ANOTHER COFFEE SHOP LTD
EMPLOYEE
HANDBOOK
This is a copy of the handbook which I used in my coffee shop. It may appear somewhat excessive for some part-time coffee shop employees. However it is, I believe, prudent to cover as many of the ‘bases’ as possible.
My experience is that many a problem has been resolved before it had time to grow because of the existence of a detailed employee handbook.
□ Holidays
□ Sick Pay Entitlement
□ Maternity Leave and Maternity Pay
□ Paternity Leave and Paternity Pay
□ Adoption Leave and Adoption Pay
□ Parental Leave
□ Time Off for Dependants
□ Disciplinary Procedure and Action
□ The Right to be Accompanied
□ Code of Conduct
□ Operational Policies and Procedures
□ Grievance Procedure
The holiday year runs from 1st January to 31st December. Employees’ annual holiday entitlement in any holiday year is four weeks period, which part-time employees will receive on a pro rata basis.
Annual holiday entitlement accrues at the rate of one twelfth of the full annual holiday entitlement, on the 1st of each month, in advance.
Employees will be paid at their normal rate of pay and salaried employees will be paid their normal salary in respect of periods of annual holiday. Overtime will not normally be included in the calculation of holiday pay, except where the overtime is contractually guaranteed.
On termination of employment, employees will be entitled to holiday pay accrued but not taken at the date of termination of employment.
If, on termination of employment, an employee has taken more annual holiday than he or she has accrued in that holiday year, an appropriate deduction will be made from the employee’s final pay.
Full-time employees are entitled to ……… public holidays each year:
Public holidays are in addition to annual holiday entitlement.
Employees who are absent from work because of sickness will normally be entitled to receive Statutory Sick Pay (SSP) from the Company providing they meet the relevant criteria.
Once the criteria have been met, SSP is not normally payable for the first three days of sickness absence, unless the employee has been absent and in receipt of SSP within the previous eight weeks. Thereafter the Company will normally pay SSP at the statutory rate in force for a maximum of 28 weeks.
In order to qualify for SSP the employee must notify the Company on the first qualifying day, and submit a certificate of absence as soon as practicable. The Company reserves the right to withhold payment of SSP where an employee fails to follow the correct procedure. Certain employees are excluded from the SSP scheme, e.g. employees who earn below the lower earnings limit for National Insurance purposes.
Note The new Fit Note will come into force from April 2010 and will replace the sick note. Further information is available on the fit note pages on the www.lge.gov.uk website.
Pregnant employees and employees who have recently given birth have a variety of rights under current legislation. This area of law is very complex, and I would advise that you check the most up to date legislation. Therefore the following sections provide only a general guide for employees.
In general all pregnant employees, i.e. those working under a contract of employment, are entitled to take up to 52 weeks’ statutory maternity leave (SML) around the birth of their child. This includes surrogate mothers and mothers who have undergone IVF treatment. It does not matter how long the employee has worked for you.
Your employee is entitled to receive the same terms and conditions that they currently receive during ordinary leave in the additional leave period.
For up to date information look at the website www.businesslink-gov.uk as legislation is constantly changing.
It should also be noted that women are legally obliged to take a minimum of two weeks maternity leave after giving birth. This is called Compulsory Maternity Leave.
To qualify for maternity leave the employee must comply with the rules and procedures set out below.
□ A minimum of 15 weeks before the expected week of childbirth, the employee must give her employer notice of:
(a) the fact that she is pregnant;
(b) her expected week of childbirth, which must be confirmed with the medical certificate MATB1; and
(c) the date on which she intends to start her maternity leave. This must be in writing if requested by the employer.
□ Within 28 days of the employee giving notice, the employer must respond in writing to the employee, confirming her full entitlement to maternity leave (52 weeks) and the date when she is expected to return to work.
□ The earliest the employee may start her maternity leave is 11 weeks before the expected week of childbirth. An employee may change her mind about when she wants to start her leave, providing she gives her employer at least 28 days’ notice of the change.
□ The employee does not need to give notice of her return to work if she simply returns at the end of her maternity leave period. However, if she wishes to return to work before her full entitlement to maternity leave has ended, she must give her employer a minimum of 28 days’ notice of the date of her earlier return.
□ If the employee fails to give the required 28 days’ notice of an earlier return to work, the employer may postpone the employee’s return until the end of the 28 days’ notice she should have given, or until the end of her maternity leave period, whichever is earlier.
□ An employee does not lose the right to return to work if she does not follow the correct notification requirements. However, her employer may take appropriate disciplinary action if she fails to return to work at the end of her maternity leave period.
All employees who have been continuously employed for at least 26 weeks ending with the 15th week before the expected week of childbirth (the Notification Week), and who satisfy the following conditions, are entitled to receive Statutory Maternity Pay (SMP) from their employer. The employee must:
□ still be pregnant at the 11th week before her expected week of childbirth or have had the baby by that time;
□ have average weekly earnings equal to or above the Lower Earnings Limit for National Insurance purposes over the eight-week period up to and including the Notification Week;
□ give her employee a minimum of 28 days’ notice that she intends to be absent from work because of her pregnancy;
□ provide her employer with medical certification of her expected week of childbirth, normally using form MAT B1.
Statutory Maternity Pay is payable for 39 weeks. The first six weeks are payable at the higher rate which is 90% of the employee’s normal earnings. The remaining 33 weeks are payable at a standard rate which changes from time to time. You can download a flowchart illustrating when you must pay Statutory Maternity Pay from the website HM Revenue & Customs at www.hmrc.gov.uk or www.lge.gov.uk
The Government has announced that it will not go ahead with the planned extension of maternity pay from 39 to 52 weeks at this time but this may still be implemented at a later date.
All pregnant employees are entitled to take time off with full pay during working hours to receive antenatal care. The employer may require an employee who wishes to take time off for these purposes to provide medical certification of her pregnancy and an appointment card, except in connection with the first appointment.
An employee’s maternity leave will automatically start if she is absent from work for a pregnancy-related absence during the four weeks before the baby is due.
Currently employed fathers can take up to 2 weeks pay and leave.
The government had intended to increase additional paternity leave and pay by April 2010 but this has been delayed.
Eligible employees (see below) are entitled to take up to two weeks’ paid paternity leave following the birth of their child in order to care for the child or support its mother. During paternity leave, most employees will be entitled to Statutory Paternity Pay (SPP), which will be the same as the standard rate of Statutory Maternity Pay (SMP).
In order to qualify for paternity leave and Statutory Paternity Pay the employee must:
□ be the biological father of the child or the mother’s husband or partner (male or female);
□ have or expect to have responsibility for the child’s upbringing;
□ have worked continuously for the employer for 26 weeks leading into the Notification Week (the 15th week before the child is due); and
□ have average weekly earnings equal to or above the Lower Earnings Limit for National Insurance purposes over the eight week period leading up to and including the Notification Week.
Employers may ask an employee to provide a self certificate as evidence that he or she meets these conditions. The self certificate must provide the information required above and include a declaration that the employee meets the necessary conditions.
An employee is permitted to take paternity leave in units of either one whole week or two consecutive whole weeks. Leave may start on any day of the week of or following the child’s birth but must be completed:
□ within 56 days of the actual date of birth of the child; or
□ if the child is born early, within the period from the actual date of birth up to 56 days after the expected week of birth.
An employee who wishes to take paternity leave must notify the employer by the 15th week before the expected week of childbirth, stating:
□ the week the child is due;
□ whether the employee wishes to take one week or two weeks leave; and
□ when the employee wants the leave to start.
An employee on paternity leave is entitled to benefit from normal terms and conditions of employment, with the exception of pay. The employee is entitled to return to the same job following paternity leave.
Employees who adopt a child may be entitled to adoption leave and Statutory Adoption Pay. This right applies to both men and women. There are special conditions relating to adoption leave and adoption pay. Employees who plan to adopt a child up to 18 years of age should discuss this with the employer, at which time their entitlements can be clarified.
After one year’s service, employees are entitled to a maximum of 13 weeks’ unpaid Parental Leave for each of their children under five years old.
Parents of disabled children are entitled to a total of 18 weeks’ parental leave, which can be taken at any point until the child’s 18th birthday. Where an employee adopts a child under the age of 18, he or she is entitled to Parental Leave during the five years after the adoption, or until the child’s 18th birthday, whichever is earlier. Employees who are entitled to parental leave should discuss their entitlements and conditions with the employer.
Employees are entitled to take reasonable unpaid time off to deal with sudden or unexpected problems with a dependant. A dependant is a partner, child or parent who lives with the employee as part of his or her family or any other person who reasonably relies on the employee for assistance.
Reasonable time off will be granted in appropriate circumstances.
The right is only to deal with emergencies and to put care arrangements in place. This means that in the case of a dependant’s illness, for example, the employee is not entitled to time off for the duration of the dependant’s illness.
The primary objective of the Company’s Disciplinary Procedure is to ensure that all disciplinary matters are dealt with fairly and consistently.
For employees with 12 months’ continuous service or longer, the Company will follow the Disciplinary Procedure set out below.
Where appropriate all allegations of potential disciplinary offences will be investigated to establish the facts. A prior investigation may be judged as inappropriate only in very straightforward circumstances, e.g. lateness. The Company will give the employee the opportunity to state his or her case at a disciplinary meeting before taking any disciplinary action. The Company will give the employee reasonable notice of the requirement to attend a disciplinary meeting to allow the employee to prepare his or her case.
Following the disciplinary meeting, the Company may take disciplinary action against the employee. In any event, the employee will be informed of the outcome of the meeting as soon as possible.
Employees have the right to appeal against any disciplinary action taken against them in accordance with the Disciplinary and Dismissals Appeals Procedure.
The severity of the disciplinary action, if any, will be determined by the severity of the offence. For relatively minor first offences the Company will normally impose a Verbal Warning. If the employee persists with the offence in question, the Company may, having followed the Disciplinary Procedure in each instance, apply a Written Warning followed by Final Written Warning and eventually dismiss the employee.
For more severe first offences the Company may apply a Written Warning or Final Written Warning. In cases of gross misconduct the Company will normally dismiss the employee summarily, i.e. without notice.
A summary of the disciplinary actions that may be imposed is set out below.
Verbal Warning: The Company will advise the employee that his or her standard of conduct or performance has been unacceptable and that a failure to improve will result in further disciplinary action. The required standard will be outlined. The warning will be given verbally and subsequently confirmed in writing.
Written Warning: As for a Verbal Warning, but normally applied following a second disciplinary offence (but may be applied after a more serious first offence). The employee will be advised in writing that a failure to improve the standard of conduct or performance will result in further disciplinary action.
Final Written Warning: As for a Written Warning, but normally applied following a third disciplinary offence. The employee will be advised in writing that a failure to improve the standard of conduct or performance will result in dismissal.
Dismissal: The employee is dismissed either with or without notice. Dismissal without notice is referred to as ‘summary dismissal’ and is normally restricted to cases of gross misconduct.
The employee has the right to appeal against any disciplinary action against them.
Employees are entitled to be accompanied at any formal disciplinary, grievance or appeal meeting. An employee under the age of 18 may choose to be accompanied by a parent or legal guardian.
Employees are required to comply with the rules relating to notification of absence set out in the Company’s Absence Policy and Procedure.
Employees are required to arrive at work promptly, ready to start work at their contracted starting times. Employees are required to remain at work until their contracted finishing times.
Employees must obtain authorization if for any reason they wish to arrive later or leave earlier than their agreed normal start and finish times.
The Company reserves the right not to pay employees in respect of working time lost because of poor timekeeping.
Persistent poor timekeeping will result in disciplinary action.
Employees are required to maintain satisfactory standards of performance at work.
Employees are required to comply with all reasonable management instructions.
Employees are required to ensure the maintenance of acceptable standards of politeness.
Employees are required to take all necessary steps to safeguard the Company’s public image and preserve positive relationships with its customers.
Employees are required to ensure that they behave in a way that does not constitute unlawful discrimination.
Personal mobile telephones must be switched off at all times during normal working hours.
Employees may be required to work additional hours at short notice, in accordance with the needs of the business. Employees may be required from time to time to undertake duties outside their normal job remit.
Where work clothing or uniforms are provided by the Company, they must be worn at all times during working hours. Employees are responsible for ensuring that all items of work clothing or uniform are kept clean and maintained in reasonable condition at all times and returned to the Company on termination of employment.
Employees are required to gain an understanding of the Company’s health and safety procedures, observe them, and ensure that safety equipment and clothing are always used. Employees must report all accidents, however small, as soon as possible, making an entry in the Company’s Accident Book.
Set out below are examples of behaviour which the Company treats as gross misconduct. Such behaviour may result in dismissal without notice. This list is not exhaustive.
□ theft, dishonesty or fraud;
□ smoking on the business premises;
□ sleeping during working hours;
□ assault, acts of violence or aggression;
□ unacceptable use of obscene or abusive language;
□ possession or use of, or being under the influence of, non-prescribed drugs or alcohol on the premises or during working hours;
□ wilful damage to Company, employee or customer property;
□ serious insubordination;
□ serious or gross negligence;
□ unlawful discrimination, including acts of indecency or sexual harassment;
□ refusal to carry out reasonable management instructions;
□ serious breach of the Health and Safety policies and procedures.
Harassment
Harassment is physical, verbal or non-verbal behaviour which is unwanted and personally offensive to the recipient, and which causes the recipient to feel threatened, humiliated, intimidated, patronized, denigrated, bullied, distressed or harassed.
If an employee is accused of unlawful discrimination or harassment, the Company will investigate the matter fully. Any breach of this rule will be treated as gross misconduct and is likely to result in summary dismissal.
Employees must ensure that any time off (other than in the case of sickness) is authorized in advance by their manager. Employees should complete an Absence Form on their first day back at work.
Medical and Dental Appointments
Employees are requested to arrange any medical or dental appointments outside working hours. Where this is not possible, employees must obtain permission from management before taking any time off and appointments should be arranged for first thing in the morning or last thing at night to minimize any disruptions to the Company.
Absence Due to Sickness
Employees are required to notify the Company as soon as possible of their sickness absence and the reasons for it. They should do this personally at the earliest opportunity to their line manager, no later than the time their shift starts, on the first day of the absence.
It is essential that employees keep the Company updated on the circumstances of the absence and of its estimated duration.
Where an employee’s absence lasts more than seven calendar days a Medical Certificate completed by a medical practitioner must be given to the coffee shop owner.
Consumption of Alcohol on the Premises
Employees are expressly forbidden to consume alcohol when at work or to bring it onto Company premises. Any breach of this rule will be treated as gross misconduct and is likely to result in summary dismissal.
Drug Misuse or Abuse on the Premises
Employees who take, sell or buy non-prescription drugs during working hours or on Company premises will be committing an act of gross misconduct and are likely to be summarily dismissed.
Intoxication at Work
An employee who is under the influence of alcohol or drugs during working hours or on Company premises will be escorted from the premises immediately. The Company will take disciplinary action when the employee has had time to sober up or recover from the effects of drugs. Intoxication at work will normally be treated as gross misconduct and result in summary dismissal.
If a uniform or specified clothing is not provided, employees are required to dress in a manner appropriate to the function in which they are engaged.
All employees are required to attend work each day either in the supplied uniform or in normal smart dress suitable for a working environment which involves regular contact with customers, and to maintain high standards of personal hygiene.
All employees must ensure their clothing is clean, ironed and in good condition, free from rips and tears. Footwear should normally be dark, kept clean and in good condition.
Employees should not wear fingernail varnish, should keep their hair tidy and must ensure that their hands and nails are clean when at work.
It is a condition of employment that employees wear any uniforms or clothing specified by the Company at all times during working hours.
The Company will supply employees with the appropriate uniforms or clothing at the Company’s expense. Employees are expected to take care of any such items and to maintain them in a reasonable condition.
Employees must return any uniforms or clothing supplied by the Company at the termination of their employment. The Company reserves the right to deduct from the employee’s final pay the cost of any uniforms or clothing that are lost, damaged or not returned.
Only those employees specifically authorized by the Company to do so may have access to or use cash tills. Employees who use or attempt to use cash tills without being so authorized will be subject to disciplinary action.
Employees are not permitted to give discounts on any food or drink without permission of the manager.
Employees must always wash their hands before handling food and particularly after using the toilet.
Employees must inform the owner at once of any skin, nose, throat or bowel conditions.
Employees must inform the owner if anyone at home, or any pet or animal with which they have contact, is suffering from diarrhoea or vomiting.
Employees must ensure that any cuts or sores they may have are covered with a coloured (not skin-tinted) waterproof dressing.
Employees must ensure that protective clothing is clean and worn at all times.
Employees are not permitted to smoke during food preparation or in serving areas during working hours.
Employees should be careful not to cough and sneeze over or near food.
Employees should ensure that all equipment and surfaces are scrupulously clean at all times.
Employees should take care to keep the handling of food to a minimum and should not let their hands touch their clothes, face, nose, mouth or hair while handling food.
Employees must ensure that unused food is disposed of properly.
Employees must ensure that they wash their hands after handling bins and rubbish.
Whenever a new employee joins the Company, it is the employer’s duty to ensure that he or she is given a proper introduction to the workplace, colleagues, environmental health and health and safety procedures.
Within the first few days of employment the new employee’s training requirements will be assessed and arrangements made for that training to be provided. Training will be met by a combination of ‘on the job’ and related ‘in house’ training. From time to time, however, it may be necessary to arrange external training.
Each induction process will be tailored to the individual employee.
It is the Company’s intention to develop its business and to provide security of employment for its employees. However, circumstances may arise when changes in the market will lead to the need for reductions in employees.
Where a redundancy situation arises, the Company will give consideration to alternative options.
Selection for redundancy will be based on criteria drawn up at the time, and will be assessed in an objective manner.