level. The level of penalty to be imposed per worker may be increased or reduced according to different criteria, for example, the penalty can be increased according to the number of times you are found with illegal migrants in your workforce and have failed to establish a statutory excuse. Failure to comply with the document checks required before an individual starts work could lead to criminal prosecution under the Asylum and Immigration Act 1996, section 8. This could lead to convictions and fines for the employer and any responsible managers and directors. Employing workers illegally is a criminal offence under the Act. There are also further offences under the Immigration Act 1971 concerning assisting illegal immigrants. It is obligatory for employers to ensure that all employees and not just those from outside the UK can prove their entitlement to work in the UK. Failure to comply with the requirements of the Race Relations Act 1976 could lead to claims of race discrimination in the employment tribunal. There is no limit on the amount of compensation that can be awarded in a race discrimination claim. Future developments: Employers will be liable for fines of up to £10,000 for employing illegal workers and will face prosecution under a new criminal offence of knowingly employing illegal workers from 29 February 2008. The measures are part of a package of immigration reforms that also include the introduction of a new points-based immigration system, which is being phased in during 2008.

3

Childcare Vouchers

The company offer a childcare voucher scheme, whereby you can opt to pay an amount of childcare via your gross salary. The normal statutory restrictions apply. You will need to complete an application form and once processed, each time you get paid, an amount will be deducted on the number of tax weeks within that payment. Crystal operates the benefit based on tax weeks to ensure that no matter how many times you get paid you will still enjoy your yearly allowance.

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3.1

What are childcare vouchers?

These are vouchers that we offer to our contractors to help them meet their childcare costs. Childcare vouchers are up to a limit of £55 per week, or £243 a month and are exempt from National Insurance Contributions for employers and exempt from tax and National Insurance Contributions for employees. 3.2

What is the process I need to follow?

You need to complete a form requesting the vouchers. See your PA for details. You will have the vouchers posted to your home at the value sacrificed each month. Pass these vouchers to your approved child care provider. They must then return the vouchers to gain the cash value which contributes to your childcare. 3.3

How much can I receive in vouchers?

Only the first £55 qualifies for National Insurance Contributions exemptions for employers, and tax and National Insurance Contributions exemptions for employees. 3.4

What sort of childcare can vouchers be used to pay for?

Childcare vouchers can be used to pay for any form of legal childcare, but the first £55 per week you receive in vouchers will only be exempt from tax and National Insurance Contributions if it is used to pay for registered or approved childcare. Registered childcare services have been registered and inspected by Ofsted (in England), the Care Standards Inspectorate for Wales, the Scottish Commission for the Regulation of Care and the Health and Social Services Trust in Northern Ireland. 3.4.1

Registered childcare includes:

•

Childminders, nurseries and play schemes registered by any of the organisations listed above.

•

Out-of-hours clubs run by a school on the school premises or by a local authority.

•

Childcare schemes run by approved providers. (See Quality Approval Schemes, for a list of qualifying schemes.)

•

An approved foster carer (the care must be for a child who is not the foster carer’s foster child).

•

In England only, a home-child carer approved under the Childcare Approval Scheme who cares for a child or children in the child’s own home.

•

In England only, childcare given in the child’s own home by a domiciliary worker or nurse from a registered agency that cares for the child or children.

•

In Scotland only, childcare given in the child’s own home by (or introduced through) childcare agencies, including sitter services and nanny agencies, which must be registered. Contractor Handbook

Crystal Umbrella Services Limited

3.5

Can all childcare providers accept childcare vouchers?

As long as the childcare provider has a bank account, they can receive vouchers. We will request that they register their details with us, as we are administering the scheme, in order to receive the reimbursed value of the voucher. This is usually a record of contact details, registration number or approval details where appropriate, and bank account details, if you intend to make payments directly into their back account. Note: The Childcare Approval Scheme is a voluntary scheme which allows childcare, which would not normally be required to be registered or regulated by Ofsted, to become approved and eligible for receiving financial support (childcare vouchers and tax credits). (For example childcare in the child’s home - such as a nanny, or childcare for children over the age of seven on other domestic premises - such as childminders.) For more information contact the helpline on 0845 7678 111 or visit: www.childcareapprovalscheme.co.uk. 3.6

Childcare by a relative

Childcare provided by a relative of the child is generally not eligible for help via the tax and National Insurance Contributions exemptions on employer-supported childcare (or for the childcare element of Working Tax Credit). The only exception to this is when a relative has been registered or approved as a child minder and happens to care for a related child, but whose primary or main paid child minding is for children to whom they are not related. This care must not be provided in the child’s own home. A relative means a parent, grandparent, aunt, uncle, brother or sister - whether directly blood-related or related by marriage or affinity. Effects of salary sacrifice on contribution and earnings-related benefits, Contribution-based benefits such as Jobseeker’s Allowance, Incapacity Benefit and the State Pension are calculated according to the level of National Insurance Contributions paid by an individual. An individual’s entitlement to contribution based benefits may be affected by their participation in a childcare voucher salary sacrifice scheme, as their National Insurance Contributions will decrease. Earnings-related benefits such as Maternity Allowance and the State Second Pension are based on an individual’s income. An individual’s entitlement to earnings-related benefits may be affected by their participation in a childcare voucher salary sacrifice scheme, as the amount received in childcare vouchers will not be taken into account when calculating income. More information about the effect salary sacrifice may have on employment benefits and other work-related benefits, is available from the Revenue’s website www.hmrc.gov.uk 3.7

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Effects on tax credits

Working Tax Credit supports those on lower incomes and working parents may be eligible for additional help towards registered childcare costs through the childcare element. The amount of help parents receive depends on their circumstances, including their income, the size of their family and the amount they pay in childcare. If an employee joins a salary sacrifice scheme, this can affect their entitlement to Working Tax Credit in two main ways: If an employee’s average earnings have effectively been reduced, they could receive a higher payment through Working Tax Credit. As the value received in childcare vouchers cannot be considered as childcare costs when calculations are made for their entitlement to the childcare element of Working Tax Credit, the amount of tax credits will be reduced (essentially because you cannot claim twice for the same costs). It is advisable for parents to find out what level of support they could be entitled to through Working Tax Credit before they join a childcare voucher salary sacrifice scheme. HM Revenue and Customs have created a calculator, called the Childcare Indicator, to help individuals decide whether they would be better off receiving tax credits or taking childcare vouchers from their employers to help with childcare costs. This calculator is a pilot, running until the end of February 2007 and is available on their website: www.hmrc.gov.uk/childcare. 3.8

Does having a deduction affect my tax or my pension?

If you have a state pension, (contracted into SERPS) by reducing salary and taking vouchers, you are reducing the amount of NICs paid, which means that your state pension contributions are less. However, because it is unlikely that you will be using Childcare Vouchers in this way for more than 4 or 5 years, the impact on the State Pension payouts when you retire will be extremely minimal. 3.9

How is the money deducted?

Money is taken as a salary sacrifice. This means the potential future cash pay must be given up before it is treated as received for tax and NIC purposes and the true construction of the revised contractual agreements must be that the employee is entitled to lower cash re-numeration. This means: The employer pays directly towards childcare in the form of a voucher. The salary paid is less the voucher amount – hence the sacrifice. The contract terms are amended. The employee does not retain the right to return to the previous level of salary. The amendment can be for a specific period of time, e.g. a year for employees who are already on a higher income, receiving childcare vouchers could affect their entitlement to Child Tax Credit or may lower the amount of their existing award. The income threshold for Child Tax Credit is currently £58,175 a year (up to £66,350 if you have a child under one). How can I tell whether an employee would be better off with tax credits or with a voucher scheme? We cannot advise you direct, please seek independent advice before making a decision, to ensure that you are not losing out! For more information on Child Tax Credit and Working Tax Credit contact the Tax Credit Helpline on 0845 300 3900 or visit www.hmrc.gov.uk/childcare For more information relating to the Crystal Umbrella Childcare Voucher scheme, please contact HR on 0800 848 8888. Contractor Handbook

Crystal Umbrella Services Limited

4.0 Sickness Policy 4.1

Aim of Policy

The aim of this policy is to set out the terms and guidelines for Employees who are absent due to ill health, and to ensure that the Company is kept informed of your situation so that minimum disruption occurs for the organisation and for the Employee. ANY PART OF THIS POLICY THAT IS NOT FOLLOWED MAY IMPACT ON SICKNESS ELIGIBILITY BENEFITS BEING PAID. 4.2

Procedure for Reporting Absence

If you are unable to attend work because of illness your Manager must be notified by 10am on the first day of absence, unless exceptional circumstances make such notice impossible. If you are unable to state on which day you will be returning to work, you must continue to inform your Manager of your absence each day. Failure to do this, without good reason, could result in a loss of, or delay in payment of, Statutory Sick Pay and may also lead to disciplinary action being taken. It is your responsibility to keep your Manager regularly advised of your progress and your likely return date. •

If you are ill for a period of 7 days or more a note from a Doctor is required.

•

It is your responsibility to keep the company informed of your progress.

•

We reserve the right to have our own independent medical person to report to us at our expense, plus we may also request with your permission, a medical report from your doctor.

4.3



Sickness Benefits

You will receive Statutory Sick Pay (SSP) and the calculation of any benefit will be made at the end of each week of illness and will take into account any sickness benefit received by you in the 12 months prior to the illness. SSP operates for the first 28 weeks of absence through sickness in any one period. It is paid to the Employee by the Company on behalf of the State and is subject to PAYE and NI contributions. Your entitlement to SSP depends on:

9

•

The number of days sickness; there is no entitlement for the first 3 qualifying days

•

Your normal weekly earnings; SSP is earnings related

•

Proper notification to the Company of your absence through sickness (which you must do before the end of the first qualifying day)

•

Proper provision of medical certificates, that is a self-certificate for the first 7 days of illness and a doctor’s certificate thereafter. Your qualifying days for SSP are those you normally work

5.0 Leavers Policy The Employee shall not, either during the Employment (except in the proper performance of his duties) or at any time (without limit) after the termination of the Employment, divulge or communicate to any one person, company, business entity or other organisation; or use for his own purposes or for any purposes other than those of the Company or any Group Company; and/or any trade secrets or Confidential Information relating to the Company or any Group Company but so that these restrictions shall cease to apply to any information which is in the public domain otherwise than through the act or omission of the Employee. “Confidential Information” includes, but is not limited to, the terms of this contract of employment, details of clients, the terms of any Assignment between the Company and any client, suppliers and their terms of business, details of clients and their requirements, the prices charged to and terms of business with clients, marketing plans and sales forecasts, client account plans, financial information, results and forecasts (save to the extent that these are included in published audited accounts), any proposals relating to the acquisition or disposal of a company or business or any part thereof or to any proposed expansion or contraction of activities, company strategies, details of employees and officers and of the remuneration and other benefits paid to them, information relating to research activities, inventions, secret processes, designs, formulae and product lines, any information which the Employee is told is confidential, or any other information of a private, confidential or secret nature concerning the Company or any Group Company and any information which has been given to the Company or any Group Company in confidence by clients, suppliers or other persons.

6

Eye Tests

6.1

Introduction

In certain circumstances, employees who carry out display screen equipment (DSE) work are entitled to ask their employer to provide them with a free eye test. Employers’ responsibilities in relation to such tests are set out under the Health and Safety (Display Screen Equipment) Regulations 1992, regulation 5. The Regulations are designed to identify any sight defects that may need correcting when an employee works with DSE. While there is no evidence to suggest that DSE use can cause permanent damage to eyes or eyesight, it may exacerbate existing conditions and cause visual fatigue and headaches.

Contractor Handbook

Crystal Umbrella Services Limited

6.2

Eligibility

Only employees who use DSE for a significant part of their work or individuals who are being recruited to carry out such work (including existing employees who are being transferred to such work) are eligible for a free eye test under the Regulations. The Health and Safety Executive (HSE) has produced guidance on DSE that employers should take into account when determining whether or not an individual is eligible under the Regulations. If an employee uses DSE on a more or less continuous basis, for example, data input staff or typists he or she will be covered. Where DSE use is less continuous or less frequent, the employee will usually be considered a ‘user’ (and thus entitled to a free eye test) if he or she: •

normally uses DSE for continuous or near-continuous spells of an hour or more at a time;

•

uses such equipment in this way more or less daily;

•

has to transfer information quickly to or from the equipment; and

•

needs to apply high levels of attention and concentration, is highly dependent on DSE, has little choice about using it or needs special training or skills to use it.

Employees are protected whether they work at their employer’s workstation, a workstation at home or another employer’s workstation. Self-employed persons and workers are not eligible to request eye tests. Employers may, however, extend this right to such individuals. 6.3

Requesting a test

An employee must request an eye test - employers are not obliged to arrange eye tests for employees as a matter of course, although some choose to do so. They must, however, make their employees aware of any arrangements in place regarding eye tests, i.e. the process for making requests. If an eligible employee requests an eye test, his or her employer must arrange for the test to be carried out ‘as soon as practicable’. This is likely to mean within weeks rather than months. If a new recruit or employee being transferred to DSE work requests an eye test, the prospective employer must arrange for it to be carried out before he or she becomes a user. An employer cannot refuse a request in such a case even if the employee recently had an eye test with his or her previous employer.

must ensure that employees are provided with further tests at regular intervals thereafter. The HSE guidance suggests 10 Employers that employers be guided by the clinical judgment of the optician or doctor regarding the frequency of testing - every three years seems fairly common.

If an employee requests an eye test because he or she is suffering visual difficulties that may be caused by working with DSE, the employer is also under an obligation to arrange for the employee to have an eye test as soon as practicable after being requested to do so. However, the HSE guidance makes it clear that employers are not responsible for the correction of vision defects that are not related to DSE work. Employers cannot force employees to undergo eye tests. 6.4

Eye Examinations

The eye test must be carried out by a competent person. This will normally be an optician, although it could be a medical practitioner with suitable qualifications. The College of Optometrists has issued a statement of good practice regarding the use of DSE, which makes it clear that the purpose of any eye test in these circumstances is to decide whether or not the individual has any sight defect that requires correction when working with DSE. The optician must carry out a standard eye test that includes an examination of the eyes and a vision test. The HSE guidance states that the test should take into account the nature of the user’s work, including the distance at which the screen is viewed. According to the HSE, an employer will not satisfy its obligations under the Regulations by offering its employees vision-screening tests. These tests help to identify individuals with defective vision, but are not able to identify injury or eye disease. As such, they are not sufficiently comprehensive to be deemed an eye test for the purposes of the Regulations. 6.5

Contributing to costs

If, as a result of an eye test, an employee is found to need special corrective appliances for DSE work, his or her employer is under an obligation to provide such appliances. According to the HSE, less than 10% of the population need glasses or other corrective appliances for DSE work. The Regulations do not define ‘special corrective appliances’, but these would normally be special glasses for DSE work. The HSE guidance refers to only special glasses, as opposed to, say, contact lenses. If an employee needs special glasses for DSE work, his or her employer is required to meet only the basic cost of the glasses; the employee is required to pay for any extras, such as designer frames or lenses with optional treatments that are not necessary for work. If an employee chooses glasses that can be used for purposes other than his or her work, the employer is required to meet only the costs attributable to the requirements of the job. The HSE guidance states that, while a normal single lens prescription will often be appropriate, it may be necessary for the employee to have bifocal or varifocal lenses. It gives the example of an employee who is required to mix DSE work with other tasks that require a different viewing distance (e.g. dealing with people). It does, however, point out that there may be side effects associated with the use of multi-focal prescriptions and any decision should therefore be taken in conjunction with the optician. If you fit the criteria and require further assistance, please speak to your Personal Assistant on 0800 848 8888. Contractor Handbook

Crystal Umbrella Services Limited

7

Bad Weather Policy

7.1

Aim of Policy

The aim of this policy is to set out the terms and guidelines for Employees who are impacted by bad weather. The employee must ensure that the Company is kept informed of your situation so that minimum disruption occurs for the organisation and for the Employee. 7.2

Procedure for Reporting Absence

If you are unable to attend work because of bad weather your Manager must be notified by before 8:00am, or as early as you realise that your journey will be difficult or impossible. If you are unable to state on which day you will be returning to work, you must continue to inform your Manager of your absence each day. Failure to do this, without good reason, may also lead to disciplinary action being taken. It is your responsibility to keep your Manager regularly advised of your progress and your likely return date. An employee must make reasonable steps to attend work. This may be by using alternative travel or by car sharing. An employee who makes no effort or who considers that they would prefer to not attempt the journey will not be paid. Employees who are set up to work from home and can do so without any disruption to productivity will be paid as normal. Permission must be sought in advance to do this. Employees should not feel under pressure to risk their safety to get into the office. As an organisation we can help staff plan their travel by providing regular updates on the travel situation and offering lifts where appropriate. Your manager should be your first point of contact to advise if any alternative travel arrangements or extra transport can be offered. 7.3

Pay and Benefits

You will not be entitled to full pay if you fail to attend work or make considered effort to try and make it to work to fulfil your duties. Any paid absence due to bad weather conditions will be on a discretionary basis, but only in exceptional cases. In most cases, the employee may use holiday to cover for their absence.

11

8

Reference Policy

Any reference request must be submitted in writing to HR. The company will confirm employment only and will not provide personal references if it is not felt appropriate. Should an Employee be asked to supply a written reference for either current or ex-members of staff, they must, before supplying a reference, submit the prospective reference to HR for distribution.

9

Personnel Records

Employees of the Company are required to provide reasonable personal information for record purposes, and to inform HR of any changes affecting this information. Employees wishing to receive access to their personal file must make a request to their Manager who will refer that request to HR. No file will be permitted to leave the organisation or to be viewed away from HR. No file must be left unattended at any time.

10

Equal Opportunities, Diversity & Discrimination

The Company is proud of being an equal opportunities employer. The sole criterion for recruitment is based on the person’s ability to perform their job. We never discriminate on the grounds of a person’s sex, race, sexual orientation, age, religion or ethnic origin. All vacancies and promotions are open to Employees regardless of length of service or level. Managing diversity involves the basic principle of ensuring we value our people as individuals. We harness individual differences such as sex, age, background, race, disability and religion to create a productive environment in which organisational goals are met efficiently and effectively by making the best use of everyone’s talents and potential. Our aim is to have a diverse and talented workforce that enables us to develop and retain the best people. To discriminate, either directly or indirectly, is unlawful. Any act of unlawful discrimination by members of our staff will be considered as a serious issue under the Disciplinary Procedure.

Contractor Handbook

Crystal Umbrella Services Limited

As an organisation we will ensure that: •

All decisions are merit-based, supporting the business objectives and documented to show we support a culture of trust, fairness and mutual respect

•

We accept diversity as a positive asset to attract the best people

•

All staff receive guidance on diversity and equality

•

We meet and exceed obligations laid down by equality and human rights legislation

•

We endeavour to understand, respect and value any physical, social, cultural, sexual, or racial differences among our people by acknowledging the composition of our workforce and the skills, knowledge and abilities available to contribute to our overall organisational goals

•

We give our Employees access to family friendly practices and benefits which help their work/life balance

•

We embrace zero tolerance for any discrimination, harassment or exclusionary practices, removing all barriers that avert from a diverse environment

10.1

Disabled Persons

The Company provides equality of opportunity for disabled persons. Reasonable adjustments will be made to ensure disabled people are given fair and equal opportunities. When existing Employees become disabled every effort will be made to retain them within the company wherever reasonable and practical. The Company also endeavours to provide equal opportunities in the training, transfer, promotion and general career development of disabled staff.

11

HIV & Acquired Immune Deficiency Syndrome (AIDS) Policy

In dealing with both potential and existing Employees, the Company will not take account of whether individuals are HIV infected or have AIDS, except to the extent that it affects the individual’s ability to carry out their job satisfactorily or puts at risk the health and safety of themselves or others.

11.1

12

Confidentiality

Any Employee who becomes aware that a colleague is HIV infected will treat that information as confidential and not disclose it to anyone else either within or outside the Company. A breach of this rule will be regarded as a disciplinary offence. If, however, the Employee is concerned about the health and safety implications of non-disclosures they should seek advice from HR.

11.2

Victimisation

As most individuals who have been infected with the virus will be able to continue working, Employees will be expected to work normally in situations involving their colleagues. Any Employee, who harasses, victimises or discriminates against an Employee or potential Employee who is known to or is thought to be HIV infected or have AIDS, will be guilty of an act of unlawful discrimination and dealt with in accordance with the Company’s disciplinary procedures.

11.3

First Aiders

First Aiders will receive specialist training on how to protect themselves and others against the risk of contracting AIDS. They will be instructed in the correct techniques to follow when treating injured people, dealing with the spillage of body fluids and administering artificial respiration.

12

Sexual Harassment

The Company does not tolerate any behaviour from its Employees which might constitute sexual harassment. Sexual harassment is defined as either: •

Unwanted behaviour that violates dignity or creates an intimidating, humiliating or offensive environment, or

•

Unwanted physical, verbal or non-verbal conduct of a sexual nature.

In either case, the conduct must be done with the purpose of, or have the effect of, violating the person’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment can take many forms and occurs for a variety of reasons. It may be related to age, sex, race, disability, religion, sexuality or any personal characteristic of an individual.

12.1

Policy

The Company will take all reasonable steps to prevent harassment of Employees by colleagues. All complaints of sexual harassment will be treated as a serious matter of concern. All reports and information disclosed concerning matters of sexual harassment will be kept in the strictest confidence.

Contractor Handbook

Crystal Umbrella Services Limited

13

Alcohol & Drugs

13.1

Policy

Evidence shows that Employees who have drunk excessively or have taken drugs are more likely to have accidents or to make mistakes. Employees with side effects from alcohol consumption are considered unfit for work. For these reasons the Company operates a no alcohol and no drugs policy. Where an Employee is found not adhering to the company policy by committing a drinking offence, they will be subject to disciplinary action. Where individuals commit misconduct or serious misconduct, or their efficiency at work becomes affected through over indulgence in alcohol or drug abuse, action under the Disciplinary Procedure may be taken. It is an offence for a person to have a controlled drug in their possession, except where it has been medically prescribed. It is also an offence for a person to have in their possession, whether lawfully or not, a controlled drug with the intent to supply another person.

14

Disciplinary Procedures

14.1

Policy

As an organisation we wish to deal with any problems informally and via communication and agreed plans on improvement. However, as a last resort a more formal approach may need to be taken. The Company’s disciplinary procedure aims to provide a legal, fair and consistent way of handling problems relating to performance, misconduct and unsatisfactory behaviour. The policy is fair and firm and is written to ensure that appropriate opportunity to improve is given. The procedure applies to all Employees, who should familiarise themselves with its provisions. 14.2

Operation of the Procedure

An Employee will not normally be dismissed unless previous warnings have been received in accordance with this procedure, except in cases of gross misconduct.

13 Before any disciplinary action is taken, Management will conduct an investigation and Employees will be given an opportunity to

explain the circumstances surrounding the alleged offence. At any such interview a fellow Employee or a trade union official may accompany the Employee if they so wish. The interview and investigation will be open and fair. All evidence will be exchanged with Employees and our aim is to be honest and fair at all times. Where an Employee is alleged to have committed a serious offence, a hearing will be held as soon as possible and the Employee may be suspended on full pay for as long as the Company deems necessary to conduct any investigations, but the Company will try to keep this period as short as possible. 14.3

Process

Employees will be given sufficient notice and the opportunity to state their case. Employees will be invited with due notice to attend a hearing. They may invite a witness from the organisation to attend the meeting. Action will not be taken until the matter has been fully investigated. If it is decided that disciplinary action is appropriate the Employee will be informed of this at a meeting and in writing with the right to appeal. 14.3.1 Disciplinary Stages Where the circumstances are sufficiently serious to warrant it, a first written warning or a final written warning may be given at a first or second offence. 14.3.2 Verbal Warning In the case of a first offence (or unsatisfactory performance), the Employee will be given verbal warning. This is not held on file but on record by the Manager. 14.3.3 First Written Warning If the offence is regarded as sufficiently serious, or if another offence is committed within 3 months of the verbal warning (or the unsatisfactory performance has not substantially improved within the time limit specified), the Employee will be given a first written warning. This is held on file until the warning expires.

Contractor Handbook

Crystal Umbrella Services Limited

14.3.4 Final Written Warning If the offence is regarded as sufficiently serious, or if no improvement has occurred within the time limit set on previous warnings, a final written warning will be issued. 14.3.5 Dismissal If a further offence is committed within 6 months of a final written warning (or the unsatisfactory performance has not substantially improved within the time limit specified), the Employee will be dismissed with notice. 14.4

Gross Misconduct

An Employee who is found to have committed gross misconduct will be dismissed without notice and without payment of accrued holiday pay. 14.5

Alternatives

At any stage of the procedure the Company may decide that demotion or deployment to other work, with a reduction in pay, may be the more appropriate course of action. 14.6

Appeals Procedure

An Employee may appeal against any warning or dismissal to the next level of authority above that of the Manager who imposed the penalty. If desired, a fellow Employee or trade union official may accompany them at the appeal hearing. Any appeal must be lodged in writing to HR within 7 working days of the Employee being informed of the dismissal or on receipt of the warning. The HR Manager will be responsible for arranging the appeal and may appoint a Manager at a level of authority equal to, or above that of, the Supervisor or Manager who imposed the penalty to hear the appeal. The Manager will investigate the reasons for the warning or dismissal and will consider the grounds for the action taken. After hearing the appeal and considering the circumstances the Manager may:

14

•

Dismiss the appeal, or

•

Reduce the penalty, or

•

Hold that no offence was committed and that no record should be maintained

14.7

Gross Misconduct (Examples)

The following incidents are examples of gross misconduct and, as such, will result in summary dismissal (i.e. dismissal without notice or holiday pay). This list is not exhaustive: •

Intentional falsification of records

•

Using the computer or facilities to access, transmit, process or pass material which is regarded as inappropriate or could cause damage to the brand of Crystal Umbrella

•

Criminal offence which is incompatible with the Employee remaining in employment

•

Unauthorised possession, misuse or damage to Company property or the property of other Employees or the general public

•

Loss of driving licence or other qualifications for employment

•

Theft

•

Breach of health and safety rules or statutory regulations

•

Fraud

•

Fighting/assault

•

Abuse to customers

•

Acts committed at work which are incompatible with the standards of conduct, personal integrity or capability required by the Company for the proper performance of the Employee’s duties

•

Abuse of alcohol or drugs or being in possession of illegal substances

•

Breaches of confidentiality or unauthorised disclosure of information

Contractor Handbook

Crystal Umbrella Services Limited

15

Complaints and Grievance Procedure & Policy

15.1

Policy

If an Employee has a grievance relating to their employment it should be discussed with their Manager and resolved quickly. If this method is not successful then the following policy should be used. 15.2

Grievance Stages

At each stage of the process, when any decision is made regarding the outcome, a meeting will be held with the Employee. Full notes will be taken at each meeting and a copy will be given to HR. An Employee has the right to be accompanied by a fellow worker or trade union official where the grievance hearing concerns the performance of contractual commitments by the employer. 15.3

Informal Discussions

If an Employee has a grievance arising from any aspect of their employment they should raise it verbally with their immediate Manager who should endeavour to resolve it to the satisfaction of all concerned, where possible, within 10 working days. 15.4

Step One

If informal discussions have not led to a resolution then the grievance should be put in writing to the Employee’s Manager who will respond in 7 days. If you wish for a meeting please request this in your letter. Please note that you have the legal right to be accompanied at that meeting, and at any further such meetings, by a fellow worker or a full-time trade union official of your choice. The meeting may be postponed, at your request, and for up to five working days, if your chosen companion is not available to attend on the date set for the meeting in question. If your [supervisor/manager] cannot resolve your difficulty to your complete satisfaction within three working days, he/she will give you his/her reasons in writing and will advise you of your right to pursue the matter further through an appeal to your [head of department]. 15.5

Step Two

15.6

Step Three - Appeal

is not resolved, it may be raised in writing within 7 working days with the next level of Management. The Manager must 15 Ifgivetheamatter response within 5 working days and a fellow Employee of the Employee’s choice may accompany them at this meeting.

If the matter is still not resolved to the Employee’s satisfaction, they should put their grievance in writing to the Managing Director, or their appointed representative, within 7 working days. THE DIRECTOR’S DECISION IS FINAL 15.7

Timescales

The timescales laid down above should be regarded as the maximum time required at each stage. Where circumstances dictate, both sides may agree to an extension of the time limit, however the extension should be no longer than the original period laid down for the relevant stage in the procedure. 15.8

Alternatives

Should an Employee feel at any stage that the relevant Manager might compromise the integrity of a fair hearing; the Employee should submit their grievance to HR, indicating their concerns. HR will then ensure the appointment of an independent Manager to investigate the grievance.

Contractor Handbook

Crystal Umbrella Services Limited

16

Social Policy

Although such social events usually take place away from the workplace and outside of normal working hours, the Company’s standard code of conduct applies to such events. Whilst management does not wish to put a dampener on employees’ enjoyment of social events, it is in everyone’s interests to impose certain rules of conduct for the protection and comfort of all. Specifically, employees who attend work-related social events must adhere to the following rules and principles: •

Employees should consume alcohol only in moderation at work-related social events, irrespective of whether the Company provides or pays for the drinks.

•

The Company’s policy on harassment/bulling applies to work-related social events.

•

Employees should not say or do anything at a work-related social event that could offend, intimidate, embarrass or upset any other person, whether as a joke or not.

•

Swearing and intemperate language are unacceptable at work-related social events.

•

Employees must not behave in any way at any work-related social event that could bring the Company’s name into ill repute.

•

Any breach of the above rules will render the employee liable to disciplinary action under the Company’s disciplinary procedure, up to and including summary dismissal.

•

The above rules are in place for the benefit of all members of staff and to ensure that everyone can enjoy work-related social events in an atmosphere of conviviality without fear of being made to feel uncomfortable by another employee’s conduct.

17

Maternity and Paternity Policy

The Company complies with the spirit and the letter of the law on maternity and paternity rights. We will ensure that any Employee using these entitlements will understand and receive guidance to their entitlement. 17.1

Time Off For Domestic Incidents

All Employees with dependants have the right to take a short amount of unpaid time off during working hours, when it is reasonable for them to do so, in order to deal with sudden or unexpected problems and to make any necessary longer term arrangements.

16 Each case will be considered individually but the amount of leave should not be more than 2 days, as the time is to be used to make longer term arrangements and not to deal with actual situation. Holiday time may be requested if there is no alternative.

Employees must follow the same communication policy as the sickness policy, that is ringing in personally and before 10am. An agreement will be reached regarding how much time the Employee will be allowed to take under this provision. A person who is a dependant is somebody who lives with you, other than a lodger or tenant, in your household.

18

Maternity Leave

All pregnant Employees are entitled to take up to 26 weeks’ Ordinary Maternity Leave and up to 26 weeks’ Additional Maternity Leave, making a total of 52 weeks. This is regardless of the number of hours they work or their length of service. Additional Maternity Leave begins on the day after Ordinary Maternity leave ends. Ordinary Maternity Leave can start at any time after the beginning of the 11th week before the Employee’s expected week of childbirth (unless her child is born prematurely before that date in which case it will start earlier). Maternity leave will start on whichever date is the earlier of: •

The Employee’s chosen start date, or

•

The day after the Employee gives birth, or

•

The day after any day on which the Employee is absent for a pregnancy-related reason in the 4 weeks before the expected week of childbirth

If the Employee gives birth before her maternity leave was due to start, she must notify the Company in writing of the date of the birth as soon as reasonably practicable. The law obliges all Employees to take a minimum of 2 weeks maternity leave immediately after the birth of the child (4 weeks in the case of factory workers). 18.1.1 Ordinary Maternity Leave (OML) During the period of OML, the Employee’s contract of employment continues in force and she is entitled to receive all her contractual benefits, except for salary. In particular, any benefits in kind (such as life assurance, private medical insurance, permanent health insurance and private use of a company car) will continue; annual leave entitlement will continue to accrue; and pension contributions will continue to be made. Salary will be replaced by Statutory Maternity Pay (SMP) if the Employee is eligible to receive it. Employees are encouraged to take any outstanding annual leave due to them before the commencement of OML. Employees are reminded that holiday must be taken in the year that it is earned and therefore if the holiday year is due to end during maternity leave, the Employee should take the full year’s entitlement before starting her maternity leave. Contractor Handbook

Crystal Umbrella Services Limited

18.1.2 Additional Maternity Leave (AML) During the period of AML, the Employee’s contract of employment remains in force but only some terms of the contract will continue to apply. Normal contractual benefits will be suspended and the only terms that apply during AML are the following: •

The Employee is entitled to benefit from the Company’s implied obligation of trust and confidence

•

The Employee is entitled to receive her contractual notice period if her employment is terminated

•

The Employee is entitled to receive a redundancy payment in the event of redundancy

•

The terms and conditions in the Employee’s contract of employment relating to disciplinary and grievance procedures will continue to apply

•

The Employee is bound by her implied obligation of good faith to the Company

•

The Employee must give the Company the notice provided for in her contract if she wishes to terminate her employment

•

The Employee is bound by the terms in her contract relating to disclosure of confidential information, the acceptance of gifts or other benefits and the restrictions on participation in any other business

•

Annual leave continues to accrue

This part of maternity leave is unpaid. The Company reserves the right to re-employ the Employee to a similar role, but that is not less favourable in terms or work. 18.1.3 Continuity of Service The period of maternity leave (OML and AML) will not be treated as a break in service. 18.1.4 Notification In order to exercise her right to OML the Employee must notify the Company of:

17

•

The fact that she is pregnant

•

Her expected week of childbirth or the actual date of childbirth, if this has already occurred

•

The date she wishes the leave to commence

This notification must be given to the Company, in writing, not later than by the end of the 15th week before the expected week of childbirth unless this is not reasonably practicable. A MATB1 form must be provided. 18.1.5 Date of Commencement Maternity leave may commence at any time the Employee wishes after the 11th week before the expected week of childbirth (EWC). If the Employee is absent due to a pregnancy-related illness after the 4th week before her EWC, but before the date she has notified for her OML to begin, her OML will start automatically. If the Employee is absent due to pregnancy-related illness prior to the 4th week before her EWC, but on the date she has already notified the Company in writing she wishes her maternity leave to begin, the Company may insist that the maternity leave begins on that date The leave will commence on the actual date of birth if this is earlier than the notified leave date. 18.1.6 Return to Work Within 28 days of receiving the Employee’s notification of her intention to exercise her right to maternity leave, the Company will notify the Employee in writing of the date that she is expected to return to work. The date of expected return will be at the end of the OML or AML depending on the Employee’s entitlement. An Employee on OML or AML does not need to notify the Company of her return, unless she wishes to return earlier than the date notified to her by the Company, in which case she must give at least 28 days notice in writing. If she fails to give this notice the Company can delay the return until the notice period is satisfied, without pay. Any postponement cannot, however, extend further than the end of the maternity leave period. The above also applies to an Employee on AML. The return date can be postponed for up to 4 weeks should the Employee wish to exercise their right to Parental Leave and subject to the production of all relevant paperwork and compliance with notice periods. If an Employee has advised that she does not wish to exercise her right to return to work after the birth of her baby, the normal notice periods in respect of her employment will apply. If the Employee leaves (resigns or is dismissed) before the date she has notified the Company that she wants her maternity leave to start or before she has notified the Company of any date, she will lose her right to maternity leave. If the Employee is employed by the Company during the 15th week before her EWC but leaves before the baby is due she will still be entitled to Statutory Maternity Pay.

Contractor Handbook

Crystal Umbrella Services Limited

18.1.7 Statutory Maternity Pay (SMP) All Employees who are pregnant or who have just given birth are entitled to a maximum of 39 weeks’ SMP if; •

They have worked for the Company for at least 26 weeks ending with the qualifying week – that is the 15th week before the EWC

•

Their average weekly earnings in the 8 weeks up to and including the qualifying week (or the equivalent period if they are monthly paid) have been at least equal to the lower earnings limit for National Insurance (NI) contributions

•

They have given the Company 28 days notice of when they want their SMP to start

•

They have stopped work wholly or partly because of pregnancy or confinement

•

They have provided evidence of her EWC - MATB1 cannot be issued earlier than 20 weeks before EWC.

If an Employee is not entitled to SMP then the Company will issue An SMP1 form to them to explain why the Employee is not entitled to SMP. This form may assist the Employee in claiming other allowances/benefits and should be taken to their local social security office. 18.1.8 SMP Rates and Payment SMP is payable for up to 26 weeks at the following rates: •

The first 6 weeks at 90% of the Employee’s average weekly earnings prior to the qualifying week (QW - the 15th week before her EWC)

•

The remaining weeks are paid at the lesser of the SMP standard rate or 90% of the Employee’s average weekly earnings prior to the QW

If an Employee ceases employment before the QW, she will not qualify for SMP. SMP can only be paid when an Employee is not working. SMP will be paid at the same time and in the same manner that salaries are paid. A P45 will be issued upon receipt of notification that the Employee does not wish to return to work. SMP is treated as earnings; therefore deductions of Income Tax and NI contributions will be made.

18 18.1.9

Ante-Natal Care

A pregnant member of staff, irrespective of length of service, may receive paid time off during working hours to receive ante-natal care, provided that evidence of her appointment is shown to her Manager in advance. SMP must end when the employer has paid it for 26 weeks. However, the employer’s liability to pay SMP to an Employee could end sooner if: •

She starts work for a new employer after the birth of her baby but before the end of her MPP

•

She is taken into legal custody at any time during her MPP. SMP will not be resumed on discharge of custody but entitlement is not affected if voluntary assistance is given to police to help in their enquiries

•

The Employee dies. It cannot be paid to the family

•

If the Employee satisfies these conditions she qualifies for SMP even if she does not intend to return to work after the baby is born.

18.1.10 Sick Leave Sick leave is treated as continuous service; therefore, on their return to work after maternity leave, an Employee’s sick leave is calculated as though they had been continuously at work. 18.1.11 Holiday Holidays will only accrue throughout OML, however should the pro rata entitlement throughout the holiday year be less than 20 days per annum, a provision will be made and the Employee will receive a minimum of 20 days leave for the holiday year. The minimum 20 day entitlement is inclusive of Bank and Public Holidays. 18.1.12 Useful Definitions

SMP

Statutory Maternity Pay



OML

Ordinary Maternity Leave



AML

Additional Maternity Leave



EWC

Expected Week of childbirth



QW

Qualifying Week - 15 weeks before the EWC



MPP

Maternity Pay Period – the period during which SMP can be paid.



MATB1

Maternity certificate issued by doctor/midwife



SMP1

Form to be given to Employees not eligible to receive SMP Contractor Handbook

Crystal Umbrella Services Limited

18.2

Keeping-in-touch days

Except during the first two weeks after childbirth (four weeks in the case of factory workers), an employee can agree to work for the Company (or to attend training) for up to 10 days during either ordinary maternity leave or additional maternity leave without that work bringing the period of her maternity leave to an end and without loss of a week’s SMP. These are known as ‘keeping-in-touch’ days. Any work carried out on a day shall constitute a day’s work for these purposes. The Company has no right to require the employee to carry out any work, and the employee has no right to undertake any work, during her maternity leave. Any work undertaken, including the amount of salary paid for any work done on keeping-in-touch days, is entirely a matter for agreement between the Company and the employee. Any keeping-in-touch days worked do not extend the period of maternity leave. Once the keeping-in-touch days have been used up, the employee will lose a week’s SMP for any week in which she agrees to work for the Company.

19

Paternity Leave

19.1

Eligibility

To qualify for paternity leave, an Employee must: •

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

•

Be the biological father of the child or the mother’s husband or partner

•

Have worked continuously for the Company for 26 weeks leading into the 15th week before the baby is due

The Company reserves the right to ask eligible Employees to provide a self-certificate as evidence that they meet these eligibility conditions. 19.2

Length of Paternity Leave

Eligible Employees are entitled to take either 1 or 2 consecutive weeks’ paternity leave (not odd days), from:

19

•

The date of the child’s birth (whether this is earlier or later than expected), but within 56 days of the actual date of birth, or

•

A chosen number of days or weeks after the date of the child’s birth (whether this is earlier or later than expected)

The Employee will be eligible to full pay for the first week and statutory paternity pay of £100 for the second week. Only one period of leave per pregnancy will be granted, regardless of the number of children born. Employees must inform their Manager of their intention to take leave 15 weeks before the baby is due. 19.3

Return to Work after Paternity Leave

All eligible Employees will be entitled to return to the same job following paternity leave.

20

Adoption Leave

These rights entitle eligible Employees to take paid leave when a child is newly placed with them for adoption. 20.1

Eligibility

To qualify for adoption leave and pay, an Employee must: •

Be one member of a couple who adopt jointly (the couple may choose which partner takes adoption leave), or the partner of an individual who adopts

•

Be newly matched with a child for adoption by an approved adoption agency

•

Have worked continuously for the Company for 26 weeks leading into the week in which they are notified of being matched with a child for adoption

20.2

Length of Adoption Leave

Eligible Employees will be entitled to up to 26 weeks’ ordinary adoption leave followed immediately by up to 26 weeks’ additional adoption leave - a total of up to 52 weeks’ leave. Ordinary adoption leave will normally be paid leave. Additional adoption leave will usually be unpaid.

Contractor Handbook

Crystal Umbrella Services Limited

Eligible Employees can choose to start their leave: •

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

•

From a fixed date which can be up to 14 days before the expected date of placement

Leave can start on any day of the week. Only one period of leave will be available irrespective of whether more than one child is placed for adoption as part of the same arrangement. If the child’s placement ends during the adoption leave period, the eligible Employee will be able to continue adoption leave for up to 8 weeks after the end of the placement. 20.3

Statutory Adoption Pay (SAP)

During their adoption leave, an eligible Employee will be entitled to SAP paid by the Company for up to 26 weeks at the standard rate of £100 a week, or 90% of average weekly earnings if these are less than £100. Employees whose average weekly earnings are below the lower earnings limit for NI will not qualify for SAP. 20.4

Notification

Eligible Employees will be required to inform the Company of their intention to take adoption leave within 7 days of being notified by their adoption agency that they have been matched with a child for adoption, unless this is not reasonably practicable. They will need to advise the Company: •

When the child is expected to be placed with them

•

When they want their adoption leave to start

The Company will have 28 days in which to respond to staff notification of their leave plans and will write to the Employee setting out the date on which they expect the Employee to return to work if the full entitlement to adoption leave is taken. 20.5

Matching Certificate

Eligible Employees will have to give the Company documentary evidence – a ‘matching certificate’ – from their adoption agency as evidence of their entitlement to SAP. The Company can also ask for this certificate as proof of entitlement to adoption leave.

20

Eligible Employees should ask their adoption agency for a matching certificate which will include basic information on matching and expected placement dates. 20.6

Contractual Benefits

Eligible Employees are entitled to the benefit of their normal terms and conditions of employment, except for terms relating to wages or salary, throughout their 26 week ordinary adoption leave period. During additional adoption leave, the employment contract continues and some contractual benefits such as holiday accrual and pension provisions remain in force. 20.7

Returning to Work

Employees who intend to return to work at the end of their full adoption leave entitlement will not have to give any further notification to the Company. Employees who want to return to work before the end of their adoption leave period must give the Company 28 days’ notice of the date they intend to return. 20.8

Paternity Leave and Pay (Adoption)

The rights to paternity leave and pay give eligible Employees the right to take paid leave to care for their new child or support the adopter following the placement of a child for adoption. 20.9

Eligibility

To qualify for paternity leave an Employee must: •

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

•

Be the adopter’s spouse or partner

•

Have worked continuously for the Company for 26 weeks leading into the week in which the adopter is notified of being matched with a child

The Company can ask their Employees to provide a self-certificate (see below for further details) as evidence that they meet these eligibility conditions.

Contractor Handbook

Crystal Umbrella Services Limited

20.10

Length of Paternity Leave

Eligible Employees can choose to take either 1 or 2 consecutive weeks paid paternity leave (not odd days). They can choose to start their leave: •

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

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

From a chosen date

Leave can start on any day of the week on or following the child’s placement, but must be completed within 56 days of the child’s placement. Only one period of leave will be available to Employees irrespective of whether more than one child is placed together. 20.11

Notification

Eligible Employees will be required to inform the Company of their intention to take paternity leave within 7 days of the adopter being notified by their adoption agency that they have been matched with a child, unless this is not reasonably practicable. They will need to advise the Company: •

When the child is expected to be placed with them

•

Whether they wish to take 1 or 2 weeks leave

•

When they want their adoption leave to start

20.12

Statutory Paternity Pay (SPP)

During their paternity leave, most Employees will be entitled to SPP from the Company at actual salary for the first week and £100 per week for the second week. Employees who have average weekly earnings below the lower earnings limit for NI purposes will not qualify for SPP. Self-Certificate 21 20.13 Employees must give the Company a completed self-certificate as evidence of their entitlement to SPP. The Company can also request a completed self-certificate as evidence of entitlement to SPP. The self-certificate must include a declaration that the Employee meets certain eligibility conditions and provide the information specified above as part of the notice requirements. By providing a completed self-certificate, the Employee will be able to satisfy both the notice and evidence conditions for paternity leave and pay. 20.14

Contractual Benefits

Eligible Employees are entitled to the benefit of their normal terms and conditions of employment, except for terms relating to wages or salary, throughout their paternity leave. 20.15

Returning to Work

All eligible Employees will be entitled to return to the same job following paternity leave. 20.16

Parental Leave

Parental Leave is the right to take time off work to look after a child or make arrangements for their welfare. Parents can use the time to strike a better balance between work and home. Both mothers and fathers can take parental leave which is unpaid and for a period of up to 13 weeks (18 weeks for a disabled child). This leave is per child and can be taken in blocks of weeks, up to 4 weeks in a year. Employees with children born on or after December 1999, who want to take parental leave, must have worked for the Company for a minimum of a year by the time they wish to take the leave. Parental Leave entitlements must be taken, or lost, by the child’s 5th birthday (18th birthday for a child receiving Disability Living Allowance). In cases of adoption, the entitlement runs to the 5th anniversary of the placement or until the child’s 18th birthday, whichever is earlier. 20.17

Notification

To utilise their right to Parental Leave, an Employee must provide: •

Birth certificate or evidence of adoptive placement

•

Evidence of parental responsibility

•

Evidence of entitlement to Disability Living Allowance (if appropriate)

•

21 days written notice indicating beginning and end dates of leave

Contractor Handbook

Crystal Umbrella Services Limited

Where a child is being adopted and the parent needs to take leave from the date of the placement, an Employee must provide: •

Evidence of the week in which the placement is to begin

•

Duration of the leave

•

21 days notice prior to week of commencement, where practicable, or as soon as possible

Where the father of the child wishes leave to commence on the day on which the child is born, he must: •

Provide a copy of the MATB1 form

•

Specify the expected week of childbirth and the duration of the leave

•

Be given at least 21 days’ before the beginning of the expected week of confinement

20.18

Postponement of Leave

The Company reserves the right to postpone leave where the operation of the business would be unduly disrupted if the Employee took leave during the time specified. Following consultation with the Employee, the Company will indicate a date no later than 6 months after the date on which the original request should have began. The postponed leave will be of the same duration as that originally requested. The new dates for the leave will be confirmed in writing no later than 7 days after the Employee’s initial request for leave was submitted and will state the reason for the postponement along with the new dates on which the leave is to be taken. Please note that leave cannot be postponed when the Employee gives notice to take leave immediately after the time the child is born or is placed with the family for adoption. 20.19

Moving Company during Entitlement

Where an individual is entitled to Parental Leave, but moves Company, the entitlement will not re-commence until they have completed 1 year’s service. 20.20

22

Stakeholder Pension

There is a stakeholder pension scheme that Employees can join. We can recommend independent financial advisors to assist you with your pension decisions.

21

Health & Safety

21.1

Information & Communication

Health & Safety information can be found on the Health & Safety notice boards at each site. Information held on the board includes details of: •

First Aiders

•

Fire Marshalls

•

Fire evacuation procedures and fire assembly point

•

Health & Safety contacts at the location concerned

•

Health & Safety policy statement

The Company consults with all employees on matters affecting their health and safety at work. Information is also provided during team briefings where Managers will seek input from employees. Any issues or areas of concern can be raised at these briefings. 21.2

Clear Desk Policy

At the end of each working day employees are required to ensure their desk is cleared of paperwork and their workstation is neat and tidy. 21.3

Smoking

The Company does not allow smoking on any of its premises. . Under the Prohibition of Smoking in Certain Premises Regulations 2006 public places and workplaces became smoke-free, with the exception of a limited number of exemptions. Vehicles used for business purposes are also affected by the new law. These include light and heavy goods vehicles and public transport such as taxis, buses, trains and ferries. All cars, however, will be exempt. 21.4

Suspicious Packages

Always be alert to the possibility, remote, as it may seem, of bomb threats. Look out for parcels, carrier bags and any suspicious objects left unattended near entrances, stairs, corridors, landing, or near any parked cars. Do not examine or interfere with these objects, but report them to the Security Staff immediately. Please refer also to the Information Security Policies Manual.

Contractor Handbook

Crystal Umbrella Services Limited

21.5

Responsibilities

Main operational responsibilities for health and safety arrangements within the organisation are: •

Line Management

•

Directors

•

Human Resources Manager

21.6

Employee Responsibilities

It is the duty of all employees while at work: •

To take reasonable care for their own safety, health and welfare and that of any other person.

•

To report any defects in work equipment or practices that may affect the safety, health and welfare of employees and/or visitors.

•

Ensure that any equipment is correctly used and properly stored

•

Be responsible for good housekeeping in the area in which they are working and avoid creating trip hazards.

•

Co-operate with those responsible for implementing health & safety control measures and procedures.

•

Report all accidents, incidents, dangerous occurrences and hazards in accordance with The Company procedures.

By observing the following safety steps, injury to either yourself or others can be avoided:

23

•

Avoid handling loads unless trained to do so and seek assistance where a load is too heavy or awkward.

•

Do not store or stack items at high level, i.e. on the top of filing cabinets, Items may become unstable and fall.

•

Take care when using the stairwells within the building; hold the handrail to avoid injury from trips and falls.

•

Ensure that personal belongings, boxes, files are not left where they where they could become trip hazards.

Any action, which endangers the health and safety of another person whilst at work, will lead to disciplinary action being taken which could result in dismissal.

22

First Aid & Accident Reporting

22.1

First Aid Staff

Appropriate numbers of First Aid Staff are trained at each office to be relevant to the risks, numbers of staff and office layout. Please ensure that if a member of staff needs medical help, a first aider is summoned before any other action is taken 22.2

First Aid Kits

First Aid kits are provided and you should acquaint yourself with the location of these. Locations of First Aid Kits are provided on the Health & Safety Notice Boards. Items must not be taken from the First Aid Box without first notifying a first aider. Under regulations governing dispensing of medicines, The Company are unable to hold any medication on the premises. Thus we are not able to issue paracetamol or similar medication to staff. 22.3

Reporting Accidents

All accidents, no matter how slight, must be reported to your immediate Manager, an Accident Report Form should be completed and the accident should be recorded in the Accident Report Book. 22.4

Fire Safety

For your own safety and that of others, it is very important that you are fully acquainted with arrangements for Fire Prevention, Fire Detection, Evacuation procedures and other arrangements. All visitors, contractors and temporary staff must also be made aware of Fire Evacuation procedures. 22.5

Fire Prevention

For yours and others safety, fire exit doors and walkways must be kept clear from obstruction at all times. Maintain good housekeeping and general tidiness in all areas and at all times. Do not allow piles of rubbish or boxes to accumulate and avoid placing them by electrical equipment and other sources of heat or ignition. A No Smoking policy exists throughout all The Company premises and must be adhered to at all times. Similarly any client no smoking policy must also be maintained by The Company employees. An assessment of Risk within the workplace is undertaken by Health & Safety support staff to improve management and reduce the risk of fire starting. Contractor Handbook

Crystal Umbrella Services Limited

All electrical appliances should be switched off at the end of the day, unless required to run continuously, e.g. PC’s. You should not bring personal electrical equipment for use in the office unless it has been authorised and tested within the appliance testing arrangements. The Company has a clear desk policy and paperwork should be cleared away from desks, etc, when not being worked at. Regular electrical testing is undertaken which reduces the risk of fire starting from electrical faults. Staff should report any damaged electrical equipment or cables immediately. Overloading of power sockets must be avoided and extension leads must be ‘daisy chained’. If you notice any fire risks, hazards or breaches of any fire arrangements you must report these immediately to either your Fire Marshal or Manager. 22.6

Fire Detection

Fire alarm systems are installed throughout The Company offices. Some have smoke detectors and all have alarm activation points. Be aware of where these are located. Be aware of the audible alarm testing arrangements applicable to your office. Audible alarms are checked on a regular basis. 22.7

Fire Marshals / Wardens

Fire Marshals are appointed to cover appropriate areas and will ensure that fire arrangements are being observed and co-ordinate evacuation procedures. Deputies are appointed to assist and cover in the absence of the Fire Marshal. Acquaint yourself with your appointed Fire Marshal and deputy for your area. Details can be found on the Health & Safety notice board. In the event of a fire, you must follow any instructions given by a Fire Marshal. 22.8

Fire Alarm Testing / Drills

The fire alarms are tested at all The Company locations on a regular basis, you will be informed prior to when these are due to happen. You should ensure you are familiar with the fire alarm tones and meanings at your place of work. 22.9

Signs, fire doors and equipment

These items are provided for the safety of staff. Please ensure that you acquaint yourself with their position and ensure they are not obstructed, misused or removed at any time.

extinguishers are provided, suitably mounted on walls or stands, clearly identifiable and subject to servicing every 12 months. 24 Fire You should not use fire extinguishers unless it is safe to do so and you are trained in their operation and use. 22.10

Discovering a Fire

Any person discovering a fire should immediately sound the alarm by breaking the glass covering one of the fire alarm points situated around the building. They should then proceed to the assembly point to give a firsthand report to their Fire Marshal or Manager who will then report this to the Building Manager for notification to the Fire Service. You should not take any unnecessary risks. People’s lives and safety are the most important consideration.

IF IN DOUBT - SOUND THE ALARM On hearing the fire alarm - everyone must evacuate the building in an orderly fashion. Do not panic, keep calm, walk - do not run. Do not carry food or drink out of the building. Make your exit using the designated evacuation route DO NOT: •

USE LIFTS

•

STOP TO COLLECT PERSONAL BELONGINGS

•

RETURN TO THE BUILDING UNTIL ADVISED TO DO SO BY A FIRE MARSHAL.

Be aware of the alternative evacuation routes so that you may use these if the designated route is not available. On evacuation, all persons must assemble and report to their respective Fire Marshal at the Assembly Point. You should group together with your colleagues for ease of checking all staff/visitors are present. Evacuation will be carried out by either a clean sweep and/or a roll call depending on arrangements with the landlord at your site. If you leave your normal place of work tell someone where you are going. This helps if there is a fire evacuation and all staff must be accounted for. Ensure you have booked out where any Signing in Book is maintained. Be aware that the emergency services may be approaching via the access roads. Signing in books will be taken out by the Fire Marshals when evacuation occurs. DO NOT WANDER OFF - stay in your group until the ‘all clear’ is given.

Contractor Handbook

Crystal Umbrella Services Limited

22.11

Returning to your place of work

Do not attempt to return to the building until the ‘all clear’ has been given. This signal will be given by the Fire Marshal present. Please acquaint yourself fully with the Fire Evacuation Procedure, Fire Exit Positions, escape routes and assembly points for your area. Details of Fire Evacuation Procedures, Fire Marshals and Assembly Points are provided on the Health & Safety Notice Boards. If a fire occurs outside of normal office hours Check local arrangements on the staff notice board or with the Health & Safety Co-ordinator. At some sites, tenants are responsible for calling the Fire Brigade out of office hours, at others; it may be the responsibility of reception or security staff. 22.12

Department Management

Management are responsible for the safety of persons under his/her control, and so he/she must be satisfied that they know what to do if an emergency arises. Persons include all staff, visitors, contractors and temporary staff within their working area. S/he is responsible for ensuring that: Fire Marshals are appointed in all areas coming under his/her control and that at least one is present at all times. If a signing-in book is used on-site, the Fire Marshal is responsible for ensuring it is used. On evacuation, having gathered at the assembly area, a full roll call may be carried out if this is the arrangement for your site. Any known absences must be reported to the Fire Marshal. 22.13

Evacuation Drills

Evacuation drills are held at least once per year. You will not be told when a drill will be carried out and should treat this as a genuine emergency and follow the evacuation procedures. 22.14

25

Disabled Persons

Where persons attending The Company offices have a disability, which affects their ability to vacate premises, management should liaise with Health & Safety staff to ensure that local procedures are in place to cover emergency evacuation. These must be agreed with the Building Manager and the Fire Officer from the local fire service. These may include designation of a safe refuge area and of a ‘buddy’ to assist and remain with the disabled person. Temporary arrangements must also be arranged where temporary disability occurs. Where any persons with hearing disability are attending offices, ensure arrangements exist for advising them of an alarm situation. 22.15

HIV & Acquired Immune Deficiency Syndrome (AIDS)

First-Aiders will receive specialist training on how to protect themselves and others against the risk of contracting AIDS. They will be instructed in the correct techniques to follow when treating injured people, dealing with the spillage of body fluids and administering artificial respiration. 22.16

Eyesight

It is company policy that all employees are provided with an eyesight test funded by the company upon request from the employee. These are available at 2-year intervals thereafter or earlier if either indicated by the optician or where difficulties arise. The eyesight test will be undertaken at an optician of the company’s choice. To arrange an eyesight test, employees should contact their Human Resources department who will advise of local arrangements. Regular check-ups are advisable and should not be neglected. If the employee is advised that corrective lenses for VDU use are needed, these must be obtained and worn, and the company will meet the cost of the basic appliance required for this purpose. Where the employee requests corrective lenses higher than the basic cost, then the employee must meet the additional cost. Further information regarding eyesight tests can be obtained from the Human Resources Department. For information on general health and safety matters, see the Health and Safety policy. 22.17

New and Expectant Mother

The company will undertake on a regular basis, a risk assessment of the work activities of new and expectant mothers to identify significant risks to health, safety or welfare of the mother and/or child. If such risks are identified, measures will be agreed to ensure these are reduced to an acceptable level. 22.18

Signing in for Visitors

In the interests of safety it is vital that we are able to identify and account for the number of individuals on the premises. The most efficient practice to achieve this is via a signing-in procedure. Therefore, visitors entering the building will be required to sign in and out at the security reception.

Contractor Handbook

Crystal Umbrella Services Limited

22.19

Personal Visitors

With the exception of designated open days, personal visitors are not allowed in the operations areas. 22.20

Laptop Computers

Laptops are always susceptible to theft because of their high value, small size and resale potential. If you are issued with a Laptop, it is your responsibility to look after it. 22.21

Display Screen Equipment

Display Screen Equipment (DSE) is used extensively in The Company. It is important therefore that all staff are aware of the importance of the proper use of such equipment. 22.22

Workstation Design

When new equipment is selected, due consideration is given to the health and safety aspects of its design. Screens and keyboards receive particular attention and, whenever required, anti-glare screens are provided. •

Chairs with adjustable height and back support are provided at all DSE workstations.

•

Employees using DSE are urged to adjust the workstation to suit their own needs before commencing work as follows:

•

Adjust height and position of chair

•

Ensure that lighting is adequate and appropriate

•

Ensure that DSE screen is clean and adjust brightness and sharpness of image if necessary

•

Position all equipment (such as keyboards) so as to avoid awkward posture or movements. Particular care should be taken to avoid repeated stretching movements.

In relation to the above, employees should consult their DSE Assessors or immediate supervisors for advice concerning any problems, which arise.

26

Employees whose workload includes the operation of DSE as well as other duties are encouraged as far as possible to organise their working time so that DSE work is interspersed with other activities, whilst maintaining an acceptable level of productivity and efficiency. 22.23

Display Screen Equipment (DSE) Assessment

A trained assessor will conduct a risk assessment for every DSE user. For home-based staff this will be undertaken remotely within the Company office, which you are linked to. This process will include looking at the equipment (PC Monitor, keyboard, mouse), workstation (desk, chair, etc), work environment (lighting, temperature, etc) and their interaction with the employee when using them. Staff will be provided with information on using DSE and asked to complete a DSE Risk Assessment form. Training in the Health & Safety aspects of using a workstation will be provided during the assessment and staff will be able to raise any points causing you concern or discomfort. Where risks are identified we will take steps to reduce them. Information will be provided where appropriate on such matters as: •

Planning work for changes of activity or breaks

•

Reducing risks through good ergonomic position

•

Arranging free eye tests and contributions to cost of spectacles required for DSE use.

•

Best layout of equipment at your workstation for Health & Safety purposes

•

Recommendations and provision of additional equipment e.g. foot rests, glare filters, wrist rests

Employees are required to comply with the advice given by DSE assessors and to use equipment provided. Where significant changes to the employee’s workstation or equipment occurs, e.g. office moves, then a new DSE Risk Assessment will be undertaken. Otherwise, DSE Risk Assessments will be conducted on an annual basis. 22.24

Report problems

Constant use of DSE may carry a small, but real risk of injury to the hand/wrist/arm/shoulder/neck, often because the work involves repetitive wrist movement. This may present itself as aches and pains in hands and arms. Constantly looking at a DSE screen can cause eyestrain. If you experience any problems or health issues relating to the use of your equipment, report these immediately to your manager or DSE Assessor. Do not wait for your next scheduled assessment. The DSE assessment form and user guide are located on HR Navigator.

Contractor Handbook

Crystal Umbrella Services Limited

23

Employee Wellbeing Policy

23.1

Introduction

The organisation has developed this employee wellbeing policy to manage its obligations to maintain the mental health and wellbeing of all staff. It covers the organisation’s commitment to employee health, the responsibilities of managers and others for maintaining psychological health, health promotion initiatives, communicating and training on health issues, the range of support available for the maintenance of mental health, and organisational commitment to handling individual issues. 23.2

Objectives

The aim of this policy is to describe the organisation’s commitment to the mental health and wellbeing of employees in its broadest, holistic sense, setting out how the organisation fulfils its legal obligations, the responsibilities of different functions and specialists and the range of services available to help employees maintain health and wellbeing. The organisation recognises that wellbeing and performance are linked. Improving employees’ ability to handle pressure and to balance work and home life will ultimately lead to improved individual and organisational performance. 23.3

Organisational Commitment

The organisation has legal obligations under health and safety legislation to manage risks to the health and safety of employees. In addition to reducing safety risks, this means operating the business in a way that minimises harm to employees’ mental health, for example by ensuring that the demands of jobs are not unacceptable and having policies and procedures in place to support individuals experiencing mental ill health at work. The organisation will put in place measures to prevent and manage risks to employee wellbeing, together with appropriate training and individual support. It will also seek to foster a mentally healthy culture by incorporating these principles into line manager training and running regular initiatives to raise awareness of mental health issues at work. 23.4

Responsibilities:

23.4.1 Employer

27

The employer has a legal duty of care to employees to ensure health at work, as set out in the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999. The employer will ensure that its policies and practices reflect this duty and review the operation of these documents at regular intervals. 23.4.2 Line Managers Line managers will put in place measures to minimise the risks to employee wellbeing, particularly from negative pressure at work. Managers must familiarise themselves with the Health and Safety Executive’s stress management standards, and use these to mitigate psychological risks in their teams. For example, managers should ensure that employees understand their role within the team and receive the necessary information and support from managers and team members to do their job. Managers must also familiarise themselves with the organisation’s policies on diversity and tackling inappropriate behaviour in order to support staff, for example on bullying and harassment issues. In particular, line managers must ensure that they take steps to reduce the risks to employee health and wellbeing by: •

ensuring that the right people are recruited to the right jobs and that a good match is obtained between individuals recruited and job descriptions and specifications;

•

keeping employees in the team up to date with developments at work and how these might affect their job and workload;

•

ensuring employees know who to approach with problems concerning their role and how to pursue issues with senior management;

•

making sure jobs are designed fairly and that work is allocated appropriately between teams; and

•

ensuring that work stations are regularly assessed to ensure that they are appropriate and fit for purpose.

23.4.3 Human Resources The HR department will develop organisation-wide policies and procedures to protect the wellbeing of employees, assist line managers in supporting individuals, and liaise as appropriate with occupational health and other medical professionals, with the object of helping employees to maintain good psychological health. 23.4.4 Occupational Health Occupational health professionals will provide a comprehensive service designed to help employees stay in work, or to return to work, after experiencing mental health problems. This will include preparing medical assessments of individuals’ fitness for work following referrals from line managers and the HR department, liaising with GPs and working with individuals to help them to retain employment. Occupational health professionals will play a critical part in developing rehabilitation plans for employees returning to work after absences related to mental ill health, and work with GPs and line managers on designing jobs and working environments to ensure that rehabilitation is successful. Occupational health professionals will also design and implement health promotion and lifestyle behaviour management programmes, including initiatives on managing pressure and ongoing health conditions at work. Contractor Handbook

Crystal Umbrella Services Limited

23.4.5 Employee Assistance Programme Provider The provider of external employee assistance services [insert details] will alert the organisation’s management to clusters or ‘hotspots’ of psychological risk in the organisation, drawing on anonymous data provided by calls to its 24-hour helpline and information from face-to-face counselling with employees. 23.4.6 Employees Employees must take responsibility for managing their own health and wellbeing, by adopting good health behaviours (for example in relation to diet, alcohol consumption and smoking) and informing the employer if they believe work or the work environment poses a risk to their health. Any health-related information disclosed by an employee during discussions with managers, the HR department or the occupational health service is treated in confidence. 23.5

Health Promotion Initiatives

The organisation will develop and run a range of health promotion initiatives designed to raise awareness of health and lifestyle issues affecting mental health and wellbeing. Occupational health professionals and the HR department will have primary responsibility for leading these programmes, but line managers and employees will be expected to participate. These programmes will be evaluated to determine their effectiveness. The programmes will cover: •

stress management;

•

disability awareness;

•

bullying and harassment;

•

handling violence and traumatic incidents at work;

•

lifestyle behaviours, with voluntary screening (for example in relation to alcohol, drugs and smoking); and

•

physical activity and fitness.

Employees will also be encouraged to establish clubs and groups designed to foster wellbeing, for example lunchtime walking or dancing clubs. Training and Communications 28 23.6 Line managers and employees will regularly discuss individual training needs to ensure that employees have the necessary skills to

adapt to ever-changing job demands. An examination of training needs will be particularly important prior to, and during, periods of organisational change. Managers and employees are encouraged to participate in communication/feedback exercises, including stress audits and staff surveys. All employees are expected to be aware of the importance of effective communication and to use the media most appropriate to the message, for example team meetings, one-to-one meetings, electronic communications and organisation-wide methods. The organisation will ensure that structures exist to give employees regular feedback on their performance, and for them to raise concerns. The organisation will consider special communication media during periods of organisational change. 23.7

Occupational Health Support

Line managers and employees can contact the organisation’s occupational health service on [telephone number/e-mail address]. A comprehensive occupational health service is available, from individual health screening to the design of return-to-work plans for those rehabilitating after a period of long-term sickness absence. Workplace wellbeing services provided by the occupational health team include: •

workstation assessments;

•

pre-employment screening;

•

fitness-for-work assessments;

•

eye tests for users of visual display screen equipment;

•

in-work screening for health risks, including for coronary heart disease;

•

vaccination service;

•

post-incident support;

•

designing and advising on health promotion initiatives; and

•

health and safety training.

If employees believe that their work, or some aspect of it, is putting their wellbeing at risk they should, in the first instance, speak to their line manager or the HR department. The discussion should cover workload and other aspects of job demands, and raise issues such as identified training needs.

Contractor Handbook

Crystal Umbrella Services Limited

A referral to the occupational health team will be made if this is considered appropriate after an employee’s initial discussion with his/her manager or the HR department. Discussions between employees and the occupational health professionals are confidential, although the occupational health team is likely to provide a report on the employee’s fitness to work, and any recommended adaptations to the working environment, to the HR department. Other measures available to support employees in maintaining health and wellbeing include [delete as appropriate and insert more details on specific programmes and policies]: •

an employee assistance programme;

•

procedures for reporting and handling inappropriate behaviour (for example bullying and harassment);

•

subsidised gym/sports facilities;

•

a lifestyle management programme;

•

a stress management/handling pressure programme;

•

special leave arrangements;

•

opportunities for flexible working;

•

support for workers with disabilities; and

•

the organisation’s grievance policy.

This employee wellbeing policy should be read in conjunction with other policies and procedures covering attendance and health, including policies on work-life balance, special leave, flexible working, the management of short and long-term absence, sick pay, bullying and harassment, violence at work, equal opportunities and staff training and development. When to use this document Use this document to set out your organisation’s commitment to managing staff health and wellbeing. 23.8

Law relating to this document

Health and Safety at Work etc Act 1974 Management of Health and Safety at Work Regulations 1999 SI 1999/3242. The Health and Safety at Work etc Act 1974, section 2 requires employers to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees.

29 The Management of Health and Safety at Work Regulations 1999 require employers to make arrangements to ensure the health and safety of their employees by, for example, performing risk assessments, providing employees with information and training, assessing employees’ capabilities and promoting employee wellbeing through effective health surveillance programmes.

Contractor Handbook