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PRECEDENTS
1 Introduction 1.1 This document sets out our policy on handling requests by employees for a variation to their terms and conditions of employment relating to: 1.1.1 the hours the employee is required to work (for example a request to work fewer hours per week); and/or 1.1.2 the times when the employee is required to work (for example starting earlier or later in the day); and/or 1.1.3 the location (any place of business of the Company and/or at the employee’s home) at which the employee is required to work (for example, a request might be made by an office-based employee to work one day a week from home). 1.2 [If you wish to apply to opt in to hybrid working, which means that staff attend the workplace for part of their working time and work from home (or elsewhere) remotely for part of their working time, see our Hybrid working policy, which sets out the process to follow in those circumstances.] 1.3 [Other changes to working arrangements are covered by the informal procedure set out in paragraph 11 below.] 1.4 This policy is designed to be as comprehensive as possible. However, if you have any queries which are not
PRECEDENTS
1 Introduction 1.1 This document sets out our policy on handling requests by eligible employees for a variation to their terms and conditions of employment. 1.2 This policy is for guidance only and does not form part of your contract of employment and we may amend it at any time. It outlines the rights employees are given by law but is intended to be a summary only and not a complete statement of your rights. Please contact [the HR department] if you have any queries about your entitlement. 1.3 This policy applies only to employees and, in certain circumstances, to agency workers. It does not apply to consultants[, contractors] [, volunteers] [, interns] or casual workers. 1.4 [If you wish to apply to opt in to hybrid working, which means that staff attend the workplace for part of their working time and work from home (or elsewhere) remotely for part of their working time, see our Hybrid working policy, which sets out the process to follow in those circumstances.] 2 Eligibility conditions 2.1 To be eligible to make a flexible working request, you must: 2.1.1 be an employee; 2.1.2 not have made more than one other flexible working request during the previous 12 months (including a
PRECEDENTS
1 Introduction 1.1 This document sets out the policy and procedure operated by the Company to address: 1.1.1 poor performance (by which we mean lack of skill and aptitude in undertaking a job role) (see paragraph 2); 1.1.2 genuine persistent, intermittent, short-term absence (see paragraph 3); and 1.1.3 long-term ill-health absence (see paragraph 4). Paragraph 5 sets out the formal capability procedure that will apply if informal steps taken to deal with any of these issues are insufficient, ie invitations, attendance, the right to be accompanied, how capability meetings are conducted, adjournment, the decision and the right of appeal. 1.2 This policy[ has been agreed in consultation with [trade union representatives OR the staff association OR employees] and] applies to all employees. 1.3 This policy intends to provide a framework for dealing with matters in a fair, supportive and consistent manner. It is intended only as a statement of the Company's policy and does not form part of any contract of employment or otherwise have contractual effect. The Company reserves the right to make additions or alterations to the policy from time to time and you will be notified of any such additions or alterations.
PRECEDENTS
1 Introduction 1.1 This document sets out the policy and procedure we operate to address: 1.1.1 poor performance (by which we mean lack of skill and aptitude in undertaking a job role); and 1.1.2 genuine persistent, intermittent short-term absence. 1.2 This policy applies to all employees and workers except agency workers, consultants, self-employed contractors[, volunteers] [, interns] and casual workers. It does not form part of any contract of employment or otherwise have contractual effect and may be amended by us at any time. 1.3 The Company will comply with relevant data protection laws when handling information about your health. 2 Procedure 2.1 Where you are failing to perform to a satisfactory level, or where your attendance levels are unsatisfactory due to persistent, intermittent, short-term absence, the purpose of this capability procedure is to encourage and help you to improve your performance and/or attendance to a level acceptable to us. 2.2 The action taken in each case will be that which we consider appropriate taking into account the particular circumstances. Your line manager will be involved in any discussions. The procedure will usually involve: 2.2.1 a full discussion of the situation with you at
PRECEDENTS
This Precedent is a long-form sickness and attendance policy and procedure suitable for inclusion in a staff handbook by an employer or for use as a stand-alone policy, dealing with sickness absence, absence due to illness or injury, and work attendance. It is applicable to all employees and sets out the applicable principles, responsibilities and procedure for absence reporting and certification including: notification of absence, self-certificate or doctor’s or healthcare professional’s certificate or statement of fitness for work, or fit note. It covers statutory sick pay (SSP) and company sick pay, permanent health insurance (PHI), holidays, attendance monitoring, medical examinations, medical reports, return to work and absence meetings, reasonable adjustments for disabled employees, alternative employment, termination for long-term sickness absence, absences for specific reasons and the right to be accompanied at meetings. 1 Policy 1.1 The Company is committed to ensuring that its employees attend work whenever they are fit for work. However, the Company also recognises that people do become ill and need to be absent from work. Where this is the case, the Company
PRECEDENTS
1 Policy 1.1 We are committed to ensuring that our employees attend work whenever they are fit for work. However, we also recognises that people do become ill and, where this is the case, will, through consultation with you and medical advisers when appropriate, manage such absence with the ultimate aim of getting you back to work as soon as possible, with appropriate and reasonable assistance from us to achieve that aim. This policy sets out the expected steps in managing sickness and attendance but we may use a different procedure or take additional steps as required in individual cases. 1.2 Certain parts of this policy are contractual requirements with which you must comply. This policy is not otherwise contractual, does not form part of any employee’s contract of employment and we may amend it at any time. 1.3 This policy applies to all employees and workers except agency workers, consultants, self-employed contractors[, volunteers] [, interns] and casual workers. 2 Your responsibilities 2.1 You must take responsibility for your own attendance at work and, if you are ill, your recovery and timely return
PRECEDENTS
1 Purpose and scope 1.1 The Company is committed to protecting the health, safety and welfare of its employees, promoting positive mental health for all its staff, and tackling the causes of stress and work-related mental ill health. 1.2 The Company aims to promote a positive working environment where: 1.2.1 it works with employees to promote the physical and mental health of all employees; 1.2.2 all staff feel able to talk openly about their mental health and do not fear bullying or harassment, or, where their condition is a disability, discrimination; 1.2.3 people with mental health issues have the opportunity to participate in the workplace. 1.3 The Company recognises that stress in the workplace is a health and safety issue and acknowledges the importance of identifying and reducing the causes of workplace stress. 1.4 The Company also recognises that an employee’s performance or behaviour can be affected if they are experiencing mental ill health, and that appropriate support and adjustments should be explored before considering any formal measures such as disciplinary action. 1.5 This policy applies to all staff, including employees, temporary and agency workers, other contractors, interns,
PRECEDENTS
1 Purpose and scope 1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. 1.2 The Company takes malpractice very seriously. We are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards too. We encourage open communication from all those who work for us and we want everyone to feel secure about raising concerns.[ The Company will provide regular training to all staff in relation to whistleblowing law and this policy.] 1.3 All staff have protection under whistleblowing laws if they raise concerns in the correct way. This policy is designed to give staff that opportunity and protection. 1.4 It does not matter if an individual who raises a concern is mistaken about it—staff do not have to prove the allegation they are making but they must reasonably believe that the disclosure is made in the public interest and that the information they have tends to show some malpractice. 1.5 This policy applies to all employees, officers, consultants, contractors of the Company and to other workers within the Company including agency workers, casual
PRECEDENTS
1 Purpose and scope 1.1 All organisations face the risk of things going wrong or of unknowingly harbouring malpractice. We take malpractice very seriously and are committed to conducting our business with honesty and integrity and we expect all staff to maintain high standards too. We encourage open communication from all those who work for us and we want everyone to feel secure about raising concerns.[ We will provide regular training to all staff in relation to whistleblowing law and this policy.] 1.2 All staff have protection under whistleblowing laws if they raise concerns in the correct way. This policy is designed to give staff that opportunity and protection. It does not matter if an individual who raises a concern is mistaken about it—staff do not have to prove the allegation they are making but they must reasonably believe that the disclosure is made in the public interest and that the information they have tends to show some malpractice. 1.3 This policy applies to all our employees, officers, consultants, contractors and to other workers including agency workers, casual workers[, volunteers] [,
PRACTICE NOTES
This Practice Note provides a consolidated overview of the policy and network costs that Great Britain (GB)’s electricity suppliers and gas suppliers are obliged to pay to fund energy subsidy schemes and pay network companies for their services. Relevant subsidy schemes funded by such costs include the Contracts for Difference (CfD), Renewables Obligation (RO), Feed-in Tariff (FiT), Capacity Market, (sometimes known as ‘final consumption levies’), Energy Company Obligation (ECO), and Warm Home Discount (WHD). In order to pay these costs, energy suppliers add them to electricity and gas bills, in addition to their costs for procuring electricity/gas, their operational costs and profit. It also includes explanation of the exemptions from certain network charges given to certain ‘Electricity Intensive Industries’ and how these policy and network costs fit in with the move towards control/caps on energy suppliers’ domestic gas and electricity tariffs in recent years. The Practice Note consolidates our more detailed content on the funding arrangements for these subsidy schemes into one place. Links are provided
PRACTICE NOTES
This Practice Note examines the nature of employment policies and policy documents in the context of employment. Policies are similar to guidelines: they are statements of usual practice, and of good practice, but they are not statements of universal practice. It is inherent in the nature of a policy that there may be circumstances where it would be inappropriate for it to be followed. It is accepted that employers will need to make rules to regulate the minutiae of daily working life without these rules becoming set in contractual stone. For example, in Dryden, the employer introduced a prohibition on smoking at work (prior to the statutory ban, see Practice Note: Smoking in the workplace). The employee resigned and claimed constructive dismissal on the basis that the introduction of the ban constituted a material breach of their contract of employment. The EAT held that the introduction of the new policy fell into the category of a 'works rule'. It had no contractual effect and, therefore, could not be used as a foundation for a constructive
GLOSSARY
A loan granted by a life assurance company to a policyholder. The extent of the loan is based on a percentage of the surrender value (typically up to 90%) of a whole life or endowment policy.