Employee Handbook Section One
Contents
Image text:
Top box “NIC for Local Government Services. National Agreement on Pay and Conditions of Service. GREEN BOOK”.
Second row, four boxes “New STC Staff NALC Model T&C”, “Existing STC Staff NALC Model T&C”, “Former CEC TUPE Staff CEC T&C”, “Transfer of Undertaking (Protection of Employees) TUPE Regulations (Revised 2006)”
Box under “Transfer of Undertakings”, with text “Economic, Technical and Organisational”
Box overlapping “Existing STC Staff” and “Former CEC TUPE Staff” with text “Contract of Employment (including Statement of Particulars and Job Description)”
Box under “Contract of Employment” with text “Macclesfield Town Council”
Two circles overlapping “Macclesfield Town Council” with text “Policies” and “Procedures”
1. Introduction
Welcome to Macclesfield Town Council. We hope you will be very happy as part of our team.
To do so, it is essential that we maintain a positive working environment which enables all of our employees to work to their full potential. We hope you will assist us in achieving this aim by observing our rules, policies and procedures.
It is your responsibility to study the contents of this handbook. By doing so, you will gain useful information about our culture and values. You will also find out what you can expect from us as an employer and what we will expect of you as an employee.
Section 1 of this handbook is contractual and section 2 is a summary of our policies and procedures. Together with your offer letter and your Statement of Main Terms and Conditions, the contents of Section 1 of this handbook (where suitable for incorporation as contractual terms) form part of your contract of employment. Accordingly, it is your responsibility to read and understand the contents of the handbook. In the event of any conflict between the terms of Section 1 of this handbook and your Statement of Main Terms and Conditions, the terms of the latter document will prevail.
Section 1 of this Handbook and your Statement of Main Terms and Conditions of Employment are supplemented by the policies and procedures summarised in Section 2 which are relevant to your employment. Such policies are not contractual but they are important documents and you are required to be aware of their contents. Our policies will be reviewed and updated from time to time. We reserve the right to make reasonable modifications to the content of the handbook from time to time. Minor changes of detail, or changes required to comply with cur-rent legislation, will be notified to you by general notice. Any fundamental alterations will only be implemented following full consultation with the relevant employees.
This Handbook and your Statement of Particulars of Employment are supplemented by further policies relevant to your employment (contained within the Green Book, a nationally agreed set of Pay and Conditions of Service specifically for employees of Local Councils.) a copy of which is available from the Town Clerk on request and can be viewed by appointment. Such policies are not contractual but they are important documents and you are required to be aware of their con-tents. Our policies will be reviewed and updated from time to time.
The diagram on page 4 shows the documents that form your Terms and Conditions, it is your responsibility to familiarise yourself with each document. If you need assistance then you must ask the Town Clerk for guidance.
2. Joining the Organisation
2.1 Personnel File
2.1.1 On the commencement of your employment, we create a personnel file containing documents, letters, etc. relating to your employment with us.
2.1.2 We hold personal data to ensure compliance with our record keeping obligations and for the purpose of personnel administration. All personal data is retained by us in a manual or computerised form and is processed by us and or/our representatives in accordance with the cur-rent statutory requirements. If your personal data is to be shared with any third party outside of the organisation, this will be in compliance with the GDPR.
2.1.3 We may use the information we hold to contact you when required. Such contact may require to be made outside your normal working hours.
2.1.4 In accordance with data protection legislation, we maintain our records as accurately as possible. We require to be advised of any change in your personal circumstances or details, e.g. telephone number, change of address, change of next of kin.
2.1.5 You have the right to access, on request, certain information held by us on file about you.
2.1.6 We shall usually provide you with a copy of the requested information within 1 month of a valid request. We may on occasion, when your request is made via an unrecognised email address, for example, ask for evidence of verification that the request is from yourself. In exceptional circumstances where the deadline cannot be reached, we will write to you within 1 month of the verification of your request to advise of when the information will be provided.
2.2 Identity Documentation
2.2.1 Before starting work with us, we shall have requested documentation from you proving your entitlement to work in the UK.
2.2.2 We are required to check and to satisfy ourselves that you are the rightful holder of any document/s that you provide to us. All documents are checked for the likeness of photographs, dates of birth being consistent with your appearance, expiry dates, stamps, endorsements and names. Photocopies of the document/relevant parts of the document will be kept on your personnel file.
2.2.3 Depending on the particular documentation with which you have provided us prior to commencing your employment, we may require to undertake follow-up checks of your documentation on an annual basis. If in such circumstances you are unable to provide us with original copies of the documentation required in terms of the relevant legislation, your employment will be terminated.
2.3 Vetting, Barring and Referrals
2.3.1 Due to the nature of our business, we comply fully with the requirements of the vetting and barring checks administered by the Disclosure and Barring Service (DBS). Accordingly, if you have been recruited or transferred to work in a ‘regulated’ activity in terms of the relevant legislation, we shall require you to undertake an enhanced criminal record check.
2.3.2 Unsatisfactory checks may require us to terminate your employment.
2.3.3. In terms of vetting and barring, we shall comply with our duty to refer to the DBS any relevant information concerning any employee working with children or vulnerable adults in a regulated or controlled activity where that employee has allegedly caused harm or poses a risk of harm to children and/or vulnerable adults.
2.3.4 Arrangements in respect of the reimbursements of the costs incurred in obtaining enhanced criminal record disclosures and registering with the DBS will be agreed with you in advance of the application.
2.3.5 In terms of the vetting and barring scheme, we comply with our duty to refer to the ISA any relevant information concerning any employee working with children or vulnerable adults in a regulated or controlled activity where that employee has allegedly caused harm or poses a risk of harm to children and/or vulnerable adults.
2.3.6 Arrangements in respect of the reimbursements of the costs incurred in obtaining enhanced disclosures and registering with the ISA will be agreed with you in advance of the application.
2.4 References
2.4.1 We obtain satisfactory references for all new employees. After having made a job offer to you, we request a minimum of two written references. Normally, any job offer will be conditional upon the receipt of satisfactory references prior to your starting date.
2.4.2 If you commence employment with us prior to our receipt of your references and one or both of the references subsequently received contains information that is adverse to you, or if the information received contradicts information provided by you, we may seek to obtain further references and may interview you again to clarify matters.
2.4.3 Unsatisfactory references and/or the failure to provide references may require us to terminate your employment.
2.5 Job Description
2.5.1 You will be issued with a Job Description for your role with us. It describes the main tasks and responsibilities of your job so that there is a proper understanding of the requirements of your job.
2.5.2 To reflect the changing needs of the organisation, adjustments to your Job Description may be necessary from time to time. (You will be consulted before any change.)
2.5.3 Any job description provided to you will be appended to your contract of employment unless specified otherwise.
2.6 Probationary Period
2.6.1 Your first 13 weeks of employment with us is a probationary period allowing us to monitor your capability, suitability and conduct.
2.6.2 Your employment may require to be terminated during, or at the conclusion of, your probationary period if we consider you to be unsuitable for your particular role. Alternatively, we may decide to extend your probationary period to allow us further time to assess your suitability.
2.6.3 Any authorised leave taken during the probationary period will normally result in an equivalent extension of the duration of the probationary period.
2.7 Induction
2.7.1 We shall attempt to ensure that you are introduced to your job in a manner appropriate to the work to be undertaken by you. You will be trained, where necessary, in order that you are aware of our culture and our practices and can operate safely and to the required standard.
2.7.2 If, following your induction, you are confused about any aspect of our procedures or practice, or you have any concerns regarding your ability to operate safely and to the required standard, you should contact the Town Clerk.
3. Our Rules and Standards Of Conduct
3.1 Timekeeping
3.1.1 Our productivity, efficiency and effectiveness depend on the regular and punctual attendance of all employees.
3.1.2 Your Statement of Particulars of Employment specifies the minimum hours that you are contractually required to work, including your start and finish times and any designated rest breaks.
3.1.3 You are responsible for ensuring that you arrive at work early enough to enable you to begin your work at the appointed start time. Similarly, you are required to remain at work at least until your contracted finishing time, unless granted prior permission by the Town Clerk to leave work before that time. The same principles apply to breaks; the time allocated must not be exceeded, unless special prior permission has been given.
3.1.4 If you are likely to be late for work at the start of your working day/shift, you must telephone the Town Clerk as soon as possible to explain the situation and give an indication of when you expect to arrive at work.
3.1.5 If, on review, we consider that your timekeeping record has been unsatisfactory, we may invoke our disciplinary procedure.
3.1.6 You are required to comply with the time recording rules and procedures applicable to your position. Failure to comply with our rules, without a satisfactory reason, could result in disciplinary action being taken against you.
3.2 Appearance and Dress
3.2.1 Your appearance must be professional at all times both within the workplace and when representing our organisation elsewhere. You should also maintain a good standard of personal hygiene.
3.2.2 If you are required to wear a uniform you must ensure that you do so during all working hours. Uniforms must always be clean and worn in a presentable fashion. Uniforms issued to you may not be altered in any way without our permission.
3.2.3 Uniforms issued by us remain the property of Macclesfield Town Council. You must take responsibility to ensure that good care is taken of any uniform issued to you, and return any uniforms issued to you on the termination of employment.
3.2.4 Payment of any final sums due to you upon termination of your employment will be delayed until all items of our uniform in your possession have been returned in good condition.
3.2.5 If your role requires protective clothing, you are required to wear this clothing while carrying out your duties whenever required by law or our rules.
3.2.6 If you disregard these rules, you will be subject to disciplinary action. In serious cases, where your appearance and/or hygiene is unacceptable, you will be required to return home to change/remedy your personal hygiene. In these circumstances, you will not be paid for the duration of your absence from work.
3.3 General Conduct at Work
3.3.1 During working hours you are required to devote all your time and energies to the service of the organisation.
3.3.2 We expect you to conduct yourself in a reasonable and appropriate manner towards all those with whom you come into contact during the course of your employment with us.
3.3.3 You have an obligation to ensure that you do not act in a manner, which could be considered to be discriminatory conduct, harassment or bullying.
3.3.4 You are expected to achieve and maintain a good standard of work and to demonstrate a conscientious approach to your role.
3.3.5 You are expected to show the skill or aptitude required for the job, especially where such skills are claimed or implied at the time your employment commenced.
3.3.6 You are expected to read and observe all authorised notices that are displayed by us.
3.4 Health and Safety
3.4.1 We expect you to observe our Health and Safety Policy and any related rules and procedures.
3.4.2 You must not take any action that may threaten your own health and safety or that of your colleagues or of any third parties.
3.4.3 You should report any health and safety concerns without delay.
3.4.4 The Town Clerk should be advised of any accidents that take place on our premises or that occur during working hours. Every accident should be reported, no matter how minor. We will require your co-operation into any subsequent investigations carried out by us.
3.5 Drugs and Alcohol
3.5.1 We expressly prohibit the use of any illegal drugs or of any prescription drugs that have not been prescribed to you.
3.5.2 It is a criminal offence to be in possession of, use or distribute an illicit substance. If we suspect you have committed any such offences while on our premises, while within one of our vehicles or while engaged elsewhere on our organisation,
3.5.3 the offence will be investigated by us. This may lead to disciplinary action being taken against you and the matter being reported to the Police.
3.5.4 You may not:
- report, or endeavour to report, for duty having consumed drugs or alcohol likely to render you unfit and/or unsafe for work;
- consume or be under the influence of drugs or alcohol while on duty, including during authorised breaks;
- store drugs or alcohol in personal areas such as lockers and desk drawers;
- attempt to sell or give drugs or alcohol to any other employee or other person on our premises.
3.5.5. You should inform the Town Clerk of any prescribed medication that may have an effect on your ability to carry out your work properly and safely. Drugs that cause drowsiness must not be used while at work.
3.5.6 If you are suffering from a drug or alcohol dependency you should advise a member of senior management of your own choosing. We will seek to provide reasonable assistance by treating absences for treatment and/or rehabilitation as sickness absence. If you fail to accept help or fail to continue with treatment you may be subject to our normal disciplinary procedures.
3.6 Smoking
3.6.1 We do not permit smoking anywhere on our premises (or within any of our vehicles). Any breach of our rules on smoking may lead to disciplinary action being taken against you.
3.7 Personal Relationships
3.7.1 In the interest of probity, if you are involved in a close personal relationship with a colleague, contractor, client, customer or supplier you should inform the Town Clerk immediately. The information declared will be recorded on the personal files of both employees and treated in strict confidence.
3.8 Political Activity
3.8.1 While we recognise your right to hold political opinions and to take part in political activity in your own time, you are not permitted to take part in any type of political activity while you are at work.
3.9 Contact with Friends or Relatives
3.9.1 We discourage friends and relatives from contacting you at work except in the case of emergency.
3.10 Telephone or Electronic Devices
3.10.1 Our devices are intended for business use. We prohibit excessive personal use of our devices. If you breach these rules you will be responsible for the cost and may be subject to disciplinary action.
Safety/Security
3.10.2 If you are issued with one of our devices, you must take proper care of it and ensure its security at all times. For example, devices should not be left unattended in parked cars.
3.10.3 If, as a result of your carelessness or negligence, any of our devices are lost or damaged, we reserve the right to take appropriate disciplinary action against you and deduct the cost of replacement or repair from your salary or wage.
3.11 Personal Mobile Phones
3.11.1 Personal mobile phones brought onto our premises, or any premises on which we operate, should be left in your locker, should be kept switched off during working hours and used only during authorised work breaks.
3.12 Camera Telephones/Equipment
3.12.1 Your role may lead you to work with confidential information or have access to it. Accordingly, unless you have obtained the permission of the Town Clerk, you may not use, whether on our premises or elsewhere, any one of the following:
- the camera function on a mobile phone;
- a digital or other camera;
- a camcorder or similar device; or
- a tape or other recording device for sound or pictures.
3.12.2 You should note these rules do not restrict any confidentiality obligations contained within your Statement of Particulars of Employment, this handbook, any of our policies currently in force or any other confidentiality or non-disclosure agreement. These continue in full force and effect.
3.13 Radios
3.13.1 You must not operate radios or portable cassettes, tape recorders or any other form of audio equipment without our prior permission. Where such permission is given, the volume controls must be kept to an acceptable level so that the noise level does not annoy or disturb others working in your vicinity.
3.14 Our Property
3.14.1 You should use our property only for the purpose for which it is intended. Our property must not be removed from our premises without our prior written approval.
3.14.2 If you become aware of any loss of, or damage to, our property you should report the matter to the Town Clerk immediately.
3.15 Minimum Waste
3.15.1 We endeavour to run our operations in a cost-effective and efficient manner. This is necessary to protect the future of our organisation and also minimises the environmental effect of our operations. Accordingly, you should take care during the performance of your duties to avoid any unnecessary use of services, energy etc., and to ensure that where possible additional wastage is recycled.
3.16 Personal Property
3.16.1 Items of personal property, including motor cars and other vehicles, are brought onto and left on our premises at your own risk. We do not accept responsibility for loss of, or damage to, any such property.
3.17 Other Employment and Conflicts Of Interest
3.17.1 You are not permitted to undertake any other employment, or hold any office, without our express written permission.
3.17.2 We will not permit you to have any interest in any organisation or undertaking or to engage in any other activities that might interfere with the performance of your duties or create a conflict of interest.
3.17.3 If you wish to be engaged in any other employment or to have any outside organisation interest, whether financial or otherwise, you must first seek the written permission of the Town Clerk.
3.18 Conduct Outside Working Hours
3.18.1 We do not wish to intrude on your interests/activities outside normal working hours. However, you should not become involved in activities which prevent you from fulfilling your duties or which result in adverse publicity to the organisation, which brings the organisation into disrepute or which harms our commercial relationships. For the avoidance of doubt this requirement involves the appropriate use of social networking sites which are in the public domain.
3.18.2 In order to foster team spirit and good working relationships, we may offer you the opportunity to attend social events from time to time. We may also organise work-related social events to which clients, as well as staff, are invited.
3.18.3 Although such social events usually take place away from the workplace and outside of normal working hours, our standard code of conduct applies to such events. While we do not wish to affect your enjoyment of such social events, certain rules of conduct are necessary for the protection and comfort of all those attending.
3.18.4 Accordingly, if you attend a work-related social event you must observe the following rules and principles:
- Alcohol should be consumed only in moderation.
- The use of illegal drugs, including cannabis, is forbidden.
- Our policy on dignity at work should be observed.
- Do not behave in a way that could offend, intimidate, embarrass or upset any other person, whether as a joke or not.
- Do not swear or use intemperate language.
- Do not behave in any way that could bring our name into disrepute.
3.18.5 Any breach of the above rules may result in disciplinary action being taken against you under our disciplinary procedure which could result in your dismissal.
3.19 Disclosure of Criminal Convictions
3.19.1 Criminal charges, or convictions, for sexual offences or for offences of dishonesty or violence committed during the period of your employment with us, whether committed during or outside normal working hours should be reported to the Town Clerk immediately. Such charges, or convictions, may result in disciplinary action being taken against you up to and including summary dismissal. Failure to disclose such criminal proceedings/convictions that arise during the period of your employment could also result in disciplinary action being taken against you up to and including summary dismissal.
3.19.2 A charge or conviction for any other type of offence during the period of your employment should also be reported to the Town Clerk. Such charges or convictions may result in disciplinary proceedings being taken against you, up to and including dismissal, where, in our opinion, the charge or conviction
- affects your suitability for your role;
- impairs our reputation;
- seriously undermine the trust and confidence that we have in you.
3.19.3 Failure to disclose such criminal proceedings/convictions that arise during the period of your employment could also result in disciplinary action being taken against you up to and including summary dismissal.
3.20 Acceptance of Gifts
3.20.1 If you are offered a gift, or hospitality of any kind, from an existing or potential organisation contact you must disclose the fact of the gift or hospitality, its nature and the identity of the other party to the Town Clerk.
3.20.2 If the gift/hospitality is anything other than a small token of appreciation having no substantial financial value, you will be required to return the gift/refuse the hospitality and send a note to the other party explaining it is our policy that employees should not receive gifts or hospitality.
3.20.3 These rules do not apply to promotional gifts e.g. items such as stationery or pens that bear the logo or council name of another organisation provided that these items have no significant value.
3.21 Collections
3.21.1 We do not wish to stop appropriate collections taking place. However, when money is passing between colleagues, it is important to ensure that the reasons are appropriate, and that the money is recorded and managed correctly.
3.21.2 If you wish to carry out a collection you should obtain permission from the Town Clerk prior to starting the collection.
3.22 Gambling
3.22.1 You are not permitted to gamble, bet, run sweep stakes on our premises without the prior written permission of the Town Clerk.
3.23 Buying/Selling Goods
3.23.1 Buying and/or selling of goods, whether on your own account, or on behalf of any other party is not permitted on our premises.
4. Pay and Expenses
4.1 Rate of Pay
4.1.1 Your Statement of Particulars of Employment will specify the rate, frequency and method of payments of your wage/salary. This document also specifies whether you are entitled to payment for working additional hours.
4.2 Pay Statement
4.2.1 An itemised pay statement will be sent to you on your normal pay date. This will show how the total amount of your pay has been calculated for the relevant pay period including any deductions that have been made such as PAYE and NI Contributions.
4.3 Pay Administration
4.3.1 It is your responsibility to ensure we are provided with a note of your bank/building society account name and number and sort code number, and to keep us advised of any changes to this account.
4.3.2 If you are overpaid for any reason, the excess will normally be deducted in full from your next payment. However, if this would result in hardship to you we may consider making a number of smaller deductions over a longer period.
4.4 Tax Year Details
4.4.1 At the end of each tax year you shall receive a Form P60 detailing the total pay you have received during that year and the amount of any deductions made in respect of income tax and national insurance contributions.
4.4.2 We may also provide you with a P11D form detailing any benefits that you have received during that tax year.
4.4.3 Duplicates of these documents cannot be provided.
5. Annual Leave
5.1 Holiday Year
5.1.1 Our holiday year begins on the 1st of April and ends on the 31st of March each year.
5.2 Holiday Entitlement
5.2.1 Your Statement of Particulars of Employment details your annual holiday entitlement including any public/bank holidays, or substitute days, which are part of that annual holiday entitlement. You will be notified of any changes to your entitlement by letter or general notice.
During your first year of service
5.2.2 If you join us part way through a holiday year, you are entitled to the proportion of your holiday entitlement based on the period of your employment during that holiday year.
5.2.3 Entitlement during your first year of service is calculated monthly at the rate of one-twelfth of the full year’s entitlement.
During sick leave
5.2.4 If you are absent on sick leave, you will continue to accrue your full statutory holiday entitlement. However, any contractual holiday entitlement over and above the minimum statutory holiday entitlement will not accrue during any paid or unpaid period of sick leave once you have been continuously absent for a period of one month.
5.3 Carrying Forward Annual Leave
5.3.1 We encourage you to take your entire annual holiday entitlement during the holiday year in which it has been accrued. However, at our absolute discretion, we may allow you to carry forward up to a maximum of 5 working days into the following holiday year. This will only be considered if you have taken a minimum of 4 working weeks’ annual leave during the current holiday year.
5.3.2 The carrying forward of leave must be confirmed by the Town Clerk in writing. This written confirmation will specify the date by which this carried forward leave must be taken.
5.4 Payment in Lieu
5.4.1 We do not make payments in lieu of untaken holiday entitlement.
5.5 Holiday Requests
5.5.1 We will seek to be as flexible as possible when dealing with your requests for annual leave. However, to assist in managing staffing levels we require at least four weeks’ notice of holidays lasting more than one week, and one weeks’ notice of single days.
5.5.2 Requests will be processed by us in the order in which they have been received. All holiday requests must be made using our holiday request forms and submitted to the Town Clerk.
5.5.3 Holidays may not be booked unless you have received authorisation from the Town Clerk.
5.5.4 Should you book a holiday prior to receiving the necessary authorisation from us, we will not accept liability for any financial loss resulting from the subsequent cancellation of the holiday.
5.5.6 We may need to refuse your request or vary the dates that you have requested in accordance with our staffing requirements. After your holiday dates have been confirmed you will not be entitled to change them without receiving the authorisation of the Town Clerk (or Line Manager).
5.6 Sickness During Holiday
5.6.1 If you fall sick or are injured while on holiday, we will allow you to transfer to sick leave and take replacement holiday at a later time. This entitlement is subject to the following strict conditions:
- The total period of incapacity must be fully certificated by a qualified medical practitioner (where it exceeds seven days).
- You must contact us by telephone as soon as you know that there will be a period of incapacity during your holiday.
- You must submit a written request no later than 5 days after returning to work setting out how much of the holiday period was affected by sickness and the amount of leave that you wish to take at another time.
5.6.2 If you are ill or injured before the start of a period of planned holiday, we will consent to you postponing the holiday dates to another mutually agreed time. Any period of sickness absence will then be treated in accordance our rules on sickness absence. You must submit a written request to postpone the planned holiday and this must be accompanied by a letter from your doctor confirming that you are unfit, or is still likely to be unfit, to take the holiday.
5.6.3 Your request to take any replacement holiday must be in accordance with our rules on holiday requests above. We may require you to take all or part of your replacement holiday on particular days. We are not required to provide you with any minimum period of notice to do this although we will endeavour to provide reasonable notice.
5.7 Holiday Pay
5.7.1 The normal basis of calculation of your holiday pay is detailed in your Statement of Particulars document.
5.8 Termination of Employment During the Holiday Year
5.8.1 If you leave our employment during a holiday year, you will be entitled to be paid for any accrued annual leave for that holiday year that you have not taken by the date of termination. We may require you to take any outstanding holiday entitlement during any period of notice, whether that period of notice has been given by you or by us.
5.8.2 If, on your date of termination, you have taken paid holiday leave in excess of your accrued entitlement for that holiday year, you shall be required to reimburse us in respect of this excess. We reserve the right to deduct the appropriate sum from your pay.
5.8.3 In the event that you are summarily dismissed, leave our employment without giving proper notice under your contract of employment or leave before your contractual notice period has expired, your entitlement to pay in lieu of outstanding holiday entitlement will be restricted to the statutory entitlement and you will not be entitled to pay in lieu of any contractual holiday over and above the statutory minimum entitlement.
5.9 Unauthorised Annual Leave
5.9.1 If you have been refused a request for annual leave, but fail to attend work (either saying that you are sick or by making no contact), we shall investigate this as a potential unauthorised absence.
6. Sickness Absence
6.1 Short-Term Absences
6.1.1 While appreciating that there will inevitably be some short-term sickness absence amongst our employees, the efficiency of our operational and organisation needs is of vital importance. If you are frequently and persistently absent from work, this can damage our efficiency and productivity as well as placing an additional burden of work on your colleagues. Accordingly, if you are absent from work you will be required to comply with the following rules:
- notify the Town Clerk if you are ill or unable to attend work for any other reason. Notification should be made no later than 9:00 am. Notification should be made in person (unless there are exceptional circumstances for not doing so) by telephone. Text messaging will not be acceptable. You should explain the reason/s that you are unable to attend work and give an estimate of how long the absence will last.
- notify the Town Clerk, by telephone, no later than midday on the working day before the day on which you intend to return to work. This will allow us to stand down any arrangements we have made to cover your absence. Should you fail to notify us of your intended return to work in the required manner, we may send you home without pay if we have made alternative arrangements for your duties to be covered.
- if you have been suffering from an infectious or contagious illness you should not report for work without obtaining clearance from your doctor to do so. If you are in any doubt about this matter, you should notify us and consult your doctor.
- attend a return to work interview with the Town Clerk on your return to work to discuss your absence. We shall discuss the reasons for your absence including any personal problems which may be having a detrimental effect on your attendance record, failure to follow our notification procedures, fitness to resume your normal duties, general attendance record, and, if appropriate, an agreed timescale during which your general attendance can be assessed.
- complete and submit a self-certification form on return to work for all periods of sickness absence of up to one working week. If you are absent from work for longer than seven days your absence must be covered by a doctor’s fit note certificate. Your first certificate should be submitted on the eighth calendar day of your absence and you must submit any further certificates on the day on which your previous certificate expires.
- provide a doctor’s certificate or “fit note” for a period of sickness absence of seven days or less if specifically requested to do so by us. In these circumstances, we will reimburse you for the cost of obtaining a private certificate on submission to us of a receipt.
- agree on request to be interviewed and/or examined by an occupational doctor nominated by us and to authorise the release to us of any medical report instructed by us. We will meet all costs associated with any such examination and/or medical report.
- cooperate with regard to the possible implementation of any adjustments to job duties, hours or working conditions, resulting from recommendations made by your doctor. For the avoidance of doubt, the advice on a “fit note” is not binding on us and whilst we respect such advice and will consider it carefully we reserve the right not to follow it.
6.2 Long Term Sickness Absence
6.2.1 While very sympathetic to long-term absences amongst our employees, we have to be attentive to our operational and organisation needs at all times. Accordingly, during any long-term absence we shall assess and review periodically with you, your capability to carry out your normal job. This process could ultimately result in a termination of your employment. In these circumstances we will:
- review your absence record to assess whether or not it justifies dismissal;
- fully consult with you and establish your own views and opinions with regard to your health;
- obtain up-to-date medical advice;
- advise you in writing as soon as it is established that termination of employment has become a possibility;
- meet with you to discuss the options and to consider your views on continuing employment;
- consider whether there are any other jobs that you could do prior to taking any decision on whether or not to dismiss;
- allow a right of appeal against any decision to dismiss you on grounds of long-term ill health; and
- arrange a further meeting with you to determine any appeal.
Contact During Absences
During any period of sickness absence, whether short or long term, we reserve the right to contact you in order to be made aware of your current state of health and/or to arrange a medical welfare meeting.
6.3 Medical Records and Reports
6.3.1 As mentioned above, we may consider it necessary to request details regarding your health from a medical practitioner. When this is the case, you will be fully informed of your rights under the Access to Medical Reports Act 1988 and/or General Data Protection Regulations and your consent will be sought for the report to be obtained and/or any referral to be made.
6.3.2 If you have any queries on your rights under the Access to Medical Reports Act 1988 and/or General Data Protection Regulations or the procedure to be followed, you should contact the Town Clerk.
6.3.3 When requesting a report from your medical practitioner, we will provide the medical practitioner with as much information as possible on your role and explain why the report is being sought.
6.3.4 We will provide the medical practitioner with:
- your signed consent to the request for a medical report;
- confirmation that you are aware of your rights under the Access to Medical Reports Act 1988 and/or General Data Protection Regulations;
- details of the major features of your job and information on your absence; We will ask the medical practitioner to identify:
- the nature of your illness;
- when, if ever, you are likely to be fully fit to resume your normal duties;
- any alternative duties you may be fit to undertake and when you are likely to be fit to undertake such duties;
- any reasonable adjustments which could be made to your working conditions or work premises which would facilitate a return to work; and
- the likelihood of recurrence of the illness once you have returned to work.
6.3.5 If you refuse us permission, or delay consent, to contact your medical practitioner, we may have to make a decision without the benefit of access to medical records.
6.3.6 If we wish to take action following the report, we shall do so only after consultation with you and full and careful consideration of all the facts provided.
6.4 Sick Pay
6.4.1 If you are absent from work due to sickness or injury for four days or more, we will pay statutory sick pay provided you are eligible in terms of the current SSP regulations and have complied with all relevant rules relating to sickness absence and notification.
6.4.2 In addition to our obligation to make payment of SSP, we operate a contractual sick pay scheme as specified in your individual Statement of Particulars document.
6.5 Recovery of Sick Pay Payments
6.5.1 All non-statutory payments paid to you during your absence due to sickness or injury will be treated as a loan from us to you.
6.5.2 If compensation is subsequently recovered by you from a third party (including private insurance) in respect of your absence, any non-statutory payments made by us should be repaid in full by you. We reserve the right to deduct from your pay the amount of any monies paid to you by us and subsequently recovered from a third party.
6.5.3 The amount of any repayment to us in such circumstances will not exceed the actual compensation recovered or the part of your compensation identified as loss of earnings. We shall not seek repayment of the loan if no compensation is recovered.
7. Family Friendly Entitlements
7.1 Maternity Rights
7.1.1 Your maternity rights will be in accordance with the current relevant statutory regulations. Please contact the Town Council for further information regarding the procedures to be followed and your entitlements.
7.2 Paternity Rights
7.2.1 Your paternity rights will be in accordance with the current relevant statutory regulations. Please contact the Town Council for further information regarding the procedures to be followed and your entitlements.
7.3 Adoption Rights
7.3.1 Your adoption rights will be in accordance with the current relevant statutory regulations. Please contact the Town Council for further information regarding the procedures to be followed and your entitlements.
7.4 Parental Leave
7.4.1 Your rights in respect of parental leave will be in accordance with the current relevant statutory regulations. Please contact the Town Council for further information regarding the procedures to be followed and your entitlements.
7.5 Flexible Working
7.5.1 Your right to request flexible working will be in accordance with the current relevant statutory regulations. Please contact the Town Council for further information regarding the procedures to be followed and your entitlements.
7.6 Shared Parental Leave
7.6.1 Your rights to shared parental leave will be in accordance with the current relevant statutory regulations. Please contact the Town Council for further information regarding the procedures to be followed and your entitlements.
8. Time Off Work
8.1 Dependant Incident Leave
8.1.1 You are entitled to take a reasonable amount of time off during working hours in order to take action:
- to provide assistance when a dependant falls ill, gives birth or is injured or assaulted;
- to make arrangements for the provision of care for an ill or injured dependant;
- in consequence of the death of a dependant;
- because of the unexpected disruption or termination of arrangements for the care of a dependant;
- to deal with an incident that involves your child and occurs unexpectedly while the child is at school/other educational establishment.
8.1.2 You must inform us of the reason for your absence and how long you expect to be absent as soon as is reasonably practicable. Time off work under this right is envisaged as being no more than one or two days in most cases.
8.1.3 A dependant is defined as your spouse, civil partner, child, parent, a person who lives with you other than as your employee, tenant, lodger or boarder, any other person who would reasonably rely on you for assistance if he/she fell ill or was injured or assaulted, or who would rely on you to make arrangements for the provision of care in the event of illness or injury; or in relation to the disruption or termination of care for a dependant, any other person who reasonably relies on you to make arrangements for the provision of their care.
8.1.4 Payment may be made for some or all of this time off but this is purely a discretionary decision to be assessed on a case by case basis. Payment on one occasion does not necessarily mean payment on another occasion.
8.2 Compassionate Leave
8.2.1 If you suffer bereavement we will endeavour to be sympathetic to your needs. The Town Clerk will discuss the situation with you and agree upon a suitable period of leave of absence and advise whether payment will be made during this leave of absence.
8.2.2 Requests for compassionate leave will also be considered in the case of serious illness of immediate family. Immediate family is defined as your spouse, civil partner, parent, child or sibling.
8.3 Religious Holidays
8.3.1 Subject to the required notice of the holiday dates requested being given to us in the usual way you will normally be able to use your holiday entitlement to observe special religious holidays.
8.4 Medical and Dental Appointments
8.4.1 We recognise that you may need, from time to time, to attend medical, hospital, dental, optometry and other similar appointments. You are required to try to arrange such appointments in your own time.
8.4.2 If this is not possible, you should try to arrange such appointments at the very beginning or very end of the working day in order to minimise the inconvenience of your absence.
8.4.3 If you require time off to attend a medical or similar appointment you will be given reasonable time off with pay on the proviso that you have given the Town Clerk reasonable notice of the date and time of an appointment. You may be required to make up for the time off by working extra time on another occasion.
8.4.4 You must obtain approval from the Town Clerk in advance of any appointment. We reserve the right to ask you to reschedule an appointment if its timing would cause disruption to the organisation. We may also ask you to produce an appointment card.
8.4.5 If you are pregnant you have a statutory right to reasonable time off work with pay for antenatal appointments on medical advice. Paid time off in such circumstances will automatically be granted, although we will still have the right to request sight of your appointment card.
8.5 Jury Service
8.5.1 If you are called up for jury service or cited as a witness in a court case you should contact the Town Clerk to request time off work. In requesting time off, you must provide a copy of the court summons/witness citation. You will be given time off without pay and you should submit a claim to the court for loss of earnings.
8.5.2 You should provide details of when you will be absent from work. On return to work you should also provide the date and time of your release from your jury /witness duties.
8.5.3 If on any day your services are not required at the court you shall return to work for that day.
8.6 Public Duties
8.6.1 If you hold a public office or public position, we will grant a reasonable amount of unpaid time off work so you can perform the duties associated with that position.
8.6.2 If, the amount of time off that you require for public duties becomes excessive, or begins to cause operational difficulties, we may refuse you further time off in the immediate future. Alternatively, you may be permitted to take time off out of your annual leave entitlement for this purpose.
8.6.3 You should provide written notification to the Town Clerk of any dates on which you wish to take time off work for public duties, stating the expected length of your absence. This notification should be provided as far in advance as possible.
8.7 Severe Weather/ Public Transport Disruptions
8.7.1 You should use your best endeavours to attend work in all circumstances.
8.7.2 If you are unable to attend work or are delayed by the weather conditions or disruptions to public transport you should contact the Town Clerk as soon as possible. If you are delayed you will have the opportunity to make up this time at a later date. If lateness amounts to half the time of your normal working day, we shall make a decision as to whether you will
- be allowed to work from home;
- take the time as annual leave; or
- make up for the time at a later date.
9. Performance and Training
9.1 Performance Review
9.1.1 We monitor performance on an on-going basis. We believe this allows minor issues to be identified at an early stage in order that they can be remedied by either informal counselling or training.
9.1.2 We hope such an approach will resolve most problems. Regrettably, if we continue to have concerns about your performance we may need to conduct further investigations. We shall consider whether further training or assistance will resolve any difficulties identified but we reserve the right to take disciplinary action if we believe it is appropriate to do so.
9.2 Performance Appraisal
9.2.1 Appraisals will take place on an annual basis.
9.2.2 The objective of your appraisal meeting will be to review the previous year’s achievements and difficulties and to discuss any relevant future training, development and career planning.
9.2.3 The outcome of the discussion should be a clear plan for both parties in terms of the action necessary to ensure that you can achieve your full potential in the work that you carry out for us.
9.2.4 If you feel that your appraisal was unsatisfactory or unfair, you may request that it is reviewed by the Town Clerk.
9.3 Internal And External Training
9.3.1 We appreciate that each of our employees is an asset to our organisation with the opportunity to develop if given suitable training opportunities.
9.3.2 You may be offered a range of training and development opportunities during the course of your employment. Providing training involves an investment of time and/or resources on our part. As a consequence, the offering of opportunities will always be considered in accordance with both your development and our organisation needs.
9.3.3 We may offer, or provide support for, the following types of training:
- Skills Enhancement – Your skills may be improved by on-the-job training given by recently trained and/or more experienced colleagues. On occasions, we may organise such training for you during the course of your employment. However, if on-the-job training cannot be arranged, or is inappropriate, we may decide to organise internal training events or to arrange for you to attend suitable external training. We shall also consider any specific requests made by you to attend external training which you believe will enhance your skills.
- Programmes leading to professional/academic qualifications – We encourage you to pursue continuous professional development and where appropriate to gain further qualifications.
- Health and Safety Training – You may be considered for courses dealing with health and safety issues including manual handling, risk assessment, fire safety, first aid, and food and hygiene regulations.
- Equal Opportunities Training – We may, from time to time, provide training in equal opportunities to the Town Clerk and others likely to be involved in recruitment or other decision making where equal opportunities issues are likely to arise.
9.3.4 We may also choose to provide you, new employees and others engaged to work within our organisation with training and awareness in helping them understand their rights and responsibilities under the Dignity at Work Policy and what they can do to help create a working environment free of bullying and harassment.
9.3.5 We may also provide additional training to managers to enable them to deal more effectively with complaints of bullying and harassment.
9.4 Evaluation of Training
9.4.1 On your completion of any internal or external course, you will be required to complete a course evaluation form and return this to the Town Clerk. We shall examine all evaluation forms gathered and use the information obtained as part of our overall evaluation of the training and development which we offer.
9.5 Training Costs
9.5.1 Training offered, or supported, by us will often have significant cost implications. Prior to commencing specific training courses we may require you to sign our ‘Training Costs Agreement’. This is necessary to protect our investment in your training if you leave our employment within the 12 month period immediately following the completion of the relevant course.
10. Confidentiality and Security
10.1 Confidentiality
10.1.1 In the course of your employment with us, you may come into possession of confidential in-formation.
10.1.2 Confidential information is any information of a confidential nature relating to our organisation and may include:
- our organisation plans, organisation strategy and marketing plans;
- financial information relating to us, our financial results and financial forecasts;
- details regarding our employees and officers including the remuneration and other benefits paid to them;
- incidents and investigations relating to our operations or organisation;
- information relating to any pitches and tenders contemplated, offered or undertaken by us or on our behalf;
- confidential reports or research commissioned by or provided to us;
- any of our trade secrets including know-how and confidential transactions;
- details of any project on software development or any information relating to any type of replicated digital data medium including magnetic media tape, CD ROM or data designed to be circulated on the internet or any information relating to the methods, tools and techniques used by us in the course of our organisation;
- information relating to research activities, undertaken by us or on our behalf;
- details of any transaction, contract or dealings with any person or body in respect of which we owe an obligation of confidence to a third party;
- any information which you have been told is confidential and any information which has been given to you in confidence by clients, suppliers or other persons.
This list is not exhaustive.
10.1.3 Unless acting in the proper performance of your duties, or required by law, you must not dis-close to any person or body, or use, any confidential information that you obtain during the course of your employment. These restrictions apply to disclosure of confidential information to work colleagues apart from certain named individuals. These restrictions shall continue after your employment has been terminated but shall cease to apply to any information or knowledge that subsequently comes into the public domain, other than as a result of unauthorised disclosure by you.
10.1.4 Confidential information, in whatever format made or received by you during the course of your employment is our property.
10.1.5 You must return to us, on our request or upon termination of your employment, any confidential information which belongs to us and is in your possession or under your control. You must delete, on our request, all confidential information in your possession and destroy any other documents and/or items which are in your possession or under your control and which contain or refer to any confidential information.
10.1.6 You must not retain any copy/copies of any confidential information belonging to us. At any time during your employment, or following termination of your employment, we may require you to provide a written undertaking that you have returned all property belonging to us including confidential information and that you have not retained any copy/copies of confidential information belonging to us
10.2 Data Protection
10.2.1 You understand the need for the collection, storage and processing by us, or by any associated Company, or by our third party representatives of any personal data, including special categories of personal data, relating to you as necessary as part of this employment relationship for various reasons. We will keep a record of our processing activities in respect of personal data in accordance with the requirements of the General Data Protection Regulation.
10.2.2 Special categories of personal data relating to you, as an example, may include but is not limited to self-certificates, doc-tors’ certificates, medical reports or other health data, financial information and details of trade union membership.
10.2.3 We shall review any personal data held by us on a regular basis to ensure that it is accurate, relevant and up to date.
10.3 Media Statements
10.3.1 Only the Mayor, Town Clerk or nominated Officer is authorised to make statements to the media concerning any matters relating to our organisation.
10.4 Random and Specific Checks
10.4.1 We may require you to submit to a personal search and/or a search of all your baggage, personal items, lockers, car, etc. We may do so at any time while you are on our premises or engaged on our organisation.
10.4.2 Searches may be required to protect both the organisation and our employees from illegal activities such as:
- any theft of our property or property belonging to another employee or third party; and
- the possession or supply of illegal substances.
10.4.3 A request to carry out a search does not indicate any suspicion of wrongdoing; searches will normally be carried out at random. However, we also reserve the right to stop and search you when we reasonably suspect that you may have committed an illegal act.
10.5 Right to Monitor
10.5.1 We reserve the right to monitor and any monitoring will be legally compliant and details of any monitoring would be made available to you.
11. Termination of Employment
11.1 Resignation
11.1.1 If you wish to terminate your employment you are required to give your notice in writing to the Town Clerk. Your letter should provide clear reasons for your decision. The notice given should be in accordance with the period of notice detailed in your Statement of Particulars of Employment.
11.1.1 We may require you to attend an exit interview prior to your departure.
11.2 Notice of Termination
11.2.1 Should you fail to give us proper notice of termination, or fail to work your full contractual notice without our prior agreement, we may withhold or deduct from any owed to you a sum equal to any loss suffered by us in consequence of your failure.
11.2.2 The sum deducted/withheld may be in part satisfaction of our claim only. Accordingly, we re-serve the right to claim damages from you in excess of the sum deducted or withheld.
11.2.3 By mutual agreement, these notice periods may be waived or varied.
11.3 Payment In Lieu Of Notice
11.3.1 We reserve the right, at our absolute discretion, to make a payment in lieu of notice for all or any part of your notice period upon the termination of your employment (rather than your working out your notice period). This provision applies whether notice to terminate the contract is given by you or given by us.
11.3.2 For the avoidance of doubt, the Payment in Lieu shall not include any element in relation to:
- any bonus or commission payments that might otherwise have been due during the period for which the Payment in Lieu is made;
- any payment in respect of benefits which you would have been entitled to receive during the period for which the Payment in Lieu is made; and
- any payment in respect of any holiday entitlement that would have accrued during the period for which the Payment in Lieu is made.
11.4 Garden Leave
11.4.1 If you have resigned with notice, or you have been given notice of termination of your employment by us, we reserve the right, at our absolute discretion, to require you not to attend your place of work for all or part of the notice period.
11.4.2 In these circumstances, your contract of employment will continue in force until the end of your notice period and you will continue to receive full pay and any contractual benefits to which you are entitled in the normal way. You will also remain bound by all the obligations and restrictions set out in your contract of employment, save the duty to attend work. You must remain available to be contacted by us during this period.
11.4.3 You are not permitted to take up employment elsewhere during the notice period.
11.5 Loss of Driving Licence
11.5.1 Certain jobs within our organisation require the job-holder to be able to drive our vehicles. If it has been indicated to you that your job falls into this category, it is a condition of your employment that you hold, and continue to hold, a current driving licence.
11.5.2 In the event that you lose your driving licence for any reason whatsoever, we reserve the right to terminate your employment.
11.6 Return of Our Property
11.6.1 Prior to your official leaving date you must return to us all documents (including copies or summaries and whether in eye readable or machine readable form), software, hardware, books, office equipment, keys, uniform, security passes, credit or charge cards, car and any other property belonging to us.
11.6.2 We reserve the right to specify an earlier date for the return of such property. You must also return to us any property that may come into your possession or control after the termination of your employment.
11.6.3 If you fail to return our property by your leaving date, or by any other specified date, we shall be entitled to withhold the whole or any part of any wages due from us to you up to the current market value of the property not returned. We also reserve the right to issue civil proceedings against you and claim compensation to the extent that any outstanding pay fails to cover the current market value of the property not returned.