2.1 Conditions of Operation

Policy
Annual Leave/Holidays
Compassionate Leave
Maternity Leave
The Care Staff Rota System
On Call Facility
Company Pension Scheme
Company Vehicles
Use of Own Vehicle
Telephones
Smoking and Drinking
Sickness
Termination of Employment
Disciplinary Rules
Disciplinary Appeals and Grievances
Job Location and Flexibility
Company Standing Orders
Secondary Employment
Amendments

1. Policy

To ensure that all employees clearly understand the conditions they are employed under and the procedures they must follow. The conditions also detail the company's obligations towards employees.

2. Annual Leave/Holidays

In order to manage the taking of annual leave effectively and ensure that all staff take their entitlement with the least possible disruption to the young people, the following will be applied to all requests for leave.

Annual leave must be taken proportionately. Two thirds of your annual entitlement must be taken in the first nine months.
No more than a quarter of your entitlement can be taken in the last quarter of the year i.e. January to March.
All leave requests must be authorised in the first instance by your Care Manager who will then refer to a central pool
No more than three weeks at one time will be approved.
Leave cannot be carried over.
Outstanding leave will not be paid at the end of the year. All staff are expected to take their full leave entitlement as part of their commitment to looking after their own well-being.
There must be four weeks notice for leave of one week or over.
Any meetings, which are counted as part of core hours and are missed will be deemed to be owed to the Division and must be repaid within two months.

3. Compassionate Leave

The Company will allow compassionate leave in the event of the death of an immediate family member or dependant (mother, father, brother, sister, your offspring). The number of days of paid leave granted will be at the discretion of the company and is unlikely to exceed 3 days.

However, in some cases it may be necessary to take a longer period of leave to sort out family matters. If this is the case you will be expected to take additional time as annual leave. If you have exhausted your annual leave allowance, the time off would be as unpaid leave.

4. Maternity Leave

Our Maternity Policy complies with Statutory Requirements.

4.1 Eligibility

All pregnant employees are entitled to 26 weeks' ordinary maternity leave regardless of length of service during which the employee's contract of employment will continue and all contractual benefits EXCEPT PAY will be maintained and will include holiday entitlement.

Those employees who have completed 26 weeks continuously by the beginning of the 14th week before the week the baby is due can take 26 weeks additional maternity leave, which starts at the end of ordinary maternity leave.

4.2 Right to Time off for antenatal care

A pregnant employee is entitled to paid time off during working hours to keep appointments for antenatal care.

Except in the case of her first appointment, the employee must be prepared to show her Line Manager on request:

A certificate from a registered medical practitioner, registered midwife or registered health visitor confirming she is pregnant; and
An appointment card or some other document showing that an appointment has been made.

Women are entitled to be paid at their usual rate of pay for the time they take off to keep antenatal appointments.

4.3 Notification of Maternity Leave

An employee must give 21 days notice, in writing, that she will be taking maternity leave. This must clearly state

That she is pregnant
The expected week of confinement EWC

A Maternity Certificate Mat B1 must be obtained from a doctor or registered midwife.

4.4 Employees Entitlement to SMP

SMP is available to all women who have 26 weeks continuous service and who are earning more than the limit for National Insurance contributions at the 15th week before EWC.

4.5 Statutory Maternity Pay SMP

SMP will be paid at a rate of 80% of normal weekly earnings for the first 6 weeks of payment unless this is lower than the lower rate of SMP, in which case lower rate SMP should be paid

AND

The lower rate of SMP for the remaining 12 weeks.

There is no additional SMP for twins or other multiple births. SMP is related to the pregnancy not to the number of children born.

4.6 Starting maternity leave

Employees can start maternity leave any time from the 11th week before the baby is due, provided they give at least 21 days' notice before they want to start their maternity leave of:

Their pregnancy
The expected week of childbirth and
The start date of maternity leave.

The notice for the start of maternity leave is exactly the same whether a woman qualifies only for ordinary maternity or both ordinary maternity leave and additional maternity leave.

4.7 Extended Maternity Leave

Women with more than 1 year's service at the beginning of the 11th week before the EWC qualify for the additional maternity leave period of up to 40 weeks. This comprises of up to 11 weeks before the due date, and up to 28 weeks after the birth, commencing the week the baby was actually born.

4.8 Returning to work after maternity leave

A woman who wants to come back to work before the end of ordinary or additional maternity leave must give 21 days' notice.

No notification is required for employees intending to return to work at the end of their maternity leave.

4.8 Compulsory maternity leave

The company cannot allow a woman to return to work for 2 weeks immediately following the date of the childbirth.

4.10 Annual Leave

This accrues during the 18 weeks basic period of maternity leave and during any period of paid maternity leave. It does not build up during any periods of unpaid maternity leave.

4.11 Sick Pay

Is not payable during the maternity leave.

4.12 Health and Safety

The company has a responsibility to assess risks to the health and safety of employees. Women of childbearing age, expectant and breastfeeding mothers will be informed of any risks.

4.13 The Right To Longer Maternity Leave

To qualify for a longer period of maternity leave a woman must have been employed continuously for 1 year or more at the 11th week before EWC. In these circumstances a woman is entitled to take up to 28 weeks leave following the birth date. The maximum length of maternity leave is restricted to a total of 40 weeks.

In these circumstances, a notice of intention to return must be given at least 21 days beforehand.

4.14 Right To Return To Work

An employee who returns to work will continue to be employed on terms and conditions no less favourable than if she had not been absent. Her continuity of employment will not be broken.

5. The Care Staff Rota System

The hours of work cannot be set by nature of the job. The company operates a shift system with two staff teams working back to back

6. On Call Facility

The out of hours on-call system means that there is always access to a Care Manager by telephone, and by physical support. The on-call mobile is operated on a rota basis by all Care Managers. If the on-call person is not available or has been unable to receive a call, a Director of Care is on rota as a second line of call and to support the on-call manager if necessary.(e.g. child protection issues).

Normally issues are best dealt with by the Care Manager who has first hand knowledge of the young person and the team and therefore the general rule of using this emergency facility is, if it can wait until 8.00 in the morning - let it!

For those away from their home base, for example on an activity break or holiday, the brief is much broader. It is really OK to ring any time. You are out there on your own, a long way away and support is available if you feel that it is required.

Many of the calls that are received by the on-call Care Manager are to do with staff reporting absences so that cover can be arranged. This cannot always be resolved immediately, therefore as much notice as possible is required for there to be a successful resolution to this issue. Until cover can be arranged there is an expectation that the member of staff already supporting the young person will remain on duty until cover can be arranged.

To summarise, you are expected to show initiative and common sense, to be capable of handling most contingencies competently on your own, to have a thorough awareness of procedures outlined in the Staff Guidance Manual, but when you really need support, to make sure that you ask for it and get it.

7. Company Pension Scheme

The company operates a pension scheme that all staff are eligible to join. Staff can make personal contributions if they wish from any date and the company will contribute a fixed amount after 12 months service. Staff will be informed of the details of the pension scheme during their induction training. It is up to the individual to request to join the scheme if they wish, at any time after they become eligible.

8. Company Vehicles

8.1	General
	All company vehicles remain the responsibility of the Care Manager of the home they are allocated to (whether owned by the Company or on a hire contract). Managers must ensure that all vehicles are: serviced in accordance with manufacturer's guidelines kept in a roadworthy state maintained to an acceptable level of cleanliness checked by staff at every handover and condition recorded. Any damage (internal or external) is fully investigated and an outcome is submitted to the Service Managers. adhering to the statutory laws regarding safety, i.e. the number of persons in the car corresponds to the number of seat belts. Not lent to Company employees without express permission from senior management. Selection of company cars is important and consideration should be given to twin air bags being a minimum requirement.
	8.1.1	Any defects or concerns regarding vehicle safety must be reported immediately to Keith Harrington, Service Manager.
	8.1.2	When driving company vehicles staff must always act in a safe and legal manner. Staff are personally responsible for any offences committed whilst in a company vehicle and for paying any fines incurred - e.g. parking or speeding offences. Staff must understand the importance of their driving with regards to the safety of both their passenger(s) and themselves, the care of the vehicles and the law.
	8.1.3	High visibility waistcoats and warning triangles should be purchased in sufficient numbers and must be worn/used by drivers and passengers involved in road traffic accidents or breakdowns.
	8.1.4	Every road traffic accident should be reported to and investigated by the Care Manager.
	8.1.5	Driving Licences should be checked annually and members of staff reminded of their duty to inform the Company of any changes in circumstances as regards driving company vehicles.
	8.1.6	Mobile telephones are not to be used by drivers whilst vehicles are in motion, unless the installation meets the requirements of the law effective from December 1st 2003. The caller should always enquire as to whether it is safe to the driver to talk.
	8.1.7	Members of staff who have a poor driving history are to be subject to a driving assessment.
	8.1.8	The driving history of new members of staff should be explored in detail before the offer of employment is considered.
8.2	Excess Liability
	In case of an accident, excess payment of £250 is liable to be paid by any member of staff who was the driver of the vehicle, if they are deemed fully or partially responsible. Any fines, (speeding, fixed penalty, etc.) incurred while driving the company vehicles, are the financial responsibility of the driver. With regard to above - dependent on investigation outcome, Disciplinary Action may be taken. Failure by a Bryn Melyn employee to report any damage to a company vehicle will result in Disciplinary Action.
8.3	Insurance for Spouse Drivers
	Pool cars are NOT INSURED for spouse drivers and should not be used by anyone other than Company personnel and only for business purposes.
8.4	Vehicle Repair or Maintenance
	All repairs and servicing, glass and tyre replacement must be carried out by a dealer approved by the Company and arranged via Head Office.
8.5	Mileage Logs
	Each vehicle for which the Care Manager is responsible must have a fully completed monthly mileage log. This must then be passed to the Service Manager.
8.6	Breakdown
	All vehicles are covered by 24 hour Roadside Assistance. Again, the appropriate telephone numbers will be supplied with the vehicle's documentation.
8.7	Young People
	No young people should be left or allowed in a Company vehicle unaccompanied by an employee. No young person should at any time have access to the vehicle keys. Vehicles must be locked at all times, including when on site or at its location base. There is a no smoking policy in operation for all company vehicles. The Management of the Company reserves the right to refuse the use of it's vehicles at it's discretion.
8.8	Weekly Vehicle Checklist
	To ensure all vehicles remain in a safe and roadworthy condition, weekly inspections must be completed by the care team. It is the responsibility of the Care Manager to ensure that the checks are undertaken and the Vehicle Check Log is completed. The Care Manager must counter-sign all vehicle checks to ensure that they are carried out. NB It must be recognised by all employees that the above requirements are paramount to ensure the safety of both staff and young people. Therefore, failure by the Care Manager to take responsibility for their allocated vehicles will be a competency issue.
8.8	Vehicle Security
	Where the property includes a garage, vehicles should be garaged overnight. Where a driveway or private yard is available, cars should be parked overnight in this space. Where vehicles are parked on public highways, they must be parked with due regard to safety, highway regulations and security, and wherever possible, within sight of the house. Staff members may leave their own vehicle at any Bryn Melyn Care property whilst on shift or away on project. However, Bryn Melyn Care can accept no responsibility for the safety and security of such vehicles. Monies or confidential information must not be left unattended in a vehicle.

9. Use of Own Vehicle

The use of employees' own vehicles should be limited and must be authorised by your Manager. However, in the case of such use, the employee must ensure that they have a fully comprehensive insurance policy, with an inserted clause recognizing the use of the vehicle for business purposes. A third party fire and theft policy is insufficient. Mileage allowances will not be paid for unauthorised usage.

10. Telephones

Staff are not permitted to use the Home's business lines to make personal calls except in exceptional circumstances.

Staff may not use mobile telephones whilst at work unless the manager of the home has approved it. Mobile 'phones used by staff may not have camera, picture or video applications.

11. Smoking and Drinking

The Company operates a no smoking policy in all of its buildings and company vehicles. Smoking is allowed in designated areas but not in the presence of young people living at the home.

Staff are not permitted to either give cigarettes to young people or purchase any tobacco products for them.

Young people who are admitted who have a known history of smoking will be discouraged and the appropriate health advice given.

Any young person who does smoke is not allowed to smoke within the home or company vehicle and will be asked to hand in their smoking apparatus before going to bed.

Only in exceptional circumstances and with the Direcot of Care's permission do staff have a small alcoholic drink whilst on duty (e.g. Christmas lunch).

Under no circumstances do staff use any illegal drug or substance in the home nor does a member of staff take any such substance into the home.

12. Sickness

If staff are unable to work due to sickness they must follow the company sickness procedure. See Staff Sickness Procedure.

The company strongly recommends staff ensure that they have adequate insurance cover or financial backup in the event of a prolonged illness.

13. Termination of Employment

All notice periods are subject to contract. Any concerns about period of notice should be addressed prior to an employee signing their contract.

Staff with less than two years service will be given two weeks notice of termination of their contract, those with more than two years service will be given four weeks notice; in cases of dismissal, staff may be given payment in lieu of notice.

Staff will be invited to undertake an Exit Interview with the Care Manager and will be asked to complete an Exit Interview Form which must be signed off by either Care Manager and Accounts Manager to ensure that all Company property keys etc. have been returned. Final salary will not be paid until the Leavers Form has been fully completed.

14. Disciplinary Rules

The disciplinary rules applicable to you are set out in Disciplinary Procedure and contain a list of the disciplinary rules.

15. Disciplinary Appeals and Grievances

For fuller information see separate Disciplinary Procedure and, Grievance Procedures.

16. Job Location and Flexibility

The Company's aim is to achieve a level of stability in terms of work place and shift pattern. However, it may be necessary from time to time to change work location, shift pattern or move within the staff teams. The Company will take all reasonable steps to ensure staff are advised of any planned moves in advance, but occasionally these could be at very short notice to cope with a crisis situation

or unexpected new admission. The company will consider reimbursement of any out of pocket expense incurred as a result of such a move.

17. Company Standing Orders

You must not, unless specifically authorised in writing to do so by your immediate superior:

Undertake any employment, or act for or on behalf of any other person, business or company during your employment with the Company.
Engage in any activity which is inconsistent with the Company's best interests or which might bring the Company into disrepute.
Receive any ex-gratia payments, gifts in lieu of payment or any other form of remuneration from suppliers.

18. Secondary Employment

Staff may not undertake employment other than for this company/organisation without the approval, in writing, of the manager of the home or Responsible Individual.

19. Amendments

These terms and conditions are not totally exhaustive; any substantial amendments will be notified in writing.

End