EmployeeHandbook

Effective 1 April 2026

Welcome

Welcome to SHAX.

SHAX is an independent local charity (SC 042940) providing practical help to people facing crisis through poverty and/or homelessness. We also provide volunteering and work placement opportunities for local people hoping to improve their chances of employment and their health & wellbeing.

We offer:

Emergency Starter Packs – which clients receive to enable them to move into their new tenancy immediately. This can include crockery, cutlery, personal hygiene items and bedding.

SHAX Homemaker Scheme – a delayed payment service to help clients buy household goods through a jointly agreed repayment schedule. This enables clients to have essential items to start them off in their new tenancy.

Sales of pre-loved household items - Our sales warehouse is stocked from donations by local residents and businesses and is open to the general public. SHAX is one of only two Revolve accredited stores in Dumfries & Galloway, ensuring we have high quality goods for sale.

We are currently based in the beautiful and historic grounds of The Crichton, a parkland estate on the outskirts of Dumfries and also have a Dumfries town centre shop

Policies and Procedures

This Handbook sets out the operational and employment related policies, procedures, and some of the rules for employees of SHAX (also referred to as the ‘organisation’). You should familiarise yourself with the Handbook and comply with it at all times.

The policies in this Handbook apply to employees of the organisation. Some also apply to board members and volunteers and this is clearly marked in the ‘Scope’ section of each policy.

Where there are different or additional arrangements for particular employees these are set out separately in writing to the individuals concerned.

This Handbook does not form part of the terms of your contract/Terms and Conditions of Employment with us. Employees are issued with a separate Statement of Main Terms and Conditions of Employment.

The organisation reserves the right to amend the Handbook from time to time, without notice if necessary. The Handbook will be reviewed on an annual basis, responsibility for which will sit with the Board of Trustees. Any significant changes will be signed off by the Board of Trustees. In the event that new statutory rights or legislation are introduced prior to a Handbook review, and these are over and above the current provision, the statutory entitlement will be provided.

The controlled version of this Handbook will be stored by the Social Enterprise Manager. All other copies will be uncontrolled.

The sections are listed in alphabetical order. For sake of the environment, we encourage employees to view this Handbook electronically rather than printing it.

If you have any questions about the content in these documents, please contact the Social Enterprise Manager. If you feel unable to contact the Social Enterprise Manager, please contact the Chair of the Board of Trustees.

Please note

the term ‘Social Enterprise Manager’ is used throughout the Handbook to denote the most senior operational manager within the organisation. Where the Social Enterprise Manager is seeking approval/authorisation this should be sought from a relevant board member.

OPERATIONAL POLICIES

3. AI (Artificial Intelligence) Policy

3.1 Introduction

We recognise that the use of artificial intelligence (AI) presents many strategic and operational opportunities, particularly the GPT model. This includes the opportunity for automation, which means that vast amounts of information can be gathered quickly. We are committed to embracing technology so that we can continue to innovate and improve our organisation but we are also highly aware of the risks that come with new technologies. Because of this, there is a need for us to have strict rules around how we use AI.

3.2 What is GPT?

Generative Pre-trained Transformers (GPT) are neural network models which use transformer architecture to power machine learning and generative AI applications.

Numerous GPT chatbots exist in the marketplace, which use a Large Language Model to facilitate question and answer interactions with users. Examples of some of the major products using this model include:

ChatGPT

Google Bard

Hugging Chat

Bing AI

Jasper Chat

Zendesk Answer Bot

Drift Conversational AI

GitHub Copilot

Amazon Code Whisperer.

This list is not exhaustive. There are many more similar products, with new ones emerging all the time.

3.3 Risks presented by GPT

GPT, and AI generally, present a number of risks, both in general and also specifically to our organisation.

General risks associated with AI include:

error

GPT solutions are by no means perfect and present a very real risk of error; use that is not monitored or regulated gives rise to a high probability of legal claims and a general reduction in quality

confidential information

chatbots are produced and managed by third-party organisations and as such, any information entered into them, including personal data and general confidential information, is passed to the third party

security

the full capabilities of all AI applications in the marketplace cannot be fully understood, particularly because of how quickly the sector is developing. There is a significant risk that AI may be utilised to access our systems by those who intend to cause it harm or otherwise operate contrary to our interests

bias

machine learning relies upon information fed to its systems. This means that biases within the data sets fed to AI applications will be replicated and reinforced, risking increased bias in the responses it gives

inappropriate information

the response produced by AI applications may not be vetted for appropriateness, increasing the risk that responses produced contain inflammatory, discriminatory or otherwise inappropriate information.

Risks to our organisation associated with AI include:

• arming our competitors — the depth and breadth of our industry-specific data is an enormous asset to us and provides us with significant competitive advantage through our ability to service our clients by the usage of the personal information database. Any data fed by us into publicly available AI systems gives the benefit of this data, not just to the third-party provider but to anybody using the third-party provider’s services.

Because of the risks, we must have a system whereby AI is used in our organisation on a strictly advance approval only basis.

3.4 Approvals

Our IT system will block known publicly available GPT platforms from being accessed on company devices. We will monitor any new applications that emerge and block access to these too.

Employees who wish to request access must provide the following case to their line manager:

• the AI application they wish to have access to
• clear reasons for usage which must be in connection with the employee’s specific or proposed tasks
• the proposed benefits to the organisation gained by having access
• an assessment of the risks created by having access
• how these risks may be controlled.

The Social Enterprise Manager will maintain a register of all users authorised to access GPT and their case and this will be reviewed every six months, with the Social Enterprise Manager providing recommendations Trustee Chairperson, who will determine whether use may be continued.

Only authorised users will be allowed to utilise GPT for work. Authorised users will have access to designated GPT products on company devices only and must not utilise these products for work purposes on personal devices.

Any unauthorised access to, or usage of, any AI application may be dealt with under the disciplinary procedure.

Any queries about this process should be directed to the Social Enterprise Manager.

4. Cash Handling Policy

Scope

This policy applies to employees, volunteers and anyone else handling cash on behalf of the organisation.

About this Policy

This policy sets out our rules and arrangements for staff and other individuals who are required to handle cash on our behalf.

This policy does not form part of any employee's contract of employment and we may amend it at any time. We may also vary the policy as appropriate in any case.

SHAX accepts that there will be occasions where employees and volunteers will be asked to handle and even transport cash on behalf of SHAX.

SHAX recognises that any cash handling can put the handler at risk.

Aims of the Policy

• To provide employees/volunteers with advice on how to handle cash safely.
• To ensure that any employee/volunteer handling cash feels confident in doing so.
• To reduce the risks associated with money handling.
• To ensure that SHAX cash is transported safely.
• To provide help and support if things go wrong.

Application of the Policy

Anyone handling cash in any form on behalf of SHAX must be over the age of 18.

All employees/volunteers that will be handling cash must receive training on how to do it safely. Anyone carrying money should be given the advice about personal awareness.

Any employee/volunteer carrying money on behalf of SHAX has the right to be accompanied by another person they trust.

When employees/volunteers are making a trip to the bank they should make someone in the office aware of the fact that they are going and when they expect to be returning, and this person is responsible for initiating emergency procedures, as described in the lone worker policy, if necessary.

Drivers must not take cash payments for goods.

Any sums of money over £500 should not be kept on SHAX premises.

Any visits to the bank to pay in money should not be done at regular times and money being transported must be logged and counted beforehand.

Under no circumstances should any employee put themselves at risk on account of SHAX property. If money is demanded it should be handed over immediately.

Anyone who has a bad experience from carrying money should be offered support and counselling if they need it. Problems of this type should be brought up with the employee’s line manager.

5. Customer Complaints Policy

Scope

This policy is relevant to employees, volunteers and trustees as it explains how customer complaints will be handled.

Introduction

This policy sets out how customer service complaints will be handled. It does not cover internal complaints – for example, a complaint about a work colleague by a work colleague.

This policy does not form part of any employee's contract of employment and we may amend it at any time. We may also vary the policy as appropriate in any case.

SHAX recognises that anyone having dealings with SHAX has a right to complain about the service provided and for the complaint to be dealt with fairly.

SHAX is committed to providing a high level of customer service and aims to learn from any failing through our comprehensive complaints procedure.

Aims of the Policy

• To ensure that any complaints about SHAX, its work, or its staff are dealt with correctly and swiftly.
• To ensure that any problems highlighted by complaints are dealt with promptly.
• To ensure that people working with SHAX receive the best service possible.
• To provide SHAX with a record of any problems which have happened in the past.

Application of the Policy

All complaints about SHAX, its work or its staff should be received in the form of a letter addressed to the Social Enterprise Manager with a method of contacting the complainant.

Anyone using the telephone or email to complain should be informed of this.

On receipt of a complaint the Social Enterprise Manager should reply immediately, acknowledging receipt of the complaint (within 3 days) and giving a time span in which the complaint will be dealt with, the length of which will depend on the nature of the complaint, but will usually be 7 days.

The Social Enterprise Manager should then make a note of the complaint along with the plan of action for dealing with the complaint, which should be kept on file for a period of 3 years.

For more serious complaints the Chair may choose to elect a small committee to look into the complaint and suggest solutions.

On occasions where the complaint is about an employee this should be referred to their line manager to take the appropriate action, if necessary as part of a formal investigation/disciplinary process.

Once the Social Enterprise Manager or elected committee has come to a decision about the action to be taken they should send a reply to the complainant and act on the decision made.

If the complainant is not satisfied with the decision of the Social Enterprise Manager or elected committee they should contact the Chair within 7 days.

6. Environmental Policy

Scope

This policy applies to employees, volunteers and the Board of Trustees.

Introduction

SHAX recognises that its operation and its outputs have an impact on the environment. This procedure outlines the organisation’s commitments to minimising negative impacts of its operation on the environment.

This policy does not form part of any employee's contract of employment and we may amend it at any time. We may also vary the policy as appropriate in any case.

Aims of the policy

• To use energy and other resources efficiently and responsibly by monitoring and where possible reducing consumption, thereby minimising waste and the associated pollution in the offices and communities in which we work.
• To promote best practice in the prevention and management of pollution in offices and communities in which we work.
• To keep up to date with relevant environmental legislation and standards and ensure compliance with these and other standards to which the organisation subscribes.
• To promote awareness of environmental legislation and standards and encourage compliance by the communities in which we work.
• To implement a staff transport policy to promote maximum efficiency of fuel and time balanced with the personal and professional demands of working by coordinating meetings and appointments and encouraging car sharing and the use of public transport where appropriate.
• To promote awareness of the environmental friendly transport options to the communities in which we work.

Waste minimisation

• Paper should be used efficiently.
• Documents should only be printed if absolutely necessary.
• Only as many copies as needed should be made.
• All used paper should be recycled and envelopes reused where possible.
• Used stamps should be collected for charity.
• Non urgent information should be circulated or displayed to avoid multiple copies.
• Electronic equipment should be recycled.
• Printer and photocopier cartridges should be recycled.
• Any other waste that can be recycled should be.

Energy

• Low energy bulbs should be used in preference to high energy bulbs.
• Electrical equipment (lights, computers, printers, heaters, photocopies) should be turned off when not in use, particularly at night.
• Best use of natural light should be made.
• Kettles should be filled to required level when boiling rather than being filled completely.
• Solar powered calculators and similar equipment should be used where available.
• All office machinery should be regularly serviced to maintain optimum operating efficiency and longevity as specified by the manufacturer.

Water

• Dripping taps should be turned off where possible, or mended.
• Leakages should be reported immediately.
• A brick or fill bottle could be put in the toilet cistern to use less water.

Transport

• Car sharing should be encouraged when possible.
• Alternative forms of transport should be used where possible, e.g. train journeys if they are available in the time required and more efficient (and cost effective) than car use.
• Employees should try to combine several trips at once.
• Vehicles should be regularly serviced and maintained to maintain efficiency.
• Employees should be encouraged to drive smoothly and must drive within the appropriate speed limits.
• Engines should not be left running when stationary for long periods of time.

Purchasing

• Recycled products/products from a sustainable source (paper etc) should be bought as preference if financially viable.
• Returnable/refillable containers should be bought where appropriate and possible.
• Environmentally friendly cleaning products should be used where possible.

7. Equipment and Stationery Ordering Policy

Scope

This section applies to employees, volunteers and trustees.

Introduction

This policy outlines the policy for purchase of equipment and stationery.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Aims of the Policy

To ensure value for money and to save SHAX money where possible. To ensure that employees know how to order equipment and stationery.

To ensure that employees comply with authorisation requirements when ordering equipment and stationery.

Policy

For items that are not commonly stocked, or available at the time of need, a request should be put to the Social Enterprise Manager for the items required.

Items ordered through SHAX should, where possible, be ordered together to save on postage and packing.

For large items of office equipment, such as computing equipment and furniture with a value over

£900, or where multiple items are being bought at the same time that amount to more than £900 in total, a request should be made to the Social Enterprise Manager or the SHAX Chair, who should decide on whether the item should be bought, considering the cost and the importance to the job. The Board of Trustees should then decide the most appropriate way of buying it.

The Finance Policy provides further detail on authorisation levels for purchasing.

8. Finance Policy8. Finance Policy

Scope

This section applies to employees and trustees.

Introduction

SHAX is required to keep financial records by law and also to provide information to its funding bodies about where the money is going to ensure that it is being made the best use of and to help secure future funding.

SHAX has limited funding and needs to ensure that all its monies are accounted for and spent appropriately.

Aims of the Policy

• To meet all legal requirements regarding the recording of financial activities.
• To enable completion of tax returns.
• To provide information to the funding bodies.
• To give the Board control over their finance and enable them to monitor spending and regulate purchases.
• To ensure that SHAX remains financially stable.

Application of the Policy

All employees should be familiar with the parts of the policy that involve them and adhere to the guidelines.

All financial records should be classed as confidential and stored in accordance with the Confidentiality Policy. Breaches of which will be considered serious with the potential to result in summary dismissal.

The Board shall decide what levels of reserve are appropriate for SHAX at its first meeting after the AGM each year. This should take into account any financial requirements which would need to be satisfied if SHAX should close.

SHAX will adhere to legal requirements and good practice in relation to its finances at all times.

Accounts

SHAX will keep proper accounts including:

• A transaction record keeping a record of all SHAX transactions
• A petty cash spreadsheet of purchases paid by cash
• Payroll reports detailing PAYE deductions
• The financial year will start on the 1st April
• Accounts will be drawn up within 6 months of the end of each financial year and will be presented at the AGM
• Before the end of the financial year a budget shall be drawn up for the following year and approved
• Finance reports comparing bi-monthly actual income/expenditure with the budget will be circulated to Board members and considered at each Board meeting.

Banking

SHAX uses the Cooperative Bank for its banking, with the account name as “SHAX”.

The bank mandate (list of signatories) will always be approved and minuted by the Board and provided to the Social Enterprise Manager when it is changed.

SHAX requires the bank to provide them with monthly statements which must be reconciled, and these should be checked by the Social Enterprise Manager monthly.

SHAX will not use any other bank or an overdraft facility unless it has been passed by the Board and minuted.

Income

Evidence that income has been received and is appropriate must be kept and stored.

All monies received should be noted and paid into the bank account promptly using the cash handling policy.

SHAX shall keep all correspondence from funding bodies to prove the grant has been received and provided legitimately.

All fundraising and grant applications should be made in the name of SHAX with permission obtained from the Board.

Expenditure

The Social Enterprise Manager is responsible for the security of cheque books which should be kept locked away when not in use with limited access.

Blank cheques should never be signed.

The Social Enterprise Manager and SHAX Chair are authorised to approve any single item of expenditure up to £900 up to a maximum of £1000 per month. Any items of expenditure over

£1000 must be approved by the Board.

Any employee who is required to submit a claim for expenditure should have the claim signed by their line manager first. Any cheques for expenditure should not be signed by the claimant.

No cheques should be signed by anyone that hasn’t seen the relevant claim form. Money should only be spent in accordance with SHAX’s governing document.

All cheques must be signed by 2 signatories.

Payment Documentation

Every payment made must be supported by the original invoice/claim form and not further demands (e.g. statements). The exception to this is where an invoice cannot be provided in which case a copy of the cheque should be kept with the claim form.

All invoices should be filed and kept for 6 years.

Petty cash should be kept in a lockable container along with an Excel spreadsheet to make records for it. All money spent through petty cash must be recorded and receipts produced for items bought.

Wages and Salaries

There should be a clear trail of payment of salaries.

When using the BACS system all the required paperwork should be completed. All employees shall be paid under PAYE rules.

All wages will be paid through SHAX payroll service.

No overtime payments will be made; however Time Off in Lieu (TOIL) may be accrued.

Expenses should be recorded on the appropriate forms as detailed in the expenses claim policy. Any large claims should be passed by the employee’s line manager before being spent, and receipts must be provided for all claims with the exception of fuel where employees will be paid by the mile.

Changes in working hours and salaries should be passed and minuted by the Board.

9. Induction Policy (Board Members)

Scope

This policy applies to Board Members.

Introduction

When new Board Members are appointed they will receive an induction.

SHAX is committed to ensuring that Board Members receive the necessary information they need when appointed to enable them to carry out their role.

Aims of the Policy

• To ensure that the new Board member has all the information they need to carry out their role.
• To ensure that all employees in the office are aware of the new Board member.
• To ensure that all policies and procedures are followed.
• To ensure that their knowledge of SHAX is sufficient to allow them to carry out their role.

Application of the Policy

New Board members should receive an induction to the role as soon as possible after their appointment.

The induction should be provided by the SHAX Social Enterprise Manager and the Chairperson, but may also involve other Board members.

New Board members should be provided with:

• a copy of the SHAX Handbook which contains some policies and procedures that are relevant to Board Members;
• a copy of the most recent annual accounts;
• a copy of the most recent annual report;
• a copy of the memorandum and articles of association;
• a copy of the most recent business plan;
• copies of recent Board minutes;
• the SHAX organisational structure;
• a supply of travel expense forms.

New Board Members should be advised of:

• the role of the Board;
• any projects that SHAX manages;
• funding sources and arrangements.

In addition, new Board members should be shown the building layout, fire exits and facilities and should be introduced to all employees.

Follow up meetings and further induction should be offered to all new Board Members to ensure they are fully informed and comfortable with their role.

Another Board Member may act as a mentor initially if required.

New Board Members should be given the opportunity to evaluate their induction and offer suggestions for the future.

10. Media Policy10. Media Policy

Scope

This policy applies to employees, volunteers, trustees and any other representatives of SHAX.

Policy

SHAX will maximise the opportunities available through the media to raise the positive profile of the work of SHAX through press releases on new events and projects.

SHAX Board of Trustees will clarify media dealings on how media enquiries are handled, including who should speak to the media.

The Board will decide SHAX's position on any given issue, and how to disseminate this information organisation-wide and to relevant local contacts.

SHAX will speak with one voice on issues and staff, trustees and volunteers will know how to respond when approached by the press. Accordingly staff, volunteers and trustees should not talk to the media without permission and an agreed communication/briefing.

All media enquiries will be referred to the Social Enterprise Manager in the first instance. Staff should be mindful not to respond ‘no comment’ to any press requests, instead they should refer the matter on to the Social Enterprise Manager (but should not make any other comments).

EMPLOYMENT RELATED POLICIES

Policies also applying to volunteers/board members are clearly marked in the ‘Scope’ section of each policy.

11. Absence – Carers Policy

Scope

This policy applies to employees.

About this policy

The law recognises and we respect that there may be occasions when you will need to take time off work to provide or arrange care for a dependant with a long-term care need. The purpose of this policy is to set out the circumstances in which we will give employees unpaid time off work to deal with these situations. For time off for dependants to deal with unexpected events, please see our Time off for Dependants Policy.

No-one who takes time off in accordance with this policy will be subjected to any detriment.

This policy does not form part of any contract of employment or other contract to provide services, and we may amend it at any time.

Time off

You have a right to take up to one week of unpaid time off work in each rolling 12-month period to provide or arrange care for a dependant with a long-term care need.

A dependant for the purposes of this policy is:

• your spouse, civil partner, child or parent;
• a person who lives in the same household as you, but who is not your tenant, lodger, boarder or employee; or
• anyone else who reasonably relies on you to provide or arrange care for them. A dependant has a long-term care need for the purposes of this policy if:
• they have an illness or injury (whether physical or mental) that requires, or is likely to require, care for more than three months;
• they have a disability for the purposes of the Equality Act 2010; or
• they require care for a reason connected with their old age.

Amount of time off

You may take a minimum of half a working day's leave under this policy and up to a maximum of one week's leave. You do not need to take the days consecutively, provided that you take no more than the equivalent of one working week's leave in each rolling 12-month period.

If the amount of time you work varies from week to week, a week's leave will be an average of a week's work:

If you have been employed for at least a year, this will be calculated by dividing the total of the periods for which you were normally required to work during the course of a week in the previous 12 months by 52.

If you have been employed for less than a year, this will be calculated by dividing the total of the periods for which you were normally required to work during the course of a week by the number of weeks you have been employed.

Exercising the right to time off

To take leave under this policy you must give to your line manager the longer of: three days' notice or twice as many days' notice as the number of days you want to take off.

The notice must:

• specify that you are entitled to take carer's leave in accordance with paragraph 10.3 of this policy; and
• specify the days you intend to take carer's leave and if you will take a full or a half day.

If you fail to notify us as set out above, you may be subject to disciplinary proceedings under our Disciplinary Procedure for taking unauthorised time off.

In some circumstances, where the operation of the business would be disrupted if you took leave, we may need to postpone your carer's leave. If we do this, we will allow you to take the same amount of leave you have requested at a mutually convenient time within one month of the first day you requested to take leave under this policy. If this happens, we will write to you within seven days of your request to take leave, setting out the reason for the postponement and the days we have agreed you can take carer's leave.

If you take carer's leave and any other statutory leave (for example, maternity or adoption leave) consecutively, carer's leave does not count when calculating the period of time, you have been away from work in respect of your right to return to the job in which you were previously engaged.

12. Absence - Compassionate Leave Policy

Scope

This policy applies to employees.

About this policy

Compassionate leave is designed to help you cope with the death of a close relative, deal with necessary arrangements and attend their funeral. It may also be granted where a close relative is seriously or critically ill.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

(Please note that in addition to the organisation’s policy on compassionate leave, there is also statutory Parental Bereavement Leave available if your child or a child in your care has died or been stillborn after 24 weeks of pregnancy – the details for this statutory entitlement are laid out at section 11.5.)

Entitlement

You are entitled to take paid compassionate leave of up to 5 days* in any 12-month period in respect of a spouse or partner, child, stepchild, grandchild, parent, step-parent, parent-in-law, grandparent, brother or sister, stepbrother or stepsister, or brother or sister-in-law. We may exercise our discretion to grant a period of compassionate leave in respect of any other relative or close friend, depending on the circumstances of each case.

*Please note that the maximum 5 days of paid leave also includes entitlement to paid time off for dependants leave (see next policy) ie up to 5 paid days in total under both policies (in any 12-month period), not 10 paid days. This benefit is not contractual and the organisation reserves the right not to apply or, or to remove it at any time.

If you are still unable to return to work following an authorised period of compassionate leave you should contact the Social Enterprise Manager. It may be appropriate to take a period of annual leave, subject to your manager's approval, or we may at our discretion grant you further unpaid leave in those circumstances.

Requesting compassionate leave

We recognise that it may not always be possible to request compassionate leave in advance. However, where it is possible, you should make a request to your line manager. You should tell them the reasons for your request and the number of days leave you would like to take.

Where it is not possible to request leave in advance you should contact your line manager as soon as possible to tell them the reason for your absence and the number of days you expect to be absent. Someone can do this on your behalf if necessary.

In exceptional circumstances we may have to refuse a request for compassionate leave and will give you a written explanation of the reasons. If you are dissatisfied with this decision, you may make a complaint under our Grievance Procedure.

Statutory parental bereavement leave

This section sets out the arrangements for parental bereavement leave, which is a type of compassionate leave intended to help employees deal with the death of a child or a stillbirth after at least 24 weeks of pregnancy.

You are entitled to parental bereavement leave if your child or a child in your care has died or been stillborn after 24 weeks of pregnancy.

Parental bereavement leave can be one week, two consecutive weeks, or two separate weeks. It can be taken at any time during the first 56 weeks after the child's death.

Further compassionate leave may be available under our Compassionate Leave section (above) at our discretion.

Parental bereavement pay

You may qualify for statutory parental bereavement pay (SPBP) during parental bereavement leave if:

• you have at least 26 weeks' continuous employment ending on the Saturday before the child died; and
• you earn at least the lower earnings limit for class 1 national insurance contributions.

SPBP is only payable in respect of whole weeks of leave, at the same rate as statutory paternity pay. The rate is set by the government each tax year.

Leave in the first eight weeks

In the first eight weeks after a child has died, there is no need to give advance notice to take parental bereavement leave. Please notify the Social Enterprise Manager as soon as you can on the day you want your leave to start, preferably before the time you would normally start work, where possible. Someone can do this on your behalf if necessary.

If you have already started work, then your parental bereavement leave period will start on the following day.

You can cancel any planned parental bereavement leave in the first eight weeks by telling us at any time before the leave starts, and no later than the time you would normally start work on the first day of the leave period. You cannot cancel leave once it has started.

Leave after more than eight weeks

To take parental bereavement leave more than eight weeks after the child has died, please give the Social Enterprise Manager at least a week's notice.

Parental bereavement leave can be cancelled with a week's notice, and can be re-booked by giving a week's notice.

Written confirmation

We will ask you to confirm the following information in writing within 28 days of starting any period of parental bereavement leave:

• your name;
• the date the child died or was stillborn;
• the dates of paid or unpaid parental bereavement leave taken; and
• your relationship to the child.

Stillbirths, neonatal deaths, adoptions and surrogacy

Entitlement to maternity leave and pay is not affected if your child has died or been stillborn. You can take maternity leave in addition to parental bereavement leave.

If the child has died or been stillborn, adoption leave entitlement runs for another eight weeks from the end of the week in which the child died (unless it would already have ended sooner). This is in addition to your right to parental bereavement leave.

You may be entitled to paternity leave and pay as a result of the birth of a child (including a birth to a surrogate mother), or the placement of a child with you for adoption. If your child has died or been stillborn you can take paternity leave in addition to parental bereavement leave.

13. Absence – Time off for Dependants Policy

Scope

This policy applies to employees.

About this policy

The law recognises that there may be occasions when you need to take time off work to deal with unexpected events involving one of your dependants.

This time off for dependants’ policy gives all employees the right to take a reasonable amount of time off work to deal with certain situations affecting their dependants.

No-one who takes time off in accordance with this policy will be subjected to any detriment.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Reasonable unpaid time off

You have a right to take a reasonable amount of unpaid time off work when it is necessary to:

• provide assistance when a dependant falls ill, gives birth, is injured or assaulted;
• make longer-term care arrangements for a dependant who is ill or injured;
• take action required in consequence of the death of a dependant;
• deal with the unexpected disruption, termination or breakdown of arrangements for the care of a dependant (such as a child-minder falling ill); and/or
• deal with an unexpected incident involving your child while a school or another educational establishment is responsible for them.

Discretional benefit

the organisation, at its discretion, may award up to 5 days* of paid leave under this policy. *Please note that the maximum 5 days of paid leave also includes entitlement to compassionate leave (see previous policy) ie up to 5 paid days (in any 12-month period) in total under both policies, not 10 paid days. This benefit is not contractual and the organisation reserves the right not to apply or, or to remove it at any time.

A dependant for the purposes of this policy is:

• an employee's spouse, civil partner, parent or child;
• a person who lives in the same household as the employee but who is not their tenant, lodger, boarder or employee; or
• anyone else who reasonably relies on the employee to provide assistance, make arrangements or take action of the kind referred to above.

This policy applies to time off to take action which is necessary because of an immediate or unexpected crisis. This policy does not apply where you need to take planned time off or provide longer-term care for a dependant. If this is the case, you should take advice from the Social Enterprise Manager.

Whether action is considered necessary will depend on the circumstances, including nature of the problem, the closeness of the relationship between you and the dependant, and whether anyone else is available to assist. Action is unlikely to be considered necessary if you knew of a problem in advance but did not try to make alternative care arrangements.

Reasonable time off in relation to a particular problem will not normally be more than one day. However, we will always consider each set of circumstances on their facts.

Exercising the right to time off

You will only be entitled to time off under this policy if, as soon as is reasonably practicable, you tell your line manager:

• the reason for your absence; and
• how long you expect to be away from work.

If you fail to notify us as set out above, you may be subject to disciplinary proceedings under our Disciplinary Procedure for taking unauthorised time off.

We may in some cases ask you to provide evidence for your reasons for taking the time off, either in advance or on your return to work. Suspected abuse of this policy will be dealt with as a disciplinary issue under our Disciplinary Procedure.

14. Absence – Time off for Public Duties

14.1 About this policy

We wish to enable employees to perform any public duties that they may be committed to undertake and so will give them time off to do so where it does not conflict with the operational needs of our business. The purpose of this policy is to set out the circumstances in which we will permit employees time off for the performance of a public service and whether this leave is paid.

No one who requests time off under this policy will be subjected to any detriment or lose any career opportunities as a result.

This policy does not form part of any contract of employment or other contract to provide services, and we may amend it at any time.

14.2 Who does this policy apply to?

This policy applies to employees only. It does not apply to agency workers, consultants, self-employed contractors, volunteers or interns.

14.3 Jury service

You should tell your line manager as soon as you are summoned for jury service and provide a copy of your summons if requested.

Depending on the demands of our business we may request that you apply to be excused from or defer your jury service.

We are not required by law to pay you while you are absent on jury service. You will be advised at court of the expenses and loss of earnings that you can claim. However, we will pay employees on jury service the difference between normal pay and the allowance received from the court, for a maximum of one working week.

14.4 Voluntary public duties

Employees are entitled to a reasonable amount of unpaid time off work to carry out certain public duties, including duties as a tribunal member, magistrate, local councillor, member of an NHS Trust, prison visitor, police station lay visitor or school governor.

If you are unsure whether a public service that you perform is covered by this policy, you should speak to your line manager.

As soon as you are aware that you will require time off for performance of a public service you should notify your line manager in writing, providing full details of the time off that is being requested and the reasons for your request. In order that arrangements can be made to cover your duties in your absence you should make your request in good time.

Each request for time off will be considered on its merits, taking account of all the circumstances, including how much time is reasonably required for the activity, how much time you have already taken, and how your absence will affect the business.

15. Absence - Sick Leave Policy

Scope

This policy applies to employees.

About this policy

This Policy sets out our procedures for reporting lateness and sickness absence and for the management of sickness absence in a fair and consistent way.

Sickness absence can vary from short intermittent periods of ill-health to a continuous period of long-term absence and have a number of different causes (for example, injuries, recurring conditions, or a serious illness requiring lengthy treatment).

We wish to ensure that the reasons for sickness absence are understood in each case and investigated where necessary. In addition, where needed and reasonably practicable, measures will be taken to assist those who have been absent by reason of sickness to return to work.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Any information you provide to us about your health will be processed in accordance with our Data Protection Policy. We recognise that such data is sensitive and will handle it in a confidential manner.

Disabilities

We are aware that sickness absence may result from a disability. At each stage of the sickness absence meetings procedure, particular consideration will be given to whether there are reasonable adjustments that could be made to the requirements of a job or other aspects of working arrangements that will provide support at work and/or assist a return to work.

If you consider that you are affected by a disability or any medical condition which affects your ability to undertake your work, you should inform your line manager. Any information you provide will be handled in a confidential manner and proceed in accordance with our Data Protection Policy.

Sickness (and lateness) absence reporting procedure

If you are taken ill or injured while at work and wish to leave you should report to your line manager for permission to leave work.

If you cannot attend work because you are ill or injured you should telephone your line manager as early as possible and by no later than 0900 hrs on the first day of absence.

Notification must be made by telephone; it is not acceptable to send a text message or email. Only in exceptional circumstances is it acceptable for someone else to call in on your behalf (for

example if you are hospitalised). You should follow up with a personal call as soon as you are able to.

The following details should be provided:

• The nature of your illness or injury.
• The expected length of your absence from work.
• Contact details.
• Any outstanding or urgent work that requires attention.

Managers should ensure that:

• Any sickness absence that is notified to them is recorded and reported to the Social Enterprise Manager.
• Arrangements are made, where necessary, to cover work and to inform colleagues/meeting contacts if necessary (while maintaining confidentiality).

If your absence is ongoing you should phone your line manager every day unless your line manager notifies you of different reporting arrangements (eg in cases where the absence is expected to be longer term it may only be necessary for you to phone in once a week/fortnight). Your line manager may also contact you during your absence to enquire after your health and your expected return date.

Lateness

Employees who are late must personally notify their line manager at the earliest opportunity. Employees who arrive later than 20 minutes after their scheduled start time must report to their line manager prior to starting work and may, at the discretion of the manager, be sent home without pay.

Evidence of incapacity

For sickness absence of up to seven calendar days you must complete a self-certification form which is available from your line manager.

For absence of more than a week you must obtain a certificate from your doctor (a "Statement of Fitness for Work") stating that you are not fit for work and the reason(s) why. This should be forwarded to your line manager as soon as possible. If your absence continues, further medical certificates must be provided to cover the whole period of absence.

If your doctor provides a certificate stating that you "may be fit for work" you should inform your line manager immediately. We will discuss with you any additional measures that may be needed to facilitate your return to work, taking account of your doctor's advice. This may take place at a return-to-work interview. If appropriate measures cannot be taken, you will remain on sick leave and we will set a date to review the situation.

Where we are concerned about the reason for absence, or frequent short-term absence, we may require a medical certificate for each absence regardless of duration. In such circumstances, we will cover any costs incurred in obtaining such medical certificates, for absences of a week or less, on production of a doctor's invoice.

Unauthorised absence

Cases of unauthorised absence will be dealt with under our Disciplinary Procedure.

Absence that has not been notified according to the sickness absence reporting procedure will be treated as unauthorised absence.

Sick pay

Occupational sick pay

Occupational sick pay is non-contractual, discretionary and not paid as a right. We may amend or withdraw the scheme at any time. Accordingly, the organisation may, at its entire discretion, elect not to pay any salary during sickness absence, or to reduce or discontinue payments at any time during an employee's sickness absence.

In particular, the organisation reserves the right to reduce, stop or withhold payment of occupational sick pay if:

• the employee has failed to comply with the organisation's sickness absence notification and evidence requirements;
• the employee makes or produces any misleading or untrue statement or document concerning their fitness to work;
• the employee refuses to attend a medical examination at the reasonable request of the organisation;
• the employee's incapacity has been caused by participation in dangerous sports or activities, or is as a result of any other occupation the employee has;
• the employee has conducted themselves in a way that prejudices their recovery;
• the employee is abusing alcohol, drug or other substances;
• the employee has recklessly endangered the health and safety of themselves and others at work;
• the employee has given or received notice to terminate their employment; or
• investigation and/or disciplinary proceedings are pending against the employee.

Where the organisation exercises its discretion in your favour and your continuous start date is 1 July 2019 or beyond, the occupational sick pay scheme will, in normal circumstances, provide you with sick pay as follows:

• During first 3 months of service: No discretional sick pay
• More than 3 months’ service: 2 weeks’ full pay and 2 weeks’ half pay (in a 12-month rolling period, please see definition below).

Where the organisation exercises its discretion in your favour and your continuous start date is prior to 1 July 2019, the occupational sick pay scheme will, in normal circumstances, provide you with sick pay as follows:

Length of continuous service (complete years)	Occupational sick pay discretional entitlement at contractual pay, payable from Day 1 of absence
During 1st year of service	2 weeks full pay and 2 weeks half pay
During 2nd year	3 weeks full pay and 3 weeks half pay
During 3rd year	6 weeks full pay and 6 weeks half pay

During 4th year	8 weeks full pay and 8 weeks half pay
5 years and plus	10 weeks full pay and 10 weeks half pay

Occupational sick pay is inclusive of statutory sick pay (if eligible).

When assessing an employee's eligibility for sick pay, the amount of time they have had off over the previous 12 months will be taken into account (looking 12 months back from the first day of the current period of absence).

The entitlement qualifications on the first day of any period of absence will not increase during that period of absence, even if your service reached a new qualification period during this period.

If a period of sickness absence is or appears to be occasioned by actionable negligence, nuisance or breach of any statutory duty on the part of a third party, in respect of which damages are or may be recoverable, you must immediately notify your line manager of that fact and of any claim, compromise, settlement or judgment made or awarded in connection with it and all relevant particulars that we may reasonably require. If we require you to do so, you must co-operate in any related legal proceedings and refund to us that part of any damages or compensation you recover that relates to lost earnings for the period of sickness absence as we may reasonably determine, less any costs you incurred in connection with the recovery of such damages or compensation, provided that the amount to be refunded to us shall not exceed the total amount we paid to you in respect of the period of sickness absence.

On expiry of occupational sick pay, any remaining SSP will be paid (if eligible).

Statutory Sick pay

You may be entitled to Statutory Sick Pay (SSP) if you satisfy the relevant statutory requirements. Qualifying days for SSP are your normal working days as set out in your employment contract. SSP is paid in the same way as ordinary pay and is liable to tax and National Insurance contributions.

The rate of SSP is set by the government in April each year. No SSP is payable for the first three consecutive days of absence. It starts on the fourth day of absence and may be payable for up to 28 weeks (for further details please refer to Statutory Sick Pay (SSP) - GOV.UK (www.gov.uk)).

If you are not eligible for SSP or if your SSP entitlement is coming to an end we will give you a form SSP1 telling you the reasons.

Sick leave and holidays

If you become sick or injured while on annual leave such that you would be unfit for work you may ask us to treat the period of incapacity as sick leave and reclaim the annual leave.

To be able to claim occupational sick pay you must notify your manager of your incapacity immediately, and the usual requirements for medical evidence in this policy will also apply, even if you are abroad.

If you are on sick leave you may choose to cancel any pre-arranged annual leave that would otherwise coincide with your sick leave. You should notify your line manager as soon as possible that you wish to do this.

If your period of sick leave extends into the next holiday year, or if there is not enough time left in the current holiday year to make it practicable to take your remaining holiday entitlement, you can carry any unused holiday entitlement over to the following leave year [to be used within three months of your return to work]. Any annual leave not taken within 18 months of the end of the holiday year in which it accrues (whether or not you have returned to work) will be lost.

Keeping in contact during sickness absence

If you are absent on sick leave you should expect to be contacted from time to time by your line manager in order to discuss your wellbeing, expected length of continued absence from work and any of your work that requires attention. Such contact is intended to provide reassurance and will be kept to a reasonable minimum.

If you have any concerns while absent on sick leave, whether about the reason for your absence or your ability to return to work, you should feel free to contact your line manager.

Medical examinations

We may, at any time in operating this policy, require you to consent to a medical examination by our Occupational Health Provider or a doctor nominated by us (at our expense).

You will be asked to agree that any report produced in connection with any such examination may be disclosed to us and that we may discuss the contents of the report with our advisers and the relevant medical practitioner.

Return-to-work interviews

If you have been absent on sick leave, we may arrange for you to have a return-to-work interview with.

A return-to-work interview enables us to confirm the details of your absence. It also gives you the opportunity to raise any concerns or questions you may have, and to bring any relevant matters to our attention.

Where your doctor has provided a certificate stating that you "may be fit for work" we will usually hold a return-to-work interview to discuss any additional measures that may be needed to facilitate your return to work, taking account of your doctor's advice.

Returning to work from long-term sickness absence

We are committed to helping employees return to work from long-term sickness absence. As part of our sickness absence meetings procedure, we will, where appropriate and possible, support returns to work by:

• obtaining medical advice;
• making reasonable adjustments to the workplace, working practices and working hours;
• considering redeployment; and/or
• agreeing a return-to-work programme with everyone affected.

If you are unable to return to work in the longer term, we will consider whether you are entitled to any benefits under your contract and/or any insurance schemes we operate.

Sickness absence meetings procedure

We may apply this procedure whenever we consider it necessary.

Unless it is impractical to do so, we will give you at least 2 days' written notice of the date, time and place of a sickness absence meeting. We will put any concerns about your sickness absence and the basis for those concerns in writing or otherwise advise why the meeting is being called. A reasonable opportunity for you to consider this information before a meeting will be provided.

You may bring a companion with you to the meeting.

You must take all reasonable steps to attend a meeting. Failure to do so without good reason may be treated as misconduct. If you or your companion are unable to attend at the time specified you should immediately inform the person who arranged the meeting who will seek to agree an alternative time.

A meeting may be adjourned if we are awaiting receipt of information, need to gather any further information or give consideration to matters discussed at a previous meeting. You will be given a reasonable opportunity to consider any new information obtained before the meeting is reconvened.

Confirmation of any decision made at a meeting, the reasons for it, and of the right of appeal will be given to you in writing within one week of a sickness absence meeting (unless this time scale is not practicable, in which case it will be provided as soon as is practicable).

If, at any time, we consider that you have taken or are taking sickness absence when you are not unwell, we may refer matters to be dealt with under our Disciplinary Procedure.

If issues with lateness are being referred for further action this will normally be dealt with under the Disciplinary Procedure.

Right to be accompanied at meetings

You may bring a companion to any meeting or appeal meeting under this procedure.

Your companion may be either a trade union representative or a colleague. Their details must be given to the manager conducting the meeting, in good time before it takes place.

Employees are allowed reasonable time off from duties without loss of pay to act as a companion. However, they are not obliged to act as a companion and may decline a request if they so wish.

We may at our discretion permit other companions (for example, a family member) where this will help overcome particular difficulties caused by a disability, or difficulty understanding English.

A companion may make representations, ask questions, and sum up your position, but will not be allowed to answer questions on your behalf. You may confer privately with your companion at any time during a meeting.

Stage 1: first sickness absence meeting

This will follow the procedure set out in Error! Reference source not found. on the arrangements for and right to be accompanied at sickness absence meetings.

The purposes of a first sickness absence meeting may include:

• Discussing the reasons for absence.
• Where you are on long-term sickness absence, determining how long the absence is likely to last.
• Where you have been absent on a number of occasions, determining the likelihood of further absences.
• Considering whether medical advice is required.
• Considering what, if any, measures might improve your health and/or attendance.
• Agreeing a way forward, action that will be taken and a timescale for review and/or a further meeting under the sickness absence procedure.

Stage 2: further sickness absence meeting(s)

Depending on the matters discussed at the first stage of the sickness absence procedure, a further meeting or meetings may be necessary. Arrangements for meetings under the second stage of the sickness absence procedure will follow the procedure set out in Error! Reference source not found. on the arrangements for and right to be accompanied at sickness absence meetings.

The purposes of further meeting(s) may include:

• Discussing the reasons for and impact of your ongoing absence(s).
• Where you are on long-term sickness absence, discussing how long your absence is likely to last.
• Where you have been absent on a number of occasions, discussing the likelihood of further absences.
• If it has not been obtained, considering whether medical advice is required. If it has been obtained, considering the advice that has been given and whether further advice is required.
• Considering your ability to return to/remain in your job in view both of your capabilities and our business needs and any adjustments that can reasonably be made to your job to enable you to do so.
• Considering possible redeployment opportunities and whether any adjustments can reasonably be made to assist in redeploying you.
• Where you are able to return from long-term sick leave, whether to your job or a redeployed job, agreeing a return-to-work programme.
• If it is considered that you are unlikely to be able to return to work from long-term absence, whether there are any benefits for which you should be considered.
• Agreeing a way forward, action that will be taken and a timescale for review and/or a further meeting(s). This may, depending on steps we have already taken, include warning you that you are at risk of dismissal.

Stage 3: final sickness absence meeting

Where you have been warned that you are at risk of dismissal, we may invite you to a meeting under the third stage of the sickness absence procedure. Arrangements for this meeting will follow the procedure set out in Error! Reference source not found. on the arrangements for and right to be accompanied at sickness absence meetings.

The purposes of the meeting will be:

• To review the meetings that have taken place and matters discussed with you.
• Where you remain on long-term sickness absence, to consider whether there have been any changes since the last meeting under stage two of the procedure, either as regards your possible return to work or opportunities for return or redeployment.
• To consider any further matters that you wish to raise.
• To consider whether there is a reasonable likelihood of you returning to work or achieving the desired level of attendance in a reasonable time.
• To consider the possible termination of your employment.

Termination will normally be with full notice or payment in lieu of notice.

Appeals

You may appeal against the outcome of any stage of this procedure and you may bring a companion to an appeal meeting (see 13.13.1).

An appeal should be made in writing, stating the full grounds of appeal, to your line manager or the person stated within your outcome letter within one week of the date on which the decision was sent to you.

Unless it is not practicable, you will be given written notice of an appeal meeting within one week of the meeting. In cases of dismissal the appeal will be held as soon as possible. Any new matters raised in an appeal may delay an appeal meeting if further investigation is required.

You will be provided with written details of any new information which comes to light before an appeal meeting. You will also be given a reasonable opportunity to consider this information before the meeting.

Where practicable, an appeal meeting will be conducted by a manager senior to the individual who conducted the sickness absence meeting.

Depending on the circumstances, an appeal meeting may be a complete rehearing of the matter or a review of the original decision.

The final decision will be confirmed in writing, if possible, within one week of the appeal meeting. There will be no further right of appeal.

The date that any dismissal takes effect will not be delayed pending the outcome of an appeal. However, if the appeal is successful, the decision to dismiss will be revoked with no loss of continuity or pay.

16. Annual Leave Policy

Scope

This section applies to employees.

Introduction

This policy sets out our arrangements for staff wishing to take annual leave/holidays.

This policy does not form part of any employee's contract of employment and we may amend it at any time. We may also vary the policy as appropriate in any case.

Annual leave entitlement

The annual leave year runs from 1 April to 31 March. If employment starts or finishes part way through the annual leave year, entitlement during that year shall be calculated on a pro-rata basis rounded up to the nearest half day.

Employees with less than 5 years’ service who work 5 days per week are entitled to 23 days of annual leave per year (referred to as ‘floating’ days) plus 8 public holidays (referred to as ‘fixed’ days).

Employees with 5 years or more service who work 5 days per week are entitled to 28 days of annual leave per year (referred to as ‘floating’ days) plus 8 public holidays (referred to as ‘fixed’ days).

For employees who work less than 5 days per week floating and fixed annual leave entitlement will be added together then pro-rated. Employees will be required to set aside sufficient days to take fixed holidays if they fall part of their normal working pattern. In the event that an employee has insufficient entitlement to do this (this may for example be the case with a recent new start towards the end of the holiday year) they may seek agreement from the Social Enterprise Manager to take unpaid leave or re-arrange their normal working week to accommodate this.

For ease of administration, annual leave entitlement may be converted into hours.

For the avoidance of doubt, the first four weeks of the leave you take in any holiday year shall be deemed to be the leave derived from regulation 13 of the Working Time Regulations 1998 (SI 1998/1833) and the remainder shall be deemed to be derived from regulation 13A of those regulations. Currently, the law states that regulation 13 leave shall be paid at the rate of "normal remuneration" whereas regulation 13A leave may be paid at the rate of your basic salary only.

Fixed days

The recognised fixed days are currently:

• Good Friday
• Easter Monday
• Spring Bank (usually the last Monday in May)
• August Bank Holiday (usually the first Monday in August)
• Christmas Day
• Boxing Day
• New Year’s Day
• 2nd January

If any of these dates fall on a weekend, a substitute weekday allocated by the organisation becomes the holiday. The organisation reserves the right to change fixed holidays to suit operational requirements.

Carry-over of annual leave

Except as set out in this policy, annual leave entitlement must be taken during the annual leave year in which it accrues. Any annual leave not taken by the end of the annul leave year will be lost and employees will not receive any payment in lieu.

Unused annual leave can only be carried over to another annual leave year:

• in cases involving sickness absence as set out below;
• in cases of maternity, paternity, adoption, parental or shared parental leave, as set out below;
• in any other case where the Social Enterprise Manager has given permission in writing, limited to no more than one week and to be taken in the first three months of the next leave year; and
• if otherwise required by law.

Taking annual leave

All leave must be approved in advance by the employee’s line manager, who has the right to delay annual leave (but only at the time the request is made) if they feel that the leave will prevent SHAX’s work from being carried out. Employees are required to submit their leave request as far in advance as possible.

We may require you to take (or not to take) holiday on particular dates, including when the organisation is closed, particularly busy, or during your notice period.

Sickness during periods of annual leave

If an employee is sick or injured during annual leave and would have been incapable of work, they may choose to treat the period of incapacity as sick leave and reclaim the affected days of annual leave.

Employees already on sick leave before a pre-arranged period of annual leave may choose to cancel any days of holiday that coincide with the period of incapacity and treat them as sick leave. If this is the case, employees must comply with normal absence reporting procedures – such requests will not be dealt with retrospectively.

Occupational sick pay will only be paid for such days if there is remaining entitlement and if you comply with our Sickness Absence Policy, including notifying your manager immediately of your incapacity and obtaining medical evidence, even if you are abroad.

Dishonest claims or other abuse of this policy will be treated as misconduct under our disciplinary procedure.

Long-term sickness absence and holiday entitlement

Annual leave entitlement continues to accrue during periods of sick leave.

If you are on a period of sick leave which spans two annual leave years, or if you return to work after sick leave so close to the end of the annual leave year that you cannot reasonably take your remaining annual leave, you may carry over unused annual leave to the following leave year.

Carry over under this rule is limited to the four-week minimum holiday entitlement under EU law (which includes bank/fixed holidays), less any leave taken during the annual leave year that has just ended. If you have taken four weeks' annual leave by the end of the annual leave year, you will not be allowed to carry anything over under this rule. If you have taken less than four weeks, the remainder may be carried over under this rule. For example, a full-time employee who has taken two weeks' annual leave plus two bank holidays before starting long-term sick leave can only carry over one week and three days.

Any annual leave that is carried over under this rule but is not taken within 18 months of the end of the annual leave year in which it accrued will be lost.

Alternatively, you can choose to take your paid annual leave during your sick leave, in which case you will be paid at your normal rate.

Family leave and holiday entitlement

Annual leave entitlement continues to accrue during periods of maternity, paternity, adoption, parental or shared parental leave (referred to collectively in this policy as family leave).

If you are planning a period of family leave that is likely to last beyond the end of the annual leave year, you should discuss your plans with your manager in good time before starting your family leave. Any annual leave entitlement for the year that cannot reasonably be taken before starting your family leave can be carried over to the next annual leave year and should be taken immediately before returning to work or within three months of returning to work after the family leave.

Arrangements on termination of employment

On termination of employment employees may be required to use any remaining annual leave entitlement during their notice period. Alternatively, they will be paid in lieu of any accrued but untaken annual leave entitlement for the current holiday year to date, plus any annual leave permitted to be carried over from previous years under this policy or as required by law.

17. Anti-Harassment and Bullying Policy

Scope

This policy applies to employees. It is also relevant to volunteers, trustees and any other representatives of SHAX.

About this policy

SHAX is committed to providing a working environment free from harassment and bullying and ensuring all staff are treated, and treat others, with dignity and respect.

This policy covers harassment or bullying which occurs at work and out of the workplace, such as on business trips or at work-related events or social functions. It covers bullying and harassment by staff (which may include consultants, contractors, volunteers and agency workers) and also by third parties such as customers, clients, suppliers or visitors to our premises.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

What is harassment?

Harassment is any unwanted physical, verbal or non-verbal conduct that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A single incident can amount to harassment.

It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.

Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. Harassment is unacceptable even if it does not fall within any of these categories.

Harassment may include, for example:

• unwanted physical conduct or "horseplay", including touching, pinching, pushing and grabbing;
• unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless);
• offensive e-mails, text messages or social media content;
• mocking, mimicking or belittling a person's disability.
• A person may be harassed even if they were not the intended "target". For example, a person may be harassed by racist jokes about a different ethnic group if the jokes create an offensive environment.

What is bullying?

Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority, but can include both personal strength and the power to coerce through fear or intimidation.

Bullying can take the form of physical, verbal and non-verbal conduct. Bullying may include, by way of example:

• physical or psychological threats;
• overbearing and intimidating levels of supervision;
• inappropriate derogatory remarks about someone's performance;

Legitimate, reasonable and constructive criticism of a worker's performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.

If you are being harassed or bullied

If you are being harassed or bullied, consider whether you feel able to raise the problem informally with the person responsible. You should explain clearly to them that their behaviour is not welcome or makes you uncomfortable. If this is too difficult or embarrassing, you should speak to the Social Enterprise Manager or a member of the Board, who can provide confidential advice and assistance in resolving the issue formally or informally.

If informal steps are not appropriate, or have not been successful, you should raise the matter formally under our Grievance Procedure.

We will investigate complaints in a timely and confidential manner. The investigation will be conducted by someone with appropriate experience and no prior involvement in the complaint, where possible. Details of the investigation and the names of the person making the complaint and the person accused must only be disclosed on a "need to know" basis. We will consider whether any steps are necessary to manage any ongoing relationship between you and the person accused during the investigation.

Once the investigation is complete, we will inform you of our decision. If we consider you have been harassed or bullied by an employee the matter will be dealt with under the Disciplinary Procedure as a case of possible misconduct or gross misconduct. If the harasser or bully is a third party such as a customer/client or other visitor, we will consider what action would be appropriate to deal with the problem. Whether or not your complaint is upheld, we will consider how best to manage any ongoing working relationship between you and the person concerned.

Protection and support for those involved

Staff who make complaints or who participate in good faith in any investigation must not suffer any form of retaliation or victimisation as a result. Anyone found to have retaliated against or

victimised someone in this way will be subject to disciplinary action under our Disciplinary Procedure.

Record-keeping

Information about a complaint by or about an employee may be placed on the employee's personnel file, along with a record of the outcome and of any notes or other documents compiled during the process. These will be processed in accordance with our Data Protection Policy.

18. Confidentiality Policy

Scope

This policy applies to employees, volunteers and trustees.

Introduction

SHAX recognises that employees, volunteers and trustees gain information about individuals and organisations during the course of their work or activities. In most cases such information will not be stated as confidential and colleagues may have to exercise common sense and discretion in identifying whether information is expected to be confidential. This policy aims to give guidance but if in doubt, advice should be sought from the Social Enterprise Manager.

SHAX understands its obligations under Data Protection laws and will put in place necessary policies and processes in order to comply with those obligations. This policy should be read in conjunction with the Data Protection Policy.

All employees, volunteers, trustees and anyone else with access to our data must respect the need for confidentiality of information held about anyone who comes into contact with the charity, and about any charity or associated business. This is expected to continue even when contact has ceased with this person, and when the employee, volunteer or Trustee no longer works for SHAX.

Application of the Policy

All information, whether confidential or not, can be shared with the Social Enterprise Manager.

Employees should not exchange information they have gained professionally with anyone in a social setting.

Information will only be passed to another agency or to other individuals outside of the charity with the consent of the individual, where possible this will be with written consent. If a member of staff or volunteer intends to get information from another agency to help the individual or to refer them to another agency then this must be explained to the individual and their permission given.

Under no circumstances should details of a customer/client be discussed by anyone outside of the organisation or in an open plan area in such a manner that it is possible to identify the client.

Anyone finding material they suspect may be confidential, which is either unlabelled or badly labelled, should report this to the Social Enterprise Manager immediately.

Staff and volunteers should take due care and attention when speaking to customers and using the telephone etc. No customer should be able to hear a conversation or personal details about another customer.

Confidential Data

Confidential data includes but is not limited to:

• Information about the organisation, for example, its plans or finances;
• Information about other organisations;
• Information about individuals, for example, customers (including sales and payment information), volunteers and staff (including but not limited to: full names, contact details, date of birth, bank details, national insurance numbers, medical details, criminal records history, information about ethnicity, sexual orientation, disabilities etc – for example information gathered for equal opportunities monitoring).

Access to information stored

Information is kept confidential within SHAX and can be passed to employees and the Board where relevant.

Information that is confidential should have access restricted to the employee who obtained it and their direct superiors. If written down it should be clearly marked confidential, with the names of who is permitted to view it, and should be stored suitably, this includes computerised files.

Any individual or organisation about whom SHAX holds information is entitled to see any information kept on them. Please refer to the Data Protection Policy/Privacy Notice for further details.

When photocopying or viewing confidential documents on a computer, employees should ensure that no one passing views their content.

Storage of Material

Information about volunteers and individuals should be kept in a filing cabinet with access only given to the employee responsible for the records and their line manager. It should be kept locked at all times.

Employees’ personnel files should be kept by the Social Enterprise Manager in a locked filing cabinet with access given to the Chair should they require it.

Files and filing cabinet drawers containing confidential material should be clearly marked as confidential, and say who has access to them.

The Chair may authorise other employees to view any files in emergency situations.

Any confidential material that needs to be destroyed as it has expired must be done securely by either shredding or burning. The person responsible for this must ensure that this is done correctly.

Confidential material stored on computers and other electronic equipment must be treated with the same care as if it was on paper. Any confidential files should be password protected.

When deleting electronic confidential material, care should be taken to ensure that all copies of it are removed, including the recycle bin.

Duty to Disclose information

There is a legal duty to disclose certain information. This includes:

• Information relating to child abuse should be reported to the police;
• In some situations, referrals will need to be made to Disclosure Scotland (please refer to PVG / Safeguarding policy);
• Any activities considered a criminal offence should be reported to the police, for example drug trafficking and money laundering;
• If an employee suspects a colleague of taking part in an illegal act, or that they may harm themselves; this should be reported to the Chair who should inform the police. Unless in extreme and urgent situations, reporting must go via the Social Enterprise Manager and the Chair, ie the employee should not contact the police themselves;
• Any disclosures of this type must be reported to the Chair at the soonest possible time;
• In cases of disclosure the Social Enterprise Manager will make a decision about whether the individual concerned should be informed of the disclosure.

Data Protection

Please refer to the separate Data Protection Policy.

Breaches of Confidentiality

If any employee feels dissatisfied by the conduct or action of their colleagues or the SHAX they should raise this with their line manager using the grievance policy.

Employees should not discuss work related dissatisfaction outside of SHAX.

Colleagues deliberately accessing confidential files and information that they are not authorised to will face disciplinary action.

Former employees breaching confidentiality will face legal action.

19. Data Protection Policy

Scope

This section applies to the personal data of job applicants and current or former employees, volunteers and trustees, referred to as HR-related personal data. This policy does not apply to the personal data of customers, clients or other personal data processed for business purposes.

About this policy

The organisation is committed to being transparent about how it collects and uses the personal data of its workforce, and to meeting its data protection obligations. This policy sets out the organisation's commitment to data protection, and individual rights and obligations in relation to personal data.

The organisation has appointed the Social Enterprise Manager as the person with responsibility for data protection compliance within the organisation.

Definitions

"Personal data" is any information that relates to a living individual who can be identified from that information. Processing is any use that is made of data, including collecting, storing, amending, disclosing or destroying it.

"Special categories of personal data" means information about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and genetic and biometric data.

"Criminal records data" means information about an individual's criminal convictions and offences, and information relating to criminal allegations and proceedings.

Data protection principles

The organisation processes HR-related personal data in accordance with the following data protection principles:

• The organisation processes personal data lawfully, fairly and in a transparent manner.
• The organisation collects personal data only for specified, explicit and legitimate purposes.
• The organisation processes personal data only where it is adequate, relevant and limited to what is necessary for the purposes of processing.
• The organisation keeps accurate personal data and takes all reasonable steps to ensure that inaccurate personal data is rectified or deleted without delay.
• The organisation keeps personal data only for the period necessary for processing.
• The organisation adopts appropriate measures to make sure that personal data is secure, and protected against unauthorised or unlawful processing, and accidental loss, destruction or damage.

The organisation tells individuals the reasons for processing their personal data, how it uses such data and the legal basis for processing in its privacy statements. It will not process personal data of individuals for other reasons. HR-related data will not be shared with third parties, except as set out in privacy statements. Where the organisation relies on its legitimate interests as the basis for processing data, it will carry out an assessment to ensure that those interests are not overridden by the rights and freedoms of individuals.

Where the organisation processes special categories of personal data or criminal records data to perform obligations or to exercise rights in employment law, this is done in accordance with our sub-policy on special categories of data and criminal records data at the end of this section.

The organisation will update HR-related personal data promptly if an individual advises that their information has changed or is inaccurate.

Personal data gathered during the employment or volunteer relationship is held in the individual's personnel file (in hard copy or electronic format, or both), and on HR systems. The periods for which the organisation holds HR-related personal data are contained in its privacy statements to individuals.

The organisation keeps a record of its processing activities in respect of HR-related personal data in accordance with the requirements of the UK General Data Protection Regulation (UK GDPR).

Individual rights

As a data subject, individuals have a number of rights in relation to their personal data.

Subject access requests

Individuals have the right to make a subject access request. If an individual makes a subject access request, the organisation will tell them:

• whether or not their data is processed and if so why, the categories of personal data concerned and the source of the data if it is not collected from the individual;
• to whom their data is or may be disclosed, including to recipients located outside the UK and the safeguards that apply to such transfers;
• for how long their personal data is stored (or how that period is decided);
• their rights to rectification or erasure of data, or to restrict or object to processing;
• their right to complain to the Information Commissioner if he/she thinks the organisation has failed to comply with their data protection rights; and
• whether or not the organisation carries out automated decision-making and the logic involved in any such decision-making.

The organisation will also provide the individual with a copy of the personal data undergoing processing. This will normally be in electronic form if the individual has made a request electronically, unless he/she agrees otherwise.

If the individual wants additional copies, the organisation will charge a fee, which will be based on the administrative cost to the organisation of providing the additional copies.

To make a subject access request, the individual should send the request to the Social Enterprise Manager. In some cases, the organisation may need to ask for proof of identification before the request can be processed. The organisation will inform the individual if it needs to verify their identity and the documents it requires.

The organisation will normally respond to a request within a period of one month from the date it is received. In some cases, such as where the organisation processes large amounts of the individual's data, it may respond within three months of the date the request is received. The organisation will write to the individual within one month of receiving the original request to tell them if this is the case.

If a subject access request is manifestly unfounded or excessive, the organisation is not obliged to comply with it. Alternatively, the organisation can agree to respond but will charge a fee, which will be based on the administrative cost of responding to the request. A subject access request is likely to be manifestly unfounded or excessive where it repeats a request to which the organisation has already responded. If an individual submits a request that is unfounded or excessive, the organisation will notify them that this is the case and whether or not it will respond to it.

Other rights

Individuals have a number of other rights in relation to their personal data. They can require the organisation to:

• rectify inaccurate data;
• stop processing or erase data that is no longer necessary for the purposes of processing;
• stop processing or erase data if the individual's interests override the organisation's legitimate grounds for processing data (where the organisation relies on its legitimate interests as a reason for processing data);
• stop processing or erase data if processing is unlawful; and
• stop processing data for a period if data is inaccurate or if there is a dispute about whether or not the individual's interests override the organisation's legitimate grounds for processing data.

To ask the organisation to take any of these steps, the individual should send the request to the Social Enterprise Manager.

Data security

The organisation takes the security of HR-related personal data seriously. The organisation has internal controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.

Where the organisation engages third parties to process personal data on its behalf, such parties do so on the basis of written instructions, are under a duty of confidentiality and are obliged to implement appropriate technical and organisational measures to ensure the security of data.

International data transfers

The organisation will not transfer HR-related personal data to countries outside the UK.

Individual responsibilities

Individuals are responsible for helping the organisation keep their personal data up to date. Individuals should let the organisation know if data provided to the organisation changes, for example if an individual moves house or changes their bank details.

Individuals may have access to the personal data of other individuals and of our customers/clients in the course of their employment or volunteer period. Where this is the case, the organisation relies on individuals to help meet its data protection obligations to staff and to customers.

Individuals who have access to personal data are required:

• to access only data that they have authority to access and only for authorised purposes;
• not to disclose data except to individuals (whether inside or outside the organisation) who have appropriate authorisation;
• to keep data secure (for example by complying with rules on access to premises, computer access, including password protection, and secure file storage and destruction);
• not to remove personal data, or devices containing or that can be used to access personal data, from the organisation's premises without adopting appropriate security measures (such as encryption or password protection) to secure the data and the device;
• not to store personal data on local drives or on personal devices that are used for work purposes; and
• to report data breaches of which they become aware to the Social Enterprise Manager immediately.

Failing to observe these requirements may amount to a disciplinary offence, which will be dealt with under the organisation's disciplinary procedure. Significant or deliberate breaches of this policy, such as accessing employee or customer data without authorisation or a legitimate reason to do so, may constitute gross misconduct and could lead to dismissal without notice.

Special categories of personal data and criminal records data

Overview

Under the General Data Protection Regulation (GDPR) and Data Protection Act 2018, additional protections for job applicants, employees and other data subjects apply if an employer is processing "special categories" of personal data and criminal records data. One of these protections is a requirement to have an appropriate policy document in place. This policy sets out the organisation's approach to processing special category personal data and criminal records data.

Definitions

"Special category personal data" means information about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation and genetic or biometric data.

"Criminal records data" means information about an individual's criminal convictions and offences, and information relating to criminal allegations and proceedings.

Why the organisation processes special category personal data and criminal records data

The organisation processes special category personal data and criminal records data for the following purposes.

Equal opportunities monitoring

Data related to racial and ethnic origin, religious and philosophical beliefs, health (including information on whether or not an individual has a disability) and sexual orientation are processed for equal opportunities monitoring purposes.

Health

Data related to health (including information on whether or not an individual has a disability) is processed to:

• ensure that the organisation is complying with its health and safety obligations;
• assess whether or not an employee is fit for work;
• carry out appropriate capability procedures if an employee is not fit for work;
• ensure that an employee receives sick pay or other benefits to which he/she may be entitled under their contract of employment or other policies; and
• allow the organisation to comply with its duties under the Equality Act 2010 for individuals with a disability.

Racial or ethnic origin

Data related to data subjects' nationality is processed to ensure that the organisation is complying with its obligations to check that they are entitled to work in the UK.

Criminal records data

Criminal records data is processed as part of recruitment processes and, where necessary, in the course of employment to verify that candidates are suitable for employment or continued employment and to comply with legal and regulatory obligations to which the organisation is subject.

Compliance with data protection principles

The organisation processes special category personal data and criminal records data for the purposes outlined above and in compliance with the following legal conditions for processing.

Legal basis for processing	Special category personal data/criminal records data processing condition
Equal opportunities data
Processing is in the organisation's legitimate interests. These interests are not outweighed by the interests of data subjects.	Processing is necessary for monitoring equality of opportunity or treatment, as permitted by the Data Protection Act 2018.
Health data
Processing is necessary for compliance with legal obligations (e.g. assessing an employee's fitness for work, complying with health and safety obligations, carrying out capability procedures and complying with Equality Act 2010 duties).	Processing is necessary for the purposes of performing or exercising obligations or rights imposed by law in connection with employment.
Processing is necessary for the performance of a contract and/or complying with legal obligations (eg administering sick pay and other benefits).	Processing is necessary for the purposes of performing or exercising obligations or rights imposed by law in connection with employment.
Racial or ethnic origin data
Processing is necessary for compliance with legal obligations (eg checking job applicants' and employees' right to work in the UK).	Processing is necessary for the purposes of performing or exercising obligations or rights imposed by law in connection with employment.
Criminal records data
Processing is necessary for compliance with legal obligations (ie the organisation's legal requirement to carry out criminal records checks on those working with children or vulnerable adults).	Processing is necessary for the purposes of performing or exercising obligations or rights imposed by law in connection with employment.

The organisation explains to data subjects how special category personal data and criminal records data is used when it collects the data. This information is set out in the organisation's privacy statements.

The organisation does not use the data for any other purpose. The organisation will not do anything unlawful with personal data.

As far as possible, information required for equal opportunities monitoring purposes is kept in an anonymised form. Monitoring forms are kept under review to ensure that the information collected is accurate and not excessive.

Criminal records checks are carried out only for individuals undertaking roles where the organisation is under a legal obligation or regulatory requirement to perform such checks.

The organisation takes reasonable steps to ensure that the personal data that it holds is accurate. Special category personal data and criminal records data is obtained:

• directly from job applicants, employees and other data subjects; or
• from external sources that the organisation is entitled to assume will provide accurate information, such as the Disclosure Scotland service in the case of criminal records data, or medical professionals in the case of health data.

The organisation will erase or rectify inaccurate data that it holds without delay in accordance with our data protection policy if an individual notifies it that their personal data has changed or is otherwise inaccurate, or if it is otherwise found to be inaccurate.

The organisation retains and processes special category personal data for the duration of an individual's employment.

The periods for which special category personal data is retained after the end of employment are as follows:

• Equal opportunities data is kept for a period of six months after which data is anonymised so that individuals can no longer be identified.
• Racial or ethnic origin data is kept for a period of three years.
• Health data is normally kept for a period of seven years unless statutory requirements mean that the organisation must keep records for longer than that.

The organisation does not retain criminal records data after the commencement of employment, although it will retain a note on individual personnel files indicating that a satisfactory criminal records check was completed prior to the commencement of employment, this may for example, be in the form of a PVG/Disclosure Scotland certificate.

At the end of the relevant retention period, the organisation erases or securely destroys special category personal data and criminal records data.

The organisation takes the security of special category personal data and criminal records data seriously. The organisation has internal controls in place to protect personal data against loss, accidental destruction, misuse or disclosure, and to ensure that data is not accessed, except by employees in the proper performance of their duties.

20. Disciplinary and Capability Policy

Scope

This policy applies to employees.

Introduction

This procedure is intended to help maintain standards of conduct and performance and to ensure fairness and consistency when dealing with allegations of misconduct or poor performance.

Minor conduct or performance issues can usually be resolved informally with your line manager. This procedure sets out formal steps to be taken if the matter is more serious or cannot be resolved informally.

This policy does not form part of any employee's contract of employment. It may be amended at any time and we may depart from it depending on the circumstances of any case.

Investigations

Before any disciplinary hearing is held, the matter will be investigated. Any meetings and discussions as part of an investigation are solely for the purpose of fact-finding and no disciplinary action will be taken without a disciplinary hearing.

Suspension

In some cases of alleged misconduct, we may need to suspend the employee from work while we carry out the investigation or disciplinary procedure (or both). While suspended, employees should not visit our premises or contact any of our customers, clients, suppliers, contractors, staff or other business contacts, unless authorised to do so. Suspension is not considered to be disciplinary action.

The hearing

We will give written notice of the hearing, including sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare. Employees will normally be given copies of relevant documents and witness statements.

Employees may be accompanied at the hearing by a trade union representative or a colleague, (a colleague will be allowed reasonable paid time off to act as the employee’s companion).

The employee should let us know as early as possible if there are any relevant witnesses they would like to attend the hearing or any documents or other evidence they wish to be considered.

We will inform the employee in writing of our decision, usually within one week of the hearing.

Disciplinary action and dismissal

The usual penalties for misconduct or poor performance are:

First written warning. Where there are no other active written warnings, the employee will usually receive a first written warning. It will usually remain active for six months.

Final written warning. In case of further misconduct or failure to improve where there is an active first written warning on record, the employee will usually receive a final written warning. This may also be used without a first written warning for serious cases of misconduct or poor performance. The warning will usually remain active for 12 months.

Dismissal or other action. The employee may be dismissed for further misconduct or failure to improve where there is an active final written warning on record, or for any act of gross misconduct. Examples of gross misconduct are given below. You may also be dismissed without a warning for any act of misconduct or unsatisfactory performance during your probationary period.

We may consider other sanctions short of dismissal, including demotion or redeployment to another role (where permitted by the employee’s contract or express agreement), and/or extension of a final written warning with a further review period.

Appeals

Following the issuing of a formal warning, the employee (or former employee) may appeal in writing within one week of being told of the decision.

The appeal hearing will, where possible, be held by someone other than the person who held the original hearing. The employee may bring a SHAX colleague or trade union representative with them to the appeal hearing.

We will inform the employee in writing of our final decision as soon as possible, usually within one week of the appeal hearing. There is no further right of appeal.

Misconduct

The following are examples of matters that will normally be regarded as misconduct and will be dealt with under the Disciplinary Procedure:

• Minor breaches of our policies including but not limited to our Health and Safety Policy, PPE Policy and Data Protection Policy;
• Minor breaches of contract;
• Damage to, or unauthorised use of, our property;
• Failure to report damage to property or equipment;
• Poor timekeeping;
• Time wasting;
• Unauthorised absence from work;
• Refusal to follow instructions;
• Use of our telephones for personal calls;
• Use of telephones, mobile/smart phones, computers etc for personal use during working time (usage permitted during designated break times);
• Obscene language or other offensive behaviour;
• Negligence in the performance of your duties; or
• Smoking (including use of e-cigarettes) in non designated smoking areas; This list is intended as a guide and is not exhaustive.

Gross misconduct

Gross misconduct will usually result in dismissal without warning, with no notice or payment in lieu of notice (summary dismissal).

The following are examples of matters that are normally regarded as gross misconduct:

• theft or fraud;
• physical violence or bullying;
• deliberate and serious damage to property;
• serious misuse of the organisation's property or name;
• deliberately accessing internet sites containing pornographic, offensive or obscene material;
• serious insubordination;
• unlawful discrimination or harassment;
• bringing the organisation into serious disrepute;
• serious incapability at work brought on by alcohol or illegal drugs;
• causing loss, damage or injury through serious negligence;
• a serious breach of health and safety rules;
• a serious breach of confidence.

This list is intended as a guide and is not exhaustive.

21. Equality Outcome Statement

Introduction

SHAX is committed to being an equal opportunities employer and service provider. Its policy is to take every reasonable step to ensure that no-one connected to SHAX receives less favourable treatment than others on the grounds of the protected characteristics of age; disability; gender reassignment; marriage or civil partnership status; pregnancy or maternity; race; colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. This statement sets out our approach in line with the Equality Act 2010 (the ‘Act’).

The Board is responsible for formal monitoring and development of equal opportunities; the Social Enterprise Manager is responsible for day to day monitoring and implementation and all employees are expected to play a proactive role in discharging their duties in line with the Act and the equality culture that SHAX expects.

In addition, SHAX will co-operate with those groups locally and nationally who are seeking to achieve these ends and will take positive action to encourage others to undertake similar initiatives based on a declaration of intent. We recognise our responsibilities and the benefits of equality for all.

Equal opportunities statement

We will:

• Treat all people with dignity and respect.
• Make our services, facilities and resources accessible and responsive to all people.
• Support healthy fulfilling lives in our community.
• Work in partnership and be responsive to the emerging needs of our community.
• Promote a culture of fair treatment for all.
• Be fair, reasonable and just in meeting all our responsibilities.
• Show zero tolerance to discrimination, victimisation, harassment and bullying.
• Be a good employer and make reasonable adjustments in the workplace when needed.
• Ensure staff are diversity aware.

We will hold ourselves to account through:

• Feedback from our volunteers, clients and customers through regular surveys and comments about SHAX
• Informal feedback or more formal approaches from employees.

22. Equal Opportunities Policy

Scope

This policy applies to employees, volunteers and trustees.

Equal opportunities statement

Please refer to our separate ‘Equality outcome statement’ above.

About this policy

This policy sets out our approach to equal opportunities and the avoidance of discrimination at work. It applies to all aspects of employment with us, including recruitment, pay and conditions, training, appraisals, promotion, conduct at work, disciplinary and grievance procedures, and termination of employment.

The Board is responsible for formal monitoring and development of equal opportunities; the Social Enterprise Manager is responsible for day to day monitoring and implementation and all employees are expected to play a proactive role in discharging their duties in line with the Act and the equality culture that SHAX expects.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Discrimination

You must not unlawfully discriminate against or harass other people including current and former employees, job applicants, clients, customers, suppliers and visitors. This applies in the workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts or when wearing a work uniform), and on work-related trips or events including social events.

The following forms of discrimination are prohibited under this policy and are unlawful:

• Direct discrimination: treating someone less favourably because of a Protected Characteristic. For example, rejecting a job applicant because of their religious views or because they might be gay.
• Indirect discrimination: a provision, criterion or practice that applies to everyone but adversely affects people with a particular Protected Characteristic more than others, and is not justified. For example, requiring a job to be done full-time rather than part-time would adversely affect women because they generally have greater childcare commitments than men. Such a requirement would be discriminatory unless it can be justified.
• Harassment: this includes sexual harassment and other unwanted conduct related to a Protected Characteristic, which has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is dealt with further in our Anti-harassment and Bullying Policy.
• Victimisation: retaliation against someone who has complained or has supported someone else's complaint about discrimination or harassment.
• Disability discrimination: this includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.

Recruitment and selection

Recruitment, promotion and other selection exercises such as redundancy selection will be conducted on the basis of merit, against objective criteria that avoid discrimination. Shortlisting should be done by more than one person if possible.

Vacancies should generally be advertised to a diverse section of the labour market. Advertisements should avoid stereotyping or using wording that may discourage particular groups from applying.

Job applicants should not be asked questions which might suggest an intention to discriminate on grounds of a Protected Characteristic. For example, applicants should not be asked whether they are pregnant or planning to have children.

Job applicants should not be asked about health or disability before a job offer is made, except in the very limited circumstances allowed by law: for example, to check that the applicant could perform an intrinsic part of the job (taking account of any reasonable adjustments), or to see if any adjustments might be needed at interview because of a disability. Where necessary, job offers can be made conditional on a satisfactory medical check. Health or disability questions may be included in equal opportunities monitoring forms, which must not be used for selection or decision- making purposes.

Termination of employment

We will ensure that redundancy criteria and procedures are fair and objective and are not directly or indirectly discriminatory.

We will also ensure that disciplinary procedures and penalties are applied without discrimination, whether they result in disciplinary warnings, dismissal or other disciplinary action.

Disabilities

If you are disabled or become disabled, we encourage you to tell us about your condition so that we can consider what reasonable adjustments or support may be appropriate.

Part-time and fixed-term work

Part-time and fixed-term employees should be treated the same as comparable full-time or permanent employees and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate), unless different treatment is justified.

Breaches of this policy

We take a strict approach to breaches of this policy, which will be dealt with in accordance with our Disciplinary Procedure. Serious cases of deliberate discrimination may amount to gross misconduct resulting in dismissal.

If you believe that you have suffered discrimination you can raise the matter through our Grievance Procedure or Anti-harassment and Bullying Policy. Complaints will be treated in confidence and investigated as appropriate.

You must not be victimised or retaliated against for complaining about discrimination. However, making a false allegation deliberately and in bad faith will be treated as misconduct and dealt with under our Disciplinary Procedure.

23. Family Friendly Policies

If you require details of maternity, paternity, shared parental or parental leave and pay, which are provided in line with statutory entitlement, please refer to www.gov.uk or contact the Social Enterprise Manager.

24. Family – Neonatal Care Policy

24.1. About this policy

The purpose of this policy is to set out the arrangements for neonatal care leave, which is intended to help employees whose baby requires specialist neonatal care after birth.

This policy does not form part of any contract of employment or other contract to provide services, and we may amend it at any time.

24.2. Who does this policy apply to?

This policy applies to employees only. It does not apply to agency workers, consultants, self-employed contractors, volunteers or interns.

24.3. Neonatal care

Neonatal care is medical care of a child that starts within 28 days of birth. This covers any hospital treatment, including treatment in a special care baby unit (SCBU), local neonatal unit (LNU) or neonatal intensive care unit (NICU), as well as treatment in a maternity home, clinic or hospital outpatient department. It also includes ongoing monitoring and home visits from healthcare professionals directed by a consultant and arranged by the hospital where the child was an inpatient. It can include palliative or end of life care.

24.4. Entitlement to neonatal care leave

Neonatal care leave (NCL) is available once a child has received neonatal care for an uninterrupted period of seven days, not counting the day on which the neonatal care starts. Each uninterrupted week of neonatal care is a qualifying week. Part weeks are not included.

In adoption cases, a qualifying week only includes time spent in neonatal care after the date the child was placed with you or, for adoption from overseas, after the date the child entered the UK.

You are entitled to one week of NCL for each qualifying week of neonatal care, up to a maximum of 12 weeks.

24.5. Eligibility for neonatal care leave

You may be eligible for neonatal care leave if you are:

The child's parent;

Their intended parent under a surrogacy arrangement;

Their adopter or prospective adopter via a UK adoption agency or an adoption from overseas;

The partner of any of the above at the date of birth or (in the case of adoptions) at the date of placement by a UK adoption agency or the date the child entered the UK if adopting from overseas;

and you have or expect to have responsibility for the child's upbringing (or, if you are the partner of the child's mother, the main responsibility apart from any responsibility of the mother).

24.6. Taking neonatal care leave

NCL cannot be taken during the waiting period which is the first week of neonatal care. In many cases you may already be on maternity, paternity, adoption, or shared parental leave during the waiting period. If not, please talk to your manager if you need time off, which may be available as paid holiday or unpaid time off for dependents (see our Time Off for Dependents Policy).

NCL can be taken any time after the waiting period, up to 68 weeks after the date of birth.

The rules for taking NCL depend on whether NCL is being taken in a Tier 1 period or a Tier 2 period. The rules are more flexible during a Tier 1 period.

The Tier 1 period starts after the waiting period and lasts until seven days after neonatal care has ended. If you want to start NCL during a Tier 1 period:

Please notify your manager on or before the day you want to start your NCL. If you are giving notice on the day, this should be before the time you are due to start work. If you have already started work, you will start NCL on the following day. You may be able to take the rest of the day off under our Time Off for Dependants Policy where necessary.

You must tell your manager the child's date of birth, the date neonatal care started and, if it has ended, the date it ended. You must give all the information required under paragraph 8 in writing within 28 days of the start of NCL.

You can take NCL in one continuous period or split into multiple periods of one or more whole weeks.

Where you intend to remain on NCL for more than one week, please notify your manager as soon as possible and in any case by the start of each subsequent week of NCL.

The Tier 2 period lasts from the end of the Tier 1 period until 68 weeks after the date of birth. If you want to start NCL during a Tier 2 period:

You must give 15 days' notice to take one week of NCL, or 28 days' notice to take two or more weeks of NCL.

The notice must be in writing and must contain the information set out at paragraph 8.

NCL must be taken as one continuous period of a whole number of weeks.

If your child is discharged from neonatal care, but neonatal care starts again within the first 28 days after birth for a further qualifying week or more, the Tier 1 period will resume until 7 days after neonatal care ends.

Where neonatal care is ongoing when you give the notice required by paragraph 7.4 or paragraph 7.5, please notify your line manager once the neonatal care ends. If your child starts to receive neonatal care again, please notify your line manager of the start and end dates of the further period of neonatal care as soon as possible in each case.

24.7. Written information required

You must provide the following information in writing:

Your name.

Your child's date of birth.

In UK adoption cases, the date of placement, or in overseas adoption cases, the date your child entered Great Britain.

The start and end dates (if known) of any period(s) of neonatal care.

The date the period of NCL started or will start.

The number of weeks of NCL you intend to take or have taken.

A declaration that the purpose of the NCL is to care for your child.

24.8. Cancelling NCL in the Tier 2 period

You can cancel any future weeks of NCL, or return early from NCL by telling us at least [one week] in advance. Shorter notice may be accepted if your manager agrees. However, you cannot return to work part-way through a week of NCL, as it must be taken in whole weeks.

24.9. Neonatal care pay

You may qualify for statutory neonatal care pay (SNCP) during NCL if your average earnings are not less than the lower earnings limit set by the government each tax year, and you have at least 26 weeks' continuous employment by the end of the relevant week, which is:

the 15th week before the expected week of childbirth (in birth and surrogacy cases);

the week in which the adoption agency or local authority notified you of a match (in UK adoption cases); or

the week before the neonatal care starts (in any other case).

You will already meet these criteria if you have qualified for statutory maternity pay (SMP), statutory paternity pay (SPP), statutory adoption pay (SAP) or Statutory Shared Parental Pay (ShPP).

SNCP is only payable in respect of whole weeks of NCL, at the same rate as statutory paternity pay. The rate is set by the government each tax year.

24.10. Interaction with other family leave

Taking NCL does not affect your entitlement to other family leave and pay, such as maternity leave and pay, adoption leave and pay, paternity leave and pay, shared parental leave and pay or parental leave.

If you are taking maternity, adoption, paternity, parental or shared parental leave at the time your child starts neonatal care, you can take your NCL after that leave ends. You must give the relevant period of notice and written information set out above.

If your NCL is interrupted by the start of another pre-booked period of statutory family leave (such as paternity leave, parental leave or shared parental leave) then the interrupted NCL period will resume straight away after the other leave, provided you are still in the Tier 1 period (that is, if neonatal care is still ongoing or has ended within the last week). If you are now in a Tier 2 period (that is, the neonatal care ended more than a week ago) the remainder of the interrupted NCL must be added onto any further period of NCL that you are intending to take.

When booking a period of NCL in the Tier 2 period you must ensure it will not be interrupted by the start of another period of family leave that you have booked.

25. Flexible Working Policy

About this policy

This flexible working policy gives eligible employees an opportunity to request a change to their working pattern.

We will deal with flexible working requests in a reasonable manner and within a reasonable time. In any event, the time between making a request and notifying you of a final decision (including the outcome of any appeal) will be less than two months unless we have agreed a longer period with you.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Eligibility

To be eligible to make a flexible working request, you must:

be an employee;

not have made two flexible working requests during the last 12 months (which includes requests that have been withdrawn); and

not make a request to work flexibly if a request you made previously has not been concluded.

What is a flexible working request?

A flexible working request under this policy means a request to do any or all of the following:

• to reduce or vary your working hours;
• to reduce or vary the days or times you work; or
• to work from a different location (for example, from home).

Making a flexible working request

Your flexible working request should be submitted to us in writing and dated. It should:

• state that it is a flexible working request;
• explain the change being requested and propose a start date; and
• state whether you have made any previous flexible working requests.

Meeting

We will arrange a meeting at a convenient time and place to discuss your request. You may be accompanied at the meeting by a colleague of your choice or trade union representative. They will be entitled to speak and confer privately with you, but may not answer questions on your behalf.

We may decide to grant your request in full without a meeting, in which case we will write to you with our decision.

Decision

We will inform you in writing of our decision as soon as possible after the meeting.

If your request is accepted, we will write to you with details of the new working arrangements and the date on which they will commence. You will be asked to sign and return a copy of the letter.

If we cannot immediately accept your request we may require you to undertake a trial period before reaching a final decision on your request.

Unless otherwise agreed, changes to your terms of employment will be permanent. We may reject your request for one or more of the following business reasons:

• the burden of additional costs;
• detrimental effect on ability to meet customer demand;
• inability to reorganise work among existing staff;
• inability to recruit additional staff;
• detrimental impact on quality;
• detrimental impact on performance;
• insufficiency of work during the periods that you propose to work; or
• planned structural changes.

If we are unable to agree to your request, we will write to tell you which of those reasons applies in your case. We will also set out the appeal procedure.

Appeal

You may appeal in writing within 14 days of receiving our written decision. This includes a decision following a trial period.

Your appeal must be dated and must set out the grounds on which you are appealing.

We will hold a meeting with you to discuss your appeal. You may bring a colleague to the meeting.

We will tell you in writing of our final decision as soon as possible after the appeal meeting, including reasons. There is no further right of appeal.

26. Grievance Policy

Scope

This policy applies to employees.

About this policy

It is our policy to ensure that all employees have access to a procedure to help deal with any grievances relating to their employment fairly and without unreasonable delay. We aim to investigate any formal grievance you raise, hold a meeting to discuss it with you, inform you in writing of the outcome, and give you a right of appeal if you are not satisfied.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Using this procedure

Issues that could cause grievances may include:

• terms and conditions of employment;
• health and safety;
• work relations;
• bullying and harassment;
• new working practices;
• working environment;
• organisational change; and
• discrimination.

This Grievance Procedure should not be used to complain about dismissal or disciplinary action. If you are dissatisfied with any disciplinary action, you should submit an appeal under the appropriate procedure.

We have a separate Anti-harassment and Bullying Policy that may be useful if you have been the victim of bullying or harassment or wish to report an incident of bullying or harassment involving other people.

We operate a separate Whistleblowing Policy to enable employees to report illegal activities, wrongdoing or malpractice. However, where you are directly affected by the matter in question, or where you feel you have been victimised for an act of whistleblowing, you may raise the matter under this Grievance Procedure.

If you have difficulty at any stage of the Grievance Procedure because of a disability or because English is not your first language, you should discuss the situation with your line manager as soon as possible.

Written grievances will be placed on your personnel file along with a record of any decisions taken and any notes or other documents compiled during the grievance process. These will be processed in accordance with our Data Protection Policy.

Raising grievances informally

Most grievances can be resolved quickly and informally through discussion with your line manager. If you feel unable to speak to your manager, for example, because the complaint concerns him or her, then you should speak informally to a more senior manager. If this does not resolve the issue, you should follow the formal procedure below.

Formal written grievances

If your grievance cannot be resolved informally you should put it in writing and submit it to your line manager indicating that it is a formal grievance. If the grievance concerns your line manager, you may submit it to the Social Enterprise Manager instead (or if about the Social Enterprise Manager, to the Chairperson of the Board of Trustees).

The written grievance should contain a brief description of the nature of your complaint, including any relevant facts, dates, and names of individuals involved. In some situations we may ask you to provide further information.

Investigations

It may be necessary for us to carry out an investigation into your grievance. The amount of any investigation required will depend on the nature of the allegations and will vary from case to case. It may involve interviewing and taking statements from you and any witnesses, and/or reviewing relevant documents.

You must co-operate fully and promptly in any investigation. This may include informing us of the names of any relevant witnesses, disclosing any relevant documents to us and attending interviews, as part of our investigation.

We may initiate an investigation before holding a grievance meeting where we consider this appropriate. In other cases we may hold a grievance meeting before deciding what investigation (if any) to carry out. In those cases we will hold a further grievance meeting with you after our investigation and before we reach a decision.

Right to be accompanied

You may bring a companion to any grievance meeting or appeal meeting under this procedure. The companion may be either a trade union representative or a colleague. You must tell the person holding the grievance meeting who your chosen companion is, in good time before the meeting.

At the meeting, your companion may make representations to us and ask questions, but should not answer questions on your behalf. You may talk privately with them at any time during the meeting.

Acting as a companion is voluntary and your colleagues are under no obligation to do so. If they agree to do so they will be allowed reasonable time off from duties without loss of pay to act as a companion.

If your chosen companion is unavailable at the time a meeting is scheduled and will not be available for more than five working days afterwards, we may ask you to choose someone else.

We may, at our discretion, allow you to bring a companion who is not a colleague or union representative if this will help overcome a disability, or if you have difficulty understanding English.

Grievance meetings

We will arrange a grievance meeting, normally within one week of receiving your written grievance.

You and your companion (if any) should make every effort to attend grievance meetings. If you or your companion cannot attend at the time specified, you should inform us immediately and we will try, within reason, to agree an alternative time.

The purpose of a grievance meeting is to enable you to explain your grievance and how you think it should be resolved, and to assist us to reach a decision based on the available evidence and the representations you have made.

After an initial grievance meeting we may carry out further investigations and hold further grievance meetings as we consider appropriate. Such meetings will be arranged without unreasonable delay.

We will write to you, usually within one week of the final grievance meeting, to inform you of the outcome of your grievance and any further action that we intend to take to resolve the grievance. We will also remind you of your right of appeal. Where appropriate we may hold a meeting to give you this information in person.

Appeals

If the grievance has not been resolved to your satisfaction you may appeal in writing to your line manager or the person stated in the outcome letter, stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.

We will hold an appeal meeting, normally within one week of receiving your written appeal. This will be dealt with impartially by a manager or other representative who has not previously been involved in the case (although they may ask anyone previously involved to be present). You have a right to bring a companion to the meeting (see paragraph 23.7).

We will confirm our final decision in writing, usually within one week of the appeal hearing. This is the end of the procedure and there is no further appeal.

27. Health and Safety Policy

About this policy

This policy sets out our arrangements for ensuring we meet our health and safety obligations to staff and anyone visiting our premises or affected by our work.

The Social Enterprise Manager has overall responsibility for health and safety and the operation of this policy.

This policy does not form part of any employee's contract of employment and we may amend it at any time. We will continue to review this policy to ensure it is achieving its aims.

Your responsibilities

All staff share responsibility for achieving safe working conditions. You must take care of your own health and safety and that of others, observe applicable safety rules and follow instructions for the safe use of equipment.

You should report any health and safety concerns immediately to your line manager or the Social Enterprise Manager.

You must co-operate with managers on health and safety matters, including the investigation of any incident.

Failure to comply with this policy may be treated as misconduct and dealt with under our Disciplinary Procedure.

Information and consultation

Where appropriate, we will inform and consult directly with all staff regarding health and safety matters.

Training

We will ensure that you are given adequate training and supervision to perform your work competently and safely.

Staff will be given a health and safety induction and provided with appropriate safety training, including manual handling, asbestos awareness, electrical safety and the use of personal protective equipment (PPE).

Equipment

You must use equipment in accordance with any instructions given to you. Any equipment fault or damage must immediately be reported to your line manager. Do not attempt to repair equipment unless trained to do so.

Accidents and first aid

Details of first aid facilities and the names of trained first aiders are displayed on the notice boards.

All accidents and injuries at work, however minor, should be reported to the Sales & Warehouse Supervisor and recorded in the Accident Book which is kept in the filing cabinet in the Social Enterprise Manager’s office.

Fire safety

All staff should familiarise themselves with the fire safety instructions, which are displayed on notice boards and near fire exits in the workplace.

If you hear a fire alarm, leave the building immediately by the nearest fire exit and go to the fire assembly point at the bus stop directly opposite the main entrance to the warehouse.

Fire drills will be held at least every 6 months and must be taken seriously. We also carry out regular fire risk assessments and regular checks of fire extinguishers, fire alarms, escape routes and emergency lighting.

Risk assessments and measures to control risk

We carry out general workplace risk assessments periodically. The purpose is to assess the risks to health and safety of employees, visitors and other third parties as a result of our activities, and to identify any measures that need to be taken to control those risks.

Computers and display screen equipment

If you use a computer screen or other display screen equipment (DSE) as a significant part of your work, you are entitled to a DSE assessment and regular eyesight tests by an optician.

Further information on workstation assessments, eye tests and the use of DSE can be obtained from the Social Enterprise Manager.

Temperature

In office workplaces a minimum temperature of 160C must be maintained. Efforts will be made so far as is reasonably practical to ensure the office temperature does not rise to an uncomfortable level. A thermometer will be provided in such a position as to be easily seen.

In our warehouse, staff will be provided with a high viz fleece jackets if temperatures are low.

Stress Management

Please refer to our separate Stress Management policy.

28. Home Working (occasional) Policy

Scope

This policy applies to employees.

Introduction

It is recognised that there may be occasions when it makes sense for an employee to work from home. A common cause of home working (for an employee who is normally office based) will be when an opportunity to work undisturbed would be helpful or when an employee is attending meetings away from the office and it makes more sense to travel from home, and this results in available working time before and/or after the meeting.

In all cases, employees must request permission from the Social Enterprise Manager before working from home. In the case of the Social Enterprise Manager working from home, permission must be sought from the Chair of the Board.

Principles for decision making

Managers will consider requests with priority given to business and customer needs. Customer service levels or business requirements must not be jeopardised.

Use of personal resources

There will be no recompense to the employee for the use of personal resources (eg home phone if used/broadband/electricity etc) to enable home working to be undertaken.

Health & safety

Employees must ensure that their home working environment is compliant under Health & Safety with particular respect to the Health & Safety (Display Screen Equipment) Regulations 1992. The employee is responsible for ensuring appropriate risk assessments are conducted in this respect.

Confidentiality

It is recognised that in order to work from home effectively, employees may be required to remove documents from their normal place of work and remotely access information electronically. Employees are responsible for ensuring that the confidentiality of customers, clients, members of the public, other members of staff, volunteers and SHAX itself is not breached in any way and that their conduct is consistent with the provisions of the Data Protection Policy and Terms & Conditions of Employment. Sensitive documents and data must be returned to the normal place of work at the earliest possible opportunity after use.

Staff must confirm that where equipment or documents are removed from the office, they will be stored in such a way as to protect them from theft or unauthorised access. For example, this will include:

• Ensuring equipment and documents etc are stored in a locked boot whilst in transit, and not leaving them in vehicle overnight
• Using password protection to prevent unauthorised access to information
• Ensuring equipment and documents etc are stored in a locked room or drawer whilst at home

Remaining contactable

It is essential that employees remain contactable when they are working from home.

‘Out of office’ email responses should not be used, as the employee should be able to respond in the same way as if they were working from the office. The employee’s electronic calendar should be clearly marked for all SHAX employees to see and a contact number should be inserted. Eg: “Working from home. Tel: xxxxx”

Agreement

If you are working under a home working arrangement you agree to:

• have a suitable working environment at your remote working location that enables you to carry out your role effectively;
• continue to work the hours required by your contract of employment;
• work independently, motivate yourself and use your own initiative;
• manage your workload effectively and complete work to set deadlines;
• identify and resolve any new pressures created by working from a remote working location;
• adapt to new working practices, including maintaining contact with your line manager and colleagues at work;
• determine any resulting tax and insurance implications for yourself;
• make arrangements for the care of any children or other dependants when you are working from your remote working location; and
• finance any travel and/or related expenses incurred when travelling to and from your remote working location and your allocated SHAX workplace.

Other practical considerations

If the employee owns the house through a mortgage, they should check with the lender that there are no issues regarding homeworking. They should also check with the insurer that any equipment etc will be covered by household insurance. If it is not, then they must inform the Social Enterprise Manager so that proper arrangements can be made. If the employee does not inform SHAX then should thefts occur, the employee may be held personally liable for replacing any stolen or damaged equipment.

29. Induction and Probationary Policy (Employees) 29. Induction and Probationary Policy (Employees)

Scope

This policy applies to employees.

Introduction

When new staff are appointed to SHAX, or when staff are transferred to a new position, they will go through an induction period.

SHAX is committed to ensuring that employees feel comfortable in the post from the beginning.

Given the size of the organisation, in addition to the Social Enterprise Manager, it is anticipated that other employees will also have a role to play in the induction process.

Aims of the Policy

• To ensure that the new employee has all the information they need to work in the operation safely.
• To ensure that other employees are aware of the new employee and what support they may need.
• To ensure that all policies and procedures are followed.
• To ensure that the new employee feels comfortable in their new environment and has the opportunity to ask questions at any time.
• To provide the employee with the best possible start and to help them become productive as quickly as possible.
• To ensure that the employee’s knowledge of SHAX is as good as it can be as quickly as possible.
• To boost confidence and improve work quality and confidence.
• To review progress, performance and behaviour early on in the employment relationship and deal with any issues that may arise in a timely manner.
• To assess whether the selection of the candidate made through recruitment was right for both SHAX and the employee.

Induction

New employees should receive an induction to the job which will include going through the duties expected of them as well as the relevant paperwork required by the job.

Before the employee starts employment they should receive either a letter/email or a phone call from their line manager telling them:

• Time, place and contact for first day;
• Parking arrangements;
• What type of clothing is appropriate;
• Any security arrangements necessary;
• Details of catering and drinks facilities nearby;
• Details of all documents they need to bring with them (e.g. ID, or P45, bank details etc);
• An outline of roughly what is going to happen.

The initial induction should be provided by the employee’s line manager, but should also involve all people in the office they are going to be working with.

Employees should be provided with a Handbook with information about the policies for the office, a way of entering the office if appropriate, and any forms that need to be completed.

Employees should be shown the building layout, fire routes and facilities. All staff should be introduced to new employees.

Follow up meetings and further induction should be offered to all employees after working for a few weeks to ensure that the employee is happy and confident that they know all they need to.

Probation

A probationary period is intended to allow both the employee and the employee's line manager to assess objectively whether or not the employee is suitable for the role. The organisation believes that the use of probationary periods increases the likelihood that new employees will perform effectively in their employment.

The line manager is responsible for ensuring that all new employees are properly monitored during their probationary period. If any problems arise, the line manager should address these promptly. This will ensure that the employee is aware that some aspect of their performance or conduct is unsatisfactory and prevent the problem from escalating.

The probationary period will be stated in the employee’s Terms and Conditions of Employment.

The organisation reserves the right to extend an employee's period of probation at its discretion. This will be limited to one extension and the total period of probation will be no longer than 6 months. An extension may be implemented in circumstances where the employee's performance during probation has not been entirely satisfactory but it is thought likely that an extension to the probationary period may lead to an improvement, or where the employee or line manager has been absent from the workplace for an extended period during probation.

If an extension to the probationary period is agreed, the organisation will confirm the terms of the extension in writing to the employee, including:

• the length of the extension and the date on which the extended period of probation will end;
• the reason for the extension and, if the reason is unsatisfactory performance, details of how and why performance has fallen short of the required standards;
• the performance standards or objectives that the employee is required to achieve by the end of the extended period of probation;
• any support, for example further training, that will be provided during the extended period of probation; and
• a statement that, if the employee does not meet fully the required standards by the end of the extended period of probation, their employment will be terminated.

If, during an employee's probation, it is suspected or established that the employee does not have the qualifications, experience or knowledge that he/she claimed to have at the time of recruitment, the matter will be discussed with the employee to establish the facts. If the evidence suggests that the employee misrepresented their abilities in any way, the organisation will terminate the employment. If the employee is an existing employee who has been transferred or promoted into a different role, the organisation's normal capability/dismissal procedure must be followed in full.

At the end of the probationary period, the line manager should conduct a final review of the employee's performance and suitability for the job. This will involve a meeting with the employee to discuss their performance and progress throughout the period of probation. The review must be conducted on or shortly before the date on which the employee's probationary period comes to an end.

If an employee's performance while on probation has been unsatisfactory and it is thought unlikely that further training or support would lead to a satisfactory level of improvement, the employment will be terminated at the end of the period of probation. In some circumstances, if there are serious concerns about performance or behaviour, it may be appropriate to terminate the probationary period prior to the scheduled end date.

30. Information & Communication Technology Policy

Scope

This section applies to employees, volunteers, trustees and any other users of our IT and phone systems.

About this policy

Our IT and communications systems are intended to promote effective communication and working practices. This policy outlines the standards you must observe when using these systems, when we will monitor their use, and the action we will take if you breach these standards.

Breach of this policy may be dealt with under our Disciplinary Procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Equipment security and passwords

You are responsible for the security of the equipment allocated to or used by you, and you must not allow it to be used by anyone other than in accordance with this policy.

You should use passwords on all IT equipment, particularly items that you take out of the office. You should keep your passwords confidential and change them regularly.

You must only log on to our systems using your own username and password. You must not use another person's username and password or allow anyone else to log on using your username and password.

If you are away from your desk you should log out or lock your computer. You must log out and shut down your computer at the end of each working day.

Systems and data security

You should not delete, destroy or modify existing systems, programs, information or data (except as authorised in the proper performance of your duties).

You must not download or install software from external sources without authorisation from the Social Enterprise Manager. Downloading unauthorised software may interfere with our systems and may introduce viruses or other malware.

You must not attach any device or equipment including mobile phones, tablet computers or USB storage devices to our systems without authorisation from the Social Enterprise Manager.

We monitor all e-mails passing through our system for viruses. You should exercise particular caution when opening unsolicited e-mails from unknown sources. If an e-mail looks suspicious do not reply to it, open any attachments or click any links in it.

Inform the Social Enterprise Manager immediately if you suspect your computer may have a virus.

E-mail

Adopt a professional tone and observe appropriate etiquette when communicating with third parties by e-mail. You should also include our standard e-mail signature.

Remember that e-mails (even internal only ones) can be used in legal proceedings and that even deleted e-mails may remain on the system and be capable of being retrieved.

You must not send abusive, obscene, discriminatory, racist, harassing, derogatory, defamatory, pornographic or otherwise inappropriate e-mails.

You should not:

• send or receive personal emails using your work email address;
• send or forward chain mail, junk mail, cartoons, jokes or gossip;
• contribute to system congestion by sending trivial messages or unnecessarily copying or forwarding e-mails to others who do not have a real need to receive them;
• send messages from another person's e-mail address (unless authorised) or under an assumed name;
• arrange for any personal goods ordered on the Internet to be delivered to a SHAX address or order them in SHAX's name.

Do not use your own personal e-mail account to send or receive e-mail for the purposes of our business. Only use the e-mail account we have provided for you.

We do not permit access to web-based personal e-mail such as Gmail or Hotmail on our computer systems at any time due to additional security risks.

Employees should not attach any files to an email that may contain a virus as SHAX could be liable to the recipient for any loss suffered. SHAX has virus checking in place but, if in doubt, employees should check with the Social Enterprise Manager.

In order to avoid inappropriate and possible unlawful disclosure of confidential information, employees should exercise particular care not to copy emails to all those copied into the original message to which they are replying. Also be wary when forwarding an email, as previous email history may be displayed that is not intended for forwarding.

Using the internet

Internet access is provided primarily for business purposes. Occasional personal use may be permitted as set out below.

You should not access any web page or download any image or other file from the internet which could be regarded as illegal, offensive, in bad taste or immoral. Even web content that is legal in

the UK may be in sufficient bad taste to fall within this prohibition. As a general rule, if any person (whether intended to view the page or not) might be offended by the contents of a page, or if the fact that our software has accessed the page or file might be a source of embarrassment if made public, then viewing it will be a breach of this policy.

SHAX encourages employees to become familiar with the internet and does not currently impose any time limitation on work-related internet use. It trusts employees not to abuse the latitude given to them, but if this trust is abused it reserves the right to alter the policy in this respect.

We may block or restrict access to some websites at our discretion.

Many sites that could be useful for SHAX require registration. Employees wishing to register as a user of a website for work purposes are encouraged to do so. However, they should ask the Social Enterprise Manager before doing this.

Some websites require SHAX to enter into licence or contract terms. The terms should be printed off and sent for approval in advance or e-mailed to the Social Enterprise Manager before an employee agrees to them on SHAX's behalf. In most cases, there will be no objection to the terms and it is recognised that the free information provided by the website in question may save SHAX money. Employees should, however, always consider whether the information is from a reputable source and is likely to be accurate and kept up to date, as most such contract terms will exclude liability for accuracy of free information.

Personal use of our systems

We permit the incidental use of our systems to browse the internet and make personal telephone calls subject to certain conditions. Personal use is a privilege and not a right. It must not be overused or abused. We may withdraw permission for it at any time or restrict access at our discretion.

Personal use must meet the following conditions:

• it must be minimal and take place exclusively outside of normal working hours (that is, during your lunch break, and before or after work);
• it must not affect your work or interfere with the business;
• it must not commit us to any marginal costs; and
• it must comply with our policies including the Equal Opportunities Policy, Anti-harassment and Bullying Policy, Data Protection Policy and Disciplinary Procedure.

Monitoring

We reserve the right to monitor telephone, e-mail, voicemail, internet and other communications. For business reasons, and in order to carry out legal obligations in our role as an employer, your use of our systems including the telephone and computer systems (including any personal use) may be continually monitored by automated software or otherwise.

We reserve the right to retrieve the contents of e-mail messages or check internet usage (including pages visited and searches made) as reasonably necessary in the interests of the business, including for the following purposes (this list is not exhaustive):

• to monitor whether the use of the e-mail system or the internet is legitimate and in accordance with this policy;
• to find lost messages or to retrieve messages lost due to computer failure;
• to assist in the investigation of alleged wrongdoing; or
• to comply with any legal obligation.

Prohibited use of our systems

Misuse or excessive personal use of our telephone or e-mail system or inappropriate internet use will be dealt with under our Disciplinary Procedure. Misuse of the internet can in some cases be a criminal offence.

Creating, viewing, accessing, transmitting or downloading any of the following material will usually amount to gross misconduct (this list is not exhaustive):

• pornographic material (that is, writing, pictures, films and video clips of a sexually explicit or arousing nature);
• offensive, obscene, or criminal material or material which is liable to cause embarrassment to us or to our customers/clients;
• a false and defamatory statement about any person or organisation;
• material which is discriminatory, offensive, derogatory or may cause embarrassment to others (including material which breaches our Equal Opportunities Policy or our Anti- harassment and Bullying Policy);
• confidential information about us or any of our staff or customers/clients (except as authorised in the proper performance of your duties);
• unauthorised software;
• any other statement which is likely to create any criminal or civil liability (for you or us); or
• music or video files or other material in breach of copyright.

Social Media

Please refer to the separate Social Media Policy.

31. Lone Workers Policy

Scope

This section applies to employees. Volunteers will not be required to work on their own.

Introduction

SHAX has a responsibility to ensure the safe working of its staff in line with the Management of Health and Safety at Work Regulations 1992 (updated 2002).

Some of the roles in SHAX will involve working alone and travelling alone often to places they are unfamiliar with as part of their jobs.

Employees also have an obligation to adhere to the policy, and use their own common sense and initiative in addition to it.

Aims of the Policy

• Any employee working alone is aware of the dangers they might face and is equipped to deal with them.
• Adequate support is given to employees doing lone work.
• To provide an emergency procedure to be used if employees do not return following a period of lone working.

Application of the Policy

All employees/volunteers should make sure that they are familiar with this policy and must put it into practice in their work.

The Social Enterprise Manager will ensure that:

• lone working is avoided as far as is reasonably practicable;
• emergency procedures are in place so that members of staff working alone can obtain assistance if required;
• a risk assessment is completed by a person competent to do so prior to employees working alone;
• any employee working alone is capable of undertaking the work alone;
• arrangements are in place so that someone else is aware of a lone worker's whereabouts at all times;
• persons working alone are provided with adequate information, instruction and training to understand the hazards and risks and the safe working procedures associated with working alone;
• training records are kept; and
• ensure that individuals' personal data, including information about their health, collected during lone working assessments is handled in accordance with the organisation's Data Protection Policy..

The person conducting the lone working assessment will:

• give consideration to the greater risks to expectant mothers, young persons and other potentially vulnerable people;
• involve the employee who is working alone in the assessment process and the development of safe working methods;
• advise the employee undertaking the lone working of the findings of the assessment; and
• ensure that individuals' personal data, including information about their health, collected during lone working assessments is handled in accordance with the organisation's data protection policy / policy on processing special categories of personal data.

Employees working alone will:

• follow the safe working arrangements developed by the organisation for lone working;
• take reasonable steps to ensure their own safety; and
• inform the Social Enterprise Manager of any incidents or safety concerns.

Lone working arrangements

Outside visits

Employees making home or outside visits, that is, visits to offices or other organisations, or personal properties, should consider whether there are any risks to the visit and, where necessary, make provision to reduce the risk. This can be done by:

• Taking another employee or volunteer known to them with them;
• Carrying a personal attack alarm (provided by the organisation);
• Carrying a mobile phone.

For visits requiring lone work, employees must inform a colleague of the visit and agree on a time when emergency procedures should be initiated.

Travelling by car

Employees should make sure that someone in the office knows their plans. Employees should ensure that their mobile phone is charged and turned on.

Please note that using mobile phones whilst driving is illegal and can result in criminal proceeding, so employees should not do this.

Lifts should not be given to strangers.

Car doors should be kept locked where possible to avoid people forcing themselves into your vehicle when stationary.

Working alone in the office/warehouse

Internal doors should be kept shut and where possible locked unless visitors are expected. When using toilet facilities, external doors should be locked.

Access to telephones must be maintained at all times. Escape route should be kept clear in case or emergency.

When meeting with someone employees should ensure that they are between the visitor and the escape routes.

A friend/colleague should always know that you are there and can initiate emergency procedures when necessary.

Employees have the right to refuse entry to anyone that does not have an appointment or that they feel uncomfortable with.

Working with under-18s

When working with under-18’s employees should follow the Protection of Vulnerable People Policy.

When contact cannot be made with the lone worker

SHAX has an emergency procedure for dealing with times when an employee has been working alone, or making a visit somewhere and has not confirmed that they have left the visit. This consists of:

• The nominated friend/colleague trying to contact the employee, in case they have forgotten to make contact.
• Someone from the office trying to contact the person the employee was visiting.
• Contacting the Social Enterprise Manager and the police when contact cannot be made.

Training

Any employee whose work involves outside visits or working alone in a public place will receive training so that they understand the nature of potential danger and agreed procedure for dealing with it. Training will be ongoing and relevant to the type of work undertaken by the employee.

Problems caused by lone working

Any problems experienced whilst working alone should be reported to the Social Enterprise Manager as soon as possible and for extreme cases (including where the police are involved) should be reported to the Chairperson (by the Social Enterprise Manager) as soon as is reasonably possible.

All employees are entitled to any support they require when working alone, including counselling.

Breaches of this policy

Breaches of this policy by any employee will be dealt with under our Disciplinary Procedure.

32. Performance and Development Reviews

Scope

This policy applies to employees.

Introduction

SHAX will hold regular individual reviews with employees on a regular basis in order to:

• ensure that employees are aware of the vision and values of SHAX and understand how they contribute to these;
• ensure that employees fully understand their job role, required standards and expectations;
• review previous performance, motivate and help direct employees to achieve good levels of performance;
• identify the learning and development needs of individual employees in relation to the needs of SHAX and when appropriate, taking into consideration the individual’s ambitions
• identify any hidden talents of individual employees and highlight any weaknesses that might exist in SHAX;
• obtain more structured feedback from the employee in relation to their employment and how they are managed.

Application of the policy

Full Individual Reviews with each employee will take place once per annum.

Individual Reviews will take the form of a discussion between individual employees and their line manager; both parties will take responsibility to come to the review prepared.

Employees will be asked to complete an ‘Individual Review Preparation Form’ – this will be given to the employee two working weeks prior to the date of the review and should be brought, completed to the Review.

Staff Development

The learning and development needs of all employees are assessed as soon as possible after commencing employment and reviewed as part of the Performance & Development Review and through business planning.

Mandatory training is provided where required for a post and particularly in relation to statutory requirements.

To assist employees in the performance of their duties a variety of learning and development experiences may be used, such as learning from colleagues, team meetings, in-house sessions, project work, external training etc. Where is it not possible to provide training for non-critical skills and knowledge this will be explained to the employee.

The impact of the expected outcomes of development training on both the employee and SHAX should be considered.

Suitable induction training should be provided for all employees starting a new job following the Induction Policy.

Management skills for supporting people should be suitably maintained.

Regular reviews and evaluations of development activities should be made and improvements made where necessary.

33. Protecting Vulnerable People (Safeguarding)Policy 33. Protecting Vulnerable People (Safeguarding)Policy

Scope

This section applies to employees and volunteers

Introduction

This policy outlines SHAX’s commitment to the support and protection of adults and children at risk of harm. It also sets out the approach we will take when recruiting employees (and volunteers where applicable) to posts working with children/protected adults.

Safeguarding means protecting people’s health, well-being and human rights by enabling them to live free from harm and abuse. We will seek to prevent harm or abuse with a culture of openness.

We will work in partnership with local authorities, regulators, and other professionals and comply with all statutory requirements and procedures for managing alerts. SHAX is a member of the Protection of Vulnerable People Scheme and this policy applies to regulated work with children/vulnerable adults as defined in the Protection of Vulnerable Groups (Scotland) Act 2007. For the purpose of this policy, PVG Scheme Records, PVG Scheme Record Updates, Standard and Enhanced disclosures will be referred to as Disclosure Records.

SHAX will ensure that all staff and mentor volunteers involved in recruitment, training and supervision, are aware of this policy and have received appropriate training and support to ensure its full implementation.

Selection

We will ensure our staff and mentor volunteers are carefully selected, screened, trained and supervised.

Applicants/mentor volunteers* who are selected at interview to work with SHAX will complete this process (*where applicable - this is applicable where a volunteer is not a child or a protected adult themselves and is designated a “mentor volunteer”):

• Selected applicants to staff roles and mentor volunteer roles will be asked to provide at least two references and these will always be taken up prior to confirmation of an appointment.
• The successful applicant/mentor volunteer will be asked to complete a self-declaration form prior to the Disclosure Record being accessed.

Screening

The successful applicant will be asked to complete an Enhanced Disclosure Record prior to taking up the post.

Training

The successful applicant will receive induction training, which will give an overview of the organisation to ensure they know its purpose, values, services and structure. Relevant training and support will be provided on an ongoing basis and will cover information about their role, and opportunities for practicing skills needed for work. Training on specific areas such as health and safety procedures, identifying and reporting abuse, and confidentiality will be given as a priority to new staff and mentor volunteers and will be regularly reviewed.

Supervision

All staff and mentor volunteers will have a designated supervisor who will provide regular feedback and support. Every member of staff and mentor volunteer will attend an annual review, where their performance, skills, motivation and expectations will be discussed. Annual reviews will be recorded and copies made available to the member of staff/mentor volunteer if they wish to see this.

Making alerts / reporting abuse

SHAX will ensure appropriate mechanisms are in place for staff to report any concerns to Social Work Services and/or the Police, as may be appropriate.

Staff and volunteers have a duty to report concerns about a vulnerable adult or child thought to be at risk of harm, failure to do so may result in disciplinary action. Staff or volunteers who have a complaint or concern regarding safeguarding should report it immediately to the Social Enterprise Manager or Chairperson (who will then inform the Board of Trustees).

To report a concern about a vulnerable adult, staff must inform the the Social Enterprise Manager or Chairperson, who will then call 030 33 33 3001 and ask for the duty social worker. Call 999 if it's an emergency.

To report a concern about a vulnerable child, staff inform the Social Enterprise Manager or Chairperson, who will then call The Children's Multi-Agency Safeguarding Hub (MASH), which is the single point of contact to report concerns. Telephone 030 33 33 3001 and ask for Children's MASH; the out of hours’ service, telephone number is 01387 273660

33.7.1 Making a referral to Disclosure Scotland

This section is relevant to all those involved in making recruitment/disciplinary decisions in our organisation.

When a member of staff or mentor volunteer is permanently removed from a regulated work position, there are certain circumstances where or organisation must notify the Protection Unit at Disclosure Scotland that this has happened. This is called “Making a Referral”. If we would have

permanently removed the individual, the actions detailed in this policy will continue to apply (even if a member of staff or mentor volunteer leaves their regulated work position prior to any action being taken, irrespective of the reason that they leave).

Two conditions must be met before we let Disclosure Scotland know that something has happened.

Condition 1 – A person has been permanently removed/removed themselves from regulated work

Condition 2 – At least 1 of the following 5 grounds apply:

• Caused harm to a child or protected adult
• Placed someone at risk of harm
• Engaged in inappropriate conduct involving pornography
• Engaged in inappropriate sexual conduct
• Given inappropriate medical treatment

When both of these conditions have been met, it is a legal requirement that we must let Disclosure Scotland know by making a referral within 3 months of the permanent removal of the individual.

Where there is an historical allegation of harm or inappropriate behaviour about someone who is no longer in regulated work with SHAX but which we believe would, in all probability, have led to the 2 conditions being met, we will consider whether we want to make a referral but the legal responsibility applies only after 28 February 2011 when PVG was first introduced.

Where it is necessary to make a referral, this process will be carried out by the Social Enterprise Manager. In their absence, the referral process will be carried out by the Chairperson.

Those who are in a position which may involve carrying out disciplinary action which may result in the removal from regulated work or dismissal of someone in regulated work must ensure they notify the Social Enterprise Manager or, in their absence, the Chairperson, of the legal requirement to make a referral where the conditions above have been met.

Failure to make a referral where required, may result in our organisation being prosecuted. It is therefore essential that those involved in carrying out disciplinary action notify the Social Enterprise Manager or Chairperson when both conditions for making a referral have been met.

Legal issues

It is an offence for an individual who is barred to undertake the type of regulated work from which they are barred.

It is an offence for an organisation to offer regulated work to someone who is barred or fail to remove a person from regulated work if they have been notified that they are barred. It is an offence for an organisation not to refer an individual to Disclosure Scotland where the grounds have been met.

Data Protection

The organisation processes information about an individual's criminal convictions in accordance with its Data Protection Policy. In particular, data collected during recruitment is held securely and accessed by, and disclosed to, individuals only for the purposes of completing the recruitment process. Inappropriate access or disclosure of employee data constitutes a data breach and should be reported in accordance with the organisation's data protection policy immediately. It may also constitute a disciplinary offence, which will be dealt with under this disciplinary procedure.

Once an individual is recruited, information about their criminal record gathered in the course of the vetting process will not be transferred to their personnel file. It is kept securely, in lockable, non-portable storage containers. Access to storage units is strictly controlled and is limited to authorised named individuals, who are entitled to see such information in the course of their duties.

We will ensure that disclosure information is destroyed in a secure manner i.e. by shredding, pulping or burning. We will ensure that disclosure information which is awaiting destruction will not be kept in any insecure receptacle (e.g. a waste bin or unlocked desk/cabinet).

34. Recruitment Policy

Scope

This policy applies to employees and anyone who is involved in recruiting employees for the SHAX.

Introduction

SHAX must employ staff to be able to carry out its role in the community. The organisation aims at all times to recruit the person who is most suited to the particular job. Recruitment will be solely on the basis of the applicant's abilities and individual merit as measured against the criteria for the job. Qualifications, experience and skills will be assessed at the level that is relevant to the job.

Advertising of Posts

Full advertising (defined below) shall be used for either permanent posts, or temporary posts of more than 6 months, subject to the following exceptions where the Board may choose not to openly advertise posts:-

• Where staff are facing redundancy and alternative posts are being sought for them;
• Where alternative posts are being sought for staff who have become unable to perform their own role through disability or ill health;
• Where staff are already employed in the organisation and wish to extend their skills and experience, gain promotion or obtain a substantive post;
• Where staff have been employed in a trainee role and a suitable post becomes available.

Part time and full time posts will be treated in the same manner.

Full advertising will take the form of external advertising by the most cost effective means possible.

In the case of full advertising the full recruitment procedure will be used as set out below and all applicants will be required to complete an application form.

Post for less than six months duration, shall where possible be filled using either existing contacts or through an employment agency.

All advertisements should be available in accessible formats to any applicant that requests them in line with our Equal Opportunities policy.

Recruitment pack

Below are guidelines for the content of the recruitment pack to be circulated to all applicants. It will also be made available in accessible formats for applicants who request.

• Job description;
• Person Specification;Application form or request for CV;
• Details/arrangements regarding Disclosure Scotland process;
• Information about SHAX.

Assessing Applicants

SHAX will elect a selection panel to review the application forms and interview/assess the shortlisted candidates. SHAX may also invite someone external to sit on the panel if they wish who will be there in an advisory capacity.

The panel shall be provided with all the application forms received after the closing date. Personal details will be removed from the forms during assessment, and applicants known by a reference number only. Disabled applicants will be guaranteed an interview if they meet the essential job criteria.

The evidence provided by each applicant should be assessed using a scoring framework. All claims of skills must be clearly backed up with evidence and this should be reflected in the scoring.

All questions on the application form should encourage people to show their skills and should directly relate to the attributes outlined.

Once the application forms have been processed the panel will agree on a shortlist of candidates that meet the criteria for the post. They should be informed by a letter/email providing them with:

• The date, time and location of the interview;
• Information regarding any presentation/preparation for exercises required;
• Details of any information they should bring with them;
• Details about what will happen during the interview;
• Details about the panel;
• Details of who to submit requests to for reasonable adjustments/special dietary requirements/queries etc.

Any candidates that fail to meet the criteria or are not short listed should be informed by letter/email unless the following has been stated either in the job advertisement, or the covering letter sent with the application pack, “If you have not heard from us by XX date, please assume that you have been unsuccessful on this occasion”.

All application forms and shortlisting scores and notes should be kept for 6 months. Please see the Job Applicant Privacy Notice for further details on Data Protection.

The Interview

During the course of the interview applicants may not be asked questions that are based on, or could be perceived to be based on, discriminatory criteria.

A list of questions should be agreed beforehand and should be asked to all the applicants, though all can be elaborated on for individual applicants. Additional questions may be asked in specific

cases. Panel members should be clear of the motivation behind each question and should score each applicant accordingly.

Applicants shall be asked to expand on evidence they provided in their application to demonstrate their suitability for the job.

All notes made during the interview by the panel should be kept for 6 months. Please see the Job Applicant Privacy Notice for further details on Data Protection.

References

Any offer of employment will be conditional on receipt of 2 satisfactory references (one of which will normally be the most recent employer) and the candidate satisfying checks on the right to work in the UK. Please also refer to the PVG Policy for information on PVG checks.

References should only be used to confirm the decision of the panel.

Informing candidates

The successful candidate should be contacted at the earliest opportunity, usually by phone, to be told that a conditional offer will be made in writing.

The offer then should be confirmed in writing and should contain:

• Any conditions, such as satisfactory references or Disclosures;
• The starting date;
• Salary;
• Job title;
• Requests for further information, such as P45; and
• Replies to this confirmation should be in writing.

Unsuccessful candidates should only be informed once the successful candidate has given a verbal acceptance of the conditional offer.

Unsuccessful candidates may request feedback from the panel; in which case feedback can be given on:

• Points where the panel recorded clear evidence of the applicant’s strengths;
• Areas where the evidence offered was weak.

Probationary Period

Please refer to the induction and Probationary Period Policy.

Recruitment of Ex Offenders

All applicants for any job must be treated fairly and should not be discriminated against unfairly due to previous convictions.

All applicants shall be required to inform SHAX as to whether they have any previous convictions of any variety unless these are spent, or if the post is exempt under the Rehabilitation of Offenders Act 1974.

All advertisements for jobs (and volunteer posts where appropriate) should make it clear if anyone is excluded from applying because they have a related conviction, for example if someone is going to be working with children they should not have a conviction for child abuse.

In necessary cases a disclosure will be requested from Disclosure Scotland to assess the applicant’s suitability to be put in a position of trust.

SHAX will not ask any questions about an applicant’s, or employee’s, criminal record if it is not classed as an “unspent” conviction as defined in the Rehabilitation of Offenders Act 1974.

During an interview SHAX will ensure that there is a discussion of the applicant’s criminal records that are relevant to the post. Failure to give information relating to the post will result in the withdrawal of any offer of employment.

At interview or when receiving a disclosure which shows a conviction, we will take into consideration:

• Whether the conviction is relevant to the position being offered
• The seriousness of the offence revealed.
• The length of time since the offence took place
• Whether the applicant has a pattern of offending behaviour
• Whether the applicant’s circumstances have changed since offending took place.

If the post requires disclosure information to be obtained and it has not arrived when the applicant starts employment, they will not be allowed to work alone with any “vulnerable people” including children.

All disclosure documents shall be stored appropriately in accordance with the confidentiality policy.

Data Protection

The organisation processes personal data collected during the recruitment process in accordance with its Data Protection Policy. In particular, data collected as part of the recruitment process is held securely and accessed by, and disclosed to, individuals only for the purposes of managing the recruitment exercise effectively to decide to whom to offer the job. Inappropriate access or disclosure of job applicant data constitutes a data breach and should be reported in accordance with the organisation's data protection policy immediately. It may also constitute a disciplinary offence, which will be dealt with under the organisation's Disciplinary Procedure.

35. Smoke-Free Policy

Scope

This policy applies to employees, volunteers, trustees, customers, clients and any other visitors to our premises or users of our vehicles.

Purpose

This policy has been developed to protect all employees, volunteers, customers, clients and visitors from exposure to second-hand smoke and to assist compliance with the Smoking, Health and Social Care (Scotland) Act 2005.

Exposure to second-hand smoke, also known as passive smoking, increases the risk of lung cancer, heart disease and other illnesses. Ventilation or separating smokers and non-smokers within the same airspace does not completely stop potentially dangerous exposure.

Policy

It is the policy of SHAX that all of our workplaces (including vehicles) are smoke-free and all employees and volunteers have a right to work in a smoke-free environment.

Smoking and vaping are prohibited throughout the entire workplace with no exceptions. This includes company vehicles.

There is an external designated smoking/vaping area at the rear of the building next to the outdoor ashtray.

Implementation

Overall responsibility for policy implementation and review rests with the Social Enterprise Manager.

All staff and volunteers are obliged to adhere to, and facilitate the implementation of the policy.

The person named above shall inform all existing employees, consultants and contractors of the policy and their role in the implementation and monitoring of the policy.

Appropriate ‘No Smoking’ signs will be clearly displayed at the entrances to and within the premises.

Breach of this policy

Disciplinary procedures should be followed if a member of staff does not comply with this policy. The procedures set out below should be followed if a customer, client, volunteer, visitor or passenger does not comply. Those who do not comply with the smoking law are also liable to a fixed penalty fine and possible criminal prosecution.

If someone ignores the smoking ban

Draw the person’s attention to the ‘No Smoking’ signs and remind them that they’re committing an offence. Politely ask them to stop smoking. Explain to them that SHAX has a smoke-free policy to ensure a safe working environment for all staff, volunteers, customers and clients. Advise the person that it’s also an offence for you to let anyone smoke.

If the person smoking is an employee: If your warning has been ignored, immediately ask them to leave the premises (and, where relevant, inform them where they can smoke). If they refuse to move/stop smoking, advise them that if the matter continues, a referral may be made to the organisation’s disciplinary procedure.

If the person smoking is a customer/client: Explain that staff are obliged to refuse service if they continue to smoke. If the customer/client carries on smoking, ask them to leave the premises (and, where relevant, inform them where they can smoke). If he/she refuses, implement the normal procedure for anti-social/illegal behaviour in the premises.

Maintain a record of all such incidents and outcomes.

In all cases where physical violence or intimidation is threatened or encountered, seek the assistance of the police.

Help to Stop Smoking

Support for smokers who want to stop will be provided. Sources of support are:

• Smokefree National Helpline – 0800 84 84 84
• Smoking Matters – 0845 602 6861
• www.nhs.uk/smokefree
• The Public Health Department NHS Dumfries & Galloway, or
• Your local GP surgery.

Contact details can be found in your local directory or online.

36. Social Media Policy

Scope

This section applies to employees, volunteers, trustees and any other representatives of the organisation.

About this policy

This policy is in place to minimise the risks to our business through use of social media.

This policy deals with the use of all forms of social media, including Facebook, LinkedIn, Twitter, Google+, Wikipedia, Instagram and all other social networking sites, internet postings and blogs. It applies to use of social media for business purposes as well as personal use that may affect our business in any way.

This policy does not form part of any employee's contract of employment and we may amend it at any time.

Personal use of social media

Occasional personal use of social media at work is permitted provided the employee complies with this policy and the Information & Communication Technology Policy. Use must be minimal and take place exclusively outside of normal working hours (that is, during your lunch break, and before or after work).

Prohibited use

You must avoid making any social media communications that could damage our business interests or reputation, even indirectly.

You must not use social media to defame or disparage us, our staff or any third party; to harass, bully or unlawfully discriminate against staff or third parties; to make false or misleading statements; or to impersonate colleagues or third parties.

You must not express opinions on our behalf via social media, unless expressly authorised to do so by your manager. You may be required to undergo training in order to obtain such authorisation.

You must not post comments about sensitive business-related topics, such as our performance, or do anything to jeopardise our trade secrets, confidential information and intellectual property. You must not include our logos or other trademarks in any social media posting or in your profile on any social media.

You are not permitted to add business contacts made during the course of your employment to personal social networking accounts.

Any misuse of social media should be reported to the Social Enterprise Manager or a trustee.

Guidelines for responsible use of social media

You should make it clear in social media postings, or in your personal profile, that you are speaking on your own behalf. Write in the first person and use a personal e-mail address.

Be respectful to others when making any statement on social media and be aware that you are personally responsible for all communications which will be published on the internet for anyone to see.

If you disclose your affiliation with us on your profile or in any social media postings, you must state that your views do not represent those of your employer (unless you have been authorised to speak on our behalf). You should also ensure that your profile and any content you post are consistent with the professional image you present to customers, clients and colleagues.

If you are uncertain or concerned about the appropriateness of any statement or posting, refrain from posting it until you have discussed it with the Social Enterprise Manager.

If you see social media content that disparages or reflects poorly on us, you should contact the Social Enterprise Manager or a Trustee.

Breach of this policy

Breach of this policy may result in disciplinary action up to and including dismissal.

You may be required to remove any social media content that we consider to constitute a breach of this policy. Failure to comply with such a request may in itself result in disciplinary action.

37. Stress Management

Introduction

The health, safety and welfare of our employees is important to our organisation and we are committed to ensuring this is met. We are committed to identifying and reducing the causes of workplace stress, as we acknowledge that this is an important health and safety issue.

This policy is applicable to all employees. It is the manager’s responsibility to implement the policy, and it is the organisation’s responsibility to provide the necessary resources.

Definition of stress

Stress is defined by the Health and Safety Executive as “the adverse reaction people have to excessive pressure or other types of demand placed on them”. There is a distinct difference between stress and pressure, as if managed correctly pressure can have a positive effect on an employee, whereas stress can be seen as detrimental to their well-being.

The effects of long-term stress can be seen in physical, intellectual, emotional and behavioural signs. These can include headaches, nausea, tiredness, palpitations, worrying, making mistakes, anger, irritability and job dissatisfaction.

Responsibilities

Managers

The responsibilities of managers are to:

• ensure clear communication between management and staff, specifically on organisational changes that may affect them personally
• monitor staff working hours to ensure they are not being overworked
• manage holidays to ensure staff are taking their full entitlement
• ensure that there is a zero tolerance on bullying and harassment
• offer additional support to members of staff who are experiencing stress outside work such as bereavement or separation.

Employees

The responsibilities of employees are to:

• raise any issues relating to workplace stress to their line manager
• undertake counselling that is offered, when applicable.

Addressing work related stress

If you believe you are suffering from work-related stress you should discuss this with your line manager in the first instance.

Once an issue affecting your health comes to the attention of your line manager, we will discuss with you what steps can be taken to address that issue. Those steps may include any of the following:

• A review of your current job role, responsibilities, workload and working hours. Adjustments may be agreed to these, on a temporary basis and subject to further review, where appropriate.
• Where it appears that stress has been caused by bullying or harassment, investigation under our Disciplinary and/or Grievance Procedures.
• Referral for medical advice, treatment and/or a medical report to be provided by our medical advisers or any specialist or GP who has been treating you.
• If you are on sickness absence, discussion of an appropriate return to work programme. Our Sickness Absence Policy may be applied.

Absence due to stress or mental ill health

If you are absent due to work-related stress or mental ill health, you should follow the sickness absence reporting procedure contained in our Absene - Sick Leave Policy.

Confidentiality

Information about stress, mental health and mental wellbeing is highly sensitive. Every member of staff is responsible for observing the high level of confidentiality that is required when dealing with information about stress or mental health whether they are supporting a colleague or because they are otherwise involved in the operation of a workplace policy or procedure.

Breach of confidentiality may give rise to disciplinary action.

However, there are occasions when information about stress or mental wellbeing need to be shared with third parties. For example:

• Where steps need to be taken to address work-related stress.
• Where medical or HR advice is required on how to support a member of staff, address issues raised by work-related stress or address issues raised by mental ill health.
• Where allegations of harassment, bullying or other misconduct require a disciplinary investigation or proceedings to take place.
• Where a member of staff presents an immediate danger to themselves or others.

In these circumstances, wherever possible, matters will be discussed with the member of staff concerned before any action is taken.

38. Substance Misuse Policy

Scope

This policy applies to employees and volunteers.

Introduction

We are committed to providing a safe, healthy and productive working environment. This includes ensuring that all staff are fit to carry out their jobs safely and effectively in an environment which is free from alcohol and drug misuse.

The purpose of this policy is to increase awareness of the effects of alcohol and drug misuse and its likely symptoms and to ensure that:

• All staff are aware of their responsibilities regarding alcohol and drug misuse and related problems.
• Staff who have an alcohol or drug-related problem are encouraged to seek help, in confidence, at an early stage.
• Staff who have an alcohol or drug-related problem affecting their work are dealt with sympathetically, fairly and consistently.

This policy is not intended to apply to "one-off" incidents or offences caused by alcohol or drug misuse at or outside work where there is no evidence of an ongoing problem, which may damage our reputation, and which are likely to be dealt with under our Disciplinary Procedure.

We wish to promote a culture which understands and is sympathetic to the problems associated with alcohol and drug misuse in which staff with dependency problems are encouraged to seek help and are supported.

Identifying a problem

If you notice a change in a colleague's pattern of behaviour you should encourage them to seek assistance through their line manager. If they will not seek help themselves, you should draw the matter to the attention of the Social Enterprise Manager or a member of the Board. You should not attempt to cover up for a colleague whose work or behaviour is suffering as a result of an alcohol or drug-related problem.

If you believe that you have an alcohol or drug-related problem you should seek specialist advice and support as soon as possible.

Alcohol and drugs at work

Alcohol and drugs can lead to reduced levels of attendance, reduced efficiency and performance, impaired judgement and decision making and increased health and safety risks for you and other people. Irresponsible behaviour or the commission of offences resulting from the use of alcohol or drugs may damage our reputation and, as a result, our business.

You are expected to arrive at work fit to carry out your job and to be able to perform your duties safely without any limitations due to the use or after effects of alcohol or drugs. In this policy drug use includes the use of controlled drugs, psychoactive (or mind-altering) substances formerly known as "legal highs", and the misuse of prescribed or over-the-counter medication.

You should not drink alcohol during the normal working day, at lunchtime, at other official breaks and at official work-based meetings and events. Drinking alcohol while at work without authorisation or working under the influence of alcohol may be considered serious misconduct.

You must comply with drink-driving laws and drug-driving laws at all times. Conviction for drink- driving or drug-driving offence may harm our reputation and, if your job requires you to drive, you may be unable to continue to do your job. Committing a drink-driving or drug-driving offence while working for us or outside working hours may lead to action under our Disciplinary Procedure and could result in dismissal.

If you are prescribed medication you must seek advice from your GP or pharmacist about the possible effect on your ability to carry out your job and whether your duties should be modified. If so you must tell your line manager without delay.

Managing suspected substance misuse

Where the Social Enterprise Manager considers that a deterioration in work performance and/or changes in patterns of behaviour may be due to alcohol or drug misuse they will seek professional advice if necessary.

If the Social Enterprise Manager has reason to believe that you are suffering the effects of alcohol or drugs misuse, they will invite you to an investigatory interview. The purpose of the interview is to:

• discuss the reason for the investigation and seek your views on, for example, the deterioration of your work performance and/or behaviour; and
• where appropriate, offer to refer you for medical and/or specialist advice.

If you arrive at work and the Social Enterprise Manager reasonably believes you are under the influence of alcohol or drugs, you will be provided with assistance and an investigation can be undertaken.

If you agree to be referred for medical assistance or to an Occupational Health specialist of the organisation’s choosing, the Soclal Enterprise Manager will request an urgent appointment and prepare a letter of referral, a copy of which will be provided to you.

The Occupational Health Provider may ask for your consent to approach your GP for advice. A report will be sent to the Social Enterprise Manager who will then reassess the reasons for their investigatory meeting with you and decide on the way forward.

If, as the result of the meeting or investigation, the Social Enterprise Manager continues to believe that you are suffering the effects of alcohol or drugs misuse and you refuse an offer of referral to an Occupational Health Provider or appropriate treatment providers the matter may be dealt with under our Disciplinary Procedure.

Providing support

Alcohol and drug-related problems may develop for a variety of reasons and over a considerable period of time. We are committed, in so far as possible, to treating these problems in a similar way to other health issues. We will provide support where possible with a view to a return to full duties. This may include:

• Referral to appropriate treatment providers, where necessary in conjunction with your GP.
• Unpaid time off work to attend treatment and recognition of any periods of absence for such treatment as periods of sickness absence.
• Consideration of adjusting your duties or other support as recommended by the Occupational Health Provider or your GP or specialist during treatment and for an agreed period thereafter, subject to operational requirements and feasibility.

If you do not finish a programme of treatment, or your recovery and return to work does not go as planned, the Social Enterprise Manager will meet with you to decide what further action if any should be taken.

Confidentiality

We aim to ensure that the confidentiality of any member of staff experiencing alcohol or drug- related problems is maintained appropriately. However, it needs to be recognised that, in supporting staff, some degree of information sharing is likely to be necessary.

Performance and disciplinary issues

If you agree to undertake appropriate treatment and/or rehabilitation for an acknowledged alcohol or drug-related problem, we may decide to suspend any ongoing disciplinary action against you for related misconduct or poor performance, pending the outcome of the treatment.

Our intention is to support all staff with alcohol or drug-related problems to regain good health. Depending on the progress made on the course of treatment, any disciplinary action may be suspended for a specified period, discontinued or restarted at any time as we see fit.

39. Subsistence and Travel Expenses Policy

Scope

This policy applies to employees.

Introduction

The nature of the work of SHAX means that employees may incur expenses in their line of work. Employees will not be left out of pocket for authorised expenses when carrying out their role.

Aims of the Policy

To ensure that employees are reimbursed for any authorised expenses incurred during their work. To encourage employees to share cars wherever possible and practical.

To give guidance on what is a reasonable cost for expenses.

Application of the Policy

All employees should notify the Social Enterprise Manager of any trips that may incur large expenditure (for example, travel for over 50 miles both ways).

Subsistence and travelling expenses are paid when members of staff are away from the office on approved duty.

Travel expenses for employees during normal office hours will be paid from the office/base to site and return to office/base, less any mileage that falls part of the normal daily commute. Outwith normal office hours travel expenses will be paid from home to site and return to home.

Public transport should be used where possible. Staff should try to minimise travelling costs by sharing transport wherever possible.

Employees using their own transport on travel necessary to their work for SHAX will be reimbursed at a rate of 45 pence per mile. A SHAX travel claim form should be completed and passed to the Social Enterprise Manager for approval.

Employees must ensure that their cars are insured for business use before they can be authorised to use their car for SHAX business. Employees who do not comply with this requirement will not be able to use their car for business use.

In order to fulfill basic duty-of-care obligations and minimise the risk of prosecution SHAX is responsible for ensuring that its employees are making the following essential safety checks. They should be satisfied that:

• the car is roadworthy and has a current MOT certificate (if more than 3 years old);
• the driver is licensed to drive;
• the vehicle is insured for business use;
• the car is regularly serviced;
• routine basic maintenance checks are carried out such as engine oil and coolant levels, tyre wear and pressures.

When an employee is required to be away from the office for longer periods of time, reasonable subsistence expenses will be reimbursed, but these must be approved in advance by the Social Enterprise Manager. Reimbursements will only be made on production of valid receipts.

If employees are required to use their own mobile phones in the course of their work for SHAX they should keep a record of the cost of the calls on a SHAX Expenses claim form which should be passed to the Social Enterprise Manager, with a receipt attached.

Note

It is unlawful to use a handheld mobile phone while driving. Staff wishing to make or accept calls must pull over to a safe place and turn off the engine.

A SHAX expenses claim form must be completed (with receipts attached) and sent to the Social Enterprise Manager to make a claim.

40. Van Driving for Work

40.1. Purpose

This policy outlines the guidelines and expectations for staff members who are required to drive the organisation's van. It is designed to ensure the safety, security, and proper use of the van and to comply with legal requirements.

40.2. Scope

This policy applies to all staff members of SHAX who are authorised to drive our van(s) for work-related purposes.

40.3. Authorised Drivers

Only staff members who are authorised and have a valid driver’s license for the relevant vehicle type are permitted to drive the SHAX van.

Staff must inform their line manager if their driving license is revoked or suspended at any time.

40.4. Driving Safety

Seat Belts: The use of seat belts is mandatory for the driver and all passengers.

Speed Limits: Drivers must adhere to posted speed limits at all times.

Alcohol and Drugs: Staff members must not drive the van under the influence of alcohol, drugs, or any other substance that impairs driving abilities.

Mobile Phones: Staff must refrain from using mobile phones while driving, unless using a hands-free system, which should then only be used for short calls in order to avoid distraction.

40.5. Vehicle Maintenance and Care

Daily Checks: Drivers should inspect the van daily before use to check tyre pressure, fluid levels, lights, and general cleanliness ensuring the daily checklist is completed. Any issues or damage should be reported immediately.

Fuelling: Staff should ensure the van is fuelled as needed and keep the fuel receipts for reimbursement (if applicable).

AdBlue: Ensure the operators guide for the maintenance of the AdBlue system is adhered to and adequate supplies of the consumable are maintained at the warehouse.

Regular Servicing: The organisation will ensure the van is regularly serviced in accordance with the manufacturer’s recommendations. Staff must inform their line manager or relevant person if any maintenance issues arise.

40.6. Personal Use

The van is strictly for work-related purposes only and must not be used for personal errands or non-organisational activities unless prior permission has been granted.

40.7. Accidents and Incidents

Reporting: If an accident or incident occurs, the driver must immediately report the situation to their line manager and complete any required accident/incident forms.

Insurance: The organisation’s insurance policy will cover the van, but drivers must ensure they comply with all necessary procedures in the event of an accident.

Third-Party Damage: In the case of an accident, the driver must provide full details to the relevant authorities and cooperate fully with insurance companies.

40.8. Van Security

Parking: Staff should park the van in a safe and secure location when not in use. Lock the van when unattended.

Keys: Keys to the van should be kept secure and only distributed to authorised drivers. Lost or stolen keys should be reported immediately. Company phone and tablet to be kept secure and only used by authorised drivers and driver buddies. Lost, stolen or damaged should be reported immediately.

40.9. Smoking

Smoking of any kind (including use of e-cigarettes) is not permitted in the vehicle, even if you are the only person in the vehicle.

40.10. Van Cleanliness

Drivers are responsible for maintaining a clean and tidy van. Personal items should be kept to a minimum, and any waste should be disposed of appropriately.

40.11. Return of Vehicle

At the end of each workday or project, staff must return the van to the designated location and ensure it is securely locked.

Driving Hours and Rest Periods

40.12. Maximum Driving Hours

To ensure the safety and well-being of staff, no driver should exceed 3 hours of continuous driving without taking appropriate rest breaks. A maximum of 10 hours driving per day should be adhered to, unless explicitly approved for exceptional circumstances.

40.13. Rest Breaks

Drivers must take a minimum of 20 minutes break for every 3 hours of driving. This is to ensure that staff remain alert and safe on the road.

There should be a minimum of a 12 hour break between driving shifts. Every week there will be a 24 hour period in every week (Monday to Sunday) where work driving is not undertaken.

40.14. Working Hours and Driving

Staff should not drive for more than 10 hours within any given workday. This ensures that driving does not interfere with the overall well-being of the employee and complies with the organisation’s duty of care.

Night-time Driving: Drivers should avoid long-distance driving during night hours or ensure that they have had sufficient rest before undertaking night shifts.

40.15. Fatigue and Safety

If a driver feels fatigued or drowsy during their shift, they must stop driving immediately and take a rest break. It is the responsibility of the driver to assess their own level of fatigue, and they should never continue driving if they feel unfit to do so.

40.16. Overnight Travel

If an overnight stay is required during a work-related trip, arrangements for accommodation should be made in advance, and drivers should not be expected to drive long distances without adequate rest.

40.17. Travel Time Limits

Where possible, travel should be scheduled to avoid excessive driving hours or long distances in one day. If long-distance travel is required, the organisation will make appropriate arrangements for overnight stays or provide additional support.

40.1Disciplinary Action

Failure to comply with the provisions of this policy may result in disciplinary action, up to and including revocation of driving privileges, formal warnings, or dismissal depending on the severity of the infraction.

41. Volunteer Involvement Policy41. Volunteer Involvement Policy

Scope

This policy is relevant to employees, trustees and volunteers.

Introduction

SHAX acknowledges the important contribution that volunteers make to the aims and objectives of the organisation and that SHAX would not function without their support.

SHAX encourages the involvement of volunteers in its work. Staff and board members are encouraged to assist in the creation of productive volunteer roles that are of benefit to the volunteers and the organisation.

The SHAX Handbook contains some policies and procedures that are also relevant to trustees and volunteers, identified in the ‘Scope’ section of each policy.

Aims of the Policy

• To provide overall guidance and direction to staff, the Board of Trustees and volunteers engaged by SHAX.
• To ensure a happy working relationship between staff and volunteers.
• To provide support to volunteers.
• To ensure that all volunteers are covered by the relevant insurances.
• To ensure that volunteers are given tasks they feel confident to carry out and have been trained for.
• To ensure that all SHAX policies are upheld.

Commitment to Our Volunteers

SHAX will provide volunteers with:

• A safe working environment.
• An induction to the work of SHAX and a Volunteer andbook, including clear task descriptions and information about out of pocket expenses and how to claim.
• A named person who is responsible for providing regular support, guidance and feedback.
• A trial period for the benefit of both volunteers and SHAX to allow both parties to review progress and suitability to volunteering.
• Opportunities to participate in decision-making where appropriate.
• Travel expenses/other expenses where required.
• SHAX will ensure that all volunteers are covered by relevant insurance and provide guidance on health and safety.

Commitment from our volunteers

SHAX expects volunteers to:

• Complete a registration form and provide a minimum of one referee.
• Work within the aims and objectives of the organisation.
• Keep to their agreed commitments and inform SHAX if they are unable to do so.
• Maintain confidentiality of all privileged information to which they are exposed while serving as volunteers.
• Raise any concerns or problems with their supervisor as soon as these arise.
• Disclose information, which may have an effect on their suitability to volunteer, at any time during their involvement with SHAX. Such information will be dealt with confidentially.

Resolving Problems

It is hoped that volunteers and SHAX will work together co-operatively and that both parties benefit from such work. However, it is accepted that problems may occur.

In order to deal with situations in as positive a way as possible, both parties will be assisted to find an acceptable solution to any problems.

Recruitment and Selection of Volunteers

Volunteers will be recruited following the selection procedure and on an equal opportunity basis. The main recruitment measures will be the person’s suitability to the task. In the event of a person not suiting the task SHAX will endeavour to find another suitable task.

Volunteer Records

SHAX will set up and maintain a record for each volunteer, including a log of training received, tasks undertaken and progress made. This record will be kept confidential and made available to volunteers if they wish to view it. Please refer to the Data Protection Policy for further details.

Recognition

In line with our commitment to our volunteers we aim to recognise the contribution our volunteers make.

Where appropriate SHAX will provide references for volunteers.

We welcome suggestions of how we can recognise our volunteers effectively and appropriately.

42. Whistleblowing Policy

Scope

This policy applies to all employees, workers, volunteers and Members of the Board (MB) in SHAX. Other individuals performing functions in relation to SHAX, such as agency workers and contractors, are encouraged to use it.

Introduction

SHAX is committed to the highest standards of honesty, integrity and accountability and we expect all staff and other representatives of SHAX to maintain high standards.

It is important to SHAX that any fraud, misconduct or wrongdoing by employees, board members, volunteers or other representatives of SHAX is reported and properly dealt with. SHAX therefore encourages all individuals to raise any concerns that they may have about the conduct of others in SHAX or the way in which SHAX is run. This policy sets out the way in which individuals may raise any concerns that they have and how those concerns will be dealt with.

What is whistleblowing?

Whistleblowing is the reporting of suspected wrongdoing or dangers in relation to our activities. This includes bribery, facilitation of tax evasion, fraud or other criminal activity, miscarriages of justice, health and safety risks, damage to the environment and any breach of legal or professional obligations.

The Public Interest Disclosure Act 1998 provides protection for workers who raise legitimate concerns about specified matters. These are called 'qualifying disclosures'. A qualifying disclosure is one made in good faith by a worker who has a reasonable belief that:

• a criminal offence;
• a miscarriage of justice;
• an act creating risk to health and safety;
• an act causing damage to the environment;
• a breach of any other legal obligation; or
• concealment of any of the above;
• is being, has been, or is likely to be, committed.

It is not necessary for the worker to have proof that such an act is being, has been, or is likely to be, committed - a reasonable belief is sufficient. The worker has no responsibility for investigating the matter - it is SHAX's responsibility to ensure that an investigation takes place.

Principles

Everyone should be aware of the importance of preventing and eliminating wrongdoing at work. All representatives of SHAX should be watchful for illegal or unethical conduct and report anything of that nature that they become aware of.

Any matter raised under this procedure will be investigated thoroughly, promptly and confidentially, and the outcome of the investigation reported back to the person who raised the issue.

No worker will be victimised for raising a matter under this procedure. This means, for example, that the continued employment and opportunities for future promotion or training of an employee will not be prejudiced because he/she has raised a legitimate concern.

The aim of this policy is to provide an internal mechanism for reporting, investigating and remedying any wrongdoing in the workplace. In most cases you should not find it necessary to alert anyone externally. The law recognises that in some circumstances it may be appropriate for you to report your concerns to an external body such as a regulator. We strongly encourage you to seek advice before reporting a concern to anyone external. An organisation called Protect (formerly Public Concern at Work) operates a confidential helpline. Their contact details are at the end of this policy.

Victimisation of a worker / other SHAX representative for raising a qualified disclosure will be a disciplinary offence.

If misconduct is discovered as a result of any investigation under this procedure the disciplinary procedure will be used, in addition to any appropriate external measures.

Maliciously making a false allegation is a disciplinary offence which may result in summary dismissal.

An instruction to cover up wrongdoing is itself a disciplinary offence. If told not to raise or pursue any concern, even by a person in authority such as a manager, representatives of SHAX should not agree to remain silent. They should report the matter to a director.

Procedure

This procedure is for disclosures about matters other than a perceived actual or potential breach of an employee's own contract of employment. If this is the case, he/she should use the Grievance Procedure.

Stage 1

In the first instance any concerns should be raised with the team member’s line manager. If he/she believes the line manager to be involved, or for any reason does not wish to approach the line manager, then the team member should proceed straight to Stage 3.

Stage 2

The line manager will arrange a thorough investigation of the matter (either by investigating the matter themselves or immediately passing the issue to a more appropriate person). The investigation may involve the team member and other individuals involved giving a written statement.

Any investigation will be carried out in accordance with the principles set out above. The team member’s statement will be taken into account, and he/she will be asked to comment on any additional evidence obtained.

The line manager (or the person who carried out the investigation) will then report to the Social Enterprise Manager, who will take any necessary action, including reporting the matter to the MB and/or any appropriate government department or regulatory agency.

If disciplinary action is required, the line manager (or the person who carried out the investigation) will refer the matter to the Discipliary Process.

On conclusion of any investigation, the team member will be told the outcome of the investigation (it might not be appropriate to share all details) and what the MB has done, or proposes to do, about it. If no action is to be taken, the reason for this will be explained.

Stage 3

If the team member is concerned that their line manager is involved in the wrongdoing, has failed to make a proper investigation or has failed to report the outcome of the investigations to the MB, he/she should inform the Chair or Vice Chair of the MB, who will arrange for another manager or MB member to review the investigation carried out, make any necessary enquiries and make their own report to the MB as in stage 2 above.

If for any other reason the team member does not wish to approach their line manager he/she should also in the first instance contact the Chair or Vice Chair of the MB. Any approach to the MB will be treated with the strictest confidence and the team member’s identity will not be disclosed without their prior consent.

Stage 4

If on conclusion of stages 1, 2 and 3 the team member reasonably believes that the appropriate action has not been taken, he/she should report the matter to the proper person or authority.

If a worker makes a qualifying disclosure to such persons, it will be a protected disclosure provided the worker:

• makes the disclosure in good faith;
• reasonably believes that the information, and any allegation it contains, are substantially true; and
• reasonably believes that the matter falls within the description of matters for which the person or body has been prescribed. (For example, breaches of health and safety regulations can be brought to the attention of the Health and Safety Executive)

The legislation sets out a number of persons or bodies to which qualifying disclosures may be made. These include:

• Audit Scotland.
• Scottish Social Services Council.
• Commissioner for Children and Young People in Scotland.
• Scottish Information Commissioner.
• Scottish Commission for the Regulation of Care.
• Office of the Scottish Charity Regulator.
• HM Revenue & Customs.
• the Health and Safety Executive.
• the Scottish Environment Protection Agency.

The organisation ‘Protect’ (formerly Public Concern at Work) is an independent national charity which provides advice on how and with whom to raise concerns, they can be contacted on 020 3117 2520 (or visit https://protect-advice.org.uk

False Reporting

There may be instances where a disclosure is made, based on genuine belief by the SHAX representative that something is wrong at a particular time, which is subsequently demonstrated to be false or inaccurate. In such circumstances, the SHAX representative will be informed of the discrepancy between their report and the facts at hand. Provided SHAX is satisfied that the SHAX representative acted in good faith and had a genuine belief that such a situation should be reported, no further action will be taken.

If it becomes apparent to the manager or Board that a worker making the disclosure has acted maliciously or frivolously, or has acted for personal gain, this will be dealt with through SHAX’s disciplinary process. Action taken may include summary dismissal for gross misconduct.

Data protection

When an individual makes a disclosure, the organisation will process any personal data collected in accordance with its Data Protection Policty. Data collected from the point at which the individual makes the report is held securely and accessed by, and disclosed to, individuals only for the purposes of dealing with the disclosure.