Policies & Procedures

HEALTH & SAFETY STATEMENT 2010

It is the policy of Jones & Hampton Ltd to comply with the terms of the Health and Safety at Work etc, Act 1974 and subsequent legislation and to provide and maintain a healthy and safe working environment.  Jones & Hampton’s Health and Safety objective is to minimise the number of instances of occupational accidents and illnesses and ultimately to achieve an accident-free work place.

All employees will be provided with such equipment, information, training and supervision as is necessary to implement the policy and achieve the stated objective.
Jones & Hampton Ltd recognise and accept their duty to protect the Health and Safety of all visitors to the Company, including contractors and temporary workers, as well as any members of the public who might be affected by our operations.

While the management of Jones & Hampton Ltd will do all that is within its powers to ensure the Health and Safety of its employees, it is recognised that Health and Safety at work is the responsibility of each and every individual associated with the Company.  It is the duty of each employee to take reasonable care of their own and other people’s welfare and to report any situation which may pose a threat to the well being of any other person.

The management of Jones & Hampton Ltd will provide every employee with the training necessary to carry out their tasks safely.  However if any employee is unsure how to perform a certain task or feels it would be dangerous to perform a specific job then it is the employee’s duty to report this to their Director of Safety.  An effective Health and Safety programme requires continuous communication between workers at all levels.  It is therefore every worker’s responsibility to report immediately any situation which could jeopardise the well being of themselves or any other person.

All injuries, however small, sustained by a person at work must be reported to the Director of Safety or a delegated representative.  Accident records are crucial to the effective monitoring and revision of the policy and must therefore be accurate and comprehensive.

Jones & Hampton’s Health and Safety policy will be continually monitored and updated, particularly when changes in the scale and nature of our operations occur.  The policy will be updated at least every 12 months.

Equal Opportunities & Diversity

Policy statement

We do not discriminate against staff on the basis of their gender, sexual orientation, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, religion or belief, disability or age. The principle of non-discrimination and equality of opportunity applies equally to the treatment of former staff, visitors, clients, customers and suppliers by members of our current workforce.

This policy and the measures we take to implement it have been devised on the basis of advice from the relevant governmental and professional. We are committed to a programme of action to make this policy effective and to bring it to the attention of all staff.

This policy deals with the specific categories of staff and areas of work which we have identified as potentially giving rise to equal opportunities issues and provides more specific guidance on the parameters of our policy and approach to equal opportunities.

All staff have a duty to act in accordance with this policy, and therefore to treat colleagues with dignity at all times, and not to discriminate against or harass other members of staff, whether junior or senior to them. In some situations, we may be at risk of being held responsible for the acts of individual members of staff and will not therefore tolerate any discriminatory practices or behaviour.

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

 Who is covered by the policy?

 This policy covers all individuals working at all levels and grades, including senior managers, officers, directors, employees, consultants, contractors, trainees, part-time and fixed-term employees, casual and agency staff (collectively referred to as staff in this policy).

 The policy statement in paragraph applies equally to the treatment of our visitors, clients, customers and suppliers by our staff and the treatment of our staff by these third parties.

 Personnel responsible for implementation of the policy

 The Directors have overall responsibility for the effective operation of our equal opportunities policy and for ensuring compliance with the relevant statutory framework prohibiting discrimination. Day-to-day responsibility for operating the policy and ensuring its maintenance and review has been delegated to the Office Manager.

 Those working at a management level have a specific responsibility to set an appropriate standard of behaviour, to lead by example and to ensure that those they manage adhere to the policy and promote our aims and objectives with regard to equal opportunities.

 All members of staff are responsible for the success of this policy and must ensure that they familiarise themselves with the policy and act in accordance with its aims and objectives.

 Scope and purpose of the policy

 This policy applies to the advertising of jobs and recruitment and selection, to training and development, opportunities for promotion, to conditions of service, benefits and facilities and pay, to health and safety and to conduct at work, to grievance and disciplinary procedures and to termination of employment, including redundancy.

 We will take appropriate steps to accommodate the requirements of workers' religions, cultures, and domestic responsibilities.

 Forms of discrimination

 Discrimination may be direct or indirect and it may occur intentionally or unintentionally.

 Direct discrimination occurs where someone is put at a disadvantage for a reason related to one or more of the grounds set out above, For example, rejecting an applicant on the grounds of their race because it is considered they would not "fit in" could be direct discrimination. 

 Indirect discrimination occurs where an individual is subject to an unjustified provision, criterion or practice which puts them at a particular disadvantage because of, for instance, their sex or race. For example, a height requirement would be likely to eliminate proportionately more women than men. If this criteria cannot be objectively justified for a reason unconnected with sex, it would be indirectly discriminatory on the grounds of sex. 

 Discrimination also includes victimisation (less favourable treatment because of action taken to assert legal rights against discrimination or to assist a colleague in that regard) and harassment (which is dealt with under our Anti-harassment Policy).

Recruitment and selection

We aim to ensure that no job applicant receives less favourable treatment on any of the unlawful grounds listed in paragraph 0. Our recruitment procedures are reviewed regularly to ensure that individuals are treated on the basis of their relevant merits and abilities and that sufficiently diverse sectors of the community are reached. Job selection criteria are regularly reviewed to ensure that they are essential for the effective performance of the job and therefore justified on non-discriminatory grounds.

We take steps to ensure that knowledge of vacancies reaches a wide labour market and, where relevant, groups underrepresented in our organisation. Where appropriate, use may be made of lawful exemptions to recruit suitably-qualified people to cater for the special needs of particular groups. Vacancy advertisements shall include an appropriate short statement on our Equal Opportunities Policy and a copy of this policy shall be sent to those who enquire about vacancies.

To ensure that this policy is operating effectively with respect to recruitment and selection and the other areas identified and to identify those sections of the local community which may be under-represented in employment, we monitor applicants' racial origins, gender, disability, and age as part of the recruitment procedure. We also maintain records of this data in an anonymised format solely for the purposes stated in this policy. Ongoing monitoring and regular analysis of the data obtained provide the basis for taking appropriate steps to eliminate unlawful direct and indirect discrimination and implement this policy.

 Staff training and promotion and conditions of service

Staff training needs will be identified through regular staff appraisals. All staff will be given appropriate access to training to enable them to progress within the organisation and all promotion decisions will be made on the basis of merit.

The composition and movement of staff at different levels will be regularly monitored to ensure equality of opportunity at all levels of the organisation. Where appropriate, steps will be taken to identify and remove unnecessary or unjustifiable barriers and to provide appropriate facilities and conditions of service to meet the special needs of disadvantaged or underrepresented groups.

Our conditions of service, benefits and facilities are reviewed regularly to ensure that they are available to all staff who should have access to them and that there are no unlawful obstacles to accessing them.

Termination of employment

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

 We will also ensure that disciplinary procedures are carried out fairly and uniformly for all staff, whether they result in the giving of disciplinary warnings, dismissal or other disciplinary action.

 Disability discrimination

If you are disabled, or become disabled in the course of your employment with us, you are encouraged to tell us about your condition.  This is to enable us to support you as much as possible.  You may also wish to advise your line manager of any reasonable adjustments to your working conditions or the duties of your job which you consider to be necessary, or which would assist you in the performance of your duties.  Your line manager may wish to consult with you and with your medical adviser(s) about possible reasonable adjustments. Careful consideration will be given to any such proposals and they will be accommodated where possible and proportionate to the needs of your job. Nevertheless, there may be circumstances where it will not be reasonable for us to accommodate suggested adjustments and we will ensure that we provide you with information as to the basis of our decision not to make any adjustments.

 We will monitor the physical features of our premises to consider whether they place disabled workers, job applicants or service users at a substantial disadvantage compared to other staff. Where possible and proportionate, we will take steps to improve access for disabled staff and service users.

Fixed-term employees and agency workers

We monitor our use of fixed-term employees and agency workers, and their conditions of service, to ensure that they are being offered appropriate access to benefits, training, promotion and permanent employment opportunities. We will, where relevant, monitor their progress to ensure that they are accessing permanent vacancies.

Part-time workers

We monitor the conditions of service of part-time employees and their progression to ensure that they are being offered appropriate access to benefits and training and promotion opportunities. We will ensure requests to alter working hours are dealt with appropriately under our Flexible Working Policy.

Breaches of the policy

 If you believe that you may have been discriminated against you are encouraged to raise the matter through our Grievance Procedure. If you believe that you may have been subject to harassment you are encouraged to raise the matter through our Anti-harassment Policy. If you are uncertain which applies to you or need advice on how to proceed you should speak to the Office Manager.

Allegations regarding potential breaches of this policy will be treated in confidence and investigated in accordance with the relevant procedure. Staff who make such allegations in good faith will not be victimised or treated less favourably as a result. False allegations which are found to have been made in bad faith will, however, be dealt with under our Disciplinary Procedure.

Any member of staff who is found to have committed acts of discrimination or harassment will be subject to disciplinary action. Such behaviour may constitute gross misconduct and, as such, may result in summary dismissal. We always take a strict approach to serious breaches of this policy.

Review and monitoring of the policy

This policy is reviewed annually by the Directors.

 We will continue to review the effectiveness of this policy to ensure it is achieving its objectives. 

Staff are invited to comment on this policy and suggest ways in which it might be improved by contacting the Office Manager.

 Anti-harassment and Bullying Policy

All staff must be treated with dignity and respect, free from harassment or other forms of bullying at work. This handbook sets out examples of the type of conduct that may constitute harassment or bullying and our commitment to eliminating such conduct.

All staff are responsible for treating their colleagues with dignity and respect and should consider whether their words or conduct could be offensive to others. Even unintentional harassment or bullying is unacceptable.

Where harassment or bullying is shown to have taken place it will be dealt with under our Disciplinary Procedure as a form of misconduct. In some cases it may be treated as gross misconduct leading to summary dismissal of those responsible.

What the law requires

Under the Health and Safety at Work Act 1974 we have a duty to provide our staff with a safe place and system of work. This includes a workplace free from harassment and bullying which may, in certain circumstances, also amount to unlawful discrimination.

We are also responsible for ensuring that staff are protected from unlawful harassment, bullying or discrimination in the course of their work on grounds of gender, sexual orientation, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin,  religion or belief, disability or age.

Individual members of staff may also in some cases be held legally liable for harassing their colleagues or third parties including customers, and may be ordered to pay compensation by a court or employment tribunal.

What are harassment and bullying?

Harassment is any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating the recipient's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Harassment often (but not exclusively) targets the gender, sexual orientation, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, religion or belief or age of the victim.

A single incident of unwanted or offensive behaviour to one individual can amount to harassment.

Examples of harassment include:

 unwanted physical conduct or "horseplay". Physical conduct ranges from touching, pinching, pushing or brushing past someone or invading their personal space, to grabbing, shoving, punching and more serious forms of physical or sexual assault;

 unwelcome sexual behaviour, which the harasser may perceive as harmless flirting, and which may involve unwanted suggestions, advances, propositions or pressure for sexual activity;

 suggestions that sexual favours may further a career or that refusal of sexual favours may hinder it;

continued suggestions for social activity within or outside the workplace after it has been made clear that such suggestions are unwelcome;

inappropriate behaviour whether in the form of offensive or intimidating comments or gestures or insensitive jokes or pranks;

the sending or displaying of material that is pornographic or obscene or that some individuals or groups may find offensive (including e-mails, text messages, video clips and photographs taken or sent using mobile phones or via the internet);

ignoring or shunning someone, for example, by deliberately excluding them from a conversation or a workplace social activity.

Bullying is offensive, intimidating, malicious or insulting behaviour which, through the abuse or misuse of power, makes the recipient feel vulnerable, upset, humiliated and  threatened. Power includes both personal strength and the power to coerce others through fear or intimidation. Bullying is often a form of harassment and can undermine an individual's self-confidence, competence and self-esteem. As with harassment, bullying can take the form of physical, verbal and non-verbal conduct.

Legitimate and constructive criticism of a worker's performance or behaviour or reasonable requests made of workers in the course of their employment will not constitute bullying.

 Examples of bullying include:

 ·        shouting at, being sarcastic towards, ridiculing or demeaning others;

·        physical or psychological threats;

·        intimidating levels of supervision;

·        inappropriate and/or derogatory remarks about someone's performance;

·        abuse of authority or power by those in positions of seniority;

·        unjustifiably excluding colleagues from meetings or communications.

Harassment or bullying can occur both in the workplace and in settings outside the workplace, such as business trips, events or social functions organised for or on our behalf and whether on or off our premises.

Anyone who believes they are being subjected to harassment or that they are being bullied should not hesitate to use the procedures set out below.

Informal steps to resolve bullying or harassment

If you consider that you are being bullied or harassed, you should initially attempt to resolve the problem informally with the person responsible if you feel able, and explain clearly to them that their behaviour is not welcome or makes you uncomfortable. If this is too difficult or embarrassing to do on your own, you should seek support from your line manager or the Office Manager. Managers will provide confidential advice and assistance to those who believe they have been bullied or harassed and will offer to assist in the resolution of any problems, whether through informal or formal means.

If you are in any doubt as to whether an incident or series of incidents which have occurred constitute bullying or harassment, then you should initially contact your line manager or the Office Manager confidentially, on an informal basis. They will be able to advise you how your concerns should be dealt with.

If informal steps have not been successful or would not be appropriate, you should follow the formal procedure set out below.

Raising a formal complaint about bullying or harassment

The informal procedure may not be appropriate due to the nature of the harassment or bullying or because you do not feel able to talk directly to the person creating the problem.  In these cases or where the informal procedure has been unsuccessful, you should raise your complaint in writing with your line manager whose role is to achieve a solution wherever possible and to respect the confidentiality of all concerned. If the matter concerns that person you should refer it to the a different director.

Your written complaint should set out full details of the conduct in question, including the name of the harasser or bully, the nature of the harassment or bullying, the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.

As a general principle, the decision to progress a complaint rests with you. However, we have a duty to protect all staff and may decide to pursue the matter independently if, in all the circumstances, it is considered appropriate to do so.

Formal investigations

Complaints will be investigated in a timely and confidential manner to establish full details of what happened. Your name and the name of the alleged harasser or bully will not be divulged other than on a "need to know" basis to those individuals involved in the investigation. We will appoint a member of staff with suitable experience and with no prior involvement in the complaint to investigate and we will set out a provisional timetable for the investigation, which will be communicated to all parties. The investigation will be thorough, 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 full pay or whether reporting lines or other managerial arrangements should be altered pending the outcome of the investigation.

At the outset of the investigation, the investigator 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 or a trade union representative of your choice. We will arrange further meetings with you as appropriate throughout the investigation and/or at its conclusion.

The investigator will also meet with the alleged harasser or bully who may be accompanied by a colleague or trade union representative of their choice. 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.

If the line manager finds 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 our Disciplinary Procedure. Consideration will be given to whether the harasser or bully should be dismissed and, if not, whether they should remain in their current post or be transferred.

Even where a complaint is not upheld, consideration will be given to how the ongoing 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.

Any worker who is, after investigation, found to have deliberately provided false information or to have acted in bad faith may be subject to action under our Disciplinary Procedure.

Appeals

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

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

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

Protection for those making complaints or assisting with an investigation

Staff who make complaints or who participate in good faith in any investigation conducted into alleged harassment or bullying will be protected from any form of intimidation or victimisation as a result of their involvement.

Any member of staff who considers that they have been subjected to any such intimidation or victimisation should seek support from their line manager. They may alternatively or additionally raise a complaint in writing under this procedure or our Grievance Procedure.

Confidentiality

Confidentiality is an important part of the procedures provided to deal with harassment and bullying. Whether making a complaint or because they are involved in any investigation, everyone is responsible for observing the high level of confidentiality required.

Breach of confidentiality may give rise to disciplinary action under our Disciplinary Procedure.

 Signed on behalf of Jones and Hampton

 Director