LMC Policy Version Control

Policy / Date of Origin / Date of Revision / Created by / Details
Adoption / January 2018 / FREETHS / The adoption leave and pay scheme was initially limited to those who were "matched for adoption" with a child by an "adoption agency", and those who adopted children from overseas under the law of that jurisdiction. The availability of SAL and SAP was extended on 5 April 2015 to include:

Foster parents who are approved for adoption under a "fostering for adoption" scheme.
Parents of a child born to a surrogate mother ("parental order" parents).

The policy has been amended to include these changes.
Adverse Weather & Travel Disruption
Anti-Corruption and Bribery
Anti Harassment and bullying / January 2018 / FREETHS / Paragraph 8.26 An employer is not legally required to permit either an alleged victim or harasser/bully to be accompanied at investigatory meetings (as such meetings are not covered by the statutory entitlement in section 10 of the Employment Relations Act 1999). However, it is common practice for employers to do so, especially in serious cases. The policy currently allows for the victim to be accompanied but not the alleged bully. I have amended this to extend the right to an alleged bully also to be even-handed to both parties.
Paragraph 8.32 The non-statutory ACAS guide, Bullying and harassment at work, emphasises the importance of mediation and counselling, especially where the investigation reveals no grounds for disciplinary action or where doubt is cast on the validity of the complaint. I have therefore included reference to this.
Bereavement / FREETHS / The policy refers to an employee’s ability to use annual leave following a period of bereavement leave. I have qualified this to ensure it is clear that this would be subject to their manager’s approval.
Capability Procedure / FREETHS / Additional paragraph inserted to ensure employee’s are aware that electronic recordings of meetings is not permitted.
Compassionate Leave / FREETHS / The policy refers to an employee’s ability to use annual leave following a period of compassionate leave. I have qualified this to ensure it is clear that this would be subject to their manager’s approval.
Data Protection / FREETHS / This policy will need updating in May 2018 following the introduction of the General Data Protection Regulations. Please revert to us in due course. At this time, this policy complies with current legislation.
Disciplinary Procedure / 2013 / November 2017
January 2018 / LMC HR
FREETHS / Paragraph 13.4 amended to exclude reference to verbal warning but to include Formal Counselling as an option.
Paragraph 13.41 amended to exclude potential for new evidence to be introduced and to emphasise the review nature of an appeal rather than a re-hearing.
Paragraph 13.43 amended to exclude reference to new information, but to include review of reasonableness of final outcome in all the circumstances.
Paragraph 13.17 extending the right to suspend to include not just the investigation but the disciplinary process.
Paragraph 13.23 giving employer the right to request that the employee choose another companion where there chosen companion in unavailable for more than 5 days. This prevents the process being prolonged by the employee.
Disciplinary Rules
Equal Opportunities / January 2018 / FREETHS / Paragraph 7.8 – clarifies the law.
Paragraph 7.23 – encourages disabled employees to make proposals as to reasonable adjustments.
Paragraph 7.25 – clarifies the law in this area.
Expenses
Flexible Working
Grievance Procedure / January 2018 / FREETHS / Paragraph 14.3 – encourages employees to indicate when their complaints are to be taken as a grievance.
Paragraph 14.4 – refers to grievance investigation.
Health & Safety
Information and Communications Systems / January 2018 / FREETHS / Paragraph 32.7 – makes clear that policy applies to smartphones and all mobile devices.
Paragraph 32.27 – recent case law and the upcoming GDPR make clear that employees must have some expectation of privacy and that all monitoring must be transparent and proportionate. The amends reflect this.
Maternity / January 2018 / FREETHS / Added defined term.
Pargarph 16.6 – permits employer to request evidence of appointments to avoid abuse of reasonable paid time off.
No Smoking / January 2018 / FREETHS / You may want to include a non-exhaustive list of the items that the ban applies to. This is simply to avoid any argument that for instance e-cigarettes fall outside the policy.
Parental Leave / January 2018 / FREETHS / I have amended the right to postpone at paragraph 19.15-19.19 as it still referred to old law regarding the parental leave only being applicable until a child’s 5th birthday.
Paternity Leave / Clarifies that time off for two antenatal appointments relates to each pregnancy.
Redundancy / 2013 / August 2017 / LMC HR / The policy does not include the right of appeal against any redundancy dismissal. Although this is strictly correct in precise legal terms it is always considered good practice to provide the right of appeal in terms of any dismissal. As our advice is always based on good practice we advocate that consideration should be given to granting an appeal stage in any redundancy dismissal.
Retirement Policy (no fixed retirement age) / Deleted reference to termination for retirement. When the employer has no fixed retirement age, only the employee can terminate for retirement. The employer would only terminate employment for some other reason i.e. capability/redundancy
Shared Parental Leave
Sickness absence / 2013 / November 2017 / LMC HR / 10.25 Amended to include notional triggers for instances of absence, days of absence, percentage absence etc.
With the introduction of GDPR looming and the reliance on consent in an employment context becoming more difficult. Additions refer to lawful grounds for processing.
Social Media / Amends to monitoring clause – recent case law and the upcoming GDPR make clear that employees must have some expectation of privacy and that all monitoring must be transparent and proportionate. The amends reflect this.
Stress Policy / When data is shared with a third party, it is important that this is done lawfully and in accordance with data protection legislation.
Substance Misuse / When data is shared with a third party, it is important that this is done lawfully and in accordance with data protection legislation.
Time off for dependants
Time off for Public Duties / January 2018 / FREETHS / Paragraph 25.4 – Clause does not refer to payment for time off, therefore reference to ‘further time off’ has been deleted.
Additional paragraph at conclusion of policy - Generally, the period of the call-up is not counted for continuity of employment purposes (section 211(3), ERA 1996) unless the employer continues the contract of employment during mobilisation. Whether the contract does so continue or is terminated is not dealt with in the legislation, and will depend on the facts, so employers would be well advised to have a clear policy and to clarify the position in writing to the employee in the event of mobilisation. The wording in this paragraph is intended to clarify that the employment contract does not subsist during mobilisation.
Time off for Training
Whistleblowing / January 2018 / FREETHS / Added contact details as referred to in the policy