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HR Policies

Below are our HR Policies we have worked in conjuntion with Neo:pm to create these and we are very greatful for thier assistance.

Introduction

 

Every member of staff has a role to play in both achieving and sustaining the highest standards of conduct and performance. This Procedure is designed to ensure that employee’s conduct meets the standards required of them and to ensure that employees are treated fairly and consistently and in line with relevant legislation. One of its primary aims is to encourage a permanent improvement in the employee’s conduct.

 

Disciplinary situations include misconduct and/or poor performance. This procedure should also be used in situations of poor performance.

 

Grievances are concerns, problems or complaints that employees raise with their employers.

 

The Code does not apply to redundancy dismissals or the non renewal of fixed term contracts on their expiry.

 

LGBTQ Youth Cornwall aims to ensure that in complying with both legal requirements, and acting as a reasonable employer, that a fair and equitable process will be adhered to in progressing disciplinary and grievance matters. Adopting this approach will:

 

  1. Allow disciplinary matters to be dealt with quickly.

  2. Set standards of conduct at work.

  3. Ensure that employees are aware of the standards expected of them.

  4. Treat all employees on an equal basis.

  5. Maintain good employee relations.

  6. Reduce the likelihood of arbitrary decisions by managers.

  7. Assist LGBTQ Youth Cornwall in operating effectively.

  8. Apply appropriate disciplinary measures where needed.

 

The procedure will be applied consistently and equitably in respect of the conduct of all employees of LGBTQ Youth Cornwall.

 

The standards of behaviour contained within this procedure also apply to sub-contractors and people providing services to LGBTQ Youth Cornwall, as well as to people on work experience. The procedure relates to disciplinary action and/or dismissal on conduct.

 

Dismissals for any other reason, for example ill health, redundancy or non-renewal of a fixed term contract are dealt with by way of separate procedures based on ACAS Codes of Good Conduct and will be utilised when necessary.

 

Although the procedure identifies the sanctions to be used its aims are to, wherever possible, facilitate an improvement in conduct.

 

The procedure recognises the importance of informal intervention aimed at improving/changing conduct. Wherever possible, problems should be resolved through an informal process, once facts have been established. In many situations informal methods, for example, performance management meetings, coaching or counselling, may prove valuable in bringing about improvements in the employee's conduct before the formal disciplinary procedure is implemented. Such measures shall be documented by mutual agreement, be signed and dated on the individual’s personal file but are not to be treated as a formal stage of the Disciplinary Procedure. However, where such action fails or where it is inappropriate, the formal disciplinary procedure will apply.

 

Formal Disciplinary Action will therefore, only take place when it is decided that:

 

  1. Further counselling or training will not bring about the improvement required.

  2. The alleged misconduct warrants immediate disciplinary action owing to the serious nature of the misconduct.

  3. There is a clear breach of standards and procedures

 

Discipline Procedure;

 

Establish the facts of each case

 

  1. It is important to carry out necessary investigations of potential disciplinary matters without unreasonable delay to establish the facts of the case. In some cases this will require the holding of an investigatory meeting with the employee before proceeding to any disciplinary hearing. In others, the investigatory stage will be the collation of evidence by the employer for use at any disciplinary hearing.

  2. In misconduct cases, where practicable, different people should carry out the investigation and disciplinary hearing.

  3. If there is an investigatory meeting this should not by itself result in any disciplinary action. Although there is no statutory right for an employee to be accompanied at a formal investigatory meeting, such a right may be allowed on request.

  4. In cases where a period of suspension with pay is considered necessary, this period should be as brief as possible, should be kept under review and it should be made clear that this suspension is not considered a disciplinary action.

    1. Suspension will be on usual contractual pay, terms and conditions. Suspension should only take place in certain circumstances, for example, where relationships have broken down, or where there could be risks to individuals or property or responsibilities to others, or to allow any investigation to go on unhindered. Re-deployment should be considered as an alternative to full suspension, wherever possible.

    2. The employee will be advised to contact a representative and asked to attend a meeting at which suspension may occur. The appropriate suspending manager will confirm the suspension in writing immediately. Confirmation will include:

      1. Reason for suspension and the fact that it should not be construed as disciplinary action

      2. Duration of suspension – should be up to 10 working days in the first instance and will not exceed 56 calendar days unless there are exceptional circumstances

      3. Restrictions regarding access to LGBTQ Youth Cornwall premises during suspension

      4. The fact that the employee should not discuss the case with their colleagues

      5. Agreed arrangements for contact with the line manager or another agreed point of contact during the period of the suspension

      6. Proposed arrangements for handling the matter

      7. The fact that such suspension is on usual contractual pay

      8. The fact that the contract of employment still applies – including conditions relating to secondary employment

      9. The requirement to remain contactable between 0900 and 1700 Monday – Friday to facilitate the investigative process and to attend pre-arranged meetings. The requirement to advise both the investigating manager and the representative of any holidays.

      10. Whether any pre-booked annual leave is authorised during the suspension period.

 

Inform the employee of the problem

 

  1. If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification.

  2. The notification should also give details of the time and venue for the disciplinary meeting and advise the employee of their right to be accompanied at the meeting.

 

 

Hold a meeting with the employee to discuss the problem

 

  1. The meeting should be held without unreasonable delay whilst allowing the employee reasonable time to prepare their case.

  2. Employers and employees (and their companions) should make every effort to attend the meeting. At the meeting the employer should explain the complaint against the employee and go through the evidence that has been gathered. The employee should be allowed to set out their case and answer any allegations that have been made. The employee should also be given a reasonable opportunity to ask questions, present evidence and call relevant witnesses. They should also be given an opportunity to raise points about any information provided by witnesses. Where an employer or employee intends to call relevant witnesses they should give advance notice that they intend to do this.

 

Allow the employee to be accompanied at the meeting

 

  1. Employees have a statutory right to be accompanied by a companion where the disciplinary meeting could result in:

a formal warning being issued; or

the taking of some other disciplinary action; or

the confirmation of a warning or some other disciplinary action (appeal hearings).

  1. The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.

  2. To exercise the statutory right to be accompanied workers must make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.

11. The companion should be allowed to address the hearing to put and sum up the employee’s case, respond on behalf of the employee to any views expressed at the meeting and confer with the employee during the hearing. The companion does not, however, have the right to answer questions on the employee’s behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case.

 

Decide on appropriate action

 

  1. After the meeting decide whether or not disciplinary or any other action is justified and inform employee accordingly in writing.

  2. Where misconduct is confirmed or the employee is found to be performing unsatisfactorily it is usual to give the employee a written warning. A further act of misconduct or failure to improve performance within a set period would normally result in a final written warning.

  3. If an employee’s first misconduct or unsatisfactory performance is sufficiently serious, it may be appropriate to move directly to a final written warning. This might occur where the employee’s actions have had, or are liable to have, a serious or harmful impact on the organisation.

  4. A first or final written warning should set out the nature of the misconduct or poor performance and the change in behaviour or improvement in performance required (with timescale). The employee should be told how long the warning will remain current. The employee should be informed of the consequences of further misconduct, or failure to improve performance, within the set period following a final warning. For instance that it may result in dismissal or some other contractual penalty such as demotion or loss of seniority.

    1. Normally a first written warning will remain on file or “live” for six months,

    2. A final written warning will normally remain on file or “live” for twelve months.

  5. A decision to dismiss should only be taken by a manager who has the authority to do so. The employee should be informed as soon as possible of the reasons for the dismissal, the date on which the employment contract will end, the appropriate period of notice and their right of appeal.

  6. Some acts, termed gross misconduct, are so serious in themselves or have such serious consequences that they may call for dismissal without notice for a first offence. But a fair disciplinary process should always be followed, before dismissing for gross misconduct.

    1. The following standards are examples of those that, if not achieved, may lead to dismissal, following investigation for a first breach:

      1. Violent Conduct, physical or verbal, towards staff, customers or any other member of the public using the beach. Any serious insubordination or deliberate rudeness is unacceptable. Intimidating or threatening behaviour verbally therefore is outside this expectation, as is actual assault.

      2. Discrimination, in breach of the Equal Opportunities statutory legislation, in relation to age, gender, race, religion/belief, sexual orientation or related to socio economic factors clearly undermines the dignity of the person and would be grounds for disciplinary action against the individual.

      3. Any serious breach of respect for staff, customers or any other member of the public using the beach.

      4. Failure to declare a pecuniary interest including employment with a competitor or potential competitor without prior written consent of LGBTQ Youth Cornwall owners or their designated deputy.

      5. Confidentiality: Subject to the Public Interest Disclosure Act 1998, LGBTQ Youth Cornwall expects all staff to maintain confidentiality and to adhere high levels of good conduct

      6. Honesty: Staff are expected to treat staff, customers or any other member of the public using the beach property with honesty and respect. Behaviour including actual or attempted theft on LGBTQ Youth Cornwall or associated premises, whether on or off duty, including unauthorised borrowing of any item of property provided by the LGBTQ Youth Cornwall.

      7. Fraud including deliberate falsification of records is unacceptable. Any person who dishonestly makes a false representation to make a gain for himself or another or dishonestly fails to disclose to another person, information which he is under a legal duty to disclose, or commits fraud by abuse of position, including any offence as defined in the Fraud Act 2006

      8. Negligence; this is particularly serious where it results or could result in injury or malicious damage to persons or damage to property.

      9. Corruption: This includes failure to declare a pecuniary interest in contracts.

      10. Bribery - Giving or receiving a financial or other advantage in connection with the improper performance of a position of trust, or a function that is expected to be performed impartially or in good faith.’ (Bribery Act 2010)

      11. Conduct Outside: Criminal offences outside employment, where the offence is relevant to the nature of the employment, affects the ability of an employee to carry out duties, is likely to bring LGBTQ Youth Cornwall into disrepute, or undermines LGBTQ Youth Cornwall and confidence which exists between employer and employee. Also, a failure to inform your manager if you are arrested. (NB it is a requirement to declare all enquiries, but action will only be taken by management if relevant to employment).

      12. Failure to undertake mandatory training that is a requirement for your role.

      13. Data Protection Act 1998; disclosure of confidential information will therefore be treated very seriously; for example:

 

  1. Personal information relating to other staff members

  2. LGBTQ Youth Cornwall’s financial affairs including costings, budgets, turnover or other financial information and confidential policy documents

  3. LGBTQ Youth Cornwall’s business plans and contract arrangements (whether or not in the case of documents they are marked as confidential)

17.1.14 being unfit for duty due to the influence of alcohol and/or non-prescribed drugs/illegal drugs. Any employee reporting for duty smelling of alcohol or showing signs of substance abuse (in the reasonable view of the individual's manager) will be suspended from duty.

17.1.15 Breach of procedures and standing orders brought to the attention of employees eg. by notice of training, and which could lead to injury to persons, damage to property or damage to public confidence in the services LGBTQ Youth Cornwall provides. This also includes breach of the No Smoking and Health and Safety policy - especially where this may lead to injury to self, other persons or damage to property.

      1. Health & Safety: Failure to comply with statutory requirements of health and safety. There is a responsibility to report accidents involving yourself and others through appropriate procedures, and to pay due care and attention to the safety of yourself and others.

      2. Making or initiating public statements likely to lead to a lowering of public confidence in LGBTQ Youth Cornwall including seeking to use the media to raise issues which should properly be handled internally. Nothing in this statement is intended to restrict staff from raising legitimate concerns in the public interests although these must be raised in the first instance with an owner of LGBTQ Youth Cornwall who will provide advice.

      3. Social Networking: Inappropriate postings on social networking sites and especially where this leads to a lowering of public confidence in LGBTQ Youth Cornwall is unacceptable.

      4. Breaches of the LGBTQ Youth Cornwall Security or misuse of I.T. facilities, for example:

  1. Excessive use of the Internet / E-mail for personal reasons where it impacts on an individual’s day to day work and continues to do so.

  2. Inappropriate use of E-mail or the Internet – eg. for harassment or pornography.

  3. Obtaining and using an inappropriate level of password access (eg. by “hacking” into a computer).

  4. Using unauthorised applications software.

 

  1. Where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause the employer should make a decision on the evidence available.

 

Provide employees with an opportunity to appeal

 

  1. Where an employee feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision. Appeals should be heard without unreasonable delay and ideally at an agreed time and place. Employees should let employers know the grounds for their appeal in writing prior to the appeal meeting being held. Failure to comply with this could cause unnecessary delay to the process.

  2. The appeal should be dealt with impartially and wherever possible, by a manager who has not previously been involved in the case.

  3. Workers have a statutory right to be accompanied at appeal hearings.

  4. Employees should be informed in writing of the results of the appeal hearing as soon as possible.

 

Special cases

 

  1. Where disciplinary action is being considered against an employee who is a trade union representative the normal disciplinary procedure should be followed. Depending on the circumstances, however, it is advisable to discuss the matter at an early stage with an official employed by the union, after obtaining the employee’s agreement.

  2. If an employee is charged with, or convicted of a criminal offence this is not normally in itself reason for disciplinary action. Consideration needs to be given to what effect the charge or conviction has on the employee’s suitability to do the job and their relationship with their employer, work colleagues and customers.

CODE OF PRACTICE 1 – DISCIPLINARY AND GRIEVANCE PROCEDURES 9

 

Grievance Procedure

 

LGBTQ Youth Cornwall aims to provide the highest standards of care for its staff. Every member of staff has a role to play in achieving and sustaining high standards. LGBTQ Youth Cornwall recognises however that in the course of their work, individual staff or groups of staff collectively may at times have problems or concerns about their work, working environment, working relationships or actions of their fellow members of staff that they wish to raise and have addressed.

 

LGBTQ Youth Cornwall expects its managers and staff to make every effort to discuss and resolve differences informally and quickly, thus avoiding the need to introduce the formal procedure. It is hoped that the majority of concerns will be resolved at this stage. However, there may be instances where it becomes necessary to adopt the formal procedure.

 

  1. If it is not possible to resolve a grievance informally employees should raise the matter formally and without unreasonable delay with a manager who is not the subject of the grievance. This should be done in writing and should set out the nature of the grievance.

  2. It is essential that all parties to a grievance ensure that privacy and strict confidentiality is maintained at all times. Neither party to a grievance shall initiate any reference to the press or other media whilst this procedure is being used without the prior knowledge of the other party. Details of individual staff or students will not, in any circumstances, be released to the media. No information relating to any action taken as part of this procedure will be divulged to other staff who are not involved. Breach of confidentiality has serious implications and will result in application of the Disciplinary Procedure for those involved in the breach of confidentiality.

  3. The Public Interest Disclosure (Whistle Blowing) Act covers concerns which are in the public interest and provides the means for staff concerned about the care and safety of customers, fellow members of staff, service provision, and poor resources to report the matters in the event of the other procedures failing or being exhausted.

 

Hold a meeting with the employee to discuss the grievance

 

  1. Employers should arrange for a formal meeting to be held without unreasonable delay after a grievance is received.

  2. Employers, employees and their companions should make every effort to attend the meeting. Employees should be allowed to explain their grievance and how they think it should be resolved. Consideration should be given to adjourning the meeting for any investigation that may be necessary.

 

Allow the employee to be accompanied at the meeting

 

  1. Employees have a statutory right to be accompanied by a companion at a grievance meeting which deals with a complaint about a duty owed by the employer to the worker. So this would apply where the complaint is, for example, that the employer is not honouring the worker’s contract, or is in breach of legislation.

  2. The chosen companion may be a fellow worker, a trade union representative or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.

  3. To exercise the right to be accompanied a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.

  4. The companion should be allowed to address the hearing to put and sum up the worker’s case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing. The companion does not however, have the right to answer questions on the worker’s behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case.

 

Decide on appropriate action

 

  1. Following the meeting decide on what action, if any, to take. Decisions should be communicated to the employee, in writing, without unreasonable delay and, where appropriate, should set out what action the employer intends to take to resolve the grievance. The employee should be informed that they can appeal if they are not content with the action taken.

 

Allow the employee to take the grievance further if not resolved

 

  1. Where an employee feels that their grievance has not been satisfactorily resolved they should appeal. They should let their employer know the grounds for their appeal without unreasonable delay and in writing.

  2. Appeals should be heard without unreasonable delay and at a time and place which should be notified to the employee in advance.

  3. The appeal should be dealt with impartially and wherever possible by a manager who has not previously been involved in the case.

  4. Employees have a statutory right to be accompanied at any such appeal hearing.

  5. The outcome of the appeal should be communicated to the employee in writing without unreasonable delay.

 

Overlapping grievance and disciplinary cases

 

  1. Where an employee raises a grievance during a disciplinary process the disciplinary process may be temporarily suspended in order to deal with the grievance. Where the grievance and disciplinary cases are related it may be appropriate to deal with both issues concurrently.

 

 

 

 

 

LGBTQ Youth Cornwall

CAPABILITY POLICY AND PROCEDURE

 

 

1. INTRODUCTION

 

1.1 LGBTQ Youth Cornwall will endeavour to ensure that all staff achieve and maintain the required standard of performance in their job. The standard required will be established with each member of staff by way of Academy Values, Professional Standards and skill levels through the Performance Management Process. In short, all staff will know what is expected of them. Performance will be monitored and staff given appropriate training and support to meet the required standard.

 

1.2 This procedure is to be used when a member of staff is not meeting the required standard for their job. The reasons for this will be established and the member of staff will be given all the support needed to enable them to meet the required standard.

 

2. OVERVIEW

 

2.1 Formal capability should only be entered into where either of the following circumstances exists

 

  1. Prior to the stages below line management have carried out informal meetings, coaching and /or action planning to address issues of poor performance. The staff member will have been aware that there are performance issues and will have had a chance to address performance or

  2. The impact of the capability has a very serious and detrimental effect on other staff, service users or LGBTQ Youth Cornwall.

 

It is important to recognise that many issues of poor performance can be, and should be, resolved without recourse to the formal Capability Procedure. The formal procedure is intended as a framework and may need to be adapted to suit the needs of each situation.

 

2.2 Concerns about capability may arise from a number of factors, including:

 

  • Resources available which are crucial to the member of staff’s performance.

  • Lack of proficiency and poor overall organisation.

  • Changes in the nature and allocation of work, including heavy workload.

  • Lack of aptitude, skill or experience.

  • Personal/family difficulties.

  • Reorganisation or redefinition of role.

  • Poor attendance at work, related to ill health.

  • Service user/parent complaints

 

2.3 Concerns about capability should not be confused with disability. Where a member of staff has become disabled during their employment it is important to ensure that every effort should be made to retain them in their original job role through reasonable adjustments or redeploy them to a suitable alternative post, in line with the requirements of the Disability Discrimination Act 1995.

 

2.4 In exceptional circumstances, it may be necessary to temporarily redeploy or suspend a member of staff immediately from their normal job, e.g. staff against whom serious complaints of lack of capability and/or lack of competence have been made by students or workplace colleagues.

 

2.5 Throughout this procedure, the term ‘line manager’ is a generic term.

2.6 All staff have the right to be represented and accompanied by a representative of a trade union or workplace colleague at any stage of the formal Capability Procedure.

 

2.7 The capability procedure can be run in parallel with any other LGBTQ Youth Cornwall procedure.

3. PROCEDURE

 

3.1 FORMAL STAGE

 

1st Stage Meeting

 

After making the individual aware that there are concerns around their performance the line manager should invite the staff member to a formal meeting to review their capability in post. The member of staff has the right to be accompanied at the meeting by a Trade Union representative or colleague. A member of neo:pm HR team may be present in an advisory capacity. The meeting should not be delayed unreasonably.

 

At this meeting, the member of staff should be informed of the specific performance issues. The member of staff should be given an opportunity to respond to the issues and discuss any difficulties they have been having before the line manager makes a decision as to what action should be taken. After the formal meeting, a capability warning may be issued. This will clearly indicate the further stages of the process and possible outcomes if improvement is not achieved. The decision needs to be confirmed in writing with objectives specified via an action plan and giving clear indication of how they will be measured. An example of an action plan is shown in Appendix A. Monitoring and assessment should continue for a further period of between one and three months.

 

If a capability warning is given the staff member has the right to appeal this decision. Any appeal should be made within 5 working days in writing, or by academy email, to the senior manager of the department in which the staff member works. The senior manager will hold the appeal or appoint an appropriate manager to hear the appeal. The person holding the appeal must be more senior than the manager who issued the warning and not previously involved in issuing the warning. A member of neo:pm HR should attend the appeal in an advisory capacity. The staff member has the right to be accompanied by a Trade Union representative or LGBTQ Youth Cornwall employed colleague. The meeting should not be delayed unreasonably.

 

2nd Stage Meeting

 

The line manager should review the action plan and if targets are met the staff member should be moved out of the capability procedure. This should be confirmed in writing to the staff member. Improvement will need to be continued and sustained. Failure to improve after the review period should be followed by a repeat of the 1st Stage meeting. At this stage a final written warning may be issued, or, an alternative role may be considered.

 

If an alternative role is considered then the offer should be made in writing, explaining why it is being made. The member of staff should respond within 5 working days. LGBTQ Youth Cornwall is under no obligation to create a job for the staff member but should consider appropriate available job roles.

 

Ordinarily the 1st and 2nd stage meeting will be between the member of staff, line manager and where appropriate a member of the neo:pm HR, together with an appropriate professional advisor if necessary. The member of staff has a right to be accompanied by a Trade Union representative or work based colleague.

 

If a final capability warning is given the staff member has the right to appeal this decision. Any appeal should be made within 5 working days in writing, or by academy email, to the senior manager of the department in which the staff member works. The senior manager will hold the appeal or appoint an appropriate manager to hear the appeal. The person holding the appeal must be more senior than the manager who issued the warning and not previously involved in issuing the warning. A member of neo:pm HR should attend the appeal in an advisory capacity. The staff member has the right to be accompanied by a Trade Union representative or an LGBTQ Youth Cornwall employed colleague. The meeting should not be delayed unreasonably.

Final Stage Meeting

 

If there is no evidence of improved performance, or the impact of the capability has a very serious and detrimental effect on other staff, service users or LGBTQ Youth Cornwall, the staff member should be invited to a formal meeting. The meeting should be conducted by the Chair of Trustees, a senior member of neo:pm HR team, together with the member of staff. The member of staff will be advised of their right to be accompanied by a Trade Union representative or an LGBTQ Youth Cornwall employed colleague. If after review, it is found that the requirements of the agreed action plan have not been met, the member of staff may be dismissed on the grounds of lack of capability.

 

If dismissal is the outcome, the member of staff should be dismissed in accordance with the dismissal procedure and should be informed of their right to appeal.

 

3.3 RIGHT OF APPEAL

 

Members of staff have the right to appeal against action to dismiss under the Capability Procedure. The appeal should be made in writing to the Chair of Trustees. Written notice of an intention to appeal, and the grounds on which it is based should be submitted within 5 working days of the date of action. Appeals against action taken will be held by a panel consisting of the The Chair of Trustees (unless involved in the dismissal). A member neo:pm of HR will be present in an advisory capacity.

 

4. REVIEW

 

This Policy and Procedure will be reviewed annually. Any changes made will be subject to prior consultation with LGBTQ Youth Cornwall’s recognised Trade Union Representatives and all staff through a staff meeting.

 

 

LGBTQ Youth Cornwall – Dignity at Work Policy

Our commitment

LGBTQ Youth Cornwall is committed to creating a work environment free of harassment and bullying, where everyone is treated with dignity and respect.

Harassment and bullying can have very serious consequences for individuals and the organisation. Harassment or bullying may make people unhappy, may cause them stress and affect their health and family and social relationships, may affect their work performance and could cause them to leave their job. Severe cases of harassment and bullying can even lead to mental illness and suicide. Effects on the organisation can include loss of morale, poor work performance, increased turnover of staff, legal claims and damage to the organisation's reputation. Employees found guilty of harassment or bullying may face disciplinary penalties, up to and including dismissal, could be personally liable to pay compensation in legal claims, and may find their own family and social relationships are adversely affected. Serious harassment may be a criminal offence.

The organisation will not tolerate bullying and harassment of any kind. All allegations of bullying and harassment will be investigated and, if appropriate, disciplinary action will be taken. The organisation will also not tolerate victimisation of a person for making allegations of bullying or harassment in good faith or supporting someone to make such a complaint. Victimisation is a disciplinary offence.

The scope of this policy

This policy covers bullying and harassment of and by managers, employees, contractors, agency staff and anyone else engaged to work at the organisation, whether by direct contract with the organisation or otherwise. If the complainant or alleged harasser is not employed by the organisation, eg if the worker's contract is with an agency, this policy will apply with any necessary modifications such as that the organisation could not dismiss the worker but would instead require the agency to remove the worker, if appropriate, after investigation and disciplinary proceedings.

The policy covers bullying and harassment in the workplace and in any work-related setting outside the workplace, eg business trips and work-related social events.

What is bullying and harassment?

Bullying is offensive, intimidating, malicious or insulting behaviour, and/or an abuse or misuse of power that is meant to undermine, humiliate or injure the person on the receiving end.

Harassment is unwanted conduct related to relevant protected characteristics, which are sex, gender reassignment, race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief and age, that:

  1. has the purpose of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person; or

  2. is reasonably considered by that person to have the effect of violating his/her dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for him/her, even if this effect was not intended by the person responsible for the conduct.

Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a "joke" may offend another person. Different people find different things acceptable. Everyone has the right to decide what behaviour is acceptable to him/her and to have his/her feelings respected by others. Behaviour which any reasonable person would realise would be likely to offend will be harassment without the recipient having to make it clear in advance that behaviour of that type is not acceptable to him/her, eg sexual touching. It may not be so clear in advance that some other forms of behaviour would be unwelcome to, or could offend, a particular person, eg certain "banter", flirting or asking someone for a private drink after work. In these cases, first-time conduct which unintentionally causes offence will not be harassment but it will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to him/her.

Harassment may also occur where a person engages in unwanted conduct towards another because he/she perceives that the recipient has a protected characteristic (for example, a perception that he/she is gay or disabled), when the recipient does not, in fact, have that protected characteristic. For example, it would be harassment for an individual to tease repeatedly an individual because of an incorrect belief that that the recipient is deaf. Similarly, harassment could take place where an individual is bullied or harassed because of another person with whom the individual is connected or associated, for example if his/her child is disabled, wife is pregnant or friend is a devout Christian.

Harassment also includes circumstances where an individual is subjected to unwanted conduct from a third party, such as a client or customer. For example, it might be that a client makes a series of racist remarks to a black employee. If an employee feels that he/she has been bullied or harassed by customers, suppliers, vendors or visitors, he/she should report any such behaviour to their manager who will take appropriate action. Bullying or harassment of customers, suppliers, vendors or visitors or others will be dealt with through the disciplinary procedure.

A single incident can be harassment if it is sufficiently serious.

All bullying and harassment is misconduct and is a disciplinary offence which will be dealt with under the organisation's disciplinary policy. Bullying or harassment will often be gross misconduct, which can lead to dismissal without notice.

Bullying or harassment will constitute unlawful discrimination where it relates to one of the protected characteristics, which are sex, gender reassignment, race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief and age. Serious bullying or harassment may amount to other civil or criminal offences, eg a civil offence under the Protection from Harassment Act 1997 and criminal offences of assault.

Examples of bullying or harassment

Bullying and harassment may be misconduct that is physical, verbal or non-verbal, eg by letter or email (so-called "flame-mail").

Examples of unacceptable behaviour that are covered by this policy include (but are not limited to):

  1. physical conduct ranging from unwelcome touching to serious assault;

  2. unwelcome sexual advances;

  3. the offer of rewards for going along with sexual advances, eg promotion, access to training;

  4. threats for rejecting sexual advances, eg suggestions that refusing advances will adversely affect the employee's employment, evaluation, pay, advancement, assigned work, or any other condition of employment or career development;

  5. demeaning comments about a person's appearance;

  6. unwelcome jokes or comments of a sexual or racial nature or about an individual's age, disability, sexual orientation or religion;

  7. questions about a person's sex life;

  8. unwanted nicknames related to a person's age, race or disability;

  9. the use of obscene gestures;

  10. excluding an individual because he/she is associated or connected with someone with a protected characteristic, eg his/her child is gay, spouse is black or parent is disabled;

  11. ignoring an individual because he/she is perceived to have a protected characteristic when he/she does not, in fact, have the protected characteristic), eg an employee is thought to be Jewish, or is perceived to be a transsexual;

  12. the open display of pictures or objects with sexual or racial overtones, even if not directed at any particular person, eg magazines, calendars or pin-ups;

  13. spreading malicious rumours or insulting someone;

  14. picking on someone or setting him/her up to fail;

  15. making threats or comments about someone's job security without good reason;

  16. ridiculing someone;

  17. isolation or non-cooperation at work; and

  18. excluding someone from social activities.

What is victimisation?

Victimisation is subjecting a person to a detriment because he/she has, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing him/her or someone else, or supported someone to make a complaint or given evidence in relation to a complaint. This would include isolating someone because he/she has made a complaint or giving him/her a heavier or more difficult workload.

Provided that you act in good faith, ie you genuinely believe that what you are saying is true, you have a right not to be victimised for making a complaint or doing anything in relation to a complaint of bullying or harassment and the organisation will take appropriate action to deal with any alleged victimisation, which may include disciplinary action against anyone found to have victimised you.

Making a complaint that you know to be untrue, or giving evidence that you know to be untrue, may lead to disciplinary action being taken against you.

What should I do if I think I am being bullied or harassed?

You may be able to sort out matters informally. The person may not know that his/her behaviour is unwelcome or upsetting. An informal discussion may help him/her to understand the effects of his/her behaviour and agree to change it. You may feel able to approach the person yourself, or with the help of someone in human resources, a manager, trade union representative or another employee. Alternatively, an initial approach could be made on your behalf by one of these people. You should tell the person what behaviour you find offensive and unwelcome, and say that you would like it to stop immediately. You may want to add that, if the behaviour continues, you intend to make a formal complaint to your manager or human resources. You should keep a note of the date and what was said and done. This will be useful evidence if the unacceptable behaviour continues and you wish to make a formal complaint.

If an informal approach does not resolve matters, or you think the situation is too serious to be dealt with informally, you can make a formal complaint by using the organisation's grievance procedure. In the case of grievances about bullying or harassment, the normal grievance procedure is modified so that you can choose whether to raise your grievance with your manager or directly with the human resources department. The organisation will ensure that you can bring your complaint in the first instance to someone of your own sex, if you so choose.

In very serious cases, a criminal offence may have been committed and you may wish to report matters to the police. The human resources department can arrange for someone to accompany you to make a complaint to the police.

All complaints will be investigated promptly and, if appropriate, disciplinary proceedings will be brought against the alleged harasser. You will have the right to be accompanied by a work colleague or trade union representative of your choice at any meeting dealing with your grievance. You will be kept informed of the general progress of the process of investigation and the outcome of any disciplinary proceedings. The organisation will decide on a balance of probabilities, after considering all available evidence, whether or not harassment or bullying has occurred.

The organisation will treat complaints of bullying and harassment sensitively and maintain confidentiality to the maximum extent possible. Investigation of allegations will normally require limited disclosure on a "need to know" basis. For example, your identity and the nature of the allegations must be revealed to the person you are complaining about, so he/she is able to respond to the allegations. Some details may also have to be given to potential witnesses but the importance of confidentiality will be emphasised to them. If the complaint is upheld, and a person who has been found to have harassed you is kept in the organisation's employment, managers may need to be given some information where this is necessary for them to manage the risk of further harassment by that person against you or others.

Wherever possible, the organisation will try to ensure that you and the alleged harasser are not required to work together while the complaint is under investigation. This could involve giving you the option of remaining at home on special leave, if you wish. In a serious case, the alleged harasser may be suspended while investigation and any disciplinary proceedings are underway.

If your complaint is upheld, and the person found to have bullied or harassed you remains in the organisation's employment, every effort will be made to ensure that, if possible, you do not have to continue to work alongside the harasser, if you do not wish to do so. We will discuss the options with you. These may include the transfer of the harasser or, if you wish, you may be able to transfer to another post.

If your complaint is not upheld, the human resources department will support you, the alleged harasser and your manager(s) in making arrangements for you both to continue or resume working and to help repair working relationships. The organisation will consider making arrangements to avoid you and the alleged harasser having to continue to work alongside each other, if either of you do not wish to do this.

You have a right not to be victimised for making a complaint in good faith, even if the complaint is not upheld. However, making a complaint that you know to be untrue may lead to disciplinary action being taken against you.

Some types of bullying or harassment may constitute unlawful discrimination and may give rise to the possibility of other civil claims or criminal proceedings. Claims to an employment tribunal about unlawful discrimination must be presented to the tribunal within three months beginning with the act complained of.

What can I do to help stop bullying and harassment?

We all have a responsibility to help create and maintain a work environment free of bullying and harassment. You can help to do this by:

  1. being aware of how your own behaviour may affect others and changing it, if necessary - you can still cause offence even if you are "only joking";

  2. treating your colleagues with dignity and respect;

  3. taking a stand if you think inappropriate jokes or comments are being made;

  4. making it clear to others when you find their behaviour unacceptable, unless it should be obvious in advance that this would be the case;

  5. intervening, if possible, to stop harassment or bullying and giving support to recipients;

  6. making it clear that you find harassment and bullying unacceptable;

  7. reporting harassment or bullying to your manager or human resources and supporting the organisation in the investigation of complaints; and

  8. if a complaint of harassment or bullying is made, not prejudging or victimising the complainant or alleged harasser.

Managers have a particular responsibility to:

  • set a good example by their own behaviour;

  • ensure that there is a supportive working environment;

  • make sure that staff know what standards of behaviour are expected of them;

  • intervene to stop bullying or harassment; and

  • report promptly to human resources any complaint of bullying or harassment, or any incident of bullying or harassment witnessed by them.

What happens if I am accused of bullying or harassment?

If someone approaches you informally about your behaviour, do not dismiss the complaint out of hand because you were only joking or think the complainant is being too sensitive. Remember that different people find different things acceptable and everyone has the right to decide what behaviour is acceptable to him/her and to have his/her feelings respected by others. You may have offended someone without intending to. If that is the case, the person concerned may be content with an explanation and an apology from you and an assurance that you will be careful in future not to behave in a way that you now know may cause offence. Provided that you do not repeat the behaviour that has caused offence, that may well be the end of the matter.

If a formal complaint is made about your behaviour, this will be fully investigated and the organisation may bring disciplinary proceedings, if appropriate. The organisation will follow its disciplinary procedure and you will have the rights set out in that procedure. You will have the right to be informed of the allegations against you and to put your side of the story and to be accompanied to meetings by a trade union representative or work colleague of your choice. The procedure will be implemented at the appropriate stage for the seriousness of the allegation. Complaints of bullying and harassment will often be allegations of gross misconduct that, if proved, could lead to dismissal without notice.

The organisation will treat complaints of bullying and harassment sensitively and maintain confidentiality to the maximum extent possible. Investigation of allegations and future management of risk, if complaints are upheld, will normally require limited disclosure on a "need to know" basis. For example, some details may have to be given to potential witnesses but the importance of confidentiality will be emphasised to them.

Wherever possible, the organisation will try to ensure that you and the complainant are not required to work together while the complaint is under investigation. If the allegation is of gross misconduct, you may be suspended on full pay during the investigation and, if a disciplinary hearing is to be called, until disciplinary proceedings have been concluded.

If the complaint against you is upheld, on a balance of probabilities, a disciplinary penalty may be imposed up to and including dismissal, having regard to the seriousness of the offence and all relevant circumstances. If the complaint is upheld, but you are not dismissed, the organisation could decide to transfer you to another post.

If a complaint is made against you that is not upheld and the organisation has good grounds for believing that the complaint was not made in good faith, the organisation will take disciplinary action against the person making the false complaint.

You must not victimise a person who has made a complaint in good faith against you or anyone who has supported him/her in making the complaint or given evidence in relation to such a complaint. Disciplinary action will be taken against you if the organisation has good reason to think that you may have victimised the complainant or someone else.

If the complaint against you is not upheld, the human resources department will support you, the complainant and your manager(s) in making arrangements for you both to continue or resume working and to help repair working relationships. The organisation will consider making arrangements to avoid you and the complainant having to continue to work alongside each other, if either of you do not wish to do this.

Some types of bullying or harassment may constitute unlawful discrimination and allegations may give rise to the possibility of other civil claims or criminal proceedings against you, which would proceed independently of the organisation's disciplinary proceedings. You could be personally liable to pay compensation to the complainant if a successful claim in the employment tribunal or other courts was brought against you. Criminal proceedings could lead to conviction and criminal penalties.

Making this policy work

The organisation will provide training to all existing and new employees and others engaged to work at the organisation to help them understand their rights and responsibilities under this policy and what they can do to help create a working environment free of bullying and harassment. We will provide additional training to managers to enable them to deal more effectively with complaints of bullying and harassment.

The organisation will review the outcomes of cases where complaints of bullying and harassment have been made to check that the proper procedures have been followed and to identify any points that can be learned from those cases and implement any necessary changes.


 

LGBTQ Youth Cornwall Data Protection Policy

In the course of your work, you may come into contact with and use confidential personal information about people, such as names and addresses or even information about customers' circumstances, families, health and other private matters. This policy helps you ensure that you do not breach the Data Protection Act 1998, which provides strict rules in this area. If you are in any doubt about what you may or may not do, seek advice from your line manager. If you are in doubt and cannot get in touch with him/her or our data protection officer, do not disclose the information concerned.

LGBTQ Youth Cornwall holds personal data about you. You have consented in your employment contract to the data being used as set out in the contract. If this data changes, you should let us know so that our records can be updated.

The Data Protection Act 1998 requires that eight data protection principles be followed in the handling of personal data. These are that personal data must:

  1. be fairly and lawfully processed;

  2. be processed for limited purposes and not in any manner incompatible with those purposes;

  3. be adequate, relevant and not excessive;

  4. be accurate;

  5. not be kept for longer than is necessary;

  6. be processed in accordance with individuals' rights;

  7. be secure; and

  8. not be transferred to countries without adequate protection.

We will also have the following sensitive personal data about you and we set out how it will be used. You consent to such use.

We hold sickness records about you. You give explicit consent to our holding the following sickness information about you. We state below how it will be used.

Where we give you code words or passwords to be used before releasing personal data, for example by telephone, you must ensure that you follow our requirements strictly. You may not give information about a family member to someone else from the same family.

If you access another employee's records without authority, this will be treated as gross misconduct and is a criminal offence.

In relation to emails and faxes, you should follow the guidance in the organisation's internet and email policy, as well as the guidance set out in this policy.

Pay particular attention to the risks of transmitting confidential employee information by email or fax:

  1. Transmit information between locations only if a secure network or comparable arrangements are in place or if, in the case of email, encryption is used.

  2. Ensure that all copies of email and fax messages received by managers are held securely.

  3. The organisation provides a means by which managers can effectively expunge emails that they receive or send from the system and you are responsible for doing so.

  4. The organisation draws your attention to the risks of sending confidential, personal information by email or fax.

  5. Ensure that the information systems' security policy properly addresses the risk of transmitting employee information by email.

Do not transfer employee data to countries outside the European Economic Area (EEA) unless:

  1. the destination country has been designated as providing adequate protection by the European Commission;

  2. the destination country is the US and the recipient has signed up to the "safe harbour" principles;

  3. the employee whose data is concerned has been told about the intended transfer and has agreed to it;

  4. the transfer is to an organisation that acts only as a processor, the processor is reliable, the country in which it is located is stable and the required controller-processor contract is in place; or

  5. steps have been taken to ensure that, taking account of all the circumstances of the transfer and the Information Commissioner's guidance on international transfers, adequate protection is provided in other ways.

If you propose to export any personal data from the EEA/UK to another country, the organisation will normally require the recipient to sign in advance the standard contractual clauses of the European Commission. A copy of these is in the Annex to this policy.

Your own personal data may be sent to our subsidiaries abroad where this is necessary to post you abroad or otherwise employ you in another of our offices.

If LGBTQ Youth Cornwall sells all or part of its business, it may provide personal data about you to any prospective purchaser in the course of negotiations. So far as possible such data will be provided in an anonymous form and if this is not possible the prospective purchaser will be required to keep the information confidential. We will transfer your personal data on any transfer or sale falling within the terms of the Transfer of Undertakings (Protection of Employment) Regulations 1981.

We monitor emails and telephone calls but strictly in accordance with what is permitted under the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. You have consented to this by a term in your employment contract.

In relation to the retention of records, the organisation follows the retention periods recommended by the Information Commissioner in its Employment Practices Data Protection Code.

You should therefore treat the following as guidelines for retention times in the absence of a specific business case supporting a longer period.


 

Application form

Duration of employment

References received

1 year

Payroll and tax information

6 years

Sickness records

3 years

Annual leave records

2 years

Unpaid leave/special leave records

3 years

Annual appraisal/assessment records

5 years

Records relating to promotion, transfer, training, disciplinary matters

1 year from end of employment

References given/information to enable references to be provided

5 years from reference/end of employment

Summary of record of service, eg name, position held, dates of employment

10 years from end of employment

Records relating to accident or injury at work

12 years

Any data protection queries should be addressed to Simon Hill, Secretary of LGBTQ Youth Cornwall.

LGBTQ Youth Cornwall – Restrictive Covenants

The following restrictive covenants are express terms of your employment with LGBTQ Youth Cornwall and will be enforced. Failure to observe and comply is considered gross misconduct and will lead to formally disciplinary action and possibly dismissal.

Furthermore any losses suffered by LGBTQ Youth Cornwall as a consequence of a breach of the covenants will be pursued and remedy sought through legal proceedings.

Non-competitive restrictive covenant:-

You undertake not to compete directly or indirectly, whether as director, shareholder, employee, consultant, proprietor or agent or in any other capacity, with that part of the Employer's business with which you were involved as an employee in the [12] months prior to the termination of your employment for a period of [12] months after termination [nor take on employment with a competitor].

Non-dealing restrictive covenant:-

 

You agree that you shall not for a period of [one year] after termination of your employment supply, directly or indirectly, any goods or services to customers of the Employer with whom you had contact during the last [24] months prior to the termination of your employment, whether solicited by you or not.

Non-poaching restrictive covenant:-

You agree that you shall not for a period of [12] months after termination of your employment whether as principal or agent or employer or otherwise, whether directly or indirectly, recruit or try to recruit any person as an employee or consultant or in some other capacity if that person was at any time during the last [six] months of your employment employed by the Employer and you had regular contact with him/her through your employment with the Employer.


 

Non-solicitation restrictive covenant:-

You agree that for a period of [one year] after the termination of your employment you shall not solicit custom from any customer of the Employer with whom you had contact during the [12] months prior to the termination of your employment.


 

LGBTQ Youth Cornwall

REDUNDANCY POLICY AND PROCEDURE

 

POLICY STATEMENT

 

 

  1. INTRODUCTION

 

1.1 It is the policy of the LGBTQ Youth Cornwall to provide, as far as possible, security of employment for staff through careful forward planning and development of its human resource requirements. However, it is recognised that there may be changes in competitive conditions, organisational requirements and technological developments which may affect staffing needs. It is recognised that in order to maintain a climate of security of employment, flexibility may be required from staff in adapting to new staffing requirements, working methods, and organisational needs. It is a joint aim of the LGBTQ Youth Cornwall and its recognised Trade Unions to avoid making compulsory redundancies amongst its employees wherever possible and to prevent situations arising which threaten job security.

 

1.2 In consultation with its recognised Trade Unions the LGBTQ Youth Cornwall will seek to minimise the effect of redundancies through the provision of support to assist in finding alternative employment for redundant staff. In cases where compulsory redundancy cannot be avoided the LGBTQ Youth Cornwall will handle the redundancy in the most fair, consistent and sympathetic manner possible, and seek to minimise hardship of the employees concerned.

 

  1. WHAT IS REDUNDANCY?

 

2.1 Redundancy is defined under the Employment Rights Act 1996 when an employee is dismissed because:

"The employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was so employed;”

Or

"The employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed;"

Or

“The requirements of the business for the employees to carry out work of a particular kind has ceased or diminished or are expected to cease or diminish;”

Or

“The requirements of the business for the employees to carry out work of a particular kind, in the place where they were so employed, has ceased or diminished or are expected to cease or diminish”.

 

PROCEDURE

 

  1. CONSULTATION

 

3.1 LGBTQ Youth Cornwall will consult with staff and their recognised Trade Union Representatives at the earliest practicable opportunity whenever there appears to be a situation which could lead to any redundancies. LGBTQ Youth Cornwall will provide, in writing to staff and recognised Trade Union Representatives, the following information concerning any proposed redundancies as part of the consultation process:

  1. The reasons for the proposals

  2. The numbers and descriptions of the employees it is proposed to dismiss as redundant

  3. The total number of employees of this description employed by the LGBTQ Youth Cornwall

  4. The way in which employees will be selected for redundancy

  5. How the dismissals will be carried out, and over what period

  6. The formula to be used for determining severance pay

 

3.2 LGBTQ Youth Cornwall will give serious consideration to any proposals and representations put forward by employee groups and/or Trade Unions during the consultation period and will reply to them within the timescales specified for consultation. No employee will be given notice of dismissal until, at a minimum, the statutory consultation period is complete.

 

3.3 Legislation requires that consultation must begin at least:

 

  1. 30 days before the first dismissal takes effect if between 20 and 99 employees are to be made redundant over a period of 30 days or less

  2. 90 days before the first dismissal takes effect if 100 or more employees are to be made redundant over a period of 45 days or less.

 

In such cases, the Human Resource Department (HR) will submit form HR1 to the appropriate government department, with a copy to the relevant Trade Unions. These statutory requirements will be regarded as the minimum and the LGBTQ Youth Cornwall will aim whenever possible to begin consultation at the earliest opportunity.

 

3.4 Where a member of staff is absent during the redundancy process LGBTQ Youth Cornwall must balance the interests of the absent staff member, LGBTQ Youth Cornwall, and all other employees who may be affected by the process. LGBTQ Youth Cornwall may continue with the selection and dismissal process even where staff are absent so long as reasonable adjustments such as input to meeting by telephone have been offered. LGBTQ Youth Cornwall will contact absent staff members to ask them to notify LGBTQ Youth Cornwall of any reasonable adjustments required. Where necessary, an opportunity for a home visit should be offered to absent staff not well enough to attend a meeting on campus.

 

3.5 Where a staff member is on maternity leave LGBTQ Youth Cornwall will ensure that they are able to access vacancies and that suitable vacancies are offered to staff on maternity leave in line with current legislation.

 

  1. AVOIDING REDUNDANCIES

 

4.1 LGBTQ Youth Cornwall will seek to avoid or minimise redundancies by means of the following measures as deemed appropriate by LGBTQ Youth Cornwall in consultation with Recognised Trade Unions and employees:

 

  • Assessing the effect of “normal” staff turnover

  • Freezing or restricting recruitment

  • Filling vacancies from existing employees by redeployment and/or retraining

  • Reducing or eliminating overtime working

  • Investigating the use of alternative working arrangements, such as part time working, reduced hours, job sharing etc.

  • Trying to make savings in other areas

  • Developing viable alternatives i.e. new courses

  • Seeking volunteers for early retirement or voluntary severance where the appropriate skills and knowledge mix can be retained

  • Collectively agreeing a reduction of hours

 

 

 

  1. SELECTION METHODS

 

5.1 Where a need for redundancies has been identified, those employees directly affected will form a “pool” from which redundancies will be made which will be detailed in the consultation information as detailed above.

 

5.2 The selection criteria used may vary according to circumstances, but may include for example such considerations as:

  1. Qualifications, skills, and experience in relation to LGBTQ Youth Cornwall 's strategic and operational requirements, both current and future

  2. Other objective criteria which may be used to provide a fair basis for selection on grounds of performance or merit.

  3. Examples of matrix used for selection are attached in appendix 1.

5.3 Redundancy should not be used to deal with cases of misconduct or poor performance, for which other procedures exist. However, where a genuine redundancy situation has already arisen, and there is a requirement to identify candidates for redundancy selectively from within a pool of employees, it may be appropriate to consider overall work performance where this is demonstrable by reference to accepted and objective criteria.

 

  1. VOLUNTARY REDUNDANCY

 

6.1 Wherever possible LGBTQ Youth Cornwall will seek volunteers to achieve the required reduction in staff number. Any such volunteer will be treated as a normal redundancy and will not be expected to resign. It is not essential for volunteers to attend a formal dismissal meeting.

 

6.2 Volunteers will not be unreasonably refused, however LGBTQ Youth Cornwall must ensure that it retains the necessary balance of skills and experience amongst staff to carry out its future commitments effectively. If requests from volunteers exceed the required staff reduction then the selection criteria agreed through the consultation process will be used.

 

6.3 Staff who are accepted for voluntary redundancy may agree an appropriate leaving date with their budget holder and line manager. Holiday must be taken before any agreed early leaving date.

 

  1. SELECTION

 

7.1 As detailed above the criteria to be used in the selection process will be sent to the trade unions and employees in the area(s) where redundancies are to be made before the selection process takes place.

 

7.2 After staff and managers have had the opportunity to agree and comment on criteria, staff in the pool will be given the opportunity to submit a written response to the criteria to indicate how they feel they matched the criteria. Matrices submitted after the date, agreed by the manager, will not be accepted unless in exceptional circumstances.

 

7.3 Assessments will be undertaken by the individual’s line manager plus a member of the HR department. If it is not possible to differentiate between employees on the basis of criteria described in Section 5, a range of alternatives will be consider which include presentations, skills tests or interviews.

 

 

 

7.4 “One to one” meetings will be held between the selected employee, their line management and an HR representative. This consideration will take into account the individual's skills, levels of responsibility and seniority, and career aspirations. Consideration will be given to reasonable retraining where practicable in order to assist with redeployment into suitable alternative work

 

7.5 Once staff are identified as redundant and notified of their potential redundancy LGBTQ Youth Cornwall will actively seek suitable alternative work for them within LGBTQ Youth Cornwall prior to their redundancy taking effect. If a member of staff at risk of redundancy sees a vacancy they would like to be considered for they should express an interest in the job role by email to Human Resources. If the staff member meets minimum criteria they will be given preference in being appointed to that role over staff who are not at risk. Where staff apply for a role within LGBTQ Youth Cornwall as an alternative to redundancy they will move onto the salary level appropriate for that job role immediately they accept the role. Accrued holiday entitlement must be taken prior to commencing the new job role.

 

 

  1. DISMISSAL

 

8.1 Staff who are leaving the organisation owing to compulsory redundancy will be invited to a dismissal meeting. This meeting will not take place before the end of the legal consultation period.

 

 

  1. REDEPLOYMENT

 

9.1 Redeployment occurs where LGBTQ Youth Cornwall finds suitable alternative employment for a staff member who is under notice of redundancy. If a suitable role is found then a formal offer will be made in writing. Employees not accepting a reasonable offer of suitable alternative work may result in any potential redundancy payments not being made.

 

9.2 Staff who are redeployed to alternative posts will normally do so on the basis of a trial period of 4 weeks. Where the job role involves significant retraining then LGBTQ Youth Cornwall and staff member may agree to lengthen this period. If the trial period is successfully concluded the employee will deemed not to be redundant. Staff members who elect following an unsuccessful trial period to leave will still be entitled to receive their redundancy payments unless LGBTQ Youth Cornwall considers the alternative role is suitable alternative employment; however they will not be entitled to a further period of notice. Notice will continue to run concurrently during the trail period.

 

9.3 LGBTQ Youth Cornwall will grant employees who are under notice of redundancy reasonable time off with pay to seek alternative work, or to arrange training. They will be permitted reasonable use of LGBTQ Youth Cornwall's office facilities such as telephone, photocopier etc. to assist with this.

 

9.4 Staff who are redeployed into a suitable job role by LGBTQ Youth Cornwall will be moved onto the salary level appropriate for that job role following a contractual notice period. Staff who are transferred to another location may receive assistance with travel expenses for up to six months.

 

 

 

 

 

 

  1. APPEAL

 

10.1 Any employee, who has been issued notice of redundancy and considers that s/he has been treated unfairly in having been selected for redundancy, may appeal; the appeal should be made in writing to the Headteacher. Written notice of an intention to appeal, and the grounds on which it is based should be submitted within 5 working days of the date of written notice of dismissal. Appeals against action taken will be held in accordance with LGBTQ Youth Cornwall Dismissals Procedure

 

  1. PAYMENTS

 

11.1 Redundancy payments will be calculated for those employees who have 2 years or more continuous employment with LGBTQ Youth Cornwall. The calculation will be based on the statutory redundancy table which considers the employee’s age and length of continuous service. A copy of this can be obtained from the Human Resource advisor or more information can be obtained through the redundancy calculator at http://www.direct.gov.uk/redundancy.dsb

 

11.2 The minimum weekly wage used in these calculations will be the statutory compensation figure used in calculating Tribunal awards. LGBTQ Youth Cornwall may decide to make payments based on actual weekly salary rates which will be notified during the consultation period.

 

11.3 LGBTQ Youth Cornwall will pay due regard to the requirements of the LGPS and Teacher Pension Scheme’s where these relate to a redundancy dismissal.

 

11.4 Notice will normally be worked and Annual Leave should be taken during the notice period.

 

11.5 Employees who are made redundant (either on a voluntary or compulsory basis) will not be required to repay any relocation or training expenses normally recovered on termination. Employees must however return any LGBTQ Youth Cornwall equipment.

 

  1. REVIEW

 

12.1 This Policy and Procedure will be reviewed annually. Any changes made will be subject to prior consultation with LGBTQ Youth Cornwall’s recognised Trade Union Representatives.


 

Disipliniary and Appeal Proceedure

Meeting your communication needs:

We want to ensure that your needs are met, if you would like this information in Braille, large print, any other format or interpreted in a language other than English, please contact the HR advisors, neo:pm at This email address is being protected from spambots. You need JavaScript enabled to view it. or 07767 870438.

PURPOSE

This policy is designed to help and encourage you to achieve and maintain standards of conduct, attendance and performance. The aim is to ensure consistent and fair treatment for all. Before any formal procedure is adopted, informal discussion will take place to try to resolve the issues, unless they are serious and reasonably require the formal process.

The employer will apply the ACAS Guide to Discipline at work (2015) (The guidance document can be viewed at: http://www.acas.org.uk/media/pdf/f/m/Acas-Code-of- Practice-1-on-disciplinary-and-grievance-procedures.pdf.) The formal procedure is as follows:

PROCEDURE

  1. The employer will set out in writing the alleged conduct or performance that leads it to consider disciplinary action. 


  2. You may be suspended on full pay pending an investigation. 


  3. No action will be taken before a meeting is held. 


  4. A meeting will be held to consider the conduct or performance alleged. 


  5. You must take reasonable steps to attend the meeting. 


  6. A work colleague or trade union representative may accompany you. 


  7. The decision of the employer, and the reasons for it, will be given to you in writing. 


  8. You have the right to appeal the decision. 


DISCIPLINARY CONSEQUENCES

Stage 1 - Oral warning

If conduct or performance does not meet acceptable standards you will be given a formal oral warning. You will be advised of the reason for the warning and of your right of appeal. If improvements in performance are required, they will be discussed with you and a plan and timetable for them to be achieved will be agreed with you. A note of this oral warning will be kept; but it will be disregarded for disciplinary purposes after 12 months subject to satisfactory improvement in conduct and/or performance.

Stage 2 - Written warning

If the complaint is a serious one, or there is insufficient improvement following a previous oral warning, a written warning will be given to you. If further improvements in performance are required, they will be discussed with you and a plan and timetable for them to be achieved will be agreed with you. The employer will warn you that action under Stage 3 will be considered if there is no satisfactory improvement. A copy of this written warning will be kept; but it will be disregarded for disciplinary purposes after 12 months subject to satisfactory improvement in conduct and/or performance.

Stage 3 – Final written warning

If the misconduct is sufficiently serious to warrant only one written warning but insufficiently serious to justify dismissal or if there is still a failure to improve conduct or performance (in effect both first and final written warning) a final written warning will be given to you. This will give details of the complaint and will warn you that dismissal will result if there is no satisfactory improvement. A copy of this final written warning will be kept on file; but it will be disregarded for disciplinary purposes after 12 months (in exceptional cases the period may be longer) subject to satisfactory improvement in conduct and/or performance.

Or:

Disciplinary suspension

Alternatively, (in misconduct cases only) consideration will be given to imposing a penalty of a disciplinary suspension without pay for up to a maximum of twenty-one days.

Stage 4 – Dismissal

If conduct or performance is still unsatisfactory and you still fail to reach the prescribed standards, you may be dismissed. Only the governing body can take the decision to dismiss. You will be provided, as soon as reasonably practicable, with written reasons for the dismissal, the date on which employment will terminate and the right of appeal.

GROSS MISCONDUCT:

Gross misconduct is any misconduct sufficiently serious to destroy the trust and confidence that the employer has in you as an employee.

If you are accused of gross misconduct, the following procedure applies;

  1. The employer will set out in writing the alleged gross misconduct. 


  2. You may be suspended from work on full pay. 


  3. The employer will investigate the allegation. 


  4. On completion of the investigation, a meeting with a disciplinary panel will be held to 
consider the gross misconduct alleged. 


  5. If the disciplinary panel is satisfied that gross misconduct has occurred, you will be 
notified in writing of the decision and the reasons for it. 


  6. The result will normally be summary dismissal without notice or payment in lieu of 
notice. 


  7. You have the right to appeal the decision. 



 


 


 


 


 


 

APPEAL

If you wish to appeal any disciplinary action, the following procedure applies:

  1. The reasons for appeal must be set out in writing and delivered to the employer promptly. 


  2. A meeting will be held to consider your appeal. 


  3. You must take reasonable steps to attend the meeting. 


  4. A work colleague or trade union representative may accompany you. 


  5. The decision of the employer, and the reasons for it, will be given to you in writing.