COMPANY HANDBOOK
INTRODUCTION
Welcome
If you have recently joined our Bar/Restaurant, we extend a warm welcome to you and hope that you will enjoy working with us both now and in the future.
We aim to foster a working environment where all employees can operate in a safe, open and trusting environment, with all employees having respect for each other.
We embrace diversity in the workplace and are committed to ensuring equal opportunities for all our staff. We will not condone any discriminatory acts or attitudes, whether perpetrated by our staff, or towards our staff.
We ask that you study carefully the contents of this handbook as it sets out our rules and procedures and other information which may be useful to you. If you have any queries regarding this handbook, please speak to the General Manager.
Once you have read and digested the information contained in this booklet, please sign and date your individual Statement of Particulars to confirm your receipt and your understanding of the contents.
The contents of this handbook may well be amended from time to time as a result of changing legislation, as our Bar/Restaurant’s needs change, or for any other reason we deem appropriate. You will be informed of any such changes as they happen.
Job Roles
Whilst you have been employed in a particular job role, we may need you to carry out various duties outside of this role and it is a condition of your employment that you do so when required. We will only ask you to perform duties which we feel you are capable of performing.
Place of Work
To ensure the effective and efficient running of the Bar/Restaurant as a whole, you may need to work at locations other than ones you are accustomed to and it is a condition of your employment that you do so when requested. If you have any particular problem in complying with any request, then you should discuss your reasons in full with the Duty Manager who will then make a decision as to the validity of your non-compliance.
YOUR EMPLOYMENT WITH US
We believe that our staff are our greatest assets. For many of our staff, you are the face of our Bar/Restaurant and as such, clients, customers and members of the public will judge us on how you perform your job and present yourself to them.
We aim to provide you with the information and skills necessary for you to carry out your job to the best of your ability.
Probationary Period
When commencing employment with us, the initial period of employment will be on a probationary basis and is normally for a three months’ period, unless denoted otherwise in your Statement of Principal Terms of Employment. This period of time is to allow us to assess your performance and for you to decide if you wish to continue your employment with us. At any time during this period we may, if we are unhappy with your progress, extend your probationary period or, if we feel it is appropriate, terminate your employment without recourse to our full disciplinary procedures.
Induction
Your induction programme is designed so that you fit in quickly and effectively. You will meet your new colleagues and you will receive information on the Bar/Restaurant. You will normally be issued with your terms and conditions of employment, advised of the core Bar/Restaurant rules and given an explanation with regard to the Bar/Restaurant’s health, hygiene and safety procedures.
Training
We understand that if staff are properly trained to carry out their duties, they will be able to do so more effectively and efficiently. If you feel you need any further training at any time during your employment to enable you to carry out your job properly, you should discuss the matter with the Duty Manager to evaluate your situation.
Appraisal and Review
We will carry out annual appraisals with you with a view to maximising your potential within our Bar/Restaurant. The appraisal should be a two way process, giving you ample time and opportunity to discuss your role. The aim of the appraisal is to identify where you excel, where you need any further help or guidance, and if appropriate, agree future objectives. You will then have regular, informal update meetings throughout the year to measure your progress against the objectives.
REMUNERATION
Payments
Your salary or hourly rate of pay is detailed on your Statement of Principal Terms of Employment.
Wages are normally paid each Monday, directly into you nominated bank account. If you have any queries regarding your pay, you should direct them to accounts. The pay week is Friday to Thursday The payment is made the following Monday into nominated bank account.
Deductions and Overpayments
Your wages or salaries are subject to the necessary Income Tax and National Insurance deductions each week/month as detailed on your payslip. If you are late or absent from work, we may also make a deduction, based on your normal rate of pay for the time you were absent, (save for any statutory payments such as Statutory Sick Pay (SSP), time off for ante-natal appointments, or contractual sickness pay etc.).
If any overpayment of wages is made, for whatever reason we will inform you as soon as possible of the amount and reason for the overpayment and will then normally deduct the amount overpaid from the first wage or salary paid to you after discovery of the overpayment. If you are overpaid at any time, you must inform the Duty Manager immediately. Failure to do so could be regarded as a disciplinary offence.
Deductions will also be made by us if a court order is in place instructing us to do so, or for any other amount we are contractually allowed to deduct or to which you agree.
Lateness and Absence
If you arrive for work late, we will make a deduction from your wages or salary based on your hourly rate of pay. If you arrive for work more than one hour late and have not notified us before your expected starting time and/or, without having provided us with an acceptable reason for the delay, we may find it necessary to cover your duties, or disperse your workload to other staff, or reschedule work in other ways. In the event of one of these scenarios we reserve the right to send you home for the remainder of the day without pay.
Signing In and Out
To comply with health and safety regulations you must sign in via the till system any time you enter the building, and you must sign out any time you leave the premises. You must not for any reason falsely sign another person in or out of the building, unless authorised to do so by the General Manager. Failure to adhere to this instruction will result in disciplinary action. Payment is made to the nearest quarter hour from the start and end of the shift.
Lay Off and Short Time Working
If we are unable to provide you with work we may need to lay you off for a period of time or reduce your working week whilst we try to resolve the situation. We will normally only invoke this right as a last resort and for as short a time as necessary. Your continuity of employment with us will be protected during such a situation.
HOLIDAYS
Your annual holiday entitlement, including public/bank holidays, is detailed in your Statement of Principal Terms of employment.
We believe that your holidays from work are an important aid to balancing your working life with your life away from work and for health reasons. With this consideration in mind, we encourage you to take your full entitlement each year. We will not normally allow you to carry forward any of your holiday entitlement from one year to the next, nor will we make any payment in lieu of unused holiday entitlement.
If you feel you have a particular need to carry forward some of your holidays into the following year, you should discuss your reasons with the General Manager, who will consider any mitigating circumstances which may support your request, providing this does not compromise any current legislation.
You should request time off via deputy if you wish to book a holiday away from work. You will be notified as soon as possible if you are authorised to take the time off work on your preferred dates. Requests for time off will not be unreasonably refused, however due consideration will need to be given to the impact of your absence on the Bar/Restaurant.
We strongly advise that you ensure you have obtained authorisation to take the time off before you commit yourself outside of work. If, for example, you book a holiday with a travel company and we cannot support your request for time away from work, we will not be held accountable for any monies you stand to lose as a result. If you choose to take the time away from work irrespective of the fact that your request has been refused, we will treat this as a disciplinary offence and will invoke our disciplinary procedures.
If you know that you will want to take specific days away from work as holidays, we recommend that you submit your request as early as possible to avoid disappointment. In any event, we require a minimum of one weeks’ notice for any odd single days holiday and four weeks’ notice for any holiday in excess of a week, unless this is not possible due to unforeseen circumstances, and due consideration will be given to your request.
Due to the nature of the business annual leave will not be authorised during the company’s busiest periods which are, June, July, August and December.
Dependent upon your role within the Company, you may need to save ten days from your annual holiday entitlement to take during the first two weeks of January. You will be notified if this is applicable to you. If you have not accrued sufficient holidays to cover this period, this period of leave will be unpaid.
All staff must not request or be granted a weekend off during the period of December. If you wish to have it off this must be authorised in writing or email from head office.
To obtain payed holiday pay you must request the days you want off via deputy app
ABSENCE FROM WORK AND LATENESS
Attendance
You should arrive at work in sufficient time to actually start working at your normal starting time. Whilst we understand that on limited occasions, unexpected occurrences may impact your ability to attend work, or may cause you to arrive late. Lateness and absence have an adverse impact to both the business and other employees and we trust that you will take a positive approach to punctuality and attendance at work.
Reporting Absence or Lateness
If you are unable to attend work, or get to work by your expected starting time, you should notify us as soon as possible and at least by your expected start time, to allow us to take the necessary action to cover your absence and minimise any impact it may have.
You should speak personally by telephone to the General Manager/Duty Manager to inform us of your absence from work.
If your Line Manager is unavailable, ensure you speak with another member of the management team.
You should inform us of the reason for your absence and how long you expect to be away from work. We will then agree with you any further reporting procedures you may need to comply with prior to your return to work.
You should always report your absence yourself by telephone or text. You should not ask another person to call on your behalf and you should not notify us by email or any other medium.
Failure by any employee to contact the Duty Manager during absence in accordance with this procedure will normally be considered unauthorised absence and result in the employee being liable to loss of pay for the period of absence and to disciplinary action.
This will not normally be remedied by the subsequent receipt of a back-dated medical certificate.
Fit Notes
Your doctor may feel that it is appropriate to suggest that whilst you are unable to carry out your job in its current form, you may be fit for work with some adjustments. If so, the Duty Manager will discuss your doctor’s recommendations with you and where possible we will consider reasonable adjustments.
Returning to Work after a Period of Absence
You should notify the Duty Manager the day before your return to allow us to give sufficient notice to cancel any arrangements we may have made with any individual to cover your workload during your absence. If you arrive for work without such notification, we may send you home from work for the day without pay.
If you have been suffering from any contagious or infectious disease you should ensure that your doctor is happy for you to return before you do so.
Upon your return to work you will be required to attend a return to work interview with the General Manager.
If we feel that your lateness and/or absence are unacceptable, we may invoke the disciplinary process, which could ultimately lead to your dismissal.
Absence Due to Sickness or Injury
If you are absent for a period in excess of seven calendar days, (irrelevant if these constitute your normal working days or not) you should provide us with a medical certificate from your GP or other relevant medical practitioner. Such medical certificates should then be forwarded to us on a regular basis to cover the whole period of your absence. If your absence is for a period of seven calendar days or less, you will be required to complete a Self-Certification of Absence form on the first day of your return to work.
The above documentation is required irrelevant of whether or not you qualify for any payment during your absence.
Dependent upon your circumstances, you may be eligible for SSP during your absence, in line with current legislation. However, if you fail to follow our procedures for reporting and certifying your absence without good reason, we may withhold payment of SSP Payments and/or any contractual sick and injury payments and/or may treat it as a disciplinary matter.
Submission of medical certificates, although validating your reason for absence, will not necessarily prevent us from taking appropriate action, including invoking the disciplinary process, if we feel your cumulative absence from work is excessive.
Depending upon the circumstances of your absence/s from work, we may ask you to allow us to approach your GP or another member of the medical profession with a view to obtaining further information on your condition. We may then consider if there are any reasonable adjustments which we could implement to help you to improve your attendance. It may be necessary, if acceptable solutions cannot be found, to terminate your employment with us, in line with current legislation.
If you qualify for SSP this will be paid to you at times and in the manner you would normally receive your wages or salary. Failure to supply the relevant certification of absence will result in non-payment of SSP. The first three days of absence in any 56 day period are ‘waiting days’ and as such will not command any payment of SSP.
Any entitlement to Contractual Sickness and Injury pay will be detailed in your Statement of Main Particulars of Employment. If any such payments are made to you whilst you are away from work, they will be inclusive of any entitlement you may have to SSP, or any other alternative benefit or payment you may receive.
If you pursue a claim for compensation from any person, company or other entity for the injury or illness you incurred, you should consider including loss of income in the claim as we reserve the right to recover any SSP or Contractual Payments we made to you during your absence from work from any compensation which may be awarded to you.
Time Off for Medical Appointments
If you need to visit the doctor or dentist, wherever possible, you should arrange the appointment outside of your normal working hours. If the doctor or dentist cannot facilitate this then the appointment should be made as close to your starting or finishing time as possible or taken as annual leave subject to the holiday booking procedures as denoted earlier in this handbook.
You should discuss the absence with the Duty Manager and give us as much notice as possible of your intended absence from work. Whilst we appreciate that this is not always possible with an emergency GP appointment, you would normally be given adequate notice to attend other kinds of appointments. Other than for emergency appointments you should provide the Duty Manager with a copy of your appointment card, letter etc. In the event of an emergency appointment we may ask you to provide evidence of your appointment so that we can monitor your on-going welfare.
Such time off will normally be without pay.
Time Off for Dependants
There may be occasions when you need to take a reasonable amount of time off during working hours to deal with unforeseen matters and emergencies relating to a dependant. A dependant could be a spouse, partner, child, parent, or someone who depends on you for care.
The leave can be taken for example to:
• Deal with a breakdown in childcare;
• To put longer term care in place for children or elderly relatives; or
• If a dependant falls ill or is taken into hospital.
You have a statutory right to a reasonable amount of time off to deal with any such matter.
The legislation does not prescribe what amount of time is reasonable but does suggest that in most cases a day or two will be sufficient to deal with the immediate crisis. If you wish to take time off work you must speak to the Duty Manager to discuss your situation and agree a reasonable amount of time away from work, which will normally be without pay.
Time Off for Parental Leave
If you have at least twelve months service with us and you wish to exercise your right to take parental leave, please speak to the Duty Manager who will advise you further regarding your entitlement and agree the time off at a time agreeable to both you and the Bar/Restaurant. Parental Leave is unpaid leave.
Time Off for Maternity
If you become pregnant, we recommend that you speak to the Duty Manager in confidence as soon as you are aware of your condition. Your safety and that of your unborn child are important to us and we would want to look at any adjustments we may need to make to your work or working conditions to help ensure that you are both kept safe.
We would also ensure that you were made fully aware of both your obligations and entitlements at an early stage, to help you plan.
Time Off when Adopting a Child
Dependent upon your length of service with us, you may be entitled to time away from work on adoption leave and may qualify for Statutory Adoption Pay. If you are adopting a child, the Duty Manager will be able to advise you of your rights and obligations.
Time Off for Paternity Leave
If your partner is pregnant or you are both adopting a child, you may be entitled to take time away from work, which dependent upon your circumstances may command Statutory Paternity Pay. Please speak to the Duty Manager who will explain in full your obligations and your rights.
Shared Parental Leave
Should you wish to exercise your right to Shared Parental Leave, you should contact the Duty Manager who will discuss your individual entitlements should you meet the eligibility requirements.
Time Off for Bereavement
In the sad event of a bereavement of a member of your family or a close friend, please discuss your circumstances with the Duty Manager and agree appropriate time away from work. Pay for such time off is at the discretion of the Duty Manager.
Time Off for Any other Reason
If you need to take time off for any other reason than covered by the paragraphs above, you must speak to the Duty Manager as soon as you are aware of the need to take time off work. They will decide whether or not the absence request is reasonable and if we can support the time away from work. You will not normally be paid for the time off.
BEHAVIOUR AT WORK
Dress Code
When working for us, you are representing the Bar/Restaurant, and as such clients, customers, members of the public and other persons will judge our Bar/Restaurant on how you present yourself and how you behave.
It is therefore, important that all our employees take care with their personal hygiene and grooming at all times. Clothes appropriate to your job role must be worn at all times whilst at work. You should wear black shoes, black trousers or skirt and a black or white top. Where working with food or drink an apron must be worn. Colour accessories are permitted. This dress code does not apply to management.
If you are issued with items of Personal Protective Equipment, then these must be worn at all times as appropriate or as instructed. Your failure to do so will be treated as a serious matter and may lead to disciplinary action.
Food Hygiene Rules
You should wash your hands regularly throughout your shift, particularly before commencing work, visiting the toilet, smoking, handling raw foods etc.
You should take all necessary steps to ensure that you do not present yourself in front of any customer or in any food preparation area smelling of smoke.
Any cuts, grazes or burns must be covered with an approved dressing from the First Aid Box. Skin coloured dressings should not be used.
If you are preparing any food, you should not wear any jewellery other than a plain wedding band.
You must follow all of our rules and procedures to ensure that there is no cross-contamination of raw and cooked foods.
All food preparation surfaces and tables etc. should be regularly cleaned. You should only use the cleaning materials provided.
Nail polish and false nails are not allowed to be worn. This includes semi-permanent nails such as acrylic or gel etc.
Uniforms and items of Personal Protective Clothing which have been issued to you, such as aprons etc., must be worn at all times when at work.
Long or mid-length hair should be tied up.
If you contract an infection or contagious illness, or have a bowel disorder, tummy upset, boils, infection etc., you should check with your doctor if you are safe to work in a food environment. You should also notify the Duty Manager of any such condition before you commence your working day.
Alcohol, Medication and Drugs
Whilst we understand that you have a right to a private life and would not wish to impede on that, it is also important that, when attending work, you are fit to do so. Therefore, if we suspect that you attend work still under the influence of alcohol or any drug which has been consumed or taken prior to you commencing work, we may send you home for the remainder of the day without pay. Such events may also result in disciplinary action.
Possession or consumption of alcohol or drugs during your working hours is strictly forbidden. If you are found to have done so you will be subject to disciplinary action, which may lead to your summary dismissal for gross misconduct.
If you are prescribed any medication by a medical professional, or you are taking any ‘over-the-counter” medication which may affect your performance at work, you must notify the Duty Manager so that appropriate action may be taken, if necessary, to ensure the safety of yourself or any other person.
Dispensing, distributing, possessing, using, selling or offering to buy controlled drugs at work is prohibited. Any such activity (including reasonable suspicion of it) on the Bar/Restaurant's premises may be reported immediately to the police and will incur the disciplinary process. We consider such actions to be Gross Misconduct.
Any employee who is required to drive in the course of their employment must not drink immediately before driving and must not take any drugs or medication that would impair your driving. You must be satisfied that you are competent to drive and would not be in breach of any law or regulation in doing so. Driving on Bar/Restaurant business whilst under the influence of alcohol in excess of the legal limits will be considered to be gross misconduct.
Medications that may affect your driving include, but are not limited to:
• Clonazepam
• Diazepam
• Flunitrazepam
• Lorazepam
• Methadone
• Morphine or opiate and opioid-based drugs
• Oxazepam
• Temazepam
If you are taking any drugs and/or medication and are unsure if you should drive you should talk to your doctor, pharmacist or healthcare professional.
Telephones
The Bar/Restaurant’s telephones are for business use only. Whilst we appreciate that you may wish to make or receive occasional personal calls, these must be kept to an absolute minimum and only when authorised. If we feel that the calls are excessive in quantity or length then we will charge you for the cost of the calls, by deducting the appropriate cost from your wages or salary. Dependent upon the circumstances, you may also be subject to disciplinary action.
Personal mobile phones should be switched off during normal working hours. If you are working remotely, then your phone may be switched on to enable people to contact you in an emergency but the use should be kept to a minimum. Under no circumstances should the use of any mobile phone, whether personal or Bar/Restaurant owned, be allowed to compromise the safety of yourself or others.
Selling of Goods at Work
If you intend to sell any items whilst at work, permission must first be given by the General Manager. No pressure should be put on any member of staff to buy any items. Under no circumstances may you sell any item to any customer or client, or sell any item which could be seen to be working in competition with us. Authorised items may only be sold on our premises during recognised breaks.
Collections at Work
Whilst we will not unreasonably object to small occasional collections for birthdays etc., you must first obtain permission from the Duty Manager before arranging any collection to enable us to ensure that the nature of the collection and the number and frequency of collections does not become a burden to any employees. We will not normally allow clients or customers to be approached to add to any collection.
Losses and Damages
Whilst we understand that accidents do happen, we expect that you should take all reasonable care with all Bar/Restaurant, clients/customers, or any third party’s property. If we suffer any loss or damage to any property or stock or equipment which is due to your failure to follow our rules or procedures, or your deliberate vandalism, or unreasonable carelessness or neglect, then we will deduct the cost of repair or replacement of any item from any salary/wage, holiday pay, sickness payment or any other monies owed to you by the Bar/Restaurant.
If we suffer any loss, fine or cost due to your actions and failure to follow our rules, procedures or legal requirements, or your carelessness or neglect, then we will deduct the cost of the loss or fine from any money owed to you by the Bar/Restaurant.
Security of Premises
If you are issued with a key for any of our premises, you must ensure that any keys are kept safe and secure at all times. Under no circumstances are you allowed to make copies or give authority for an unauthorised person to use the key/s. The Duty Manager must be informed immediately if your key/s are lost or stolen. Your failure to comply with these rules may result in disciplinary action.
If you are the last member of staff to leave the premises at the end of the day you must ensure that all customers and other individuals have left the building, all lights and electrical equipment has been switched off, the alarms are activated, doors and windows are closed and locked, the shutters are closed and the premises are left safe and secure
Employee’s Property
We request that you do not bring any of your own unnecessary personal property with you during working hours. Any personal property that you do bring with you is your own responsibility and the Bar/Restaurant will not accept any liability for any loss or damage that is caused to your personal property.
General Behaviour and Standards
An efficiently run Bar/Restaurant is our aim and we expect you to help us achieve this goal. You play an important role in ensuring that we operate in a cost-effective and efficient manner. In particular, we expect that you handle all stock and property etc. with care to minimise any loss or damage. You should always try not to waste energy by leaving any unnecessary lighting, heating or equipment turned on when not in use and that, if your job role is quiet or you have a downturn in work, you help other colleagues as appropriate. If there is no work of your own available for you to complete, then you should contact the Duty Manager who will delegate work as appropriate.
Under no circumstances should you take any action which may compromise the health or safety of yourself or others.
Private Work
If you wish to carry out any private work in your own time, you must discuss the matter in advance with the Duty Manager and gain written authorisation. Whilst we will not unreasonably forbid you from performing such work, we will need to ensure that you are not working in competition with us or performing work which the Bar/Restaurant could reasonably have been expected to carry out.
If you are found to be working in competition with us or carrying out work which could have been performed by the Bar/Restaurant, or carrying out your own private work during the Bar/Restaurant’s time we will view this as Gross Misconduct and it could lead to your summary dismissal.
Carrying out any private work should not impact on your performance at work. If such work takes you over an average of 48 hours’ work a week (in total for both jobs) then you will be required to sign a 48 hour opt-out form.
Tabs
If a customer or a table, open a tab, you should ensure that all items of food and beverages are entered accurately onto the tab at the time of ordering. If items are found to be missing from the tab and as a result the customer fails to pay for any items, the cost of such items will be deducted from any monies owing to you.
If you wish a tab to be raised to collate items of food and beverage for yourself or your family, you should ask another member of staff to do so for you and to take your payment to settle your tab. You must not raise a tab for yourself or settle a tab which has been raised for you.
Walkouts
If a customer walks out on a table you are responsible for you will be required to settle 50% of the bill.
CCTV
This policy sets out how our approach to the use of CCTV in the workplace affects our employees. Cameras are installed on our premises primarily for ensuring the safety of staff and customers and also for the purpose of detecting and preventing crime.
Limits on use of CCTV
CCTV cameras will not be operated in toilets, private offices or changing rooms, unless this is necessary to gather information which could not reasonably be gathered by any other means. CCTV will be used in this way only where it is a proportionate means of achieving the aim in the circumstances.
Covert CCTV will only ever be set up for the investigation or detection of crime or serious misconduct. The use of covert CCTV will be justified only in circumstances where the investigator has a reasonable suspicion that the crime or serious misconduct is taking place and where CCTV use is likely to be a proportionate means of securing evidence.
Evidence from CCTV footage in disciplinary meetings
CCTV evidence may be used against you in disciplinary proceedings and if so, you will be given a chance to see and respond to the images in these circumstances.
Storage of CCTV footage
Images from CCTV footage will be securely stored and only authorised personnel will have access to them. The images will be retained only long enough for an incident to come to light and any investigation to be conducted.
Subs
Under no circumstances may you take any sub from the till without express permission from the General Manager. If you are found to have done so, the amount will be deducted from any monies owing to you and will be regarded as an act of Gross Misconduct which could lead to your summary dismissal.
Till Errors and Shortages
If you make an error taking payment through our till, then you should notify the Duty Manager immediately so that this can be rectified. If a till is found to be short without a good reason, the shift on duty will have the amount of the shortages deducted from any monies owing from them. If we can be sure of who caused the shortage, then the shortage will be deducted from that person only.
Serving Customers
You should behave at all times with respect and courtesy to our customers. Under no circumstances should you serve any item of food or drink free or charge or at a reduced price without prior authorisation from the Duty Manager. If you are found to have done so, the difference between the full price and the reduced price will be deducted from any monies owing to you and you will be subject to disciplinary action.
Drinks Whilst at Work
During your working hours, you may have a reasonable amount of cordial or post mix of charge. Any other item must be paid for in full. Further information is available on the till. If you are found to have had any other beverage or item of food without paying the full price, the cost will be deducted from any monies owing to you and you will also be liable to disciplinary action, which dependent upon the circumstances may be regarded as gross misconduct and could lead to your summary dismissal.
Option to Leave Early (OPTL)
Dependant on the nature of your role there may be occasion when are granted the option to leave work earlier than your finish time. Requests of this nature must be made to the Duty Manager and will only be granted once operational requirements have been assessed. If your request is granted the time off will be unpaid.
Accident Reporting
Any accident or incident at work, no matter how small, should be detailed in the Accident Book, in accordance with Bar/Restaurant guidelines. It is important that all accidents are recorded as the entries will be monitored by the Bar/Restaurant so that we can take all necessary steps to ensure that all our employees and any visitors to our premises are as safe as possible from the risk of harm.
More serious accidents, and any accident to a visitor on our premises, should also be brought to the attention of the Duty Manager as soon as possible.
Smoking
Smoking, including the use of electronic cigarettes, is not allowed on our premises or at any public entrance to our premises. Smoking is only allowed in the designated outside area and only during your authorised break times. After smoking, you should ensure that you wash your hands and take whatever steps are reasonable to ensure that you do not return to your workplace smelling of smoke. Your failure to comply with these rules may result in disciplinary action.
Personal Details
It is important that we have up to date and accurate records of your personal details, such as telephone number, address, next of kin name and address, bank details etc.; therefore if any of the details which we hold change, it is imperative that you notify us, in writing, as soon as possible.
Emergency Evacuation Procedures
You should make yourself aware of the procedures to be followed should it be necessary to evacuate any work related premises in an emergency, (e.g. a Fire Alarm sounded).
Right of Search
We aim to build and maintain a relationship characterised by mutual trust and respect. Whilst the vast majority of employees are trustworthy, there may occasionally be employees who do not maintain the same high standard of integrity. It is important that these employees are correctly identified in order to preserve the relationship that the Bar/Restaurant enjoys with trustworthy employees.
We have a contractual right to carry out searches of employees in the workplace both to identify any wrongdoing and also to protect the integrity of innocent persons.
All searches will be carried out with regard to the Bar/Restaurant’s policies on Equal Opportunities and Bullying and Harassment.
Searches will be carried out in private and we will always try to ensure that the search is carried out by a member of the same sex as the employee being searched, or that the person carrying out the search is accompanied by a member of the same sex to witness the search.
All searches will be witnessed by a senior member of staff and, you have the right to be accompanied by a colleague of your own choosing who is on site at the time of the search.
We may, for example, ask you to empty your pockets, bag, drawers or cabinets and to remove your coat, jacket, shoes or other outer clothing. If you have a vehicle parked on our premises, then we may ask you to open your car boot and doors to allow us to view the contents.
At no time will the person conducting the search touch you or your property.
A written record will be made of each search, including:
a. The time and date of the search;
b. The reason for the search;
c. Names of those present;
d. The outcome of the search;
This record will be signed by all parties present.
Failure to consent to a search without reasonable justification may be treated as a breach of contract and could lead to disciplinary action, which, dependent upon the circumstances could result in your dismissal.
Confidentiality
Any information that has been acquired by you regarding our business, our clients or customers, suppliers, associated companies, or any other persons or bodies with whom we have dealings of any sort (and which has not been made public by us or with our express authority) shall be treated as confidential information.
You must not disclose any such information either during your employment with us or after termination of employment without our prior written consent (except as required by law).
You should take all steps to safeguard any such information. This includes all documentary information held on any medium. Upon termination of employment, or at any other time when so requested, any information which you hold in written form or stored on any kind of storage device, must be returned to us.
Care must be taken when discussing our business that you cannot be overheard (e.g. in corridors, on the telephone etc.).
Breaches of confidentiality will be dealt with using our disciplinary procedures and, dependent upon the circumstances, may be regarded as Gross Misconduct, which could lead to your summary dismissal.
Specific factors of your employment that you may not disclose includes
Health and Safety Statement
The Bar/Restaurant is committed to, and accept, our responsibilities for ensuring, so far as is reasonably practicable, the health, safety, welfare and wellbeing at work of all employees and to ensuring that the Health and Safety of visitors, contractors and the general public are not affected as a result of the activities of our Bar/Restaurant. This is fully in keeping with the requirements of the Health and Safety at Work etc. Act 1974 (HASWA), and other relevant legislation.
We take safety seriously and we will set clear action plans to improve our performance. Everybody in the Bar/Restaurant must ‘play their part’ so if you see something that is unsafe, ‘don’t walk by’, take appropriate action. Remember that Health and Safety is not just the responsibility of management, but for everyone who works for the Bar/Restaurant.
EMAIL AND INTERNET POLICY
Email and internet usage are an important part of effective communication and information gathering within the workplace. They can be a fast and reliable method of communicating both internally and with outside bodies such as customers or clients, suppliers etc., therefore can have obvious significant advantages to our business.
Email and internet usage is limited to legitimate business purposes only. Personal usage is not allowed whilst at work.
Equipment and Data Security
If you are issued with any equipment such as a laptop, mobile phone with email or internet access, PDA, etc. You should take all reasonable steps to ensure the safekeeping of both the equipment and any data either stored, or displayed on any such device. If any such equipment is lost, damaged or stolen as a result of your negligence, we may deduct the cost, or partial cost, of the repair or replacement of any items, from any monies owing to you. We may also invoke the disciplinary process.
All data relating to our business, including that relating to any person in any way related to our business such as a customer or supplier etc. must not be stored on any equipment which does not belong to the Bar/Restaurant. If you are found to have done so you will be liable to disciplinary action.
Care should also be taken to protect the data from being accessed or read by any unauthorised person. You should therefore ensure that your computer screen is switched off when away from your workstation. If you are accessing information from a mobile device then care should be taken to ensure it cannot be read by anyone around you (e.g. if sitting in a cafe or on the train etc.) The Data Protection code of practice should be adhered to at all times when dealing with sensitive personal data.
If passwords are issued, then you should not give your password to any other person, either within the organisation or external to it.
Our email and internet systems may only be used by persons authorised by the Bar/Restaurant to do so.
Unauthorised access may result in disciplinary action.
You must not modify any existing systems, programmes, information or data without permission from the General Manager. When deleting any information, you should ensure that such a deletion could not have an adverse effect on the Bar/Restaurant or expose us to any risk.
You are forbidden from downloading or installing any software from any source without express permission from the General Manager. This includes using USB flash drives, PDA, mobile phone etc.
E-mail Usage
Email can be used both to contact and pass information to others both formally and informally.
Care should be taken to ensure the most appropriate method of communicating with each party is used. You should remember that any offer or contract etc. is just as binding when sent by email as by any other way. The Bar/Restaurant’s standard disclaimer should always be in evidence on emails sent by you.
Care should be taken when transmitting personal, sensitive or confidential information. If you are unsure you should check if the recipients email address is confidential and that they know the nature of the information being transmitted.
You should not breach any copyright or intellectual information when transmitting information.
You should not send any inappropriate material to any party which could be deemed to be offensive, abusive, obscene, discriminatory, harassing, defamatory or derogatory, whether or not the recipient indicates they would not object. If you receive any transmission which you deem to be offensive or upsetting, you should immediately notify the General Manager.
Additionally, you should not:
• Use the system for personal use
• Send or forward chain mail, junk mail, jokes, gossip etc.
• Use the system for trivial and unnecessary messages
Internet Usage
When you visit websites, devices are often employed to enable the site owner to identify the source of the visit. It is therefore important that you only visit reputable sites which are necessary for the performance of your duties.
You must not visit any site or download any information which is illegal, immoral, offensive, abusive, obscene, discriminatory, harassing, defamatory or derogatory. If you have reason to believe any other employee is doing so, you should report your concerns to the Duty Manager as soon as possible.
You should not attempt to access any information which you know is restricted and you are not authorised to view.
Personal use of our internet system is forbidden.
Monitoring
The Bar/Restaurant reserves the right to monitor all email and internet usage to ensure adherence to this policy regardless of whether the usage is during or outside of normal business hours. Subsequently any private usage should be authorised by the General Manager. We will monitor the use of our email and internet system, including where appropriate opening and reading emails (in line with Data Protection legislation). It is therefore important that you do not send any personal emails, particularly of a sensitive or embarrassing nature.
We will monitor usage to ensure:
• Bar/Restaurant policies, standards and guidelines are being followed
• To provide evidence of transmissions and communication
• To ensure there is no unauthorised usage
Use of Social Media
You are forbidden from accessing social media for personal purposes whilst at work, whether on our computer equipment or your own (except for during authorised breaks). Social media is a type of interactive online media that allows parties to communicate instantly with each other or to share data in a public forum. This includes online social forums such as Twitter, Facebook and LinkedIn. Social media also covers blogs and video- and image-sharing websites such as YouTube and Flickr; however, this is not an exhaustive list.
We understand that many employees make use of social media in a personal capacity. While you are not acting on behalf of the Bar/Restaurant, you must be aware that you can still damage the Bar/Restaurant if you are recognised as being one of our employees.
Whilst you are allowed to say that you work for us, and sometimes want to discuss your work on social media you must not make any derogatory comments regarding our business, other employees, Management, our clients or customers, suppliers, or any other person, business or other entity in any way connected to our business. This applies whether or not it is on our equipment or your own and if communicated in works time or your own time.
Your online profile username (for example, the name of a blog or a Twitter name) must not contain the Bar/Restaurant’s name.
If you do discuss your work on social media (for example, giving opinions on their specialism or the sector in which the organisation operates), you must include on your profile a statement along the following lines: "The views I express here are mine alone and do not necessarily reflect the views of my employer".
Any communications that you make in a personal capacity through social media must not:
1. Bring the Bar/Restaurant into disrepute, for example by:
• criticising or arguing with customers, colleagues or rivals;
• making defamatory comments about individuals or other organisations or groups; or
• posting images that are inappropriate or links to inappropriate content;
2. Breach confidentiality, for example by:
• revealing trade secrets or information owned by the Bar/Restaurant;
• giving away confidential information about an individual (such as a colleague or customer contact) or organisation (such as a rival business); or
• discussing the Bar/Restaurant's internal workings (such as deals that it is doing with a [customer/client] or its future business plans that have not been communicated to the public);
3. Breach copyright, for example by:
• using someone else's images or written content without permission; or
• failing to give acknowledgement where permission has been given to reproduce something;
4. Do anything that could be considered discriminatory against, or bullying or harassment of, any individual, for example by:
• making offensive or derogatory comments relating to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, or perceived sexual orientation;
• using social media to bully another individual (such as an employee of the Bar/Restaurant); or
• posting images that are discriminatory or offensive or links to such content;
5. Be of a nature which would cause us to lose faith in your integrity, or any of our customers to lose faith in the integrity of the Bar/Restaurant.
To summarise:
You must not make any derogatory comments regarding our business, other employees, Management, our clients or customers, suppliers, or any other person, business or other entity in any way connected to our business. This applies whether or not it is on our equipment or your own and if communicated in works time or your own time.
You should also take care to limit who has access to view your comments or photographs etc on such sites. Alternatively if your behaviour is deemed to have brought the Bar/Restaurant into disrepute, or caused any client, supplier, other business or any other entity connected to our business, to lose faith in the Bar/Restaurant’s integrity, you will be liable to disciplinary action, which dependent upon the circumstances, could lead to your summary dismissal.
EQUAL OPPORTUNITIES AND VALUING DIVERSITY POLICY
Introduction
We are committed to Equal Opportunities for all individuals or groups, whilst also, being committed to promoting a positive attitude towards diversity within our Bar/Restaurant. We aim to ensure that all employees have the opportunity to maximise their potential and enhance their self-development and their contribution to the Bar/Restaurant.
The aim of our Bar/Restaurant is to embrace the differences that various cultures bring into our Bar/Restaurant and we also recognise that people from different backgrounds can bring fresh ideas and perceptions, which ultimately can improve our products and services, and our working environment. Managing diversity successfully will help our Bar/Restaurant to nurture creativity and innovation, thereby allowing us to tap hidden capacity for growth and improved competitiveness.
Valuing diversity is an effective way of dealing with equal opportunities issues. It emphasises the business and personal benefits that accrue from valuing the differences between people, rather than just complying with the law. We believe that organisations that grasp the additional business opportunities generated by managing diversity effectively are far more likely to enjoy a sustained competitive advantage than those who do not.
The aim of this non contractual policy is to ensure that every member of staff feels valued at work and is not discriminated against, harassed or bullied, or made to feel under threat or intimidated, either directly, indirectly, on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, or perceived sexual orientation.
Recruitment and Selection
We will uphold equal opportunities for all during our recruitment process. Candidates will be recruited solely on their own merits and their ability to carry out the job role. Interview questions and selection processes will all be relevant to the job and will not be of a discriminatory nature.
Recruitment and selection will be made by matching the best person to the job role.
We will aim to take steps to ensure that knowledge of vacancies reaches a wide labour market and, where relevant, groups under-represented in the Bar/Restaurant. Where appropriate, use may be made of lawful exemptions to recruit suitably-qualified people to cater for the special needs of particular groups.
Short listing and interviewing of candidates will be carried out by more than one person where possible.
Training and Promotion
Any opportunities for training within the Bar/Restaurant will normally be made known to all employees.
Selection for training will be made in line with this policy and will be made solely on the merits of the particular situation.
All vacancies will be advertised internally and individuals given the opportunity to apply for any posts. Selection for interview will be in line with the recruitment and selection details above.
Monitoring
We aim to monitor all applications from both internal and external candidates with a view to ensuring the effectiveness of our procedures. Such monitoring will not be used as part of the selection criteria for selection of new staff or for selection of existing staff for training or promotion opportunities, or any other decision related to your employment with us. All information gathered is stored separate from your personnel file and application forms.
HARASSMENT AND BULLYING POLICY
Introduction
It is important that individuals work together in a professional manner and with mutual respect for each other. Everyone has the right to dignity at work and individuals should be aware of the results their actions or comments may have on others, both within our Bar/Restaurant and outside.
We are committed to encouraging and maintaining good employee relations and a working environment in which every member of staff feels safe and can work effectively.
We will not tolerate any form of harassment or bullying towards any of our staff, or by any of our staff, and will take any accusation of such behaviour seriously. If we receive a complaint, or become aware of any harassment or bullying we will take all relevant steps to stop such behaviour and take whatever action is appropriate against the perpetrator.
You should be aware that in some cases, such behaviour may be a criminal offence and the perpetrator could be arrested and charged by the police.
Statement of Policy
This policy applies to all staff working within the Bar/Restaurant and to all employees working off the premises. It extends to include non-permanent workers such as secondees, contractors, agency, temporary staff, consultants and any other workers. The policy, in addition, covers the behaviour of staff outside working hours which may impact upon work or working relationships.
You are responsible for your own behaviour and for ensuring that your conduct is in accordance with the principles set out in this policy. You should also report any instance of bullying or harassment which you witness or which comes to your attention.
No employee will be victimised or suffer detriment for making a complaint of harassment or bullying.
What is Harassment and What is Bullying?
Harassment
Harassment may be defined as any conduct which is unwanted and uninvited and has the result of causing the recipient to feel humiliated or distressed or upset in any other way. It can be conduct of a verbal, non-verbal or physical nature. Harassment has the effect of violating a person’s dignity or creating an intimidating, hostile or degrading atmosphere.
Harassment may be an isolated occurrence or repetitive. It may occur against one or more individuals.
Bullying
Bullying means offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power intended to undermine, humiliate, denigrate or injure a colleague.
Bullying does not include legitimate and constructive criticism of performance or behaviour, an occasionally raised voice, or an argument. Examples of bullying include ridiculing or demeaning others, particularly junior colleagues, overbearing supervision and unjustifiably excluding colleagues from meetings/communications.
Examples of harassment or bullying could include:
• Physical abusive or threatening behaviour
• Humiliating an individual
• Picking on one person when there is a common problem
• Shouting at an individual to get things done
• Consistently undermining someone and their ability to do the job
• Setting unachievable targets or excessive workloads
• Overbearing and intimidating levels of supervision
• Insensitive jokes, banter or pranks
• Unwanted physical contact or standing too close to someone
• Malicious gossip, jokes and banter, offensive language
• Offensive literature or pictures, graffiti and computer imagery
• Excluding individuals from conversations or activities, non-co-operation
• ‘Horseplay’ – including touching, pushing, pinching, name-calling, mocking, belittling etc.
Harassment and Bullying is any behaviour that is unwanted or uninvited by the person to whom it is directed. It is the effect that the behaviour has on the recipient rather than the intent of the perpetrator which is the measure of whether or not bullying or harassment has occurred. It is totally unacceptable and we will always treat complaints of bullying and harassment seriously.
How to Make a Complaint
Very often people are not aware that their behaviour is unwelcome or misunderstood and an informal discussion can sometimes solve the problem. However, if you feel you are being bullied or harassed, we realise that the situation may be sensitive and may make you feel vulnerable or in fear of reprisal and therefore, may make it difficult for you to raise a complaint. Subsequently, we suggest you consider discussing matters informally with the General Manager, in confidence, who will then be able to support you when pursuing the matter. If you feel able to do so, you should then raise the matter informally with the perpetrator, with the Duty Manager to support you.
If this does not solve the problem, or if the matter is more serious, (or if you do not feel able to do so,) you should report the matter to the Duty Manager as a formal complaint. You will then be required to put the complaint in writing.
Formal Complaint
We endeavour to manage complaints in a timely and confidential manner via an investigation to establish full details of what happened. Your name and the name of the alleged harasser will not be divulged other than on a "need to know" basis to those individuals involved in the investigation. At the outset, someone with no prior involvement in the complaint will be appointed. The investigation will be impartial and objective, and will be carried out with sensitivity and with due respect for the rights of all parties concerned.
Consideration will be given to whether the alleged harasser or bully should be redeployed temporarily, or suspended on contractual pay or whether reporting lines or other managerial arrangements should be altered pending the outcome of the investigation.
As part of the investigation, the person will meet with you to hear your account of the events leading to your complaint. You have the right to be accompanied by a colleague of your choice. The investigating officer will also meet with the alleged harasser or bully who may also be accompanied by a colleague. It may also be necessary to interview witnesses to any of the incidents mentioned in your complaint. Where it is necessary to interview witnesses, the importance of confidentiality will be emphasised to them.
At the conclusion of the investigation, the outcome of the findings will be notified to both you and the alleged harasser usually within two weeks of your complaint first being reported.
If the conclusion is that harassment or bullying has occurred, prompt action will be taken to stop the harassment or bullying immediately and prevent its recurrence. The findings will be dealt with under the disciplinary procedure. Consideration will be given to whether the harasser or bully should be dismissed and, if not, whether he or she should remain in his or her current post or be transferred. Even where a complaint is not upheld, (for example, where evidence is inconclusive), consideration will be given to how the on-going working relationship between you and the alleged harasser or bully should be managed. This may involve, for example, arranging some form of mediation or counselling or a change in the duties or reporting lines of either party.
Should the investigation show that there may be a case to answer the Bar/Restaurant’s disciplinary procedure will be invoked against the alleged perpetrator.
Confidentiality
At all times throughout the process and after, all parties involved, including the alleged perpetrator, the victim, the General Manager, and any witnesses will need to give due consideration to confidentiality. As such, all parties will be reminded that they should not breach confidentiality and should not discuss the matter with anyone outside of the procedure.
Details of the investigation and any subsequent disciplinary procedure which may take place, will be kept on the employees personnel file.
Untrue Claims
Whilst we will support all parties during and after a thorough and objective investigation into the allegation as appropriate, if through the course of the investigation and subsequent disciplinary meetings evidence demonstrates that the allegation has been made maliciously, or for personal gain, then the individual making the complaint will be subject to Disciplinary proceedings as outlined in the Bar/Restaurant’s Disciplinary Policy.
Appeals
If you are not satisfied with the outcome of the investigation, you have the right to appeal the decision within 7 calendar days of being notified of the outcome. You should submit your full written grounds of appeal to the General Manager. The person hearing your appeal will meet with you to discuss your appeal. You may be accompanied by a colleague or Trade Union Official. You will normally be notified of the outcome of the appeal within fourteen days of this meeting. This is the final stage of the formal procedure.
WHISTLE BLOWING POLICY
Introduction
We have both a grievance procedure and a bullying and harassment procedure in place to enable you to lodge a grievance relating to your own employment.
The whistle-blowing policy is intended to cover other serious concerns which fall with the Public Interest Disclosure Act 1998. We are committed to running our business with honesty and integrity and within the restraints of the law. As such whilst legislation protects you from suffering a detriment at work if you take a matter to a relevant outside body, we would hope that you would feel able to bring any concerns you may have to the attention of the Duty Manager with confidence that any such concern would be dealt with appropriately and swiftly and without any fear of reprisal, even if your belief of wrongdoing turns out to be unfounded as the result of a thorough investigation.
Whistle Blowing is the everyday term used to describe a disclosure made to someone in authority alleging corruption, malpractice or wrongdoing on the part of another person. In employment whistle blowing refers to an employee (“whistle blower”) making a disclosure about a colleagues conduct in the course of employment, or about employer’s practices
The Legal Position
Employees and workers who make a ‘protected disclosure’ are protected from being treated badly or being dismissed as a result of making the disclosure.
• criminal offences,
• risks to health and safety,
• failure to comply with a legal obligation,
• a miscarriage of justice
• environmental damage
• abuse of a service user.
For a disclosure to be protected it must be made to an appropriate body. For example, disclosing a health and safety issue to the Health and Safety Executive is likely to be protected, but not if the concern was disclosed to the media. The raising of a concern will be covered by this policy provided you have a reasonable belief that the disclosure is made in the public interest.
Procedure
We are committed to the highest possible standards of operation. In line with that commitment we encourage you to consider raising the matter with the Duty Manager before taking the matter to an outside body. We will take all such concerns seriously and any individual raising legitimate concerns under this policy will not be subjected to any detriment either during or after employment. All such concerns raised will be thoroughly investigated and appropriate action taken accordingly.
Safeguarding Complaints
We recognise that the decision to report a concern can be a difficult one to make and we will support you during the process. We will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect you when you raise a concern to us in good faith.
Every effort will be made to keep the identity of the whistle blower who makes a disclosure under this policy confidential, at least until a formal investigation is under way. In order to ensure that a fair investigation can take place the whistle blower will also be expected to keep the fact that they have raised a concern, the nature of the concern and the identity of those involved confidential. It may be that during an investigation, disciplinary or legal proceedings that the company no longer maintains the whistle blowers confidentiality. If that does occur then the company will endeavour to notify the whistle blower in advance.
Untrue Allegations
If you make an allegation, but it is not confirmed by the investigation, no action will be taken against you. If, however, you make an allegation maliciously, vexatious, or for personal gain, disciplinary action may be taken against you and, dependent upon the circumstances, this may be treated as Gross Misconduct.
DISCIPLINARY PROCEDURES
Introduction
We have developed our disciplinary procedures in order to provide clear and transparent structures for dealing with difficulties which may arise as part of the working relationship and to ensure that such difficulties are dealt with in a fair and equitable manner in compliance with the Acas Code of Practice.
We would hope to informally resolve potential disciplinary issues. However, where an issue cannot be resolved informally, then there is often no option other than to follow a formal process. This policy sets out the basic requirements of fairness that will be applicable in most cases.
We regard disciplinary action as a corrective measure to foster an improvement in the conduct or attitude of the employee concerned and not as a punishment. Disciplinary procedures are necessary to let all of our employees know what is expected of them in terms of standards of performance or conduct (and the likely consequences of continued failure to meet these standards) and to enable management and employees to determine suitable goals and timescales for improvement in an individual's performance or conduct. The following procedures do not form part of your contract of employment.
The Process
There will normally be a full investigation of the facts before a decision to take any disciplinary action is invoked. Dependent upon the circumstances, we may hold an independent investigation meeting to determine if a formal disciplinary hearing is necessary. At all stages of the process, we will ensure that matters are kept confidential and expect you to do the same.
If we feel that it is necessary to take disciplinary action, we will notify you in writing of our concerns. Where relevant, we will supply you with details of any evidence we will be using in the disciplinary hearing. You will be given a reasonable amount of notice to attend the meeting and to arrange for another member of staff or a Trade Union Official to accompany you.
If we regard an offence as potential Gross Misconduct, we may suspend you on your normal contractual pay for the duration of the process. This period will be kept as short as is reasonably practical to investigate the matter, hold any necessary disciplinary hearing and consider the outcome.
At the meeting, we will outline our concerns and you will be given ample opportunity to explain your version of the situation and also to bring any supporting evidence to our attention. You may also ask witnesses to deliver their version of events to support you if you so wish. We will listen to what you say and will consider all points you put forward before reaching a decision on whether any disciplinary sanction is to be imposed. No decision will be made regarding any disciplinary action before we have had time to consider the discussion and any evidence produced at the meeting.
Outcome of the Meeting/s
After the meeting has concluded we will take time to consider all the evidence, and we will take one of the options listed below:
1. No Action
If we feel that there is no case to answer, or there is insufficient evidence to support any action, or if we feel that you were genuinely unclear about what was expected from you and you agree to take remedial action, we may decide it is appropriate to take no further action.
2. Warning
If we feel that you have not presented a valid reason or supporting evidence for the misconduct, we will issue you with a formal warning. Dependent upon the circumstances, this could either be a formal verbal warning, a written warning, or a final written warning.
Except for cases of Gross Misconduct or a short period of service, we will not normally proceed to dismissal for a first offence.
3. Dismissal
If you are in receipt of prior warnings, we may decide to terminate your employment with us, giving you your contractual notice. If your misconduct is determined to be Gross Misconduct, then you will be summarily dismissed, (without any notice or pay in lieu of notice), irrelevant of whether or not you have had any previous warnings.
4. Demotion
If you are in a supervisory or managerial position, we may decide to demote you, except in the case of Gross Misconduct.
5. Suspension without pay
We may decide to suspend you without pay for a period up to 5 working days, except in the case of Gross Misconduct.
Notification of Outcome of the Disciplinary Meeting
We will notify you, in writing, as soon as we have considered the evidence and have reached a decision. The timescale will depend upon the complexity of the situation however, this will normally be no more than 7 calendar days after the meeting has taken place, unless there is good reason why this cannot be so. The letter will outline our reasons for the decision made and, where disciplinary action is taken, the level or nature of the sanction imposed. It will also name the person to whom you should address an appeal to should you wish to do so.
Right of Appeal
You have the right to appeal against any decision made. If you wish to do so, you should state your reasons in writing to the person named in the disciplinary decision letter, within 7 calendar days of the date on the letter. The person hearing your appeal will meet with you to discuss your appeal, normally within 14 calendar days. You may again be accompanied by a colleague or Trade Union Official at this stage of the process. You will be notified of the outcome of the appeal normally within 14 calendar days of this meeting. This is the final stage of the formal procedure.
Right to be Accompanied
You have the right to be accompanied by a fellow employee of your choice, or by a Trade Union Official at all stages of the formal disciplinary procedures and at any subsequent appeal meetings.
It is your responsibility to arrange for the appropriate person of your choice to be informed of the matter and the dates of the hearing/s. If you wish a member of staff to accompany you, then either yourself or the person concerned, should notify us as early as possible, so that we can ensure that they can be released from their duties at the appropriate times.
We wholeheartedly support the right to be accompanied and any person who agrees to accompany a member of staff at any disciplinary or appeal hearing, will not be subject to any form of detriment as a result of doing so.
Record-Keeping
We will take notes of all meetings held and these, along with any supporting evidence used in the investigation and meetings will be held on your personnel file. Details of any disciplinary action taken will also be kept.
Examples of unsatisfactory conduct and misconduct
• Failure to comply with our health and safety rules
• Gambling
• Smoking outside of designated areas and/or outside of your authorised break times
• Unacceptable levels of absenteeism or lateness
• Failure to follow our absence reporting procedures
• Unsatisfactory work performance
• Failure to carry out reasonable management instructions
• Failure to comply with Bar/Restaurant rules, procedures and guidelines
• Use of objectionable or insulting language or behaviour
• Failure to report any damage to our property or premises caused by you or witnessed by you
• Breach of our email and internet policy, including excessive personal use
• Deliberate misuse or neglect of Bar/Restaurant property or vandalism
• Excessive use of the Bar/Restaurant’s telephone for personal calls
• Negligence in the performance of your duties
• Leaving your place of work without first notifying the General Manager
Serious Misconduct
Dependent upon the circumstances, any of the above examples could be deemed to be Serious Misconduct and as such, if a disciplinary sanction is imposed this could be a final written warning even though no other warnings have been given.
Examples of Gross Misconduct
• Theft or fraud
• Physical violence or bullying
• Threatening behaviour or language
• Being under the influence of alcohol
• Attending work under the influence of illegal drugs, or being in possession or supplying illegal drugs whilst at work or during working hours
• Any action, or breach of health and safety rules which does, or could be expected to, endanger the health or safety of yourself or any other person
• Acceptance or administration of gifts or hospitality etc without prior permission from the Bar/Restaurant;
• Bribing or attempting to bribe another individual, or personally taking or knowingly allowing another person to take a bribe
• Any act or omission which could cause the reputation or integrity of the Bar/Restaurant to be compromised or bring the Bar/Restaurant into disrepute
• Discriminatory behaviour
• Deliberate fraudulent or false claims of bullying, harassment or victimisation
• Accessing internet sites or downloading information from such sites, which contains offensive, illegal, obscene or pornographic material
• Knowingly perpetrating or taking part in acts of Discrimination or Harassment
• Providing false information re your right to work in the UK
• Deliberate and serious damage to property
• Causing loss, damage or injury through serious negligence
• Bringing the Bar/Restaurant into serious disrepute
• Unauthorised use or disclosure of confidential information or failure to ensure that confidential information in your possession is kept secure
• Serious misuse of the Bar/Restaurant’s information technology systems (including misuse of developed or licensed software, use of unauthorised software)
NB: the above lists are neither exhaustive nor prescriptive in the level of disciplinary sanction which may be imposed. You may be disciplined for any other reason which is considered misconduct or unsatisfactory conduct.
When considering the level of disciplinary action to be taken against individuals, we will take into account both the severity of the offence, the impact on the Bar/Restaurant or other individuals and any mitigating circumstances.
Therefore, the above categories are guidelines only and a higher or lower level of disciplinary action may be imposed, dependent upon the circumstances.
Validity Period of Warnings
We will keep a record of warnings issued and appeal details in your personnel file. Whilst such information will normally be kept in your personnel file permanently, it will normally be disregarded for further disciplinary purposes in line with the following:
Verbal warning – after a period of 3 months
Written warning – after a period of 6 months
Final warning – after a period of 12 months
Appeal Process
If you feel you have been treated unfairly in the disciplinary process, or that the sanction imposed was too heavy or unfairly administered, you have the right of appeal.
You should write to the person detailed in the outcome letter, within 7 calendar days of the date of the letter, outlining the grounds for your appeal.
We will then arrange to hear your appeal, normally no more than 14 calendar days after receipt of your letter of appeal.
In interests of fairness, your appeal will normally be held by a different person than the one who held the disciplinary hearing.
We will notify you in writing of the decision, normally within 14 calendar days of the hearing.
CAPABILITY PROCEDURES
Introduction
During your employment with us, there may come a time when, through no fault of your own, you become incapable of carrying out your duties fully or in a timely fashion.
This could be for many reasons, such as:
• Changes within the Bar/Restaurant which affect your job
• New equipment or tools etc.
• Health Issues
If such a situation arises, we aim to support and help you to overcome any difficulties which prevent you from performing in your job role. With this is mind, we have developed these non-contractual procedures to ensure fairness and sensitivity when dealing with such issues.
Stage 1
If we have concerns about the level of your performance at work, we will meet with you to discuss our concerns. You will be encouraged to be open and honest with us if there are any circumstances which are affecting your performance.
At this meeting, we will advise you what standards are expected and also agree with you any help and appropriate timescales which you may need to achieve those standards. The help and any timescales set will obviously be relevant and appropriate to your situation but could include things such as training or re-training, reasonable adjustments, transfer to another more suitable job role, coaching etc. It may also be appropriate for us to ask you for access to your medical records to allow us to facilitate any relevant help or reasonable adjustments to enable you to work effectively. Whilst you do not have to comply with this request, we would ask that you co-operate if the need arises.
Stage 2
1. Incapability Due to Health Issues
If your incapability to perform your job effectively is due to an on-going health issue, it may be advisable for us to obtain input from the medical profession to aid us in helping you. As such, we may ask for permission to contact your GP or any other person in the medical profession who has knowledge of your illness or condition (e.g. a consultant or other specialist etc.).
Our aim of seeking such information is to help us to consider if any, reasonable adjustments would be appropriate for your situation and also for us to consider any other advice the medical professional could give to help us to protect your employment with us. However, if upon receipt of such medical information, it is apparent that you are unable to continue in our employment, we may have no alternative, than to terminate your employment with us.
2. Incapability due to Non-Health Issues
If your performance does not improve to the required standards set within the prescribed timescales, you will be invited, in writing, to a second meeting to discuss your performance. If no acceptable improvement has been made, you may be issued with a written warning. If an acceptable improvement has been made, we will not issue any warnings at this stage, but will continue to monitor your performance.
You will again be notified of what improvements are expected from you and a third meeting will be arranged to review your progress. If, at this further meeting, your performance is still unacceptable, you may be issued with a final written warning. If an acceptable improvement has been made, we will not issue any further formal warning, but will continue to monitor your performance.
You will again be notified of the improvements needed and a fourth meeting will be arranged to review your progress. If at this meeting there has not been an acceptable improvement in your performance, we may take the decision to terminate your employment. If there has been continued or further improvement, we will decide whether further reviews of your performance are necessary.
Monitoring and Support
At all times throughout this procedure, we will monitor your performance and consider relevant support to help you to reach the required levels.
Appeal Process
If the decision is taken to issue any formal warnings or to terminate your employment, you will have the right to appeal against such a decision. You should write to the person detailed in the outcome letter, within 7 calendar days of the date of the letter, outlining the grounds for your appeal.
We will then arrange to hear your appeal, normally no more than 14 calendar days after receipt of your letter of appeal.
In interests of fairness, your appeal will normally be held by a different person than the one who held the meeting at which the decision was taken to terminate your employment.
After full consideration of the matter, you will be informed, in writing of the decision as soon as is reasonably practical and normally within 14 calendar days of the meeting.
Right to be Accompanied
You have the right to be accompanied by a fellow employee of your choice or by a Trade Union Official at all stages of the capability procedure and at any subsequent appeal meeting.
It is your responsibility to arrange for the appropriate person of your choice to be informed of the matter and the dates of the hearing/s. If you wish a member of staff to accompany you, then either yourself or the person concerned, should notify us as early as possible, so that we can ensure that they can be released from their duties at the appropriate times.
We wholeheartedly support the right to be accompanied and any person who agrees to accompany a member of staff at any capability or appeal hearing will not be subject to any form of detriment as a result of doing so.
Record-Keeping
We will take notes of all meetings held and these, along with any supporting evidence used will be held on your personnel file. Details of any action taken will also be kept.
GRIEVANCE PROCEDURE
Introduction
From time to time you may feel unhappy with something at work. We feel that it is important that there is a clear and transparent procedure for such concerns or complaints to be dealt with both effectively and in a manner whereby employees feel comfortable to raise such issues.
It is usually in the best interest of both employers and employees to deal with any issues at an early stage to stop small issues growing into more complex or serious ones. The following procedures are non-contractual.
Informal Procedure
If you feel able to raise any issues informally with the perpetrator or the Duty Manager then such discussions can frequently solve issues quickly and effectively. However, if the matter is more serious, or the informal route has not solved the situation, or you do not feel it is appropriate to raise the matter informally, you should make a formal representation under this procedure.
If you are being harassed or bullied, this procedure is not normally the best way to raise such a matter and you should use the procedures outlined in our Bullying and Harassment Policy as this will be a more appropriate route to solving the problem.
Formal Procedure
If you wish to raise a formal grievance, it is advisable that you put the matter in writing from the outset. You should give as much detail as possible of the nature of your complaint. The written complaint should be given to the General Manager, or if the complaint involves the Duty Manager to their Manager.
A meeting will be arranged with you as soon as possible to hear your grievance. It may be necessary to suspend the meeting to gather further evidence, or to initiate a full investigation of the facts. We will aim to resolve the issue as quickly as possible and will not suspend the meeting unnecessarily.
At the end of the meeting, and after any necessary re-investigation etc. we will consider all the evidence gathered. We will notify you, in writing, of our assessment and what, if any, action we intend to take to resolve the situation. The letter will outline who your appeal should be directed to if you wish to do so. We aim to notify you of the decision as soon as is reasonably practical.
Appeal
If you are unhappy with the outcome of the meeting and any proposed action, then you have the right of appeal. You should write to the person detailed in the outcome letter, within 7 calendar days of the date of the letter; outlining the grounds for your appeal.
Should you appeal our decision we will then arrange to hear your appeal, normally within no more than 14 calendar days after receipt of your letter of appeal.
In interests of fairness, your appeal will normally be held by a different person than the one who held the initial grievance meeting.
After full consideration of the matter, you will be informed, in writing of the decision as soon as is reasonably practical and normally no longer than 14 days after the meeting has been held.
Right to be Accompanied
You have the right to be accompanied by a fellow employee of your choice, or by a Trade Union Official at all stages of the formal grievance procedure and at any subsequent appeal meetings.
It is your responsibility to arrange for the appropriate accompanying person of your choice to be informed of the matter and the dates of the hearing/s. If you wish a member of staff to accompany you, then either yourself or the person concerned, should notify us as early as possible, so that we can ensure that they can be released from their duties at the appropriate times.
We wholeheartedly support the right to be accompanied and any person who agrees to accompany a member of staff at any grievance or appeal hearing will not be subject to any form of detriment as a result of doing so.
Record-Keeping
If you choose to use the formal route to resolve your grievance, we will take notes of all meetings held and these, along with any supporting evidence used will be held on your personnel file. Details of any action taken will also be kept.
TERMINATION OF EMPLOYMENT
Resignation
If you wish to resign from the Bar/Restaurant, to avoid any confusion, we ask that you state your decision and your reasons for doing so in writing.
Whilst we appreciate that individuals may have many differing reasons for leaving, we will then invite you to an exit interview to discuss your reasons and to ensure that we process your final pay etc correctly.
We normally retain records of final interviews, so to allow us to monitor and evaluate our working practices at a later date.
Notice Period
Your required notice period will be detailed in your individual Statement of Principal Terms of Employment. If you fail to work your notice and we incur a cost in covering your duties, we reserve the right to recover this cost from any monies owing to you. You will also forfeit any contractual holiday pay which you have accrued in excess of the statutory minimum entitlements.
Garden Leave
If either you resign or you are dismissed, we may put you on garden leave. If so, you are still employed by us until the effective date of termination. As such, we may require that you attend work or make yourself available to answer any questions etc., or to “handover” to another person in the Bar/Restaurant.
If we feel it is inappropriate for you to attend our premises or those of any customer, or client, or to contact any customer, client, supplier, contractor etc., we will advise you of this at the time the garden leave is initiated.
Bar/Restaurant Property
Upon termination of employment, or upon commencement of Garden Leave, you must return all Bar/Restaurant property to us. This includes, but is not limited to, tools, equipment, documentation, vehicles (where provided for business use only), work-wear, items of uniform, keys etc.
If you fail to return all items to us in a reasonable condition, we may deduct the cost of recovery, replacement or any loss incurred by us from any monies owing to you.
SUMMARY OF OUR RIGHTS TO DEDUCT
WE RESERVE THE RIGHT TO RECOUP ANY LOSSES THE BAR/RESTAURANT INCURS IN THE CIRCUMSTANCES LISTED BELOW FROM YOUR WAGES OR ANY OTHER MONIES OWING TO YOU (E.G. COMMISSION, BONUSES, ACCRUED HOLIDAY PAY AT TERMINATION OF EMPLOYMENT).
If any overpayment of wages is made, for whatever reason, we will normally deduct the amount overpaid from your next wage.
If you arrive for work more than one hour late and have not notified us before your expected starting time and/or, without having provided us with an acceptable reason for the delay, we may find it necessary to cover your duties, disperse your workload to other staff, or reschedule work in other ways and if so, we therefore reserve the right to send you home for the remainder of the day without pay. If we feel that your lateness or absence is excessive, we may invoke the disciplinary procedures, as detailed later in this handbook.
If we are unable to provide you with work we may need to lay you off for a period of time or reduce your working week whilst we try to resolve the situation. If you are laid off work, you will receive either statutory guarantee pay or your normal basic wage, whichever is the lower, for up to five days of lay off. After this period, there will be no entitlement to payment for any days not worked. We will normally only invoke this right as a last resort and for as short a time as necessary. Your continuity of employment with us will be protected during such a situation.
Whilst we understand that you have a right to a private life and would not wish to impede on that, it is also important that, when attending work, you are fit and safe to do so. Therefore, if we suspect that you attend work still under the influence of alcohol or any illegal drug which has been consumed or taken prior to you commencing work, we will send you home for the remainder of the day without pay. Such events may result in disciplinary action.
Whilst we understand that accidents do happen, we expect that you should take all reasonable care with all our Bar/Restaurant’s property, including furniture, tools, equipment, stock etc. If we suffer any loss or damage to property or stock which is due to your failure to follow our rules or procedures, your deliberate vandalism, or unreasonable carelessness or neglect, then we will deduct the cost of repair or replacement of any item from any salary/wage, holiday pay, sickness payment or any other monies owed to you by the Bar/Restaurant.
If we suffer any loss, fine or cost due to your actions and failure to follow our rules, procedures or legal requirements, or your carelessness or neglect, then we will deduct the cost of the loss or fine from any money owed to you by our
Bar/Restaurant.
If a customer or a table, open a tab, you should ensure that all items of food and beverages are entered accurately onto the tab at the time of ordering. If items are found to be missing from the tab and as a result the customer fails to pay for any items, the cost of such items will be deducted from any monies owing to you.
Under no circumstances may you take any sub from the till without express permission from the General Manager. If you are found to have done so, the amount will be deducted from any monies owing to you and will be regarded as an act of Gross Misconduct which could lead to your summary dismissal.
If you make an error taking payment through our till, then you should notify the Duty Manager immediately so that this can be rectified. If a till is found to be short without a good reason, the shift on duty will have the amount of the shortages deducted from any monies owing from them. If we can be sure of who caused the shortage, then the shortage will be deducted from that person only.
You should behave at all times with respect and courtesy to our customers. Under no circumstances should you serve any item of food or drink free of charge or at a reduced price without prior authorisation from the General Manager. If you are found to have done so, the difference between the full price and the reduced price will be deducted from any monies owing to you and you will be subject to disciplinary action.
If you are found to have had any other beverage or item of food without paying the full price, the cost will be deducted from any monies owing to you and you will also be liable to disciplinary action, which dependent upon the circumstances may be regarded as gross misconduct and could lead to you summary dismissal.
Upon termination of employment, or upon commencement of Garden Leave, you must return all our property to us. This includes, but is not limited to, tools, equipment, documentation, vehicles, work-wear, items of uniform, keys etc. If you fail to return all items to us in a reasonable condition, we will deduct the cost of recovery, replacement or any loss incurred by us from any monies owing to you.
Your required notice period will be detailed in your individual Statement of Principal Terms of Employment. If you fail to work your notice and we incur a cost in covering your duties, we reserve the right to recover this cost from any monies owing to you.
Each of the above clauses is an express term of your contract of employment.
INTRODUCTION
Welcome
If you have recently joined our Bar/Restaurant, we extend a warm welcome to you and hope that you will enjoy working with us both now and in the future.
We aim to foster a working environment where all employees can operate in a safe, open and trusting environment, with all employees having respect for each other.
We embrace diversity in the workplace and are committed to ensuring equal opportunities for all our staff. We will not condone any discriminatory acts or attitudes, whether perpetrated by our staff, or towards our staff.
We ask that you study carefully the contents of this handbook as it sets out our rules and procedures and other information which may be useful to you. If you have any queries regarding this handbook, please speak to the General Manager.
Once you have read and digested the information contained in this booklet, please sign and date your individual Statement of Particulars to confirm your receipt and your understanding of the contents.
The contents of this handbook may well be amended from time to time as a result of changing legislation, as our Bar/Restaurant’s needs change, or for any other reason we deem appropriate. You will be informed of any such changes as they happen.
Job Roles
Whilst you have been employed in a particular job role, we may need you to carry out various duties outside of this role and it is a condition of your employment that you do so when required. We will only ask you to perform duties which we feel you are capable of performing.
Place of Work
To ensure the effective and efficient running of the Bar/Restaurant as a whole, you may need to work at locations other than ones you are accustomed to and it is a condition of your employment that you do so when requested. If you have any particular problem in complying with any request, then you should discuss your reasons in full with the Duty Manager who will then make a decision as to the validity of your non-compliance.
YOUR EMPLOYMENT WITH US
We believe that our staff are our greatest assets. For many of our staff, you are the face of our Bar/Restaurant and as such, clients, customers and members of the public will judge us on how you perform your job and present yourself to them.
We aim to provide you with the information and skills necessary for you to carry out your job to the best of your ability.
Probationary Period
When commencing employment with us, the initial period of employment will be on a probationary basis and is normally for a three months’ period, unless denoted otherwise in your Statement of Principal Terms of Employment. This period of time is to allow us to assess your performance and for you to decide if you wish to continue your employment with us. At any time during this period we may, if we are unhappy with your progress, extend your probationary period or, if we feel it is appropriate, terminate your employment without recourse to our full disciplinary procedures.
Induction
Your induction programme is designed so that you fit in quickly and effectively. You will meet your new colleagues and you will receive information on the Bar/Restaurant. You will normally be issued with your terms and conditions of employment, advised of the core Bar/Restaurant rules and given an explanation with regard to the Bar/Restaurant’s health, hygiene and safety procedures.
Training
We understand that if staff are properly trained to carry out their duties, they will be able to do so more effectively and efficiently. If you feel you need any further training at any time during your employment to enable you to carry out your job properly, you should discuss the matter with the Duty Manager to evaluate your situation.
Appraisal and Review
We will carry out annual appraisals with you with a view to maximising your potential within our Bar/Restaurant. The appraisal should be a two way process, giving you ample time and opportunity to discuss your role. The aim of the appraisal is to identify where you excel, where you need any further help or guidance, and if appropriate, agree future objectives. You will then have regular, informal update meetings throughout the year to measure your progress against the objectives.
REMUNERATION
Payments
Your salary or hourly rate of pay is detailed on your Statement of Principal Terms of Employment.
Wages are normally paid each Monday, directly into you nominated bank account. If you have any queries regarding your pay, you should direct them to accounts. The pay week is Friday to Thursday The payment is made the following Monday into nominated bank account.
Deductions and Overpayments
Your wages or salaries are subject to the necessary Income Tax and National Insurance deductions each week/month as detailed on your payslip. If you are late or absent from work, we may also make a deduction, based on your normal rate of pay for the time you were absent, (save for any statutory payments such as Statutory Sick Pay (SSP), time off for ante-natal appointments, or contractual sickness pay etc.).
If any overpayment of wages is made, for whatever reason we will inform you as soon as possible of the amount and reason for the overpayment and will then normally deduct the amount overpaid from the first wage or salary paid to you after discovery of the overpayment. If you are overpaid at any time, you must inform the Duty Manager immediately. Failure to do so could be regarded as a disciplinary offence.
Deductions will also be made by us if a court order is in place instructing us to do so, or for any other amount we are contractually allowed to deduct or to which you agree.
Lateness and Absence
If you arrive for work late, we will make a deduction from your wages or salary based on your hourly rate of pay. If you arrive for work more than one hour late and have not notified us before your expected starting time and/or, without having provided us with an acceptable reason for the delay, we may find it necessary to cover your duties, or disperse your workload to other staff, or reschedule work in other ways. In the event of one of these scenarios we reserve the right to send you home for the remainder of the day without pay.
Signing In and Out
To comply with health and safety regulations you must sign in via the till system any time you enter the building, and you must sign out any time you leave the premises. You must not for any reason falsely sign another person in or out of the building, unless authorised to do so by the General Manager. Failure to adhere to this instruction will result in disciplinary action. Payment is made to the nearest quarter hour from the start and end of the shift.
Lay Off and Short Time Working
If we are unable to provide you with work we may need to lay you off for a period of time or reduce your working week whilst we try to resolve the situation. We will normally only invoke this right as a last resort and for as short a time as necessary. Your continuity of employment with us will be protected during such a situation.
HOLIDAYS
Your annual holiday entitlement, including public/bank holidays, is detailed in your Statement of Principal Terms of employment.
We believe that your holidays from work are an important aid to balancing your working life with your life away from work and for health reasons. With this consideration in mind, we encourage you to take your full entitlement each year. We will not normally allow you to carry forward any of your holiday entitlement from one year to the next, nor will we make any payment in lieu of unused holiday entitlement.
If you feel you have a particular need to carry forward some of your holidays into the following year, you should discuss your reasons with the General Manager, who will consider any mitigating circumstances which may support your request, providing this does not compromise any current legislation.
You should request time off via deputy if you wish to book a holiday away from work. You will be notified as soon as possible if you are authorised to take the time off work on your preferred dates. Requests for time off will not be unreasonably refused, however due consideration will need to be given to the impact of your absence on the Bar/Restaurant.
We strongly advise that you ensure you have obtained authorisation to take the time off before you commit yourself outside of work. If, for example, you book a holiday with a travel company and we cannot support your request for time away from work, we will not be held accountable for any monies you stand to lose as a result. If you choose to take the time away from work irrespective of the fact that your request has been refused, we will treat this as a disciplinary offence and will invoke our disciplinary procedures.
If you know that you will want to take specific days away from work as holidays, we recommend that you submit your request as early as possible to avoid disappointment. In any event, we require a minimum of one weeks’ notice for any odd single days holiday and four weeks’ notice for any holiday in excess of a week, unless this is not possible due to unforeseen circumstances, and due consideration will be given to your request.
Due to the nature of the business annual leave will not be authorised during the company’s busiest periods which are, June, July, August and December.
Dependent upon your role within the Company, you may need to save ten days from your annual holiday entitlement to take during the first two weeks of January. You will be notified if this is applicable to you. If you have not accrued sufficient holidays to cover this period, this period of leave will be unpaid.
All staff must not request or be granted a weekend off during the period of December. If you wish to have it off this must be authorised in writing or email from head office.
To obtain payed holiday pay you must request the days you want off via deputy app
ABSENCE FROM WORK AND LATENESS
Attendance
You should arrive at work in sufficient time to actually start working at your normal starting time. Whilst we understand that on limited occasions, unexpected occurrences may impact your ability to attend work, or may cause you to arrive late. Lateness and absence have an adverse impact to both the business and other employees and we trust that you will take a positive approach to punctuality and attendance at work.
Reporting Absence or Lateness
If you are unable to attend work, or get to work by your expected starting time, you should notify us as soon as possible and at least by your expected start time, to allow us to take the necessary action to cover your absence and minimise any impact it may have.
You should speak personally by telephone to the General Manager/Duty Manager to inform us of your absence from work.
If your Line Manager is unavailable, ensure you speak with another member of the management team.
You should inform us of the reason for your absence and how long you expect to be away from work. We will then agree with you any further reporting procedures you may need to comply with prior to your return to work.
You should always report your absence yourself by telephone or text. You should not ask another person to call on your behalf and you should not notify us by email or any other medium.
Failure by any employee to contact the Duty Manager during absence in accordance with this procedure will normally be considered unauthorised absence and result in the employee being liable to loss of pay for the period of absence and to disciplinary action.
This will not normally be remedied by the subsequent receipt of a back-dated medical certificate.
Fit Notes
Your doctor may feel that it is appropriate to suggest that whilst you are unable to carry out your job in its current form, you may be fit for work with some adjustments. If so, the Duty Manager will discuss your doctor’s recommendations with you and where possible we will consider reasonable adjustments.
Returning to Work after a Period of Absence
You should notify the Duty Manager the day before your return to allow us to give sufficient notice to cancel any arrangements we may have made with any individual to cover your workload during your absence. If you arrive for work without such notification, we may send you home from work for the day without pay.
If you have been suffering from any contagious or infectious disease you should ensure that your doctor is happy for you to return before you do so.
Upon your return to work you will be required to attend a return to work interview with the General Manager.
If we feel that your lateness and/or absence are unacceptable, we may invoke the disciplinary process, which could ultimately lead to your dismissal.
Absence Due to Sickness or Injury
If you are absent for a period in excess of seven calendar days, (irrelevant if these constitute your normal working days or not) you should provide us with a medical certificate from your GP or other relevant medical practitioner. Such medical certificates should then be forwarded to us on a regular basis to cover the whole period of your absence. If your absence is for a period of seven calendar days or less, you will be required to complete a Self-Certification of Absence form on the first day of your return to work.
The above documentation is required irrelevant of whether or not you qualify for any payment during your absence.
Dependent upon your circumstances, you may be eligible for SSP during your absence, in line with current legislation. However, if you fail to follow our procedures for reporting and certifying your absence without good reason, we may withhold payment of SSP Payments and/or any contractual sick and injury payments and/or may treat it as a disciplinary matter.
Submission of medical certificates, although validating your reason for absence, will not necessarily prevent us from taking appropriate action, including invoking the disciplinary process, if we feel your cumulative absence from work is excessive.
Depending upon the circumstances of your absence/s from work, we may ask you to allow us to approach your GP or another member of the medical profession with a view to obtaining further information on your condition. We may then consider if there are any reasonable adjustments which we could implement to help you to improve your attendance. It may be necessary, if acceptable solutions cannot be found, to terminate your employment with us, in line with current legislation.
If you qualify for SSP this will be paid to you at times and in the manner you would normally receive your wages or salary. Failure to supply the relevant certification of absence will result in non-payment of SSP. The first three days of absence in any 56 day period are ‘waiting days’ and as such will not command any payment of SSP.
Any entitlement to Contractual Sickness and Injury pay will be detailed in your Statement of Main Particulars of Employment. If any such payments are made to you whilst you are away from work, they will be inclusive of any entitlement you may have to SSP, or any other alternative benefit or payment you may receive.
If you pursue a claim for compensation from any person, company or other entity for the injury or illness you incurred, you should consider including loss of income in the claim as we reserve the right to recover any SSP or Contractual Payments we made to you during your absence from work from any compensation which may be awarded to you.
Time Off for Medical Appointments
If you need to visit the doctor or dentist, wherever possible, you should arrange the appointment outside of your normal working hours. If the doctor or dentist cannot facilitate this then the appointment should be made as close to your starting or finishing time as possible or taken as annual leave subject to the holiday booking procedures as denoted earlier in this handbook.
You should discuss the absence with the Duty Manager and give us as much notice as possible of your intended absence from work. Whilst we appreciate that this is not always possible with an emergency GP appointment, you would normally be given adequate notice to attend other kinds of appointments. Other than for emergency appointments you should provide the Duty Manager with a copy of your appointment card, letter etc. In the event of an emergency appointment we may ask you to provide evidence of your appointment so that we can monitor your on-going welfare.
Such time off will normally be without pay.
Time Off for Dependants
There may be occasions when you need to take a reasonable amount of time off during working hours to deal with unforeseen matters and emergencies relating to a dependant. A dependant could be a spouse, partner, child, parent, or someone who depends on you for care.
The leave can be taken for example to:
• Deal with a breakdown in childcare;
• To put longer term care in place for children or elderly relatives; or
• If a dependant falls ill or is taken into hospital.
You have a statutory right to a reasonable amount of time off to deal with any such matter.
The legislation does not prescribe what amount of time is reasonable but does suggest that in most cases a day or two will be sufficient to deal with the immediate crisis. If you wish to take time off work you must speak to the Duty Manager to discuss your situation and agree a reasonable amount of time away from work, which will normally be without pay.
Time Off for Parental Leave
If you have at least twelve months service with us and you wish to exercise your right to take parental leave, please speak to the Duty Manager who will advise you further regarding your entitlement and agree the time off at a time agreeable to both you and the Bar/Restaurant. Parental Leave is unpaid leave.
Time Off for Maternity
If you become pregnant, we recommend that you speak to the Duty Manager in confidence as soon as you are aware of your condition. Your safety and that of your unborn child are important to us and we would want to look at any adjustments we may need to make to your work or working conditions to help ensure that you are both kept safe.
We would also ensure that you were made fully aware of both your obligations and entitlements at an early stage, to help you plan.
Time Off when Adopting a Child
Dependent upon your length of service with us, you may be entitled to time away from work on adoption leave and may qualify for Statutory Adoption Pay. If you are adopting a child, the Duty Manager will be able to advise you of your rights and obligations.
Time Off for Paternity Leave
If your partner is pregnant or you are both adopting a child, you may be entitled to take time away from work, which dependent upon your circumstances may command Statutory Paternity Pay. Please speak to the Duty Manager who will explain in full your obligations and your rights.
Shared Parental Leave
Should you wish to exercise your right to Shared Parental Leave, you should contact the Duty Manager who will discuss your individual entitlements should you meet the eligibility requirements.
Time Off for Bereavement
In the sad event of a bereavement of a member of your family or a close friend, please discuss your circumstances with the Duty Manager and agree appropriate time away from work. Pay for such time off is at the discretion of the Duty Manager.
Time Off for Any other Reason
If you need to take time off for any other reason than covered by the paragraphs above, you must speak to the Duty Manager as soon as you are aware of the need to take time off work. They will decide whether or not the absence request is reasonable and if we can support the time away from work. You will not normally be paid for the time off.
BEHAVIOUR AT WORK
Dress Code
When working for us, you are representing the Bar/Restaurant, and as such clients, customers, members of the public and other persons will judge our Bar/Restaurant on how you present yourself and how you behave.
It is therefore, important that all our employees take care with their personal hygiene and grooming at all times. Clothes appropriate to your job role must be worn at all times whilst at work. You should wear black shoes, black trousers or skirt and a black or white top. Where working with food or drink an apron must be worn. Colour accessories are permitted. This dress code does not apply to management.
If you are issued with items of Personal Protective Equipment, then these must be worn at all times as appropriate or as instructed. Your failure to do so will be treated as a serious matter and may lead to disciplinary action.
Food Hygiene Rules
You should wash your hands regularly throughout your shift, particularly before commencing work, visiting the toilet, smoking, handling raw foods etc.
You should take all necessary steps to ensure that you do not present yourself in front of any customer or in any food preparation area smelling of smoke.
Any cuts, grazes or burns must be covered with an approved dressing from the First Aid Box. Skin coloured dressings should not be used.
If you are preparing any food, you should not wear any jewellery other than a plain wedding band.
You must follow all of our rules and procedures to ensure that there is no cross-contamination of raw and cooked foods.
All food preparation surfaces and tables etc. should be regularly cleaned. You should only use the cleaning materials provided.
Nail polish and false nails are not allowed to be worn. This includes semi-permanent nails such as acrylic or gel etc.
Uniforms and items of Personal Protective Clothing which have been issued to you, such as aprons etc., must be worn at all times when at work.
Long or mid-length hair should be tied up.
If you contract an infection or contagious illness, or have a bowel disorder, tummy upset, boils, infection etc., you should check with your doctor if you are safe to work in a food environment. You should also notify the Duty Manager of any such condition before you commence your working day.
Alcohol, Medication and Drugs
Whilst we understand that you have a right to a private life and would not wish to impede on that, it is also important that, when attending work, you are fit to do so. Therefore, if we suspect that you attend work still under the influence of alcohol or any drug which has been consumed or taken prior to you commencing work, we may send you home for the remainder of the day without pay. Such events may also result in disciplinary action.
Possession or consumption of alcohol or drugs during your working hours is strictly forbidden. If you are found to have done so you will be subject to disciplinary action, which may lead to your summary dismissal for gross misconduct.
If you are prescribed any medication by a medical professional, or you are taking any ‘over-the-counter” medication which may affect your performance at work, you must notify the Duty Manager so that appropriate action may be taken, if necessary, to ensure the safety of yourself or any other person.
Dispensing, distributing, possessing, using, selling or offering to buy controlled drugs at work is prohibited. Any such activity (including reasonable suspicion of it) on the Bar/Restaurant's premises may be reported immediately to the police and will incur the disciplinary process. We consider such actions to be Gross Misconduct.
Any employee who is required to drive in the course of their employment must not drink immediately before driving and must not take any drugs or medication that would impair your driving. You must be satisfied that you are competent to drive and would not be in breach of any law or regulation in doing so. Driving on Bar/Restaurant business whilst under the influence of alcohol in excess of the legal limits will be considered to be gross misconduct.
Medications that may affect your driving include, but are not limited to:
• Clonazepam
• Diazepam
• Flunitrazepam
• Lorazepam
• Methadone
• Morphine or opiate and opioid-based drugs
• Oxazepam
• Temazepam
If you are taking any drugs and/or medication and are unsure if you should drive you should talk to your doctor, pharmacist or healthcare professional.
Telephones
The Bar/Restaurant’s telephones are for business use only. Whilst we appreciate that you may wish to make or receive occasional personal calls, these must be kept to an absolute minimum and only when authorised. If we feel that the calls are excessive in quantity or length then we will charge you for the cost of the calls, by deducting the appropriate cost from your wages or salary. Dependent upon the circumstances, you may also be subject to disciplinary action.
Personal mobile phones should be switched off during normal working hours. If you are working remotely, then your phone may be switched on to enable people to contact you in an emergency but the use should be kept to a minimum. Under no circumstances should the use of any mobile phone, whether personal or Bar/Restaurant owned, be allowed to compromise the safety of yourself or others.
Selling of Goods at Work
If you intend to sell any items whilst at work, permission must first be given by the General Manager. No pressure should be put on any member of staff to buy any items. Under no circumstances may you sell any item to any customer or client, or sell any item which could be seen to be working in competition with us. Authorised items may only be sold on our premises during recognised breaks.
Collections at Work
Whilst we will not unreasonably object to small occasional collections for birthdays etc., you must first obtain permission from the Duty Manager before arranging any collection to enable us to ensure that the nature of the collection and the number and frequency of collections does not become a burden to any employees. We will not normally allow clients or customers to be approached to add to any collection.
Losses and Damages
Whilst we understand that accidents do happen, we expect that you should take all reasonable care with all Bar/Restaurant, clients/customers, or any third party’s property. If we suffer any loss or damage to any property or stock or equipment which is due to your failure to follow our rules or procedures, or your deliberate vandalism, or unreasonable carelessness or neglect, then we will deduct the cost of repair or replacement of any item from any salary/wage, holiday pay, sickness payment or any other monies owed to you by the Bar/Restaurant.
If we suffer any loss, fine or cost due to your actions and failure to follow our rules, procedures or legal requirements, or your carelessness or neglect, then we will deduct the cost of the loss or fine from any money owed to you by the Bar/Restaurant.
Security of Premises
If you are issued with a key for any of our premises, you must ensure that any keys are kept safe and secure at all times. Under no circumstances are you allowed to make copies or give authority for an unauthorised person to use the key/s. The Duty Manager must be informed immediately if your key/s are lost or stolen. Your failure to comply with these rules may result in disciplinary action.
If you are the last member of staff to leave the premises at the end of the day you must ensure that all customers and other individuals have left the building, all lights and electrical equipment has been switched off, the alarms are activated, doors and windows are closed and locked, the shutters are closed and the premises are left safe and secure
Employee’s Property
We request that you do not bring any of your own unnecessary personal property with you during working hours. Any personal property that you do bring with you is your own responsibility and the Bar/Restaurant will not accept any liability for any loss or damage that is caused to your personal property.
General Behaviour and Standards
An efficiently run Bar/Restaurant is our aim and we expect you to help us achieve this goal. You play an important role in ensuring that we operate in a cost-effective and efficient manner. In particular, we expect that you handle all stock and property etc. with care to minimise any loss or damage. You should always try not to waste energy by leaving any unnecessary lighting, heating or equipment turned on when not in use and that, if your job role is quiet or you have a downturn in work, you help other colleagues as appropriate. If there is no work of your own available for you to complete, then you should contact the Duty Manager who will delegate work as appropriate.
Under no circumstances should you take any action which may compromise the health or safety of yourself or others.
Private Work
If you wish to carry out any private work in your own time, you must discuss the matter in advance with the Duty Manager and gain written authorisation. Whilst we will not unreasonably forbid you from performing such work, we will need to ensure that you are not working in competition with us or performing work which the Bar/Restaurant could reasonably have been expected to carry out.
If you are found to be working in competition with us or carrying out work which could have been performed by the Bar/Restaurant, or carrying out your own private work during the Bar/Restaurant’s time we will view this as Gross Misconduct and it could lead to your summary dismissal.
Carrying out any private work should not impact on your performance at work. If such work takes you over an average of 48 hours’ work a week (in total for both jobs) then you will be required to sign a 48 hour opt-out form.
Tabs
If a customer or a table, open a tab, you should ensure that all items of food and beverages are entered accurately onto the tab at the time of ordering. If items are found to be missing from the tab and as a result the customer fails to pay for any items, the cost of such items will be deducted from any monies owing to you.
If you wish a tab to be raised to collate items of food and beverage for yourself or your family, you should ask another member of staff to do so for you and to take your payment to settle your tab. You must not raise a tab for yourself or settle a tab which has been raised for you.
Walkouts
If a customer walks out on a table you are responsible for you will be required to settle 50% of the bill.
CCTV
This policy sets out how our approach to the use of CCTV in the workplace affects our employees. Cameras are installed on our premises primarily for ensuring the safety of staff and customers and also for the purpose of detecting and preventing crime.
Limits on use of CCTV
CCTV cameras will not be operated in toilets, private offices or changing rooms, unless this is necessary to gather information which could not reasonably be gathered by any other means. CCTV will be used in this way only where it is a proportionate means of achieving the aim in the circumstances.
Covert CCTV will only ever be set up for the investigation or detection of crime or serious misconduct. The use of covert CCTV will be justified only in circumstances where the investigator has a reasonable suspicion that the crime or serious misconduct is taking place and where CCTV use is likely to be a proportionate means of securing evidence.
Evidence from CCTV footage in disciplinary meetings
CCTV evidence may be used against you in disciplinary proceedings and if so, you will be given a chance to see and respond to the images in these circumstances.
Storage of CCTV footage
Images from CCTV footage will be securely stored and only authorised personnel will have access to them. The images will be retained only long enough for an incident to come to light and any investigation to be conducted.
Subs
Under no circumstances may you take any sub from the till without express permission from the General Manager. If you are found to have done so, the amount will be deducted from any monies owing to you and will be regarded as an act of Gross Misconduct which could lead to your summary dismissal.
Till Errors and Shortages
If you make an error taking payment through our till, then you should notify the Duty Manager immediately so that this can be rectified. If a till is found to be short without a good reason, the shift on duty will have the amount of the shortages deducted from any monies owing from them. If we can be sure of who caused the shortage, then the shortage will be deducted from that person only.
Serving Customers
You should behave at all times with respect and courtesy to our customers. Under no circumstances should you serve any item of food or drink free or charge or at a reduced price without prior authorisation from the Duty Manager. If you are found to have done so, the difference between the full price and the reduced price will be deducted from any monies owing to you and you will be subject to disciplinary action.
Drinks Whilst at Work
During your working hours, you may have a reasonable amount of cordial or post mix of charge. Any other item must be paid for in full. Further information is available on the till. If you are found to have had any other beverage or item of food without paying the full price, the cost will be deducted from any monies owing to you and you will also be liable to disciplinary action, which dependent upon the circumstances may be regarded as gross misconduct and could lead to your summary dismissal.
Option to Leave Early (OPTL)
Dependant on the nature of your role there may be occasion when are granted the option to leave work earlier than your finish time. Requests of this nature must be made to the Duty Manager and will only be granted once operational requirements have been assessed. If your request is granted the time off will be unpaid.
Accident Reporting
Any accident or incident at work, no matter how small, should be detailed in the Accident Book, in accordance with Bar/Restaurant guidelines. It is important that all accidents are recorded as the entries will be monitored by the Bar/Restaurant so that we can take all necessary steps to ensure that all our employees and any visitors to our premises are as safe as possible from the risk of harm.
More serious accidents, and any accident to a visitor on our premises, should also be brought to the attention of the Duty Manager as soon as possible.
Smoking
Smoking, including the use of electronic cigarettes, is not allowed on our premises or at any public entrance to our premises. Smoking is only allowed in the designated outside area and only during your authorised break times. After smoking, you should ensure that you wash your hands and take whatever steps are reasonable to ensure that you do not return to your workplace smelling of smoke. Your failure to comply with these rules may result in disciplinary action.
Personal Details
It is important that we have up to date and accurate records of your personal details, such as telephone number, address, next of kin name and address, bank details etc.; therefore if any of the details which we hold change, it is imperative that you notify us, in writing, as soon as possible.
Emergency Evacuation Procedures
You should make yourself aware of the procedures to be followed should it be necessary to evacuate any work related premises in an emergency, (e.g. a Fire Alarm sounded).
Right of Search
We aim to build and maintain a relationship characterised by mutual trust and respect. Whilst the vast majority of employees are trustworthy, there may occasionally be employees who do not maintain the same high standard of integrity. It is important that these employees are correctly identified in order to preserve the relationship that the Bar/Restaurant enjoys with trustworthy employees.
We have a contractual right to carry out searches of employees in the workplace both to identify any wrongdoing and also to protect the integrity of innocent persons.
All searches will be carried out with regard to the Bar/Restaurant’s policies on Equal Opportunities and Bullying and Harassment.
Searches will be carried out in private and we will always try to ensure that the search is carried out by a member of the same sex as the employee being searched, or that the person carrying out the search is accompanied by a member of the same sex to witness the search.
All searches will be witnessed by a senior member of staff and, you have the right to be accompanied by a colleague of your own choosing who is on site at the time of the search.
We may, for example, ask you to empty your pockets, bag, drawers or cabinets and to remove your coat, jacket, shoes or other outer clothing. If you have a vehicle parked on our premises, then we may ask you to open your car boot and doors to allow us to view the contents.
At no time will the person conducting the search touch you or your property.
A written record will be made of each search, including:
a. The time and date of the search;
b. The reason for the search;
c. Names of those present;
d. The outcome of the search;
This record will be signed by all parties present.
Failure to consent to a search without reasonable justification may be treated as a breach of contract and could lead to disciplinary action, which, dependent upon the circumstances could result in your dismissal.
Confidentiality
Any information that has been acquired by you regarding our business, our clients or customers, suppliers, associated companies, or any other persons or bodies with whom we have dealings of any sort (and which has not been made public by us or with our express authority) shall be treated as confidential information.
You must not disclose any such information either during your employment with us or after termination of employment without our prior written consent (except as required by law).
You should take all steps to safeguard any such information. This includes all documentary information held on any medium. Upon termination of employment, or at any other time when so requested, any information which you hold in written form or stored on any kind of storage device, must be returned to us.
Care must be taken when discussing our business that you cannot be overheard (e.g. in corridors, on the telephone etc.).
Breaches of confidentiality will be dealt with using our disciplinary procedures and, dependent upon the circumstances, may be regarded as Gross Misconduct, which could lead to your summary dismissal.
Specific factors of your employment that you may not disclose includes
- the wages of yourself or others – including bonuses
- specific or personal details of customers
- recipes or techniques used by the company
- any administrative processes used
- anything that endangers the staff or the managers
- specific software or processes used
- passwords or codes
Health and Safety Statement
The Bar/Restaurant is committed to, and accept, our responsibilities for ensuring, so far as is reasonably practicable, the health, safety, welfare and wellbeing at work of all employees and to ensuring that the Health and Safety of visitors, contractors and the general public are not affected as a result of the activities of our Bar/Restaurant. This is fully in keeping with the requirements of the Health and Safety at Work etc. Act 1974 (HASWA), and other relevant legislation.
We take safety seriously and we will set clear action plans to improve our performance. Everybody in the Bar/Restaurant must ‘play their part’ so if you see something that is unsafe, ‘don’t walk by’, take appropriate action. Remember that Health and Safety is not just the responsibility of management, but for everyone who works for the Bar/Restaurant.
EMAIL AND INTERNET POLICY
Email and internet usage are an important part of effective communication and information gathering within the workplace. They can be a fast and reliable method of communicating both internally and with outside bodies such as customers or clients, suppliers etc., therefore can have obvious significant advantages to our business.
Email and internet usage is limited to legitimate business purposes only. Personal usage is not allowed whilst at work.
Equipment and Data Security
If you are issued with any equipment such as a laptop, mobile phone with email or internet access, PDA, etc. You should take all reasonable steps to ensure the safekeeping of both the equipment and any data either stored, or displayed on any such device. If any such equipment is lost, damaged or stolen as a result of your negligence, we may deduct the cost, or partial cost, of the repair or replacement of any items, from any monies owing to you. We may also invoke the disciplinary process.
All data relating to our business, including that relating to any person in any way related to our business such as a customer or supplier etc. must not be stored on any equipment which does not belong to the Bar/Restaurant. If you are found to have done so you will be liable to disciplinary action.
Care should also be taken to protect the data from being accessed or read by any unauthorised person. You should therefore ensure that your computer screen is switched off when away from your workstation. If you are accessing information from a mobile device then care should be taken to ensure it cannot be read by anyone around you (e.g. if sitting in a cafe or on the train etc.) The Data Protection code of practice should be adhered to at all times when dealing with sensitive personal data.
If passwords are issued, then you should not give your password to any other person, either within the organisation or external to it.
Our email and internet systems may only be used by persons authorised by the Bar/Restaurant to do so.
Unauthorised access may result in disciplinary action.
You must not modify any existing systems, programmes, information or data without permission from the General Manager. When deleting any information, you should ensure that such a deletion could not have an adverse effect on the Bar/Restaurant or expose us to any risk.
You are forbidden from downloading or installing any software from any source without express permission from the General Manager. This includes using USB flash drives, PDA, mobile phone etc.
E-mail Usage
Email can be used both to contact and pass information to others both formally and informally.
Care should be taken to ensure the most appropriate method of communicating with each party is used. You should remember that any offer or contract etc. is just as binding when sent by email as by any other way. The Bar/Restaurant’s standard disclaimer should always be in evidence on emails sent by you.
Care should be taken when transmitting personal, sensitive or confidential information. If you are unsure you should check if the recipients email address is confidential and that they know the nature of the information being transmitted.
You should not breach any copyright or intellectual information when transmitting information.
You should not send any inappropriate material to any party which could be deemed to be offensive, abusive, obscene, discriminatory, harassing, defamatory or derogatory, whether or not the recipient indicates they would not object. If you receive any transmission which you deem to be offensive or upsetting, you should immediately notify the General Manager.
Additionally, you should not:
• Use the system for personal use
• Send or forward chain mail, junk mail, jokes, gossip etc.
• Use the system for trivial and unnecessary messages
Internet Usage
When you visit websites, devices are often employed to enable the site owner to identify the source of the visit. It is therefore important that you only visit reputable sites which are necessary for the performance of your duties.
You must not visit any site or download any information which is illegal, immoral, offensive, abusive, obscene, discriminatory, harassing, defamatory or derogatory. If you have reason to believe any other employee is doing so, you should report your concerns to the Duty Manager as soon as possible.
You should not attempt to access any information which you know is restricted and you are not authorised to view.
Personal use of our internet system is forbidden.
Monitoring
The Bar/Restaurant reserves the right to monitor all email and internet usage to ensure adherence to this policy regardless of whether the usage is during or outside of normal business hours. Subsequently any private usage should be authorised by the General Manager. We will monitor the use of our email and internet system, including where appropriate opening and reading emails (in line with Data Protection legislation). It is therefore important that you do not send any personal emails, particularly of a sensitive or embarrassing nature.
We will monitor usage to ensure:
• Bar/Restaurant policies, standards and guidelines are being followed
• To provide evidence of transmissions and communication
• To ensure there is no unauthorised usage
Use of Social Media
You are forbidden from accessing social media for personal purposes whilst at work, whether on our computer equipment or your own (except for during authorised breaks). Social media is a type of interactive online media that allows parties to communicate instantly with each other or to share data in a public forum. This includes online social forums such as Twitter, Facebook and LinkedIn. Social media also covers blogs and video- and image-sharing websites such as YouTube and Flickr; however, this is not an exhaustive list.
We understand that many employees make use of social media in a personal capacity. While you are not acting on behalf of the Bar/Restaurant, you must be aware that you can still damage the Bar/Restaurant if you are recognised as being one of our employees.
Whilst you are allowed to say that you work for us, and sometimes want to discuss your work on social media you must not make any derogatory comments regarding our business, other employees, Management, our clients or customers, suppliers, or any other person, business or other entity in any way connected to our business. This applies whether or not it is on our equipment or your own and if communicated in works time or your own time.
Your online profile username (for example, the name of a blog or a Twitter name) must not contain the Bar/Restaurant’s name.
If you do discuss your work on social media (for example, giving opinions on their specialism or the sector in which the organisation operates), you must include on your profile a statement along the following lines: "The views I express here are mine alone and do not necessarily reflect the views of my employer".
Any communications that you make in a personal capacity through social media must not:
1. Bring the Bar/Restaurant into disrepute, for example by:
• criticising or arguing with customers, colleagues or rivals;
• making defamatory comments about individuals or other organisations or groups; or
• posting images that are inappropriate or links to inappropriate content;
2. Breach confidentiality, for example by:
• revealing trade secrets or information owned by the Bar/Restaurant;
• giving away confidential information about an individual (such as a colleague or customer contact) or organisation (such as a rival business); or
• discussing the Bar/Restaurant's internal workings (such as deals that it is doing with a [customer/client] or its future business plans that have not been communicated to the public);
3. Breach copyright, for example by:
• using someone else's images or written content without permission; or
• failing to give acknowledgement where permission has been given to reproduce something;
4. Do anything that could be considered discriminatory against, or bullying or harassment of, any individual, for example by:
• making offensive or derogatory comments relating to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, or perceived sexual orientation;
• using social media to bully another individual (such as an employee of the Bar/Restaurant); or
• posting images that are discriminatory or offensive or links to such content;
5. Be of a nature which would cause us to lose faith in your integrity, or any of our customers to lose faith in the integrity of the Bar/Restaurant.
To summarise:
You must not make any derogatory comments regarding our business, other employees, Management, our clients or customers, suppliers, or any other person, business or other entity in any way connected to our business. This applies whether or not it is on our equipment or your own and if communicated in works time or your own time.
You should also take care to limit who has access to view your comments or photographs etc on such sites. Alternatively if your behaviour is deemed to have brought the Bar/Restaurant into disrepute, or caused any client, supplier, other business or any other entity connected to our business, to lose faith in the Bar/Restaurant’s integrity, you will be liable to disciplinary action, which dependent upon the circumstances, could lead to your summary dismissal.
EQUAL OPPORTUNITIES AND VALUING DIVERSITY POLICY
Introduction
We are committed to Equal Opportunities for all individuals or groups, whilst also, being committed to promoting a positive attitude towards diversity within our Bar/Restaurant. We aim to ensure that all employees have the opportunity to maximise their potential and enhance their self-development and their contribution to the Bar/Restaurant.
The aim of our Bar/Restaurant is to embrace the differences that various cultures bring into our Bar/Restaurant and we also recognise that people from different backgrounds can bring fresh ideas and perceptions, which ultimately can improve our products and services, and our working environment. Managing diversity successfully will help our Bar/Restaurant to nurture creativity and innovation, thereby allowing us to tap hidden capacity for growth and improved competitiveness.
Valuing diversity is an effective way of dealing with equal opportunities issues. It emphasises the business and personal benefits that accrue from valuing the differences between people, rather than just complying with the law. We believe that organisations that grasp the additional business opportunities generated by managing diversity effectively are far more likely to enjoy a sustained competitive advantage than those who do not.
The aim of this non contractual policy is to ensure that every member of staff feels valued at work and is not discriminated against, harassed or bullied, or made to feel under threat or intimidated, either directly, indirectly, on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, or perceived sexual orientation.
Recruitment and Selection
We will uphold equal opportunities for all during our recruitment process. Candidates will be recruited solely on their own merits and their ability to carry out the job role. Interview questions and selection processes will all be relevant to the job and will not be of a discriminatory nature.
Recruitment and selection will be made by matching the best person to the job role.
We will aim to take steps to ensure that knowledge of vacancies reaches a wide labour market and, where relevant, groups under-represented in the Bar/Restaurant. Where appropriate, use may be made of lawful exemptions to recruit suitably-qualified people to cater for the special needs of particular groups.
Short listing and interviewing of candidates will be carried out by more than one person where possible.
Training and Promotion
Any opportunities for training within the Bar/Restaurant will normally be made known to all employees.
Selection for training will be made in line with this policy and will be made solely on the merits of the particular situation.
All vacancies will be advertised internally and individuals given the opportunity to apply for any posts. Selection for interview will be in line with the recruitment and selection details above.
Monitoring
We aim to monitor all applications from both internal and external candidates with a view to ensuring the effectiveness of our procedures. Such monitoring will not be used as part of the selection criteria for selection of new staff or for selection of existing staff for training or promotion opportunities, or any other decision related to your employment with us. All information gathered is stored separate from your personnel file and application forms.
HARASSMENT AND BULLYING POLICY
Introduction
It is important that individuals work together in a professional manner and with mutual respect for each other. Everyone has the right to dignity at work and individuals should be aware of the results their actions or comments may have on others, both within our Bar/Restaurant and outside.
We are committed to encouraging and maintaining good employee relations and a working environment in which every member of staff feels safe and can work effectively.
We will not tolerate any form of harassment or bullying towards any of our staff, or by any of our staff, and will take any accusation of such behaviour seriously. If we receive a complaint, or become aware of any harassment or bullying we will take all relevant steps to stop such behaviour and take whatever action is appropriate against the perpetrator.
You should be aware that in some cases, such behaviour may be a criminal offence and the perpetrator could be arrested and charged by the police.
Statement of Policy
This policy applies to all staff working within the Bar/Restaurant and to all employees working off the premises. It extends to include non-permanent workers such as secondees, contractors, agency, temporary staff, consultants and any other workers. The policy, in addition, covers the behaviour of staff outside working hours which may impact upon work or working relationships.
You are responsible for your own behaviour and for ensuring that your conduct is in accordance with the principles set out in this policy. You should also report any instance of bullying or harassment which you witness or which comes to your attention.
No employee will be victimised or suffer detriment for making a complaint of harassment or bullying.
What is Harassment and What is Bullying?
Harassment
Harassment may be defined as any conduct which is unwanted and uninvited and has the result of causing the recipient to feel humiliated or distressed or upset in any other way. It can be conduct of a verbal, non-verbal or physical nature. Harassment has the effect of violating a person’s dignity or creating an intimidating, hostile or degrading atmosphere.
Harassment may be an isolated occurrence or repetitive. It may occur against one or more individuals.
Bullying
Bullying means offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power intended to undermine, humiliate, denigrate or injure a colleague.
Bullying does not include legitimate and constructive criticism of performance or behaviour, an occasionally raised voice, or an argument. Examples of bullying include ridiculing or demeaning others, particularly junior colleagues, overbearing supervision and unjustifiably excluding colleagues from meetings/communications.
Examples of harassment or bullying could include:
• Physical abusive or threatening behaviour
• Humiliating an individual
• Picking on one person when there is a common problem
• Shouting at an individual to get things done
• Consistently undermining someone and their ability to do the job
• Setting unachievable targets or excessive workloads
• Overbearing and intimidating levels of supervision
• Insensitive jokes, banter or pranks
• Unwanted physical contact or standing too close to someone
• Malicious gossip, jokes and banter, offensive language
• Offensive literature or pictures, graffiti and computer imagery
• Excluding individuals from conversations or activities, non-co-operation
• ‘Horseplay’ – including touching, pushing, pinching, name-calling, mocking, belittling etc.
Harassment and Bullying is any behaviour that is unwanted or uninvited by the person to whom it is directed. It is the effect that the behaviour has on the recipient rather than the intent of the perpetrator which is the measure of whether or not bullying or harassment has occurred. It is totally unacceptable and we will always treat complaints of bullying and harassment seriously.
How to Make a Complaint
Very often people are not aware that their behaviour is unwelcome or misunderstood and an informal discussion can sometimes solve the problem. However, if you feel you are being bullied or harassed, we realise that the situation may be sensitive and may make you feel vulnerable or in fear of reprisal and therefore, may make it difficult for you to raise a complaint. Subsequently, we suggest you consider discussing matters informally with the General Manager, in confidence, who will then be able to support you when pursuing the matter. If you feel able to do so, you should then raise the matter informally with the perpetrator, with the Duty Manager to support you.
If this does not solve the problem, or if the matter is more serious, (or if you do not feel able to do so,) you should report the matter to the Duty Manager as a formal complaint. You will then be required to put the complaint in writing.
Formal Complaint
We endeavour to manage complaints in a timely and confidential manner via an investigation to establish full details of what happened. Your name and the name of the alleged harasser will not be divulged other than on a "need to know" basis to those individuals involved in the investigation. At the outset, someone with no prior involvement in the complaint will be appointed. The investigation will be impartial and objective, and will be carried out with sensitivity and with due respect for the rights of all parties concerned.
Consideration will be given to whether the alleged harasser or bully should be redeployed temporarily, or suspended on contractual pay or whether reporting lines or other managerial arrangements should be altered pending the outcome of the investigation.
As part of the investigation, the person will meet with you to hear your account of the events leading to your complaint. You have the right to be accompanied by a colleague of your choice. The investigating officer will also meet with the alleged harasser or bully who may also be accompanied by a colleague. It may also be necessary to interview witnesses to any of the incidents mentioned in your complaint. Where it is necessary to interview witnesses, the importance of confidentiality will be emphasised to them.
At the conclusion of the investigation, the outcome of the findings will be notified to both you and the alleged harasser usually within two weeks of your complaint first being reported.
If the conclusion is that harassment or bullying has occurred, prompt action will be taken to stop the harassment or bullying immediately and prevent its recurrence. The findings will be dealt with under the disciplinary procedure. Consideration will be given to whether the harasser or bully should be dismissed and, if not, whether he or she should remain in his or her current post or be transferred. Even where a complaint is not upheld, (for example, where evidence is inconclusive), consideration will be given to how the on-going working relationship between you and the alleged harasser or bully should be managed. This may involve, for example, arranging some form of mediation or counselling or a change in the duties or reporting lines of either party.
Should the investigation show that there may be a case to answer the Bar/Restaurant’s disciplinary procedure will be invoked against the alleged perpetrator.
Confidentiality
At all times throughout the process and after, all parties involved, including the alleged perpetrator, the victim, the General Manager, and any witnesses will need to give due consideration to confidentiality. As such, all parties will be reminded that they should not breach confidentiality and should not discuss the matter with anyone outside of the procedure.
Details of the investigation and any subsequent disciplinary procedure which may take place, will be kept on the employees personnel file.
Untrue Claims
Whilst we will support all parties during and after a thorough and objective investigation into the allegation as appropriate, if through the course of the investigation and subsequent disciplinary meetings evidence demonstrates that the allegation has been made maliciously, or for personal gain, then the individual making the complaint will be subject to Disciplinary proceedings as outlined in the Bar/Restaurant’s Disciplinary Policy.
Appeals
If you are not satisfied with the outcome of the investigation, you have the right to appeal the decision within 7 calendar days of being notified of the outcome. You should submit your full written grounds of appeal to the General Manager. The person hearing your appeal will meet with you to discuss your appeal. You may be accompanied by a colleague or Trade Union Official. You will normally be notified of the outcome of the appeal within fourteen days of this meeting. This is the final stage of the formal procedure.
WHISTLE BLOWING POLICY
Introduction
We have both a grievance procedure and a bullying and harassment procedure in place to enable you to lodge a grievance relating to your own employment.
The whistle-blowing policy is intended to cover other serious concerns which fall with the Public Interest Disclosure Act 1998. We are committed to running our business with honesty and integrity and within the restraints of the law. As such whilst legislation protects you from suffering a detriment at work if you take a matter to a relevant outside body, we would hope that you would feel able to bring any concerns you may have to the attention of the Duty Manager with confidence that any such concern would be dealt with appropriately and swiftly and without any fear of reprisal, even if your belief of wrongdoing turns out to be unfounded as the result of a thorough investigation.
Whistle Blowing is the everyday term used to describe a disclosure made to someone in authority alleging corruption, malpractice or wrongdoing on the part of another person. In employment whistle blowing refers to an employee (“whistle blower”) making a disclosure about a colleagues conduct in the course of employment, or about employer’s practices
The Legal Position
Employees and workers who make a ‘protected disclosure’ are protected from being treated badly or being dismissed as a result of making the disclosure.
• criminal offences,
• risks to health and safety,
• failure to comply with a legal obligation,
• a miscarriage of justice
• environmental damage
• abuse of a service user.
For a disclosure to be protected it must be made to an appropriate body. For example, disclosing a health and safety issue to the Health and Safety Executive is likely to be protected, but not if the concern was disclosed to the media. The raising of a concern will be covered by this policy provided you have a reasonable belief that the disclosure is made in the public interest.
Procedure
We are committed to the highest possible standards of operation. In line with that commitment we encourage you to consider raising the matter with the Duty Manager before taking the matter to an outside body. We will take all such concerns seriously and any individual raising legitimate concerns under this policy will not be subjected to any detriment either during or after employment. All such concerns raised will be thoroughly investigated and appropriate action taken accordingly.
Safeguarding Complaints
We recognise that the decision to report a concern can be a difficult one to make and we will support you during the process. We will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect you when you raise a concern to us in good faith.
Every effort will be made to keep the identity of the whistle blower who makes a disclosure under this policy confidential, at least until a formal investigation is under way. In order to ensure that a fair investigation can take place the whistle blower will also be expected to keep the fact that they have raised a concern, the nature of the concern and the identity of those involved confidential. It may be that during an investigation, disciplinary or legal proceedings that the company no longer maintains the whistle blowers confidentiality. If that does occur then the company will endeavour to notify the whistle blower in advance.
Untrue Allegations
If you make an allegation, but it is not confirmed by the investigation, no action will be taken against you. If, however, you make an allegation maliciously, vexatious, or for personal gain, disciplinary action may be taken against you and, dependent upon the circumstances, this may be treated as Gross Misconduct.
DISCIPLINARY PROCEDURES
Introduction
We have developed our disciplinary procedures in order to provide clear and transparent structures for dealing with difficulties which may arise as part of the working relationship and to ensure that such difficulties are dealt with in a fair and equitable manner in compliance with the Acas Code of Practice.
We would hope to informally resolve potential disciplinary issues. However, where an issue cannot be resolved informally, then there is often no option other than to follow a formal process. This policy sets out the basic requirements of fairness that will be applicable in most cases.
We regard disciplinary action as a corrective measure to foster an improvement in the conduct or attitude of the employee concerned and not as a punishment. Disciplinary procedures are necessary to let all of our employees know what is expected of them in terms of standards of performance or conduct (and the likely consequences of continued failure to meet these standards) and to enable management and employees to determine suitable goals and timescales for improvement in an individual's performance or conduct. The following procedures do not form part of your contract of employment.
The Process
There will normally be a full investigation of the facts before a decision to take any disciplinary action is invoked. Dependent upon the circumstances, we may hold an independent investigation meeting to determine if a formal disciplinary hearing is necessary. At all stages of the process, we will ensure that matters are kept confidential and expect you to do the same.
If we feel that it is necessary to take disciplinary action, we will notify you in writing of our concerns. Where relevant, we will supply you with details of any evidence we will be using in the disciplinary hearing. You will be given a reasonable amount of notice to attend the meeting and to arrange for another member of staff or a Trade Union Official to accompany you.
If we regard an offence as potential Gross Misconduct, we may suspend you on your normal contractual pay for the duration of the process. This period will be kept as short as is reasonably practical to investigate the matter, hold any necessary disciplinary hearing and consider the outcome.
At the meeting, we will outline our concerns and you will be given ample opportunity to explain your version of the situation and also to bring any supporting evidence to our attention. You may also ask witnesses to deliver their version of events to support you if you so wish. We will listen to what you say and will consider all points you put forward before reaching a decision on whether any disciplinary sanction is to be imposed. No decision will be made regarding any disciplinary action before we have had time to consider the discussion and any evidence produced at the meeting.
Outcome of the Meeting/s
After the meeting has concluded we will take time to consider all the evidence, and we will take one of the options listed below:
1. No Action
If we feel that there is no case to answer, or there is insufficient evidence to support any action, or if we feel that you were genuinely unclear about what was expected from you and you agree to take remedial action, we may decide it is appropriate to take no further action.
2. Warning
If we feel that you have not presented a valid reason or supporting evidence for the misconduct, we will issue you with a formal warning. Dependent upon the circumstances, this could either be a formal verbal warning, a written warning, or a final written warning.
Except for cases of Gross Misconduct or a short period of service, we will not normally proceed to dismissal for a first offence.
3. Dismissal
If you are in receipt of prior warnings, we may decide to terminate your employment with us, giving you your contractual notice. If your misconduct is determined to be Gross Misconduct, then you will be summarily dismissed, (without any notice or pay in lieu of notice), irrelevant of whether or not you have had any previous warnings.
4. Demotion
If you are in a supervisory or managerial position, we may decide to demote you, except in the case of Gross Misconduct.
5. Suspension without pay
We may decide to suspend you without pay for a period up to 5 working days, except in the case of Gross Misconduct.
Notification of Outcome of the Disciplinary Meeting
We will notify you, in writing, as soon as we have considered the evidence and have reached a decision. The timescale will depend upon the complexity of the situation however, this will normally be no more than 7 calendar days after the meeting has taken place, unless there is good reason why this cannot be so. The letter will outline our reasons for the decision made and, where disciplinary action is taken, the level or nature of the sanction imposed. It will also name the person to whom you should address an appeal to should you wish to do so.
Right of Appeal
You have the right to appeal against any decision made. If you wish to do so, you should state your reasons in writing to the person named in the disciplinary decision letter, within 7 calendar days of the date on the letter. The person hearing your appeal will meet with you to discuss your appeal, normally within 14 calendar days. You may again be accompanied by a colleague or Trade Union Official at this stage of the process. You will be notified of the outcome of the appeal normally within 14 calendar days of this meeting. This is the final stage of the formal procedure.
Right to be Accompanied
You have the right to be accompanied by a fellow employee of your choice, or by a Trade Union Official at all stages of the formal disciplinary procedures and at any subsequent appeal meetings.
It is your responsibility to arrange for the appropriate person of your choice to be informed of the matter and the dates of the hearing/s. If you wish a member of staff to accompany you, then either yourself or the person concerned, should notify us as early as possible, so that we can ensure that they can be released from their duties at the appropriate times.
We wholeheartedly support the right to be accompanied and any person who agrees to accompany a member of staff at any disciplinary or appeal hearing, will not be subject to any form of detriment as a result of doing so.
Record-Keeping
We will take notes of all meetings held and these, along with any supporting evidence used in the investigation and meetings will be held on your personnel file. Details of any disciplinary action taken will also be kept.
Examples of unsatisfactory conduct and misconduct
• Failure to comply with our health and safety rules
• Gambling
• Smoking outside of designated areas and/or outside of your authorised break times
• Unacceptable levels of absenteeism or lateness
• Failure to follow our absence reporting procedures
• Unsatisfactory work performance
• Failure to carry out reasonable management instructions
• Failure to comply with Bar/Restaurant rules, procedures and guidelines
• Use of objectionable or insulting language or behaviour
• Failure to report any damage to our property or premises caused by you or witnessed by you
• Breach of our email and internet policy, including excessive personal use
• Deliberate misuse or neglect of Bar/Restaurant property or vandalism
• Excessive use of the Bar/Restaurant’s telephone for personal calls
• Negligence in the performance of your duties
• Leaving your place of work without first notifying the General Manager
Serious Misconduct
Dependent upon the circumstances, any of the above examples could be deemed to be Serious Misconduct and as such, if a disciplinary sanction is imposed this could be a final written warning even though no other warnings have been given.
Examples of Gross Misconduct
• Theft or fraud
• Physical violence or bullying
• Threatening behaviour or language
• Being under the influence of alcohol
• Attending work under the influence of illegal drugs, or being in possession or supplying illegal drugs whilst at work or during working hours
• Any action, or breach of health and safety rules which does, or could be expected to, endanger the health or safety of yourself or any other person
• Acceptance or administration of gifts or hospitality etc without prior permission from the Bar/Restaurant;
• Bribing or attempting to bribe another individual, or personally taking or knowingly allowing another person to take a bribe
• Any act or omission which could cause the reputation or integrity of the Bar/Restaurant to be compromised or bring the Bar/Restaurant into disrepute
• Discriminatory behaviour
• Deliberate fraudulent or false claims of bullying, harassment or victimisation
• Accessing internet sites or downloading information from such sites, which contains offensive, illegal, obscene or pornographic material
• Knowingly perpetrating or taking part in acts of Discrimination or Harassment
• Providing false information re your right to work in the UK
• Deliberate and serious damage to property
• Causing loss, damage or injury through serious negligence
• Bringing the Bar/Restaurant into serious disrepute
• Unauthorised use or disclosure of confidential information or failure to ensure that confidential information in your possession is kept secure
• Serious misuse of the Bar/Restaurant’s information technology systems (including misuse of developed or licensed software, use of unauthorised software)
NB: the above lists are neither exhaustive nor prescriptive in the level of disciplinary sanction which may be imposed. You may be disciplined for any other reason which is considered misconduct or unsatisfactory conduct.
When considering the level of disciplinary action to be taken against individuals, we will take into account both the severity of the offence, the impact on the Bar/Restaurant or other individuals and any mitigating circumstances.
Therefore, the above categories are guidelines only and a higher or lower level of disciplinary action may be imposed, dependent upon the circumstances.
Validity Period of Warnings
We will keep a record of warnings issued and appeal details in your personnel file. Whilst such information will normally be kept in your personnel file permanently, it will normally be disregarded for further disciplinary purposes in line with the following:
Verbal warning – after a period of 3 months
Written warning – after a period of 6 months
Final warning – after a period of 12 months
Appeal Process
If you feel you have been treated unfairly in the disciplinary process, or that the sanction imposed was too heavy or unfairly administered, you have the right of appeal.
You should write to the person detailed in the outcome letter, within 7 calendar days of the date of the letter, outlining the grounds for your appeal.
We will then arrange to hear your appeal, normally no more than 14 calendar days after receipt of your letter of appeal.
In interests of fairness, your appeal will normally be held by a different person than the one who held the disciplinary hearing.
We will notify you in writing of the decision, normally within 14 calendar days of the hearing.
CAPABILITY PROCEDURES
Introduction
During your employment with us, there may come a time when, through no fault of your own, you become incapable of carrying out your duties fully or in a timely fashion.
This could be for many reasons, such as:
• Changes within the Bar/Restaurant which affect your job
• New equipment or tools etc.
• Health Issues
If such a situation arises, we aim to support and help you to overcome any difficulties which prevent you from performing in your job role. With this is mind, we have developed these non-contractual procedures to ensure fairness and sensitivity when dealing with such issues.
Stage 1
If we have concerns about the level of your performance at work, we will meet with you to discuss our concerns. You will be encouraged to be open and honest with us if there are any circumstances which are affecting your performance.
At this meeting, we will advise you what standards are expected and also agree with you any help and appropriate timescales which you may need to achieve those standards. The help and any timescales set will obviously be relevant and appropriate to your situation but could include things such as training or re-training, reasonable adjustments, transfer to another more suitable job role, coaching etc. It may also be appropriate for us to ask you for access to your medical records to allow us to facilitate any relevant help or reasonable adjustments to enable you to work effectively. Whilst you do not have to comply with this request, we would ask that you co-operate if the need arises.
Stage 2
1. Incapability Due to Health Issues
If your incapability to perform your job effectively is due to an on-going health issue, it may be advisable for us to obtain input from the medical profession to aid us in helping you. As such, we may ask for permission to contact your GP or any other person in the medical profession who has knowledge of your illness or condition (e.g. a consultant or other specialist etc.).
Our aim of seeking such information is to help us to consider if any, reasonable adjustments would be appropriate for your situation and also for us to consider any other advice the medical professional could give to help us to protect your employment with us. However, if upon receipt of such medical information, it is apparent that you are unable to continue in our employment, we may have no alternative, than to terminate your employment with us.
2. Incapability due to Non-Health Issues
If your performance does not improve to the required standards set within the prescribed timescales, you will be invited, in writing, to a second meeting to discuss your performance. If no acceptable improvement has been made, you may be issued with a written warning. If an acceptable improvement has been made, we will not issue any warnings at this stage, but will continue to monitor your performance.
You will again be notified of what improvements are expected from you and a third meeting will be arranged to review your progress. If, at this further meeting, your performance is still unacceptable, you may be issued with a final written warning. If an acceptable improvement has been made, we will not issue any further formal warning, but will continue to monitor your performance.
You will again be notified of the improvements needed and a fourth meeting will be arranged to review your progress. If at this meeting there has not been an acceptable improvement in your performance, we may take the decision to terminate your employment. If there has been continued or further improvement, we will decide whether further reviews of your performance are necessary.
Monitoring and Support
At all times throughout this procedure, we will monitor your performance and consider relevant support to help you to reach the required levels.
Appeal Process
If the decision is taken to issue any formal warnings or to terminate your employment, you will have the right to appeal against such a decision. You should write to the person detailed in the outcome letter, within 7 calendar days of the date of the letter, outlining the grounds for your appeal.
We will then arrange to hear your appeal, normally no more than 14 calendar days after receipt of your letter of appeal.
In interests of fairness, your appeal will normally be held by a different person than the one who held the meeting at which the decision was taken to terminate your employment.
After full consideration of the matter, you will be informed, in writing of the decision as soon as is reasonably practical and normally within 14 calendar days of the meeting.
Right to be Accompanied
You have the right to be accompanied by a fellow employee of your choice or by a Trade Union Official at all stages of the capability procedure and at any subsequent appeal meeting.
It is your responsibility to arrange for the appropriate person of your choice to be informed of the matter and the dates of the hearing/s. If you wish a member of staff to accompany you, then either yourself or the person concerned, should notify us as early as possible, so that we can ensure that they can be released from their duties at the appropriate times.
We wholeheartedly support the right to be accompanied and any person who agrees to accompany a member of staff at any capability or appeal hearing will not be subject to any form of detriment as a result of doing so.
Record-Keeping
We will take notes of all meetings held and these, along with any supporting evidence used will be held on your personnel file. Details of any action taken will also be kept.
GRIEVANCE PROCEDURE
Introduction
From time to time you may feel unhappy with something at work. We feel that it is important that there is a clear and transparent procedure for such concerns or complaints to be dealt with both effectively and in a manner whereby employees feel comfortable to raise such issues.
It is usually in the best interest of both employers and employees to deal with any issues at an early stage to stop small issues growing into more complex or serious ones. The following procedures are non-contractual.
Informal Procedure
If you feel able to raise any issues informally with the perpetrator or the Duty Manager then such discussions can frequently solve issues quickly and effectively. However, if the matter is more serious, or the informal route has not solved the situation, or you do not feel it is appropriate to raise the matter informally, you should make a formal representation under this procedure.
If you are being harassed or bullied, this procedure is not normally the best way to raise such a matter and you should use the procedures outlined in our Bullying and Harassment Policy as this will be a more appropriate route to solving the problem.
Formal Procedure
If you wish to raise a formal grievance, it is advisable that you put the matter in writing from the outset. You should give as much detail as possible of the nature of your complaint. The written complaint should be given to the General Manager, or if the complaint involves the Duty Manager to their Manager.
A meeting will be arranged with you as soon as possible to hear your grievance. It may be necessary to suspend the meeting to gather further evidence, or to initiate a full investigation of the facts. We will aim to resolve the issue as quickly as possible and will not suspend the meeting unnecessarily.
At the end of the meeting, and after any necessary re-investigation etc. we will consider all the evidence gathered. We will notify you, in writing, of our assessment and what, if any, action we intend to take to resolve the situation. The letter will outline who your appeal should be directed to if you wish to do so. We aim to notify you of the decision as soon as is reasonably practical.
Appeal
If you are unhappy with the outcome of the meeting and any proposed action, then you have the right of appeal. You should write to the person detailed in the outcome letter, within 7 calendar days of the date of the letter; outlining the grounds for your appeal.
Should you appeal our decision we will then arrange to hear your appeal, normally within no more than 14 calendar days after receipt of your letter of appeal.
In interests of fairness, your appeal will normally be held by a different person than the one who held the initial grievance meeting.
After full consideration of the matter, you will be informed, in writing of the decision as soon as is reasonably practical and normally no longer than 14 days after the meeting has been held.
Right to be Accompanied
You have the right to be accompanied by a fellow employee of your choice, or by a Trade Union Official at all stages of the formal grievance procedure and at any subsequent appeal meetings.
It is your responsibility to arrange for the appropriate accompanying person of your choice to be informed of the matter and the dates of the hearing/s. If you wish a member of staff to accompany you, then either yourself or the person concerned, should notify us as early as possible, so that we can ensure that they can be released from their duties at the appropriate times.
We wholeheartedly support the right to be accompanied and any person who agrees to accompany a member of staff at any grievance or appeal hearing will not be subject to any form of detriment as a result of doing so.
Record-Keeping
If you choose to use the formal route to resolve your grievance, we will take notes of all meetings held and these, along with any supporting evidence used will be held on your personnel file. Details of any action taken will also be kept.
TERMINATION OF EMPLOYMENT
Resignation
If you wish to resign from the Bar/Restaurant, to avoid any confusion, we ask that you state your decision and your reasons for doing so in writing.
Whilst we appreciate that individuals may have many differing reasons for leaving, we will then invite you to an exit interview to discuss your reasons and to ensure that we process your final pay etc correctly.
We normally retain records of final interviews, so to allow us to monitor and evaluate our working practices at a later date.
Notice Period
Your required notice period will be detailed in your individual Statement of Principal Terms of Employment. If you fail to work your notice and we incur a cost in covering your duties, we reserve the right to recover this cost from any monies owing to you. You will also forfeit any contractual holiday pay which you have accrued in excess of the statutory minimum entitlements.
Garden Leave
If either you resign or you are dismissed, we may put you on garden leave. If so, you are still employed by us until the effective date of termination. As such, we may require that you attend work or make yourself available to answer any questions etc., or to “handover” to another person in the Bar/Restaurant.
If we feel it is inappropriate for you to attend our premises or those of any customer, or client, or to contact any customer, client, supplier, contractor etc., we will advise you of this at the time the garden leave is initiated.
Bar/Restaurant Property
Upon termination of employment, or upon commencement of Garden Leave, you must return all Bar/Restaurant property to us. This includes, but is not limited to, tools, equipment, documentation, vehicles (where provided for business use only), work-wear, items of uniform, keys etc.
If you fail to return all items to us in a reasonable condition, we may deduct the cost of recovery, replacement or any loss incurred by us from any monies owing to you.
SUMMARY OF OUR RIGHTS TO DEDUCT
WE RESERVE THE RIGHT TO RECOUP ANY LOSSES THE BAR/RESTAURANT INCURS IN THE CIRCUMSTANCES LISTED BELOW FROM YOUR WAGES OR ANY OTHER MONIES OWING TO YOU (E.G. COMMISSION, BONUSES, ACCRUED HOLIDAY PAY AT TERMINATION OF EMPLOYMENT).
If any overpayment of wages is made, for whatever reason, we will normally deduct the amount overpaid from your next wage.
If you arrive for work more than one hour late and have not notified us before your expected starting time and/or, without having provided us with an acceptable reason for the delay, we may find it necessary to cover your duties, disperse your workload to other staff, or reschedule work in other ways and if so, we therefore reserve the right to send you home for the remainder of the day without pay. If we feel that your lateness or absence is excessive, we may invoke the disciplinary procedures, as detailed later in this handbook.
If we are unable to provide you with work we may need to lay you off for a period of time or reduce your working week whilst we try to resolve the situation. If you are laid off work, you will receive either statutory guarantee pay or your normal basic wage, whichever is the lower, for up to five days of lay off. After this period, there will be no entitlement to payment for any days not worked. We will normally only invoke this right as a last resort and for as short a time as necessary. Your continuity of employment with us will be protected during such a situation.
Whilst we understand that you have a right to a private life and would not wish to impede on that, it is also important that, when attending work, you are fit and safe to do so. Therefore, if we suspect that you attend work still under the influence of alcohol or any illegal drug which has been consumed or taken prior to you commencing work, we will send you home for the remainder of the day without pay. Such events may result in disciplinary action.
Whilst we understand that accidents do happen, we expect that you should take all reasonable care with all our Bar/Restaurant’s property, including furniture, tools, equipment, stock etc. If we suffer any loss or damage to property or stock which is due to your failure to follow our rules or procedures, your deliberate vandalism, or unreasonable carelessness or neglect, then we will deduct the cost of repair or replacement of any item from any salary/wage, holiday pay, sickness payment or any other monies owed to you by the Bar/Restaurant.
If we suffer any loss, fine or cost due to your actions and failure to follow our rules, procedures or legal requirements, or your carelessness or neglect, then we will deduct the cost of the loss or fine from any money owed to you by our
Bar/Restaurant.
If a customer or a table, open a tab, you should ensure that all items of food and beverages are entered accurately onto the tab at the time of ordering. If items are found to be missing from the tab and as a result the customer fails to pay for any items, the cost of such items will be deducted from any monies owing to you.
Under no circumstances may you take any sub from the till without express permission from the General Manager. If you are found to have done so, the amount will be deducted from any monies owing to you and will be regarded as an act of Gross Misconduct which could lead to your summary dismissal.
If you make an error taking payment through our till, then you should notify the Duty Manager immediately so that this can be rectified. If a till is found to be short without a good reason, the shift on duty will have the amount of the shortages deducted from any monies owing from them. If we can be sure of who caused the shortage, then the shortage will be deducted from that person only.
You should behave at all times with respect and courtesy to our customers. Under no circumstances should you serve any item of food or drink free of charge or at a reduced price without prior authorisation from the General Manager. If you are found to have done so, the difference between the full price and the reduced price will be deducted from any monies owing to you and you will be subject to disciplinary action.
If you are found to have had any other beverage or item of food without paying the full price, the cost will be deducted from any monies owing to you and you will also be liable to disciplinary action, which dependent upon the circumstances may be regarded as gross misconduct and could lead to you summary dismissal.
Upon termination of employment, or upon commencement of Garden Leave, you must return all our property to us. This includes, but is not limited to, tools, equipment, documentation, vehicles, work-wear, items of uniform, keys etc. If you fail to return all items to us in a reasonable condition, we will deduct the cost of recovery, replacement or any loss incurred by us from any monies owing to you.
Your required notice period will be detailed in your individual Statement of Principal Terms of Employment. If you fail to work your notice and we incur a cost in covering your duties, we reserve the right to recover this cost from any monies owing to you.
Each of the above clauses is an express term of your contract of employment.