STAFF HANDBOOK
STAFF HANDBOOK
Contents
|
1. |
Introduction | 4 |
| 2. | Equal Opportunities Policy | 4 |
| 2.2 | References | 4 |
| 2.3 | Probationary Period | 5 |
| 2.4 | Overtime Working | 5 |
| 2.5 | Pension Scheme | 5 |
| 2.6 | Period of Notice to Terminate Employment | 6 |
| 2.7 | Temporary Employees | 6 |
| 3. | Salary Payment/Incremental Progression | 7 |
| 4. | Working Time | 7 |
| 4.1 | Leave | 7 |
| 4.1.2 | Public Holidays | 7 |
| 4.1.3 | Annual Leave | 7 |
| 4.1.4 | Management of Annual Leave | 8 |
| 4.1.5 | Public Duties | 8 |
| 4.1.6 | Medical Appointments | 9 |
| 4.1.7 | Study Leave | 9 |
| 4.1.8 | Leave to Attend Examinations | 9 |
| 4.1.9 | Discretionary Leave | 10 |
| 4.1.10 | Compassionate Leave | 10 |
| 5. | Sickness Scheme | 10 |
| 6. | Official Conduct | 11 |
| 7. | Car Allowance | 11 |
| 7.1 | Theft from and Damage to Employees’ Vehicles | 11 |
| 7.2 | Other Allowances | 12 |
| 7.2.1 | Uniforms/Personal Protective Equipment | 12 |
| 7.2.2 | Professional Subscriptions | 12 |
| 7.2.3 | Gifts | 12 |
| 7.2.4 | Reimbursement of Expenditure | 12 |
| 8. | Training and Development | 12 |
| 9. | Disciplinary Procedure | 13 |
| 9.1 | Introduction | 13 |
| 9.2 | Principles | 13 |
| 9.3 | Informal Discussions | 13 |
| 9.4 | First Warning | 14 |
| 9.5 | Second Warning | 14 |
| 9.6 | Final Warning | 15 |
| 9.7 | Dismissal or Action Short of Dismissal | 16 |
| 9.8 | Gross Misconduct | 16 |
| 9.9 | Appeals | 16 |
| 10. | Grievance Procedure | 17 |
| 10.1 | Informal Discussions | 17 |
| 10.2 | Formal Grievance Procedure | 17 |
| 10.3 | Appeals | 17 |
| 10.4 | Notes | 17 |
| 11. | Use of Email and the Intranet | 18 |
| 11.1 | Use of External and Internal Email | 18 |
| 11.2 | Using the Internet | 19 |
| 11.3 | Property | 20 |
| 11.4 | Phone Calls/Mobiles | 20 |
| 11.5 | Identity Cards/Badges | 20 |
| 11.6 | Trade Union Membership and Facilities | 20 |
| 12. | Health and Safety | 21 |
| 13. | Data Protection Policy | 22 |
| 14. | Whistle Blowing | 22 |
| 14.1 | Disclosure Procedure | 22 |
| 15. | Maternity Support Leave | 23 |
| 15.1 | Paternity Leave | 23 |
| 15.2 | Maternity Scheme | 24 |
| 15.2.1 | Initial Obligations on the Employee | 24 |
| 15.2.3 | Initial Obligations on the Council | 24 |
| 15.2.4 | Ante-Natal Care | 24 |
| 15.2.5 | Health & Safety | 25 |
| 15.3 | Maternity Leave Entitlement | 25 |
| 15.4 | Maternity Pay | 25 |
| 15.5 | Miscarriage, Termination, Still Birth and Death of a Baby | 26 |
| 15.6 | Right to Return to Work | 26 |
| 15.7 | Exercise of the Right to Return to Work | 27 |
| 15.8 | Relationship with Sickness and Annual Leave | 28 |
| 15.9 | Definitions | 28 |
| 15.10 | Treatment of Benefits | 28 |
| 16. | Security | 30 |
1. INTRODUCTION
This Staff Handbook provides you with a summary of the policies and procedures that operate within the Parish Council. It should be read in conjunction with your contract of employment as both documents form part of your Terms and Conditions of employment.
To respond to the changing needs of the Parish Council as well as changes in legislation, the policies and procedures may need to be amended from time to time. When this occurs you will be consulted about any proposed changes and will then be given at least one calendar month's notice before they come into force.
If you have any questions about this Staff Handbook please contact the Parish Manager/Clerk.
2. EQUAL OPPORTUNITIES POLICY
Campbell Park Parish Council will ensure that all Members, employees and job applicants are treated equally, irrespective of disability, race, colour, religion, nationality, ethnic origin, age, sex, sexual orientation or marital status. The Parish Council shall appoint, train, develop and promote on the basis of merit and ability.
All Members and employees have a duty both morally and legally not to discriminate on account of disability, race, colour, religion, nationality, ethnic origin, age, sex, sexual orientation or marital status. Employees have a personal responsibility for the practical application of this policy which extends to everyone with whom they may have contact.
Anyone who is involved in the recruitment, selection, promotion and training of employees will ensure compliance with the Equal Opportunities Policy.
The Grievance Procedure is available to any employee who believes that he or she may have been unfairly discriminated against.
Disciplinary action under the Disciplinary Procedure will be taken against any employee who is found to have committed an act of unlawful discrimination. Discriminatory conduct and sexual or racial harassment shall be regarded as gross misconduct.
If there is any doubt about appropriate treatment under the Parish Council's Equal Opportunities Policy, employees should consult the Parish Manager/Clerk unless he/she is directly involved, in which case the Chairman of the Council should be consulted.
2.2 REFERENCES
Employment with the Council is subject to: (a) references being obtained which satisfy the Parish Council. References will normally be taken up before any offer of an appointment is made. (It is the final decision of the Council to determine if such references meet its requirements). (b) Asylum and Immigration Act requirements. 2.3 PROBATIONARY PERIOD All new appointees will be required to complete satisfactorily a probationary period of 6 months' service, during which time conduct, performance and attendance will be monitored and discussed with him/her regularly and at least after one, three and four and a half months. At the satisfactory completion of the probationary period the member of staff will receive a letter from the Parish Manager/Clerk or Chair of the Personnel Committee confirming his/her appointment. Failure to complete the probationary period satisfactorily may result in the employment being terminated. 2.4 OVERTIME WORKING Only overtime authorised in advance by the Parish Manager/Clerk will qualify for overtime compensation. The exception to this rule is when an employee is called out to attend to Parish Council duties outside normal hours and had no prior knowledge of this. In such circumstances the Parish Manager/Clerk will authorise the time retrospectively. There will be a minimum Call Out payment of 2 hours compensated as shown below. Compensation for overtime worked will be either by payment, at the appropriate hourly rate, or by time-off in lieu, at plain time, at the employee's choice. Approved overtime worked on a weekday or Saturday attracts payment at time-and-a-half. Approved overtime worked on a Public or Council Holiday will attract: (a) normal pay: plus (b) payment, at plain time rate, for all hours worked between the hours of 9.00 a.m. and 5.00 p.m., and at double time for hours before 9.00 a.m. or after 5.00 p.m. (4.00 p.m. on Good Friday): plus (c) time off in lieu of a half-day when less than 4 hours' overtime is worked and a whole day when 4 hours or more overtime is worked. 2.5 PENSION SCHEME Employees who work 15 hours or more per week and whose contract is for a period of more than 3 months, will automatically be included in the Local Government Pension Scheme (LGPS) unless they indicate in writing that they wish to opt out of the scheme. Employees working less than 15 hours per week are eligible to join the scheme, but, as they are not automatically included, must indicate in writing that they wish to join. Employees may choose not to be a member of the Local Government Pension Scheme in order to make their own pension arrangements, possibly in the form of a personal pension, (current legislation provides that employees can only have one pension scheme, either the Local Government Pension Scheme or a Personal Pension). It is important that employees make their pension intentions clear when they join. The total contributions paid into the LGPS comprise employer and employee contributions. The Parish Council's share is based on a percentage of the employee's salary. The Parish Council's contribution is reviewed triennially by Buckinghamshire County Council. Employee contributions will be deducted direct from salary. Additional Voluntary Contribution Schemes (AVCs) are available from the Buckinghamshire County Council Pension Fund in conjunction with Clerical Medical. These schemes can help increase the value of the pension payable. Details of these AVCs are available from the Parish Manage/Clerk. If an employee leaves the service of the Parish Council to work for another Local Authority or to transfer to another service such as the National Health Service, with which there are transfer agreements, then contributions may be transferred to the new Authority. For the purpose of the relevant pension's legislation, pensionable employees are contracted out of the State Earnings Related Pension Scheme. 2.6 PERIOD OF NOTICE TO TERMINATE EMPLOYMENT Employees will be required to give one month's notice unless the contract of employment specifies a different period. The Parish Council will give notice in accordance with the following: Continuous Service with the Parish Council (i) One month but less than 2 years - one month (ii) 2 years but less than 12 years - one week for each completed year of service (iii) 12 years or more - 12 weeks except where the contract specifies a greater term in which case that will be given. 2.7 TEMPORARY EMPLOYEES Temporary employees shall receive pay and conditions of service equivalent to that of permanent employees. 3. SALARY PAYMENT/INCREMENTAL PROGRESSION Payment will be made on the last day of the month. All staff will be appointed to a salary grade with a number of specified incremental points. Each grade will be unique to the post and will be based upon the national salary scheme recommended by the National Association of Local Councils. Progression through the grade will be by the addition of one incremental point, with effect from the 1st April of each year, until the maximum of the grade is reached. Thereafter there will be no further progression unless the grade of the post is revised. Additionally salaries will be reviewed each year in line with national salary negotiations.4. WORKING TIME
The standard working week for full time employees is 34 hours.
When calculating overtime payments for part-time and full-time employees, the Parish Council's standard working week of 34 hours will be used. Part time employees are not eligible for overtime until they have worked the equivalent full time hours.
Employees required to work additional hours shall normally be granted time off in lieu. Employees will be expected to ensure that the total time off in lieu does not exceed 10 hours over a 2 month period.
Variations to the established working week or patterns of work will be reasonable and subject to adequate notice.
Working arrangements will comply with the relevant Health & Safety legislation, including the European Working Time Directive and its associated UK legislation.
4.1 LEAVE
4.1.2 Public Holidays
Employees shall, irrespective of length of service, be entitled to a holiday with a normal day's pay for each of the statutory, public holidays as they occur, except in the case of part-time and job-share employees who shall receive pro-rata payment in respect of public holidays.
4.1.3 Annual Leave
NUMBER OF DAYS LEAVE PER YEAR
Up to 5 Years' Continuous Local Government Service 27 days
Over 5 Years' Continuous Local Government Service 30 days
(a) The annual leave year runs from 1st January to 31st December.
(b) For new employees, entitlement to annual leave will be one twelfth of the annual leave entitlement for each completed calendar month of service in the current year, and thereafter on the normal scale.
(c) Transferred leave entitlement will take account of any leave already taken during the year with another Authority.
(d) If an employee resigns from the Parish Council's service, they will be entitled to one twelfth of their leave entitlement for each completed calendar month of service in the current year.
(e) Whilst employees are encouraged to take their full leave entitlement during the leave year, an employee in consultation with the Parish Manager/Clerk, may carry forward up to 5 days' annual leave to the next leave year.
(f) Annual leave will accrue during periods of long-term sickness and maternity absence.
4.1.4 Management of Annual Leave
Employees must apply for annual leave in advance. No leave should be booked until leave has been granted. This will enable the Parish Manager/Clerk to plan ahead.
4.1.5 Public Duties (a) The Parish Council will grant paid leave to employees required to undertake official duties relating to membership of public bodies including service in support of the legal system and the democratic process, annual service with the non-regular forces, jury service and as a school governor. (b) Employees who are considering taking up any of the public duties covered by the above paragraph, before they agree to do so, should discuss the implications with the Parish Manager/Clerk, having particular regard to any time off. (c) Employees will be expected to give reasonable notice of any requirement for time off. Whilst the Parish Council will wish to offer support to those who undertake public duties, there may be occasions when it will not be possible to approve time off because of the need to maintain services. (d) Employees receiving time off under this provision will be required to provide evidence of the need for such time off. (e) This will be limited to a maximum of 10 working days, or the hourly equivalent, as paid time off (pro-rata for part time employees) in any one financial year, subject to service needs being met. (f) An individual employee will be eligible for one entitlement to time off under this provision, no matter how many public duties they undertake. (g) It will exclude those bodies defined in regulations under the Local Government and Housing Act 1989 to which restrictions apply for politically restricted posts. (h) Other periods may be taken as part of annual leave or time off in lieu. (i) Employees are required to claim for loss of earnings from the public body in relation to the duties that they undertake. In the event that such a payment is less than the normal take home pay of the employee, the Parish Council will make up the difference. (j) Those employed by Milton Keynes Council's Returning Officer at a Polling Station on the day of a Poll will be granted paid time off. This is excluded from the 10 days given under (e) above. Employees must obtain prior agreement from the Parish Manager/Clerk to undertake election duties. Subject to the needs of the service, requests will not be unreasonably refused. 4.1.6 Medical Appointments (a) Cancer Screening i. Paid time off will be given to employees for the purpose of cancer screening. (b) Medical and Dental Appointments (i) Wherever possible routine visits to Dentist/GP should be taken in an employee's own time, as should routine visits to hospital. TOIL or annual leave may be used in these circumstances. (ii) With approval of the Parish Manager/Clerk, emergency or specialist hospital appointments and blood donor sessions will be permitted without deduction of time. 4.1.7 Study Leave Study leave is granted at the discretion of the Personnel Committee jointly with the Parish Manager/Clerk for the first attempt at each part of the examinations approved by the Parish Council 4.1.8 Leave to Attend Examinations (a) The maximum permitted examination leave is one day per paper for a maximum of 5 days. (b) This will be granted without loss of salary, for the purpose of the first sitting of examinations that are applicable to the post held and approved by the Parish Council. 4.1.9 Discretionary Leave Special Leave may exceptionally be granted, with or without pay, at the discretion of the Parish Manager/Clerk, in consultation with the Chair of the Personnel Committee or in his/her absence the Vice Chair of the Personnel Committee. 4.1.10 Compassionate Leave (a) A limit of 5 days paid leave per annum is normally applied subject to the agreement of the Parish Manager/Clerk although additional time may be awarded in exceptional circumstances (b) Paid or unpaid compassionate leave is available. Each request will be judged on its individual merit but the following criteria may be used as guidelines. (i) Death or serious illness of a close relative - usually spouse/partner, child, parent, brother, sister or grandparent (ii) Other occasions when care of dependants is necessary (iii) Breakdown of normal child care arrangements 5. SICKNESS SCHEME The scheme is intended to supplement Statutory Sick Pay and Incapacity Benefit so as to maintain normal pay during defined periods of absence on account of sickness, disease, accident or assault arising out of or in the course of employment with the Parish Council. Periods of absence in respect of accident or assault arising from employment shall not be set off against absence because of sickness or disease for the purpose of calculating entitlements under the scheme. Employees are entitled to receive sick pay as follows:| During 1st year of service | 1 month's full pay and (after completing 4 months service) 2 month's half pay |
| During 2nd year of service | 2 month's full pay and 2month's half pay |
| During 3rd year of service | 4 month's full pay and 4 month's half pay |
| During 4th and 5th years of service | 5 month's full pay and 5 month's half pay |
| After 5 years service | 6 month's full pay and 6 month's half pay |
6. OFFICIAL CONDUCT
Employees of the Parish Council are expected to give the highest possible standard of service to the public and to provide appropriate advice to Parish Councillors and colleagues with impartiality.
If an employee has any concern about impropriety or breach of procedure he/she must report this to the Parish Manager/Clerk.
The Parish Council has published Standing Orders and Financial Regulations, which describe important rules and standards. All employees are required to work in accordance with them. Details of the Parish Council's Standing Orders are available from the Parish Manager/Clerk.
7. CAR ALLOWANCES Car allowance will be paid to employees who are required to use their personal vehicle for Parish Council business. It is the responsibility of the car owner to inform his/her insurance company that the car may be used for Parish Council business. 7.1 THEFT FROM AND DAMAGE TO EMPLOYEES' VEHICLES The Parish Council cannot compensate employees who have had personal possessions stolen from their private vehicles whilst parked at any Parish Council premises during the course of their work. Employees should avoid leaving Parish Council property in their car. If property has to be transported by car it should be kept out of sight whenever possible. In certain instances, such as the transportation of laptop computers, items will not be covered by employees' insurance if they are not out of sight. The Parish Council cannot accept responsibility for damage to employees' vehicles whilst an employee is carrying out their duties for the Council. Employees who use their cars in the course of their duties are required to have business insurance for their vehicles. However, the Parish Council recognises that there may be situations in which clients are believed to have caused damage to employees' vehicles. In such situations, it may be appropriate for the Parish Council to consider, without prejudice, the payment of an ex-gratia sum towards the cost of such damage. Each case will be considered on its own merit. 7.2 OTHER ALLOWANCES 7.2.1 Uniforms/Personal Protective Equipment Where the Parish Council requires an employee to wear a uniform or protective equipment, this will be provided. Where personal protective equipment is provided this must be worn whenever appropriate. 7.2.2 Professional Subscriptions The Parish Council will pay one professional subscription for those employees for whom membership of a professional body is a requirement of their post. 7.2.3 Gifts Employees must not accept directly or indirectly any payment or any other benefit or thing of value or more than nominal value from any supplier or customer or from anyone else with any actual or prospective business relationship with the Parish Council. (as a guide anything with a value of over £25 would not be regarded as nominal) 7.2.4 REIMBURSEMENT OF EXPENDITURE Employees necessarily incurring reasonable additional expense in the course of their work in respect of travel, meals or overnight accommodation will be reimbursed approved expenses, subject to prior agreement with the Parish Manager/Clerk and appropriate evidence of expenditure being produced.8. TRAINING AND DEVELOPMENT
The Parish Council is committed to the continuous development of all its employees. It is vital that employees possess the skills and knowledge to enable them to perform their duties effectively. The Parish Manager/Clerk will discuss any needs with employees during their annual appraisal. The Council may, in its absolute discretion, provide financial assistance for external training courses which have relevance to the employees' current or likely future duties with the Parish Council.
9. DISCIPLINARY PROCEDURE 9.1 Introduction The primary aim of this procedure is to effect an improvement in individual conduct and/or performance of the employee concerned. This procedure sets out the action which will be taken when Council rules are breached. (a) It is a part of any manager's job to provide guidance and constructive criticism to staff and, where appropriate, to take disciplinary action promptly, fairly and consistently. (b) It is part of each employee's responsibilities to perform his/her duties in accordance with his/her job description to the standard appropriate to the post and his/her qualifications and experience. (c) If an employee is failing to meet the requirements of the post, the Parish Manager/Clerk will explain this to him/her; will discuss the causes; and any necessary help, training or advice will be given together with an opportunity for improvement. 9.2 Principles (a) If an employee is subject to disciplinary action: (i) the procedure is designed to establish the facts quickly and to deal consistently with disciplinary issues. No disciplinary action will be taken until the matter has been fully investigated (ii) at every stage the employee will be advised of the nature of the complaint and be given the opportunity to state his/her case, (iii) at all stages of the procedure employees have the right to be represented or accompanied by a fellow employee of their choice (iv) an employee will not be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will normally be dismissal without notice and without pay in lieu of notice (v) an employee has the right to appeal against any disciplinary action taken (vi) the procedure may be implemented at any stage if an employee's alleged misconduct warrants such action 9.3 Informal discussions As stated above, before contemplating taking formal disciplinary action, the Parish Manager/Clerk will make every effort to resolve the matter by informal discussions with the employee. Only where this fails to bring about the desired improvement will the formal disciplinary procedure be implemented. 9.4 First warning (a) If a person's conduct or performance is unsatisfactory, they will be required to attend a disciplinary interview with the Parish Manager/Clerk at which the allegations against them will be put, with any supporting evidence, and they will be given the opportunity to respond. (b) At the conclusion of the interview the Parish Manager/Clerk will consider the matter including any denial, explanation or mitigation put forward and will decide whether or not to issue a First Warning (often referred to as an Oral Warning). (c) A First Warning will set out what improvement in conduct or performance is required and the timescale for that improvement. If any assistance or training is to be provided that will be included in the warning. (d) The warning will normally be for a period of six months during which performance and conduct will be monitored. It will then remain on file for a further six months. If at any time during these two consecutive periods there is a repetition of the performance or conduct which gave rise to the warning, or if there are incidents of a similar nature, it may be necessary to move to the next stage of the procedure. (e) Examples of actions which may be regarded as misconduct leading to the possibility of a first warning are: (i) poor time keeping (ii) unauthorised absence from duty (iii) refusal to carry out reasonable instructions relating to a person's duties (iv) minor breaches of Health & Safety rules. This list is neither inclusive nor exhaustive. There may be other offences of a similar nature which would constitute misconduct. 9.5 Second Warning (a) If performance or conduct does not improve after a First Warning has been issued, or if there is an incident of a similar nature, or if there is an allegation of poor performance or unacceptable conduct sufficiently serious that, in the eyes of the Parish Manager/Clerk a First Warning would be inappropriate, he may invoke the Second Warning stage of the procedure. (b) Again the employee will be required to attend a disciplinary interview with the Parish Manager/Clerk at which the allegations will be put, with any supporting evidence, and the employee will be given the opportunity to respond. (c) At the conclusion of the interview the Parish Manager/Clerk will consider the matter including any denial, explanation or mitigation put forward and will decide whether or not to issue a Second Warning. (d) A Second Warning will set out what improvement in conduct or performance is required and the timescale for that improvement. If any assistance or training is to be provided that will be included in the warning. (e) The warning will normally be for a period of six months during which time performance and conduct will be monitored. It will then remain on file for a further six months. If at any time during these two consecutive periods there is a repetition of the performance or conduct which gave rise to the warning, or if there are incidents of a similar nature, it may be necessary to move to the next stage of the procedure. 9.6 Final Warning (a) If there is an allegation of a serious offence or there has been no improvement in standards, or if a further offence of a similar kind occurs, the employee will be required to attend a disciplinary interview with the Parish Manager/Clerk at which the allegations will be put, with any supporting evidence, and the person will be given the opportunity to respond. (b) At the conclusion of the interview the Parish Manager/Clerk will consider the matter including any denial, explanation or mitigation put forward and will decide whether or not to issue a Final Warning in accordance with the procedure for the earlier warnings as described above. (c) A Final Warning will set out what improvement in conduct or performance is required and the timescale for that improvement. If any assistance or training is to be provided that will be included in the warning. (d) The warning will normally be for a period of six months during which time performance and conduct will be monitored. It will then remain on file for a further six months. If at any time during these two consecutive periods there is a repetition of the performance or conduct which give rise to the warning, or if there are incidents of a similar nature, it may be necessary to consider dismissal. (f) Examples of actions which may be regarded as serious misconduct leading immediately to the possibility of a final warning are: (i) negligence resulting in minor loss, damage or injury (ii) a breach of confidence relating to Council business, Members or staff or the public (iii) failure to comply with a specific instruction (iv) abusive or offensive behaviour (v) any behaviour which, in the opinion of the Parish Manager/Clerk may be detrimental to the Council's reputation (vi) misuse of Council IT equipment, including specifically the internet. This list is neither inclusive or exhaustive. There may be other offences of a similar nature which would constitute serious misconduct. 9.7 Dismissal or action short of dismissal (a) If the conduct or performance has failed to improve the matter will be considered by a sub-committee appointed by the Personnel Committee. A procedure similar to that described at 9.6 above will be followed but the interview will be with the sub-committee. They will have the power to order demotion, disciplinary transfer, loss of seniority (as allowed in the contract) or dismissal. (b) If action other than dismissal is taken there will be further warning which will state clearly that dismissal will result from a failure to comply. (c) Unless found guilty of gross misconduct the employee will be given notice of dismissal or payment in lieu of notice. 9.8 Gross Misconduct (a) If, after investigation, it is confirmed that an employee has committed an offence of gross misconduct the normal consequence will be dismissal without notice or payment in lieu of notice. (b) While the alleged gross misconduct is being investigated, an employee may be suspended, during which time he or she will be paid normal pay. Any decision to dismiss will be taken by a sub-committee of Members in consultation with the Parish Manager/Clerk. The sub-committee will be appointed by the Personnel Committee. (f) Examples of actions which may be regarded as gross misconduct leading to a final warning or dismissal are: (i) theft from the Council, Members, colleagues or the public (ii) bullying and/or harassment (iii) any action in contravention of the Equality Policy (iv) fighting at work (v) physical/verbal assault (vi) falsification of expense claims, time sheets etc (vii) malicious damage to Council property (viii) false claims regarding possession of qualifications to receive financial gain (ix) serious breaches of Health and Safety regulations/ precautions thereby possibly endangering self/others. This list is neither inclusive nor exhaustive. There may be other offences of a similar nature which would constitute gross misconduct. 9.9 Appeals (a) A person against whom disciplinary action has been taken has the right of appeal against each stage of the proceedings. Should he/she wish to appeal the appeal must be presented, in writing, to the Parish Manager/Clerk unless it is his/her decision against which the appeal is being made in which case it should be to the Chairman of the Council. The letter must be presented within 5 working days of the decision being communicated to the employee and must set out the grounds for the appeal. 10. GRIEVANCE PROCEDURE (a) It is Council policy to ensure that employees with a grievance relating to their employment can use a procedure which can help to resolve grievances as quickly and fairly as possible. 10.1 Informal discussions (a) If a person has a grievance about their employment it should be discussed informally with the Parish Manager/Clerk. It is hoped that the majority of concerns will be resolved at this stage. 10.2 Formal grievance procedure (a) If the employee feels that the matter has not been resolved through informal discussions, he/she should raise it formally with the Parish Manager/Clerk in a letter which should state what it is which aggrieves him/her and, if appropriate, what outcome is sought. (b) The employee will be invited to a meeting to discuss the grievance with the Parish Manager/Clerk, or the Chairman of the Personnel Committee if the grievance is about the Parish Manager/Clerk. (c) After the meeting the employee will be informed of the decision, in writing, within 5 working days. 10.3 Appeals (a) Should the person remain aggrieved he/she will have one right of appeal against the decision. The appeal must be presented, in writing, within 5 working days of receipt of the decision, setting out the grounds of appeal. (b) The employee will be invited to a meeting of a sub-committee appointed by the Personnel Committee at which he/she will have the opportunity to present their case. Employees have the right to be accompanied by a work colleague. 10.4 Notes (a) At all stages of the procedure employees have the right to be accompanied by a work colleague. (b) Until resolution of a grievance has been achieved or all stages of the procedure have been exhausted, the conditions applying immediately before the action leading to a grievance shall apply unless there is some overpowering reason why this cannot be so. (c) As the grievance progresses through the stages, discussion will be confined to the grievance as originally stated. If either party wishes to introduce new evidence or information, the person hearing the appeal will immediately refer the matter back to the Parish Manager/Clerk who will be asked to re-examine the matter in the light of the new information.11. USE OF EMAIL AND THE INTERNET
Employees are encouraged to use email and the internet at work as a fast and reliable method of communication with significant advantages for the business of the Parish Council. However, employees need to be careful not to expose themselves and the Parish Council to certain risks and offences that the misuse of these facilities can cause.
11.1 Use of external and internal e-mail
(a) Employees must word all e-mails appropriately in the same professional manner as if they were composing a letter.
(b) The contents of any e-mail message sent must not be defamatory, abusive or illegal and must accord with the Parish Council's Equal Opportunities Policy. Sending and receiving of obscene, pornographic or other offensive material is not only considered to be gross misconduct but may also constitute a criminal offence.
(c) Employees must be careful about what is said in e-mail messages as the content could give rise to personal liability or could create liability for the Parish Council. Employees must also avoid entering into commitment of themselves or on behalf of the Parish Council over the internet without having received prior and express authorisation to do so, or unless this forms part of their normal day-to-day activities and has been so authorised by the Parish Council.
(d) The Parish Council reserves the right to monitor the contents of e-mails sent and may undertake monitoring of both the content and extent of use of e-mails.
(e) Employees must ensure that they have the correct e-mail address for the intended recipients. If employees inadvertently misdirect an e-mail they should contact the Parish Manager/Clerk immediately on becoming aware of their mistake.
(f) Employees must not send any information that the Parish Council considers to be confidential or sensitive by e-mail. The Parish Council considers the following information in particular to be inappropriate for transmission by e-mail:
(i) information related to possible or actual contracts or tenders
(ii) personnel information related to Members of Staff
(iii) personal information related to the work of any Officer or any Member of the Council.
(g) Employees must limit personal usage to a minimum and must abide by the above guidelines concerning the content of e-mails. Excessive personal usage or abuse of the guidelines concerning the content of e-mails may lead to the withdrawal of e-mail and internet access and/or disciplinary action which could result in dismissal.
(h) Employees should at all times remember that e-mail messages may have to be disclosed as evidence at any Court proceedings or investigations by regulatory bodies and therefore may be prejudicial to both their or the Parish Council's interests. Employees should consider that hard copies of e-mails may be taken and backup discs/tapes/drives may retain records of e-mails even when these have been deleted from the system.
(i) Employees should be aware that the Police have authority to demand, without warrant, any passwords, etc., related to the computer system. Failure to comply with such an instruction is a serious offence liable to punishment by a custodial sentence.
(j) If an employee is alleged to have breached the guidelines, and depending upon the circumstances and seriousness of the breach, the matter may be investigated under the Parish Council Disciplinary Procedure and may result in summary dismissal.
11.2 Using the Internet
(a) Employees may not use the internet to gain unauthorised access or attempt to gain unauthorised access to computer material or private databases.
(b) Internet access may be monitored by the Parish Council and the Parish Council will conduct an audit of internet usage from time to time. Should any breach of these internet guidelines be discovered then employees may, in addition to having internet access withdrawn, be subject to disciplinary action which, in the case of serious breach, may result in dismissal.
(c) Employees may not subscribe to any news list or groups or commit themselves to receiving information from any group or body without first informing the Parish Manager/Clerk. Employees are requested not to view sites which require downloading of software from the internet, even where this would be free of charge, without prior approval of the Parish Manager/Clerk. Staff are reminded of the risk of computer viruses.
(d) Employees must not attempt to download or retrieve illegal, pornographic, libellous, sexist, racist, offensive or unlawful material. Attempts to access such material will constitute a disciplinary offence and in addition to access to the internet being withdrawn, the member of staff may be subject to disciplinary action which may result in dismissal.
(e) Information on the internet may not have been placed there with the owner's permission, therefore employees must obtain the permission of the copyright owner before transmitting, copying or downloading such information. Where the copyright owner's consent has clearly been given, employees must comply with any terms and conditions stipulated concerning the downloading of such information. Employees must endeavour to take a hard copy of the copyright permission wherever possible.
11.3 PROPERTY
Employees are expected to take all reasonable steps to ensure the safety of their property whilst they are on the Parish Council's premises. The Parish Council will not accept responsibility for an employee's personal property which is on Parish Council premises. However, in exceptional cases employees may be able to claim an ex-gratia payment in respect of personal property that has been stolen or damaged. 11.4 PHONE CALLS/MOBILES Private calls can be made on Parish Council telephones provided: (a) the call is of an urgent nature which cannot be made outside working hours. (b) the call is to an exchange listed on the local code pages of the Milton Keynes alphabetical directory. (c) the duration of the call is kept to a minimum and, as a general rule, does not exceed three minutes If an employee wishes to make phone calls through the office telephone system which do not fall within the above criteria, they must obtain permission from the Parish Manage/Clerk before making the call. The call should be kept as brief as possible, and may have to be paid for at the appropriate rate. 11.5 IDENTITY CARDS/BADGES In appropriate cases, identity cards/badges will be issued by the Parish Council. These must be returned when leaving the Parish Council's service. 11.6 TRADE UNION MEMBERSHIP AND FACILITIES Employees have the following rights in respect of trade union membership and activities: (a) the right to be a member of such trade union as the employee may choose (b) the right not to belong to a trade union (c) the right where an employee is a member of one of the trade unions recognised by the Council for collective bargaining purposes, to take part in its activities at appropriate times, to seek election to office in the union. (At the time this paragraph was written no Trade Union had sought recognition by the Parish Council.) 12. HEALTH AND SAFETY This is an important statement and it is for the attention of all employees, whatever their position. Please read all of it carefully. If you have any doubts, or you do not understand anything written here then please don't hesitate to ask questions of the Manager. It is the desire and policy of this Council to inform you, and emphasise that health, safety and welfare at work is important to you, your colleagues, our clients, as well as to the business. There are two key elements:- (1) The Council will in so far as is reasonably practicable endeavour to maintain a working environment which ensures the health, safety and welfare of all persons affected by equipment and processes under its control (2) Every employee is to conduct themselves in a safe and healthy way, taking care of their own and others safety and to help the business to discharge its duties under the Health & Safety at Work etc. Act 1974. It is vitally important that you, and every employee of the Council, recognise the need and value of working together to achieve and maintain high standards of health, safety and welfare at work. All rules and regulations regarding health and safety matters must be observed and any accidents, injury or sickness that occurs at work must be reported. Health and Safety and Welfare at work forms part of good human relations between employee and employer, and between us and our clients. The successful accomplishment is based on good communications and active participation by all concerned. In order to achieve this objective it is necessary to establish basic rules for all employees. . You are expected to play a full role in working safely. All employees are given the opportunity to discuss their concerns and offer suggestions for improvement. . Safety must not be compromised for business interest or operational pressures. . All injuries, damage, and near misses must be reported and investigated. . We would like you to apply the same safe working practices away from work for the benefit of yourself and your family. . You must not undertake work for which you are not trained or for which a risk assessment has not been carried out. . We will provide the necessary written procedures to ensure there are safe working practices, you are invited to contribute towards the preparation of such procedures and to comply with them when undertaking your day to day tasks. The policy will be monitored continually and kept up to date, particularly as Campbell Park Parish Council changes in its nature of operations. To ensure this, the Policy and the way it is implemented, will be reviewed at least annually or whenever changing circumstances dictate.13. DATA PROTECTION POLICY
Employees must make themselves familiar with the Data Protection Acts 1998 and 2000 as well as the Freedom of Information Act 2002.
Employees may be required to give certain information relating to themselves in order that the Parish Council may properly carry out its duties, rights and obligations as the employer. The Parish Council will process and control such data principally for personnel, administrative and payroll purposes.
The term ‘processing' may include the Parish Council obtaining, recording or holding the information or data or carrying out any set of operations on the information or data, including organising, retrieving, consulting, using, disclosing or destroying the information or data. The Parish Council will adopt appropriate technical and organisational measures to prevent the unauthorised or unlawful processing or disclosure of data.
14. WHISTLE BLOWING
In properly carrying out their duties, employees may have access to, or come into contact, with information of a confidential nature. Except in the proper performance of their duties, employees are forbidden from disclosing or making use of it in any form whatsoever. However, the law allows employees to make a ‘protected disclosure' of certain information. In order to be ‘protected' a disclosure must relate to a specific subject matter (listed below) and the disclosure must also be made in an appropriate way.
If in the course of employment, an employee becomes aware of information which they reasonably believe tends to show one or more of the following, they must use the Parish Council's disclosure procedure which is described below:
(a) that a criminal offence has been committed is being committed or is likely to be committed
(b) that a person has failed is failing or is likely to fail to comply with any legal obligation to which he/she is subject
(c) that a miscarriage of justice has occurred is occurring or is likely to occur
(d) that the health or safety of any individual has been, is being, or is likely to be endangered
(e) that the environment has been, is being or is likely to be damaged
(f) that information tending to show any of the above is being or is likely to be deliberately concealed or destroyed.
14.1 Disclosure Procedure
Information which an employee reasonably believes tends to show one or more of the above should promptly be disclosed to the Parish Manager/Clerk so that any appropriate action can be taken. If it is inappropriate to make such a disclosure to the Parish Manager/Clerk the employee should speak to the Chairman of the Parish Council.
15. Maternity Support Leave
(a) Where employees are not eligible for paternity leave, maternity support leave may be granted to a child's father or the partner or principal carer of an expectant mother on, or around the time of the birth. (b) There is no service requirement to be eligible for maternity support leave. (c) Maternity support leave is for a period of 5 days and these 5 days will be paid at an employee's normal rate of pay. (d) Employees can choose to start their leave on: (i) the date the child is born (ii) a specified date within 2 weeks of birth. (e) Maternity support leave can start on any day of the week. (f) Employees wishing to take maternity support leave should complete an Application for Maternity Leave form, which is available from the Parish Manager/Clerk. 15.1 Paternity Leave(a) The provision of the right to paternity leave was introduced in the Employment Act 2002.
(b) There are two types of paternity leave: one for birth purposes and the other for adoption purposes.
(c) Both males and females can apply for paternity leave.
(d) To qualify for paternity leave, employees must:
(i) have more than 26 weeks continuous Local Government service by the end of the 15th week before the expected week of childbirth (or notification week for adoption purposes).
(ii) be either the biological father of the child or be married to, or the partner of, the child's mother. For adoption purposes, the employee must be married to, or the partner of the child's adopter.
(iii) have or expect to have responsibility for the upbringing of the child (other than that of the mother/adopter).
(e) Employees who qualify for paternity leave (for birth or adoption purposes) are entitled to be absent for a total of two weeks at normal pay.
(f) SPP can start on any day of the week.
(g) Paternity leave must be taken within 56 days of the first day of the expected week of childbirth (EWC), or placement.
(h) Employees can choose to start their leave on:
(i) the date the child is born/placed
(ii) a later date, within 56 days of the birth/placement. If the baby is born prematurely, the 56 days can be counted from the first day of the EWC.
15.2 MATERNITY SCHEME
15.2.1 Initial Obligations on the Employee(a) The employee shall notify the Parish Manager/Clerk at least 28 days before her absence begins or as soon as is reasonably practicable:
(i) That she is pregnant;
(ii) Of the expected week of childbirth (EWC);
(iii) Of the date she wants her ordinary maternity leave to start (this cannot be earlier than the beginning of the 11th week before the EWC).
(iv) The Council requests that notification of the absence is given in writing and that the employee produce a certificate from a registered medical practitioner or a registered midwife stating the EWC.
(c) If the employee has provided the Council with the date she intends to start her ordinary maternity leave in advance of the 28 day requirement, and subsequently wishes to change the date she can do so providing she advises the Parish Manager/Clerk at least 28 days in advance of the new date she wishes her ordinary maternity leave to commence.
15.2.3 Initial Obligations on the CouncilThe Council will acknowledge an employee's notification of pregnancy in writing within 28 days stating the expected date of return from maternity leave. This will be either 26 or 52 weeks from the start of her leave depending on whether the employee is entitled to ordinary maternity leave or additional maternity leave.
15.2.4 Ante-Natal CareAny pregnant employee has the right to paid time off to attend for ante-natal care and must produce evidence of appointments if requested to do so by Parish Manager/Clerk.
15.2.5 Health & SafetyConsideration will be given to any health and safety implications for pregnant or breastfeeding employees identified in the Workplace Risk Assessment
15.3 Maternity Leave Entitlement
(d) All employees are entitled to remain absent on ordinary maternity leave for up to 26 weeks with pay, regardless of length of service or the number of hours worked per week. (e) Employees who do not qualify for additional maternity leave may be allowed leave without pay in excess of the 26 week period at the discretion of the Personnel Committee. (f) Employees who have completed not less than 26 week's continuous local government service by the end of the 15th week before the expected week of confinement (EWC) are entitled to a further 26 weeks additional maternity leave which may start at the end of ordinary maternity leave. (g) Employees entitled to additional maternity leave may request that their period of maternity leave be extended to a maximum of 63 weeks. This is at the discretion of the Personnel Committee and will be without pay. If approved the extended maternity leave will start at the end of additional maternity leave, allowing a maximum of 52 weeks maternity leave after childbirth. This, applied to the earliest start of ordinary maternity leave, i.e. 11 weeks before the EWC, provides the maximum of 63 weeks maternity leave. (h) Employees should submit their request to take extended maternity leave in writing to the Parish Manager/Clerk within 21 weeks of childbirth. This allows the Council to make the appropriate arrangements to cover the full period of maternity leave, should the period of extended maternity leave be agreed. (i) Employees will take a period of 2 weeks compulsory maternity leave immediately following the date of childbirth. This period of compulsory maternity leave forms part of the ordinary maternity leave and is not in addition to. (j) Maternity leave shall commence no earlier than 11 weeks before the EWC, or from the time of childbirth if that is earlier. 15.4 Maternity Pay (k) Payments for employees who have less than one year's continuous local government service at the beginning of the 11th week before the expected week of childbirth (EWC) shall be the employee's entitlement to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) which is paid by the Department for Work and Pensions if the employee is not eligible for SMP. (l) Payments for employees who have completed not less than one year's continuous local government service at the beginning of the 11th week before EWC shall be as follows:-(i) For the first six weeks of absence an employee shall be entitled to nine-tenths of a week's pay offset against payments made by way of SMP or MA.
(ii) For employees not intending to return to work payments during the subsequent 20 weeks shall be the employee's entitlement to SMP or MA.
(iii) An employee who declares in writing that she intends to return to work will, for the subsequent 12 weeks, receive occupational maternity pay at a rate of half a week's pay plus her entitlement to SMP or MA. This will be without deduction except where the combined pay and SMP or MA exceeds normal full pay. Alternatively the equivalent amount (i.e. 6 weeks pay) may be paid on any other mutually agreed distribution.
(iv) The subsequent 8 weeks shall be the employee's entitlement to SMP or MA.
(v) Payments made by the Council during maternity leave under 15.4(l) (iii) shall be made on the understanding that the employee will return to local authority employment for a period of at least three months which may be varied by the Council on good cause being shown and, in the event of her not doing so, the employee shall refund the monies paid, or such part thereof, if any, as the Council may decide. Payments made to the employee by way of SMP or MA are not refundable.
15.5 Miscarriage, Termination, Still Birth and Death of a Baby (m) If the baby dies or is still born after 24 weeks pregnancy the maternity scheme applies. (n) Where this occurs before 24 weeks by miscarriage or termination consideration shall be given to the circumstances and where necessary and appropriate, special leave or sick leave shall be granted on the basis of the individual circumstances. 15.6 Right to Return To Work.‘Job' for this purpose means the nature of the work which the employee is employed to do and the capacity and place in which she is so employed.
(o) Subject to 12.9(b) to return to the job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those which would have been applicable if the employee had not been absent. (p) Where it is not practicable by reason of redundancy for the Council to permit her to return to work in her job as defined in 15.6(o) the employee shall be entitled to be offered a suitable alternative vacancy where one exists, provided that the work to be done in that post is suitable to her and appropriate to the circumstances, and that the capacity and place in which the employee is to be employed and her terms and conditions of employment are not substantially less favourable to her than if she had been able to return to the job in which she was originally employed. (q) Suitable alternative employment may also be offered if exceptional circumstances other than redundancy (e.g. a general re-organisation), which would have occurred if the employee had not been absent, necessitate a change in the job in which she was employed prior to her absence. The work to be done should be suitable to her and appropriate to the circumstances and the capacity and place in which the employee is to be employed and her terms and conditions of employment should not be less favourable to her than if she had been able to return to the job in which she was originally employed. 15.7 Exercise of the Right to Return to Work (r) Return before the end of the maternity leave period:(i) An employee who qualifies for 26 weeks ordinary maternity leave shall notify the Council in writing at least 7 days before the day on which she proposes to return if this is before the end of the 26 weeks ordinary maternity leave. Where the notice given is less than 7 days the Council may postpone the return to ensure 7 day's notice, but not beyond the end of the ordinary maternity leave period.
(ii) An employee who qualifies for additional maternity leave shall notify the Council in writing at least 21 days before the day on which she proposes to return if this is before the end of the additional maternity leave period. Where the notice given is less than 21 days the Council may postpone the return to ensure 21 day's notice, but not beyond the end of the additional maternity leave period.
(s) All employees(i) Where an employee is unable to return on the expected day due to sickness the date of return can be deferred providing the employee has obtained a medical certificate from her GP. Normal sickness absence procedures will then apply.
(ii) For an employee where, because of an interruption of work (whether due to industrial action or some other reason), it is unreasonable to expect her to return on the due date, she may instead return when work resumes, or as soon as is reasonably practicable thereafter.
(t) Flexible Working
The Council will consider the full range of flexible working arrangements and support facilities for employees returning to work. 15.8 Relationship with Sickness and Annual Leave (u) Maternity leave will not be treated as sick leave and will not therefore be taken into account for the calculation of the period of entitlement to sickness leave. (v) Ordinary, additional and extended maternity leave shall be regarded as continuous service for the purposes of the National Joint Council's sickness and maternity schemes and annual leave. (w) Annual leave continues to accrue during ordinary and additional maternity leave. 15.9 Definitions (x) A Week's Pay: The term "a week's pay" for employees whose remuneration for normal working hours does not vary with the amount of work done in the period, is the amount payable by the Council to the employee under the current contract of employment for working her normal hours in a week. Where there are no normal working hours, a week's pay is the average remuneration in the period of 12 weeks preceding the date on which the last complete week ended, excluding any week in which no remuneration was earned. (y) Childbirth: Childbirth means the live birth of a child, or a still birth after a pregnancy lasting at least 24 weeks. (z) Nothing in these provisions shall be construed as providing rights less favourable than statutory rights. 15.10 Treatment of Benefits (aa) RemunerationAn employee receives normal remuneration up to the date she ceases work to commence her ordinary maternity leave. Where an employee is on maternity leave at the time of the annual salary review, her salary will be reviewed in accordance with the provisions of the current salary scheme.
(bb) Holiday(i) An employee continues to accrue annual leave during paid and unpaid maternity leave up to a maximum of 26 weeks of unpaid maternity leave.
(ii) With the agreement of Parish Manager/Clerk, an employee may elect to take such accrued leave either before her maternity leave starts or at the end of her full period of maternity leave, so long as this is within the leave year in which the maternity leave falls.
(iii) An employee may carry forward up to five days of annual leave to the next leave year. In exceptional circumstances, the Parish Manager/Clerk may approve the carry forward of additional days.
(cc) Pensions(i) An employee on maternity leave who is a member of the Local Government Pension Scheme continues her membership.
(ii) Contributions proportional to the actual pay received by the employee will continue during paid maternity leave. This period counts as full reckonable service for pension purposes.
(iii) On returning to work from a period of maternity leave, an employee will be offered the opportunity to pay pension contributions for any periods of unpaid maternity leave. These contributions will be based on the final rate of maternity pay. If the employee takes up this option, the full period of maternity leave will count as reckonable service for pension purposes. If the employee does not take up this option, there will be a break in reckonable service during the unpaid period of maternity leave.
(dd) Child Care SubsidiesContributions towards childcare costs will continue during the maternity leave period.
(ee) Service (i) For an employee who returns to work, the period of maternity leave counts as continuous service for contractual purposes including annual leave, sickness scheme, maternity scheme, and long service awards. (ii) The period of maternity leave counts for statutory purposes, for computing of redundancy, notice and unfair dismissal basic award entitlement. (ff) Termination Date (i) If a pregnant employee has notified the Council in writing that she does not intend to return to work after childbirth, then her contract of employment will be terminated with effect from the date she has advised to be the last day of her maternity leave, whether that be paid or unpaid. (ii) If during maternity leave an employee decides she is not going to return to work, her contract of employment will be terminated with effect from the date she has advised to be the last day of her maternity leave, whether that be paid or unpaid. (gg) Maintaining ContactIf an employee intends to return to work following maternity leave, the employee's manager will designate another employee to maintain contact with her during the period of maternity leave to ensure she is kept in touch with Council news and information.
16. SECURITY
The last employee to leave any Parish Council building is responsible for ensuring that all doors and windows are securely locked and any alarms set.Acknowledgment of Receipt of Staff Handbook
I, ............................................ confirm that I have read and understood this Staff Handbook and accept that it forms part of my Terms and Conditions of Employment. Signed ....................................... Dated .............................................. Acknowledgment of Receipt of Staff Handbook I, …………………………………….. confirm that I have read and understood this Staff Handbook and accept that it forms part of my Terms and Conditions of Employment. Signed ………………………………… Dated ……………………………………….
CP Parish
Parish Manager
