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FSA Employee Handbook - Financial Services Authority

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February 2013<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 1


This is the <strong>FSA</strong>’s <strong>Employee</strong> <strong>Handbook</strong> as at February 2013.<br />

The policies that form part of this <strong>Handbook</strong> are developed and agreed<br />

through the <strong>FSA</strong>’s <strong>Employee</strong> Policy Governance Framework. The<br />

framework is owned by the HR Division.<br />

HR Policies are accompanied by guidance documents, templates and<br />

processes, details of which can be found on the <strong>Employee</strong> Guidance<br />

intranet site (available to internal employees only).<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 2


Contents<br />

Click on a link below to take you to the relevant policy:<br />

1 Absence from Work 6<br />

Career Leave Policy 6<br />

Holiday Policy 11<br />

Sickness Absence Policy 19<br />

Leave for Special Circumstances Policy 28<br />

2 Career Development 33<br />

Career Development Policy 33<br />

Time off for Corporate Responsibility 35<br />

Sponsored Studies Policy 36<br />

Time off to Train Policy 40<br />

Talent Management Policy 47<br />

Technical Specialist Policy 50<br />

Technical HoD Policy 54<br />

3 Ensuring Fair Treatment 57<br />

Dignity at Work Policy 57<br />

Diversity & Inclusion Policy 64<br />

Equality of Opportunity Policy 67<br />

4 Family Leave 76<br />

Adoption Policy 76<br />

Maternity Policy 89<br />

Paternity Leave Policy 100<br />

Dependant’s Leave Policy 109<br />

Parental Leave Policy 112<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 3


5 Health, Safety & Security 116<br />

Driving at Work Policy 116<br />

Eye Test Policy 119<br />

Health and Safety Policy 121<br />

Safety when Visiting External Organisations Policy 126<br />

Security Policy 130<br />

Travel Health Policy 136<br />

6 Joining the <strong>FSA</strong> 139<br />

Recruitment Policy 139<br />

Probation Policy 143<br />

Tenure Periods for Supervisory Managers 148<br />

Relocation Policy 150<br />

7 Leaving the <strong>FSA</strong> 154<br />

Leaving the <strong>FSA</strong> Policy 154<br />

Employment References 160<br />

Redundancy Policy 163<br />

Redeployment within the <strong>FSA</strong> Policy 170<br />

8 Pay, Reward & Benefits 173<br />

Travel & Expenses Policy 173<br />

Give as You Earn Policy 188<br />

Payment of Salary Policy 189<br />

Salary & Benefits Policy 192<br />

9 Performance, Discipline and Grievance 201<br />

Disciplinary Procedure 201<br />

Dismissal Procedure 209<br />

Grievance Procedure 212<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 4


Performance Management Procedure 217<br />

10 Personal Conduct 225<br />

Your obligations at the <strong>FSA</strong> 225<br />

Prospective Parliamentary Candidates Policy 233<br />

11 Security of <strong>FSA</strong> Assets, Information and Data 235<br />

Clear Desk Policy 235<br />

<strong>Employee</strong> Information Security Manual 243<br />

12 Terms of employment 261<br />

Basics about Your Employment 261<br />

<strong>Employee</strong> <strong>Handbook</strong> and Contractual Information 263<br />

Hours of Work Policy 265<br />

13 Wellbeing 266<br />

Smoking Policy 266<br />

Stress Wellbeing Policy 270<br />

Substance Abuse Policy 274<br />

14 Working Patterns 277<br />

Flexible Working Policy 277<br />

Flexitime Policy 280<br />

Homeworking Policy 283<br />

Part-time Working Policy 290<br />

15 Whistleblowing 292<br />

Whistleblowing Policy 292<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 5


1 Absence from Work<br />

Career Leave Policy<br />

The <strong>FSA</strong> operate a career leave scheme, which can be used for any purpose except<br />

taking up paid employment without the permission of the <strong>FSA</strong>.<br />

This policy has been developed as part of our commitment to be a flexible employer<br />

and as a method of helping us to retain valued employees.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• To accommodate your plans for career leave wherever possible, but subject to the<br />

operational needs of the business area.<br />

What the <strong>FSA</strong> expects of you<br />

• You will give your line manager suitable notice of your career leave request.<br />

• You will follow the process as set out in this policy and career leave eform.<br />

The policy<br />

Our career leave scheme gives you the opportunity to apply for between 10 and 52<br />

weeks unpaid leave providing you meet the eligibility criteria.<br />

If approved, career leave can be used for any purpose, except taking up paid<br />

employment without the permission of the <strong>FSA</strong>.<br />

Eligibility criteria<br />

<strong>Employee</strong>s must meet the following criteria before being eligible to apply for<br />

career leave.<br />

• You must have three or more years’ satisfactory continuous service within the<br />

<strong>FSA</strong>.<br />

• You must not have a current warning under either the Disciplinary or the<br />

Performance Management Procedures.<br />

• Your last two appraisal ratings must have been a two or above.<br />

• You must have completed three years' continuous service after returning from<br />

any previous period of career leave.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 6


• You must not have taken a period of longer holidays (as defined in the Holiday<br />

Policy) within the last 12 months.<br />

Please note that entitlement to career leave does not aggregate; for example, if you<br />

have had eight years of service and have not taken career leave within this time, you<br />

will still only be entitled to one period of leave.<br />

Terms and conditions of the scheme<br />

Duration<br />

• You can take between 10 and 52 weeks unpaid career leave.<br />

• You must take the leave in one continuous block.<br />

• Career leave can be combined with either holiday or parental leave, but the total<br />

time away from work must not exceed 52 weeks.<br />

Pay and benefits<br />

• All career leave will be unpaid. You will receive no salary or 'flex' account.<br />

• If you are a member of the Money Purchase scheme, contributions will not be<br />

paid for the duration of the career leave in advance.<br />

• You will have no entitlement to either core or flexible benefits for the period of<br />

the career leave, with the exception of the following:<br />

− Core Life Assurance.<br />

− Death in service benefits associated with being a member of the <strong>FSA</strong> pension<br />

scheme, i.e. dependants' pension (if applicable).<br />

− It may be possible to maintain private medical cover, by agreeing to pay the<br />

premiums for the duration of career leave.<br />

• Payment of any of the above benefits will be calculated on the basis of your basic<br />

salary at the commencement of your career leave.<br />

• Any outstanding season ticket loan or other payments owing will be deducted<br />

from your final salary payment before commencement of career leave.<br />

• You will be eligible for consideration for salary review and a bonus payment<br />

while on career leave. Any salary increase will be deferred until the end of your<br />

leave and any bonus payment will be pro-rated by the number of working days<br />

(out of 260) that you spent on career leave during the bonus period.<br />

• You will not be entitled to occupational sick pay for the duration of the career<br />

leave. If you qualify, you will be entitled to Statutory Sick Pay.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 7


• Please note that any qualifying periods associated with selected benefits may<br />

need to be restarted following career leave.<br />

It is your responsibility to ensure that in absence of these benefits you are<br />

adequately protected.<br />

Contractual Information (start)<br />

During the career leave, you will remain an employee of the <strong>FSA</strong> and will be under<br />

its terms and conditions, including standards of conduct and behaviour, the <strong>FSA</strong><br />

Code of Conduct, security, compliance and all confidentiality requirements.<br />

While on career leave you are not permitted to take up any paid employment without<br />

the express written permission of the <strong>FSA</strong>. To do so, will be regarded as gross<br />

misconduct and may lead to your dismissal from the <strong>FSA</strong>.<br />

During your career leave, your service will be regarded as continuous (for<br />

employment purposes).<br />

Contractual Information (end)<br />

If, during the period of your career leave, there is a business restructure within<br />

the <strong>FSA</strong>, you will be included. If your role is made redundant while on career<br />

leave you will be subject to the <strong>FSA</strong>’s Redundancy Policy. Any redundancy payment<br />

will be calculated on the basis of your basic salary at the commencement of your<br />

career leave.<br />

If you become pregnant while on career leave you must notify the HR Helpline, in<br />

writing, before the start of your maternity leave, but preferably sooner. Your career<br />

leave will automatically end when you decide to commence your maternity leave.<br />

Please note that your entitlement to Statutory Maternity Pay is based on your average<br />

pay in the eight weeks prior to your qualifying week (15 weeks before the expected<br />

date of your baby's birth). If your average earnings over this eight-week period are<br />

less than the lower earnings limit for National Insurance Contributions, you will not<br />

be entitled to Statutory Maternity Pay nor to receive the maternity bonus and<br />

enhanced <strong>FSA</strong> maternity pay.<br />

If you are taking a period of Additional Paternity Leave or Adoption Leave before<br />

the end of your career leave, you must inform the HR Helpline in writing before the<br />

leave starts. Your career leave will automatically end when you decide to commence<br />

your period of Additional Paternity Leave or Adoption Leave.<br />

Return to work after career leave<br />

You will where possible, return to the same or a similar job in the same Division as<br />

the one that you left.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 8


The terms of the job, where possible, will be no less favourable than the job that you<br />

left. However, if there is a business restructure while you are on career leave, you<br />

will be included. Further details on this are provided above.<br />

Failure to return from career leave<br />

If you fail to return from career leave on the pre-arranged date, this will be<br />

considered to be unauthorised absence and could result in disciplinary action up to<br />

and including your dismissal from the <strong>FSA</strong> (see the Disciplinary Procedure).<br />

Process<br />

Requests for career leave should be discussed with your line manager. If your line<br />

manager is happy with your request, you should raise an Unpaid Leave Absence<br />

record via <strong>Employee</strong> Self-service on Chrysalis.<br />

All applications must be signed off by your Director (or Managing Director for<br />

Heads of Department and above) and a commitment must be made at this time by<br />

your line manager and/or Director that, where possible, a role will be available for<br />

you in the Division on your return. If no such commitment is given then your<br />

application for career leave will not be agreed.<br />

You should usually make a request for career leave at least three months in advance<br />

of the date that you wish the leave to commence. There will, however, be exceptions<br />

to this and you should discuss situations where you need the leave more quickly than<br />

this with your line manager.<br />

Approval is at the discretion of line management and may be refused, or the timing<br />

deferred, for reasons of operational need.<br />

A letter will be issued to you that will outline the terms and conditions of the career<br />

break. You should read this letter carefully and address any questions to the HR<br />

Helpline before signing to agree the terms.<br />

During the career leave your line manager and the HR Helpline will be the initial<br />

points of contact for all matters regarding career leave or your employment with<br />

the <strong>FSA</strong>. Before you go on career leave, you must provide up-to-date contact details<br />

to your manager and the HR Helpline and agree how you can be contacted during<br />

this period (e.g. by phone, email or in writing).<br />

You will be contacted by your line manager at least four weeks before the end of<br />

your career leave to discuss the arrangements for your return to work.<br />

Who is covered by this policy?<br />

This policy covers all employees with more than three years' service.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 9


Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Career Leave Policy as at October 2011.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change, withdrawal or replacement at<br />

our discretion of the <strong>FSA</strong> – any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment, unless<br />

otherwise stated.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 10


Holiday Policy<br />

It is important for your overall health and wellbeing to have breaks from work. The<br />

<strong>FSA</strong> offer a generous and competitive benefits package. Holidays are one benefit<br />

where we can offer choice and flexibility to employees, by offering a core amount to<br />

all staff and allowing employees to buy additional days to suit<br />

their own circumstances.<br />

The <strong>FSA</strong> offer a core basic holiday entitlement, which is the same for all permanent<br />

employees and is currently 23 days per annum (pro-rated for part-time employees)<br />

excluding bank holidays. In addition to this, all permanent employees can select<br />

additional holidays through the Flexible Benefits Plan.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• To maintain a competitive and equitable core holiday allowance.<br />

• To allow all permanent and fixed-term employees to purchase additional days<br />

(providing the total for that year does not exceed 38 days, excluding bank<br />

holidays).<br />

• To endeavour to ensure wherever possible that employees are given their<br />

preferred requests for holidays.<br />

• Managers have a duty of care to employees to ensure that each individual has a<br />

balanced work portfolio that enables them to utilise their holiday entitlement.<br />

• Managers should encourage employees to take at least their statutory holiday<br />

entitlement (20 days excluding bank holidays for full-time employees) within the<br />

holiday year, but make sure their entitlement does not exceed 38 days for that<br />

holiday year.<br />

What the <strong>FSA</strong> expects of you<br />

• To agree holidays with your line manager, giving as much notice as possible.<br />

Any such notice must, however, be at least twice the number of days' leave that<br />

you wish to use.<br />

• To discuss and agree dates with your line manager before making any firm<br />

bookings to ensure that there is adequate staff coverage.<br />

• You are responsible for keeping an accurate record of your holiday entitlement<br />

(including holiday carried over from the previous holiday year, core, and holiday<br />

bought through your flex account, taken and planned holiday). This should be<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 11


approved by your line manager through the Chrysalis system at the time of<br />

agreement or when an amendment is made. This will form part of your<br />

employment record and must be kept up to date, accurate and made available<br />

should your line manager request it.<br />

• To take at least your statutory holiday entitlement (20 days excluding bank<br />

holidays for full-time employees; pro-rated for part-time employees).<br />

• You are responsible for managing your holiday entitlement for the year and<br />

making sure it does not exceed 38 days.<br />

• To take a period of at least two consecutive working weeks leave per annum.<br />

Contractual Information (start)<br />

Holiday Year<br />

The <strong>FSA</strong>’s holiday year runs from 1 June to 31 May.<br />

Normal holiday entitlement<br />

If you are a permanent full-time member of staff, your minimum annual holiday is 23<br />

days (excluding bank and public holidays) (known as core).<br />

If you work part-time, your minimum annual holiday is calculated according to the<br />

number of days/hours you work in proportion to the <strong>FSA</strong>’s normal working<br />

days/hours.<br />

Bank and public holidays are in addition to core annual holiday. When you begin<br />

work for the <strong>FSA</strong> you are entitled to normal holiday calculated on a pro rata basis.<br />

Under the Flexible Benefits Plan, you may request additional holiday as one of the<br />

flexible options.<br />

The term ‘holiday’ in this section, unless otherwise stated, refers to the minimum<br />

annual holiday entitlement plus any additional days purchased under the Flexible<br />

Benefits Plan.<br />

If you are participating in the Flexitime Scheme, leave under that scheme does not<br />

form part of your holiday entitlement.<br />

Statutory entitlement and carry forward of holiday<br />

Under the Working Time Regulations 1998, you must take your statutory annual<br />

leave (i.e. for full-time employees this is 20 of the <strong>FSA</strong> core days excluding bank<br />

holidays; pro-rated for part-time employees) between 1 June and 31 May each year,<br />

as the Regulations do not permit this part of holiday to be carried over into the next<br />

holiday year. Any additional core holiday or annual leave purchased through the<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 12


Flexible Benefit Scheme can be carried over into the next holiday year, providing<br />

you don’t exceed a total of more than 38 days for that year.<br />

Line management will take reasonable measures to ensure that you are not prevented<br />

from doing so on account of workload. However, in some circumstances, perhaps<br />

due to very high volumes of work, we recognise that it may not always be possible to<br />

take all of your holiday entitlement (whether core, flex or carried over from the<br />

previous holiday year). This is why we allow you the flexibility to carry forward<br />

some of holiday entitlement into the next holiday year, provided that you meet the<br />

conditions highlight above<br />

Both you and your manager have responsibilities in making sure you are able to take<br />

this leave and do not exceed the maximum allowance in any holiday year.<br />

In exceptional circumstances you may be able to take up to 3 days of your next year’s<br />

holiday entitlement during the current holiday year but this must be authorised in<br />

advance by your manager.<br />

Approval and special conditions<br />

The <strong>FSA</strong> will try to accommodate all reasonable requests for holidays, taking<br />

particular care to accommodate religious events or events of special significance.<br />

You must obtain agreement from your line manager before making any holiday<br />

arrangements, ensuring that the length of time prior to approval is at least twice the<br />

length of time requested, for example 10 days’ notice for a holiday of 5 days, in order<br />

for work to be planned effectively around absences.<br />

We recommend at least one break of 10 working days should be taken within the<br />

holiday year. This applies to full-time and part-time staff. Part-time staff can include<br />

non-working days within the ten-day period.<br />

Holidays of up to 15 working days are considered within the standard holiday<br />

procedures (see the “Longer Holidays” section for details of leave over 15 days).<br />

Line managers should respond to requests within 2 working days wherever possible.<br />

If your manager is unable to approve your request for holiday, they will explain the<br />

reasons behind their decision (e.g. business reasons, lack of cover for the team) and<br />

discuss any alternative options with you.<br />

On joining the <strong>FSA</strong><br />

If you join the <strong>FSA</strong> part way through the holiday year, your entitlement will be<br />

pro-rated within the initial holiday year.<br />

If you join after the 1st working day of the month, you will receive holiday for the<br />

month you join, plus the core allowance shown above from the 1st of the following<br />

month.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 13


For example, if you join the <strong>FSA</strong> on 12th November, your total core allowance will<br />

be 12.5 days. This is based on receiving 1 day from 12th to 30th November and 10<br />

days from 1st December to the end of the following May.<br />

See the tables in the holiday section of the Flexible Benefits <strong>Handbook</strong> for further<br />

information on how to calculate your holiday entitlement.<br />

On leaving the <strong>FSA</strong><br />

If you resign from the <strong>FSA</strong> or have been given notice of termination, your holiday<br />

entitlement will be calculated on the basis of the number of completed calendar<br />

months of service in your final holiday year. You may be able to take holiday during<br />

the notice period provided that the holiday was booked/authorised before the start of<br />

the notice period. Other requests to take accrued holiday during the notice period will<br />

normally be granted but permission may be refused if business needs or other<br />

circumstances make the granting of holiday at that time impracticable.<br />

If on the termination of employment you have not taken your full accrued holiday<br />

entitlement subject as follows, you will be paid for your accrued entitlement up to the<br />

date of termination of your employment. If you have taken more holiday than you are<br />

entitled to, we reserve the right to deduct the value of days taken in excess of your<br />

accrued entitlement from the final salary payment made to you.<br />

Holiday entitlement will not continue to accrue during a period of enforced leave of<br />

absence and any untaken holiday entitlement will be deemed to have been taken<br />

during such a period of leave.<br />

Fixed Term Contract - On joining the <strong>FSA</strong><br />

When you begin work for the <strong>FSA</strong> you are entitled to holiday calculated on a pro rata<br />

basis by the number of weeks in your contract. Your core annual holiday allowance<br />

is 23 days with bank/public holidays in addition to this:<br />

23 days/52 weeks x number of weeks of contract = x days or 0.44 days for every<br />

completed working week.<br />

Please note that if you are a part-time employee your core allowance of 23 days will<br />

be pro-rated by the number of days you work in a week. You will also be provided<br />

with a pro-rated bank/public holiday entitlement.<br />

Fixed Term Contract - On leaving the <strong>FSA</strong><br />

If you are employed on a fixed-term contract and resign, from the <strong>FSA</strong> or you have<br />

been given notice of termination, your holiday entitlement will be calculated on the<br />

basis of the number of completed weeks of service:<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 14


Holiday payment<br />

Holiday pay will be based on pensionable salary and holiday pay due to you or<br />

deducted from your final pay will be calculated as follows:<br />

If you work every day of the week (Monday to Friday inclusive) on a full-time or<br />

part-time basis, holiday pay is:<br />

Pensionable salary/260 x number of untaken days' entitlement or number of days<br />

holiday taken in excess of holiday entitlement (as the case may be);<br />

If you work on some but not all of such working days, regardless of how many hours<br />

you are required to work on those days, holiday pay is:<br />

Pensionable salary/A x number of untaken days holiday entitlement or number of<br />

days' holiday taken in excess of holiday entitlement (as the case may be)<br />

Where A is the number of days per week worked x 52.<br />

Payment for untaken leave will only be made if you are leaving the <strong>FSA</strong>.<br />

You are not entitled to holiday pay in respect of accrued untaken holiday which is<br />

above the statutory minimum on termination of employment in the following<br />

circumstances:<br />

• dismissal without notice for gross misconduct or conduct that brings or may bring<br />

the <strong>FSA</strong> into disrepute;<br />

• leaving the <strong>FSA</strong> without giving due notice;<br />

• for any period of enforced leave of absence following notice (where the<br />

entitlement is deemed to have been taken during the period of enforced leave).<br />

Payments for holidays above the statutory minimum can also be made for holidays<br />

accrued during maternity, adoption or additional paternity leave (see the Family<br />

Friendly policies for further details).<br />

Bank/Public holidays<br />

Bank/public holidays which fall on normal working days are in addition to holiday<br />

entitlement for full-time staff. There are usually 8 per calendar year, but this does<br />

vary.<br />

Part-time employees<br />

If you work on a part-time basis you are entitled to bank and public holidays on a pro<br />

rata basis to reflect the number of days per week which you normally work,<br />

regardless of whether you work fewer than the normal working hours of any day.<br />

Please discuss in advance any arrangements for bank and public holidays with your<br />

line manager and request this absence on <strong>Employee</strong> Self-service on Chrysalis.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 15


Payment for bank/public holidays to staff on short-term contracts is calculated in the<br />

same way as for permanent full-time and part-time staff.<br />

You will not usually be required to work on any bank/public holiday. Where<br />

bank/public holidays fall on days on which you normally work, such days will be<br />

taken from your public holiday entitlement and should be recorded on <strong>Employee</strong><br />

Self-service on Chrysalis.<br />

If, in the particular holiday year, the number of bank/public holidays which fall on<br />

days on which you normally work exceeds your bank/public holiday entitlement, you<br />

will not be paid for those days and we reserve the right to deduct that holiday pay<br />

from your Adjusted Salary. Alternatively, you may work on another day (provided it<br />

is not a bank/public holiday) – usually in the same week – or use your annual holiday<br />

(core, purchased through your flex account, or carried over from the previous holiday<br />

year).<br />

Where, in a particular holiday year, no bank/public holidays fall on days on which<br />

you normally work. You are, therefore, not able to take all of your bank/public<br />

holiday entitlement, you are entitled to take your bank/public holiday entitlement on<br />

a day or days on which you normally work. The entitlement must be taken in the<br />

relevant holiday year. As with all other holiday requests, all bank/public holiday<br />

entitlement taken on days other than bank/public holidays must be approved by your<br />

line manager before being taken.<br />

Bank Holiday Guidance for Part Time Staff<br />

Contractual Information (end)<br />

Longer holidays<br />

Longer planned absences will require more detailed discussion to ensure that<br />

operational needs are met; in such requests line managers should respond within five<br />

working days. We recognise that in some situations staff may wish to take a longer<br />

period of planned time off but may not wish to take a career break.<br />

Our Longer Holiday process allows staff to submit a request for paid holiday via<br />

<strong>Employee</strong> Self-service on Chrysalis, to be approved by their line manager for periods<br />

of time of up to 4 weeks (the equivalent of the majority of core and statutory<br />

entitlement). This can be supplemented by a further 6 weeks unpaid leave (or a mix<br />

of flex holiday/unpaid), allowing up to 10 weeks planned absence. Any part of this<br />

leave that is to be unpaid should be requested via the Unpaid Leave Absence record<br />

via <strong>Employee</strong> Self-service on Chrysalis.<br />

The Longer Holiday process is offered as an alternative to the Career Leave Policy<br />

and allows employees to plan for longer absences without going through the Career<br />

Leave route. Longer Holidays are holidays in excess of 15 working days (3 working<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 16


weeks) and can last up to 10 weeks. Career breaks start at 10 weeks and can last for<br />

up to 52 weeks. Longer Holidays do not affect your statutory employment rights.<br />

You must use 20 of your 23 core days entitlement (for full-time employees) for your<br />

Longer Holiday, supplemented by flex holiday/unpaid leave for up to a further 6<br />

weeks. In order to apply, you must meet the following criteria:<br />

Eligibility criteria:<br />

• <strong>Employee</strong>s only;<br />

• Applications to take longer holidays can be made once every 2 years only (i.e.<br />

longer holidays can only be taken every other holiday year).<br />

Exceptions:<br />

• <strong>Employee</strong>s in probation or under notice;<br />

• <strong>Employee</strong>s with under 12 months service;<br />

• Anyone who is a rating of '1' in their last performance appraisal;<br />

• Have returned from career leave in the last 12 months.<br />

Please note that you are not able to add on to parental leave, career leave or<br />

maternity leave.<br />

Benefits during a period of longer holidays:<br />

During a period of unpaid leave that is one month or more you will receive no salary<br />

or 'flex' account during the period of your leave. If you take more than one month's<br />

leave you will have no entitlement to either core or flexible benefits for the period of<br />

leave after the first month, with the following exceptions:<br />

• core life assurance (2x salary); and<br />

• death in service benefits associated with being a member of the <strong>FSA</strong> pension<br />

scheme i.e. dependants' pension (if applicable).<br />

You should discuss any plans for applying for holiday under this process with your<br />

line manager. With your line manager’s agreement, you will be required to give<br />

notice of at least twice the amount of time that you wish to use as leave (paid and<br />

unpaid). If your line manager agrees to your request, you should submit your request<br />

via the Unpaid Leave Absence record via <strong>Employee</strong> Self-service on Chrysalis.<br />

Holiday accrual and long-term sickness absence<br />

Due to a change in legislation, a 'statutory' amount of holiday accrues while you are<br />

on long-term sickness absence, equivalent to 28 days per annum, including bank<br />

holidays. You are permitted to take all or some of this holiday during the period of<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 17


long-term sickness absence. If you wish to take holiday during this period, please<br />

inform your line manager in the usual way, as set out in this policy.<br />

Sickness during a planned holiday<br />

You may be eligible for time off in lieu if you are able to provide a fit note to cover<br />

your illness, no matter what the duration of the illness. See Sickness Absence Policy<br />

for more details.<br />

Further guidance<br />

Please read the holiday FAQs on Connect+.<br />

Who is covered by this policy?<br />

This procedure covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Holiday Policy as at January 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at our discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment unless<br />

otherwise stated.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 18


Sickness Absence Policy<br />

The <strong>FSA</strong> is keen to encourage employees to maximise their attendance and<br />

performance at work while recognising that there will be occasions when this is not<br />

possible due to absence caused by sickness or incapacity.<br />

This policy covers short-term sickness, extended absence and longer term absence<br />

(see the Definitions section below).<br />

The <strong>FSA</strong> provide a comprehensive range of wellbeing benefits and aim to treat<br />

employees who are sick with dignity and respect, providing support, counselling,<br />

tailored rehabilitation programmes and (if appropriate and practicable) workplace<br />

adjustments that may assist that individual to continue productive employment with<br />

the <strong>FSA</strong>.<br />

If an employee is frequently and persistently absent, this can have a negative impact<br />

on the delivery of departmental objectives and remaining colleagues who must carry<br />

the burden of extra work. This policy is designed to ensure a balance is struck<br />

between ensuring adequate support for employees who are ill and the ability to fulfil<br />

business obligations.<br />

Absence figures in this policy are based on full-time employees. Part-time employee<br />

entitlements and triggers are based on a ‘pro rata’ calculation.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• The <strong>FSA</strong> will take all reasonable steps to ensure a healthy approach to work and<br />

working practices by providing access to health and fitness benefits, and a variety<br />

of working arrangements, to meet the needs of different staff at various times.<br />

• We will consider making recommended workplace adjustments to<br />

accommodate any specific needs caused by a medical condition that an<br />

employee may have. Adjustments the <strong>FSA</strong> may make will follow the advice<br />

of an employee's GP, the <strong>FSA</strong>’s Occupational Health team or other medical<br />

practitioner and may include a phased return to work, altered hours, amended<br />

duties and/or workplace adaptations.<br />

• If you are ill and unable to work, the <strong>FSA</strong> will pay your normal salary, inclusive<br />

of Statutory Sick Pay (where appropriate), for absences up to 65 days in a rolling<br />

12-month period (see the Definitions section for information). If you are still<br />

unable to return to work you will be eligible to receive one half of your normal<br />

pay for the next 65 days in a rolling 12-month period, at which point<br />

Occupational Sick Pay (see section on pay and benefits) will cease. If your illness<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 19


lasts over 12 months then the full-pay and half-pay provision will be made only<br />

once. If you are still unable to work, once you have exhausted your entitlement to<br />

Occupational Sick Pay, you may be eligible to receive payment under the terms<br />

of the Permanent Health Insurance (PHI) contract.<br />

• We will notify you if your pay will be affected. For example, if your absence is<br />

verging on ‘long-term’ (as defined later in this policy), we will inform you of the<br />

impact before the change in pay becoming effective.<br />

• Your line manager will maintain regular contact with you throughout any period<br />

of absence. You must cooperate in this process unless we are medically advised<br />

to the contrary. You may also be contacted by a member of the HR Division.<br />

• If we have concerns about your health we will initiate a case conference<br />

involving the HR department, your line manager, and Occupational Health, to<br />

determine appropriate steps towards full rehabilitation.<br />

• Absence is regarded as a serious matter. It may affect your remuneration and your<br />

prospects for advancement. Persistent absence will be dealt with promptly, firmly<br />

and consistently and may ultimately result in dismissal.<br />

What the <strong>FSA</strong> expects of you<br />

• You must follow the correct procedure when you are unable to attend work due<br />

to sickness.<br />

• On your first day of absence you must speak to your line manager by 9.30am to<br />

report your absence.<br />

• You should ring your line manager (or such other person designated by us if they<br />

are unavailable) on each working day of sickness for the first seven days;<br />

thereafter you should expect to have a regular conversation with your line<br />

manager or other person designated by us, in line with the guidance shown below<br />

in this policy. Your sick pay may be reduced or discontinued if you do not<br />

cooperate in this process.<br />

• For short-term absences lasting up to seven days, including weekends/bank<br />

holidays, your line manager will raise an Open Sickness record on your Chrysalis<br />

HR record. They will close this absence record when you return to work.<br />

• If you are ill while on annual leave, you may be eligible to have the days<br />

reimbursed, providing that you provide a fit note for the duration of the illness<br />

(or a letter from a medical practitioner if abroad) and you report sickness in the<br />

normal way (i.e. ring your line manager or other designated individual as referred<br />

to above).<br />

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• If your absence lasts for more than seven calendar days, including bank holidays<br />

and weekends, your sickness record must be supplemented by a fit note from<br />

your GP for absences in excess of seven days.<br />

• You must supply a fit note to the HR Helpline on or before the eighth calendar<br />

day of absence, and thereafter within two days of your previous certificate<br />

expiring, otherwise we reserve the right to withhold sick pay and you could be<br />

the subject of disciplinary action.<br />

• You must send the original fit note to the HR Helpline (either via<br />

internal/external mail or by hand).<br />

• A copy of your fit note will be sent to your manager by the HR Helpline if it has<br />

been signed, “may be fit for work”<br />

• If you believe that your absence is caused by work-related issues or is<br />

stress-related, you must discuss these at the earliest opportunity with your line<br />

manager, who will work with you to find and reduce the cause of your concerns.<br />

If you do not do so, your sick pay may be withheld or reduced. The fact that your<br />

illness is or is alleged to be work-related does not affect the <strong>FSA</strong>’s rights in<br />

relation to the handling of your absence, up to and including dismissal.<br />

• If the fit note from your GP states that you may be fit to work with adjustments,<br />

you will take all reasonable steps necessary to cooperate with the <strong>FSA</strong> in<br />

determining the appropriate adjustments to be made. This may include<br />

discussions with your line manager, HR, Occupational Health or a return<br />

visit to your GP to clarify the recommendations.<br />

• If the <strong>FSA</strong> decides that the suggested workplace adjustments are not practicable,<br />

you will remain on sick leave at least until your current fit note expires.<br />

• Whether or not you are actually off sick at the time, you must inform your line<br />

manager if there is a change in your medical condition or if any of the<br />

adjustments put in place for you by the <strong>FSA</strong> are proving unsuitable.<br />

• You must agree to a reasonable request from your line manager to undergo a<br />

consultation with either the <strong>FSA</strong>’s Occupational Health Adviser (OHA) or<br />

Occupational Health Physician (OHP) and/or for a report to be produced by them.<br />

What are the responsibilities of line managers?<br />

• Managers will actively monitor absences within their teams and will raise<br />

concerns with the HR Helpline.<br />

• If managers have a concern about your absence, they have the discretion to<br />

recommend an investigation that might result in the withholding of pay. This<br />

would be applied in conjunction with other sanctions, such as those stated in the<br />

Disciplinary Procedure, and after consultations with you and HR. If there is no<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 21


improvement in persistent absence, managers may take action up to and including<br />

dismissal in line with the Disciplinary Policy.<br />

• Depending on the circumstances, a manager will consider referring you to<br />

the OHA or OHP if you have been absent for more than ten days in a rolling<br />

12-month period (see Definitions section) or have had more than three absence<br />

episodes in a rolling 12-month period, but will also reserve the right to refer you<br />

to the OHA/OHP if he or she feels it is appropriate.<br />

• On receipt of a fit note that states you may be fit for work with adjustments, your<br />

manager will consult with you, HR and (if the <strong>FSA</strong> considers it appropriate) the<br />

OHA/OHP. This aim is to identify the most suitable approach for both you and<br />

the <strong>FSA</strong>.<br />

• Managers can request a fit note for any period of absence (i.e. less than seven<br />

days); however, this is only likely to be applied if you have had three or more<br />

periods of short-term absence within a rolling 12-month period. The <strong>FSA</strong><br />

(relevant business area) will pay for this.<br />

• Managers will maintain regular contact with employees who are on extended and<br />

long-term absence. For extended absences, managers will ensure weekly contact<br />

and for longer term absence, managers will ensure fortnightly contact as a<br />

minimum standard. Contact may be made by telephone, email, letter or personal<br />

visit. Separate arrangements will be made for those in receipt of Permanent<br />

Health Insurance (PHI).<br />

• Managers are best placed to provide input in relation to the activities an employee<br />

actually carries out and which adjustments are feasible in relation to their specific<br />

role. This is particularly important where adjustments are to be made as a result<br />

of a fit note and/or OHA/OHP advice.<br />

Definitions<br />

Sickness absence is defined as a period of time away from the <strong>FSA</strong> caused by illness,<br />

injury or other form of incapacity, which means that an employee is medically unfit<br />

for work.<br />

• Short-term absence: lasting up to seven calendar days (including weekends and<br />

public holidays);<br />

• Extended absence: lasting between eight days and 65 days of continuous or<br />

aggregated absence; and<br />

• Long-term absence is defined as a continuous or aggregated absence of more<br />

than 65 days.<br />

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We have different procedures and levels of intervention for each category of<br />

absence. These are set out in this policy document, together with any connected<br />

policies or documents.<br />

The new Statement of Fitness for Work or “fit note” which replaced doctors’<br />

certificates from 6 April 2010 means that GPs can advise that an employee<br />

is either:<br />

• Unfit for work; or<br />

• May be fit for work - a GP will give this statement if they think that an<br />

employee’s health condition may allow them to work if the <strong>FSA</strong> is able to<br />

provide suitable support and adjustments. This recommendation is made without<br />

necessary knowledge of the <strong>FSA</strong>’s working conditions or requirements and so<br />

does not bind the <strong>FSA</strong> in any way.<br />

The fit note does not include the option for GPs to advise an employee that they are<br />

fully fit for work. You do not need to be fully fit to return to work nor need to be<br />

‘signed back’ to work by a GP (see section on “Support and adjustments available”).<br />

A rolling 12-month period - entitlement to sick pay is calculated on a rolling<br />

12-month basis which commences with the first day of each reported sickness<br />

absence. The total of any periods of absence due to sickness taken within the<br />

previous 12-month period is deducted from this total to determine the balance of<br />

entitlement due. So, how do we do that? We look back 12 months from the first day<br />

of the current period of sickness absence and total the number of sick days absent.<br />

This is deducted from your occupational sick pay entitlement, leaving the number of<br />

occupational sick pay days left at full and half pay going forward.<br />

Summary of the Sickness Absence Policy and links to related topics<br />

Short-term absence<br />

This covers all absences caused by sickness, injury or other incapacity lasting up<br />

to seven days. You should call your line manager each day (unless alternative<br />

arrangements have been agreed) before 9.30am should report your (continued)<br />

absence. Your line manager will raise an Open Sickness record on your Chrysalis HR<br />

record. They will close this absence record when you return to work. Please note,<br />

however, that managers can request a fit note for periods of absence of less than<br />

seven days if they have a concern about the frequency of short-term absence episodes<br />

– this would normally be three or more episodes in a rolling 12-month period. The<br />

<strong>FSA</strong> will pay for any reasonable costs associated with obtaining a fit note in these<br />

instances.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 23


Extended absence<br />

Periods of absence over seven calendar days (and up to 65 days’ continuous or<br />

aggregated absence) fall into the extended absence category. Until agreed otherwise<br />

with the line manager, you should continue to contact and speak to your manager on<br />

a daily basis. Fit notes should be provided throughout the period of absence. You<br />

should ensure that you provide a continuous updated fit note within two days of the<br />

expiry of the previous fit note. Depending on the nature of the absence, the manager<br />

may agree to weekly updates during this period.<br />

Providing you follow the correct procedures, you would normally expect to continue<br />

to receive your normal pay (including any SSP entitlement) during this period,<br />

providing that your absence does not aggregate more than 65 days in a rolling<br />

12-month period.<br />

Long-term absence<br />

Long-term absence begins when you have been absent for a period in excess of<br />

65 days. Long-term absence affects pay. This includes instances when aggregated<br />

absence over a rolling 12-month period exceeds 65 days. Fit notes should be<br />

provided throughout the period of absence. You should ensure that you provide<br />

an updated fit note within two days of the expiry of the previous fit note.<br />

Line managers will maintain regular contact throughout the period, taking care to<br />

be reasonably sensitive to your needs during a period of ill health.<br />

Pay and benefits in connection with absences<br />

Sick pay falls into two categories – Occupational Sick Pay (OSP) and<br />

Statutory Sick Pay (SSP).<br />

There is no contractual obligation for the <strong>FSA</strong> to pay OSP. <strong>Employee</strong>s who fail to<br />

follow the reporting and other evidential procedures may forfeit OSP. SSP is paid<br />

after three days’ absence and continues for 28 weeks (over a three-year period).<br />

You will normally receive full pay (comprising a mix of OSP and SSP) for short and<br />

extended absences of up to 65 days (continuous or aggregated in a 12-month rolling<br />

period). This applies to permanent and fixed-term employment contracts, but not to<br />

third-party providers of service who are not paid through our payroll.<br />

Please note that we reserve the right to withdraw OSP in certain circumstances,<br />

including but not limited to the following:<br />

• Where it has been communicated to you that disciplinary proceedings or<br />

performance management has or will commence or where either is ongoing.<br />

• Where you have not followed the set procedure for reporting absence.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 24


• Where the absence is the result of elective surgery (excluding IVF).<br />

• Where you refuse to comply with a request to be examined by the OHA/OHP or<br />

medical consultant and/or for a report to be prepared.<br />

• After the giving of notice of termination by you or the <strong>FSA</strong>.<br />

• Absences longer than 65 days (continuous or aggregated in a 12-month rolling<br />

period) will result in half normal pay for up to a further 65 days (within a rolling<br />

12-month period). Thereafter eligibility for further pay will be determined<br />

following application to the Permanent Health Insurance (PHI) provider if you<br />

satisfy the terms of that scheme.<br />

The table below outlines payment terms for sickness absence for OSP and<br />

SSP depending on the number of day’s absence you have had within a 12-month<br />

rolling period:<br />

Length of absence Short-term:<br />

up to seven<br />

days<br />

Extended:<br />

eight – 65<br />

days<br />

Long-term:<br />

66 – 130<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 25<br />

days<br />

Long-term:<br />

more than 130<br />

days<br />

Pay Full Full Half Nil but may<br />

qualify under<br />

PHI<br />

Holiday accrual and long-term sickness absence (also noted in the Holiday Policy)<br />

Due to a change in legislation, a 'statutory' amount of holiday accrues while you are<br />

on long-term sickness absence, equivalent to 28 days per annum, including bank<br />

holidays. You are permitted to take all or some of this holiday during the period of<br />

long-term sickness absence. If you wish to take holiday during this period, please<br />

inform your line manager in the usual way, as set out in the Holiday Policy.<br />

Sickness during a planned holiday (also noted in the Holiday Policy)<br />

You may be eligible for time off in lieu if you are able to provide a fit note or other<br />

form of confirmation from a medical practitioner to cover your illness (for example,<br />

if you take ill while you are abroad), no matter what the duration of the illness. You<br />

must cover any costs associated with providing a fit note. Without such evidence of<br />

your illness, we will not be able to “reimburse” the days that you lost (see the holiday<br />

FAQs on Connect+).<br />

Salary and annual individual incentive payment review<br />

Short-term absences will not normally affect pay and annual individual incentive<br />

payment decisions unless repeated, although any pay increase and payment of annual<br />

individual incentive payment will be deferred until you return to work. Long-term<br />

absences will trigger a reduction to reflect the actual amount of time at work, and<br />

therefore your actual contribution. Absences may affect your promotion prospects.


Support and adjustments available<br />

Following a period of extended or long-term absence and/or where your GP<br />

has signed your fit note as “May be fit for work”, adjustments may be needed to<br />

facilitate your return to work. Those adjustments will be based on the advice and<br />

recommendations of your GP or other medical practitioner in your Fit Note. If we<br />

need further guidance in order to carry out any step recommended by your GP, or<br />

your GP has not specified which adjustments to make, we will refer you to the <strong>FSA</strong>’s<br />

OHA/OHP for further guidance.<br />

Adjustments the <strong>FSA</strong> may make may include a phased return to work, altered hours,<br />

amended duties and/or workplace adaptations, and may involve a temporary or<br />

permanent move to a flexible working arrangement. Unless short term (i.e. less than<br />

12 weeks), any limit placed on working hours may be reflected in an adjustment to<br />

salary for so long as that limit remains in place (see below).<br />

The advice given on fit notes is not binding on employers Therefore after discussing<br />

the fit note with you (and where the <strong>FSA</strong> considers it appropriate) the OHA, the <strong>FSA</strong><br />

has the right to make the final decision on the most suitable arrangement for<br />

both parties.<br />

Rehabilitation programmes<br />

Following a period of extended or long-term absence, the OHA may prepare a<br />

tailored rehabilitation programme for up to 12 weeks, in consultation with you, your<br />

line manager and where appropriate, your GP.<br />

If after 12 weeks you are still not making progress towards re-establishing your<br />

previous work pattern, discussions will begin with you to renegotiate your contract of<br />

employment in order to achieve a more acceptable outcome for you and for the <strong>FSA</strong>.<br />

Pay during a period of rehabilitation<br />

Your pay when returning to work on a rehabilitation programme up until you<br />

are back to your normal working arrangements (normally within 12 weeks) will<br />

be as follows:<br />

Your pay immediately before your<br />

return to work<br />

Up to 17.5 hours (i.e. half of<br />

full-time contractual hours of<br />

35 hours per week)<br />

More than 17.5<br />

hours<br />

Full pay Full pay Full pay<br />

Half pay Half pay Hours worked<br />

(at full pay per<br />

Nil pay Hours worked (at full hourly<br />

rate)<br />

hour)<br />

Hours worked<br />

(at full pay per<br />

hour)<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 26


Situations where you may have to remain on sick leave<br />

If your GP has completed your fit note incorrectly, you will be required to remain at<br />

home on sick leave until further clarification is received from your GP or the <strong>FSA</strong>’s<br />

Occupational Health.<br />

If we are unable to make the necessary adjustments in time for your return to work or<br />

at all, you will be required to remain at home on sick leave until you are fit to return<br />

to work.<br />

Disputes<br />

In the event of any dispute about a GP’s recommendations, you will be<br />

required to remain at home on sick leave until the advice has been clarified<br />

to the <strong>FSA</strong>’s satisfaction.<br />

If you do not agree that the OHA’s/OHP’s advice is in line with your GP’s advice<br />

you should discuss your concerns with your line manager and HR and try to resolve<br />

the situation informally. It may be necessary for an additional medical report to be<br />

sought on your behalf by the <strong>FSA</strong>.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Sickness Absence Policy as at October 2011.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet. Any questions on the application of<br />

the policy should be directed to the HR Helpline on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 27


Leave for Special Circumstances Policy<br />

The <strong>FSA</strong> recognise that our employees, as part of the wider community, may<br />

be required to fulfil certain public duties. It also recognises that employees may,<br />

from time to time, face temporary difficulties in providing certain types of care for<br />

the family.<br />

This policy has been developed to help employees to balance work and outside<br />

commitments. Any such absences should be agreed with and monitored by the<br />

employee's line manager.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• Treat requests for leave under this policy with sensitivity.<br />

• Balance requests for leave under this policy with the operational needs of<br />

the business.<br />

• Ask you to provide appropriate and relevant information that supports your<br />

request for leave for special circumstances, e.g. your invitation to jury service.<br />

What the <strong>FSA</strong> expects of you<br />

• Give your line manager reasonable notice of your special leave requirements<br />

(wherever possible).<br />

• Make every effort to make up any time spent on public duties.<br />

• Think carefully about the amount of time spent on discretionary public duties and<br />

the impact it may have on your working time, e.g. if you are school governor and<br />

a local councillor.<br />

• To disclose any external employment, appointment or business interest to your<br />

Director/Head of Department (HoD) and obtain their permission before starting<br />

or (if you are new to the <strong>FSA</strong>) continuing with this activity.<br />

• Only take up any paid or unpaid external employment where there is no conflict<br />

of interest.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 28


The policy<br />

Compassionate leave<br />

A number of compassionate leave arrangements exist to allow employees to take<br />

short periods of leave, paid or unpaid, to deal with serious emergencies that arise at<br />

short notice. The following are typical circumstances in which employees might take<br />

paid or unpaid compassionate leave:<br />

• Close family bereavement – at the HoD or Director’s discretion, employees are<br />

eligible for normally two but up to five days’ paid leave.<br />

• Serious illness/injury of a dependant or a dependant gives birth – at the HoD or<br />

Director’s discretion, employees are eligible for up to two days paid leave to<br />

provide assistance and/or make arrangements for the provision of care. Further<br />

unpaid leave can be taken with the line manager's agreement.<br />

• Unexpected incident involving a child/dependant – employees may take<br />

reasonable unpaid time off to deal with an incident involving their child.<br />

• Breakdown of care arrangements – employees may take unpaid time off to deal<br />

with the unforeseen breakdown of care arrangements. <strong>Employee</strong>s need to advise<br />

their line manager at the earliest opportunity and agree a return date, thereafter<br />

keeping their line manager advised of any changes.<br />

• Assisting an injured person in an emergency – employees can take reasonable<br />

unpaid time off to deal with an emergency involving a person who relies on them<br />

and who has been assaulted, injured or has fallen ill.<br />

Line managers have the discretion in all cases to agree additional time off work to be<br />

taken as unpaid leave, annual leave or through a flexible working arrangement. The<br />

HR Helpline will provide advice if required.<br />

Length of compassionate leave<br />

The length of time required for compassionate leave may vary depending on the<br />

circumstances. Line managers and employees must discuss and agree the approach to<br />

be adopted.<br />

Where a period of absence is likely to be greater than two days, the employee should<br />

keep their line manager informed of the situation and when they may be able to<br />

return to work.<br />

Where possible, line managers should discuss with the employee what element of<br />

leave will be paid, unpaid, etc., prior to the leave being taken (or if this is not<br />

possible, during the period of leave itself, if practical).<br />

Compassionate leave requests must be made via “Unpaid Leave” or “Paid Leave”<br />

requests through <strong>Employee</strong> Self-Service on Chrysalis.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 29


Time off for public duties<br />

<strong>Employee</strong>s are legally entitled to unpaid time off for a range of different public duties<br />

such as the following (among others):<br />

• Justice of the Peace<br />

• Local councillor<br />

• Member of any statutory tribunal<br />

• School governor<br />

You are required to obtain the written approval of your line manager in advance of<br />

entering public service, and if you already hold such a position on joining the <strong>FSA</strong>,<br />

you should obtain your line manager’s written approval for it to continue.<br />

Certain public duties carry a statutory right to reasonable time off, although there is<br />

no legal obligation for the time to be paid. Circumstances may dictate some use of<br />

discretion, but our guidelines are as follows:<br />

• Justice of the Peace duties: up to ten days paid leave.<br />

• Other public duties (including Special Constables and Reserve Forces activities):<br />

up to five days unpaid leave.<br />

Your line manager should be given adequate notice of these duties and you should<br />

make every effort to make up any time spent on public duties. You must also record<br />

your public duty absences via <strong>Employee</strong> Self-service on Chrysalis whether paid or<br />

unpaid.<br />

The amount of leave required should be discussed with your line manager at the<br />

beginning of each year, and adequate notice of each individual attendance should<br />

be given.<br />

Time off for public duties will be monitored through Chrysalis, and where the<br />

amount of absence appears excessive, advice can be sought by the line manager from<br />

the HR Helpline.<br />

Although time off for public duties, including membership of local authorities<br />

may be granted, employees will not be granted time off to engage in activities<br />

that support a political party. For example, to prepare, produce or distribute party<br />

political literature.<br />

Jury service<br />

If you are called for jury service, you should inform your line manager and the<br />

HR Helpline. You must also record your jury service absences under the Paid Leave<br />

Absence section via <strong>Employee</strong> Self-service on Chrysalis as “paid leave/authorised<br />

absence” and add a comment that it is for jury service.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 30


Unless attendance at court from a business point of view is very difficult, it is<br />

preferable that you attend for jury service. Those who defer are normally called<br />

again quite soon.<br />

You will continue to receive your basic salary during jury service less any allowance<br />

paid by the Court for loss of earnings. You should claim all allowances available<br />

from the Court and forward a statement from the Court to the HR Helpline, giving<br />

the times/days you were required. A deduction will be made from your salary for any<br />

allowance that you receive from the Court. You should attend work on any days or<br />

half days when you are not required by the Court.<br />

The same arrangements apply for witness attendance in the course of civic duty and<br />

in the event that you are subpoenaed or otherwise compelled by a Court to attend.<br />

Attendance at private prosecutions and civil proceedings (e.g. divorce) will not<br />

qualify for paid time off and you will be required to take any day when you are<br />

needed in Court as part of your holiday entitlement or as unpaid leave.<br />

Personal business (including additional paid/unpaid employment)<br />

<strong>Employee</strong>s are expected to arrange and conduct personal business in their own time.<br />

IMPORTANT NOTE (see the “Exclusive Employment” section in the Personal<br />

Conduct Policy):<br />

It is a condition of your employment that while employed by the <strong>FSA</strong> you are not<br />

permitted to undertake any additional employment, whether directly or indirectly,<br />

except with the written approval of the <strong>FSA</strong>. Agreement will not be given where a<br />

potential conflict of interest exists, i.e. if the role involves any firm, person or<br />

organisation that is or has been regulated, monitored or investigated by the <strong>FSA</strong> or<br />

has applied for authorisation.<br />

Restrictions on external employment include casual or part-time work in your spare<br />

time (whether paid or not) and employment includes directorships, trusteeships,<br />

school governorship’s, local authority councillorship’s, or provision of services as<br />

consultant or agent.<br />

You are required to obtain the written approval of your line manager before<br />

accepting an external position, and if you already hold such a position on joining the<br />

<strong>FSA</strong>, you should obtain your line manager’s written approval for it to continue.<br />

Medical and dental appointments<br />

Medical (doctor, dentist and hospital) appointments should be arranged outside<br />

normal office hours whenever possible.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 31


If this is not possible, you should discuss with your line manager and try to arrange<br />

appointments at times that cause least disruption to your work. You should make up<br />

the time. Your line manager may ask to see written confirmation of appointments.<br />

Community affairs<br />

The <strong>FSA</strong> is a socially responsible employer, and we are committed to making a<br />

positive impact on the local communities that support us.<br />

We work with partnerships in Tower Hamlets and the surrounding boroughs,<br />

providing employee volunteers and other non-financial support to encourage<br />

regeneration of the local area. We also participate in community activities local to<br />

our Edinburgh office.<br />

The schemes are integrated with the <strong>FSA</strong> Behavioural Framework to provide<br />

you with alternative personal development opportunities, and support our<br />

Diversity Strategy.<br />

Providing your line manager gives their approval, you can spend up to 20 working<br />

hours per year on <strong>FSA</strong>-endorsed community schemes, for which you will be paid.<br />

Details of schemes available are described on Connect+ under 'Community Affairs'<br />

and can be accessed through the Corporate Responsibility site, which can be found<br />

under 'Corporate'. Registration forms are also available from the Community Affairs<br />

pages. Also see the Community Affairs Policy in this handbook.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Leave for Special Circumstances Policy as at May 2011.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at our discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 32


2 Career Development<br />

Career Development Policy<br />

This section is dedicated to helping you to think about your career development at the<br />

<strong>FSA</strong>.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• The <strong>FSA</strong> will assist you in making your career plans by committing to help you<br />

understand the options available to you. There are a number of Career<br />

Development Tools to help you with this.<br />

• To provide you with tools to support your career development; for example, our<br />

development interventions include training courses, reading, secondments, on-the<br />

job experience, coaching and mentoring.<br />

What the <strong>FSA</strong> expects from you<br />

• Your career development is your responsibility. While your manager can help<br />

you to think about your career, support your learning and development, and<br />

facilitate your next move, they cannot guarantee you a specific career path for<br />

you or tell you what to do next – those decisions are up to you.<br />

The <strong>FSA</strong> philosophy on career development<br />

• Career development means different things to different people at different times.<br />

It does not always have to be about promotion, but can also be about selfdevelopment<br />

or finding a role that you think is challenging and interesting. We<br />

offer a broad range of experiences at the <strong>FSA</strong>.<br />

• We cannot guarantee that planning your career will definitely get you any job<br />

you apply for, but it will help you to be best-positioned for those opportunities<br />

when they come along.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s career development policy as at April 2009.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 33


The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

Contractual status of this policy<br />

The policy is not contractual and is subject to change at our discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 34


Time off for Corporate Responsibility<br />

Principles<br />

The Corporate Responsibility Team supports the business to deliver the best service<br />

to the public and the financial sector through the provision of community affairs,<br />

diversity and inclusion, and environmental services.<br />

<strong>Employee</strong>s can volunteer with the aim of developing their business skills, shaping<br />

their understanding of consumers, increasing their business skills, and increasing<br />

their knowledge of consumers’ experience when using financial services.<br />

By giving employees the change to be involved in their community and linking what<br />

they do to their learning and development, we can utilise what we learn to better<br />

understand those using financial services.<br />

Volunteering also provides a chance to develop skills and make a positive<br />

contribution to the community.<br />

The <strong>FSA</strong> encourages staff to participate in Corporate Responsibility projects and<br />

reflects this by allocating a certain number of working hours to such initiatives.<br />

Time off for Community Affairs<br />

<strong>Employee</strong>s are allowed 20 hours per annum to participate in individual pursuits plus<br />

an additional 7 hours for a team challenge. This is to be recorded under the iTime<br />

code: BS Other – Work in the Community.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Time off for Corporate Responsibility Policy as at February 2013.<br />

The policy is owned by the Corporate Responsibility Departmen.t.<br />

The policy is not contractual and is subject to change at discretion of the <strong>FSA</strong> – any<br />

changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the Community<br />

Affairs on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 35


Sponsored Studies Policy<br />

The <strong>FSA</strong> provide a comprehensive range of learning and development opportunities<br />

for employees, which can be found on Connect + (Learning and Development).<br />

Some roles require professional qualification. If this is the case and an applicant is<br />

required to undergo further study, the <strong>FSA</strong> will pay all reasonable associated costs.<br />

Applicants wishing to pursue further study, in order to gain additional qualifications<br />

on a voluntary basis should discuss their intentions with their line manager. Line<br />

managers will assess the suitability of the proposal against the individual’s current<br />

role requirements.<br />

The budget for sponsored study is managed by Organisational Development<br />

(OD). The <strong>FSA</strong> reserves the right to grant or withhold funding at its discretion.<br />

In the interest of cost efficiency the <strong>FSA</strong> also reserves the right to select providers<br />

for certain qualifications where preferred supplier exist and agreements are in<br />

place, funding may be withheld where applications can be met more cost<br />

effectively elsewhere.<br />

Sponsorship conditions<br />

The <strong>FSA</strong> will not provide sponsorship for individuals working at the <strong>FSA</strong> who are<br />

not employees.<br />

Please note it is only possible to undertake either a qualification under this policy or<br />

one request under the Time off to Train Policy within a 12 month period. If you have<br />

already made a request under this policy then you may not make a training<br />

application within a 12 month period of that request under the Time off to Train<br />

Policy, and vice versa.<br />

The <strong>FSA</strong> will not provide sponsorship for a new study/qualification where the<br />

applicant has failed to complete a course or pass an examination previously funded<br />

by the <strong>FSA</strong>.<br />

Sponsorship does not cover accommodation, travel or other incidental costs<br />

associated with the course. These should be agreed with the line manager and, if<br />

appropriate, reclaimed through Expenses from the local area budget.<br />

Sponsorship is not available by Organisational Development for membership of<br />

professional bodies (unless this is a necessary condition of being able to take a<br />

qualification offered by that body). It is the applicant's responsibility to inform the<br />

Learning & Development Support Team of existing membership where this permits<br />

a discounted rate for examination entry or study materials.<br />

The <strong>FSA</strong> will not be responsible for the additional costs incurred as a result of late<br />

entry to a course or examination, or for cancellation fees if <strong>FSA</strong> employee is unable<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 36


to sit an examination. Please ensure that the study plan takes into account the amount<br />

of time needed to devote to gaining the qualification and allow at least ten days for<br />

Organisational Development to process the application.<br />

Your study contract<br />

By signing the Sponsored Study application form the employee agrees to adhere to<br />

the Sponsored Studies policy, and that the <strong>FSA</strong> may deduct any monies owed, from<br />

their salary, during their notice period where applicable.<br />

When an employee resigns from the <strong>FSA</strong> within the first 3 months of starting their<br />

sponsored study, or fails to complete that sponsored study, or is dismissed by the<br />

<strong>FSA</strong> for reasons of unacceptable conduct or capability during this period, the <strong>FSA</strong><br />

employee will be liable to repay the <strong>FSA</strong> 100% of the total course costs.<br />

When an employee resigns from the <strong>FSA</strong> in the period from 3 months after starting<br />

their sponsored study and within 12 months after completing their sponsored study,<br />

or fails to complete that sponsored study, or is dismissed by the <strong>FSA</strong> for reasons of<br />

unacceptable conduct or capability during this period, the <strong>FSA</strong> employee will be<br />

liable to repay the <strong>FSA</strong> 50% of the total course costs.<br />

Repayment of sponsorship will not be required where examinations and courses<br />

are taken at request of the <strong>FSA</strong>. This distinction should be made clear in the<br />

application form.<br />

Applicants must obtain approval for sponsorship before any definite bookings<br />

committing <strong>FSA</strong> expenditure are made.<br />

When applicants successfully pass a qualification, they need to send evidence<br />

immediately on their receipt and within 6 months of completion of the course to<br />

Learning & Development Support via the * HR Helpline. If this is not done the <strong>FSA</strong><br />

may be asked to repay some of the funding.<br />

Study leave<br />

Sponsorship is available for part-time, evening, distance learning and ‘block- release’<br />

studies. Sponsorship for full-time study is not available. The business case must<br />

include justification for any ‘block-release’ or other time away from normal working<br />

hours, required as part of the study programme and must be agreed/signed off by the<br />

line manager before submitting the application to Organisational Development.<br />

The time off for study/revision/examinations is not an automatic entitlement; it is<br />

subject to line management approval based upon business requirements and<br />

individual circumstances therefore should be agreed in advance of any application<br />

being submitted.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 37


As a guideline, it is suggested 5 days study leave per annum. However for certain<br />

industry qualifications, time off work to attend courses may be permitted in excess of<br />

this. This should be agreed with the applicant's line manager prior to application as<br />

there may be clear business reasons why this is not acceptable. In addition, a<br />

maximum of 2 days revision leave may be permitted for each exam plus a half-day<br />

for the exam itself.<br />

Re-sits<br />

In circumstances where the <strong>FSA</strong> requires the individual to obtain a professional<br />

qualification examination, re-sits may be paid for when an employee fails to pass at<br />

the first attempt (employees are permitted two re-sits at the <strong>FSA</strong>’s expense).<br />

Where the study is being undertaken voluntarily, we may consider reimbursement of<br />

the costs of one re-sit. The employee should pay for the re-sit first. When the<br />

examination is successfully passed, only the cost of the examination entry may be<br />

considered for reimbursement, the cost of further materials will not be reimbursed.<br />

Examination costs will not be reimbursed if the employee fails the re-sit. Where costs<br />

are reimbursed, the additional cost will form part of the agreement to repay<br />

sponsorship on leaving the <strong>FSA</strong> (see above for further details).<br />

Individuals should check first with the Learning & Development Support Team via<br />

the * HR Helpline to ensure that budgets for re-sits are available, prior to making any<br />

financial commitment.<br />

Equality of opportunity<br />

In line with the <strong>FSA</strong>’s policy on Equality of Opportunity Policy, the <strong>FSA</strong> will strive<br />

to avoid unlawful discrimination in all aspects of employment – including provision<br />

of training.<br />

Who is covered by this policy?<br />

All <strong>FSA</strong> employees are covered by the Sponsored Studies Policy. This includes<br />

employees on fixed term contracts, although sponsored study courses should be<br />

completed within the duration of the contract.<br />

The <strong>FSA</strong> will not normally provide sponsorship for employees within their<br />

probationary period. Where an individual completes an examination at their own<br />

expense and subsequently successfully completes their probationary period, the <strong>FSA</strong><br />

may reimburse the costs of the study, provided that this has been agreed in advance<br />

with the line manager and Organisational Development.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 38


Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Sponsored Studies Policy as at June 2010.<br />

The budget for all Sponsored Study is owned by the HR Division. The policy is<br />

owned by the HR Division and has been developed in conjunction with the Staff<br />

Consultative Committee.<br />

The policy is not contractual and is subject to change at our discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 39


Time off to Train Policy<br />

From 6 April 2010, new legislation entitles eligible employees (including fixed-term<br />

workers) to make a request for time off to train. This is to help develop specific skills<br />

relevant to your job, workplace or business that will improve your effectiveness and<br />

the performance of the <strong>FSA</strong>. While requests may involve time away from your daily<br />

duties, the main focus of the new right is about employees and managers agreeing<br />

relevant training.<br />

The <strong>FSA</strong> is committed to the development of our employees. We provide a<br />

comprehensive range of learning and development opportunities and support<br />

employees undertaking self-study programmes.<br />

This Time off To Train Policy enables employees to make a request to take time off<br />

to train under section 63D of the Employment Rights Act 1996 (See FAQs on the<br />

<strong>Employee</strong> Guidance site).<br />

The legislation is aimed at employers who do not offer adequate training<br />

opportunities for their employees. You do not have to use this right for every training<br />

request as the <strong>FSA</strong> already has well established policies, systems and processes in<br />

place for making training requests, so please review these before making a request<br />

under this policy.<br />

You should continue to use Chrysalis for applying for internal training courses<br />

(see the Learning and Development website for details of internal courses available).<br />

For external courses, qualifications or training you can make a request in a number<br />

of ways:<br />

• Sponsored Studies for professional qualifications funded by the <strong>FSA</strong> (see the<br />

Sponsored Studies Policy and application process);<br />

• External courses booking process for seminars, conferences and other training<br />

that we cannot provide internally and that will be paid for by the <strong>FSA</strong> (see the<br />

Learning and Development website).<br />

• Other requests for time off to train where the <strong>FSA</strong> will not cover the cost or the<br />

training or your salary during the training can be requested under this policy.<br />

Please note it is only possible to undertake either a qualification under the Sponsored<br />

Studies Policy or make request for time off to train within a 12 month period. If you<br />

have already made a request under this Time off to Train Policy then you may not<br />

make an application within a 12 month period of that request under the Sponsored<br />

Studies Policy, and vice versa.<br />

The <strong>FSA</strong> encourage employees who wish to develop their career by undertaking<br />

studies related to their role and may provide time off for training under this policy,<br />

dependent upon the nature of the course of study or qualification.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 40


<strong>Employee</strong>s not covered by this policy may still request training through the internal<br />

processes noted above.<br />

There is no automatic right to time off for training at all or for any specific period, to<br />

be paid during any period you may have off to train under this policy, or for the <strong>FSA</strong><br />

to pay for the cost of a training course as there will always be circumstances when<br />

the <strong>FSA</strong> is unable to accommodate a request. However, this policy aims to facilitate<br />

discussion and to encourage both employees and managers to find a mutually<br />

agreeable solution for you to develop the skills and knowledge required for your<br />

career at the <strong>FSA</strong>.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• To consider reasonable time off for relevant training.<br />

• Each request will be considered seriously and assessed on its own merits.<br />

• We will respond within stated statutory timeframes, unless otherwise agreed<br />

with you.<br />

• To support employees who wish to undertake a course of study that is relevant<br />

to the individual employee’s development and the <strong>FSA</strong>’s business.<br />

What the <strong>FSA</strong> expects from you<br />

• You should discuss your development requirements with your line manager in the<br />

first instance during one of your regular bilaterals – you need not wait until your<br />

development review.<br />

• You must gain agreement from your line manager to undertake training.<br />

• You should consider internal routes for training before making an application.<br />

• You must complete the Time off to Train request form relevant to this policy.<br />

• You must record the time off to train under the Unpaid Leave Absence record via<br />

<strong>Employee</strong> Self-service on Chrysalis.<br />

• You should make reasonable efforts to attend any meeting to discuss your request<br />

(and/or an appeal). Failure to attend more than once without reasonable cause<br />

could amount to a withdrawal (see below).<br />

• You should ensure that your training is recorded in your development plan and<br />

keep this updated.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 41


• You should take responsibility for ensuring that you devote sufficient time to<br />

your chosen study and ensure you manage your study around your role and your<br />

team commitments.<br />

• You will provide the <strong>FSA</strong> with confirmation of the course you are attending and<br />

evidence via the HR Helpline once your leave has been authorised.<br />

Line managers' responsibilities<br />

• Line managers are expected to provide coaching and mentoring support for<br />

employees undergoing training and development.<br />

• Line managers will discuss and help you plan the most relevant training for you<br />

and for the <strong>FSA</strong>, but must consider internal routes first.<br />

• Line managers will review and discuss with the relevant divisional director the<br />

Time off to Train application from employees and should consider applications in<br />

the context of Talent Management.<br />

• Line managers have a responsibility to ensure that key skills and knowledge are<br />

shared with less experienced staff.<br />

• Line managers must ensure that the balance is struck between business needs and<br />

supporting staff to develop to their full potential.<br />

The policy<br />

Eligibility<br />

In order to make a request you must:<br />

• Be an <strong>FSA</strong> employee;<br />

• Have worked continuously for at least 26 weeks on the date you make<br />

your request.<br />

• You must not have a current warning under either the Disciplinary or the<br />

Performance Management Procedures.<br />

• Your last two appraisal ratings must have been a two or above.<br />

• Not have made another application for Time off for Training or Sponsored<br />

Studies within the last 12 months. Please note only one application can be made<br />

within a 12 month period for either Time off to Train or Sponsored Studies, but<br />

not both.<br />

<strong>Employee</strong>s not covered by this policy may still request training through the internal<br />

processes noted above.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 42


Time off to Train can be combined with holiday, but not with sickness, career leave<br />

or leave under the <strong>FSA</strong>’s Family Leave policies.<br />

Time off to Train requests<br />

Under this policy you can make a request to take time off to undertake training that<br />

will improve your effectiveness in the <strong>FSA</strong> and the <strong>FSA</strong>’s performance.<br />

Types of training<br />

The training can be an external course, such as an accredited programme that leads to<br />

a qualification. Alternatively the training can be shorter unaccredited training to help<br />

you develop specific skills relevant to your role or career at the <strong>FSA</strong> (before<br />

applying, check whether the <strong>FSA</strong>’s internal courses will meet your request - Learning<br />

and Development website). Please note, you cannot apply for Time off to Train under<br />

this policy, and also either sponsored studies or external courses, for the same<br />

course/training.<br />

Your manager and director may accept your request, but reserve the right to propose<br />

that the training can be met in a different way (e.g. on-the-job, from within the <strong>FSA</strong>’s<br />

range of internal courses, or through an external supplier that the <strong>FSA</strong> already uses).<br />

Amount of time off permitted and payment<br />

For requests made under this policy, the <strong>FSA</strong> will not cover the cost of the<br />

training, but will consider giving you reasonable time off to undertake the<br />

training. The duration of any period for which you take leave to train will be<br />

at the <strong>FSA</strong>’s discretion.<br />

It may be necessary for you to take unpaid leave for some or all of the period you<br />

will be training, or to vary your hours to work on a flexible working arrangement<br />

(See the Flexible Working Policy).<br />

For the time off that you request, the <strong>FSA</strong> will agree one of the following with you:<br />

• You will take unpaid leave for all or part of the period of time off to train (this<br />

may affect your benefits);<br />

• You will vary your hours of work by making an application under the Flexible<br />

Working Policy for the period you will be completing the training. This will be<br />

a permanent change to your Terms and Conditions, unless agreed otherwise<br />

(i.e. the arrangement is to be temporary for the duration of the training).<br />

Considerations<br />

In considering a request for time off for training, <strong>FSA</strong> will take the following factors<br />

into account:<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 43


• Will the proposed training improve your effectiveness in the <strong>FSA</strong> in<br />

your performance?<br />

• Will the proposed training improve the performance of the <strong>FSA</strong>?<br />

• Will there be any additional costs incurred by the <strong>FSA</strong>?<br />

• Will the proposed training have a detrimental effect on your ability to meet<br />

your objectives?<br />

• Can worked be reorganised among existing staff?<br />

• Will the proposed training have a detrimental impact on quality?<br />

• Will the proposed training have a detrimental impact on performance?<br />

• Will there be an insufficiency of work during the periods you propose to work?<br />

• Are there planned structural changes during the proposed study or<br />

training period?<br />

Process for making a request under the Time off to Train Policy<br />

(See the Time off to Train application form under “Forms” on Connect+)<br />

You should discuss your development requirements with your line manager in the<br />

first instance to check if it can be covered by one of our internal courses, sponsored<br />

studies, etc.<br />

If you then decide to make a request under this policy, you will be required to<br />

make a request by fully completing the Time off to Train Request form on Connect+,<br />

which is sent electronically to HR Helpline. All applications must be signed off by<br />

your Director (or Managing Director for Heads of Department and above). You must<br />

also record the approved time off to train under the Unpaid Leave Absence record via<br />

<strong>Employee</strong> Self-service on Chrysalis.<br />

Within 28 days of receipt of your application a meeting may be arranged between<br />

you and your line manager. This meeting will provide an opportunity to discuss your<br />

request in depth and to explore how it fits with your role or the work of the <strong>FSA</strong>, and<br />

if possible, how best it might be accommodated. Your manager will discuss your<br />

request with your divisional director because final approval of your request must be<br />

made by the director.<br />

Within 14 days of the meeting, we will confirm in writing whether or not your<br />

request has been agreed. If it has, a start date for your training will be agreed with<br />

you and you will be issued with any revised Terms and Conditions. If the application<br />

cannot be accepted you will be provided with clear business grounds as to<br />

why not. If we have been unable to reach a decision at this point you will<br />

be notified accordingly.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 44


Withdrawing and cancellation of a request<br />

You will be able to withdraw your request before your manager considers it. You<br />

should only withdraw a request if you no longer wish to pursue it. Withdrawals<br />

should be in writing and given to your manager. If you do withdraw your request you<br />

will not be able to make a further request for 12 months.<br />

Completion of training<br />

On completion of your training you will need to send evidence that you attended<br />

the course (copy of an invoice, dated certificates, etc.) within 6 months of completion<br />

of the course to the HR Helpline (* HR Helpline). A copy will be retained on your<br />

e-personnel file. If you do not provide this evidence it may result in<br />

disciplinary proceedings.<br />

Return to work after time off to train<br />

If you are taking a continuous block of time off to train, you should discuss with your<br />

manager if your role will be kept open until you return to work. In most cases you<br />

will return to the same job. If this is not possible, you will return to a similar job in<br />

the same Division as the one that you left. The terms of the job, where possible, will<br />

be no less favourable than the job that you left. However, if there is a business<br />

restructure while you are off, you will be included.<br />

Appeals<br />

If you feel that the reason for refusing your request is unjustified, you may appeal in<br />

writing. This must be done within 14 days of the notification of the refusal. The<br />

appeal should state the main reasons why you consider the decision to be unjustified.<br />

The appeal should be submitted to the HR Director.<br />

The appeal will be heard by two people who will be senior employees of the <strong>FSA</strong> one<br />

of whom will normally be the Director of your division. They will not have been<br />

involved in the meeting previously conducted. A member of the HR Division will<br />

also be present to take notes and, where appropriate, give procedural guidance. The<br />

appeal will normally be held within 10 working days of receiving your written<br />

reasons for appeal.<br />

You will normally be given at least 3 working days’ notice of the hearing.<br />

The outcome of the appeal will be communicated to you in writing as soon as<br />

possible after the appeal has been held.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 45


Right to be accompanied<br />

You may be accompanied at formal meetings by a companion, who may be a Staff<br />

Consultative Committee representative or another <strong>FSA</strong> employee of your choice who<br />

may be a friend or colleague. Please note that the fellow employee should not be a<br />

member of the HR Division. Alternatively, you may be accompanied by a Trade<br />

Union official. The meeting may be postponed, at your request, for up to five<br />

working days if your chosen companion is not available to attend on the date set for<br />

the meeting.<br />

Who is covered by this policy?<br />

All <strong>FSA</strong> employees are covered by the Time off to Train Policy. This includes<br />

employees on fixed term contracts.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Time off to Train Policy as at June 2010.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>'s Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 46


Talent Management Policy<br />

The <strong>FSA</strong> approach to Talent Management in the <strong>FSA</strong> is to ensure we have the right<br />

people in the right roles, at the right time who have the right depth and breadth of<br />

technical knowledge and behaviours that enable the <strong>FSA</strong> to deliver its strategic aims.<br />

For staff in the <strong>FSA</strong>, Talent Management provides each of us with an opportunity to<br />

develop further in our current roles and allows us to work towards our career<br />

aspirations at the <strong>FSA</strong>.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• Open and honest feedback conversations with your line manager around<br />

expectation setting of current and future development and career opportunities<br />

• Honest feedback collated and given from your line manager and his/her peers<br />

• Support from your line manager in setting learning and development plans<br />

What the <strong>FSA</strong> expects from you<br />

• Take responsibility for driving and owning your own development<br />

• Listen and act on feedback from your line manager<br />

• Work with your manager to develop and implement a personal development plan<br />

The policy<br />

Talent Management will ensure that all staff continues to develop themselves and<br />

contribute to the <strong>FSA</strong> to the best of their ability. Open and honest conversations with<br />

your line manager about your performance, career aspirations and potential will help<br />

identify your strengths and areas for development in the short and longer term. The<br />

<strong>FSA</strong> approach to Talent Management will also help the organisation resource plan,<br />

where appropriate develop people internally and where appropriate ensures that the<br />

<strong>FSA</strong> has successors available to replace business critical roles, if required.<br />

Talent Management has been part of the <strong>FSA</strong> for several years. Business Units have<br />

spent a number of years looking at career development for individuals and this has<br />

now been used and has informed the design which has resulted in the introduction of<br />

a more consistent approach across the business:<br />

• In 2008, the emphasis of Talent Management was to increase feedback<br />

conversations that managers have with individuals about their development both<br />

technical and behavioural and where appropriate, career potential and what they<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 47


need to do to develop in their current role or move into a new role in the future.<br />

All staff across the <strong>FSA</strong> will have had a meaningful conversation with their<br />

manager about this, and should have a personal development plan for the next<br />

12 – 24 months which forms part of the appraisal discussion/process.<br />

• From 2009 managers will more closely align Talent Management to the regular<br />

performance management cycle. We will also look at the more strategic outcomes<br />

of Talent Management such as strategic resourcing and succession planning, and<br />

ensuring we are working towards our goal of having the right person with the<br />

right skills, in the right job at right time.<br />

• Talent Management will also align to other business processes such as tenure for<br />

specific supervision roles.<br />

What do we mean by Talent Management in the <strong>FSA</strong>?<br />

Talent Management will give us:<br />

• the opportunity to provide targeted feedback, development and support to all<br />

staff, ensuring they develop and continue to increase their depth of technical<br />

experience and behaviour in order to help the <strong>FSA</strong> achieve its business goals;<br />

• more opportunity to give all employees honest and open feedback about their<br />

current role and future career potential;<br />

• a consistent approach that encourages all individuals to take an active role in their<br />

development and career whilst with the <strong>FSA</strong>;<br />

• a potential pool of people with the appropriate technical depth and breadth of<br />

experience, who are able to take on key positions in the <strong>FSA</strong> and<br />

• assurance that all areas of the business are properly resourced.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 48


Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Talent Management Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>'s Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 49


Technical Specialist Policy<br />

Background and purpose<br />

Certain roles within the <strong>FSA</strong> require specialist skills and knowledge. Such roles exist<br />

to provide specialist subject matter input rather than providing leadership or<br />

management input.<br />

Technical Specialist (TS) roles are equivalent to Manager grade (with similar salary<br />

structures and the same range of flexible benefits) but do not confer any line<br />

management responsibilities.<br />

The purpose of this Technical Specialist Policy is to provide a framework for the use<br />

of specialists in the <strong>FSA</strong>.<br />

Some roles in the <strong>FSA</strong> are defined as TS roles because of the specialist nature of the<br />

skills required to perform that role. Such positions should normally be filled by an<br />

open recruitment process (via advertisement of the role) except where there is senior<br />

management (i.e. Director or above) agreement that the role can be filled as part of a<br />

‘managed move’.<br />

Cross business unit discussion (e.g. at EOC) should confirm whether there may be<br />

several potential candidates for a given role. If it is known that there is more than one<br />

potentially suitable candidate for a TS role, an assessment/ competitive process<br />

should always be used. This should supersede a ‘managed move’ approach.<br />

Some individuals may develop technical capabilities and skills over a period of time<br />

and may be granted a promotion to a TS grade, even where the role has previously<br />

been defined and filled as an Associate position. Such promotions will be as a result<br />

of development discussions between an individual and his/her manager, the latter<br />

acting as ‘sponsor’ in nominating the individual, in the first instance to the<br />

promotions panel within the business unit (comprising a mix of HoDs and Directors<br />

from the area).<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• If a TS role is created as a result of an individual nomination, this should conform<br />

to the annual pay and performance review process, with any promotions<br />

becoming effective from 1 April or 1st October.<br />

• Individual nominations are filtered by HoDs’ discussion panel (locally), followed<br />

by an SMT panel review.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 50


• A shortlist of candidates is drawn up for interview (with a HoD who is not part of<br />

the individual’s line). Final candidates are approved by the Managing Director<br />

and new appointments will be effective from 1 April or 1 October.<br />

• There is no quota of TS across the <strong>FSA</strong> – each business unit and MD (or<br />

equivalent, e.g. COO) will agree individual conversions to TS in accordance with<br />

their business plan and the development plans of individuals<br />

• Whilst it is usually preferable to advertise TS positions, in situations where an<br />

individual is deemed ready for conversion, the line management sponsor will<br />

need to provide evidence to the MD showing how that individual has developed<br />

and demonstrate that candidate’s ability against predetermined TS role criteria.<br />

• There will be annual monitoring of the number of conversions to TS by the<br />

central Reward & Reporting team, to prevent ‘grade drift’.<br />

The policy<br />

Definition<br />

The definition of Technical Specialist is ‘a subject matter expert who is deployed on<br />

the basis of their deep and specific subject matter expertise and skills set and not on<br />

the basis of their ability to manage, lead and develop a team’.<br />

TS status is conferred either because the role requires specialist skills and experience<br />

or as a result of an individual developing relevant specialist skills, over a set period<br />

of time, as part of a formal learning path which has been created to meet the<br />

requirements of the local business area. TS do not have direct reports.<br />

Contractual Status<br />

TS is equivalent to Manager grade within the structure and attracts the same<br />

remuneration package as Manager grade.<br />

Scope and Remit<br />

It is intended that Technical Specialists will not manage people. However it is<br />

recognised that in practice there may be the need to mentor another specialist or to<br />

manage a PA/Administrator or one other team member (e.g. a graduate) in order to<br />

allocate work. Under no circumstances should a TS manage a team.<br />

Exceptions<br />

There may be some business areas where TS currently carry additional people<br />

responsibilities over and above those specified as part of the remit, perhaps, for<br />

example, by taking on additional people responsibilities over time which were not<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 51


originally intended to form part of the role. In such cases, the roles will need to be<br />

agreed by the MD of the business unit and plans put in place to transition the people<br />

responsibilities to a Manager or HoD, no later than 12 months from the effective date<br />

of this policy.<br />

Filling TS positions<br />

TS roles which are part of the organisational structure should be advertised.<br />

However, in some cases (e.g. if TS positions are used as part of career development)<br />

the role may not always be widely advertised or may not be advertised at all.<br />

However if this approach is used, great care will need to be taken to avoid direct or<br />

indirect discrimination, for example, by ensuring that all eligible candidates are given<br />

consideration when deciding to apply the ‘career development’ approach and that the<br />

process of decision making is objective and involves the collective agreement of the<br />

BU SMT. During this part of the process, the BU SMT must satisfy themselves that<br />

there are no other potential candidates by checking with relevant HoDs and<br />

Managers, if necessary from other Business Units to ensure that we are not excluding<br />

other potentially eligible candidates.<br />

In some business areas, although there are some formal TS roles, individuals can<br />

develop skills and capabilities over time which would enable them to progress to TS<br />

as part of their personal development. This application of the TS grade (as a tool to<br />

recognise the progression of an individual’s specialist knowledge) is vital to ensure<br />

that the <strong>FSA</strong> develops, motivates and retains key skilled individuals. Individuals who<br />

are converted into a TS grade do so as a result of individual development meetings<br />

with their line manager and in these cases there is no ‘open competition’, however<br />

the process (as described above) will normally be applied to ensure fairness and<br />

transparency.<br />

Career Structure/Progression<br />

As mentioned above, promotion from Associate to TS is used as part of individual<br />

development and retention to maintain a pipeline of skills so that the specialist needs<br />

of the <strong>FSA</strong> continue to be met.<br />

Although it is not envisaged that there will be an automatic career path between TS<br />

and Technical HoD, due to the very specialist knowledge that these roles command,<br />

progression may be possible and would be based on a selection process open to<br />

internal and external candidates.<br />

As each role is stand alone and defined on its own merits it is not appropriate to put<br />

in place a formal career path between TS and Technical HoD.<br />

Technical Specialists will normally report to a HoD or Director but may on occasion<br />

report to a Manager.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 52


Salary Ranges<br />

There are separate salary ranges aligned to each relevant job family for TS roles.<br />

Please refer to the Performance, Pay and Benefits pages on the <strong>Employee</strong> Guidance<br />

intranet site.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Technical Specialist Policy as at October 2009.<br />

The policy is owned by the HR Division.<br />

The policy is subject to change at the discretion of the <strong>FSA</strong> – any changes will be<br />

published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy is for information only and does not form part of your contract<br />

of employment.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 53


Technical HoD Policy<br />

Background<br />

HoD roles span across all of the <strong>FSA</strong> (and also have a ‘read across’ to Senior Adviser<br />

roles within Direct Reports). Some HoD roles require highly refined levels of<br />

technical skills and for that reason a new grade - Technical HoD – has been<br />

introduced. Such roles will exist to provide, exclusively, specialist subject matter<br />

input rather than also providing leadership or management input.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• ExCo will approve all appointments to Technical HoD.<br />

• Base salaries and annual individual incentives of Technical HoDs will be agreed<br />

and signed off by ExCo.<br />

• The <strong>FSA</strong> will support Technical HoDs in their continuing professional<br />

development e.g. by supporting and actively encouraging the individual in giving<br />

talks to industry firms on behalf of the <strong>FSA</strong>.<br />

• Technical HoDs will be assessed against the <strong>FSA</strong>’s behavioural competencies but<br />

will not be required to attend Executive Development Programmes.<br />

What the <strong>FSA</strong> expects from you<br />

• Although not a part of the Senior Leadership Team, a Technical HoD will be<br />

expected to display a collegiate and supportive attitude to the collective<br />

objectives and direction of the <strong>FSA</strong> at all times.<br />

• Technical HoDs will be expected to develop their knowledge and skills, usually<br />

by maintaining links with academia, government institutions and industry<br />

contacts without compromising their <strong>FSA</strong> status.<br />

The policy<br />

Definition<br />

The definition of Technical HoD is: ‘a subject matter expert who is deemed to be an<br />

industry expert (or leading practitioner) who is recruited and deployed principally on<br />

the basis of his/her very deep and specific skills set’.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 54


A Technical HoD is likely to have considerable industry experience, for example, as<br />

a consultant or adviser, or to have held a Director (or similar) position within an<br />

authorised firm.<br />

Although Technical HoDs are not people managers or leaders, and will be recruited<br />

primarily on the basis of their relevant specialist knowledge and expertise, they are<br />

also expected to conform to the <strong>FSA</strong>’s behavioural competencies (and will be<br />

assessed against these).<br />

Contractual Status<br />

Technical HoD is a new contractual grade introduced in 2009, closely aligned to<br />

other HoD roles and receives a similar salary range and level of benefits package.<br />

Technical HoD roles are senior roles within the <strong>FSA</strong> but do not form part of the<br />

senior management or leadership hierarchy. Some existing roles will fall within the<br />

remit of the THoD policy to<br />

ensure alignment and consistency.<br />

Scope and Remit<br />

Technical HoDs should not manage people. However it is recognised that in practice<br />

there may be the need to mentor another specialist or to manage a PA/Administrator<br />

or one other team member in order to allocate work. Under no circumstances should<br />

a Technical HoD manage a team.<br />

In addition, Technical HoDs are not considered as part of the Senior Leadership<br />

Team which comprises HoDs s, Directors and MDs (or equivalent e.g. COO) all of<br />

whom are responsible for delivering the <strong>FSA</strong>’s business plan including the leadership<br />

and people development activities that this entails.<br />

The separation of Technical HoDs from the Senior Leadership Group, makes it easier<br />

to manage communications to, and engagement of, the leadership team.<br />

Technical HoDs will be excluded from the Talent Management Review, as this<br />

initiative reflects upon leadership capability which falls outside the scope of the<br />

Technical HoD role.<br />

Filling Technical HoD positions<br />

All business areas identifying the need for a Technical HoD role will be required to<br />

secure ExCo agreement to the business case.<br />

New Technical HoD roles will normally be advertised to ensure the best candidate is<br />

recruited, although it would not normally be anticipated that such experts will be<br />

readily sourced from within the <strong>FSA</strong> due to the specific and specialist industry<br />

expertise sought.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 55


Career Structure/Progression<br />

Although it is not envisaged that there will be an automatic career path between TS<br />

and Technical HoD roles, due to the very specialist knowledge that these roles<br />

command, progression may be possible and would be based on a selection process<br />

open to external candidates.<br />

Technical HoDs will normally report to a Director or MD (or equivalent e.g. COO)<br />

but may on occasion report to another HoD.<br />

Technical HoDs in Supervision areas will fall within the remit of T&C by the end of<br />

2009, whether they are client facing or not.<br />

Salary Ranges and Individual incentives<br />

The Salary Range for Technical HoDs is £95,000 – £200,000 for 2011.<br />

Although the base salary range is aligned with other HoD salary ranges, annual<br />

individual incentives will not be subject to the 40:40:20 weighting, as this reflects<br />

leadership attributes.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Technical HoD Policy as at October 2009.<br />

The policy is owned by the HR Division.<br />

The policy is subject to change at the discretion of the <strong>FSA</strong> – any changes will be<br />

published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy is for information only and does not form part of your contract<br />

of employment.<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 56


3 Ensuring Fair Treatment<br />

Dignity at Work Policy<br />

The <strong>FSA</strong> is committed to creating a working environment where employees feel<br />

valued and respected, which is free from harassment or bullying and where everyone<br />

is treated with dignity.<br />

Harassment and bullying can have serious and significant consequences for<br />

everyone. <strong>Employee</strong>s may become unhappy and less motivated, even getting stressed<br />

and ill – potentially affecting their relationships and their performance at work. A<br />

few unhappy employees can affect the mood and morale of whole teams, affecting<br />

performance and leading to higher turnover and in some cases to legal dispute.<br />

<strong>Employee</strong>s found guilty of bullying or harassment will be subject to the <strong>FSA</strong>'s<br />

Disciplinary Procedure, one consequence of which may be dismissal. <strong>Employee</strong>s<br />

may also be personally liable to pay compensation awarded as a result of legal action<br />

taken against the <strong>FSA</strong> or individuals.<br />

This policy covers the treatment and consequences of bullying, harassment, and<br />

victimisation of, and by, managers, employees, contractors, agency staff and anyone<br />

else engaged in work at the <strong>FSA</strong>. If the complainant or the alleged bully/ harasser is<br />

not an <strong>FSA</strong> employee, the policy will be modified accordingly to ensure an<br />

appropriate outcome.<br />

The policy applies to all <strong>FSA</strong> premises and also to any <strong>FSA</strong>-linked events (for<br />

example, working on client sites, business trips or social events).<br />

This policy sits alongside and complements the Equality of Opportunity Policy. Also<br />

see the <strong>FSA</strong>’s Single Equality Scheme.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will:<br />

• make available appropriate training to ensure employees are aware of their<br />

responsibilities and obligations to others;<br />

• investigate all reports or allegations of bullying or harassment swiftly and treat all<br />

cases in strict confidence limiting information to those who need to know in order<br />

to handle the process;<br />

<strong>FSA</strong> <strong>Employee</strong> <strong>Handbook</strong> 57


• monitor the outcomes of cases where complaints of bullying or harassment have<br />

been raised to ensure that the appropriate procedures have been followed and that<br />

the outcomes are valid and to identify lessons learned for the future;<br />

• seek regular feedback from staff to monitor how successful we are at creating a<br />

respectful environment;<br />

• seek ways to also protect anyone making a claim of harassment or bullying,<br />

providing that claim is made in good faith; and<br />

• seek ways to protect anyone acting as a witness or supporting a colleague who is<br />

raising a grievance in good faith.<br />

What the <strong>FSA</strong> expects of you<br />

You must:<br />

• make sure that you attend and apply any relevant training appropriate to your role<br />

– if you are unsure about what is available or what you should attend, please<br />

contact the HR Helpline in the first instance;<br />

• set an example to others by your own conduct and behaviour, being aware of the<br />

impact that you have on others;<br />

• treat all colleagues, suppliers, clients or contractors in a professional manner and<br />

with dignity and respect at all times;<br />

• raise concerns about someone's behaviour or conduct with your line manager in<br />

the first instance (if your concern relates to your line manager, you should<br />

escalate your concern to your HoD or Director);<br />

• challenge behaviour in others that you believe breaches, or may lead to breaches,<br />

of this policy, intervening if necessary to support those affected; and<br />

• work with your colleagues to ensure there is a supportive working environment<br />

for everyone.<br />

The policy<br />

There are various categories of behaviours which, alone or together, are unacceptable<br />

in the workplace and which may prompt an employee to seek recourse via this<br />

policy. Any behaviour, action or conduct by one person affecting another in an<br />

intentional or unintentional manner which causes or could cause the recipient to feel<br />

distress or discomfort is not acceptable. So we will take appropriate steps, as set out<br />

in this policy, to deal with such circumstances. The principal categories of<br />

unacceptable behaviour are defined below:<br />

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Bullying is offensive, malicious or intimidating behaviour which is deliberately<br />

targeted to create distress, humiliation or offence. It can also be the misuse, or abuse,<br />

of power.<br />

Harassment includes unwarranted and unsolicited conduct or comment – usually<br />

related to a trait or characteristic such as race, disability, gender, gender<br />

reassignment, pregnancy and maternity, religion or belief, marriage or civil<br />

partnership, sexual orientation or age (“protected characteristics” for the purposes of<br />

the Equality Act 2010) – which undermines the dignity of the recipient, who may feel<br />

degraded, undermined, humiliated or offended. Harassment may be the unintended<br />

result of persistent targeted comments or conduct. Sometimes a comment intended as<br />

a joke by one person is offensive to another. This may be considered as a form of<br />

harassment. A single event or incident may also be considered as harassment if it is<br />

sufficiently serious.<br />

All bullying and harassment will be treated as misconduct and will be addressed<br />

under the <strong>FSA</strong>'s Disciplinary Procedure. Serious and severe bullying or harassment<br />

may constitute gross misconduct and result in instant dismissal.<br />

Some bullying and harassment may constitute unlawful discrimination (for example,<br />

if it relates to a protected characteristic, as set out above) and could separately result<br />

in criminal proceedings.<br />

Victimisation is where someone is singled out for unfavourable treatment e.g. is<br />

given a disproportionately high workload in relation to their peers because they have<br />

made a complaint under this (or a related) policy, have brought proceedings relating<br />

to discrimination, or they have supported someone else who has raised a grievance or<br />

issued proceedings.<br />

Legal aspects<br />

• It is unlawful to discriminate directly or indirectly in recruitment, employment,<br />

in the terms offered, in the access to promotion and training, benefits and<br />

facilities and by dismissing or subjecting to other detriment. It is unlawful to<br />

harass because of a protected characteristic (race, disability, gender, gender<br />

reassignment, pregnancy and maternity, religion or belief, marriage or civil<br />

partnership, sexual orientation or age).<br />

• It is unlawful to treat someone less favourably because of disability or for a<br />

reason related to a disability or to fail to make reasonable adjustments to<br />

overcome barriers to employment caused by disability. The duty to make<br />

reasonable adjustments includes removing, adapting or altering physical features,<br />

if these features make it impossible or unreasonably difficult for disabled people<br />

to make use of services. It could also include changes to a job role or working<br />

hours to accommodate a disabled employee.<br />

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• It is unlawful to victimise someone for the above reasons.<br />

• <strong>Employee</strong>s can be held personally liable as well as, or instead of, the <strong>FSA</strong> for any<br />

act of unlawful discrimination. <strong>Employee</strong>s who commit serious acts of<br />

harassment could be charged with a criminal offence.<br />

• Discrimination after someone has left the organisation may also be unlawful e.g.<br />

by refusing to provide a reference, or in the form that the reference is given.<br />

• It is unlawful to discriminate directly or indirectly in the provision of goods and<br />

services on the grounds mentioned above.<br />

Summary of our procedure<br />

We aim to resolve any complaints as quickly as possible and all complaints will be<br />

treated seriously and confidentially. The formal procedure has three stages after the<br />

informal stage and is the mechanism employees use to complain about any acts of<br />

harassment, bullying or victimisation.<br />

This is consistent with the procedure applied to the Equality of Opportunity Policy<br />

which deals specifically with access to employment opportunities.<br />

Informal stage<br />

If you want to complain about harassment, bullying or victimisation, consider<br />

raising the matter directly with the person concerned in order to resolve the problem<br />

informally. Sometimes the person may not even be aware that their behaviour is<br />

having a negative impact. An informal chat may be all that is needed to put things<br />

right. You may need to explain why you feel the behaviour, comments or actions<br />

are unacceptable. And you may wish to keep a note of what was said and done at<br />

this time.<br />

If it is not appropriate to resolve the matter informally, speak to your line<br />

manager or the HR Helpline. If you feel unable to discuss the matter with your<br />

line manager then you should contact the HR Helpline in the first instance.<br />

You will have a discussion with a HR colleague and then will be asked to choose<br />

one of the following:<br />

• agree that no further action is necessary;<br />

• agree to discuss the complaint with the employee who is alleged to have<br />

caused offence;<br />

• ask your line manager and/or a member of the HR Division to help to resolve the<br />

matter through informal and/or discreet approaches; or<br />

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• make a formal written complaint to your line manager or the<br />

<strong>Employee</strong> Relations Manager.<br />

If you are not satisfied with an informal approach, you can make a formal complaint<br />

at any stage.<br />

Formal stage<br />

Sometimes you may not be able to resolve your complaint informally. In this case<br />

you need to formalise your complaint by putting it in writing, and signing and dating<br />

your letter. You should write a new letter to trigger each stage of the process.<br />

Stage 1 – will be heard by your Head of Department or, if you do not have one, your<br />

Director. They will consider and respond to your complaint in writing, normally<br />

within 20 working days of receiving your letter.<br />

If you do not feel it is appropriate for your complaint to be heard within your<br />

Division, or you feel that your complaint has not been appropriately dealt with, you<br />

may go to Stage 2.<br />

Stage 2 – will be heard by the <strong>FSA</strong>'s Equal Opportunities Officer or their nominated<br />

representative. You should submit your letter within ten working days of receiving<br />

the outcome from Stage 1. A meeting will then be held with you to discuss your<br />

grievance. You will be told the result of your complaint in writing within 20 working<br />

days of them receiving your letter. If you do not feel your complaint has been<br />

appropriately dealt with, you may go to Stage 3.<br />

Stage 3 – will be heard by the HR Director. You should submit your appeal within<br />

ten working days of receiving the outcome of Stage 2. A meeting will then be held<br />

with you to discuss your appeal. You will find out the result of your complaint within<br />

20 working days of them receiving your letter. This decision will be final.<br />

Investigation<br />

The <strong>FSA</strong> will investigate the allegations carefully and as discreetly as possible.<br />

Where possible, those conducting the investigation will not be directly involved in<br />

the allegation, and the extent of any investigation will depend on the particular<br />

circumstances of the case.<br />

You can expect detailed accounts to be taken from all relevant parties, including<br />

witnesses. Other employees may be asked to provide information. Documents, emails<br />

and other evidence may be considered. Notes will be kept of any evidence collected<br />

or interviews conducted.<br />

As the person who made the complaint, you will get a full record of the outcome of<br />

the investigation and any steps taken.<br />

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Right to be accompanied<br />

You are entitled to be accompanied at formal grievance meetings by a companion,<br />

who may be a Staff Consultative Committee representative or another <strong>FSA</strong> employee<br />

of your choice who may be a friend or colleague. Please note that the fellow<br />

employee should not be a member of the HR Division. Alternatively, you may be<br />

accompanied by a Trade Union official. You may confer with your companion<br />

during the course of the meeting, and they may address the meeting, but may not<br />

answer questions on your behalf. The meeting may be postponed, at your request,<br />

and for up to five working days, if your chosen companion is not available to attend<br />

on the date set for the meeting.<br />

You must make all reasonable efforts to attend any grievance meeting. If you fail to<br />

do so, the <strong>FSA</strong> may proceed with the meeting in your absence.<br />

Timelines<br />

The timelines provided in this procedure are intended as a guideline. Although in<br />

many cases we would expect the process to operate more quickly, it may prove<br />

impossible to meet the timelines e.g. key participants in the process may not<br />

available due to holiday. Similarly, the timescales may need to be extended if the<br />

matter is especially complex and requires detailed investigation. In these<br />

circumstances you will be told the date by which you can expect a response and<br />

every effort will be made to complete the process as quickly as possible.<br />

Interactions with regulated firms, suppliers and contractors/ remit and<br />

scope of this policy<br />

The <strong>FSA</strong> will extend the remit of this policy to its dealings with regulated firms,<br />

suppliers and contractors; we will not tolerate any form of bullying, harassment or<br />

victimisation involving but not restricted to employees and contractors, suppliers or<br />

clients with whom we have contact.<br />

Any employee found to be in breach of the policy in their dealings with a third party<br />

will be subject to the <strong>FSA</strong>’s Disciplinary Procedure. If an employee believes they<br />

have been a victim of bullying or harassment by a third party they should inform<br />

their line manager in the first instance – the <strong>FSA</strong> will conduct an investigation and<br />

any necessary actions will be taken against the third party.<br />

Ownership and updates<br />

This is the <strong>FSA</strong>'s Dignity at Work Policy as at October 2010.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>'s Staff Consultative Committee.<br />

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We will monitor this policy regularly and review it at least annually, amending it to<br />

reflect any changes to the law.<br />

We will monitor the ethnic origin, age, gender and disabilities of applicants for jobs<br />

(including promotions) and review the Equality of Opportunity Policy according to<br />

the results of the review. All such information provided by job applicants and<br />

employees will only be used only for the purposes of monitoring and will be treated<br />

in line with the provisions of the Data Protection Act 1998. Interviewers will not see<br />

this information.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– we will publish any changes on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this procedure<br />

This procedure does not form part of your contract of employment.<br />

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Diversity & Inclusion Policy<br />

At the <strong>FSA</strong> we do not tolerate any form of discrimination and we strive to eliminate<br />

intolerance. But, in addition, we wish to create an environment that promotes and<br />

celebrates the differences which make us who we are and collectively contribute to<br />

the richness and variety of our workforce.<br />

Diversity at the <strong>FSA</strong> is about recognising everyone’s contributions, ensuring that our<br />

policies, practices and procedures are inclusive and extend to all, and that we<br />

embrace the individual contributions which collectively enable the <strong>FSA</strong> to deliver its<br />

business model.<br />

We believe that creating a more diverse workforce in which everyone feels valued is<br />

in everyone’s best interests and will make the <strong>FSA</strong> an even better place to work and<br />

to contribute to.<br />

Diversity & Inclusion at the <strong>FSA</strong> is therefore not ‘just’ a policy (although it is<br />

underpinned by our Equality of Opportunity and Dignity at Work policies); rather, it<br />

is an overarching approach to the way the <strong>FSA</strong> treats its staff, regulated firms and<br />

suppliers. Diversity is a way of life at the <strong>FSA</strong>. Please also see our Single Equality<br />

Scheme.<br />

The policy<br />

We are fully committed to eliminating unlawful and unfair discrimination, and we<br />

value the differences that a diverse workforce brings to the organisation.<br />

The <strong>FSA</strong> does not discriminate and prohibits discrimination because of race,<br />

disability, gender, gender reassignment, pregnancy and maternity, religion or belief,<br />

marriage or civil partnership, sexual orientation or age or any other unlawful reason.<br />

We strive to create a meritocratic environment where contribution, openness, and<br />

fairness are valued.<br />

Our approach to embedding our Diversity Strategy is to develop an action plan<br />

underpinned by the Equality of Opportunity and Dignity at Work Policies to ensure<br />

we take a serious and consistent stance while identifying and dealing with breaches<br />

to our guidelines.<br />

All employees of the <strong>FSA</strong> are responsible for adhering to and promoting these<br />

policies. Behaviours, actions or words which fall short of the standards expected and<br />

set out will not be tolerated and will be dealt with under the Disciplinary Procedure.<br />

Objectives relating to fair and inclusive practices will be included in all employees’<br />

performance indicators and will form an integral part of ongoing performance<br />

discussions throughout the year.<br />

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This policy covers interactions with, and by, all employees, regulated firms, suppliers<br />

and contractors, whether permanent or temporary. The policy also applies to all other<br />

employment and training policies and protocols and extends to all our dealings with<br />

clients and firms. Decisions relating to and affecting firms or contractors will be<br />

based on business criteria only and any irrelevant information will not form part of<br />

the process.<br />

We will review the policy at least annually to reflect changes in the law,<br />

demographics and business needs. And we will present a full annual Diversity and<br />

Inclusion Report via the Executive Diversity Committee to the Board, setting out<br />

progress against our baseline measures.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will:<br />

• ensure that all employees have objectives relating to fair and inclusive practices;<br />

• extend the remit of the policy to include our dealings with all third parties<br />

connected to the <strong>FSA</strong>;<br />

• address any incidents relating to transgressions of this policy quickly and will<br />

take any appropriate action using our Disciplinary Procedure; and<br />

• set baseline measures to demonstrate to our key stakeholders that we are serious<br />

about achieving a meritocratic working environment.<br />

What the <strong>FSA</strong> expects of you<br />

You must:<br />

• understand the importance of valuing and respecting the contributions made by a<br />

wide range of different people and to disregard irrelevant factors such as age,<br />

background, nationality, gender, race, sexual orientation, or religion;<br />

• challenge any behaviours which you identify as being, or potentially<br />

being, discriminatory;<br />

• ensure that you and your line manager include some positive steps to promote<br />

tolerance and inclusiveness at the <strong>FSA</strong>;<br />

• seek recourse via the appropriate Policy if you have experienced any form<br />

of discrimination.<br />

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Links to related topics<br />

Please refer to the Equality of Opportunity Policy, Dignity at Work Policy and<br />

Community Affairs Strategy.<br />

What is the difference between Diversity, Equality of Opportunity and<br />

Dignity at Work?<br />

Our Diversity Strategy sets out our overall approach and is brought to life through a<br />

coordinated action plan of activities to ensure the demographics of our workforce are<br />

such that we have the most appropriate talent to deliver our business plan, regardless<br />

of age, gender, disability, race, religion or sexual orientation. This extends to our<br />

Community Affairs programme which ensures that all employees can incorporate<br />

diversity-linked objectives into their own development plan and we can monitor and<br />

measure the success of our interventions to report improvements on baseline data.<br />

The Equality of Opportunity Policy ensures that processes and procedures are<br />

inclusive and there are appropriate sanctions in place to address breaches relating to<br />

fair treatment or discrimination. Finally, Dignity at Work provides a framework to<br />

ensure that the working environment is free from bullying, harassment or<br />

victimisation and encourages a culture of openness, trust and respect. Also see the<br />

<strong>FSA</strong>’s Single Equality Scheme.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Diversity and Inclusion Policy as at October 2010.<br />

The policy is owned by the Executive Diversity Committee and has been developed<br />

in conjunction with the <strong>FSA</strong>'s Staff Consultative Committee.<br />

We will monitor this policy regularly and review it at least annually, amending it to<br />

reflect any changes to the law.<br />

We will monitor the ethnic origin, age, gender and disabilities of applicants for jobs<br />

(including promotions) and review the Diversity and Inclusion Policy according to<br />

the results of the review. All such information provided by job applicants and<br />

employees will only be used only for the purposes of monitoring and will be treated<br />

in line with the provisions of the Data Protection Act 1998.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– we will publish any changes on the intranet.<br />

Contractual status of this procedure<br />

This procedure does not form part of your contract of employment.<br />

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Equality of Opportunity Policy<br />

Equality of Opportunity<br />

The <strong>FSA</strong> is committed to ensuring all staff – whether temporary or permanent, full<br />

time or part time, and regardless of race, disability, gender, gender reassignment,<br />

pregnancy and maternity, religion or belief, marriage or civil partnership, sexual<br />

orientation or age (protected characteristics for the purposes of the Equality Act<br />

2010) or any other unlawful reason – are treated fairly and are offered access to<br />

opportunities on an equitable basis. The <strong>FSA</strong> is committed to avoiding unlawful<br />

discrimination and will not tolerate harassment, victimisation or discrimination. This<br />

policy is extended to all third-party contact with suppliers and clients.<br />

The remit of this policy extends to – but is not limited to – recruitment, training,<br />

rewards, benefits, promotion and development.<br />

This policy sits alongside and is complemented by the Dignity at Work Policy which<br />

deals specifically with bullying, harassment and victimisation. Also see the <strong>FSA</strong>’s<br />

Single Equality Scheme.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will:<br />

• provide equal opportunity training to all managers and others who are likely to be<br />

involved in recruitment, promotions or pay discussions or involved in other<br />

decisions where equal opportunity issues are likely to arise;<br />

• make available to all employees, and others engaged in work at the <strong>FSA</strong>, training<br />

to help them to understand their rights and obligations under the Dignity at Work<br />

Policy and what they can do to create a respectful working environment, free of<br />

bullying and harassment;<br />

• provide additional coaching to enable managers to deal more effectively with<br />

complaints of bullying and harassment;<br />

• make available to all employees, training to ensure awareness of how to<br />

avoid discrimination;<br />

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• treat all complaints made under this policy seriously, and in the strictest<br />

confidence and will work with the complainant to resolve the matter (we will<br />

not treat you any differently if you raise a grievance, even if the outcome does<br />

not uphold your complaint, unless your complaint was untrue or made in bad<br />

faith); and<br />

• support you (unless this becomes inappropriate) if you are accused of<br />

breaching the policy but have followed all correct processes and undergone<br />

appropriate training.<br />

What the <strong>FSA</strong> expects of you<br />

You must:<br />

• make sure that you attend and apply the relevant training for your role, e.g. if you<br />

are a manager, you should look to attend the manager training modules for<br />

equality of opportunity, or if you will be involved in recruitment you must attend<br />

recruitment skills training which covers this policy;<br />

• try to resolve any issues informally; if this is not possible then you should put<br />

your complaint in writing and follow the procedure set out in this policy; and<br />

• keep the detail of any complaint confidential.<br />

The policy<br />

Equality of opportunity at work<br />

The <strong>FSA</strong> will strive to avoid unlawful discrimination in all aspects of employment –<br />

including recruitment, training, promotion, pay, benefits and reward – by dismissing<br />

or subjecting to other detriment.<br />

All the positions we advertise will seek qualified candidates who possess the<br />

necessary skills for that role. We will assess candidates for employment or promotion<br />

objectively against the necessary requirements of the job, taking account of any<br />

reasonable adjustments that may need to be made for disabled candidates.<br />

We will make all attempts to avoid any potential for indirect discrimination in<br />

employment practices, including the number of hours to be worked, the times at<br />

which these are to be worked, and the place where the work is carried out, when<br />

considering requests for variations to these standard working practices. We will<br />

refuse such requests only if there are good reasons related to the needs of the<br />

business. And we will make reasonable adjustments to its standard working practices<br />

to overcome barriers created by disability.<br />

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The <strong>FSA</strong> monitors the ethnic origin, age and gender composition of applicants for<br />

jobs and the number of people with disabilities in this group and regularly reviews to<br />

see whether there are underlying issues which need to be addressed.<br />

Complaints covered by this policy<br />

The procedure within this policy should be used for complaints relating to<br />

discrimination, unequal treatment or lack of access to opportunities in relation to<br />

all aspects of employment because of a protected characteristic:<br />

• race: including colour, nationality, ethnic or national origins;<br />

• sex, marital status, civil partner or gender reassignment;<br />

• pregnancy or maternity;<br />

• disability of any kind;<br />

• religion or belief;<br />

• sexual orientation;<br />

• age; and<br />

• trade union or Staff Consultative Committee membership.<br />

Types of unlawful discrimination<br />

Direct discrimination occurs when a person is treated less favourably than another<br />

in comparable circumstances because of a protected characteristic they have or are<br />

thought to have (see “perceived discrimination” below), or because they associate<br />

with someone who has a protected characteristic (see “associative discrimination”).<br />

An example would be a manager refusing to employ a woman because she was<br />

pregnant.<br />

Indirect discrimination occurs when a procedure or practice unjustifiably places a<br />

group of employees at a disadvantage because of a protected characteristic. An<br />

example of indirect sex discrimination could be requiring everyone to work full time<br />

unless there is a good reason, unrelated to sex, why the particular job has to be done<br />

on a full-time basis (because requiring everyone to work full-time would normally<br />

adversely affect a higher proportion of women than men).<br />

Associative discrimination<br />

This is direct discrimination against someone because they associate with someone<br />

who has a protected characteristic. An example could be an employee who is<br />

discriminated against because of action she needs to take to care for a disabled<br />

relative.<br />

Perceived discrimination<br />

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This is direct discrimination against someone because others think they have a<br />

protected characteristic.<br />

Failure to make reasonable adjustments occurs when working arrangements<br />

disadvantage an individual because of a disability and reasonable adjustments are<br />

not made to overcome the disadvantage.<br />

Legal aspects<br />

• It is unlawful to discriminate directly or indirectly in recruitment because of race,<br />

disability, gender, gender reassignment, pregnancy and maternity, religion or<br />

belief, marriage or civil partnership, sexual orientation or age (protected<br />

characteristics for the purposes of the Equality Act 2010).<br />

• It is unlawful to treat someone less favourably because of disability or to fail to<br />

make reasonable adjustments to overcome barriers to or in employment caused<br />

by disability. The duty to make reasonable adjustments includes removing,<br />

adapting or altering physical features, if these features make it impossible or<br />

unreasonable difficult for disabled people to make use of services. It could also<br />

include changes to a job role or working hours to accommodate a disabled<br />

employee.<br />

• It is unlawful to victimise someone because they have alleged unlawful<br />

discrimination, instigated an investigation under this policy, issued discrimination<br />

proceedings, or supported someone else who has made a complaint or given<br />

evidence in relation to a complaint or proceedings.<br />

• Discrimination after someone has left the organisation may also be unlawful e.g.<br />

by refusing to provide a reference, or the form that the reference is given.<br />

• It is unlawful to discriminate directly or indirectly in the provision of goods and<br />

services on the grounds mentioned above.<br />

• <strong>Employee</strong>s can be held personally liable as well as, or instead of, the <strong>FSA</strong> for any<br />

act of unlawful discrimination. <strong>Employee</strong>s who commit serious acts of<br />

harassment could be charged with a criminal offence.<br />

Training<br />

The <strong>FSA</strong> will provide training in equal opportunities to those involved in recruitment<br />

or other decision making where equal opportunities issues are likely to arise.<br />

We will provide training to all existing and new employees and others engaged<br />

in work at the <strong>FSA</strong> to help them understand their rights and responsibilities under<br />

this policy.<br />

The <strong>FSA</strong> will support managers who need to deal with complaints raised under<br />

this procedure.<br />

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Consequences of breaching this policy<br />

Acts of discrimination against employees, suppliers, contractors or clients are<br />

disciplinary offences and will be dealt with under the <strong>FSA</strong>’s Disciplinary Procedure.<br />

Discrimination may constitute gross misconduct and could lead to dismissal without<br />

notice or pay in lieu of notice.<br />

Summary of the procedure<br />

We aim to resolve any complaints as quickly as possible. All complaints will be<br />

treated seriously and confidentially. The formal procedure has three stages after<br />

the informal stage and is the mechanism to be used for complaining about any acts<br />

of discrimination.<br />

This is consistent with the procedure applied to the Dignity at Work Policy which<br />

deals specifically with harassment, bullying and victimisation.<br />

Informal stage<br />

If you want to raise a complaint about discrimination, you should consider whether<br />

it is appropriate to raise the matter directly with the person concerned in order to<br />

resolve the problem informally. If it is not appropriate, you should speak to your line<br />

manager. If you feel unable to discuss the matter with your line manager then you<br />

should contact the HR Helpline in the first instance.<br />

You will have a discussion with a colleague in HR, following which, you will be<br />

asked to choose one of the following options:<br />

• agree that no further action is necessary;<br />

• agree to discuss the complaint with the employee who is alleged to have<br />

caused offence;<br />

• ask your line manager and/or a member of the HR Division to help to resolve the<br />

matter through informal and/or discreet approaches; or<br />

• make a formal written complaint to your line manager or the <strong>Employee</strong> Relations<br />

Manager.<br />

If you are not satisfied with an informal approach, you can make a formal complaint<br />

at any stage.<br />

Formal stage<br />

Sometimes you may not be able to resolve your complaint informally. In this case<br />

you need to formalise your complaint by putting it in writing, and signing and dating<br />

your letter. You should write a new letter to trigger each stage of the process.<br />

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Stage 1 - will be heard by your Head of Department or, if you do not have one, your<br />

Director. They will consider and respond to your complaint in writing, normally<br />

within 20 working days of receiving your letter. If you do not feel that it is<br />

appropriate for your complaint to be heard within your Division, or you feel that your<br />

complaint has not been appropriately dealt with you may go to Stage 2.<br />

Stage 2 - will be heard by the <strong>FSA</strong>'s Equal Opportunities Officer or their nominated<br />

representative. You should submit your letter within ten working days of receiving<br />

the outcome from Stage 1. A meeting will then be held with you to discuss your<br />

grievance. You will be told the result of your complaint in writing within 20 working<br />

days of them receiving your letter. If you do not feel that your complaint has been<br />

appropriately dealt with you may go to Stage 3.<br />

Stage 3 - will be heard by the HR Director. You should submit your appeal within<br />

ten working days of receiving the outcome of Stage 2. A meeting will be held with<br />

you to discuss your appeal. You will find out the result of your complaint within 20<br />

working days of them receiving your letter. This decision will be final.<br />

Investigation<br />

We will investigate the allegations carefully and as discreetly as possible. Where<br />

possible, those conducting the investigation will not be directly involved in the<br />

allegation, and the extent of any investigation will depend on the particular<br />

circumstances of the case.<br />

You can expect detailed accounts to be taken from all relevant parties, including<br />

witnesses. Other employees may be asked to provide information. Documents, emails<br />

and other evidence may be considered. Notes will be kept of any evidence collected<br />

or interviews conducted.<br />

You will get a full record of the outcome of the investigation and any steps taken.<br />

Right to be accompanied<br />

You are entitled to be accompanied at formal grievance meetings by a companion,<br />

who may be a Staff Consultative Committee representative or another <strong>FSA</strong> employee<br />

of your choice who may be a friend or colleague. Please note that the fellow<br />

employee should not be a member of the HR Division. Alternatively, you may be<br />

accompanied by a Trade Union official. You may confer with your companion<br />

during the course of the meeting, and they may address the meeting, but may not<br />

answer questions on your behalf. The meeting may be postponed, at your request,<br />

and for up to five working days, if your chosen companion is not available to attend<br />

on the date set for the meeting.<br />

You must make all reasonable efforts to attend any grievance meeting. If you fail to<br />

do so, the <strong>FSA</strong> may proceed with the meeting in your absence.<br />

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Timelines<br />

The timelines provided in this procedure are intended as a guideline. Although in<br />

many cases we would expect the process to operate more quickly, it may prove<br />

impossible to meet the timelines e.g. if key participants in the process are not<br />

available due to holiday. Similarly, the timescales may need to be extended if the<br />

matter is especially complex and requires detailed investigation. In these<br />

circumstances you will be told the date by which you can expect a response and<br />

every effort will be made to complete the process as quickly as is possible.<br />

Frequently asked questions<br />

Am I protected if I make a complaint, act as a witness or accompany a complainant<br />

to a hearing?<br />

Yes. Any acts of retaliation or intimidation against an employee will be treated as a<br />

disciplinary offence. Having said this, an employee who maliciously makes an<br />

unfounded complaint could be subject to disciplinary action.<br />

Where can I get further support?<br />

We provide an <strong>Employee</strong> Assistance Programme. This is a confidential, external<br />

counselling service provided by First Assist. You can contact them on the freephone<br />

number 0800 716 071 and on the First Assist website.<br />

What will happen if a formal complaint about a person is upheld?<br />

Where a formal investigation has been conducted and where it has been reasonably<br />

concluded that some form of discrimination may have taken place, those responsible<br />

will be subject to our normal Disciplinary Procedure. Action will not normally be<br />

initiated without the agreement of the employee raising the complaint but there are<br />

some circumstances where the <strong>FSA</strong> may need to pursue the matter formally. For<br />

example, if other people could be at risk if no action is taken.<br />

The outcome of the Disciplinary Procedure will depend upon the circumstances.<br />

Serious acts of discrimination will be regarded as gross misconduct and may lead to<br />

dismissal without notice or pay in lieu of notice. Consideration may be given to<br />

redeploying either the discriminator/harasser or the complainant. If redeployment is<br />

considered, the wishes of the complainant will normally come first and the<br />

complainant will not usually be redeployed if they do not want to be.<br />

What should I do if I have a complaint about a customer, supplier or other people not<br />

employed by the <strong>FSA</strong>?<br />

<strong>Employee</strong>s should report any bullying or harassment by customers, suppliers, visitors<br />

or others to their line manager who will take appropriate action. See the Dignity at<br />

Work Policy.<br />

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What should I do if I have any special requirements relating to equal opportunities?<br />

We understand that people’s needs at work are different and that some employees<br />

may have special requirements. For example, employees of a particular religion may<br />

need somewhere quiet to pray during their lunch break, need to take holiday on a<br />

particular day for a religious event, or need somewhere to store specially prepared<br />

foods. Alternatively you may have a disability and may feel that you need to have<br />

changes made to your workplace to help you do your job.<br />

We will accommodate your requirements where it is possible and practical, but we<br />

cannot do so unless you let us know. Where you need particular time off, or are<br />

requesting a temporary change to your working hours, your line manager is more<br />

likely to be able accommodate this if you let them know well in advance.<br />

If you have any special requirements, you should discuss these with your line<br />

manager. They will seek advice, if they need it, from the HR Helpline. If you feel<br />

unable to discuss your request with your line manager, you can raise it directly with<br />

the HR Helpline.<br />

What should I do if I have a complaint not covered by this procedure?<br />

Complaints about harassment and bullying should be raised in accordance with the<br />

procedure in our Dignity at Work Policy.<br />

You should raise general work concerns such as complaints about your work,<br />

working conditions, pay and benefits, working hours and working relationships in<br />

line with our Grievance Procedure.<br />

You should use our Whistleblowing Policy in order to report any suspected<br />

malpractice within the <strong>FSA</strong>.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Equality of Opportunity Policy as at October 2010.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>'s Staff Consultative Committee.<br />

We will monitor this policy regularly and review it at least annually, amending it to<br />

reflect any changes to the law.<br />

We will monitor the ethnic origin, age, gender and disabilities of applicants for jobs<br />

(including promotions), position in salary range, pay awards, take up of training,<br />

discipline and grievance cases and review the Equality of Opportunity Policy<br />

according to the results of the review. We will use all such information provided by<br />

job applicants and employees only for the purposes of monitoring and will be treated<br />

in line with the provisions of the Data Protection Act 1998. Interviewers will not see<br />

this information.<br />

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The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– we will publish any changes on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this procedure<br />

This procedure does not form part of your contract of employment.<br />

Interactions with regulated firms, suppliers and contractors<br />

The <strong>FSA</strong> will extend the remit of this policy to its dealings with regulated firms,<br />

suppliers and contractors; we will not discriminate unlawfully against any third<br />

parties with whom we have contact.<br />

Any employee found to be in breach of the policy in their dealings with a third party<br />

will be subject to the <strong>FSA</strong>’s Disciplinary Procedure.<br />

Links to related sites / other policies<br />

The <strong>FSA</strong> has a separate Dignity at Work Policy dealing with issues of bullying,<br />

victimisation or harassment and how complaints will be dealt with.<br />

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4 Family Leave<br />

Adoption Policy<br />

Statement of purpose and intent<br />

The <strong>FSA</strong>’s Adoption Policy incorporates statutory requirements on adoption rights<br />

and, in a number of areas, offers more generous provisions than required by law, so<br />

that we can support our employees who take adoption leave.<br />

The <strong>FSA</strong>’s policy on adoption leave is split into two parts:<br />

• Adoption leave and pay for individuals who adopt; or the 'main adoptive parent'<br />

in a couple where a couple adopt jointly. You may decide with your partner who<br />

takes main adoption leave.<br />

• Paternity adoption leave for the 'supporting parent' i.e. the partner of an<br />

individual who adopts or the other member of a couple who adopt jointly.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• When returning from Ordinary Adoption Leave (OAL) you will generally be<br />

entitled to return to the same job on the same terms and conditions as if you had<br />

not been absent.<br />

• When returning from Additional Adoption Leave (AAL) we will endeavour to<br />

return you to the same job unless this is not reasonably practicable, in which case<br />

you will, if practicable, be offered suitable and appropriate alternative work on<br />

comparable terms and conditions.<br />

• We will provide you with enhanced adoption pay and a return-to-work bonus<br />

where applicable and you are eligible (see below).<br />

What the <strong>FSA</strong> expects from you<br />

You must:<br />

• Comply with all of the eligibility and notification requirements detailed in this<br />

policy (N.B these are statutory);<br />

• Make a flexible working request in good time if you want to vary your working<br />

pattern on your return to work;<br />

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• Use up your core and bank holiday entitlement before you start adoption leave or<br />

at the end of your leave period (where possible in the same holiday year) before<br />

returning to work;<br />

• Give the relevant notice as stated in your contract if you decide not to return<br />

to work;<br />

• Repay in full any enhanced adoption payments, e.g. return-to-work bonus, if you<br />

do not return to work after your adoption leave; if you leave within three months<br />

of your return to work following your adoption leave; or if you leave after a<br />

period of career or parental leave that immediately follows your adoption leave.<br />

The policy<br />

Definitions<br />

• “Expected week of placement” (UK adoptions) – the week that the child is<br />

anticipated to be placed for adoption with you and your partner;<br />

• Matching certificate (UK adoptions) – confirms that the named person(s) has<br />

been matched with a child for adoption; and<br />

• Official notification (overseas adoptions) – a certificate issued by, or on behalf<br />

of, the relevant domestic authority (usually the Department for Education), that<br />

confirms that the adopter has been approved as being a suitable adoptive parent.<br />

Eligibility<br />

To qualify for adoption leave, you must:<br />

• be our employee;<br />

• be newly matched with a child for adoption by an approved adoption agency (UK<br />

adoptions) / have received official notification from the relevant UK authority of<br />

your eligibility to adopt a child (overseas adoptions);<br />

• have notified the adoption agency that you agree the child should be placed with<br />

you for adoption and of the date of placement (UK adoptions);<br />

• have been continuously employed by the <strong>FSA</strong> for at least 26 weeks by the end of<br />

the week in which you are notified of being matched with a child for adoption<br />

(UK adoptions) / by the time you have received official notification or your<br />

adoption leave is due to start, whichever is later (overseas adoptions); and<br />

• provide a matching certificate of evidence of your entitlement to adoption leave<br />

(UK adoptions) / a copy of the official notification (overseas adoptions).<br />

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You will not be eligible for adoption leave and pay if your child is not newly<br />

matched for adoption, for example, if you are a step-parent adopting your<br />

partner’s children.<br />

Notification requirements<br />

In order to be entitled to take adoption leave you are required to give us written<br />

notification within 7 days of being notified by your adoption agency that you have<br />

been matched with a child for adoption, or as soon as reasonably practicable after<br />

that. The written notification to the HR Helpline should give the dates:<br />

• you were notified of being matched with a child;<br />

• the child is expected to be placed with you; and<br />

• when you want your adoption leave to start (see below, “Starting adoption<br />

leave”).<br />

At the same time you must provide a copy of your matching certificate (UK<br />

adoptions) / a copy of the official notification (overseas adoptions).<br />

If you wish to claim Statutory Adoption Pay (SAP), you must also give the HR<br />

Helpline written notice of your wish to claim SAP – you can get a form for this from<br />

the HR Helpline and you must provide notice for SAP at least 28 days before you<br />

want your SAP to start.<br />

We will acknowledge receiving your notice within 28 days and confirm the start date<br />

of your adoption leave and your expected return date based on if you take your full<br />

entitlement of adoption leave.<br />

Length of adoption leave<br />

Provided you meet the eligibility conditions and comply with the notice requirements<br />

below, you can take up to 26 weeks’ Ordinary Adoption Leave (OAL) and a further<br />

26 weeks’ Additional Adoption Leave (AAL). AAL leave begins the day after the<br />

last day of your OAL.<br />

Starting adoption leave<br />

Adoption leave can start on any day of the week. You can choose to begin your<br />

adoption leave:<br />

• UK adoptions - from the first day the child is placed with you for adoption,<br />

whether this is earlier or later than expected; or from a fixed date, which can be<br />

up to 14 days before the expected date of placement;<br />

• Overseas adoptions - from the date the child enters the UK or a fixed date that is<br />

no later than 28 days after the child enters the UK.<br />

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You will be entitled to only one period of leave irrespective of whether more than<br />

one child is placed for adoption as part of the same arrangement.<br />

If your child’s placement ends during the adoption leave period, you will be able to<br />

continue adoption leave for up to 8 weeks after the end of the placement.<br />

Change in Adoption Leave and Statutory Adoption Pay (SAP) date<br />

You will be able to change your mind about the date you want your adoption leave<br />

and SAP to start, provided you give your line manager and the HR Helpline at least<br />

28 days’ written notice. If it is not possible for you to give notice in time, you must<br />

give notice as soon as is reasonably practicable or, if this is not possible, as soon as is<br />

reasonably practicable.<br />

Statutory Adoption Pay (SAP)<br />

During your adoption leave, you may be entitled to receive Statutory Adoption Pay<br />

(SAP). To qualify for SAP you must:<br />

• be our employee;<br />

• have at least 26 weeks service by: the end of the week in which you are notified<br />

of being matched with a child for adoption (UK adoptions) / by the later of the<br />

week you receive official notification or when you want SAP to begin (overseas<br />

adoptions);<br />

• have average weekly earnings of not less than the lower earnings limit for the<br />

payment of National Insurance Contributions (NIC);<br />

• have given the <strong>FSA</strong> the required notice of adoption leave and provided the <strong>FSA</strong><br />

with a matching certificate (UK adoptions) / a copy of the official notification<br />

(overseas adoptions);<br />

• be on adoption leave; and<br />

• have elected in writing to receive SAP (a form for this purpose is available from<br />

the HR Helpline).<br />

You will not be eligible for SAP where:<br />

• you have elected to receive Statutory Paternity Pay (SPP); or<br />

• your child is, or expected to be, placed for adoption with you, and your partner<br />

has elected to receive SAP; or<br />

• you are receiving Statutory Sick Pay.<br />

SAP is payable for a maximum of 39 weeks and is only payable if you are absent<br />

from work on adoption leave. This consists of 26 weeks Ordinary Adoption Leave<br />

and 13 weeks Additional Adoption Leave. You can elect your SAP to start:<br />

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• on the date on which your child is placed with you for adoption or, if you are at<br />

work on that date, on the following day; or on a predetermined date chosen by<br />

you which is no earlier than 14 days before you are due to be matched with a<br />

child and no later than that date (UK adoptions);<br />

• on the date the child enters the UK or a fixed date, no later than 28 days after the<br />

child enters the UK (overseas adoptions).<br />

However, in any case it will begin no earlier than 28 days after you have given notice<br />

of your claim for SAP.<br />

The rate of SAP is the same as the standard rate of Statutory Maternity Pay (SMP) –<br />

see the HMRC website for current rates. SAP is payable for 39 weeks at the flat rate<br />

set down by statute or 90% of your average weekly earnings if this is lower.<br />

SAP will be paid into your bank account on the same date that your adjusted salary<br />

would have been payable and will be subject to deductions for tax and national<br />

insurance in the usual way.<br />

If you do not qualify for SAP you may be entitled to financial support from your<br />

local authority. The HR Helpline will give you the information you need to make<br />

a claim.<br />

Please note that you cannot receive both your SAP and basic pay within the same<br />

week. Therefore, if you return to work part-way through a week before the end of the<br />

39 week SAP period, you will lose your SAP entitlement for that week. SAP is<br />

calculated in weekly instalments; however the start of the week can vary depending<br />

on the commencement date of your adoption leave.<br />

If you do decide to return “mid-week” before the end of your 39 week SAP period,<br />

you could use one of more of your 10 KIT days (see below), to avoid losing SAP as<br />

noted above.<br />

Pay, benefits and contract of employment<br />

For the first 12 weeks of Ordinary Adoption Leave (subject to all the requirements<br />

set up above), your adoption pay will be enhanced to 100% pay.<br />

While you are on adoption leave i.e. ordinary and additional, providing you have<br />

given the required notice as detailed above, the following applies:<br />

• All contractual benefits which you were receiving immediately before you began<br />

your adoption leave (as set out in your most recent Remuneration Statement) will<br />

continue with the exception of remuneration (i.e. wages or salary and any<br />

contractual allowances) (see sections on SAP and <strong>FSA</strong> enhanced payments);<br />

Holiday entitlement will continue to accrue (see the holiday FAQs on Connect+).<br />

You should use up your core holiday and bank holiday entitlement before you start<br />

OAL or at the end of your leave period (where possible in the same holiday year)<br />

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efore returning to work, i.e. tack your holiday onto the end of OAL or AAL. If you<br />

cannot take it at that time you can choose from the following options:<br />

1. Any outstanding holiday for the year which you cannot take before adoption<br />

leave starts must be taken within 12 months of your return to work, or you<br />

will lose it; or<br />

2. Request via the HR Helpline that any accrued and untaken holiday in excess<br />

of the statutory holiday entitlement (i.e. for full-time employees this is 20 of<br />

the core days plus the normal 8 bank holidays; pro-rated for part-time<br />

employees) be bought back by the <strong>FSA</strong>. This sum will be paid at the end of<br />

your adoption leave period or any time up to the end of the holiday year in<br />

which your adoption leave ends (see the Holiday Policy - “Holiday<br />

Payments” section for details of how this will be calculated). Please note, you<br />

must make this request before the end of the holiday year in which you return<br />

from adoption leave;<br />

• We will continue to pay contributions to the <strong>FSA</strong> Pension Plan on your behalf<br />

for as long as you are being paid SAP; and<br />

You will be entitled to be considered for Pay Review during adoption leave. Any<br />

Annual Individual Incentive that you are awarded will be pro-rated by the number<br />

of working days you are absent due to taking Additional (unpaid) Adoption Leave.<br />

If you return to work after a period of adoption leave and work continuously for the<br />

<strong>FSA</strong> for 12 calendar months (other than on authorised holiday or sickness absence),<br />

the <strong>FSA</strong> will ensure that:<br />

• your pensionable service for the purposes of the <strong>FSA</strong> Pension Plan is treated as<br />

continuous service (i.e. it includes the full period of Additional Adoption Leave<br />

and not just the 26 week Ordinary Adoption Leave); and<br />

• a special employer contribution is made to the <strong>FSA</strong> Pension Plan on your behalf.<br />

This will cover the full period of Additional Adoption Leave (and not just the<br />

period when you receive SAP) at the contribution rate that applied when you<br />

went on leave.<br />

If you are unable to return to work following adoption leave due to sickness the<br />

above pension provisions will not be made until you have returned to work for a<br />

continuous period of 12 months.<br />

For both statutory and contractual purposes, continuity of employment is not broken<br />

by adoption leave. The period of adoption leave counts as a period of continuous<br />

employment for statutory and contractual purposes, except for membership of the<br />

<strong>FSA</strong> Pension Plan (subject to the provisions in the “Return-to-work bonus” section<br />

below).<br />

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Your Contract of Employment with the <strong>FSA</strong> will continue during OAL and AAL<br />

except for the terms in relation to remuneration and the arrangements described<br />

above. During your adoption leave you will not, of course, be required to work nor<br />

will the <strong>FSA</strong> be required to provide you with work, unless you are taking one of your<br />

“keeping-in-touch days” (see section below for further details).<br />

If you do not intend to return to work following adoption leave, you must give<br />

normal written notice of your resignation to the <strong>FSA</strong> in line with your contract of<br />

employment. If you fail to give notice and fail to return to work at the end of your<br />

relevant period of leave (without informing the <strong>FSA</strong> of an authorised reason for<br />

absence such as sickness), you will be treated as having resigned from the <strong>FSA</strong>. Your<br />

employment and contract will come to an end as a result of your resignation. Failure<br />

to return to work means you will not qualify for the return to work arrangements<br />

described below and will be required to repay any enhanced adoption payments made<br />

to you during your adoption absence period.<br />

Transfer of adoption leave<br />

If you propose to return to work early without using your full 52-week entitlement to<br />

adoption leave (by giving the appropriate amount of notification of your early return<br />

as set out above), you may transfer up to 26 weeks of your outstanding AAL and<br />

SAP to your spouse, civil partner or partner, provided you have returned to work.<br />

You must have at least 2 weeks’ SMP left. Once you have returned to work, this will<br />

become their Additional Paternity Leave (APL) and Additional Paternity Pay. Your<br />

partner does not have to be an <strong>FSA</strong> employee.<br />

The earliest that they can start APL is 20 weeks after the placement of your child and<br />

it must end no later than 12 months after the date of placement. A minimum of 2<br />

weeks and a maximum of 26 weeks APL can be taken, depending on the amount of<br />

leave you decide to take. Your spouse/partner’s employer may ask you to provide<br />

additional information and sign a declaration form to confirm their eligibility to take<br />

APL/APP.<br />

For further information on the <strong>FSA</strong>’s Paternity arrangement please see the Additional<br />

Paternity Leave Policy below and the Paternity Leave Policy.<br />

Contact during adoption leave<br />

Shortly before you go on adoption leave, we will discuss the arrangements for<br />

keeping in touch during that time. We reserve the right to maintain reasonable<br />

contact with you. This may be to discuss your plans to return to work, keeping-intouch<br />

days (see below) or to update you on work developments during your absence,<br />

etc.<br />

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Return-to-work bonus<br />

If you return to work with the <strong>FSA</strong> after a period of at least 12 weeks’ adoption leave<br />

(whether ordinary or additional leave), you will be entitled to receive a return-towork<br />

bonus. The bonus will be either 6 weeks’ pensionable salary (at the rate payable<br />

when your adoption leave started) or £3,300, whichever is the greater. The return-towork<br />

bonus will be subject to deductions for tax and NIC.<br />

You may elect to receive your return-to-work bonus at any time up to 3 complete<br />

calendar months after your return to work. You can choose how and when you would<br />

like to receive your return-to-work bonus as follows:<br />

• To be paid between weeks 13 to 24 of your adoption leave. This is in addition to<br />

SAP entitlement (weeks 1-39);<br />

• To be paid between weeks 40 to 51 of your adoption leave. SAP is not paid<br />

during this period;<br />

• A lump sum at any point during your adoption leave; or<br />

• In the fourth month’s salary payment after your return to work.<br />

Prior to commencing your adoption leave, you will receive an adoption bonus form<br />

from HR Transactions, allowing you to select one of the above options for receiving<br />

your payment.<br />

If you stop working for the <strong>FSA</strong> within 3 months of returning to work from adoption<br />

leave, having received your return-to-work bonus, you will be required to repay the<br />

full amount. If you have not received it at this time, such payment will be forfeited.<br />

If you take career or parental leave immediately following a period of adoption leave,<br />

and you decide to resign at the end of that period, you must pay back the return-towork<br />

bonus paid to you in full.<br />

Shared adoption/paternity leave between <strong>FSA</strong> employees and the return-to-work<br />

bonus<br />

If you and your partner are both employed by the <strong>FSA</strong> and share adoption/paternity<br />

leave, the return-to-work bonus will be paid to only one of you. Between you, you<br />

should nominate who will receive this bonus by noting this on this relevant form.<br />

‘Keeping in touch’ days (KIT)<br />

To support occasional training, or help keep in touch without losing SAP, the<br />

Government introduced 'Keeping in Touch' (KIT) days during adoption leave. These<br />

KIT days allow the <strong>FSA</strong> and you to make reasonable contact during an adoption<br />

period. In addition, if you are on adoption leave you can still work for us for up to 10<br />

days by mutual agreement without losing SAP. An example of a KIT day could be to<br />

attend a divisional away-day, training or refresher courses. It should not be used to<br />

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introduce friends and colleagues to new family members. Important points to note<br />

include the following:<br />

• You can come into the office for one hour or a whole day. This will be counted as<br />

a full day for these purposes;<br />

• The decision to take a KIT day and when that KIT day will be taken, must be<br />

made by agreement between you and the <strong>FSA</strong>;<br />

• The KIT day will not bring your adoption leave to an end;<br />

• We have no right to demand that you undertake any such KIT work and you<br />

cannot insist that you undertake such work; and<br />

• You will be paid at your normal daily rate for each KIT day worked, without<br />

losing SAP.<br />

For example, if you are absent from work on adoption leave from Monday 21 May<br />

for 39 weeks and return to work for two days a month in September, October,<br />

November, December and finally January you would not lose any SAP.<br />

Returning from adoption leave<br />

If you return to work at the end of your full adoption leave period you do not need to<br />

notify us in advance of the date of your return. Unless you notify us otherwise (see<br />

below), the date on which you return to work will be the first working day after the<br />

end of your 26 weeks’ Additional Adoption Leave.<br />

If you wish to return to work before the end of your full adoption leave period, you<br />

must give your line manager not less than 8 weeks’ advance written notice. If you fail<br />

to do so, your return to work may be postponed to a date that will ensure that the<br />

notice period is served.<br />

The job that you will be entitled to return to will be as follows:<br />

• returning after OAL – you will generally be entitled to return to the same job on<br />

the same terms and conditions as if you had not been absent;<br />

• returning after AAL – where possible, you will be entitled to return to the<br />

the same job on same terms and conditions unless this is not reasonably<br />

practicable, in which case you will be entitled to be offered suitable and<br />

appropriate alternative work on comparable terms.<br />

You may find it helpful to keep in touch with your line manager during your<br />

adoption leave. If you do not wish to return to work at all after adoption leave, you<br />

must give the <strong>FSA</strong> your normal written notice of resignation as required in your<br />

Contract of Employment.<br />

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Flexible working<br />

If you wish to vary your working pattern on return from adoption leave, you have the<br />

right to request a flexible working pattern, as explained in the Flexible Working<br />

Policy. You might (subject to the requirements of that policy) wish to mention to<br />

your line manager before you go on adoption leave that you are interested in applying<br />

to work flexibly on your return. Bear in mind that you may need to attend meetings at<br />

the office so that your request can be properly considered. If you want the changes to<br />

take effect on your return from adoption leave, you should make your application<br />

within the appropriate timescales before your return; using the appropriate<br />

application form (a hard copy of the eform is available from HR Transactions).<br />

Paternity leave and pay for adoptive parents<br />

See the Definitions section at the start of the Adoption Policy.<br />

You may be entitled to paternity leave and pay where you, your spouse/civil<br />

partner/partner or both of you adopt a child and the adopted child is matched with<br />

either of both of you. You cannot take paternity leave on top of adoption leave, but<br />

you may decide that your partner will take main adoption leave and you will take<br />

paternity leave.<br />

Eligibility for Ordinary Paternity Leave - adoption (OPL)<br />

You need to satisfy the following conditions to qualify for paternity leave. You must:<br />

• not be taking adoption leave;<br />

• have or expect to have responsibility for the child’s upbringing;<br />

• be married to or be the partner/civil partner of the child’s adopter (a person who<br />

lives with the adopter in an enduring family relationship but is not a blood<br />

relative);<br />

• have worked continuously for the <strong>FSA</strong> for 26 weeks by: the end of the week in<br />

which your partner is notified of being matched with a child for adoption (UK<br />

adoptions) / by the time your partner has received official notification (overseas<br />

adoptions), and<br />

• provide a matching certificate of evidence of your entitlement to paternity<br />

adoption leave (UK adoptions) / a copy of the official notification (overseas<br />

adoptions).<br />

Length of paternity leave (adoption)<br />

Ordinary Paternity Leave (OPL – adoption)<br />

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You are entitled to choose to take either one week or two consecutive weeks of paid<br />

OPL (not odd days). You can choose to start your leave:<br />

• from the first day the child is placed for adoption (whether this is earlier or later<br />

than expected), or from a chosen number of days or weeks after the date of the<br />

child’s placement whether this is earlier or later than expected (UK adoptions); or<br />

• from the date the child enters the UK, or from a fixed date which is later than the<br />

date the child enters the UK (overseas adoptions).<br />

Leave can start on any day of the week or following the child’s placement but must<br />

be completed within 56 days of the child’s placement. You will be entitled to only<br />

one period of leave irrespective of whether more than one child is placed together.<br />

Notification requirements before starting OPL (adoption)<br />

In order to be entitled to OPL, within at least 7 days of you or your partner being<br />

notified by the adoption agency that you have been matched with a child (UK<br />

adoptions) / 28 days after your partner receives official notification (overseas<br />

adoptions), you should submit a request for Paternity Leave via <strong>Employee</strong> Selfservice<br />

on Chrysalis of the following:<br />

• the date you or your partner were notified of being matched with a child (UK<br />

adoptions) / received official notification (overseas adoptions);<br />

• the date the child is expected to be placed with you (UK adoptions) / enters the<br />

UK (overseas adoptions);<br />

• whether you wish to take one or two weeks’ leave; and<br />

• the date you want your leave to start - see Length of paternity leave (adoption).<br />

You should, as soon as reasonably practicable, inform the HR Helpline in writing,<br />

when your child is placed for adoption / enters the UK.<br />

We will respond in writing to your notification of OPL (adoption) within 28 days, to<br />

confirm start and end dates.<br />

Change in OPL (adoption) date and early/late placement<br />

You will be able to change your mind about the date you want your OPL to start<br />

provided you give your line manager and the HR Helpline at least 28 days’ written<br />

notice of the new date or, if this is not possible, as soon as is reasonably practicable.<br />

If your child is not placed by the date you specified, you can change the date or<br />

choose to take leave from the actual date of placement or a specified number of days<br />

after the placement, provided you give at least 28 days’ written notice of the new date<br />

or, if this is not possible, as soon as is reasonably practicable.<br />

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If your child is placed before it is planned, you may not have given notice of your<br />

intention to claim OPL. In this instance you should confirm in writing as soon as is<br />

reasonably practicable.<br />

Additional Paternity Leave (APL - adoption)<br />

You may be entitled to take up to 26 weeks APL within the first year after your<br />

child’s placement provided that you satisfy all of the qualifying criteria for OPL as<br />

outlined above and the mother/adopter has returned to work before using his/her full<br />

entitlement to adoption leave. There are a number of additional conditions to APL:<br />

• the earliest that APL can start is 20 weeks after the date the child is placed (UK<br />

adoptions) /enters the UK (overseas adoptions) for adoption and it must end no<br />

later than 12 months after that date;<br />

• it must be taken in a single block in multiples of complete weeks;<br />

• the minimum period of APL is 2 weeks and the maximum is 26 weeks; and<br />

• a gap is permitted between the completion of the mother/adopter’s adoption leave<br />

and your APL, providing the above conditions are met.<br />

Notification requirements before starting APL (adoption)<br />

At least 8 weeks before you wish to take leave, you must complete the Additional<br />

Paternity Leave request form (contact the HR Helpline for a copy) which:<br />

• gives notice of the date you wish to start and end APL and ASPP (adoption);<br />

• gives notice of the date your child is expected to be placed for adoption;<br />

• confirms the date the actual date of placement;<br />

• confirms the purpose of the APL and ASPP (adoption) is to care for the child;<br />

• confirms you satisfy the eligibility conditions for APL and ASPP (adoption).<br />

The form also includes a section for the primary adopter to complete to confirm:<br />

• his/her names, address, and national insurance number;<br />

• the date he/she intends to return to work;<br />

• the date he/she has given notice to his/her employer of returning to work;<br />

• that he/she is entitled to SAP;<br />

• start date of his/her adoption leave;<br />

• confirmation that you satisfy the relationship eligibility criteria;<br />

• that he/she consents to the <strong>FSA</strong> processing the information in the form;<br />

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• that you are the only applicant for APL and/or ASPP (adoption) for that child;<br />

and<br />

• a signature from the HR department of the primary adopter’s employers.<br />

If you intend to take parental leave immediately after or before your paternity leave,<br />

we suggest that you give notice of this at the same time that you give notice for<br />

paternity leave, but at least 21 days before you intend your parental leave to start.<br />

We will respond in writing to your notification of APL within 28 days, to confirm<br />

start and end dates of APL and ASPP (adoption).<br />

Change in APL date<br />

You will be able to change your mind about the date you want your APL to start<br />

provided you give your line manager and the HR Helpline at least 6 weeks’ written<br />

notice of the new date or, if this is not possible, as soon as is reasonably practicable.<br />

Statutory Paternity Pay (ASPP - adoption) and <strong>FSA</strong> benefits<br />

For information on pay, benefits and your contract of employment during paternity<br />

leave, please refer to the <strong>FSA</strong>’s Paternity Leave Policy.<br />

Contact during paternity leave (adoption), “keeping in touch days”, and<br />

returning to work<br />

Please see the Paternity Leave Policy.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Adoption Leave Policy as at January 2012. The policy is owned by<br />

the HR Division and has been developed in conjunction with the Staff Consultative<br />

Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Maternity Policy<br />

Statement of intent and purpose<br />

The <strong>FSA</strong>’s Maternity Policy incorporates statutory requirements on maternity rights<br />

and in some areas offers more generous provisions than required by law, so we can<br />

support our employees who take maternity leave.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will:<br />

• Give you paid time off during working hours to receive antenatal care;<br />

• Ask the Occupational Health Adviser (OHA) to contact you to arrange a risk<br />

assessment to ensure your working conditions are suitable;<br />

• When returning from Ordinary Maternity Leave (OML) you will generally be<br />

entitled to return to the same job on the same terms and conditions as if you had<br />

not been absent;<br />

• When returning from Additional Maternity Leave (AML) we will endeavour to<br />

return you to the same job unless this is not reasonably practicable, in which case<br />

you will, if practicable, be offered suitable and appropriate alternative work on<br />

comparable terms and conditions; and<br />

• We will give you enhanced maternity pay and a return-to-work bonus, where<br />

applicable and you are eligible (see below).<br />

What the <strong>FSA</strong> expects from you<br />

You must:<br />

• Comply with all of the eligibility and all notification requirements detailed in<br />

this policy (N.B. these are statutory).<br />

• Make a flexible working request in good time if you want to vary your working<br />

pattern on your return to work;<br />

• Use up your core and bank holiday entitlement before you start maternity leave or<br />

at the end of your leave period (where possible in the same holiday year) before<br />

returning to work;<br />

• Give the relevant notice as stated in your contract if you decide not to return<br />

to work;<br />

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• Repay in full any enhanced maternity payments, e.g. return-to-work bonus, if you<br />

do not return to work after your maternity leave; if you leave within three months<br />

of your return to work following your maternity leave; or if you leave after a<br />

period of career or parental leave that immediately follows your maternity leave.<br />

This policy should be read alongside the <strong>FSA</strong>'s Maternity webpages.<br />

The policy<br />

Definitions<br />

The following definitions are used in this policy:<br />

• “Expected week of childbirth (EWC) means the week, starting on a Sunday,<br />

during which the midwife or doctor expects you to give birth;<br />

• “Qualifying week” means the 15 th week before the EWC; and<br />

• “MAT B1” means the certificate from the midwife or doctor with your EWC.<br />

Notification requirements<br />

On becoming pregnant, you should notify your line manager and HR Helpline as<br />

soon as possible. This is important as there are Health & Safety considerations for<br />

you and the <strong>FSA</strong>. At least 15 weeks before your EWC complete the “Confirmation of<br />

pregnancy” eform (see the <strong>FSA</strong>'s maternity webpages for details) to tell them:<br />

• that you are pregnant;<br />

• the date on which you want your maternity leave to start; and<br />

• the week in which your child is expected to be born (EWC).<br />

You can change your mind about when you want to start your leave by letting your<br />

line manager and the HR Helpline know (in writing) at least 28 days before the<br />

revised date. You may only give shorter notice if it has not been reasonably<br />

practicable for you to comply with this timeframe.<br />

If you have not already done so, you should make sure that you also enclose your<br />

signed form MAT B1. HR Transactions will acknowledge they have received your<br />

notification within 28 days and will confirm the start date of your maternity leave and<br />

the end of additional maternity leave.<br />

If you fail to do the above you may lose your rights to maternity leave, Statutory<br />

Maternity Pay (SMP) and any additional maternity related payments.<br />

Time off for antenatal care<br />

You are entitled to take reasonable paid time off during your normal working hours<br />

to receive antenatal care, irrespective of length of service. Antenatal care includes<br />

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appointments with your GP, hospital clinics and any other appointments (for example<br />

relaxation or parenting classes) made on the advice of a registered medical<br />

practitioner, doctor, nurse, midwife or health visitor. You should give your line<br />

manager as much notice as possible of the times when you will be absent from work<br />

and try to arrange the appointments as near to the start or the end of the working day<br />

as possible. Your manager may ask you to produce your appointment card before<br />

permission is granted for time off. If you work flexi-time, your absence to attend<br />

appointments will be credited to your flex hours.<br />

Health and safety<br />

HR Transactions will advise the Occupational Health Adviser (OHA) that you are<br />

pregnant. The OHA will then contact you to arrange a suitable time for a risk<br />

assessment. Once completed, a report will be sent to your line manager and the HR<br />

Helpline which may recommend that your working conditions are altered or that you<br />

are offered another more suitable job for the duration of your pregnancy. If neither of<br />

these options is possible, we reserve the right to send you home on full pay until you<br />

are no longer at risk. This may be for the remainder of your pregnancy until the start<br />

of your maternity leave.<br />

You may need a further risk assessment if you decide to work after the start of<br />

the fourth week before your child is due.<br />

Maternity leave<br />

Ordinary maternity leave (OML)<br />

You are entitled to a 26-week period of ordinary maternity leave irrespective of your<br />

length of service or the number of hours you work each week. You cannot work at<br />

any time during the two-week period immediately after the date of childbirth. This is<br />

a compulsory maternity leave period where working is prohibited.<br />

Additional maternity leave (AML)<br />

You will be entitled to additional maternity leave irrespective of your length of<br />

service or the number of hours you work each week. This entitles you to a further<br />

26 weeks’ leave, making the total maternity leave period 52 weeks. AML starts on<br />

the day after OML ends.<br />

Starting maternity leave<br />

You can start your OML at any time from the start of the 11th week before your<br />

Expected Week of Childbirth (EWC) i.e. the beginning of the week in which your<br />

baby is due. The only exceptions to this are:<br />

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• If you are absent for a pregnancy-related reason at any time after the start of the<br />

fourth week before your child is due. In this case, your maternity leave will start<br />

on the day after your first day of absence.<br />

• If your child is born before you intended to start your maternity leave. In this case<br />

your maternity leave starts on the day after your child is born. You must – as<br />

soon as reasonably practical – notify us that you have given birth and the date<br />

your baby was born.<br />

You can change the date you want to start your OML and SMP, provided you give us<br />

at least 28 days’ written notice. If it is not possible for you to give this notice in time,<br />

you must give notice as soon as reasonably practicable. You must complete a new<br />

form when you change your mind about your OML/SMP dates.<br />

Statutory maternity pay (SMP)<br />

SMP is payable for up to 39 weeks. To qualify for SMP you must:<br />

• have been continuously employed by the <strong>FSA</strong> for at least 26 weeks at the end of<br />

the qualifying week and you are still in employment at the end of that week;<br />

• have average weekly earnings of not less than the lower earnings limit for the<br />

payment of National Insurance Contributions (NIC);<br />

• still be pregnant at the 11th week before your EWC or have given birth before<br />

that date;<br />

• have stopped working wholly or partly because of pregnancy;<br />

• have given the <strong>FSA</strong> proper notice of maternity absence(see below);<br />

• have provided evidence of your EWC (your MAT B1 certificate); and<br />

• be taking maternity leave.<br />

You will get SMP whether or not you intend to return to work and you do not have to<br />

pay it back if you do not return to work for any reason. SMP is only payable if you<br />

are absent from work on maternity leave. The exact amount of the SMP that you are<br />

entitled to receive depends on your earnings and the amount of maternity leave you<br />

take. But as a general rule, you can expect to receive:<br />

• higher rate SMP for the first six weeks (equal to 90 per cent of your average<br />

weekly earnings in the qualifying period. The qualifying period is the eight-week<br />

period immediately preceding the 14th week before your EWC); and<br />

• lower rate SMP for up to 33 weeks after that – see the HMRC website for current<br />

SMP rates.<br />

Our Payroll Team will give you details of your individual entitlement. SMP will be<br />

paid into your bank account on the same date that your adjusted salary would have<br />

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een payable and will be subject to deductions for tax and national insurance<br />

contributions in the usual way. If you do not qualify for SMP you may be entitled to<br />

claim state Maternity Allowance. The HR Helpline will give you information on how<br />

to make a claim.<br />

Please note that you cannot receive both your SMP and basic pay within the same<br />

week. Therefore, if you return to work part-way through a week before the end of the<br />

39 week SMP period, you will lose your SMP entitlement for that week. SMP is<br />

calculated in weekly instalments; however the start of the week can vary depending<br />

on the commencement date of your maternity leave.<br />

If you do decide to return “mid-week” before the end of your 39 week SMP period,<br />

you could use one of more of your 10 KIT days (see below), to avoid losing SMP as<br />

noted above.<br />

As well as SMP, you may be entitled to <strong>FSA</strong> enhanced pay – see the section <strong>FSA</strong><br />

payments in addition to Statutory Maternity Pay (SMP)<br />

Pay, benefits and your contract of employment<br />

Subject to all the requirements set out above, the <strong>FSA</strong> will enhance your SMP to<br />

100% pay in the first 12 weeks of your maternity leave. See the <strong>FSA</strong>'s maternity<br />

webpages for further details.<br />

If you are on maternity leave (ordinary and/or additional), and providing<br />

you have given the required notice as detailed above, you will be entitled to<br />

the following:<br />

• All the contractual benefits which you were receiving immediately before you<br />

began your maternity leave (as set out in your most recent Remuneration<br />

Statement) will continue except remuneration (i.e. wages or salary and any<br />

contractual allowances) (see sections on SMP and <strong>FSA</strong> enhanced payments<br />

above);<br />

• Holiday entitlement will continue to accrue (see the holiday FAQs on<br />

Connect+). You should use up your core holiday and bank holiday entitlement<br />

before you start OML or at the end of your leave period (where possible in the<br />

same holiday year) before returning to work, i.e. tack your holiday onto the end<br />

of OML or AML. If you cannot take it at that time you can choose from the<br />

following options:<br />

1. Any outstanding holiday for the year which you cannot take before maternity<br />

leave starts must be taken within 12 months of your return to work, or you<br />

will lose it; or<br />

2. Request via the HR Helpline that any accrued and untaken holiday in excess<br />

of the statutory holiday entitlement (i.e. for full-time employees this is 20 of<br />

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the core days plus the normal 8 bank holidays; pro-rated for part-time<br />

employees) be bought back by the <strong>FSA</strong>. This sum will be paid at the end of<br />

your maternity leave period or any time up to the end of the holiday year in<br />

which your maternity leave ends (see the Holiday Policy - “Holiday<br />

Payments” section for details of how this will be calculated). Please note, you<br />

must make this request before the end of the holiday year in which you return<br />

from maternity leave;<br />

• We will continue to pay contributions to the <strong>FSA</strong> Pension Plan on your behalf<br />

for as long as you are being paid SMP; and<br />

• You will be entitled to be considered for Pay Review during maternity leave.<br />

Any Annual Individual Incentive that you are awarded will be pro-rated by the<br />

number of working days you are absent due to taking Additional (unpaid)<br />

Maternity Leave.<br />

In addition, if you return to work after a period of Additional Maternity Leave and<br />

work continuously for the <strong>FSA</strong> for 12 calendar months (other than on authorised<br />

holiday or sickness absence), the <strong>FSA</strong> will ensure that:<br />

• your pensionable service for the purposes of the <strong>FSA</strong> Pension Plan is treated as<br />

continuous service (i.e. it includes the full period of AML and not just the 26<br />

weeks’ OML); and<br />

• a special employer contribution is made to the <strong>FSA</strong> Pension Plan on your behalf.<br />

This will cover the full period of additional maternity absence at the contribution<br />

rate when your maternity leave began.<br />

If you are unable to return to work following maternity leave due to sickness the<br />

above pension provisions will not be made until you have returned to work for a<br />

continuous period of 12 months.<br />

For both statutory and contractual purposes, continuity of employment is not broken<br />

by OML or AML. The period of maternity leave counts as a period of continuous<br />

employment for statutory and contractual purposes, except for membership of the<br />

<strong>FSA</strong> Pension Plan (subject to the provisions in the “Return-to-work bonus” section<br />

below).<br />

Your employment with the <strong>FSA</strong> will continue during OML and AML. During this<br />

period you will not, of course, be required to work nor will the <strong>FSA</strong> be required to<br />

provide you with work, unless you are taking one of your “keeping-in-touch days”<br />

(see section below for further details).<br />

If you decide not to return to work after maternity leave, you must give the relevant<br />

notice as stated in your Contract of Employment. If you fail to give notice and fail to<br />

return to work at the end of your relevant period of leave (without informing the <strong>FSA</strong><br />

of an authorised reason for absence, such as sickness), you will be treated as having<br />

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esigned from the <strong>FSA</strong>. Your employment and contract will come to an end as a<br />

result of your resignation. Failure to return to work means you will not qualify for the<br />

return to work arrangements described below and you will be required to repay any<br />

enhanced maternity payments made to you during your maternity leave period (i.e.<br />

what you have been paid, minus SMP).<br />

Transfer of maternity leave to a partner<br />

If you propose to return to work early without using your full 52-week entitlement to<br />

maternity leave (by giving the appropriate amount of notification of your early return<br />

as set out above), you may transfer up to 26 weeks’ of your outstanding AML and<br />

SMP to your spouse, civil partner or partner, or the father of your child, provided you<br />

have returned to work. You must have at least 2 weeks’ SMP remaining. Once you<br />

have returned to work, this will become their Additional Paternity Leave (APL) and<br />

Additional Paternity Pay. Your partner does not have to be an <strong>FSA</strong> employee.<br />

The earliest that they can start APL is 20 weeks after the day your child was born and<br />

it must end no later than 12 months after the date of birth. A minimum of 2 weeks<br />

and a maximum of 26 weeks APL can be taken, depending on the amount of leave<br />

you decide to take. You spouse/partner’s employer may ask you to provide additional<br />

information and sign a declaration form to confirm their eligibility to take APL/APP.<br />

For further information on the <strong>FSA</strong>’s Paternity arrangement please see the Paternity<br />

Leave Policy.<br />

Contact during maternity leave<br />

Shortly before you go on maternity leave, we will discuss the arrangements for<br />

keeping in touch during that time. We reserve the right to maintain reasonable<br />

contact with you. This may be to discuss your plans to return to work, KIT days (see<br />

below) or to update you on work developments during your absence, etc.<br />

Return-to-work bonus<br />

If you return to work with the <strong>FSA</strong> after a period of at least 12 weeks’ maternity<br />

leave (whether OML or AML), you will be entitled to receive a return-to-work<br />

bonus. The bonus will be either six weeks’ pensionable salary (at the rate payable<br />

when your maternity leave started) or £3,300, whichever is the greater. The return-towork<br />

bonus will be subject to deductions for tax and NIC.<br />

You may elect to receive your return-to-work bonus at any time up to three complete<br />

calendar months after your return to work. You can choose how and when you would<br />

like to receive your return-to-work bonus as follows:<br />

• To be paid between weeks 13 to 24 of your maternity leave. This is in addition to<br />

SMP entitlement (weeks 1-39);<br />

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• To be paid between weeks 40 to 51 of your maternity leave. SMP is not paid<br />

during this period;<br />

• A lump sum at any point during your maternity leave; or<br />

• In the fourth month’s salary payment after your return to work.<br />

Prior to commencing your maternity leave, you will receive a maternity bonus form<br />

from HR Transactions, allowing you to select one of the above options for receiving<br />

your payment.<br />

If you stop working for the <strong>FSA</strong> within three months of returning to work from<br />

maternity leave, having received your return-to-work bonus, you will be required to<br />

repay the full amount. If you have not received it at this time, any such payment will<br />

be forfeited.<br />

If you take career leave immediately following a period of maternity leave, and you<br />

decide to resign at the end of that period, you must pay back the return-to-work<br />

bonus paid to you in full.<br />

Shared maternity/paternity leave between <strong>FSA</strong> employees and the return-to-work<br />

bonus<br />

If you and your partner are both employed by the <strong>FSA</strong> and share maternity/paternity<br />

leave, the return-to-work bonus will be paid to only one of you. Between you, you<br />

should nominate who will receive this bonus by noting this on this relevant form.<br />

‘Keeping in touch’ days (KIT)<br />

To support occasional training, or help keep in touch without losing SMP, the<br />

Government has introduced 'Keeping in Touch' (KIT) days during maternity leave.<br />

These KIT days allow the <strong>FSA</strong> and you to make reasonable contact occasionally<br />

during a maternity period. In addition, if you are on maternity leave you can still<br />

work for us for ten days by mutual agreement without losing SMP. An example of a<br />

KIT day could be to attend a divisional away-day, training or refresher courses. It<br />

should not be used to introduce friends and colleagues to new family members.<br />

Important points to note include the following:<br />

• The KIT days cannot be taken during the 2 weeks compulsory maternity leave;<br />

• You can come into the office for one hour or a whole day. This will be counted as<br />

a full day for these purposes;<br />

• The decision to take a KIT day and when that KIT day will be taken, must be<br />

made by agreement between you and the <strong>FSA</strong>;<br />

• The KIT day will not bring your maternity leave to an end;<br />

• We have no right to demand that you undertake any such KIT work and you<br />

cannot insist that you undertake such work; and<br />

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• You will be paid at your normal daily rate for each KIT day worked, without<br />

losing SMP.<br />

For example, if you are absent from work on maternity leave from Monday 21 May<br />

for 39 weeks and return to work for two days a month in September, October,<br />

November, December and finally January you would not lose any SMP.<br />

Returning from maternity leave<br />

If you return to work at the end of your full maternity leave period you do not<br />

need to notify us in advance of the date of your return. Unless you notify us<br />

otherwise (see below), the date on which you return to work will be:<br />

• the first working day after the end of your 52 weeks OML and AML; or<br />

• if you wish to return to work before the end of your maternity leave period, you<br />

must give your line manager at least 8 weeks’ advance written notice. If you fail<br />

to do so, your return to work may be postponed to a date that will ensure that the<br />

notice period is served.<br />

The job that you will be entitled to return to will be as follows:<br />

• Returning after OML – you will generally be entitled to return to the same job on<br />

the same terms and conditions as if you had not been absent.<br />

• Returning after AML – where possible, you will be entitled to return to the<br />

same job on the same terms and conditions. If this is not reasonably practicable,<br />

in which case you will be entitled to be offered suitable and appropriate<br />

alternative work on comparable terms.<br />

Breastfeeding mothers<br />

The <strong>FSA</strong> provides facilities to new mothers who are breastfeeding and need to<br />

express milk during the working day. You will be given access to the first aid room.<br />

Please contact one of the first aiders for your floor. Alternatively you can use one of<br />

the bedrooms in 25TNC. Please speak to Corporate Security to gain access to these<br />

rooms.<br />

Postponement of return to work<br />

If you are too ill to return to work at the end of your maternity leave period, the<br />

sickness absence policy and procedure will apply.<br />

Flexible working<br />

If you wish to vary your working pattern on return from maternity leave, you have<br />

the right to request a flexible working pattern, as explained in the Flexible Working<br />

Policy. You might wish to mention to your line manager before you go on maternity<br />

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leave that you are interested in applying to work flexibly on your return. Bear in<br />

mind that you may need to attend meetings at the office so that your request can be<br />

properly considered. If you want the changes to take effect on your return from<br />

maternity leave, you should make your application in good time before your return,<br />

using the appropriate application form.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Maternity Policy as at January 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

we will publish any changes on the intranet.<br />

If you have any questions on how the policy applies, please contact the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Paternity Leave Policy<br />

Statement of intent and purpose<br />

The <strong>FSA</strong>’s Paternity Leave Policy incorporates statutory requirements on paternity<br />

rights and, in a number of areas, offers more generous provisions than required by<br />

law so we can support our employees who take paternity leave.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• When returning from Ordinary Paternity Leave (OPL), you will generally be<br />

entitled to return to the same job on the same terms and conditions as if you had<br />

not been absent.<br />

• When returning from a period of Additional Paternity Leave (APL), we will<br />

endeavour to return you to the same job unless this is not reasonably practicable<br />

to do so, in which case you will, if practicable, be offered suitable and<br />

appropriate alternative work on comparable terms and conditions.<br />

• We will provide you with enhanced pay during Ordinary Paternity Leave and a<br />

return-to-work bonus where applicable and you are eligible (see below).<br />

What the <strong>FSA</strong> expects from you<br />

You must:<br />

• Raise a request for Ordinary Paternity Leave request via <strong>Employee</strong> Self-service<br />

on Chrysalis;<br />

• Comply with all the notification and eligibility requirements detailed in this<br />

policy (N.B. as these are statutory);<br />

• Make a flexible working request in good time if you want to vary your working<br />

pattern on your return to work;<br />

• Use up your core and bank holiday entitlement before you start Additional<br />

Paternity Leave or at the end of your leave period (where possible in the same<br />

holiday year) before returning to work;<br />

• Give the relevant notice as stated in your contract if you decide not to return<br />

to work;<br />

• Repay in full any enhanced paternity payments, e.g. return-to-work bonus, if you<br />

decide not to return to work after your paternity leave; if you leave within three<br />

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months of your return to work; or after a period of career leave that immediately<br />

follows your paternity leave.<br />

See the <strong>FSA</strong>’s Adoption Policy for information on paternity leave for adopted<br />

children.<br />

The policy<br />

Length of paternity leave<br />

Ordinary Paternity Leave (OPL)<br />

Subject to the eligibility requirements below, you will be entitled to take one week or<br />

two consecutive weeks Ordinary Paternity Leave (not odd days or two separate<br />

weeks). You can choose to start your leave on any day of the week from:<br />

• the date of the child’s birth;<br />

• a chosen number of days or weeks after the date of the child’s birth; or<br />

• a chosen date which falls after the first day of the expected week<br />

of childbirth.<br />

Leave must be completed:<br />

• within 56 days of the actual date of birth of the child; or<br />

• if the child is born early, within the period from the actual date of birth up to<br />

56 days after the expected week of birth.<br />

You will be entitled to only one period of leave irrespective of whether more than<br />

one child is born as the result of the same pregnancy.<br />

You will need to complete the Paternity Leave request via <strong>Employee</strong> Self-service on<br />

Chrysalis, as evidence that you meet these eligibility criteria.<br />

Eligibility for OPL<br />

You need to satisfy the following conditions to qualify for OPL. You must:<br />

• be our employee;<br />

• have been continuously employed by the <strong>FSA</strong> for at least 26 weeks by the end of<br />

the 15th week before the expected week of childbirth;<br />

• have or expect to have responsibility for the child’s upbringing;<br />

• be the biological father of the child, the mother's husband, partner or civil partner;<br />

and<br />

• be making the request for leave to help care for the child or to support the child’s<br />

mother.<br />

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Notification requirements before starting OPL<br />

At least 15 weeks before the week your baby is due, you must raise a Paternity Leave<br />

request via <strong>Employee</strong> Self-service on Chrysalis, giving notice of the following:<br />

• the week the baby is due;<br />

• whether you wish to take one or two weeks leave; and<br />

• when you wish your leave to start (see above – Length of paternity leave).<br />

You should inform the HR Helpline in writing when your baby was born as soon as<br />

is reasonably practicable after the birth.<br />

If you intend to take parental leave immediately after or before your paternity leave,<br />

we suggest that you give notice of this at the same time that you give notice for<br />

paternity leave, but at least 21 days before you intend your parental leave to start.<br />

We will respond in writing to your notification of OPL within 28 days, to confirm<br />

start and end dates of OPL.<br />

Change in OPL date and early/late birth<br />

You will be able to change your mind about the date you want your OPL to start<br />

provided you give your line manager and the HR Helpline at least 28 days’ written<br />

notice of the new date or, if this is not possible, as soon as is reasonably practicable.<br />

You cannot take paternity leave or be paid SPP before the birth of your baby. If your<br />

baby is not born by the date you specified, you can change the date or choose to take<br />

leave from the actual date of birth or a specified number of days after the birth,<br />

provided you give at least 28 days’ written notice of the new date or, if this is not<br />

possible, as soon as reasonably practicable. You must confirm in writing when you<br />

change your mind about your leave dates.<br />

If your baby is born before it is due you may not have given notice of your intention<br />

to claim paternity leave. In this instance you should confirm in writing as soon as is<br />

reasonably practicable.<br />

Additional Paternity Leave (APL)<br />

You may be entitled to take up to 26 weeks’ APL within the first year of your child’s<br />

birth provided that you satisfy all of the qualifying criteria for OPL as outlined<br />

above, and the mother has returned to work before using his/her full entitlement to<br />

Additional Maternity Leave. Your partner does not have to be an <strong>FSA</strong> employee.<br />

There are a number of additional conditions to APL:<br />

• the earliest that APL can start is 20 weeks after the date the child is born and it<br />

must end no later than 12 months after that date;<br />

• it must be taken in a single block in multiples of complete weeks;<br />

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• the minimum period of APL is 2 weeks and the maximum is 26 weeks; and<br />

• a gap is permitted between the completion of the mother’s maternity leave and<br />

your APL, providing the above conditions are met.<br />

Eligibility for APL<br />

You need to satisfy the following conditions to qualify for APL:<br />

• be our employee;<br />

• have been continuously employed by the <strong>FSA</strong> for at least 26 weeks by the end of<br />

the 15th week before the expected week of childbirth;<br />

• remain in continuous employment with the <strong>FSA</strong> until the week before the first<br />

week of APL;<br />

• be the biological father of the child, the mother's husband, partner/civil partner;<br />

• be taking leave to care for the child; and<br />

• the mother of the child must be entitled to one or more of maternity leave,<br />

Statutory Maternity Pay or maternity allowance.<br />

Notification requirements before starting APL<br />

At least 8 weeks’ before the week your baby is due, you must complete the<br />

Additional Paternity Leave (Word) form (contact the HR Helpline for a copy) which:<br />

• gives notice of the date you wish to start and end APL and Additional Statutory<br />

Paternity Pay (ASPP);<br />

• gives notice of the date your child is expected to be born;<br />

• confirms the date the actual date of birth;<br />

• confirms the purpose of the APL/ASPP is to care for the child;<br />

• confirms you satisfy the eligibility conditions for APL/ASPP.<br />

The form also includes a section for the mother to complete to confirm:<br />

• his/her names, address, and national insurance number;<br />

• the date he/she intends to return to work;<br />

• that he/she is entitled to SMP/SAP/maternity allowance;<br />

• start date of his/her maternity/adoption leave;<br />

• confirmation that you satisfy the relationship eligibility criteria;<br />

• that he/she consents to the <strong>FSA</strong> processing the information in the form;<br />

• that you are the only applicant for APL/ASPP for that child; and<br />

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• a signature from the HR department of the mother’s employers.<br />

If you intend to take parental leave immediately after or before your paternity leave,<br />

we suggest that you give notice of this at the same time that you give notice for<br />

paternity leave, but at least 21 days before you intend your parental leave to start.<br />

We will respond in writing to your notification of APL within 28 days, to confirm<br />

start and end dates of APL and ASPP.<br />

Change in APL date<br />

You will be able to change your mind about the date you want your APL to start<br />

provided you give your line manager and the HR Helpline at least 6 weeks’ written<br />

notice of the new date or, if this is not possible, as soon as is reasonably practicable.<br />

Statutory Paternity Pay (SPP) and <strong>FSA</strong> enhanced payments<br />

SPP<br />

During your paternity leave, you may be entitled to receive Statutory Paternity Pay<br />

(SPP). To qualify you must meet the eligibility requirements and have average<br />

weekly earnings at or above the lower earnings limit for National Insurance. – see the<br />

HMRC website for current SPP rates.<br />

<strong>FSA</strong> enhanced pay<br />

We will enhance Statutory Paternity Pay (SPP) to 100% of your salary for the 2<br />

weeks of Ordinary Paternity Leave, whether you take 1 or 2 weeks. Please see below<br />

for details of what you need to do to claim paternity pay.<br />

Additional Statutory Paternity Pay (ASPP)<br />

If the mother/partner/civil partner has all or at least 2 weeks of her 39 weeks<br />

entitlement to Statutory Maternity Pay when she returns to work, this can be<br />

transferred to you as Additional Statutory Paternity Pay.<br />

Pay, benefits and your contract of employment<br />

If you are on APL, and providing you have given the required notice as detailed<br />

above, you will be entitled to the following:<br />

• All the contractual benefits which you were receiving immediately before you<br />

began your APL (as set out in your most recent Remuneration Statement) will<br />

continue except remuneration (i.e. wages or salary and any contractual<br />

allowances) (see sections on ASPP above);<br />

• Holiday entitlement will continue to accrue (see the holiday FAQs on<br />

Connect+). You should use up your core holiday and bank holiday entitlement<br />

before you start APL or at the end of your leave period (where possible in the<br />

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same holiday year) before returning to work, i.e. tack your holiday onto the end<br />

of APL. If you cannot take it at that time you can choose from the following<br />

options:<br />

1. Any outstanding holiday for the year which you cannot take before APL<br />

starts must be taken within 12 months of your return to work, or you will lose<br />

it; or<br />

2. Request via the HR Helpline that any accrued and untaken holiday in excess<br />

of the statutory holiday entitlement (i.e. for full-time employees this is 20 of<br />

the core days plus the normal 8 bank holidays; pro-rated for part-time<br />

employees) be bought back by the <strong>FSA</strong>. This sum will be paid at the end of<br />

your APL period or any time up to the end of the holiday year in which your<br />

APL ends (see the Holiday Policy - “Holiday Payments” section for details of<br />

how this will be calculated). Please note, you must make this request before<br />

the end of the holiday year in which you return from APL;<br />

• We will continue to pay contributions to the <strong>FSA</strong> Pension Plan on your behalf<br />

for as long as you are being paid ASPP; and<br />

• You will be entitled to be considered for Pay Review during APL. Any Annual<br />

Individual Incentive that you are awarded will be pro-rated by the number of<br />

working days you are absent due to taking Additional (unpaid) Paternity Leave.<br />

In addition, if you return to work after a period of APL and work continuously for the<br />

<strong>FSA</strong> for 12 calendar months (other than on authorised holiday or sickness absence),<br />

the <strong>FSA</strong> will ensure that:<br />

• your pensionable service for the purposes of the <strong>FSA</strong> Pension Plan is treated as<br />

continuous service (i.e. that it includes the full period of APL; and<br />

• a special employer contribution is made to the <strong>FSA</strong> Pension Plan on your behalf.<br />

This will cover the full period of APL at the contribution rate when your APL<br />

began.<br />

If you are unable to return to work following APL due to sickness, the above pension<br />

provisions will not be made until you have returned to work for a continuous period<br />

of 12 months.<br />

For both statutory and contractual purposes, continuity of employment is not broken<br />

by OPL or APL. The period of paternity leave counts as a period of continuous<br />

employment for statutory and contractual purposes, except for membership of the<br />

<strong>FSA</strong> Pension Plan (subject to the provisions in the “Return-to-work bonus” section<br />

below).<br />

Your employment with the <strong>FSA</strong> will continue during paternity leave. During this<br />

period you will not, of course, be required to work nor will the <strong>FSA</strong> be required to<br />

provide you with work, unless you are taking one of your “keeping-in-touch days”<br />

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(see section below for further details). If you decide not to return to work after<br />

paternity leave, you must give the relevant notice as stated in your Contract of<br />

Employment. If you fail to give notice and fail to return to work at the end of your<br />

relevant period of leave (without informing the <strong>FSA</strong> of an authorised reason for<br />

absence, such as sickness), you will be treated as having resigned from the <strong>FSA</strong>.<br />

Your employment and contract will come to an end as a result of your resignation.<br />

Failure to return to work means you will not qualify for the return to work<br />

arrangements described below and you will be required to repay any enhanced<br />

paternity payments made to you during your paternity leave period (i.e. what you<br />

have been paid, minus SPP).<br />

Contact during paternity leave<br />

Shortly before you go on paternity leave, we will discuss the arrangements for<br />

keeping in touch during that time. We reserve the right to maintain reasonable<br />

contact with you. This may be to discuss your plans to return to work, KIT days, to<br />

update you on work developments during your absence, etc.<br />

Return-to-work bonus<br />

If you return to work with the <strong>FSA</strong> after a period of at least 12 weeks’ of Additional<br />

Paternity Leave, you will be entitled to receive a return-to-work bonus. The bonus<br />

will be either six weeks’ pensionable salary (at the rate payable when your APL<br />

started) or £3,300, whichever is the greater. The return-to-work bonus will be subject<br />

to deductions for tax and NIC.<br />

You may elect to receive your return-to-work bonus at any time up to three complete<br />

calendar months after your return to work. You can choose how and when you would<br />

like to receive your return-to-work bonus as follows:<br />

• To be paid between weeks 13 to 24 of your APL;<br />

• A lump sum at any point from week 13 of your APL; or<br />

• In the fourth month’s salary payment after your return to work.<br />

Prior to commencing your APL, you will receive a return-to-work bonus form from<br />

HR Transactions, allowing you to select one of the above options for receiving your<br />

payment.<br />

If you stop working for the <strong>FSA</strong> within three months of returning to work from<br />

paternity leave, having received your return-to-work bonus, you will be required to<br />

repay the full amount. If you have not received it at this time, such payment will be<br />

forfeited. If you take career leave immediately following a period of APL, and you<br />

decide to resign at the end of that period, you must pay back the return-to-work<br />

bonus in full that you received.<br />

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If you stop working for the <strong>FSA</strong> within 3 months of returning to work, having<br />

received your return-to-work bonus, you will be required to repay the full amount. If<br />

you take career or parental leave immediately following a period of APL, and you<br />

decide to resign at the end of that period, you must pay back the return-to-work<br />

bonus paid to you in full.<br />

Shared maternity/paternity leave between <strong>FSA</strong> employees and the return-to-work<br />

bonus<br />

If you and your partner are both employed by the <strong>FSA</strong> and share maternity/paternity<br />

leave, the return-to-work bonus will be paid to only one of you. Between you, you<br />

should nominate who will receive this bonus by noting this on this relevant form.<br />

‘Keeping in touch’ days (KIT)<br />

To support occasional training, or help keep in touch without losing ASPP, the<br />

Government has introduced 'Keeping in Touch' (KIT) days during APL. These KIT<br />

days allow the <strong>FSA</strong> and you to make reasonable contact during the period. In<br />

addition, if you are on APL you can still work for us for 10 days by mutual<br />

agreement without losing ASPP. An example of a KIT day could be to attend a<br />

divisional away-day, training or refresher courses. It should not be used to introduce<br />

friends and colleagues to new family members. Important points to note include the<br />

following:<br />

• You can come into the office for one hour or a whole day. This will be counted as<br />

a full day for these purposes;<br />

• The decision to take a KIT day and when that KIT day will be taken must be<br />

made by agreement between you and the <strong>FSA</strong>;<br />

• The KIT day will not bring your APL to an end;<br />

• We have no right to demand that you undertake any such KIT work and you<br />

cannot insist that you undertake such work; and<br />

• You will be paid at your normal daily rate for each KIT day worked, without<br />

losing ASPP.<br />

Returning to work<br />

If you return to work at the end of your full APL period you do not need to notify us<br />

in advance of the date of your return. Unless you notify us otherwise (see below), the<br />

date on which you return to work will be:<br />

• the first working day after the end of your OPL and APL; or<br />

• if you wish to return to work before the end of your APL, you must give your line<br />

manager at least 6 weeks’ advance written notice. If you fail to do so, your return<br />

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to work may be postponed to a date that will ensure that the notice period is<br />

served.<br />

The job that you will generally be entitled to return to will be as follows:<br />

• Returning after OPL – you will be entitled to return to the same job on the same<br />

terms and conditions as if you had not been absent.<br />

• Returning after APL – where possible, you will be entitled to return to the<br />

the same job on same terms and conditions. If this is not reasonably practicable,<br />

in which case you will be entitled to be offered suitable and appropriate<br />

alternative work on comparable terms.<br />

Postponement of return to work<br />

If you are too ill to return to work at the end of your paternity leave period, the<br />

Sickness Absence Policy and procedure will apply.<br />

Flexible working<br />

If you wish to vary your working pattern on return from paternity leave, you have the<br />

right to request a flexible working pattern, as explained in the Flexible Working<br />

Policy. You might wish to mention to your line manager before you go on paternity<br />

leave that you are interested in applying to work flexibly on your return. Bear in<br />

mind that you may need to attend meetings at the office so that your request can be<br />

properly considered. If you want the changes to take effect on your return from<br />

paternity leave, you should make your application in good time before your return,<br />

using the appropriate application form.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership and, updates and query management<br />

This is the <strong>FSA</strong>'s Paternity Policy as at January 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

It is not contractual and is subject to change at the discretion of the <strong>FSA</strong> – any<br />

changes will be published on the intranet. Any questions on the application of the<br />

policy should be directed to the HR Helpline on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Dependant’s Leave Policy<br />

The <strong>FSA</strong> understands that once in a while you may need to take time off to care for<br />

dependants. So we will allow you a reasonable amount of time off work to deal with<br />

certain unexpected or sudden emergencies and to make any necessary longer term<br />

arrangements. All employees (male and female), including those on short-term<br />

contracts, are entitled to this.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• You are not entitled to be paid for time off for dependants (please refer to below<br />

section on payment), but your manager will consider your request for reasonable<br />

time off.<br />

What the <strong>FSA</strong> expects from you<br />

• As soon as practical, tell your line manager the reason for your absence and how<br />

long you expect to be away from work.<br />

• Keep your manager informed of any changes that may affect your dependant’s<br />

leave arrangements.<br />

• Raise a Dependant’s Leave Absence record via <strong>Employee</strong> Self-service on<br />

Chrysalis.<br />

The policy<br />

You can take time off:<br />

• if a dependant falls ill, or has been injured or assaulted;<br />

• when a dependant is having a baby;<br />

• to make longer term care arrangements for a dependant who is ill or injured;<br />

• to deal with a death of a dependant;<br />

• to deal with an unexpected disruption or breakdown of care arrangements for a<br />

dependant; or<br />

• to deal with an unexpected incident involving your child during school hours.<br />

The illness or injury need not be serious or life-threatening, and includes both mental<br />

and physical illness.<br />

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Where a dependant needs to be cared for because of an illness or injury, you can take<br />

time off work to arrange alternative longer term care arrangements.<br />

On a bereavement of a dependant, you can take time off to make funeral<br />

arrangements, as well as to attend a funeral. If the funeral is overseas, then your line<br />

manager must agree a length of absence which is reasonable in these circumstances.<br />

There may be times when both parents want, or need to take time off work. We<br />

would want to adopt a common-sense approach depending on the circumstances of<br />

the situation. If you need time off for emergencies that are not covered by this policy,<br />

you must agree it with your line manager.<br />

Definition of a dependant<br />

A dependant is your husband, wife, partner, civil partner, child or parent. It also<br />

includes someone who lives in the same household as you. It does not include<br />

tenants or boarders living in the family home, or someone who lives in the household<br />

as an employee.<br />

In cases of illness, injury or where care arrangements break down, a dependant may<br />

also be someone who reasonably relies on you for assistance. This may be where you<br />

are the primary carer or are the only person who can help in an emergency.<br />

Amount of time off<br />

The amount of time off will vary with the differing circumstances of an emergency.<br />

For most cases, one or two days should be enough to deal with the problem. If you<br />

know in advance that you are going to need time off, you should ask for annual leave<br />

in the usual way. Or, if the reason you need leave relates to your child, you may be<br />

entitled to take Parental Leave.<br />

Notice<br />

As soon as practical, you need to tell your line manager the reason for your absence<br />

and how long you expect to be away from work. It is not necessary to give the notice<br />

in writing. There may be exceptional circumstances where you return to work before<br />

it was possible to contact your line manager, but you should still tell them why you<br />

were absent when you return.<br />

Payment during time off<br />

You are not entitled to be paid for time off for dependants. However, the <strong>FSA</strong> may<br />

exercise its discretion and grant paid time off. Where applicable, your line manager<br />

will discuss the matter with the HR Helpline. Payment will depend on individual<br />

circumstances and/or hardship.<br />

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Grievance and discipline<br />

If you think that you have been unreasonably refused time off, or treated<br />

detrimentally for taking it, please follow the Grievance Procedure.<br />

If the <strong>FSA</strong> thinks that an employee is abusing the right to time off it will be dealt<br />

with in line with the Disciplinary Procedure.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Dependant’s Leave Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

If you have any questions on how the policy applies contact the HR Helpline on<br />

extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Parental Leave Policy<br />

The <strong>FSA</strong>’s Parental Leave Policy incorporates statutory requirements on parental<br />

leave rights and offers more generous provisions than required by law, so we can<br />

support our employees who take parental leave.<br />

From 8 March 2013, the amount of parental leave will increase from 13 weeks to 18<br />

weeks for all parents, not just those with a disabled child. This is due to a change in<br />

employment legislation.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• While the law states that you can take up to 13 weeks (18 weeks from 8 March<br />

2013) unpaid leave per child and a maximum of four weeks parental leave per<br />

year, we will normally allow you to take 13 weeks in one calendar year (18<br />

weeks from 8 March 2013).<br />

• The <strong>FSA</strong> can postpone the leave for up to six months where the business would<br />

be particularly disrupted if the leave were taken at the time requested.<br />

What the <strong>FSA</strong> expects from you<br />

• You must give your line manager 21 days’ notice, by raising an Unpaid Parental<br />

Leave request on <strong>Employee</strong> Self-service on Chrysalis, of your intention to take<br />

parental leave.<br />

• You must be eligible to take parental leave (see eligibility criteria below).<br />

The policy<br />

Parental leave is the right to take time off work to look after a child or make<br />

arrangements for your child’s welfare. This leave is unpaid.<br />

Eligibility<br />

You are eligible to take parental leave if you have a child under the age of five, or<br />

the child is disabled and under 18 (for the purposes of parental leave, a child with a<br />

disability is one who receives disability living allowance), or you have adopted a<br />

child within the last five years (until the fifth anniversary of the adoption or until the<br />

child's 18th birthday, whichever occurs sooner) and you have completed one year’s<br />

qualifying service with the <strong>FSA</strong> by the time you want to take the leave. It can be<br />

taken by both mothers and fathers.<br />

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Length of leave<br />

A total of 13 weeks leave (18 weeks from 8 March 2013) may be taken for each child<br />

or 18 weeks for each child in the case of a child with a disability (for the purposes of<br />

parental leave, a child with a disability is one who receives disability living<br />

allowance).<br />

If you work part-time, your entitlement will be pro-rated.<br />

You will be able to take parental leave in short or long blocks depending on what has<br />

been agreed with your line management.<br />

Parental leave is for each child, so if twins are born both parents will get 13 weeks<br />

leave for each child.<br />

Taking parental leave<br />

You can choose to take parental leave any time:<br />

• up until the child’s fifth birthday;<br />

• for five years after the child is first placed with the family for adoption (or until<br />

the child’s 18th birthday if that comes sooner); or<br />

• in the case of a child with a disability, up until the child’s 18th birthday.<br />

Returning from parental leave<br />

If you take up to 4 weeks' parental leave, you have the right as far as possible to<br />

return to your previous job. If you take more than four weeks, or where parental<br />

leave follows maternity leave, you are entitled to return to the same job, or, if that is<br />

not reasonably practicable, another suitable and appropriate job with comparable<br />

salary, conditions and status.<br />

Pay and benefits<br />

Parental leave is unpaid so you will receive no salary or 'flex' account during the<br />

period of your leave. If the period of your leave is one month or less, your benefits<br />

will continue. If you take more than one month's leave you will have no entitlement<br />

to either core or flexible benefits for the period of leave after the first month, with the<br />

following exceptions:<br />

• core life assurance (2x salary);<br />

• statutory holiday (28 days plus bank holidays for full-time employees) continues<br />

to accrue;<br />

• redundancy compensation; and<br />

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• death in service benefits associated with being a member of the <strong>FSA</strong> pension<br />

scheme i.e. dependants' pension (if applicable).<br />

Procedures for taking parental leave<br />

Leave must be taken in blocks or multiples of one week, except in the case of<br />

children with disabilities, where leave can be taken in blocks or multiples of one day.<br />

In all other cases, part weeks taken will normally be counted as full weeks.<br />

• You must give 21 days’ notice, Unpaid Parental Leave request on <strong>Employee</strong> Selfservice<br />

on Chrysalis, to your line manager.<br />

• The <strong>FSA</strong> can postpone the leave (see below).<br />

• Leave cannot be postponed when you give notice to take it immediately after the<br />

time the child is born or is placed with the family for adoption.<br />

• The <strong>FSA</strong> may ask you to confirm that you are the parent or the person who is<br />

legally responsible for the child. Any such request will be reasonable and we will<br />

not check on your entitlement on every occasion on which leave is asked for.<br />

Postponement of parental leave<br />

If your line manager considers that your absence would unduly disrupt the business,<br />

or in other appropriate circumstances then the <strong>FSA</strong> can postpone the leave for up to<br />

six months. Your line manager will discuss the matter with you and confirm the<br />

postponement arrangements in writing no later than seven days after your notice to<br />

take leave. This will state the reason for the postponement and set out the new dates<br />

of parental leave. The length of the leave will be equivalent to your original request.<br />

When you apply to take parental leave immediately after the birth or adoption of<br />

a child then the <strong>FSA</strong> cannot postpone the leave. You need to give 21 days’ notice<br />

before the beginning of the expected week of childbirth (expectant mothers will<br />

be able to provide this information). In the case of adoption, you will need to<br />

give 21 days’ notice of the expected week of placement. In rare cases where<br />

this is not possible, an adoptive parent should give the notice as soon as is<br />

reasonably practicable.<br />

Who is covered by this policy?<br />

This policy covers all employees of the <strong>FSA</strong>.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Parental Leave Policy as at February 2013. The policy is owned by<br />

the HR Division and has been developed in conjunction with the Staff<br />

Consultative Committee.<br />

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The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

we will publish any changes on the intranet.<br />

If you have any questions on how the policy applies, contact the HR Helpline on<br />

extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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5 Health, Safety & Security<br />

Driving at Work Policy<br />

The <strong>FSA</strong> is committed to ensuring the health & safety of its employees whilst at<br />

work. This policy sets out the requirements and guidance for those individuals who:<br />

• Use hire cars on behalf of the <strong>FSA</strong>;<br />

• Claim mileage for use of private vehicles for <strong>FSA</strong> business purposes; or<br />

• Drive on behalf of the <strong>FSA</strong>, i.e. chauffeurs.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

The <strong>FSA</strong> will:<br />

• Ensure adequate risk assessments are carried out on those groups who drive for a<br />

significant portion of their role.<br />

• Ensure all chauffeurs have access to suitable driver training if required.<br />

• Will provide suitable alternative transport or accommodation if travel or working<br />

day exceeds 12 hours, in the event of unforeseen circumstances. This will be via<br />

Hillgate Travels 24 hour service, phone.0207 462 8280.<br />

What the <strong>FSA</strong> expects from you<br />

• All employees driving on behalf of the <strong>FSA</strong> must have a current valid full<br />

driver’s licence that enables them to drive in the UK.<br />

• All drivers need to observe normal rules of the road as set out in the<br />

Highway Code.<br />

• You should not use handheld mobiles or any other handheld communication<br />

devices whilst driving.<br />

• No employee should ever drive if they are over the legal drink driving limit.<br />

• The use of illegal drugs is prohibited. If using over the counter medicines and<br />

prescription medicines please ensure you check with either your GP or<br />

pharmacist about whether it is safe for you to be driving.<br />

• <strong>Employee</strong>s hiring cars on behalf of the <strong>FSA</strong> must adhere to the terms and<br />

conditions set out by the hire car company (currently Enterprise Rent-a-Car).<br />

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• All private vehicles must be road worthy and have a current MOT if applicable.<br />

• All private vehicles must have adequate insurance for business use in the name of<br />

the employee driving the vehicle and sign a self-declaration on the expenses form<br />

when driving for business purposes.<br />

• All drivers of private vehicles must provide any of the above named<br />

documentation to the <strong>FSA</strong> if requested.<br />

Guidance for employees driving for work:<br />

• All employees should allow a suitable amount of time for the journey<br />

distance proposed.<br />

• It is recommended employees take adequate rest breaks from driving and ensure<br />

this is planned into the journey route.<br />

• All employees should stop driving immediately if they are noticing signs<br />

of fatigue.<br />

• The maximum time an employee should drive for is 9 hours in any working<br />

day and should not drive and work in excess of 12 hours in any given day or<br />

24-hour period.<br />

• If a minibus is used, the employee must have additional training in driving a mini<br />

bus and provide adequate documentation.<br />

Useful links:<br />

Travel and Transport website<br />

Expenses website<br />

Who is covered by this policy?<br />

This policy does not apply to commuting, unless the employee is travelling from<br />

their home to a location which is not their usual place of work.<br />

This policy covers all individuals for the <strong>FSA</strong> at all levels and grades, including<br />

Directors, Heads of Departments, Managers, Technical Specialists, Senior Advisors,<br />

Associates, Administrators, Secretaries, Graduates, homeworkers, part-time and<br />

fixed term employees and agency staff (collectively referred to as employees in<br />

this policy).<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Driving at Work Policy as at December 2009.<br />

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The policy is owned by the Health & Safety Adviser and has been developed in<br />

conjunction with the Staff Consultative Committee and the HR Division.<br />

The policy is subject to change at the discretion of the <strong>FSA</strong> – any changes will be<br />

published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment, with the exception<br />

of <strong>FSA</strong> Chauffeurs who have additional contractual clauses and working practices<br />

in place.<br />

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Eye Test Policy<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

The Display Screen Equipment (DSE) Regulations 1992 (Amended 2002) relate to<br />

the correct use of DSE. We place the highest priority on observing the measures set<br />

out in the regulations and will do the following:<br />

• Train users in the use of their workstation.<br />

• Check that DSE users’ desks, chairs and working environment provide the best<br />

working conditions that are reasonably achievable. Special requirements must be<br />

supported by a letter from a doctor or specialist adviser, which we will pass for<br />

consideration to our Medical Adviser.<br />

• Contribute towards the cost of eye tests and eye care. The <strong>FSA</strong> will contribute up<br />

to £20 annually towards the cost of this test carried out by a qualified optometrist.<br />

If the test reveals that glasses/contact lenses are needed for VDU work, the <strong>FSA</strong><br />

will contribute up to a further £60 towards the costs of glasses/contact lenses.<br />

What the <strong>FSA</strong> expects from you<br />

• Take responsibility for arranging regular/annual eye tests.<br />

• Obtain the relevant receipt and written evidence.<br />

The policy<br />

To claim for an eye test only – you must complete a staff expenses claim form (see<br />

“Forms” on Connect+) and attach the receipt from the optometrist showing the value<br />

of the test. We will reimburse up to £20.<br />

If you also wish to claim up to £60 towards glasses/contact lenses, your optician must<br />

provide a written statement to confirm the glasses/contact lenses are required for<br />

VDU use. We will not be able to reimburse where the statement only confirms<br />

general use.<br />

You should forward the completed expenses form, with receipts and VDU<br />

statements, to the Accounts Payable team to make payment. Please note you do not<br />

need line manager approval for eye care claims.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

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Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Eye Test Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee and the Health & Safety Adviser.<br />

The policy is not contractual and is subject to change at our discretion – any changes<br />

will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Health and Safety Policy<br />

Detailed information on health and safety matters is contained in the <strong>FSA</strong> Health and<br />

Safety Manual, which is available for reference from the Health and Safety Adviser.<br />

What you can expect from the <strong>FSA</strong><br />

• The Chairman, Chief Executive and Managing Directors wish to pursue a policy<br />

to promote health and safety at work and seek the cooperation of all employees<br />

for that purpose.<br />

• We will provide working conditions that comply with the relevant statutory<br />

requirements and officially approved codes of practice that are designed to ensure<br />

good standards of health and safety.<br />

• Line management is responsible for implementing and maintaining this policy<br />

throughout the organisation, and will ensure that health and safety considerations<br />

are given priority in planning and day-to-day supervision of work.<br />

In so far as it is reasonably practicable we will ensure that:<br />

• the working environment is safe, there is no risk to your health and that adequate<br />

provision is made with regard to the facilities and arrangements for your welfare<br />

at work;<br />

• we will work with the landlord of shared tenancy buildings to ensure they met<br />

their duty of care to all statutory obligations and requirements;<br />

• we provide adequate resources to ensure that proper provision can be made for<br />

health and safety;<br />

• risk assessments of equipment, premises, procedures and processes are carried<br />

out and periodically reviewed;<br />

• we provide and maintain systems of work that are safe and without risk to health;<br />

• arrangements for use, handling, storage and transport of articles and substances<br />

for use at work are safe and without risks to health;<br />

• we provide you with such information, instruction, training and supervision as is<br />

necessary to secure your health and safety at work and the safety of others who<br />

may be affected by your actions;<br />

• the provision and maintenance of all plant, machinery and equipment is safe and<br />

without risk to health<br />

• the place of work is safe and there is safe access to and exit from the workplace;<br />

• monitoring activities are undertaken to maintain agreed standards.<br />

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• the health and safety policy will be reviewed at least once a year and will<br />

be amended and updated as necessary – you will be notified in writing of<br />

such changes.<br />

What the <strong>FSA</strong> expects from you<br />

• Take reasonable care for the health and safety of yourself and others who<br />

may be affected by your acts or omissions. Cooperate with us in fulfilling our<br />

statutory duties.<br />

• Read and comply with all relevant rules and procedures regarding safe working.<br />

• Do not interfere with or misuse anything provided in the interest of health<br />

and safety.<br />

The policy<br />

Accidents at work – accident reporting<br />

All accidents, injuries and cases of ill-health caused by, or affecting, your work must<br />

be reported without delay. If you are injured, no matter how slight your injury may<br />

appear, you must always report it to your line manager, ensure that you are seen by a<br />

first-aider and that the details of your accident or injury are recorded using the firstaid<br />

incident form on Connect+. All dangerous occurrences and 'near miss' incidents<br />

should also be reported in the same way.<br />

You must not work if you have taken medication or any other substance that could<br />

adversely affect your ability to operate equipment or work safely.<br />

If you see a situation in which a potential accident could occur, or where an injury<br />

could be sustained by anyone in the building, you should report it immediately to the<br />

Facilities Helpdesk (ext. 69696).<br />

You must report any damage to <strong>FSA</strong> or contractors’ property to the Facilities<br />

Helpdesk (ext. 69696).<br />

You must read and comply with all notices, instructions, hazard and warning signs<br />

provided for your information.<br />

First aid provision<br />

A number of employees are qualified to give first aid and they retain first aid boxes<br />

at their work stations. A list of first-aiders, together with their locations, is available<br />

on Connect.<br />

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Reporting of Injuries, Diseases & Dangerous Occurrences Regulations<br />

1995 (RIDDOR)<br />

We have a policy statement on chronic infectious illness which reflects the<br />

<strong>FSA</strong>’s policy of providing a safe and healthy workplace for all employees.<br />

Further information on the policy and RIDDOR are available from the Health<br />

and Safety Adviser.<br />

Emergency procedures<br />

Fire – general<br />

As far as is reasonably practicable, we will take steps to minimise the risk of fire.<br />

Selected employees will be appointed as Fire Marshals. They will be given training<br />

in basic fire prevention measures, use of fire equipment and evacuation procedures.<br />

Our fire evacuation practices and procedures are in accordance with our legal<br />

requirements.<br />

You are required to observe the following. Failure to do so could lead to disciplinary<br />

action, possibly including dismissal.<br />

• Corridors, stairways, steps and other escape routes must be kept free from<br />

obstructions (such as rubbish bags, deliveries, wrappings, equipment, etc.) that<br />

block the escape and/or obscure alarm equipment, extinguishers or signs<br />

indicating fire exits.<br />

• Fire doors must never be propped open (with extinguishers or wedges of any<br />

kind). Access doors linked to the fire alarm system will fail to secure (open) in<br />

the event of a fire alarm actuation.<br />

• Any faults with lighting or other equipment should be reported to the Facilities<br />

Helpdesk on: 020 7066 9696. Any concerns you may have about fire hazards<br />

should also be addressed to the Facilities Helpdesk, so that appropriate measures<br />

can be taken to eliminate the problem.<br />

In the event of fire<br />

In the event of fire, you should do the following.<br />

• Raise the alarm.<br />

• Follow the specific building instructions in respect of evacuation and listen to<br />

instructions from your Fire Marshal.<br />

• Attempts to extinguish the fire should only be made if it is safe to do so.<br />

• Assemble at the designated fire assembly point.<br />

• Do not run, use lifts or stop to collect personal belongings.<br />

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Bomb alerts<br />

• Do not re-enter the building until instructed that it is safe to do so.<br />

It is not possible to be prescriptive about what to do in the event of a bomb warning,<br />

but the following general rules should be observed.<br />

• Do exactly what you are told by the emergency services, either directly or<br />

through the <strong>FSA</strong> <strong>Services</strong> Management Team or <strong>FSA</strong> employees.<br />

• Do whatever is necessary and sensible to reduce the risk of injury, i.e. if there is a<br />

known bomb threat and you have not been told to evacuate the building, retire to<br />

the safest area within your building. This will normally be a building core area,<br />

away from the risk of broken/flying glass.<br />

• If you are in the building out of normal working hours and an incident takes place<br />

(either directly affecting the building or in the close vicinity) the most senior<br />

person present must take responsibility for notifying the <strong>FSA</strong> management of the<br />

situation through the security desk.<br />

• If you are in the vicinity of an incident away from the office and your<br />

whereabouts or safety may be uncertain, please telephone your line management.<br />

• The safety of staff and visitors is always paramount. Never jeopardise personal<br />

safety in the interest of safeguarding property or information.<br />

• If the building is seriously damaged as a result of a major incident, which occurs<br />

outside normal office hours or at a time when you are not present in the building,<br />

you should not return to the building until you have received instructions from<br />

the <strong>FSA</strong>.<br />

• If a major incident such as a terrorist incident has affected the building, you<br />

should contact the Freephone Incident Information Line on: 0500 078780. It will<br />

give you an update on the incident and provide advice on any action you may<br />

need to take. This number can be accessed at any time and you will not be<br />

charged for the call.<br />

Manual handling<br />

When handling loads manually, you must use the methods that are indicated by the<br />

<strong>FSA</strong> to reduce the risk of injury. All staff involved in manual handling will receive<br />

appropriate training.<br />

Working Time (Amendment) Regulations 2001<br />

The Regulations relate to limits on working hours and entitlements to rests. We want<br />

to ensure that we comply with them and will:<br />

• monitor working hours and keep records of these;<br />

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• provide free health assessments for night workers and keep records of these.<br />

• We may require you to keep a record of your working time and rests to assist the<br />

monitoring process. Please see Hours of Work for further information.<br />

Secondees, visitors and contractors<br />

We have a responsibility under the Health and Safety at Work Act (1974) to ensure<br />

that people who are not employees of the <strong>FSA</strong> are not exposed to risks to their health<br />

and safety while working for the <strong>FSA</strong> or visiting our premises.<br />

Who is covered by this policy?<br />

This policy covers all employees. This also applies to consultants, contractors,<br />

temporary workers and those seconded to the <strong>FSA</strong>.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Health and Safety Policy as at April 2010.<br />

The policy is owned by the Health & Safety Adviser and has been developed in<br />

conjunction with the Staff Consultative Committee and the HR Division.<br />

The policy is not contractual and is subject to change at our discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

Detailed information on health and safety matters is contained in the Health and<br />

Safety Manual, which is available for reference from the Health and Safety Adviser.<br />

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Safety when Visiting External Organisations Policy<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• We will manage any safety in line with the following principles:<br />

• We see the safety of employees on visits to external organisations as paramount<br />

and will take all reasonable steps to minimise genuine risks.<br />

• Work with you to identify risks and mitigate the risk where possible.<br />

• Provide guidance on how to minimise risk via this policy.<br />

What the <strong>FSA</strong> expects from you<br />

• For the vast majority of visits, safety is not an issue, but the purpose of this policy<br />

is to provide a list of sensible precautions that you should take if you are<br />

undertaking a visit where safety is, or may be, an issue.<br />

• Work with the <strong>FSA</strong> to identify where safety may be an issue.<br />

The policy<br />

Identifying situations where safety may be an issue<br />

The following questions may be indicators of potential risk situations:<br />

• Is the area that you are visiting potentially unsafe?<br />

• Are you visiting the firm to discuss a difficult matter/investigate an issue?<br />

• Does the firm have any known history or is there any knowledge of 'unacceptable<br />

or intimidating behaviour' towards colleagues?<br />

• Does the organisation that you are visiting have unconventional premises?<br />

If the answer to any of these questions is 'yes', you should consider some or all of the<br />

additional precautions listed below.<br />

Precautions to take in advance of the visit<br />

The key to safety is good planning. You need to try and consider all eventualities and<br />

ensure that you have researched your travel plans prior to any site visits.<br />

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Dressing down when attending visits<br />

Where you are visiting a potentially unsafe area, or an area not normally associated<br />

with business dress, you may choose to dress down if this would make you less<br />

conspicuous. However, where there is a possibility that the firm themselves may not<br />

relax their dress code you may want to confirm prior to the meeting that casual dress<br />

is acceptable. It may be better to carry your laptop in a different style of bag to avoid<br />

drawing attention to it.<br />

Use of Taxis and Hire Cars<br />

The <strong>FSA</strong>’s policy on taxis and hire cars is that they should only be used where it is<br />

cost effective to do so. However, it is acceptable for this policy to be over-ruled<br />

where safety is an issue. Where possible, this should be approved in advance with<br />

your line manager.<br />

Number of Team Members on Visits<br />

If you are attending a visit on your own and you have identified that it may be a risk<br />

situation, it may be a sensible precaution to take a colleague along with you. You<br />

must however, discuss the way forward with your line manager.<br />

Personal Safety Awareness<br />

If the nature of your role means that you are exposed to situations where you may be<br />

at risk, a training course given by the Suzy Lamplugh Trust (a national charity for<br />

personal safety) may help. Please let your line manager know if you are interested. If<br />

there is sufficient interest then training will be arranged.<br />

Alarms<br />

If you wish to have an alarm then we recommend alarms that have been researched<br />

and approved by the Lone Worker Directory Service on the Suzy Lamplugh Trust<br />

website. They can be loaned from the Security Control Room at 25 TNC. We urge<br />

that these be carried on all visits where safety may be an issue.<br />

Mobile Phones<br />

It is advisable for all employees who are visiting an external organisation to ensure<br />

they have a mobile phone which is fully charged. You should also ensure that<br />

members of staff at your normal location have your number, as it is imperative that<br />

all staff out on visits are contactable at all times for safety reasons. If you do not have<br />

a mobile telephone, or you do not wish to use your personal phone for business<br />

purposes, speak to your line manager about borrowing one from the phone pool for<br />

specific visits.<br />

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We believe that any violence or threat of violence used against any of our staff is<br />

unacceptable, in whatever form it takes and regardless of the motivation for it (if<br />

any). This includes any aggressive behaviour, which leads to stress or intimidation<br />

for an employee, or any form of physical violence.<br />

Research the area that you are visiting<br />

You should ensure that you research your visit beforehand. Maps of areas can be<br />

obtained from either www.multimap.com or www.streetmap.co.uk, www.theaa.co.uk<br />

also provide some useful road maps and directions.<br />

Make sure someone knows where you are<br />

If you are visiting an external organisation you should make sure that a colleague or a<br />

family member knows where you are, which organisation you are visiting, who is<br />

your contact within the organisation and what time you are due to return. If<br />

colleagues live alone you may wish to consider setting up a 'buddy' system to ensure<br />

that they arrive home safely following a visit.<br />

If an incident does occur<br />

Dealing with a hostile situation<br />

If you think you are in danger you should try to minimise the chance of<br />

confrontation. Advice on how to do this is available from the Suzy Lamplugh Trust<br />

but some basic advice is that you should:<br />

• Stay calm, speak gently, slowly and clearly and be aware of the tone of<br />

your voice.<br />

• Appear calm and confident, keep a relaxed posture and avoid an<br />

aggressive stance.<br />

• Do not be enticed into an argument and listen to the individual.<br />

• Keep your distance.<br />

• If you think you are in danger – leave.<br />

Reporting the incident<br />

Any physical assault, no matter how minor should be reported to the Police in the<br />

area concerned. All situations where behaviour exceeds normally acceptable limits<br />

must be reported to your line manager and this will be reported using the standard<br />

accident / incident reporting procedures. You should report the incident even if you<br />

think it seems fairly trivial to you. Not to do so could put others at risk.<br />

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The information that is collected will be analysed to identify any trends. If potential<br />

risks are identified in particular areas or at particular firms then further action will be<br />

taken to ensure that these risks are minimised.<br />

Sources of further advice<br />

Risk of Harm Framework<br />

Health and Safety Officer<br />

www.suzylamplugh.org<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Safety When Visiting External Organisations Policy as at April<br />

2009.<br />

The policy is owned by the Corporate Protection & Resilience Department and has<br />

been developed in conjunction with the <strong>FSA</strong>'s Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Security Policy<br />

This policy explains the various security arrangements we currently have in place at<br />

the <strong>FSA</strong> and related monitoring. At the end of the policy there is a brief reminder<br />

about the monitoring associated with the Flexitime scheme swipe system.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• A high priority placed on security, both of the people who work here and our<br />

property (including information that we hold).<br />

What the <strong>FSA</strong> expects from you<br />

• Understand your responsibilities and contribution to the security of the <strong>FSA</strong> and<br />

its people.<br />

• Cooperate with the security team where required to do so.<br />

The policy<br />

Building security<br />

Security ID pass<br />

You will be issued with a security ID pass containing your photograph. You must<br />

wear and display your pass at all times when inside the building and present it to<br />

security staff on request.<br />

Your security pass must not be loaned or given to others (whether <strong>FSA</strong> staff or not).<br />

If you lose your pass you must report the matter immediately to the Security Control<br />

Room on extension 63838 (manned 24hrs a day, 365 days a year). Security passes<br />

are the property of the <strong>FSA</strong> and must be returned at the end of your employment<br />

or engagement.<br />

Security control<br />

<strong>FSA</strong> premises are protected by specialist security guards and a range of electronic<br />

measures. The buildings are equipped with an Automatic Access Control System to<br />

control access to the building and specific facilities throughout.<br />

Your security ID pass enables you to enter and leave <strong>FSA</strong> premises ; a key fob is<br />

used for Edinburgh . If you need to enter a secure area in connection with your work,<br />

or if you are a member of the fitness centre, you gain access by using your pass. We<br />

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conduct routine audits of the access log, both for security reasons and to determine<br />

occupancy rates of 25TNC from time to time. We may also run a check of the log in<br />

other circumstances, including, but not limited to:<br />

• an emergency situation where there is a need to check who may be in<br />

the building;<br />

• where we have reasonable belief that there has been, or there is about to be, a<br />

breach of security.<br />

• where we reasonably believe a criminal offence has been or may be committed;<br />

• where we reasonably believe a member of staff is in breach of their contract or<br />

another of our rules (for example, in relation to working hours obligations), or is<br />

otherwise abusing our trust.<br />

As a result of a routine audit or a spot check, we may decide to investigate further an<br />

individual's record of card swipes. Such investigation may include cross-references to<br />

other logs of information, such as the Flexitime swipe log.<br />

Visitors<br />

Reception must be notified of all visitors in advance. On arrival, all visitors should<br />

report to ground floor reception. Procedures for notification and booking conference<br />

facilities are set out in the services A – Z guide on the Intranet.<br />

Visitors will be provided with a visitor's badge for identification purposes and will be<br />

required to wear and display their badges at all times. They will not be permitted on<br />

office floors unless accompanied at all times by a member of staff. The host is<br />

immediately responsible for ensuring that security and safety are maintained. Visitors<br />

must be accompanied by their hosts throughout their visit.<br />

CCTV<br />

<strong>FSA</strong> premises are protected by CCTV cameras. These are stationed at various<br />

points, including access and egress points, secure areas of the building and certain<br />

storage and/or emergency areas. The cameras are visible. Their positions have been<br />

determined by the need to maintain security of the building, its staff and visitors<br />

and property.<br />

Footage from the cameras is monitored regularly around the clock to ensure that we<br />

are alerted to any suspicious or dangerous activity, including possible breaches of<br />

security or the commission of an offence.<br />

Right to search<br />

We reserve the right to search you and any of your property held on <strong>FSA</strong> premises at<br />

any time if there are reasonable grounds to believe that:<br />

• you are guilty of any breach of the <strong>FSA</strong>'s rules and regulations;<br />

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• the search will result in the finding of evidence of regulatory breaches; or<br />

• the search will result in the finding of evidence of criminal activity.<br />

Any search will be conducted by a member of security, with your consent, in the<br />

presence of an agreed witness. Where a personal search is necessary, this will be<br />

carried out by a person of the same sex as the person being searched. The personal<br />

search may involve you being invited to empty your pockets, bags, etc. No physical<br />

contact will be made. Searches will be carried out courteously, sensitively and<br />

discreetly. An individual has the right to be searched in a private room.<br />

You may refuse to permit the search and there is no disciplinary sanction for this.<br />

However, as the reasons we ask to search you may amount to misconduct, we may<br />

invoke the Disciplinary Procedure and inferences may be drawn from your refusal to<br />

be searched.<br />

We may at any time invite the police to search, with or without a warrant, <strong>FSA</strong><br />

premises and/or people present on <strong>FSA</strong> premises who are suspected of criminal or<br />

other illegal activity. If you refuse to permit the search to take place, your refusal<br />

may be treated as gross misconduct and action taken in accordance with the<br />

Disciplinary Procedure.<br />

Photography on <strong>FSA</strong> our premises<br />

There are many departments in the <strong>FSA</strong> who work with sensitive commercial<br />

information. Photography within <strong>FSA</strong> premises is a potential risk to the security of<br />

this information.<br />

Where there is commercial photography or filming inside our premises, the<br />

photographer will need authority from the Press Office. Photographers must always<br />

be hosted and escorted into the building and must have a specific brief as to what<br />

they can and cannot photograph. Security must be notified in advance of any<br />

commercial photography within <strong>FSA</strong> premises.<br />

If you or one of your visitors wish to take photographs inside our premises for<br />

personal reasons, this is generally restricted to public areas such as reception. If you<br />

wish to take photographs inside office areas, you must seek permission from the<br />

Corporate Protection and Resilience Department, who will not generally object, but<br />

will make certain you are aware that you are restricted from photographing<br />

documents, security devices, computers and data rooms.<br />

Flexitime – swipe system<br />

Our Flexitime scheme requires participants to swipe in and out on the floor on which<br />

they work, using the Flexitime swipe machines. Swiping results in an automatic log<br />

of your identity and the time of swiping. These logs are routinely reviewed both to<br />

administer and audit the Flexitime scheme. The logs may also be subject to random<br />

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checking, including cross-checking with the security system time-logs, in<br />

circumstances such as (but not limited to):<br />

• auditing overtime claims by cross-checking records to ensure there are no claims<br />

under both the Flexitime and overtime rules for the same time period;<br />

• where we reasonably believe a member of staff is in breach of their contract or<br />

another of our rules (for example, in relation to working hours obligations), or is<br />

otherwise abusing our trust;<br />

• where we reasonably believe a criminal offence has been or may be committed;<br />

• where we have a reasonable belief that there has been, or there is about to be, a<br />

breach of security.<br />

Failure to comply with the rules in this policy may lead to disciplinary action being<br />

taken against you, including dismissal.<br />

Please note that this policy does not form part of your Contract of Employment. It<br />

will be reviewed, updated and amended from time to time and it is important that you<br />

familiarise yourself with any changes.<br />

Contractual information (start)<br />

Document security<br />

At the close of business each day, all papers and laptops should be locked away.<br />

During the working day, papers should not be left unattended in a way that makes it<br />

easy for unauthorised persons to read or take copies.<br />

Only sufficient copies of papers should be made for the needs of filing and<br />

appropriate distribution. Lost confidential papers should be reported to your line<br />

manager immediately. All confidential papers must be disposed of in the confidential<br />

waste system.<br />

Security of computers<br />

You must not attempt to access computer systems or the data held on them unless<br />

you have been given the necessary authority. As a general rule, you must not give<br />

your password to anyone else unless you believe someone has a legitimate reason to<br />

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need it. If you do give your password to anyone, you must change your password as<br />

soon as practical afterwards, by using the change password option, or by contacting<br />

the IS Helpdesk.<br />

Misuse of the computer system(s) and the data held on them, which causes or could<br />

cause embarrassment, loss or inconvenience to the <strong>FSA</strong>, its regulated firms or any<br />

other organisation about which we hold or are able to access information, will be<br />

regarded as a disciplinary offence, which could result in dismissal.<br />

Please refer to the Disciplinary Procedure for further information.<br />

Security over the telephone/fax machine<br />

You are reminded that there is no guarantee of security over the telephone network.<br />

All telephone conversations should be conducted with this in mind.<br />

Caution must be exercised when transmitting confidential and sensitive data by fax to<br />

ensure that confidentiality is maintained by all parties.<br />

Security vetting<br />

<strong>FSA</strong> employees undergo a pre-employment check, which incorporates all elements of<br />

the Government Baseline Personnel Security Standard checks. This means that <strong>FSA</strong><br />

staff can have access to all grades of <strong>FSA</strong> information and certain grades of<br />

Government-owned Protectively Marked information without further screening<br />

(subject, in each case, to having a business need to know the information).<br />

Some posts, whilst not requiring employees to have access to Protectively Marked<br />

information, need post-holders to have constant access to sensitive <strong>FSA</strong> information.<br />

Post-holders should therefore be screened at regular intervals to validate that they<br />

continue to meet the Fit and Proper Test for Approved Persons. The <strong>FSA</strong> has set its<br />

risk appetite at 5 years for re-screening designated post-holders, which is the elapsed<br />

period since initial screening or last re-screening if still in a designated post. If the<br />

individual leaves a designated post, the requirement for re-screening lapses, but a<br />

person will be re-screened if they subsequently move to another designated post and<br />

more than 5 years has elapsed since last screening.<br />

For constant and regular access to the higher Protectively Marked material, the<br />

Cabinet Office policy requires individuals to be security vetted in line with National<br />

Security Vetting (NSV) standards. Additionally, for some roles, NSV clearance may<br />

be specified to recognise the fact that the appointment gives the post-holder<br />

opportunities to damage the national interest or has a sufficient impact on reputation<br />

to require a higher degree of assurance than the Fit and Proper Test for Approved<br />

Persons.<br />

The <strong>FSA</strong>’s policy is to undertake national security vetting on a role need basis. If you<br />

are recruited into a job that requires you to be security cleared, your appointment will<br />

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e conditional upon the appropriate level of clearance being granted and maintained.<br />

This applies whether the recruitment is internal or external.<br />

If the nature of the role in which you are currently working changes, or if the security<br />

requirements placed on the role change, your manager will discuss the implications<br />

with you after consultation with your HR Business Partner.<br />

Personal and <strong>FSA</strong> property<br />

You are responsible for ensuring that any of the <strong>FSA</strong>’s property in your possession is<br />

properly safeguarded and kept secure at all times. Any loss should be immediately<br />

reported to the Security Control Room.<br />

We do not accept responsibility for loss of, or damage to, private property (including<br />

cash). You should ensure that personal property, especially handbags, are not left<br />

unattended and are locked away. Any missing article should be reported immediately<br />

to the Security Control Room on ext. 63838.<br />

On leaving the <strong>FSA</strong>’s employment, you must ensure that you return all equipment<br />

and other items belonging to the <strong>FSA</strong>.<br />

Contractual information (end)<br />

Please report any photography inside our premises that you are suspicious of or that<br />

you believe has not been approved.<br />

Who is covered by this policy?<br />

This policy covers all permanent and fixed-term employees.<br />

Ownership, updates and query management<br />

This is our security policy as at May 2011.<br />

The policy is owned by the Corporate Protection & Resilience Department and has<br />

been developed in conjunction with the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at our discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment, unless<br />

otherwise stated.<br />

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Travel Health Policy<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

The aim of this policy is to minimise risks, as far as is reasonably practicable, to<br />

the health of staff who undertake business travel, and to minimise the impact of<br />

travel-related ill-health.<br />

The <strong>FSA</strong> will ensure that all employees who travel on business are:<br />

• adequately prepared for their journey;<br />

• fit to undertake that journey;<br />

• briefed with journey specific travel health advice and receive<br />

necessary vaccinations.<br />

What the <strong>FSA</strong> expects from you<br />

• Take the precautions as set out below.<br />

The policy<br />

Fitness to travel<br />

Prior to undertaking any short-term overseas business travel, you are encouraged to<br />

undergo a health assessment with the Occupational Health Adviser (OHA) to ensure<br />

your fitness to travel:<br />

• The initial assessment will be in the form of a health questionnaire.<br />

• Should any health issues be disclosed, it may be necessary for you to be assessed<br />

further either by your GP or a medical advisor appointed by the <strong>FSA</strong>.<br />

• Should you be considered unfit to travel, your line manager will be notified in<br />

writing by the OHA. This notification will not disclose the reason you are unfit<br />

to travel.<br />

• Journeys to destinations of high risk (as determined by the TRAVAX database<br />

that is accessible by the OHA) may need to be delayed to ensure you are fully<br />

protected by recommended and/or compulsory vaccines.<br />

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Pre-travel preparation – role of the OHA<br />

Specialist travel health advice is available from the on-site OHA, who can be<br />

contacted on extension 63900. The OHA will provide pre-travel advice and details of<br />

the necessary vaccinations.<br />

If you undertake business travel, you are encouraged to make an appointment with<br />

the OHA (through the HR Helpline) four to six weeks before departure to allow<br />

sufficient time to ensure adequate protection.<br />

In addition to assessing your fitness to travel, the OHA will provide:<br />

• advice on the management of any pre-existing health conditions that may be<br />

adversely affected by international business travel;<br />

• journey specific and any other necessary travel health education and information<br />

using the TRAVAX database;<br />

• referral to a Health Centre for travel vaccinations as appropriate to risk by<br />

destination;<br />

• emergency response traveller’s first-aid kit according to risk by destination<br />

• sterile medical equipment pack as required according to risk by destination<br />

• advice on the risks of malaria and its prevention, and malaria tablets for those<br />

travelling to malarious areas.<br />

Anyone who requests Mefloquine will be required to complete a checklist and be<br />

seen by a medical practitioner.<br />

At the end of the consultation you will be asked to sign a declaration stating that, to<br />

the best of your knowledge, you have received the appropriate travel health advice,<br />

immunisation(s) and/or malaria prevention medication appropriate to the<br />

country/countries you are visiting.<br />

If you refuse the recommended immunisation, the OHA will inform your line<br />

manager and the Health and Safety Officer, who will consider the health and safety<br />

implications. This is to ensure that, as an employer, <strong>FSA</strong> we fulfil our duty of care to<br />

you and that, as an employee, you are not in breach of health and safety legislation.<br />

This could include a decision that you do not travel on business to the high risk area.<br />

Post travel assessment<br />

If you have concerns about your health following a period of overseas business<br />

travel, you should contact your GP.<br />

A post-travel health assessment should be carried out in the following circumstances.<br />

• If you experience any travel-related medical condition while abroad.<br />

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• If you have a chronic disease or medical condition.<br />

• If you experience a fever, diarrhoea, vomiting, jaundice, urinary disorders, skin or<br />

genital infections in the weeks following your return from travel.<br />

• Following a long stay abroad (i.e. three months or more)<br />

• If you fall ill following your return to the UK.<br />

A medical assessment may include an appointment with the OHA, completion of a<br />

post-travel health assessment questionnaire, or an appointment with a physician.<br />

Staff travelling to low-risk areas<br />

If you are travelling to Western or Central Europe, North America, Australia or<br />

New Zealand, you need only contact the OHA if:<br />

• you have specific concerns regarding your trip;<br />

• you intend to hire a car and drive abroad, in which case you should carry a<br />

first-aid kit with you, which is available from the OHA;<br />

• you fall ill on your return.<br />

• You should also ensure, through your GP, that your British Vaccination Schedule<br />

is up to date.<br />

Who is covered by this policy?<br />

The policy applies primarily if you are travelling to 'high risk' areas (i.e. areas other<br />

than Western and Central Europe, North America, Australia and New Zealand).<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Travel Health Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at our discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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6 Joining the <strong>FSA</strong><br />

Recruitment Policy<br />

We believe the <strong>FSA</strong>’s success depends on having the right people in the right jobs<br />

within the organisation.<br />

The purpose of the <strong>FSA</strong>’s Recruitment Policy is to provide a framework to ensure we<br />

recruit, retain and develop the best person for each job.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will manage any recruitment in line with the following key principles.<br />

• We will treat applicants fairly and, where necessary, we will vary our selection<br />

processes to accommodate the needs of disabled applicants.<br />

• We will recruit people who not only have the right skills and behaviours for the<br />

job, but who also have a strong commitment to the <strong>FSA</strong> and our aims.<br />

• We will train our recruiters and use selection processes that are fair, consistent<br />

and objective.<br />

• We will provide successful applicants with the training, coaching and<br />

development they need to do their job.<br />

• We will encourage employees to develop their careers within the <strong>FSA</strong>; however,<br />

promotions will only take place following an open advertising process.<br />

• We recognise the diverse community in which we operate and encourage<br />

applications for jobs from applicants irrespective of race, disability, gender,<br />

gender reassignment, pregnancy and maternity, religion or belief, marriage or<br />

civil partnership, sexual orientation or age (protected characteristics for the<br />

purposes of the Equality Act 2010) (or any other factor that is irrelevant to the<br />

job).<br />

• We will not tolerate any form of discrimination in the workplace.<br />

• There may be managed moves, as described in this policy, whereby we may not<br />

advertise a specific role.<br />

What the <strong>FSA</strong> expects from you<br />

We expect employees to:<br />

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• apply for jobs using the <strong>FSA</strong>’s recruitment process;<br />

• declare any performance improvement or disciplinary warnings to the<br />

recruiting manager;<br />

• inform your line manager if you are applying for an internal vacancy.<br />

The policy<br />

• Where possible, vacancies will be openly advertised using the <strong>FSA</strong>'s online<br />

recruitment system, unless there is a good business reason for not doing so.<br />

• Applications will be submitted for jobs using the <strong>FSA</strong>'s online<br />

recruitment system.<br />

• Shortlisting will take place against the essential and desirable criteria for the<br />

job, and interviews will take place using a range of competency based and<br />

technical questions.<br />

• The assessment process will be tailored to the requirements of the vacancy and<br />

will comprise one or more of a range of exercises, e.g. interview(s), role play,<br />

in-tray exercise, presentation, tests, etc.<br />

• The job will be offered to the best person for that job, taking into account the<br />

essential and desirable criteria for the role.<br />

• All applicants will be informed of the outcome of their application in a<br />

timely manner<br />

• Applicants must meet the <strong>FSA</strong>’s standard for referencing and vetting, including,<br />

but not limited to, the right to work in the UK, satisfactory credit checks,<br />

employment references, criminal record checks and, where necessary, HMG<br />

Security Clearance (see the Security Policy for further information on checks).<br />

Internal moves<br />

Please note that if you are on the Supervisory Enhancement Programme, some<br />

elements of this section may vary.<br />

<strong>Employee</strong>s are encouraged to develop their careers within the <strong>FSA</strong> and<br />

discuss internal moves with their line manager, preferably through Talent<br />

Management discussions.<br />

Before you apply for another job, you must have:<br />

• informed your line manager;<br />

• successfully completed your probationary period;<br />

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• have been in your current role for a minimum period of 12 months – this may<br />

differ for supervision areas where the expectation may be two years (for further<br />

details please see the Tenure for Supervisory Managers Policy); and<br />

• told the recruiting manager if you have a live performance improvement plan or<br />

disciplinary warning.<br />

During the recruitment process:<br />

• If you are invited to the final stage of the recruitment process, before attending,<br />

you must:<br />

• provide the recruiting manager with a copy of your last appraisal and;<br />

• inform the recruiting manager if you have a live performance improvement plan<br />

or disciplinary warning<br />

• Following the recruitment process:<br />

If you are successful:<br />

• you will be expected to remain in your new role for a minimum period of<br />

12 months.<br />

• If you are unsuccessful:<br />

• you will receive feedback as to why;<br />

• you are encouraged to discuss the feedback with your current line manager and<br />

address any development points.<br />

Transfers to new jobs will normally take place within four weeks of offer (plus any<br />

leave that has been agreed during this period), unless the line managers of the<br />

respective areas agree otherwise. When agreeing a transfer date, line managers will<br />

need to take existing and new priorities into account.<br />

Connect a friend policy<br />

You can receive an incentive payment for introducing candidates for permanent or<br />

fixed term contract positions in excess of 12 months. Please see the Connect a Friend<br />

Policy for conditions.<br />

Internal secondments<br />

From time to time, short-term opportunities arise, which can be offered up as internal<br />

secondments to employees within the <strong>FSA</strong>. These short-term opportunities arise for a<br />

number of reasons, e.g. to provide cover for maternity leave, long-term sickness,<br />

external secondments, or to support a department through a peak in workloads.<br />

Internal secondments provide a short-term opportunity for employees to develop<br />

further the skills, knowledge and behaviours valued by the organisation.<br />

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Your current line manager must agree that you can go back to your original job when<br />

the secondment finishes. If it is not possible to return to your original job (e.g. due to<br />

a restructure), you will return to a similar job on terms, that will be no less favourable<br />

than the job that you left.<br />

Re-employment<br />

Former employees whose previous employment with the <strong>FSA</strong> proved satisfactory<br />

may be re-employed, subject to the normal recruitment process.<br />

Circumstances where jobs might not be advertised<br />

• There will be occasions when jobs are filled without advertising the vacancy.<br />

This will generally only happen in the following circumstances:<br />

• Where speed of movement is the primary consideration.<br />

• Where a managed or ‘directed’ move is a key element in someone’s career<br />

development or will help the <strong>FSA</strong> spread new ideas and practices across<br />

the organisation.<br />

• Where the skills and behaviours required for the new job are confined to very few<br />

individuals within the <strong>FSA</strong>.<br />

• Where employees at risk of redundancy need to be redeployed directly into a job.<br />

• Where divisions reorganise and one or more of the above points apply.<br />

Who is covered by this policy?<br />

This policy covers all employees who have successfully completed their<br />

probationary period.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Recruitment Policy as at October 2010.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Probation Policy<br />

The <strong>FSA</strong> believe it is important to have a probationary period because it gives the<br />

employee the opportunity to understand what is required of them in the job and an<br />

opportunity to demonstrate that they are able to apply the technical and behavioural<br />

skills and attendance levels required.<br />

The probationary period also provides an opportunity for the <strong>FSA</strong> to provide the<br />

training and coaching required in the job, and for the line manager and the employee<br />

to discuss progress in the job. In this way, the employee can ascertain whether this is<br />

the right job for them, and the <strong>FSA</strong> can ascertain whether the employee is right for<br />

the job.<br />

If there are any problems with performance, behaviour or attendance during the<br />

probationary period, the line manager will talk to the employee and identify ways<br />

of providing support to address any problems.<br />

The purpose of this policy is to provide a framework for managing probationary<br />

periods in a fair and consistent way.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

During your probationary period you can expect your line manager to do as follows:<br />

• Make you aware of the standards required of you.<br />

• Let you know how your performance will be measured.<br />

• Provide training and support to help you meet the standards required.<br />

• Review your progress against the standards required.<br />

• Meet with you to discuss your progress and agree any additional support that is<br />

needed to help you meet the standards required.<br />

• Make you aware of the consequences of not meeting the standards.<br />

What the <strong>FSA</strong> expects of you<br />

We expect you to do as follows:<br />

• Talk to your line manager if you are unclear about the standards expected of you.<br />

• Let your line manager know at an early stage if you are struggling to perform<br />

to the standards required of your job – they will then be able to provide the help<br />

you need.<br />

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• Apply any training, coaching or other support provided to help you in your job –<br />

and ask if you need additional help.<br />

• Take personal responsibility for undertaking your job to a satisfactory standard.<br />

The policy<br />

• Line managers will provide the induction required for the role.<br />

• You will have objectives that explain what is required in the role and how you<br />

will be measured.<br />

• Your line manager will meet with you during your probationary period to discuss<br />

progress in the job, where you are meeting or exceeding the requirements of the<br />

role and where you need further development.<br />

• Appropriate training, coaching or development will be put in place.<br />

• Any issues or problems will be managed in accordance with the appropriate<br />

<strong>FSA</strong> policy.<br />

• You will be told the status of your probationary period e.g. is it completed<br />

to our satisfaction, is an extension required, or are we considering ending<br />

your employment.<br />

Dealing with problems during the probationary period<br />

Absence due to sickness<br />

All sickness should be managed in line with the <strong>FSA</strong>’s Sickness Absence Policy.<br />

If you are absent for a significant part of your probation due to sickness and there’s<br />

an underlying medical condition, which is likely to be considered a disability under<br />

the Equality Act 2010 or because of pregnancy, line managers can get help from<br />

Occupational Health through the HR Helpline.<br />

Underperformance<br />

Underperformance during the probationary period may indicate a mismatch in the<br />

skills of the new employee and the needs of the role. It is important that everyone is<br />

clear on the standards of performance expected of them, but this is particularly<br />

important for new employees. Line managers must regularly monitor the<br />

performance of new employees to identify and address problems quickly.<br />

If, during your probationary period, your level of performance does not meet the<br />

standards required for the job you are doing, your line manager will talk to you in<br />

accordance with the requirements of the Performance Management Procedure.<br />

Misconduct<br />

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We expect employees to comply with reasonable instructions, the terms of<br />

their contract of employment and the <strong>FSA</strong>’s conduct, policy, security and<br />

compliance standards.<br />

Cases of misconduct should be managed in line with the <strong>FSA</strong>’s Disciplinary<br />

Procedure. Line managers should speak to the HR Helpline if they need any advice<br />

or guidance.<br />

What to do at the end of the probationary period<br />

At the end of the probationary period (which is stated in your contract), the line<br />

manager needs to decide whether:<br />

• you meet the required standards and your employment is to be confirmed;<br />

• they need more time to assess you and want to extend the probationary period; or<br />

• you have not met the standards set and they want to end your employment.<br />

Confirm employment<br />

The line manager will receive an automated request to confirm whether an<br />

employee’s employment should be confirmed. The line manager should complete<br />

and return the confirmation form as per the instructions, following which the<br />

employee will receive an email confirming the successful completion of their<br />

probationary period.<br />

Extend the probationary period<br />

Generally, the probationary period provides enough time to assess an employee’s<br />

performance and behaviour, and should only be extended in exceptional<br />

circumstances. If an improvement in performance or behaviour is still required, or the<br />

line manager wants to make sure any improvement can be maintained, it may be<br />

appropriate to extend the probationary period.<br />

Line managers may also want to extend the probationary period, if the employee has<br />

had a large amount of time off sick during this period or their time-keeping or<br />

attendance has been a problem.<br />

Timescales for extensions will vary according to the individual case; however, a one<br />

month extension should be generally provide sufficient time for review. It is unlikely<br />

that any probation would need to be extended by more than three months – line<br />

managers should contact the HR Helpline for advice if this is the case.<br />

If the probationary period is extended, the line manager must clearly outline what the<br />

employee needs to do to meet the required standard.<br />

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End employment<br />

Ending an employee’s employment either during or at the end of their<br />

probationary period is regarded as a dismissal and the <strong>FSA</strong>’s Dismissal<br />

Procedure must be followed.<br />

Who is covered by this Policy?<br />

This policy covers all <strong>FSA</strong> employees who are in their probationary period. This is<br />

stated in your contract:<br />

Contractual information (start)<br />

Job Title Probationary Period<br />

Head of Department, Manager & Associate: Six months<br />

Administrator/Secretary:<br />

Three months<br />

Job Title Length of contract Probationary Period<br />

Head of Department, Manager &<br />

Associate<br />

:<br />

Less than 1 year One month<br />

One year and over Three months<br />

Administrator/Secretary: Less than 1 year One month<br />

Contractual information (end)<br />

Ownership, updates and query management<br />

One year and over One month<br />

This is the <strong>FSA</strong>’s Probationary Policy as at August 2010.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at our discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

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Contractual status of this policy<br />

This policy does not form part of your contract of employment. Your contractual<br />

probationary period is stated in your contract of employment.<br />

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Tenure Periods for Supervisory Managers<br />

As part of the <strong>FSA</strong>’s drive for continuous enhancement of its supervision of firms,<br />

we operate a presumption of minimum and maximum tenure periods for employees<br />

at Manager level working in a supervisory area.<br />

The purpose of the <strong>FSA</strong>'s Tenure Policy is to provide a framework to ensure that key<br />

personnel responsible for the management of relationships with firms:<br />

• Have sufficient familiarity with the business and personnel of the firm to ensure<br />

appropriate supervision at all times<br />

• Do not provide others with the opportunity to form erroneous perceptions of<br />

over-familiarity with the firm.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will manage the tenure requirements in a way that:<br />

• Takes account of operational requirements<br />

• Does not unreasonably restrict opportunities for promotion.<br />

What the <strong>FSA</strong> expects from you<br />

We expect affected employees normally to:<br />

• remain in post for at least 2 years after being appointed to manage the<br />

relationship with a particular firm<br />

• move to another role after a maximum of 5 years managing the relationship with<br />

a particular firm<br />

• discuss with line management the appropriateness of applying for promotion<br />

opportunities that occur within the first 2 years in the post<br />

• have their Director’s permission to apply for other roles, including promotion<br />

opportunities, that occur within the first 2 years in post<br />

• be ineligible to apply for career leave or secondment opportunities during the first<br />

2 years in post<br />

Summary of the tenure process<br />

• tenure requirements will be included in advertisements for appropriate roles<br />

• tenure will be monitored under the Finance reporting process<br />

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• the tenure period will start on the day the appointment is taken up<br />

• probation and induction training will count towards tenure periods for<br />

new recruits<br />

• continuous periods of absence of more than 3 months will not count towards<br />

tenure calculation but will be added to time actually at work to calculate<br />

minimum and maximum periods<br />

• Line managers will consider whether it is appropriate to continue an absentee’s<br />

allocation to the firm or whether to allocate to a new role on return from absence<br />

• Line managers and affected employees will discuss the arrangements for moving<br />

to another role at least 3 months before the 5 year period expires<br />

• <strong>Employee</strong>s who have completed the maximum period of 5 years managing<br />

the relationship with a particular firm will not be able to return to that role for<br />

at least 2 years<br />

Who is covered by this policy?<br />

This policy covers all employees at Manager level working in a supervisory area.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Tenure Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>'s Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Relocation Policy<br />

This policy sets out the <strong>FSA</strong>’s provisions for financial assistance for relocation. At<br />

the discretion of the Divisional Director, this assistance may be given to newly<br />

appointed employees at Associate level and above whom, as a direct result of<br />

accepting a position with the <strong>FSA</strong> incurs expenses in relocating their home nearer to<br />

the <strong>FSA</strong> location. This assistance may also be given to current employees who are<br />

moving to/from the Edinburgh and London offices.<br />

This policy is for employees who relocate on a permanent basis or a fixed-term of a<br />

period that the <strong>FSA</strong> considers sufficiently substantial on a case by case basis (usually<br />

2 years or more). Secondees are not covered by this policy as separate expenses<br />

arrangements are in place through the Secondment Team.<br />

Relocation assistance will be judged on a case-by-case basis by considering the<br />

employee's individual situation and the business needs of the <strong>FSA</strong>. The <strong>FSA</strong><br />

therefore retains discretion to allow or not allow relocation assistance, or to tailor the<br />

extent of any relocation assistance to suit the particular circumstances of each case.<br />

However, the <strong>FSA</strong> will always act fairly and in a non-discriminatory manner.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• When we offer you a role, we will agree any financial assistance that might apply<br />

in respect of your relocation. This will be confirmed in writing.<br />

• The Divisional Director, in conjunction with the relevant Recruitment contact,<br />

will consider the facts of the case before communicating their decision in respect<br />

of any relocation assistance.<br />

• Reasonable relocation assistance will only be provided to newly appointed<br />

employees, or employees transferring between the <strong>FSA</strong>’s London and Edinburgh<br />

offices, following written agreement by the Divisional Director.<br />

• Payment will be made through the Staff Expenses Process, supported by receipts<br />

and authorised by the appropriate level of manager as set out in the Expenses<br />

Policy.<br />

• Any agreed relocation assistance is a contribution to the cost of relocation only<br />

and is not intended to meet fully all costs associated with relocation, although it<br />

may do so in some circumstances.<br />

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What the <strong>FSA</strong> expects from you<br />

• You will not pay for or commit to any relocation expenses until the <strong>FSA</strong>’s<br />

relocation assistance has been confirmed in writing.<br />

• You will provide the <strong>FSA</strong> with original receipts and invoices from all relocation<br />

expenses, in line with HM Revenue & Customs (HMRC) guidance (see below).<br />

• You will only spend the relocation assistance on items authorised by HRMC<br />

guidance.<br />

The policy<br />

Eligibility<br />

At the discretion of the <strong>FSA</strong>, financial assistance for relocation may be made<br />

available to employees at Associate level and above and will be restricted to roles<br />

that are considered to be critical roles and/or requiring key skills at that time.<br />

If you are eligible for relocation assistance you will be advised of this by the<br />

recruiting manager or the Recruitment Team contact when we offer you the role. This<br />

will then be confirmed in writing.<br />

To be eligible for relocation assistance, your main residence at the time of offer must<br />

not be within what the <strong>FSA</strong> consider to be reasonable travelling distance of your new<br />

place of work.<br />

Your new permanent residence must be within what the <strong>FSA</strong> consider to be<br />

reasonable daily travelling distance of the new <strong>FSA</strong> location. We recommend a<br />

maximum journey time of 90 minutes each way.<br />

Amount available<br />

The exact amount of any relocation assistance will be determined by the Divisional<br />

Director (or Managing Director if there is no Divisional Director), in conjunction<br />

with the relevant Recruitment contact from the HR Division, and based upon the<br />

specific needs of the case. The maximum level of relocation assistance provided by<br />

the <strong>FSA</strong> will be £8,000 (see below for tax details). It will be paid through the Staff<br />

Expenses Process, supported by receipts and authorised by the appropriate level of<br />

manager (see the Expenses Policy).<br />

This policy provides for a contribution to the cost of relocation only and is not<br />

intended to meet fully all costs associated with relocation, although it may do so in<br />

some circumstances.<br />

Taxation<br />

All offers of relocation assistance are subject to HM Revenue & Customs<br />

regulations. You are responsible for any statutory income tax and national insurance<br />

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liability incurred as a result of receiving relocation assistance. The first £8,000 is<br />

exempt from tax providing that certain conditions are met, including that the new<br />

property is your main residence. Relocation costs above £8,000 (as at 2010) are a<br />

taxable benefit. The <strong>FSA</strong> is not responsible for tax advice on these matters so you are<br />

responsible for seeking advice and following legal guidelines as exist from time to<br />

time.<br />

Relocation must be completed before the end of the tax year (5 April) after the one in<br />

which you take up your new position.<br />

The relocation assistance may be spent on, but is not limited to, the following goods<br />

or services, as in line with the HMRC guidance:<br />

• transporting your belongings to the new residence;<br />

• domestic goods for the new residence;<br />

• legal fees associated with the selling of your existing home or the buying of a<br />

new property; and<br />

• associated travel and subsistence costs.<br />

See HMRC guidance for full details of the goods and services that are covered under<br />

the tax exemption threshold and any conditions.<br />

Repayment of relocation assistance<br />

You will be offered relocation assistance only if you agree (in advance) to the<br />

repayment terms in the event that, within 2 years from the date of payment of<br />

relocation expenses, your employment is terminated for reasons of resignation,<br />

dismissal for capability or conduct. Those offered relocation assistance will be<br />

required to sign an agreement to this effect. Repayment will not, however, be<br />

required if the reason for your termination of is redundancy.<br />

The amount payable is reduced proportionally and is as follows:<br />

Period of service (from the date of<br />

payment of relocation assistance)<br />

Leaving within 0-6 months 100%<br />

Leaving within 7-12 months 75%<br />

Leaving within 13-18 months 50%<br />

Leaving within 18- 24 months 25%<br />

Amount to be repaid (as % of total<br />

expenses)<br />

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In the event that you do not relocate within the required timescales (see Authorisation<br />

below), you will be asked to repay all of the relocation assistance given.<br />

Authorisation<br />

If you request or are offered financial assistance with relocation, you should obtain<br />

the prior written agreement of your Divisional Director (or Managing Director if<br />

there is no Divisional Director) before committing to any spend. They will confirm<br />

the amount of any relocation assistance that you will receive, following discussions<br />

with their contact from the HR Division.<br />

All relocation expenses must be claimed within a timeframe as stated in your offer<br />

letter or as otherwise set out by the HMRC.<br />

Who is covered by this policy?<br />

This policy covers all employees excluding secondees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Relocation Policy as at September 2010.<br />

The policy is owned by HR Division and has been developed in conjunction with the<br />

<strong>FSA</strong>'s Staff Consultative Committee.<br />

Relocation assistance is discretionary. It is not a contractual entitlement and the <strong>FSA</strong><br />

reserves the right to withdraw it at any time - any changes will be published on the<br />

intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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7 Leaving the <strong>FSA</strong><br />

Leaving the <strong>FSA</strong> Policy<br />

If you leave the <strong>FSA</strong> for any reason we will manage your exit in a fair and<br />

consistent manner.<br />

The purpose of this policy is to outline the <strong>FSA</strong>’s arrangements for managing<br />

employees who are leaving the organisation and your obligations during this period.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• We will process your resignation in an accurate and timely manner.<br />

• We will pay you salary and benefits up to your leaving date.<br />

• We will pay your final salary and any other monies owing to (subject to any<br />

deductions if any) you on pay day of the month that you leave – providing we<br />

have received your leaving details before our payroll cut-off for that month.<br />

• We will pay your final salary and any other monies owing to you on pay day<br />

of the month after you leave if we receive your leaving details after our payroll<br />

cut-off in the month that you leave.<br />

• We will deduct any monies you owe us from your last salary payment – and<br />

where there are insufficient funds available, we will expect you to send us a<br />

cheque for the outstanding sum.<br />

• We will pursue all lawful means to recover any monies you owe us.<br />

• Other than where we may terminate your employment summarily with or without<br />

payment in lieu of notice we will give you notice to terminate your employment<br />

in line with your contract of employment or statutory requirements – whichever is<br />

the greater.<br />

• We will pay you in lieu of the balance of any notice owed if, for any reason, we<br />

are unable to give you the notice required by your contract or the law or if we<br />

elect to pay you in lieu of notice.<br />

• We will provide you with a standard reference providing you have given us<br />

written permission to do so.<br />

• We will ask you to complete an online exit questionnaire. This questionnaire is<br />

anonymous and managed by a third party, and will give you an opportunity to say<br />

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what you liked about the <strong>FSA</strong>, why you are leaving, and what you did not like<br />

about the <strong>FSA</strong>.<br />

What the <strong>FSA</strong> expects of you<br />

• Give us notice of your resignation in line with the timescales provided in your<br />

contract of employment.<br />

• Work your agreed notice period and maintain high standards of work and<br />

behaviour during this time.<br />

• Provide us with timely and accurate details of holidays and monies owed e.g.<br />

sponsored studies, return-to-work bonus following maternity/adoption/Additional<br />

Paternity Leave, season ticket loan.<br />

• Give us written permission to provide references for you (if you want us to do<br />

so).<br />

• Talk to your line manager if you want to leave earlier than the end of your notice<br />

period and establish whether the business can accommodate this.<br />

• Repay any monies you owe to the <strong>FSA</strong> in your final salary payment – and where<br />

insufficient funds are available, to pay any balance owed by cheque.<br />

What you can expect of your line manager<br />

• Listen to your reasons for wanting to leave earlier than the timescales<br />

required by your contract of employment, and to make a decision based on<br />

business requirements.<br />

Pay review<br />

You will not be entitled to be considered for Pay Review or the Annual Individual<br />

Incentive Plan if you are under notice (given or received) up to 31 March.<br />

Summary of the process<br />

• Notice is given that you will be leaving the <strong>FSA</strong>. If you resign from the <strong>FSA</strong> you<br />

must complete the Resignation Form (under “Forms” on Connect+)<br />

• You provide information relating to holidays and monies owed e.g. sponsored<br />

studies, return-to-work bonus following maternity/adoption/Additional Paternity<br />

Leave, season ticket loan<br />

• You agree earlier leaving date with line manager (where appropriate)<br />

• Revised leaving date is provided to the HR Helpline (where appropriate)<br />

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• Resignation is processed by HR Transactions and any outstanding payments are<br />

made<br />

• You return all <strong>FSA</strong> property on or before the termination date<br />

• References provided to future employers on request<br />

The policy<br />

Contractual information (start)<br />

This section up to “re-employment” contains information that forms part of your<br />

contract of employment.<br />

Resignation<br />

If you want to leave the <strong>FSA</strong> you are required to complete an online Resignation<br />

Form and forward it to your line manager and the HR Helpline. This eform acts as<br />

your letter of resignation, so do not complete it and send it on unless you are certain<br />

you want to resign.<br />

Notice periods for permanent employees<br />

The following table shows the notice periods required for employees on<br />

permanent contracts:<br />

Job title <strong>Employee</strong>s in their<br />

probationary period<br />

Notice from<br />

the <strong>FSA</strong><br />

Notice to the<br />

<strong>FSA</strong><br />

<strong>Employee</strong>s who have passed<br />

their probationary period<br />

Notice from<br />

the <strong>FSA</strong><br />

Notice to the<br />

<strong>FSA</strong><br />

Director 3 months 3 months 6 months 6 months<br />

Head of Department One month One month 3 months 3 months<br />

Manager One month One month 3 months 3 months<br />

Technical specialist One month One month 3 months 3 months<br />

Associate One month One month 3 months 3 months<br />

Administrator/Secretary One week One week 1 month 1 month<br />

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Notice periods for employees on fixed-term contracts<br />

The following table shows the notice periods required for employees on<br />

fixed-term contracts:<br />

Job title & Contract<br />

Duration<br />

Associate and above - up to<br />

one year<br />

Associate and above - more<br />

than<br />

one year<br />

Administrator/Secretary - up<br />

to<br />

six months<br />

Administrator/Secretary - over<br />

six months and up to five<br />

years<br />

<strong>Employee</strong>s in their<br />

probationary period<br />

Notice from<br />

the <strong>FSA</strong><br />

Notice to the<br />

<strong>FSA</strong><br />

<strong>Employee</strong>s who have passed<br />

their probationary period<br />

Notice from<br />

the <strong>FSA</strong><br />

Notice to the<br />

<strong>FSA</strong><br />

One week One week One month One month<br />

One month One month 3 months 3 months<br />

One week One week One week One week<br />

One week One week One month One month<br />

Summary (i.e. instant) dismissal<br />

The <strong>FSA</strong> has the right to terminate your employment immediately without an<br />

entitlement to notice or compensation if you breach the terms and conditions of your<br />

employment, are guilty of conduct that brings or may bring the <strong>FSA</strong> into disrepute<br />

and/or in the case of gross misconduct (see the Disciplinary Procedure).<br />

Working your notice period<br />

You will normally be expected to work your full notice period. However, on<br />

occasions, following notice either by the <strong>FSA</strong> or by you, provided we continue to pay<br />

you your full contractual salary and benefits until your employment terminates in<br />

accordance with your contract of employment, the <strong>FSA</strong> is entitled during the notice<br />

period to:<br />

• exclude you from the premises of the <strong>FSA</strong>, and any regulated firm or other third<br />

party at which you may be working at the relevant time on behalf of the <strong>FSA</strong>;<br />

and/or<br />

• require you to carry out specified duties for the <strong>FSA</strong> other than your normal<br />

duties; and/or<br />

• require you not to communicate in your capacity as an <strong>FSA</strong> employee with<br />

firms or organisations regulated by the <strong>FSA</strong>, other third parties or <strong>FSA</strong><br />

employees or officers.<br />

• require you to refrain from attending internal and external meetings, or forums<br />

that may present a conflict or are commercially sensitive in nature.<br />

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• In addition the <strong>FSA</strong> is entitled during the notice period to require that you:<br />

• do not have contact with employees or third parties except as authorised by us<br />

• do not to carry out all or part of your duties<br />

• return to us all documents, computer disks and other property belonging to us<br />

The <strong>FSA</strong> may in certain circumstances invoke our discretionary right to make<br />

payment in lieu of notice in relation to all or part of your notice period where you<br />

have not worked any notice or have worked some of your notice. Such payments<br />

will be at adjusted salary rate and will be subject to Income Tax and National<br />

Insurance Contributions.<br />

On leaving the <strong>FSA</strong>, you may not claim employment or connection with the <strong>FSA</strong><br />

(other than as a former employee) to any third party.<br />

We may require you to take any accrued untaken holiday which is above statutory<br />

minimum holiday during your notice period.<br />

Contractual information (end)<br />

Retirement<br />

The <strong>FSA</strong> does not operate a compulsory retirement age for our employees. If you<br />

decide to retire from the <strong>FSA</strong>, you should follow the resignation process as set out in<br />

this policy.<br />

Taking pension benefits while continuing to work for the <strong>FSA</strong><br />

If you are a member of the <strong>FSA</strong> Plan, you are eligible to take your pension benefits<br />

from age 60 and carry on working for the <strong>FSA</strong>. We will contact you 6 months before<br />

your 60th birthday to tell you about your options.<br />

Money Purchase members<br />

Members of the Money Purchase section aged over 55 may, subject to <strong>FSA</strong> approval,<br />

access their benefits before reaching normal retirement age. Approval is unlikely to<br />

be given whilst you are in active service but is likely to be granted once you have<br />

resigned from the <strong>FSA</strong>. This policy covers all employees who are members of the<br />

<strong>FSA</strong>’s Pension Plan.<br />

Re-employment<br />

Former employees whose previous employment with the <strong>FSA</strong> proved satisfactory<br />

may be re-employed, subject to the normal recruitment process.<br />

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Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the Leaving the <strong>FSA</strong> Policy as at October 2011.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>’s Staff Consultative Committee.<br />

This policy is not contractual except where specified to be contractual.<br />

The policy is subject to change at the discretion of the <strong>FSA</strong> – any changes will be<br />

published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment unless otherwise<br />

stated.<br />

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Employment References<br />

The <strong>FSA</strong> will provide employment references when asked and the purpose of this<br />

policy is to explain the <strong>FSA</strong>’s approach to providing employment references for<br />

employees and former employees.<br />

IMPORTANT NOTE:<br />

Only the HR Division is authorised to provide employment references for existing or<br />

ex-employees of the <strong>FSA</strong>.<br />

It is a condition of your employment that you do not give employment or character<br />

references, whether in the <strong>FSA</strong>’s name or otherwise, for existing or ex-employees.<br />

See the <strong>Employee</strong> Guidance pages for information on Confirmation of Employment<br />

letters for existing employees (e.g. for visa applications), financial references, etc.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will provide employment references for existing or ex-employees in accordance<br />

with the following principles:<br />

• The information we provide will take account of the duty of care we owe to both<br />

you and the recipient of the reference (usually a prospective employer).<br />

• We will only provide employment references if you have given us written<br />

permission to do so.<br />

• We will agree the wording of any employment references with you if you are<br />

dismissed or leave through a compromise agreement.<br />

• All employment references will be issued by the HR Division – line managers<br />

and colleagues do not have the authority to provide employment references.<br />

• We will comply with the specific referencing requirements of regulatory bodies<br />

where different rules, guidelines and timescales apply for certain types of job.<br />

• We will not provide employment references if you left the organisation more<br />

than ten years ago – this is because we no longer hold any records relating to<br />

your employment.<br />

What the <strong>FSA</strong> expects of you<br />

• We expect you to give the <strong>FSA</strong> written permission to provide an employment<br />

reference if you want us to do so.<br />

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The policy<br />

The <strong>FSA</strong>’s employment references procedure is summarised below:<br />

• If we receive a request for an employment reference while you are still in our<br />

employment, we will ask you for written permission to provide the reference.<br />

• If you want us to provide employment references once you have left our<br />

employment, we will need your written permission to do so. The resignation form<br />

will include a section that asks if you wish us to provide employment references<br />

for you.<br />

• All references provided by the HR Division will follow a ‘standard’ format. This<br />

means all employment references will:<br />

o be in writing<br />

o provide factual information such as:<br />

o dates of employment with the <strong>FSA</strong> ;<br />

o latest position held, e.g. associate;<br />

o latest division worked in.<br />

• Provide high-level information about levels of performance, honesty, integrity,<br />

attendance and timekeeping.<br />

o We will not:<br />

o provide verbal references;<br />

o provide testimonials or open references (e.g. To Whom It May Concern);<br />

o refer to any legal action or intended action by an employee or former<br />

employee including Employment Tribunal action against the <strong>FSA</strong> (unless we<br />

are required to by law).<br />

Frequently asked questions<br />

I am a line manager and have received a request to provide a written<br />

employment reference for a current/former employee. Can I provide one?<br />

No. HR Transactions own the employment reference process and no other person in<br />

the <strong>FSA</strong> has permission to provide an employment reference for any current or<br />

former employee. You need to forward the employment reference request to the HR<br />

Helpline and they will make sure it is dealt with appropriately.<br />

I am a line manager and a company has phoned me to ask for a verbal<br />

employment reference for a current/former employee. Can I talk to them<br />

about the individual?<br />

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No. The <strong>FSA</strong> does not provide verbal employment references. Ask the company to<br />

forward a written employment reference request to HR Transactions in the HR<br />

Division. HR Transactions own the employment reference process and no other<br />

person in the <strong>FSA</strong> has permission to provide an employment reference for any<br />

current or former employee.<br />

I have been asked to provide an employment reference for a current/former<br />

colleague. Can I do so?<br />

No. HR Transactions own the employment reference process and no other person in<br />

the <strong>FSA</strong> has permission to provide written or verbal references for any current or<br />

former employee. If the request is in writing, you need to forward it to the HR<br />

Helpline and they will deal with the request. If somebody has called you for a<br />

reference, ask them to forward a written employment reference request to HR<br />

Transactions in the HR Division.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Employment References Policy as at October 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at our discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Redundancy Policy<br />

The <strong>FSA</strong> is committed to ensuring that, if redundancies were to become necessary,<br />

they would be kept to a minimum wherever possible. Our priority would be to find<br />

alternatives to redundancy.<br />

This policy sets out measures that the <strong>FSA</strong> would take to avoid redundancies. It also<br />

emphasises the importance of consultation with employees as a means of finding<br />

alternatives to redundancy.<br />

For occasions when there is no alternative, this policy also sets out compensatory<br />

payments and other assistance that would normally be available to you (subject to<br />

conditions).<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• In fulfilling the requirements of its business and maintaining<br />

operational efficiency, the <strong>FSA</strong> aims to minimise and, wherever possible,<br />

to avoid redundancies.<br />

• The <strong>FSA</strong> is an equal opportunities employer and this policy will be operated in<br />

accordance with the <strong>FSA</strong>’s Equality of Opportunity Policy.<br />

• Those at risk of redundancy will be informed of a potential redundancy situation<br />

and the reasons for it and will be consulted about ways of avoiding redundancies.<br />

The <strong>FSA</strong> will be open about the selection criteria applied, but will respect your<br />

confidentiality by not making public individual profiles against these criteria.<br />

• The <strong>FSA</strong> is committed to redeployment as a means of minimising redundancies<br />

and will, in line with this policy, work with you to try to find appropriate<br />

alternative employment within the <strong>FSA</strong> (see the Redeployment Policy).<br />

• Where redundancy is confirmed the <strong>FSA</strong> will normally offer an enhanced<br />

compensatory payment and other assistance in accordance with this policy<br />

(subject to you signing a compromise agreement).<br />

• The <strong>FSA</strong> is concerned to minimise the degree of disruption and uncertainty both<br />

for <strong>FSA</strong>’s business and for employees potentially at risk of redundancy. Subject<br />

to any time limits imposed by statute or regulation, the <strong>FSA</strong> reserves the right to<br />

complete the process described in this policy within a reasonable time.<br />

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What the <strong>FSA</strong> expects from you<br />

• This policy covers all employees whose appointment has been confirmed<br />

following a successful probationary period.<br />

The policy<br />

Measures to minimise redundancies<br />

The <strong>FSA</strong> will consider taking one or more of the following measures to minimise<br />

potential redundancies:<br />

• minimising the use of temporary and agency staff;<br />

• relying upon natural wastage;<br />

• inviting volunteers for redundancy;<br />

• restricting external recruitment;<br />

• providing retraining or redeployment at the same or another job level;<br />

• any other means agreed by the parties, which may be appropriate in<br />

the circumstances.<br />

The <strong>FSA</strong>’s operational requirements might mean that it is not always possible to take<br />

particular measures or to take the measures in any particular order.<br />

Selection criteria<br />

If a potential redundancy situation arises, in deciding who may be at risk of<br />

redundancy, the <strong>FSA</strong> will consider the balance of skills and experience required to<br />

meet its current and future operational requirements and business needs. The<br />

selection criteria will be objective and will normally (subject to circumstances) take<br />

account of the following factors:<br />

• whether there are volunteers for redundancy;<br />

• the extent to which the skills and experience of the employees who may be<br />

affected match the skill set required meet current and future needs;<br />

• the past performance of relevant post holders;<br />

• their length of service;<br />

• their absence history; and<br />

• their disciplinary record.<br />

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Consultation: Collective Level<br />

If a potential redundancy situation arises, which could result in 20 or more<br />

employees being made redundant within a period of 90 days or less, the <strong>FSA</strong> is<br />

required by law to consult with appropriate representatives and provide relevant<br />

information in a timely manner. For these purposes, the <strong>FSA</strong> regards the SCC as<br />

appropriate representatives.<br />

Consultation will begin as soon as reasonably practicable and no later than the dates<br />

required by statute which are:<br />

Proposed redundancies at one<br />

establishment within a period of 90 days<br />

or less<br />

Consultation will commence<br />

100 plus At least 90 days before notice of termination<br />

is given (from 6 April 2013, this will change<br />

to 45 days).<br />

20 to 99 At least 30 days before notice of termination<br />

is given.<br />

To help the consultation process, the <strong>FSA</strong> will provide information to the SCC. The<br />

information provided will include:<br />

• the proposed number and job level of staff who may be affected by<br />

redundancy; and<br />

• the measures that will be considered in order to minimise redundancies.<br />

This consultation will cover ways of:<br />

• avoiding the redundancies;<br />

• reducing the numbers of redundancies; and<br />

• mitigating the consequences of any redundancies.<br />

Consultation: Individual Level<br />

If you are identified as being “at risk” of redundancy you will be notified<br />

individually. No final decision will be made until the <strong>FSA</strong> has consulted individually<br />

with all the employees 'at risk' (which will involve at least one meeting with them).<br />

At any meeting you may be accompanied by a companion.<br />

Individual consultation will usually last for a period of 28 days but the period may be<br />

reduced at the <strong>FSA</strong>’s discretion. Consultation is an opportunity for you to make<br />

representations about your selection for potential redundancy and to discuss<br />

alternatives to redundancy.<br />

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Where an alternative job is available (see below, Redeployment within <strong>FSA</strong>), you<br />

will usually either be offered the alternative job, or given the chance to apply for it.<br />

The alternative job may involve a trial period.<br />

Where there is no alternative job, and the redundancy situation still exists after<br />

consultation, you will receive written confirmation of your redundancy. This will<br />

include the date of the start of your contractual notice period and the date of<br />

termination of employment.<br />

There may be circumstances where the <strong>FSA</strong> does not require you to work out your<br />

notice period and will pay an amount in lieu of notice in line with your contract of<br />

employment. However, if the <strong>FSA</strong> requires the notice period to be worked, payment<br />

of any compensatory sums and the provision of outplacement facilities will be<br />

conditional on you fulfilling your contract of employment unless you and the <strong>FSA</strong><br />

agree to a modification of the contractual requirements.<br />

Appeals<br />

If redundancy is confirmed you may appeal against selection for redundancy by using<br />

the following procedure. For the avoidance of doubt, as the individual consultation<br />

period is an opportunity for you and the <strong>FSA</strong> to explore alternatives to redundancy,<br />

appeals should not be lodged during this period.<br />

An appeal against selection for redundancy must be made in writing within five<br />

working days of written confirmation of redundancy. The appeal should state the<br />

main reasons why you should not have been selected for redundancy.<br />

The appeal should be submitted in the first instance to the HR Director who will<br />

normally pass the matter to two senior <strong>FSA</strong> employees, one from your business area<br />

and one from the HR Division, both of whom will consider the appeal (which will<br />

involve a meeting with you). Both of these representatives should normally have<br />

knowledge of the circumstances giving rise to the redundancy, although if possible<br />

they will not have had direct involvement in your position to date.<br />

The appeal will normally be heard within 10 working days of receiving the written<br />

reasons for appeal. Right to be accompanied: At the appeal, you may be<br />

accompanied by a companion, who may be a Staff Consultative Committee<br />

representative or another <strong>FSA</strong> employee of your choice who may be a friend or<br />

colleague. Please note that the fellow employee should not be a member of the HR<br />

Division. Alternatively, you may be accompanied by a Trade Union official. You<br />

may confer with your companion during the course of the meeting, and he/she may<br />

address the hearing but may not answer questions on your behalf.<br />

The outcome of the appeal will be given in writing as soon as reasonably practicable<br />

after the appeal has been held.<br />

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While an appeal is in progress, the contractual period of notice shall continue to run<br />

from the original date of notification. Where an appeal is unsuccessful and a<br />

redundancy decision is confirmed, employment will terminate on the date specified<br />

in the original written notification of redundancy. The consequence of a successful<br />

appeal will depend on the precise circumstances of the decision but may include:<br />

• the extent to which their skills and experience match those required for<br />

other jobs;<br />

• confirmation of continuation in the employee’s original role; or<br />

• offer of an alternative role<br />

Re-employment<br />

The <strong>FSA</strong> will not normally re-employ an individual who has been made redundant<br />

from the <strong>FSA</strong> within a 12 month period from the date of termination of employment.<br />

Annex 1: Compensatory payments and pension and benefit rights in the event<br />

of redundancy<br />

If no alternative employment is available within the <strong>FSA</strong>, to help you prepare for<br />

future employment <strong>FSA</strong> will normally provide:<br />

• outplacement services or relevant in-house facilities for an appropriate<br />

period; and<br />

• reasonable time-off to seek alternative employment<br />

Compensatory payments<br />

Where an employee is made redundant and the <strong>FSA</strong> has been unable to<br />

offer alternative employment, a compensatory payment (inclusive of any statutory<br />

redundancy and <strong>FSA</strong> enhanced payments) calculated according<br />

to the formula below, will normally be granted (subject to you signing a<br />

compromise agreement):<br />

When there has been service A sum equivalent to the following number of weeks' of<br />

of:<br />

an employee’s basic salary at the time of leaving<br />

More than six months and less 13 weeks.<br />

than<br />

two years.<br />

More than two years. 13 weeks minimum plus (for all service in excess of two<br />

years):<br />

two weeks for every complete year of service in excess of<br />

two years<br />

0.5 week for every complete year of service over age 40<br />

and under age 45.<br />

1 week for every complete year of service over age 45 and<br />

under age 50.<br />

1.5 weeks for every complete year of service over age 50.<br />

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• one week's salary is the equivalent of 1/52nd basic annual salary. A week’s pay is<br />

that which the employee is entitled to under his or her terms of the contract at the<br />

date of calculation. The ‘calculation date’ is the date on which the <strong>FSA</strong> gives the<br />

employee the minimum notice to which he or she is legally entitled.<br />

• all calculations are subject to a maximum payment of the greater of one year's<br />

salary or £100,000<br />

• payments are inclusive of any statutory redundancy that may be payable;<br />

• the calculation of number of weeks’ salary for more than 2 years’ service will be<br />

pro-rated to reflect the actual period of service to the nearest whole month<br />

Compromise agreement<br />

All enhanced compensatory payments, i.e. those in excess of statutory redundancy<br />

pay, and outplacement facilities, are subject to you accepting the terms of a<br />

compromise agreement. You will need to take independent legal advice before<br />

signing it. This is to ensure you understand that by signing such an agreement you<br />

waive the right to institute, or continue, with proceedings in an employment tribunal.<br />

The <strong>FSA</strong> will pay for the reasonable cost of taking such advice on the particular issue<br />

of waiving potential claims up to a maximum of £400 plus VAT. It will not cover the<br />

costs of taking legal advice on any other issues.<br />

Other benefits<br />

Core and flexible benefits cease on the date of termination of employment. However,<br />

you may negotiate with the benefits provider continuing membership on an<br />

individual, contributory basis.<br />

Who is covered by this policy?<br />

This policy covers all employees whose appointment has been confirmed following a<br />

successful probationary period.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Redundancy Policy as at October 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>'s Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

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Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Redeployment within the <strong>FSA</strong> Policy<br />

The <strong>FSA</strong> will take steps to find suitable alternative employment for deployees in the<br />

following situations:<br />

• At risk of redundancy (see the <strong>FSA</strong>’s Redundancy Policy);<br />

• The job is not redundant, but due to medical reasons, an employee is unable to<br />

perform the full duties of their current role and as a workplace adjustment the<br />

<strong>FSA</strong>’s Occupational Health Service has recommended they move to a more<br />

suitable role.<br />

Principles<br />

What you can expect from the <strong>FSA</strong>:<br />

• We will attempt to mitigate a redundancy situation, by taking reasonable steps to<br />

find you suitable alternative employment within an agreed timescale.<br />

• We will attempt to mitigate a dismissal situation, to find you suitable alternative<br />

employment, within an agreed timescale, if you are unable to perform the full<br />

duties of your current role due to medical reasons.<br />

• Your line manager will act as your sponsor by supporting you in your search for a<br />

new role.<br />

• You will be sent all vacancies for your job level and below in advance of any<br />

internal or external advertising process.<br />

• Recruiting managers will consider all relevant deployees for any suitable roles<br />

ahead of any other <strong>FSA</strong> employees; normally within 3 working days. If deployees<br />

expressly inform us that they are not interested in applying for the role, then<br />

recruiting managers will be able to advertise the role internally/externally before<br />

the end of the 3 day period.<br />

• Roles at a higher contractual job level than your existing role are considered<br />

promotions and will therefore follow the normal advertising and selection<br />

process. You will not receive prior notification of these roles.<br />

• In supporting you in finding suitable alternative employment, line managers will<br />

identify any training needs you may have (see ‘Training Requirements’).<br />

What the <strong>FSA</strong> expects of you:<br />

• You are responsible for actively seeking redeployment opportunities and<br />

applying for internal vacancies.<br />

• You will undertake any training identified for you to allow you to take up an<br />

alternative role.<br />

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• You will keep your manager up to date on roles you are applying for and training<br />

you have undertaken.<br />

• You will consider all jobs identified by the <strong>FSA</strong> as being suitable alternative<br />

employment; otherwise this could result in the termination of your employment.<br />

• You will normally have 3 working days from the day you are informed of a<br />

vacancy to apply for the role. You can ask the recruiting manager for an<br />

extension to this deadline if you are not able to apply for the role within that<br />

timeframe.<br />

Redeployment considerations<br />

As part of the consultation process (whether formally for at risk deployees, or<br />

informally for medical deployees), the <strong>FSA</strong> will work with you to identify<br />

redeployment opportunities. The factors which are likely to be taken into account<br />

when considering you for any opportunities which may arise within the <strong>FSA</strong> include:<br />

• the extent to which your skills and experience match those required for<br />

other jobs;<br />

• your current job level and status;<br />

• your current salary;<br />

• location;<br />

• your adaptability; and<br />

• whether you have the potential to do the role with training and whether this is<br />

practicable in the circumstances.<br />

As far as possible, the <strong>FSA</strong> will take account of your reasonable wishes when<br />

considering redeployment opportunities. However, the final decision regarding your<br />

placement into an alternative job rests with the <strong>FSA</strong>.<br />

Training requirements<br />

If you have the necessary basic skills for a suitable redeployment opportunity and/or<br />

the potential to acquire those skills through further reasonable training, you will<br />

normally be considered for redeployment.<br />

Redeployment may also be considered where a different skill set and/or significant<br />

training may be involved, but this will normally be by mutual agreement between<br />

you and the <strong>FSA</strong>. In all cases the <strong>FSA</strong> will provide appropriate support to deployees<br />

during the redeployment process.<br />

For medical deployees, reasonable workplace adjustments that are identified for the<br />

new role will be provided by the <strong>FSA</strong>. Your terms and conditions of employment<br />

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may also have to be adjusted (for example, salary or job level), but you will be<br />

consulted should this be necessary.<br />

Trial periods<br />

Whenever an offer of alternative employment is on different terms from your current<br />

job or the role is substantially different, a trial period will apply. This will be for a<br />

minimum of four weeks, but may be extended to a maximum of 12 weeks (unless<br />

extended further by mutual agreement) where retraining is required.<br />

During this period, you should meet with your manager regularly to discuss your<br />

progress against any development plan for your new role.<br />

During, or at the end of this trial period, you or the <strong>FSA</strong> may give notice to terminate<br />

the contract of employment if the trial has not been successful.<br />

Deployees at risk of redundancy<br />

If you decline to accept a reasonable offer of alternative employment or if you<br />

unreasonably give notice to terminate your employment during the trial period you<br />

will not be eligible to receive statutory redundancy pay, or any compensatory<br />

payments (such as an enhanced redundancy payment) or outplacement assistance.<br />

Medical deployees<br />

If you are not successful in securing suitable alternative employment through the<br />

redeployment process, or you or the <strong>FSA</strong> decides that the trial period has been<br />

unsuccessful, your employment may be terminated under the <strong>FSA</strong>’s Dismissal<br />

Procedure.<br />

Who is covered by this policy?<br />

This policy covers all employees whose appointment has been confirmed following a<br />

successful probationary period.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Redeployment Policy as at October 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>'s Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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8 Pay, Reward & Benefits<br />

Travel & Expenses Policy<br />

Introduction<br />

This Travel and Expenses Policy (or “the Policy”) is compulsory and you should<br />

seek prior authorisation from your line manager should you need to deviate from it. It<br />

is not possible to set out rules to accommodate every conceivable situation and so<br />

you are required not only to adhere to the express terms in this policy but also to<br />

exercise your judgement to ensure that all claims made are within the spirit of the<br />

policy. Staff should also be sensitive as to what is “reasonable” in the current<br />

business climate.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will manage any travel costs and expenses in line with the following key<br />

principles:<br />

• all reasonable travel costs and expenses, wholly and necessarily incurred for the<br />

execution of the <strong>FSA</strong>’s business will be reimbursed;<br />

• all such travel costs and expenses incurred are in express compliance with this<br />

Travel and Expenses Policy and / or expense claims are made within the spirit of<br />

the Policy;<br />

• such travel costs and expenses have been incurred in the most cost effective way;<br />

and<br />

• the <strong>FSA</strong> reserves the right to reject or reduce claims that are considered to be<br />

excessive, are non-compliant with this Policy or are over 90 days old.<br />

For this purpose, the following do not count as travel on <strong>FSA</strong> business:<br />

• travel between home and permanent workplace. For the avoidance of doubt, the<br />

<strong>FSA</strong> will normally only reimburse the excess business travel costs which relate to<br />

trips beyond your ordinary commute;<br />

• other travel which is primarily for private purposes; and<br />

• travel which is primarily for business purposes but which is substantially the<br />

same as travel between home and the permanent workplace.<br />

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What the <strong>FSA</strong> expects from you<br />

When booking travel and incurring expenses please be conscious of the total costs to<br />

the <strong>FSA</strong>. You must:<br />

• ensure costs are necessary and reasonable;<br />

• travel to meetings and between offices by the most cost-effective mode of<br />

transport, taking into account journey time as well as monetary cost;<br />

• state the start and end point of each journey and who you were visiting. This<br />

information is necessary for all modes of travel;<br />

• be reasonably flexible in your arrangements and where possible opt for travel<br />

options that may be restricted in nature but are cost effective and offer value for<br />

money. If you do opt for a restricted fare the restrictions will be explained at the<br />

time of booking;<br />

• book travel through <strong>FSA</strong> approved agent(s); and<br />

• ensure that you obtain pre-authorisation to travel from your line manager by<br />

completing an E-request form.<br />

It is recognised that there will be exceptional circumstances where it is not possible<br />

or practical to book travel or a hotel through our travel and accommodation agent,<br />

Hillgate Travel, for example, if arrangements are included within a conference<br />

package. When there is a requirement to stay in a designated conference hotel or<br />

other circumstances mean that it is not practical to book via Hillgate Travel, if the<br />

cost of the hotel is over the pre-authorisation level, Line Manager approval is<br />

required. Only in these exceptional circumstances are you not required to book<br />

through Hillgate Travel.<br />

The Travel <strong>Handbook</strong> has been prepared as a guide for travellers and travel arrangers<br />

to assist in all areas of travel planning. It outlines the procedure to be followed by<br />

<strong>FSA</strong> staff when making business travel arrangements and complements the <strong>FSA</strong>'s<br />

Travel and Expenses Policy. You are advised to read the <strong>Handbook</strong> before<br />

committing to any travel plans.<br />

Contractual information (start)<br />

Any attempt knowingly or falsely to claim expenses in breach of the Travel and<br />

Expenses Policy will result in disciplinary action.<br />

Contractual information (end)<br />

Process for claiming travel costs and expenses<br />

Travel costs and expenses that may be claimed and the procedures for claims,<br />

authorisation and reimbursement are set out below.<br />

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Approval<br />

In relation to this policy, the following structure will apply to the approval and<br />

authorisation of travel costs and expenses. For:<br />

• an Administrator: Associate or above;<br />

• Associates: Manager or above;<br />

• a Manager: Head of Department or above;<br />

• a Head of Department: Director or above;<br />

• a Director: Managing Director or the CEO or the Chairman;<br />

• a Managing Director/the COO: the CEO or the Chairman;<br />

• the CEO: the Chairman;<br />

• the Chairman: the Deputy Chairman; and<br />

• Non-executive Directors: the Company Secretary.<br />

In addition, the Chairman's travel costs and expenses will be subject to an annual<br />

review by the Audit Committee.<br />

Authorisation limits<br />

Over-arching this policy, travel costs and expenses can only be authorised within an<br />

individual's approval limits (also known as the <strong>FSA</strong>'s scheme for the Delegation of<br />

<strong>Financial</strong> <strong>Authority</strong>).<br />

Shared expenses<br />

Where expenses are paid for a group of employees, the most senior employee should<br />

pay and claim the expense. The claim should note the full names of other employees<br />

in attendance.<br />

Income tax<br />

In some exceptional circumstances expenses payable under this policy may not<br />

satisfy HM Revenue & Custom (HMRC) rules, and hence may be taxable. We may<br />

make arrangements to meet the resulting tax liabilities. We reserve full discretion to<br />

decide not to make such arrangements in any given case, but will not act<br />

unreasonably in exercising this discretion. We will advise you of any such issues<br />

before processing your expense claim so that appropriate adjustments can be made to<br />

your claim if necessary.<br />

Reimbursement<br />

Expenses will only be reimbursed if they are:<br />

• supported by detailed (VAT) receipts, and credit card slips if necessary;<br />

• submitted on the <strong>FSA</strong> staff expense claim form;<br />

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• fully completed;<br />

• appropriately authorised; and<br />

• claimed in line with this Policy.<br />

Staff should submit expense claims in a timely manner and as a minimum should<br />

submit claims within 90 days of the expense being incurred. You can submit single<br />

items on a claim form and you do not need to wait to claim small value items until<br />

you have a substantive amount to be reimbursed. Where claims are received and<br />

the expense is over 90 days old, the <strong>FSA</strong> reserves the right to refuse payment.<br />

In exceptional circumstances, we may consider reimbursing minor claims for travel<br />

without the back-up receipt, for example the use of a prepaid Oyster card to travel on<br />

<strong>FSA</strong> business where no receipt is issued, or tube tickets that are retained as you pass<br />

through the ticket barrier. You should still obtain a receipt where one is available or<br />

give a full explanation why no receipt is available. This must be included on the<br />

expense claim form before you get approval from your line manager.<br />

Detailed guidance on how to complete the expense claim form is available on<br />

Connect+.<br />

Corporate American Express charge card<br />

If you are a permanent member of staff who has passed their probationary period and<br />

likely to incur significant expenses on <strong>FSA</strong> business, you should apply for a<br />

corporate charge card.<br />

You should claim business expenses incurred using the card on the expense claim<br />

form, supported by receipts, in the normal way.<br />

The card company will send you, the cardholder, a statement each month, showing<br />

all the expenses charged in that month. The cardholder will be responsible for paying<br />

off the balance on the card each month. We will not reimburse any interest charges<br />

incurred as a result of late payment for using the card.<br />

You should only use the card for expenses incurred in carrying out <strong>FSA</strong> business.<br />

Misuse of corporate charge cards will be subject to disciplinary action.<br />

Cash advances<br />

Cash advances must be obtained via your corporate credit card, by completing an<br />

Express Cash Application Form available from the Staff Expenses team.<br />

In exceptional circumstances, if you require an advance for a business trip which is<br />

significantly in excess of the limit allowed by your corporate credit card, your line<br />

manager may authorise an advance. Such advances will be paid directly into your<br />

normal bank account.<br />

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You must keep all receipts and submit an expense claim form as soon as you return<br />

from the business trip, deducting the advance from the claim.<br />

Petty Cash processes<br />

Petty Cash should only be used for emergencies. The normal <strong>FSA</strong> expenses process<br />

should be followed where it is not an emergency. We do not anticipate there will be<br />

many occasions where the normal expenses policy and process cannot be applied.<br />

The rules and principles set out in the Travel and Expenses Policy apply equally to<br />

Petty Cash claims. The <strong>FSA</strong> reserves the right to refuse some or all of a Petty Cash<br />

claim if it is not wholly and necessarily incurred on <strong>FSA</strong> business and in compliance<br />

with the <strong>FSA</strong>’s Travel & Expenses Policy and may seek to recover the cash for<br />

invalid claims.<br />

A more detailed procedures note for Petty Cash can be found in the Petty Cash<br />

Procedures.<br />

If there is an emergency and you do need access to the Petty Cash, you will be asked<br />

to sign the Petty Cash Register and detail who has approved your Petty Cash claim<br />

together with the purpose of the claim.<br />

When you have incurred the expenditure, you will then need to complete a Petty<br />

Cash Expense Claim Form, detailing the expenditure, attaching original receipts,<br />

getting it authorised, ensuring it is in compliance with the Travel & Expenses Policy<br />

etc. in exactly the same way that you would complete an expense claim form.<br />

You will need to return the authorised Petty Cash Expense Claim Form and receipts,<br />

together with any remaining cash to the Petty Cash owner in your building.<br />

If you have any questions on this process, please send an e-mail to <strong>Financial</strong> Control.<br />

Travel Costs and Expenses by Category<br />

Air travel<br />

To ensure that the <strong>FSA</strong> obtains maximum value for money from its travel spend, the<br />

following apply:<br />

• air transport should only be used when it is the most economical and practicable<br />

method of travel;<br />

• all air travel on <strong>FSA</strong> business should be by Economy Class (but see below);<br />

• flights must, whenever possible, be booked well in advance;<br />

• fully flexible fares should only be selected when there is a business need to do so.<br />

Most domestic and European restricted air fares can be changed for a small fee<br />

even though they may be non-refundable. Therefore, unless there is a high chance<br />

of complete cancellation, restricted fares should be booked. The Hillgate Travel<br />

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team will explain the rules at the time of booking and some fares allow you to<br />

hold the booking provisionally for 3 days;<br />

• all flights, including 'No Frills' such as Easyjet and Ryanair, must be booked<br />

through the <strong>FSA</strong>'s travel and accommodation provider, Hillgate Travel.<br />

Air travel on <strong>FSA</strong> business by Business Class will only be permitted where:<br />

• the flight time is more than five hours (to enable staff to be fit for work on arrival<br />

where they have a demanding schedule); or<br />

• there are no seats available in Economy at the time you need to fly; or<br />

• the Business Class ticket is less or the same price as Economy Class;<br />

The specific consent of either the Chairman or the Chief Executive Officer must be<br />

obtained, subject to application of a business need criteria.<br />

In addition:<br />

• staff may opt to fly Economy Class instead of Business Class if their schedule<br />

permits;<br />

• staff must not change Business Class tickets for Economy tickets thus enabling<br />

them to obtain a personal advantage such as taking family or friends at the <strong>FSA</strong>'s<br />

expense.<br />

• staff must not book travel and accommodation outside of policy limits with a<br />

view to claiming back the amount that falls within the policy. Staff are not<br />

permitted to settle the difference themselves.<br />

Air travel on <strong>FSA</strong> business in First Class will only be permitted:<br />

• in exceptional circumstances;<br />

• with the express and specific consent of, the Chairman, the Chief Executive<br />

Officer or the Deputy Chairman.<br />

We will not normally reimburse flights through the expense claim process, but in<br />

exceptional circumstances, you must support the claim with a valid boarding card or<br />

a printed ‘non-refundable ticket’ confirmation when using a low-cost airline where<br />

boarding cards are not available.<br />

Preferred Airlines<br />

From time to time the <strong>FSA</strong> may enter into a preferred airline arrangement with one or<br />

more airlines to certain destinations in order to utilise fully its buying power.<br />

Preferred airline agreements allow either staff members to have discounted fares or<br />

they give a rebate to the <strong>FSA</strong> at the end of the agreement period dependent on<br />

amounts spent. Additionally, the <strong>FSA</strong> is enrolled onto corporate benefit schemes with<br />

some European carriers. If there is a preferred airline arrangement in operation on the<br />

route you are flying, the lowest available fare from that airline will be offered by<br />

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your <strong>FSA</strong> Travel Consultant, along with two other flight options. Additionally, your<br />

Consultant will offer a no-frills 'Budget' carrier if one flies your route. Using such<br />

airlines can save considerable amounts of money and must therefore be considered.<br />

The restrictions of the chosen fare will always be given (restrictions may apply<br />

regarding changes of flights or routing). You are required to consider using a<br />

preferred airline so long as it is convenient and economical to do so.<br />

Currently the <strong>FSA</strong> have preferred airline agreements with:<br />

• British Airways and Virgin, who offer up-front discounts,<br />

• Air France/KLM/Delta who offer an up-front discount on fares for London City<br />

to Edinburgh, Dublin and Amsterdam. All London airports to Paris. Heathrow to<br />

Amsterdam and all London airports to New York.<br />

Your Travel Consultant will also offer to investigate alternative airfares such as<br />

consolidated (bucket) fares. Such fares are generally restricted in that they carry<br />

heavy penalties for changing flights and cancellations etc. When choosing a flight or<br />

ticket option you must choose the most economically advantageous convenient<br />

option. You are required to make a note of any restrictions in case you need to<br />

alter/cancel the flight.<br />

Airline promotions/loyalty schemes<br />

Airline promotions, such as free Economy tickets with the purchase of a full<br />

Business Class ticket, must be considered as they may reduce the overall travel costs<br />

to the <strong>FSA</strong>. Such promotions should be used for business purposes if possible. Where<br />

it is not possible to use such promotions for business purposes, and there are no cost<br />

implications for the <strong>FSA</strong>, such offers may be used for private benefit.<br />

Staff may accrue promotional benefits such as BA Miles or Airmiles for their own<br />

personal use. However, the existence of such benefits must not influence staff when<br />

choosing an airline.<br />

Hotels and accommodation<br />

Unless there are valid reasons not to do so, such as you are attending an event<br />

organised by someone else, all hotels must be booked through Hillgate Travel on<br />

69971. Where the <strong>FSA</strong> has a preferred hotel in the location this should be used where<br />

it is possible, economic and convenient to do so.<br />

UK hotels: The pre authorisation level is £150 per night excluding all taxes and<br />

breakfast.<br />

Overseas hotels: Outside the UK where hotel accommodation is particularly<br />

expensive, the pre authorisation level is increased:<br />

• In Europe: to €200 (Euros) per night, excluding all taxes and breakfast.<br />

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• For all other countries excluding Europe and North America: to the equivalent of<br />

£170 per night, excluding all taxes and breakfast;<br />

• North America: to US $350 per night, excluding all taxes and breakfast.<br />

Payment<br />

All hotel bills must be settled directly with the hotel on departure. It is recommended<br />

that you use your Corporate American Express Card to settle the bill. However, you<br />

may use your personal credit card if you wish.<br />

Subsistence – away overnight<br />

We will reimburse reasonable out-of-pocket expenses you incur when a journey on<br />

<strong>FSA</strong> business makes it necessary to stay away from home overnight. You may claim<br />

the following for each night whilst you are away:<br />

• hotel bills as above;<br />

• breakfast – if not included in the room rate, you may claim the cost of breakfast;<br />

• lunch, evening meal and beverages, to an overall maximum of £40 a day; and<br />

• other personal incidental expenses to an overall maximum of £5 a night for travel<br />

within the UK and £10 a night overseas. Other personal incidentals include<br />

reasonable personal telephone calls – wherever possible please use your <strong>FSA</strong><br />

mobile phone over a hotel phone; newspapers; reasonable and appropriate<br />

laundry costs; and beverages.<br />

It should be noted that the figures quoted above are not flat rate allowances, but<br />

maximum limits on the amounts of actual expenditure that we will reimburse against<br />

receipts.<br />

Where a trip on <strong>FSA</strong> business necessarily involves more than one night away from<br />

home, receipted expenditure may be averaged over the number of nights of absence<br />

to determine the amounts to be reimbursed. However, we retain the right to refuse<br />

excessive expenditure even when the average is £40 or below per night.<br />

Subsistence – no overnight absence<br />

If you are not away from home overnight, but have to incur extra expense on meals<br />

as a result of having to travel away from your core place of work (e.g. London,<br />

Edinburgh) on <strong>FSA</strong> business, you may claim for meals and beverages up to a<br />

maximum of £10 a day, against receipts.<br />

Please note that meals purchased in your core place of work (e.g. London,<br />

Edinburgh) are not a claimable expense.<br />

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Overseas accommodation and subsistence<br />

The above rules apply to overseas travel as well as travel within the UK. For travel to<br />

overseas locations where hotel accommodation and meals are particularly expensive,<br />

your line manager has discretion to agree higher cost limits than those for UK travel.<br />

This will allow you, when travelling overseas on <strong>FSA</strong> business, to obtain<br />

accommodation and meals of an equivalent standard to that available in the UK. This<br />

discretion does not apply to the £10 a night limit for the reimbursement of personal<br />

incidental expenses, which may not be increased.<br />

Foreign currency must be obtained via the <strong>FSA</strong>’s approved currency agent or from<br />

any other cost-effective source. Cash expenses paid in foreign currency are to be<br />

converted to sterling at the rate used at the time of conversion. Expenses incurred<br />

using the Amex Corporate Card should be converted at the rate used on your Amex<br />

statement.<br />

Overseas travel<br />

Where an employee travels to a destination where there may be credible exceptional<br />

risks to personal safety, it may be necessary to make special provision in order to<br />

mitigate such risks. Mitigation measures will be recommended by Corporate<br />

Protection & Responsibility to the business lead, and these could involve specified<br />

accommodation and transport arrangements.<br />

These special provisions may lead to the pre authorisation levels being exceeded.<br />

Such special arrangements will be authorised as follows:<br />

• Travel - as with all travel, the employee requesting the travel should complete an<br />

e-form which should be authorised by the employee's manager before the travel is<br />

booked. In the case that special travel arrangements are required, they must be<br />

highlighted on the e-form before it is authorised.<br />

• Travellers are strongly advised to complete a travel profile via<br />

www.hillgatetravel.com. then in the event of an incident/emergency you can be<br />

contacted.<br />

• Expenses - where additional expenses are incurred on the recommendation of<br />

Corporate Protection & Responsibility a copy of that recommendation should be<br />

attached to the expense claim form that is eventually submitted.<br />

Low profile visits<br />

If you wish your visit to be low profile, with minimum details pre announced, please<br />

contact Corporate Protection & Responsibility.<br />

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Rail travel<br />

Staff must book all rail travel through Hillgate Travel and travel by Standard Class<br />

unless there is a clear business reason to travel Business or First Class. Prior to<br />

booking, your Line Manager must specifically approve Business or First Class travel.<br />

'Anytime' fares should only be selected when there is a business need to do so.<br />

Advance fares are restricted but should be considered when travelling to a meeting<br />

for a specific time. If inbound flexibility is required you should consider booking an<br />

'Advance' single outbound and an 'Off Peak' single inbound where timings allow this.<br />

EuroStar and international rail may be booked in Business Class.<br />

Business telephone calls<br />

If you make business telephone calls from home or your personal mobile phone you<br />

may claim the VAT inclusive cost of the call. Your claim must give details of the<br />

call, identify the business reason for making it and be accompanied by a copy of the<br />

appropriate page of an itemised telephone bill, on which the business call is<br />

highlighted.<br />

Taxis<br />

You are expected to use public transport or your own vehicle and we regard it as<br />

normal practice for you to do so (i.e. when travelling to Central London, use the DLR<br />

or Jubilee Line). You may only use taxis where it is cost effective to do so. You must<br />

state the full reason for the use of a taxi on the expense claim form.<br />

Late night travel – work to home<br />

We may, in exceptional circumstances, agree to meet the cost of late night travel<br />

from work to home. Your line manager's specific approval is required and will only<br />

be given in the following circumstances (in which case the benefit will be tax-free):<br />

• where you have to work until 9.00pm or later;<br />

• by the time you can go home, either public transport is unavailable or it would be<br />

unreasonable to travel alone on public transport at that hour;<br />

• the late working does not follow a regular pattern (for example, every Friday);<br />

• you do not work late on more than 60 occasions in the tax year; and<br />

• the transport is by taxi or similar private road transport.<br />

You must ensure that you state the specific start and end points of the journey, e.g.<br />

Bank to Highbury, Edinburgh Airport to Haymarket. It is not sufficient to say “Home<br />

to Airport”. You must also state the time that you left work / the event. If you do not<br />

provide these details, the taxi fare will automatically be classed as taxable on the<br />

individual.<br />

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Mileage Allowances<br />

You may use your own vehicle or bicycle whilst on <strong>FSA</strong> business. By claiming for<br />

mileage allowances and signing your expense claim form, you will be confirming<br />

that you hold a valid driver’s licence (if applicable) to drive in the UK, a current<br />

MOT (if applicable) and that your motor insurance policy covers you for driving on<br />

<strong>FSA</strong> business. You will need to produce such documents for the <strong>FSA</strong> if requested.<br />

Where it is cost effective to make a business journey using your own vehicle or<br />

bicycle, you may claim a mileage allowance which provides full compensation for<br />

such use (e.g. wear and tear, petrol, insurance etc.). The allowance rates are as<br />

follows:<br />

Allowance Pence<br />

per mile<br />

Post 6 th<br />

April<br />

2011<br />

Managers and above*:<br />

Cars & vans - all business miles in tax year 30<br />

Motor cycles - all business miles in tax year 24<br />

Bicycles 20<br />

Other staff:<br />

Cars & vans - first 10,000 business miles in tax year 45<br />

Cars & vans - each business mile over 10,000 in tax<br />

year<br />

25<br />

Motor cycles - all business miles in tax year 24<br />

Bicycles 20<br />

• Managers and above*: includes ALL staff who receive a Manager's Benefits<br />

Allowance (this includes Technical Specialists) in their flexible benefits package;<br />

• You may claim an additional 5p per mile for each passenger carried if they are a<br />

fellow employee making the same business trip;<br />

• These rates are reviewed annually and updated in line with the HMRC’s<br />

published mileage and fuel allowances.<br />

Car rental<br />

The <strong>FSA</strong> has negotiated favourable rates with Enterprise Rent-a-Car for business use<br />

UK car rental. For 2 or fewer passengers you may hire a vehicle of 1.6 /1.8 Litres<br />

Manual/Automatic/Estate as required. If there are 3 or more passengers, a vehicle up<br />

to 2 Litres may be hired.<br />

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Entertaining<br />

Business Entertaining<br />

“Business entertaining” is defined as including hospitality of any kind, including<br />

meals, accommodation and gifts – for third parties, i.e. not employees of the <strong>FSA</strong>.<br />

You may carry out business entertaining only where it is within budgetary limits and<br />

where it is likely to help the <strong>FSA</strong> to further its business objectives, i.e. there is a<br />

genuine business reason for entertaining customers, suppliers, or other business<br />

connections in the course of performing your duties of employment. You must use<br />

our in-house facilities whenever possible.<br />

Subject to these constraints, you may claim reasonable and appropriate entertaining<br />

expenses. As a guide, the cost of a meal should not be extravagant or excessive but<br />

reasonable in relation to the status of the employee and the occasion.<br />

Details on the expense claim should include:<br />

• the nature of the entertainment;<br />

• the total number of people present;<br />

• the full names of the external guests being entertained and their employer;<br />

• the full names of all <strong>FSA</strong> staff who were present;<br />

• the location of the entertainment; and<br />

• the reason for the entertaining taking place.<br />

The most senior <strong>FSA</strong> employee attending the event should reclaim the expense.<br />

Where <strong>FSA</strong> employees are present at the event and their entertaining costs are<br />

incidental to entertaining the third party, these expenses may generally be classed as<br />

"Business Entertaining" rather than “Staff Entertaining” and may be reclaimed.<br />

Staff Entertaining<br />

“Staff entertaining” is the provision of free or subsidised hospitality or entertainment<br />

(project completion celebration events, provision of meals, other kinds of hospitality,<br />

gifts, prizes etc.) to an <strong>FSA</strong> employee, including an <strong>FSA</strong> employee’s family<br />

members, where there is no business purpose for the provision of such entertainment.<br />

Staff entertaining should be provided only in special circumstances and generally,<br />

<strong>FSA</strong> employees cannot claim reimbursement for entertaining other <strong>FSA</strong> colleagues.<br />

For clarity, where an event is clearly related to staff entertaining (aside from an<br />

annual event such as a Christmas or Summer Party, see below), that event will confer<br />

a taxable benefit on the staff entertained with approximately 70% charged to the <strong>FSA</strong><br />

in addition to the cost of the event itself. The <strong>FSA</strong> will meet this tax liability on<br />

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ehalf of its staff only where approval from a Head of Department or Director has<br />

been obtained and the expense claim form has been counter-signed by them.<br />

Details on the expense claim should include:<br />

• the nature of the entertainment;<br />

• the total number of people present;<br />

• the full names of all <strong>FSA</strong> staff who were present;<br />

• the location of the entertainment; and<br />

• the reason for the entertaining taking place.<br />

The most senior employee attending or holding the event should reclaim the expense.<br />

Staff Entertaining – Annual Event<br />

The <strong>FSA</strong> provides one annual event for its employees (normally a Christmas or<br />

Summer Party) and this event is available to all permanent and fixed term employees.<br />

Agency staff and contractors may attend the event but for tax reasons must pay their<br />

share of the cost. Any number of employees can be invited to an event, however<br />

employees will only be entitled to attend one event in any given tax year.<br />

The <strong>FSA</strong> has agreed that for the current financial year an amount of £60 per head has<br />

been included in the budget to cover the cost of this annual event (note that this is<br />

lower than the tax free limit of £150 per person set by HMRC).<br />

The £60 allowance includes VAT, booking costs and the cost of transport and/or<br />

overnight accommodation if these are provided to enable employees to attend. Please<br />

note the <strong>FSA</strong> will not reimburse you for your travel cost home after the annual event<br />

or for an overnight stay in a hotel (this is simply HMRC’s ‘definition’ of what the<br />

non-taxable allowance covers.)<br />

Ordinarily, these annual events will be at Departmental level and there should be<br />

only one single event for each Department.<br />

The budget for annual events is held, controlled and administered centrally by the<br />

Finance Division. All invoices and expense claims should be submitted centrally to<br />

enable monitoring of the allowance.<br />

Details on the expense claim or invoice should include:<br />

• the nature of the entertainment;<br />

• the total number of people present;<br />

• the full names of all <strong>FSA</strong> staff who were present;<br />

• the location of the entertainment; and<br />

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• the reason for the entertaining taking place.<br />

The questions and answers on Connect+ provide guidance on the background and<br />

process for approval of the costs associated with the annual entertainment events held<br />

for <strong>FSA</strong> staff.<br />

Staff Conferences and Training Days<br />

Staff conferences, away days and training days are not automatically classed as staff<br />

entertaining. For such an event to be classed as a business expense (no additional tax<br />

burden for the <strong>FSA</strong>) and not staff entertaining (an additional tax burden for the <strong>FSA</strong><br />

averaging at circa 70% on top of the cost of the event), the purpose of the day must<br />

be mainly business oriented and clearly evidenced as such (a business agenda should<br />

be available for example). Where there are more "entertaining" elements to the day,<br />

such as a meal with drinks in the evening, a detailed break-down of costs should be<br />

obtained so that the <strong>FSA</strong> can determine whether an additional tax liability is due to<br />

HMRC.<br />

The recommended guideline is for 2 such events per annum with a cost of £60<br />

(including VAT) per head per event.<br />

Gifts<br />

The cost of gifts given to staff is not normally reimbursable however, in appropriate<br />

circumstances and at the discretion of the budget holder; the reasonable cost of gifts<br />

made to employees will be reimbursed.<br />

Gifts will be reimbursed where they are provided on personal grounds. This could<br />

include, but is not limited to, say, a gift of flowers for the following:<br />

• an employee's wedding;<br />

• the birth of an employee's child; or<br />

• bereavement.<br />

You should state on the expense claim form, the employee's name, the type of gift<br />

and the reason for the gift being purchased.<br />

For tax purposes, a gift will generally not be taxable on the employee if it is for less<br />

than £50 and is made:<br />

• on personal grounds (examples as above) or<br />

• as a mark of personal esteem or appreciation (a gift to mark appreciation of work<br />

done by an employee during a period of secondment).<br />

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For clarification, gifts of cash or cash equivalents (i.e. cash vouchers and non-cash<br />

vouchers, infinity awards, Canary Wharf vouchers etc.) are not reimbursable and are<br />

taxable on the employee regardless of the amounts involved. The <strong>FSA</strong> grosses up<br />

these amounts and pays the tax on them.<br />

Professional subscriptions<br />

You may claim the cost of the annual subscriptions to any professional bodies, which<br />

are on HMRC's approved list and are directly relevant to your duties. Discretionary<br />

amounts e.g. benevolent fund contributions are not recoverable.<br />

If you are required by the <strong>FSA</strong>, as part of your terms and conditions of employment,<br />

to train for a qualification which involves admittance to a professional body, we will<br />

also reimburse the annual subscription to that body.<br />

The request from the professional body should be used to support the claim<br />

for payment.<br />

Tax guidance for mobile devices<br />

Please read the guidance on Connect+ about tax implications of mobile phones,<br />

Blackberries, smart phones and iPads.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Travel and Expenses Policy as at September 2012.<br />

The policy is owned and has been developed by the Finance Division who has liaised<br />

with the Staff Consultative Committee.<br />

This policy does not form part of your contract of employment unless otherwise<br />

stated. This policy applies to all employees and is subject to change at the discretion<br />

of the <strong>FSA</strong> – any changes will be published on the intranet.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Give as You Earn Policy<br />

We are registered with the Charities Aid Foundation and run Give as You Earn.<br />

This scheme enables you to give directly from your salary to the charity/charities of<br />

your choice. Deductions are made from gross salary before calculation of income tax,<br />

therefore giving you the benefit of tax relief on these contributions. Donations are no<br />

longer subject to an upper limit allowing you to contribute as much as you wish.<br />

For further information on the scheme please contact the HR Helpline on extension<br />

67070 or complete the online application form.<br />

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Payment of Salary Policy<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will manage the payment of salaries in line with the following key principles:<br />

• Your salary will be paid on 23rd of each month into your nominated<br />

bank/building society account(s).<br />

• If the 23rd falls on a weekend or public holiday, your salary will be paid on the<br />

previous working day. Your secure pay slip will itemise pay, deductions and net<br />

amount paid.<br />

What the <strong>FSA</strong> expects from you<br />

We expect employees to:<br />

• Advise us of any changes which may affect payment of your salary, e.g. bank<br />

account details, before the cut-off date for the effective payroll.<br />

The policy<br />

Payment of salary<br />

Your secure pay slip will itemise pay, deductions and net amount paid.<br />

If you resign, your final salary will be paid into your bank or building society<br />

account(s) on the 23rd of the month in which you leave and you will receive your<br />

P45 together with your final pay slip after this date.<br />

We reserve the right at any time and in any event on termination of employment, to<br />

deduct from your pay (including holiday pay, sick pay, maternity payments and any<br />

other type of pay) any amounts that you owe. These may include season ticket loans<br />

and/or other loans; expenses allowance; holiday taken in excess of entitlement;<br />

repayment of training expenses incurred under a sponsored study arrangement; a<br />

deficit of hours under the flexitime scheme; or the estimated value of any <strong>FSA</strong><br />

property damaged by you/ retained by you without permission when you leave. Your<br />

final payment will reflect any adjustments, where applicable.<br />

We also reserve the right to deduct from your pay an amount equal to any allowance<br />

you receive in the course of performing public service or while on jury service.<br />

If you have any enquiries regarding your pay statement, contact the HR Helpline<br />

x67070.<br />

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Income Tax, National Insurance Contributions and other<br />

Statutory Deductions<br />

Tax, National Insurance Contributions and any other statutory payments are deducted<br />

from your pay on a regular basis. We have a statutory right to make other deductions<br />

from your pay, for example, if you owe money to the <strong>FSA</strong> as a result of any<br />

overpayment of remuneration or expenses or in order to comply with a court order.<br />

Should you need to communicate with the HM Revenue and Customs, please quote<br />

reference number 948/TZ03483. This reference number applies to all <strong>FSA</strong><br />

employees. You also need to quote your National Insurance number which appears<br />

on your pay slip.<br />

HM Inspector of Taxes, South Wales,<br />

Government Buildings,<br />

Ty Glas Road,<br />

Llanishen,<br />

Cardiff,<br />

CF4 5FY<br />

Telephone Number: 0845 3003949<br />

HM Revenue & Customs<br />

National Contributions Office,<br />

P46 Section,<br />

Newcastle-upon-Tyne,<br />

NE98 1YX.<br />

Telephone Number: 0845 3021479<br />

Tax guidance for mobile devices<br />

Please read the guidance on Connect+ about tax implications of mobile phones,<br />

Blackberries, smart phones and iPads.<br />

Changes in your account details<br />

You must tell us about any changes required to your bank/building society account<br />

by updating the “Amend Bank Details” section via <strong>Employee</strong> Self-service on<br />

Chrysalis.<br />

Account changes must be received by Payroll cut-off in that month to allow for<br />

processing changes. Forms received after these dates will be carried forward for<br />

action the following month.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

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Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Payment of Salary Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>'s Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

we will publish any changes on the intranet.<br />

Any questions on how the policy applies should be directed to the HR Helpline on<br />

extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Salary & Benefits Policy<br />

The <strong>FSA</strong> aims to provide a competitive total remuneration package in support of its<br />

unique position and employee proposition, starting with a fair and sustainable base<br />

salary aligned to the relevant external market.<br />

<strong>FSA</strong> financial rewards comprise base salary, flexible benefits (core and enhanced),<br />

pension and an annual incentive opportunity. These benefits are offered to all<br />

employees, both permanent and fixed-term. This policy sets out our reward strategy<br />

and the approach to determining the total (financial) reward package.<br />

This section also covers the processes relating to pay transactions e.g. payment of<br />

monthly salary, reclaiming expenses, payment while on sick leave or maternity leave.<br />

Also included here is reference to other policy areas which have an effect on salary<br />

and/or benefits, with a link to the relevant policy where appropriate.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will:<br />

• provide you with access to fair and sustainable base salaries;<br />

• make available to you salary ranges for job families;<br />

• ensure that salary data / job family information is accurate and up to date;<br />

• ensure that you receive clear messages about why you receive a particular salary /<br />

and about your ‘position in range’;<br />

• provide an annual statement of your total remuneration;<br />

• provide all other salary and benefits information promptly<br />

(e.g. salary slips, P60s);<br />

• ensure that you are treated fairly with regard to rewards – we will conduct an<br />

annual equal pay audit to ensure the pay review process is deployed equitably;<br />

• maintain confidentiality surrounding salary and benefits, releasing only on a 'need<br />

to know' basis;<br />

• pay overtime only for periods of more than one hour in any day. After that,<br />

payment will be made for each completed period of 15 minutes worked. Eligible<br />

full time staff will not be paid overtime until they have worked at least 36 hours<br />

in the relevant week. Part time staff will be paid overtime at their normal hourly<br />

rate until they have worked 36 hours in the relevant week.<br />

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• Payments will be made through the payroll. Please note that the cut-off date for<br />

inclusion in the payroll is normally the 7th of the month (Staff Expenses<br />

timetable).<br />

What the <strong>FSA</strong> expects of you<br />

• It is your responsibility to ensure that you understand your pay position within<br />

your job family; your line manager will explain this to you.<br />

• If you do not understand or feel that your salary is incorrectly positioned you<br />

should raise this with your line manager in the first instance.<br />

• You should check that your salary details are correct in your monthly payslip. If<br />

you suspect that your remuneration information (e.g. monthly salary slip) is<br />

incorrect tell the HR Helpline immediately.<br />

• Tell the HR Helpline immediately if you change any bank details or if your<br />

personal circumstances change, as this may affect entitlement and eligibility to<br />

certain elements of the flex account.<br />

• You must obtain prior approval from your line manager before working<br />

paid overtime.<br />

• Claims must be made monthly, for overtime worked in the previous month, on<br />

authorised claim forms.<br />

What are the responsibilities of line managers?<br />

As a line manager, you must:<br />

• ensure that your employees are told why their salary is positioned where it is with<br />

reference to their job family;<br />

• ensure you treat all employees fairly when allocating salaries and bonuses;<br />

• keep a written record of all salary and bonus decisions and the rationale behind<br />

them with reference to peer group comparisons to ensure that we are able to show<br />

how an employee’s salary has been reviewed and if applicable how a bonus<br />

amount was decided; this normally takes place annually through the annual pay<br />

review process; and<br />

• contact the HR Helpline in the first instance to discuss interim salary reviews or<br />

retention payments.<br />

The policy<br />

Reward strategy<br />

The <strong>FSA</strong>’s Reward Strategy focuses on rewarding those who:<br />

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• demonstrate successful and consistent delivery against objectives;<br />

• make a significant overall contribution to the <strong>FSA</strong>’s regulatory goals; and<br />

• demonstrate the values and behaviours that <strong>FSA</strong> expects and requires.<br />

Incentives are available to all employees and are targeted in particular at our<br />

highest performers.<br />

Flexible benefits and pensions are provided to all permanent and fixed-term<br />

employees to complement the <strong>FSA</strong>’s comprehensive reward package, these form part<br />

of your total remuneration package.<br />

This policy section covers the salary elements and benefits available to employees<br />

and also the process for reviewing salary and bonus.<br />

The <strong>FSA</strong> sets its base salaries with reference to the financial and non-financial<br />

sectors; these benchmarks are used to generate our job families.<br />

As a general principle, salaries at the <strong>FSA</strong> are positioned at, or close to, the median<br />

for the relevant job family and level. Positioning with reference to the median is<br />

determined by a range of factors including, but not limited to, experience, skills and<br />

affordability. New staff and those whose experience is limited can expect to be<br />

positioned initially below the median and, on demonstrating competence against the<br />

<strong>FSA</strong>'s published Behavioural Framework, can expect to make progress towards the<br />

median. Some highly experienced staff will be placed above the median to reflect<br />

their expertise and expected contribution. In any population, it would be expected<br />

that there will be a range of salaries at, above and below the median of any given<br />

salary range, consistent with a normal distribution pattern and reflective of a mixed<br />

population of highly experienced and less experienced employees.<br />

Elements of remuneration<br />

All permanent and fixed-term employees are eligible to receive the following core<br />

contractual elements of remuneration:<br />

Base salary<br />

This is the basic salary for your role and determines all other benefits including<br />

pension contribution made by the <strong>FSA</strong>, flexible benefits allowance, incentive,<br />

overtime (if appropriate), holiday and sick pay.<br />

Pension<br />

The <strong>FSA</strong> operates a non-contributory pension plan for all employees. <strong>Employee</strong>s are<br />

offered pension benefits in the Money Purchase part of the Plan.<br />

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Core Benefits<br />

These are the benefits provided to all permanent employees by the <strong>FSA</strong> which sit<br />

outside the Flexible Benefits Plan and which form part of your Contract of<br />

Employment. In addition to core holidays (23 days for all full time staff), these<br />

include life assurance, permanent health assurance and private medical insurance.<br />

Base salary and Core benefits are contractual elements and form part of your<br />

Personal Statement of Terms and Conditions of Employment.<br />

Non-contractual elements of remuneration<br />

Flex account<br />

The flex account is an amount of money you receive each month to enable you to<br />

choose your preferred combination of benefits to suit your needs and lifestyle, in<br />

addition to the Core Benefits. Your flex account is determined by your base salary;<br />

further details on how it is calculated here:<br />

Flexible Benefits account<br />

Further information on flexible benefits can be found at:<br />

Flexible Benefits<br />

Non-financial benefits<br />

In addition we also offer a comprehensive range of non-financial benefits including:<br />

• interesting jobs offering a unique insight into financial services;<br />

• the chance to contribute first-hand to the financial well-being of millions of UK<br />

consumers and to the health of our financial markets;<br />

• access to highly rated learning and development opportunities;<br />

• a range of flexible working options; and<br />

• subsidised fitness centre, staff restaurant and on site health services.<br />

Annual Individual Incentive Plan<br />

The <strong>FSA</strong> operates an annual incentive plan which is available to all employees. This<br />

is a discretionary plan and offers employees the opportunity to receive a payment of<br />

up to 35% of their annual salary, depending on their performance and contribution.<br />

Incentives are non-pensionable and not guaranteed. The incentive plan is reviewed<br />

regularly and may be changed without notice. Getting an incentive payment one year<br />

does not mean you will receive payment in subsequent years.<br />

<strong>Employee</strong>s will be excluded from the incentive plan if:<br />

195


- they have given or received notice of termination of employment; or<br />

- have less than three months’ service at 1 April.<br />

Other situations: The following employees may be excluded:<br />

• if they have been subject to sanctions (e.g. warnings) under disciplinary<br />

procedure within a period to be determined by the <strong>FSA</strong> in each case; or<br />

• are on any stage of the Disciplinary and / or Performance<br />

Management procedures.<br />

Salary review process<br />

Salaries are reviewed annually in April. The pay review process is carried out<br />

in the first quarter of the year following appraisals. All employees (including fixed<br />

term) are eligible to participate in the annual salary review with the exception<br />

of employees:<br />

• with less than three months’ service at 1 April will not be included in the pay<br />

review for that year;<br />

• who are on probation will be included (provided they have more than 3 months’<br />

service at 1 April) but any increase will not become effective until their probation<br />

has been confirmed;<br />

• who have given or received notice of termination of employment;<br />

• who are under a (‘Stage 2’ or above) Disciplinary investigation (although<br />

dispensation may be given to Stage 1 investigations); or<br />

• who have received an interim salary increase between 1 January and 1 April.<br />

Interim salary review policy<br />

The annual salary review takes place in April. Most <strong>FSA</strong> employees will have their<br />

salary reviewed at this time. However, some circumstances may give rise to the need<br />

to consider an interim salary review, including:<br />

• promotions (changes to contractual grades not movement between job families);<br />

• if an individual has made significant progress within a job family to the extent<br />

that comparison with the next level in the job family is more appropriate and was<br />

either not apparent or not taken into account at the previous pay review; or<br />

• rapid change in external market conditions – although line managers should also<br />

consider the use of a retention bonus to ease a short-term pressure on salaries<br />

(see section below) – that mean salaries have risen sharply and the <strong>FSA</strong> is at risk<br />

of losing key staff whose departure could affect our ability to deliver against key<br />

external priorities.<br />

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Line managers should consult with the HR Helpline for further guidance on making<br />

interim salary awards, in particular to discuss the risks of losing key staff and<br />

alternative measures for retaining key skills.<br />

Interim salary increases are funded by the sponsoring business unit and should be<br />

agreed by the appropriate HoD, Director and HR Business Partner.<br />

Retention bonus policy<br />

The <strong>FSA</strong> recognises the need to identify and retain key skills in order to deliver<br />

our business plan. Talent management plays a key role in the identification,<br />

development and retention of skilled employees. However, in some situations we<br />

may need to consider paying additional bonus in order to retain certain individuals.<br />

Examples include:<br />

• to align with the delivery of a critical project;<br />

• to keep an individual in position for a particular period of time; and<br />

• to retain key skills within the <strong>FSA</strong>.<br />

Links with other policies<br />

Pay, rewards and benefits have close links with other policy areas, including<br />

the following:<br />

Absences: Pay and Benefits in connection with absences<br />

See the Sickness Absence Policy for details of sick pay.<br />

Salary and bonus<br />

Short and extended absences will not affect pay and bonus, although pay increase and<br />

payment of bonus will be deferred until the employee returns.<br />

Long-term absences will trigger (if any bonus payable) a pro rata bonus amount to<br />

reflect the actual amount of time at work, and therefore your actual contribution.<br />

If an employee is absent for more than 130 days in the performance year (i.e. for<br />

more than half the number of eligible working days in the performance year), they<br />

will not receive a bonus for that year.<br />

Summary of the overtime process<br />

In certain circumstances it may become necessary to work additional hours in order<br />

to meet the demands of a particular project or task. Currently Administrator/Secretary<br />

grades are eligible to be paid overtime. Eligibility is not a contractual right and any<br />

paid overtime must be agreed with your Divisional Director before the additional<br />

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work commences. Overtime will only be paid for pre-agreed project work or<br />

role-specific tasks that cannot be carried out during normal working hours and such<br />

exceptional circumstances as agreed by the Director (complete the overtime eform).<br />

If you are an Associate (with Associate benefits) in the Information Systems,<br />

Property & Workplace, or Corporate Security areas, you may be entitled to be paid<br />

overtime (see below). There is no contractual entitlement to overtime working. All<br />

overtime must be authorised in advance by the Divisional Director.<br />

Your Personal Statement will state whether you are eligible to receive payment for<br />

authorised overtime.<br />

The following overtime rates apply for Administrators/Secretaries:<br />

Monday to Friday 1.5 x pensionable hourly rate<br />

Saturday, Sunday and Bank Holidays 2.0 x pensionable hourly rate.<br />

• Overtime will only be paid for periods of more than one hour in any day. Eligible<br />

full time employees will not be paid overtime until they have worked at least<br />

36 hours in the relevant week, i.e. you must work one hour past your standard<br />

hours to be able to claim pre-approved overtime. After that, payment will be<br />

made for each completed period of 15 minutes worked.<br />

• Part time employees will be paid overtime at their normal hourly rate until they<br />

have worked 36 hours in a week (the equivalent for full time employees). After<br />

that any approved overtime payments will be paid at 1.5 or 2 times the hourly rate<br />

• Payments will be made through the payroll. Please note that the cut-off date for<br />

inclusion in the payroll is normally the 7th of the month.<br />

The cost of overtime will be charged to your departmental cost centre.<br />

Out of hours working policy for Associates (with Associate contractual<br />

clause relating to overtime) in the Information Systems Division, Property<br />

& Workplace, and Corporate Security Departments<br />

The policy applies to Associates whose contracts of employment indicate that they<br />

are entitled to overtime payments.<br />

Where possible, out-of-hours working, whether planned or unplanned, will be<br />

dealt with by use of rota/staggered hours. Additional hours worked, which cannot<br />

be accommodated in this way, will normally be compensated by time off in lieu.<br />

In exceptional circumstances, provided that other methods have been ruled out,<br />

Directors may use their discretion to allow overtime payments.<br />

Payment arrangements are currently as follows:<br />

• Monday to Friday - Time off in lieu wherever possible, payment of time and a<br />

half where it is not possible. Payment will not be made for periods of less than<br />

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one hour in any day. After completion of one hour, payment will be made for<br />

each completed period of 15 minutes worked.<br />

• Weekends (attendance commencing between midnight Friday and 5am Monday)<br />

or public holidays - flat rate payment of £80 plus time and a half for all hours<br />

worked (paid by the quarter hour).<br />

All out-of-hours working must be approved in advance by the Divisional Director.<br />

Contractual Information (start)<br />

Adjusted salary<br />

This is the amount that you are paid after applying any increase or reduction to your<br />

basic salary as a result of the flexible benefits plan. If there are no adjustments<br />

resulting from the flexible benefits plan, this will be your basic salary.<br />

For a full explanation of the flexible benefits plan and how it works, please see the<br />

flexible benefits plan booklet. The flexible benefits plan is not incorporated by<br />

reference into your Contract of Employment.<br />

Confidentiality of salary<br />

Details of your basic salary and/or flex account will be treated by the <strong>FSA</strong> as<br />

confidential information. We will only disclose this on a ‘need to know’ basis.<br />

Salary review<br />

Your basic salary is normally reviewed annually on 1 April. Any increase will be at<br />

the discretion of the <strong>FSA</strong> and you will be notified about this in writing.<br />

All <strong>FSA</strong> employees will be included in the annual pay review except for those who,<br />

as at 1 April:<br />

• have been employed by the <strong>FSA</strong> for three months or less;<br />

• have either given, or received, notice of termination of employment.<br />

If you join the <strong>FSA</strong> after 31 December in any year, you will not be included in the<br />

pay review for that year. If you are on probation as at 1 April and but joined the <strong>FSA</strong><br />

before 31 December you will be included in the pay review, but any increase agreed<br />

will not be awarded until after you have successfully completed your probationary<br />

period and your appointment has been confirmed.<br />

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Contractual Information (end)<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Salary& Benefits Policy as at April 2009. The policy is owned by<br />

the HR Division and has been developed in conjunction with the <strong>FSA</strong>'s Staff<br />

Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– we will publish any changes on the intranet.<br />

Any questions on how the policy applies should be directed to the HR Helpline on<br />

extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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9 Performance, Discipline<br />

and Grievance<br />

Disciplinary Procedure<br />

The <strong>FSA</strong> believe in creating a working environment where our employees know what<br />

is expected from them – this includes following reasonable instructions, complying<br />

with the terms of their contract of employment and adhering to the <strong>FSA</strong>’s conduct<br />

policy, security and compliance standards.<br />

We believe in managing our employees fairly and consistently, but where conduct<br />

does not meet our expectations, we will discuss the improvements required and take<br />

whatever action is required.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• We will manage any concerns about conduct in line with the following principles:<br />

• We will discuss any concerns we have with you and listen to what you have<br />

to say.<br />

• We will use informal processes to try to resolve matters wherever possible.<br />

• We will not take formal action until we have undertaken a thorough investigation.<br />

• We will keep any action and paperwork confidential – as far as we can.<br />

• We will follow this disciplinary procedure if formal action is needed.<br />

• We will treat you fairly and if necessary may vary these procedures where<br />

individual circumstances require it.<br />

What the <strong>FSA</strong> expects of you<br />

• Comply with reasonable instructions, the terms of your contract of employment<br />

and the <strong>FSA</strong>’s conduct, policy, security and compliance standards.<br />

• Discuss any issues that affect your work with your manager in the first instance.<br />

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The Disciplinary Procedure<br />

The <strong>FSA</strong>’s Disciplinary Procedure has three stages and we reserve the right to initiate<br />

the procedure at any stage taking into account the alleged misconduct of an employee<br />

and all the circumstances of the matter.<br />

Stage 1 – First written warning: If your conduct has failed to meet expected<br />

standards, despite interventions from your line manager (for clear desk breaches there<br />

might not be any interventions), you will be required to attend a meeting with your<br />

Manager. The exact nature of the suspected misconduct will be explained in full. If<br />

your Manager believes it to be justified, you may be given a written warning, which<br />

will give details of the complaint (misconduct) and will warn that further action will<br />

result if there is a repetition of the misconduct or no satisfactory improvement within<br />

a specified period. The written warning will contain specific actions and/or objectives<br />

that need to be fulfilled in order for agreed improvement to take place. A copy will<br />

be placed on your personal file, but will be disregarded for disciplinary purposes after<br />

six months subject to satisfactory conduct.<br />

Stage 2 – Final written warning: If the misconduct is sufficiently serious or if,<br />

following a formal written warning, there is a further incident of misconduct within<br />

the period specified (whether or not of the same nature or severity), you will be<br />

interviewed by your Director/Head of Department. Your Director/Head of<br />

Department will then decide on the action to be taken. If the interviewer believes the<br />

complaint to be justified, you may be given a final written warning stating that if<br />

your conduct does not improve during a specified period, dismissal, or some other<br />

specific action, will result. The warning will contain specific actions and/or<br />

objectives that need be fulfilled in order for agreed improvement to take place. A<br />

copy will be placed on your personal file, but will be disregarded for disciplinary<br />

purposes after 12 months subject to satisfactory conduct (although in exceptional<br />

cases the period may be longer, or the final written warning may not be disregarded).<br />

Stage 3 – Dismissal: If your misconduct is sufficiently serious, or if your conduct is<br />

still unsatisfactory following a final written warning and you fail to reach the<br />

required standards, you will normally be dismissed. The decision to dismiss will be<br />

taken by a panel comprising a Director and/or Head of Department who have not<br />

been involved in the investigation, plus a member of the HR Division who will be<br />

there to provide procedural guidance. Any decision to dismiss will be taken<br />

following a thorough review of all the evidence.<br />

General misconduct<br />

Examples of general misconduct include (but are not limited to):<br />

• persistent poor time keeping;<br />

• unauthorised absence and/or poor attendance record;<br />

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• failure to observe <strong>FSA</strong> procedures;<br />

• unreasonable refusal to follow reasonable instructions or work request issued by<br />

a manager;<br />

• failing to deal promptly, efficiently and politely with third parties with whom you<br />

have dealings on behalf of the <strong>FSA</strong>; and<br />

• rude or abusive behaviour;<br />

• failure to maintain effective working relationships.<br />

In the case of general misconduct you will normally be issued with a written warning<br />

for a first offence and recommendations may also be made about withholding or<br />

deferring the receipt of bonus payments and/or pay rises.<br />

Gross misconduct<br />

Examples of gross misconduct include (but are not limited to):<br />

• fraud, theft, dishonesty or obtaining or attempting to obtain an advantage at<br />

the expense of the <strong>FSA</strong> or any person, firm or organisation that is regulated by<br />

the <strong>FSA</strong>;<br />

• offering or accepting bribes under the Bribery Act 2010;<br />

• falsification of records, reports, accounts, expense claims or<br />

self-certification forms;<br />

• physical assault of another employee or member of the public;<br />

• damage to or deliberate misuse of company property including use of<br />

the Internet;<br />

• being under the influence of alcohol, drugs or other substances that impair<br />

performance or conduct while at work (including attending any event, whether<br />

social or otherwise at <strong>FSA</strong> premises or elsewhere);<br />

• being convicted of any criminal offence (whether or not relating to employment),<br />

which in the opinion of the <strong>FSA</strong>, seriously undermines the <strong>FSA</strong>’s confidence<br />

in you;<br />

• deliberate acts of discrimination, harassment or victimisation in breach of the<br />

Equality of Opportunity Policy or Dignity at Work Policy, or instructing or aiding<br />

someone to commit an act of discrimination, harassment or victimisation in<br />

breach of the Equality of Opportunity Policy;<br />

• making false statements about one’s own or another employee’s work, the<br />

falsification of working papers, or the making of any statements likely to be<br />

detrimental to the reputation of the <strong>FSA</strong>;<br />

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• misuse of the Whistleblowing Policy by deliberately raising false and/or<br />

malicious allegations;<br />

• repeated failure to comply with a reasonable work request;<br />

• bringing the <strong>FSA</strong> into disrepute.<br />

We reserve the right to dismiss you, without notice or pay in lieu of notice, if in our<br />

opinion you have committed an act of gross misconduct.<br />

Suspension<br />

If you are suspected of gross misconduct, you may be suspended from work on full<br />

pay and contractual benefits while we carry out an investigation.<br />

If gross misconduct is not initially suspected or believed to have occurred, but during<br />

the course of an investigation the person conducting it reasonably forms the opinion<br />

that a serious breach of discipline may have occurred, you may then be suspended.<br />

Any decision to suspend will be confirmed in writing within three working days and<br />

will confirm that the nature of the suspension is precautionary, not disciplinary,<br />

pending the outcome of the disciplinary investigation. The period of suspension will<br />

be as brief as possible and will be kept under review.<br />

Investigation<br />

The <strong>FSA</strong> will promptly and thoroughly investigate any matter where we reasonably<br />

suspect or believe that conduct is not in line with our expectations. The investigation<br />

will be as thorough as possible. You will be asked to supply any evidence relevant to<br />

the investigation and will be notified when it has concluded.<br />

Depending on the circumstances of the case, you may be invited to attend an<br />

investigatory meeting. If such a meeting is held prior to a disciplinary meeting, you<br />

will be informed at the outset that the meeting is an investigatory interview. The <strong>FSA</strong><br />

reserves the right to dispense with an investigatory meeting and to proceed directly to<br />

a formal disciplinary meeting.<br />

The investigator(s) will not make decisions relating to the outcome of the case and<br />

will only attend any disciplinary meeting in order to present facts and supporting<br />

materials (as required).<br />

Right to be accompanied<br />

You are entitled to be accompanied at formal disciplinary meetings by a companion,<br />

who may be a Staff Consultative Committee representative or another <strong>FSA</strong> employee<br />

of your choice who may be a friend or colleague. Please note that the fellow<br />

employee should not be a member of the HR Division. Alternatively, you may be<br />

accompanied by a Trade Union official. The meeting may be postponed, at your<br />

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equest, for up to five working days if your chosen companion is not available to<br />

attend on the date set for the meeting.<br />

Disciplinary hearing<br />

Preparing for the hearing<br />

Where there are reasonable grounds to believe that you have committed an act of<br />

misconduct, you will be invited to attend a disciplinary hearing. Prior to any<br />

disciplinary hearing, the <strong>FSA</strong> will provide you with:<br />

at least 3 working days’ advance notice of the hearing;<br />

− details of the time and venue;<br />

− details of the purpose of the hearing, potential sanctions (where appropriate)<br />

and confirmation that it will be held under the <strong>FSA</strong>’s disciplinary procedure;<br />

− written details of the nature of your alleged misconduct plus all copies of<br />

relevant documentation that the <strong>FSA</strong> intends to rely upon at the hearing;<br />

− instructions that either party should notify the opposite party of any intention<br />

to call witnesses or supply witness statements.<br />

If you are unable to attend the disciplinary hearing and provide a good reason for<br />

failing to attend, the hearing will be adjourned to another day. The <strong>FSA</strong> will give at<br />

least three working days’ advance notice of the revised hearing. Unless there are<br />

special mitigating circumstances, if you are unable to attend the rearranged hearing,<br />

it will take place in your absence. You will also be allowed to make written<br />

submissions in such a situation. Your companion or trade union official may attend<br />

in such circumstances and will be allowed the opportunity to present your case.<br />

The hearing<br />

The disciplinary hearing will normally be conducted by your line manager, unless a<br />

more senior manager is required (see stages above).<br />

You will be given a full explanation of the case against you and be given the<br />

opportunity to state your case and put forward an explanation of your conduct and/or<br />

mitigating factors.<br />

The <strong>FSA</strong> may adjourn disciplinary proceedings if it appears necessary or desirable<br />

to do so (including for the purpose of gathering further information). You will be<br />

informed of the period of any adjournment. If further information is gathered, you<br />

will be allowed a reasonable period of time, together with your companion (if any),<br />

to consider the new information before reconvening the disciplinary hearing.<br />

As soon as possible after the conclusion of the disciplinary proceedings, the<br />

decision maker (or their nominated alternative) will convey the decision to you<br />

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and will inform you of what disciplinary action, if any, is to be taken. The decision<br />

will be confirmed in writing. You will be notified of your right of appeal under<br />

this procedure.<br />

Disciplinary action<br />

Where the <strong>FSA</strong> establishes that you have committed a disciplinary offence, the<br />

following disciplinary action may be taken:<br />

If the misconduct is serious a First Written Warning may be given. If the conduct is<br />

sufficiently serious a Final Written Warning maybe issued.<br />

If, following a First Written Warning, there is a further incident of misconduct<br />

(whether or not of the same nature) within the period, a Final Written Warning may<br />

be issued.<br />

If the misconduct is sufficiently serious or if conduct is still unsatisfactory following<br />

a Final Written Warning, you will normally be dismissed. Where the <strong>FSA</strong> establishes<br />

that you have committed an act of gross misconduct, you may<br />

be summarily dismissed without notice or pay in lieu of notice, following an<br />

investigation and hearing.<br />

Alternatives short of instant dismissal may be considered at the absolute discretion of<br />

the <strong>FSA</strong>. We may use one or more of the following depending on the circumstances:<br />

• Suspension without pay up to a maximum of 7 days.<br />

• Demotion to a more suitable job, if available.<br />

• Transfer to another department/division.<br />

The alternatives short of dismissal mentioned above are not exhaustive and the <strong>FSA</strong><br />

reserve the right to take any action we consider appropriate in the circumstances.<br />

In addition to formal action, consideration will be given to withholding or deferring<br />

the receipt of bonus payments and/or pay rises.<br />

While any formal warnings are in place, you are required to disclose the matter<br />

as part of the internal recruitment process, should you decide to apply for an<br />

advertised role.<br />

Appeals<br />

You may appeal against any disciplinary sanction imposed against you.<br />

Appeals may be lodged on a number of grounds, including:<br />

• new evidence coming to light;<br />

• the decision being wrong or unreasonable;<br />

• the inappropriateness of any penalty imposed; and<br />

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• process or procedural irregularities.<br />

Any appeal against the issue of a written warning or dismissal must be lodged in<br />

writing with the appropriate manager (see table below) within five working days of<br />

being informed of the decision that has been made detailing the grounds for appeal.<br />

Action Taken by Appeal to Appeal heard by<br />

First written warning Line Manager Manager of person<br />

who issued the<br />

warning.<br />

Final written warning Line Manager Manager of person<br />

who issued the<br />

Dismissal Line Manager and<br />

Senior Manager<br />

warning.<br />

Manager of person<br />

who issued the<br />

warning.<br />

Manager of person<br />

who issued the<br />

warning.<br />

HR Director Two people who will<br />

be senior employees<br />

of the <strong>FSA</strong> and not<br />

involved in the case<br />

to date.<br />

The <strong>FSA</strong> will normally hold the appeal meeting within ten working days of receipt of<br />

the written request where possible, and will give at least three working days’ notice<br />

of the meeting.<br />

The manager hearing the appeal must decide on the basis of representations from you<br />

and the manager, together with any subsequent facts that may have come to light,<br />

whether to uphold the decision that has been made.<br />

An appeal against dismissal will be heard by two people appointed by the<br />

HR Director, who will be senior employees and who will not have been involved<br />

in any action previously conducted under the disciplinary. A member of the HR<br />

Division will also be present to take notes and give procedural advice when required.<br />

The outcome of the appeal meeting and the reasons for the decision will be<br />

confirmed in writing as soon as possible.<br />

At the appeal, any sanction imposed will be reviewed but cannot be increased.<br />

Where an appeal against dismissal fails, the original decision to dismiss will have<br />

had immediate effect and, if the dismissal is by notice, the period of notice will<br />

already have commenced on the date that the decision was given. If the original<br />

decision was to dismiss immediately without notice, the <strong>FSA</strong> is under no obligation<br />

to pay for any period between the date of the original dismissal and the appeal<br />

decision – the original date of termination will stand unless the decision to dismiss is<br />

overturned on appeal.<br />

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Timelines<br />

The timelines provided in this procedure are intended as a guideline. Although in<br />

many cases we would expect the process to operate more quickly, there may be<br />

occasions where it proves impossible to meet the timelines. This may include, for<br />

example, occasions where key participants in the process are not available due to<br />

holiday. Similarly, the timescales may need to be extended if the matter is especially<br />

complex and requires detailed investigation. In these circumstances you will be told<br />

the date by which you can expect a response and every effort will be made to<br />

complete the process as quickly as possible.<br />

Who is covered by this policy?<br />

This procedure covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Disciplinary Policy as at May 2011.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Dismissal Procedure<br />

From time to time the <strong>FSA</strong> needs to terminate the employment of an employee; for<br />

example, when we do not confirm a probationary period, or for reasons of<br />

unacceptable conduct or capability.<br />

The purpose of this policy is to ensure a consistent and fair approach to dismissal is<br />

applied across the <strong>FSA</strong>.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• We will manage any dismissals in line with the following principles.<br />

• We will let you know in writing why we are considering terminating<br />

your employment.<br />

• We will meet with you and listen to what you have to say.<br />

• We will make a decision based on the information available to us.<br />

• We will let you appeal against any decision to dismiss.<br />

• We will treat employees fairly and if necessary may vary these procedures if<br />

individual circumstances require it.<br />

What the <strong>FSA</strong> expects of you<br />

• We expect you to meet with us and share your views on the proposed dismissal<br />

so we can make a decision based on full information.<br />

The Dismissal Procedure<br />

There are three basic steps within the <strong>FSA</strong>’s dismissal procedure. These are<br />

summarised as follows.<br />

Step 1 – We will write to you explaining that the <strong>FSA</strong> is intending to terminate your<br />

employment and the reasons why. You will be invited to attend a meeting, at which<br />

you will be given an opportunity to discuss the matter in more detail with us.<br />

Step 2 – A meeting will be held and you will be given the opportunity to discuss the<br />

possible termination of your employment and the reasons for this. After the meeting,<br />

we will consider the proposal in light of any representations you make and a decision<br />

will be made about whether or not to proceed with a termination. You will be<br />

informed of the decision in writing and (where dismissal is confirmed) of your right<br />

to appeal.<br />

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Step 3 – If you wish to submit an appeal, you should do so in writing to the HR<br />

Director within five working days of receiving the decision. Your letter should make<br />

clear the reasons why you believe the decision should be reviewed.<br />

You will be invited to attend an appeal meeting, which will take place within ten<br />

working days of receipt of your written notice of appeal.<br />

The appeal will be heard by a more senior manager, who has not been involved in<br />

any of the meetings or discussions previously carried out under this procedure.<br />

The outcome of the appeal will be confirmed to you in writing as soon as possible<br />

after the appeal has been held. The decision made at the appeal will be final and<br />

there is no further right of appeal. Where an appeal against dismissal fails, the<br />

effective date of termination of employment will be the date on which you were<br />

originally dismissed.<br />

Right to be accompanied<br />

You are entitled to be accompanied at formal dismissal meetings by a companion,<br />

who may be a Staff Consultative Committee representative or another <strong>FSA</strong> employee<br />

of your choice who may be a friend or colleague. Please note that the fellow<br />

employee should not be a member of the HR Division. Alternatively, you may be<br />

accompanied by a Trade Union official. The meeting may be postponed, at your<br />

request, for up to five working days if your chosen companion is not available to<br />

attend on the date set for the meeting.<br />

Timelines<br />

The timelines in this procedure are intended as guidance.<br />

Who is covered by this policy?<br />

This procedure covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Dismissal Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

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Contractual status of this policy<br />

This policy does not form part of your contract of employment unless<br />

otherwise stated.<br />

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Grievance Procedure<br />

The <strong>FSA</strong> is working to become an organisation where employees feel stimulated,<br />

developed and able to give their best to their work. However, we are aware that from<br />

time to time, employees may be unhappy about certain aspects of their working life.<br />

We believe that most concerns can be dealt with quickly and informally if the<br />

employee and line manager have open and honest conversations. However, there are<br />

times when concerns cannot be resolved in this way.<br />

The purpose of this policy is to provide employees and line managers with an<br />

approach for raising and addressing a diverse range of work concerns in a fair and<br />

timely manner and as closely as possible to the point of origin.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

We will manage concerns raised about working life in line with the following<br />

principles and will:<br />

• deal promptly with any concerns you raise and listen to what you have to say;<br />

• try to address concerns as closely as possible to the point of origin;<br />

• establish the facts of a complaint, conducting an investigation where required;<br />

• attempt where possible to deal with concerns informally;<br />

• follow this grievance procedure if informal processes have not worked;<br />

• keep any actions and paperwork confidential – as far as we can;<br />

• treat employees fairly and vary these procedures if necessary, e.g. if they place<br />

disabled employees at a disadvantage; and<br />

• support all parties to the process in a sensitive and appropriate way.<br />

What the <strong>FSA</strong> expects of you<br />

We expect employees to:<br />

• use informal processes to try to resolve their concerns wherever possible;<br />

• raise any grievance as soon as possible after the event giving rise to the<br />

complaint (as a general guide we suggest that it should normally be raised<br />

within two weeks);<br />

• put your complaint in writing if you are using the formal stages of the<br />

grievance procedure;<br />

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• explain how you would want your concerns to be resolved; and<br />

• keep the details of the grievance confidential.<br />

The Grievance Procedure<br />

The <strong>FSA</strong>’s formal grievance procedure has three stages preceded by an<br />

informal stage.<br />

Informal stage<br />

As most complaints and grievances can be resolved informally by discussion<br />

with your immediate line manager, the first stage in dealing with most problems is to<br />

book a meeting with them and talk about it. Dealing with problems in this way can<br />

often lead to a quick resolution, as your line manager may be able to resolve the<br />

matter directly.<br />

Where appropriate, consideration could be given to the use of an independent third<br />

party to resolve the problem.<br />

Formal stage<br />

Sometimes you may not be able to resolve your grievance informally, or the<br />

matter may directly concern your immediate line manager and you may not feel<br />

that it is appropriate to raise it with them. In this case you need to follow the formal<br />

process below.<br />

Stage 1 – Raise the matter in writing with your line manager. If your grievance is<br />

about a line manager, you should raise it with the person they report in to. You need<br />

to make clear that you are raising a formal complaint under the <strong>FSA</strong>’s grievance<br />

procedure, provide as much detail as possible about your complaint and sign and date<br />

your letter.<br />

A meeting will be arranged with you in order to discuss your concerns – wherever<br />

possible, the meeting will take place within ten working days of receipt of your<br />

written grievance.<br />

You will be given the opportunity to present your complaints at the meeting and<br />

should provide any documents or names of witnesses you intend to rely on.<br />

The <strong>FSA</strong> will consider and respond to your grievance in writing, normally within<br />

20 working days of the meeting.<br />

Stage 2 – If you are dissatisfied with the outcome of the grievance process, you can<br />

write to the HR Director stating the reason why you disagree with the previous<br />

decision. You should do this within ten working days of being notified of the<br />

decision in Stage 1.<br />

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Although the HR Director will review your case and be responsible for making a<br />

final decision on your case, they may nominate a representative from within the<br />

<strong>FSA</strong> to help compile the evidence and make a recommendation. The HR Director<br />

or nominated person will obtain all the relevant records, gather any additional<br />

information and reconsider the matter.<br />

If necessary, a further meeting will be arranged, but in any event, wherever<br />

reasonably practicable, a decision will be made and confirmed in writing within<br />

20 working days of the date of referral. This decision will be final.<br />

Work concerns covered by this procedure<br />

This procedure should be used for general work concerns, such as (but not<br />

limited to):<br />

• breaches of your statutory employment rights;<br />

• not applying <strong>FSA</strong> procedures or policies correctly;<br />

• not allocating overtime, work duties or holiday dates fairly;<br />

• unfair working practices e.g. not signing off expense claims;<br />

• complaints about your work, working conditions, pay and benefits, working<br />

hours and working relationships; and<br />

• treatment by colleagues.<br />

Work concerns not covered by this procedure<br />

This procedure should be not used for breaches of our Equality of Opportunity<br />

Policy, such as:<br />

• victimisation;<br />

• bullying;<br />

• harassment;<br />

• discrimination.<br />

Complaints of this nature should be raised in accordance with the procedure provided<br />

in the Equality of Opportunity and Dignity at Work policies.<br />

This procedure should not be used for the purposes of whistleblowing. Concerns of<br />

this nature should be raised in accordance with the procedure provided in the<br />

Whistleblowing Policy<br />

.<br />

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Investigation<br />

The <strong>FSA</strong> will promptly and thoroughly investigate any grievance that is raised. The<br />

extent of any investigation will depend on the particular circumstances of the case.<br />

The employee will be notified of the investigation and when it has concluded.<br />

Right to be accompanied<br />

You are entitled to be accompanied at formal grievance meetings by a companion,<br />

who may be a Staff Consultative Committee representative or another <strong>FSA</strong> employee<br />

of your choice who may be a friend or colleague. Please note that the fellow<br />

employee should not be a member of the HR Division. Alternatively, you may be<br />

accompanied by a Trade Union official. The meeting may be postponed, at your<br />

request, for up to five working days if your chosen companion is not available to<br />

attend on the date set for the meeting.<br />

You must make all reasonable efforts to attend any grievance meeting. If you fail to<br />

do so, we may proceed with the meeting in your absence.<br />

Timelines<br />

The timelines provided in this procedure are intended as a guideline. Although in<br />

many cases we would expect the process to operate more quickly, there may be<br />

occasions where it may prove impossible to meet the timelines. This may include,<br />

for example, occasions where key participants in the process are not available due to<br />

holiday. Similarly, the timescales may need to be extended if the matter is especially<br />

complex and requires detailed investigation. In these circumstances you will be told<br />

the date by which you can expect a response and every effort will be made to<br />

complete the process as quickly as is possible.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Grievance Procedure as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at our discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

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Contractual status of this policy<br />

This policy does not form part of your contract of employment<br />

216


Performance Management Procedure<br />

The <strong>FSA</strong> expect our employees to work to the standards required of their job.<br />

However, from time to time we may have concerns that despite satisfactory conduct,<br />

an employee’s performance does not meet the standards required of their job.<br />

Concerns about performance might arise for a number of reasons, including:<br />

• lack of ability, skill or experience;<br />

• change in job;<br />

• reorganisation or redefinition of role; or<br />

• personal/family difficulties.<br />

Where an employee’s work standards do not meet the standards required for the job,<br />

we will work with them to help them deliver and sustain work to the standards we<br />

require within a reasonable period of time.<br />

The purpose of this procedure is to ensure a consistent and fair approach is adopted<br />

when an employee is unable to meet the standards required in their job for reasons<br />

other than misconduct.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

You can expect your line manager to do the following:<br />

• Make you aware of the standards of performance required for your job.<br />

• Talk to you about any shortfalls in performance as early as possible and listen to<br />

what you have to say.<br />

• Agree with you the support you need to meet the standards required.<br />

• Provide reasonable assistance and support to help you meet the<br />

standards required.<br />

• Give you a reasonable amount of time to make the necessary improvements.<br />

• Monitor your progress and discuss performance improvements or continued<br />

shortfalls with you.<br />

• Make you aware of the consequences of not meeting the standards.<br />

What the <strong>FSA</strong> expects of you<br />

We expect you to do the following:<br />

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Undertake your work to the standards required of your job.<br />

• Talk to your manager if you are unclear about the standards expected of you.<br />

• Let your line manager know at an early stage if you are struggling to perform<br />

according to the standards required of your job – they will then be able to assess<br />

the help you need.<br />

• Apply any training, coaching or other support provided to help you in your job<br />

and ask if you need additional help.<br />

• Take personal responsibility for undertaking your job to a satisfactory standard.<br />

• Let your manager know if there are any external / personal factors which may<br />

affect your performance e.g. family issues.<br />

The Performance Management Procedure<br />

The <strong>FSA</strong>’s formal performance management procedure has three stages preceded by<br />

an informal stage.<br />

Informal stage<br />

Your line manager should talk to you as soon as they have any concerns about your<br />

performance. Any concerns should initially be discussed informally as part of the<br />

regular performance management discussions that take place between you and your<br />

line manager.<br />

Open and honest discussions about improving performance should take place, which<br />

include the identification and provision of ongoing support and help to improve<br />

performance to the standards required. Support will be tailored to the individual case<br />

and may include additional training, mentoring and coaching.<br />

We expect your line manager to agree objectives with you, agree the actions required<br />

to improve your performance, set a review period and monitor and give you feedback<br />

on your progress. We expect you to take responsibility for getting your performance<br />

to the standard required, asking your line manager for help as required.<br />

We would hope that any underperformance can be addressed at this informal stage<br />

of the process. However, if underperformance continues, you do not improve enough<br />

over a reasonable period of time, or your line manager thinks the problems are<br />

serious enough, then the matter will escalate to the formal stage of the Performance<br />

Review Procedure.<br />

Formal stage<br />

The <strong>FSA</strong>’s formal performance management procedure has three stages. In most<br />

situations the procedure will move from one stage to the next. There may, however,<br />

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e occasions where this will not be the case and the process may start at any stage,<br />

including the third (and final) performance review meeting.<br />

First performance review meeting – You will be invited to a first performance<br />

review meeting if your line manager considers your level of performance to have<br />

shown insufficient improvement while being informally addressed, or the level of<br />

your performance has had serious consequences.<br />

You will be told why the meeting is necessary and will be entitled to state your case.<br />

Your line manager will chair the meeting and will make the decision regarding<br />

further action.<br />

If appropriate, you will be given a first written warning. This will explain the nature<br />

of the shortfall in performance, the improvement required (including the timescales)<br />

plus details of any training, development or other support that will be made available<br />

to help you achieve the required standard of performance. The first written warning<br />

will also explain that failure to make satisfactory progress within the specified review<br />

period may lead to further action being taken in line with this Performance<br />

Management Procedure, including your possible dismissal from the <strong>FSA</strong>.<br />

You will receive a copy of the first written warning, which will also be placed on<br />

your personal file. The warning will be disregarded for Performance Management<br />

Procedure purposes and removed from your file after six months, providing you<br />

achieve and sustain a satisfactory level of performance. In exceptional cases, the<br />

warning period may be longer than six months. While this warning is in place, you<br />

are required to disclose the matter as part of the internal recruitment process, should<br />

you decide to apply for an advertised role.<br />

You will have the right of appeal against any decision that is made.<br />

Second performance review meeting – You will be invited to a second performance<br />

review meeting if your line manager considers your level of performance to have<br />

shown insufficient improvement by the end of the first formal review period, or the<br />

level of your performance is considered to have significantly serious consequences.<br />

You will be told why the meeting is necessary and will be entitled to state your case.<br />

Your line manager will chair the meeting and will make the decision regarding<br />

further action.<br />

If appropriate, you will be given a final written warning that explains the nature of<br />

the shortfall in performance, the improvement required (including the timescales) and<br />

details of any training, development or other support that will be made available to<br />

help you achieve the required standard of performance. The final written warning<br />

will also explain that failure to make satisfactory progress within the specified review<br />

period may lead to further action being taken in line with this Performance<br />

Management Procedure, including your possible dismissal from the <strong>FSA</strong>.<br />

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You will receive a copy of the final written warning, which will also be placed on<br />

your personal file. The warning will be disregarded for Performance Management<br />

Procedure purposes and removed from your file after 12 months, providing you<br />

achieve and sustain a satisfactory level of performance. In exceptional cases, the<br />

warning period may be longer than 12 months. While this warning is in place, you<br />

are required to disclose the matter as part of the internal recruitment process, should<br />

you decide to apply for an advertised role.<br />

You will have the right of appeal against any decision that is made.<br />

Third performance review / dismissal meeting - You will be invited to a third<br />

performance review / dismissal meeting if your line manager considers that your<br />

level of performance has failed to reach the required standards, or your level of<br />

performance is considered irredeemable within a reasonable period, or your level<br />

of underperformance has a serious impact on the <strong>FSA</strong>.<br />

The meeting will follow the process for a dismissal meeting as outlined in the<br />

Dismissal Procedure. You will be told why the meeting is necessary and will be<br />

entitled to state your case, having been presented with the evidence to support<br />

the issue of poor performance. The decision to dismiss will be taken by your<br />

Director/ Head of Department as appropriate and following a review of the<br />

evidence. A member of the HR division will be present at the hearing.<br />

You will have the right of appeal against any decision that is made (See appeals<br />

section below):<br />

Stages Taken by Formal<br />

action<br />

First review meeting – initiated when<br />

level of performance is deemed to have<br />

adverse impact, or there is insufficient<br />

improvement following being informally<br />

addressed.<br />

Second review meeting – initiated when<br />

there has been insufficient improvement<br />

following first review or sufficiently<br />

serious.<br />

Third review meeting – initiated when<br />

level of performance has sufficiently<br />

serious consequences to <strong>FSA</strong> and if<br />

insufficient improvement after second<br />

review.<br />

Line<br />

Manager<br />

Line<br />

Manager<br />

Line<br />

Manager<br />

and/or<br />

Senior<br />

Manager<br />

First<br />

written<br />

warning<br />

Final<br />

written<br />

warning<br />

Dismissal<br />

Meeting<br />

Duration<br />

of<br />

warning<br />

Six<br />

months<br />

12 months<br />

N/A<br />

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Right to be accompanied<br />

You are entitled to be accompanied at formal performance improvement meetings by<br />

a companion, who may be a Staff Consultative Committee representative or another<br />

<strong>FSA</strong> employee of your choice who may be a friend or colleague. Please note that the<br />

fellow employee should not be a member of the HR Division. Alternatively, you may<br />

be accompanied by a Trade Union official. The meeting may be postponed, at your<br />

request, for up to five working days if your chosen companion is not available to<br />

attend on the date set for the meeting.<br />

Performance improvement meetings<br />

Preparing for the meeting<br />

If you are not performing to the required standards, your line manager will invite you<br />

to attend a performance improvement meeting. Prior to the meeting, the <strong>FSA</strong> will<br />

provide you with:<br />

• at least three working days' advance notice of the meeting;<br />

• details of the purpose of the meeting and confirmation that it will be held under<br />

the <strong>FSA</strong>’s performance management procedure;<br />

• written details of the nature of the underperformance and any other documents<br />

that will be discussed at the meeting.<br />

If you are unable to attend the meeting and provide a good reason for failing to<br />

attend, the meeting will be adjourned to another day. The <strong>FSA</strong> will give at least<br />

three working days’ advance notice of the meeting. Unless there are special<br />

mitigating circumstances, if you are unable to attend the rearranged meeting, it will<br />

take place in your absence. Your companion or trade union official may attend in<br />

such circumstances and will be allowed the opportunity to present your case. You<br />

will also be allowed to make written submissions in such a situation.<br />

The meeting<br />

The performance review meeting will normally be conducted by your line manager<br />

unless a more senior manager is required. A member of the HR Division may attend<br />

in order to take a note of the meeting and provide procedural advice.<br />

You will be given a full explanation of where your performance meets the standards<br />

the <strong>FSA</strong> require and where there is a shortfall in your performance against the<br />

standards required. You will be entitled to state your case and put forward any<br />

explanations and / or mitigating factors that are affecting your performance.<br />

The relevant manager will explain their decision (and their reasons for it) to you as<br />

soon as possible after the meeting finishes. Your line manager will let you know the<br />

support (if any) that is to be provided, or what action (if any) is to be taken. The<br />

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decision will be confirmed in writing and you will be notified of your right of appeal<br />

under this procedure.<br />

Sanctions<br />

Sanctions relating to underperformance in the formal stage of the procedure will vary<br />

depending on the case. We may use one or more of the following sanctions<br />

depending on the circumstances:<br />

• Transfer to a more suitable job, if one is available.<br />

• Withholding or deferring the receipt of incentive award payments and/or<br />

pay rises.<br />

Please review the Salary & Benefits Policy for additional information.<br />

The sanctions mentioned above are not exhaustive and the <strong>FSA</strong> reserve the right to<br />

take any action we consider appropriate in the circumstances.<br />

While any formal warning is in place, you are required to disclose the matter as part<br />

of the internal recruitment process, should you decide to apply for an advertised role.<br />

Monitoring progress<br />

A monitoring system should be put in place during the review period and a written<br />

record will be kept of any assessment made during the period. You will receive a<br />

copy of any written record. Your manager will talk to you about improvements made<br />

and/or continued underperformance during the review period, rather than you simply<br />

waiting for feedback at the end of the review period.<br />

Appeals<br />

If you are given a formal warning or notice of dismissal, you will have the right<br />

of appeal.<br />

Appeals may be lodged on a number of grounds, including:<br />

• new evidence coming to light;<br />

• the decision being wrong or unreasonable;<br />

• the inappropriateness of any penalty imposed; and<br />

• process or procedural irregularities.<br />

Any appeal against the issue of a first or final written warning, or dismissal must be<br />

lodged in writing with the appropriate manager (see table below) within five working<br />

days of being informed of the decision that has been made.<br />

Action Taken by Appeal to Appeal heard by<br />

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First written Line Manager Manager of person who Manager of person who<br />

warning<br />

issued the warning. issued the warning.<br />

Final written Line Manager Manager of person who Manager of person who<br />

warning<br />

issued the warning. issued the warning.<br />

Dismissal Line Manager and HR Director Two people who will be<br />

Senior Manager<br />

senior employees of the<br />

<strong>FSA</strong> and not involved in<br />

the case to date.<br />

The <strong>FSA</strong> will normally hold the appeal meeting within ten working days of receipt of<br />

the written request where possible, and will give at least three working days’ notice<br />

of the meeting.<br />

The manager hearing the appeal must decide on the basis of representations from<br />

both the employee and the manager, together with any subsequent facts that may<br />

have come to light, whether to uphold the decision that has been made.<br />

An appeal against dismissal will be heard by two people appointed by the<br />

HR Director, who will be senior <strong>FSA</strong> employees and who will not have been<br />

involved in any action previously conducted under the performance improvement<br />

procedures. A member of the HR Division will also be present to take notes and<br />

give procedural advice when required.<br />

The outcome of the appeal meeting and the reasons for the decision will be<br />

confirmed in writing as soon as possible.<br />

At the appeal any sanction imposed will be reviewed but cannot be increased.<br />

Where an appeal against dismissal fails, the original decision to dismiss will have<br />

had immediate effect and, if the dismissal is by notice, the period of notice will<br />

already have commenced on the date that the decision was given. If the original<br />

decision was to dismiss the employee immediately without notice, the <strong>FSA</strong> is under<br />

no obligation to pay the employee for any period between the date of the original<br />

dismissal and the appeal decision – the original date of termination will stand unless<br />

the decision to dismiss is overturned on appeal.<br />

Timelines<br />

The timelines provided in this procedure are intended as a guideline. Although in<br />

many cases we would expect the process to operate more quickly, there may be<br />

occasions where it may prove impossible to meet the timelines. This may include,<br />

for example, occasions where key participants in the process are not available due to<br />

holiday. In these circumstances you will be told the date by which you can expect<br />

a response and every effort will be made to complete the process as quickly as<br />

is possible.<br />

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What happens if I am underperforming in my probationary period?<br />

Underperformance during the probationary period may indicate a mismatch in the<br />

skills of the new employee and the needs of the role. It is important that everyone is<br />

clear on the standards of performance expected of them, but this is particularly<br />

important for new employees. Line managers must regularly monitor the<br />

performance of new employees to identify and address problems quickly.<br />

If during your probationary period your level of performance does not meet the<br />

standards required for the job you are doing, your line manager will talk to you in<br />

accordance with the requirements of this performance improvement procedure.<br />

If during your probationary period your line manager is unhappy with your conduct,<br />

this will be managed in accordance with the Disciplinary Procedure.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Performance Management policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at our discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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10 Personal Conduct<br />

Your obligations at the <strong>FSA</strong><br />

The <strong>FSA</strong> has a Code of Conduct because we need to ensure that our work is carried<br />

out in an environment free from any suggestion of improper influence, in order to<br />

protect our reputation of the <strong>FSA</strong> and employees.<br />

Further information on the Code of Conduct can be found on the intranet pages.<br />

What you can expect from the <strong>FSA</strong><br />

• The Code of Conduct team will treat information supplied by staff in an<br />

appropriate manner. It will be kept confidential (unless there is a legal obligation<br />

to disclose it) and will not be misused in any way.<br />

• The Code of Conduct team will also be happy to support and guide staff<br />

in relation to Code of Conduct matters in order to make compliance as easy<br />

as possible.<br />

What the <strong>FSA</strong> expects from you<br />

• Compliance with the code is compulsory for all staff and breaches may result in<br />

disciplinary action, including, where appropriate, dismissal. We expect all staff to<br />

consider the code as an essential element in our culture.<br />

Everyone should be aware of the obligations set out in the code and follow relevant<br />

procedures in respect of conflicts of interests, share dealing, and gifts and hospitality.<br />

The policy<br />

Contractual Information (start)<br />

<strong>FSA</strong> Code of Conduct<br />

We are responsible for promoting and setting high standards of conduct, so our<br />

conduct both as an organisation and as individual employees is likely to come under<br />

close scrutiny. It is therefore essential that, in common with many other<br />

organisations, we have a Code of Conduct. This provides a framework for managing<br />

conflicts of interest and related matters. It also protects employees against any<br />

suggestion that regulatory decisions have been influenced by personal interests or<br />

that their investment decisions have been influenced by information made available<br />

in confidence to the <strong>FSA</strong>.<br />

225


Within this framework, the code has been kept as light and practical as possible. For<br />

conflicts of interest and personal dealings in shares, etc., we intend to rely as much as<br />

possible on a regime based on disclosure and pre-notification. Inevitably some<br />

restriction on dealings in shares and related investments will be required where you<br />

are directly involved in the affairs of the organisation concerned. There are no<br />

restrictions relating to the products and services provided by organisations regulated<br />

by the <strong>FSA</strong>, except a requirement for disclosure in certain limited circumstances,<br />

such as, for example, in the case of disputes where a conflict of interest could arise.<br />

It is the Ethics Officer’s responsibility to deal with matters arising from the code and<br />

to monitor the information disclosed under its provisions. Any enquiries that you<br />

may have on the personal implications of the Code of Conduct should be raised with<br />

the Ethics Officer.<br />

Failure to comply with the Code of Conduct, our standards of conduct and/or our<br />

security provisions may be a disciplinary matter, which may lead to dismissal.<br />

The Code of Conduct is set out in the <strong>FSA</strong>'s Code of Conduct for employees.<br />

Failure to comply with the Code of Conduct and/or the <strong>FSA</strong>’s standards of conduct<br />

or security provisions from time to time will be a disciplinary matter which may lead<br />

to dismissal.<br />

Compliance with the Code is compulsory for all staff and breaches of the Code may<br />

result in disciplinary action including, where appropriate, dismissal. We expect all<br />

staff to consider the Code as an essential element in the <strong>FSA</strong>’s culture.<br />

Everyone should be aware of the obligations set out in the Code and follow relevant<br />

procedures in respect of conflicts of interests, share dealing, and gifts and hospitality.<br />

Money laundering<br />

You have a personal responsibility to report knowledge or suspicion of money<br />

laundering. This is knowledge or suspicion about a firm or person, formed or<br />

obtained in the course of your work, which links the financial dealings of that firm<br />

or person (or its customers, connected persons, etc.) to drug trafficking, terrorist<br />

activities or other criminal conduct.<br />

This is not just an internal requirement. There are anti-money laundering laws that<br />

create this responsibility and make it a crime not to report. Providing you follow our<br />

reporting procedures, you will comply with the law. The key feature is to report any<br />

such knowledge or suspicion to your line manager for onward reporting to our<br />

Deputy Money Laundering Reporting Officer. The Deputy Money Laundering<br />

Reporting Officer is the person officially designated for disclosing knowledge or<br />

suspicion to the Serious Organisational Crime Agency (SOCA).<br />

Indemnity and notification requirements<br />

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The <strong>FSA</strong> will indemnify you (its employees and anyone who is seconded to the <strong>FSA</strong><br />

or is otherwise acting as a member of its employees) against any liability you incur in<br />

connection with claims or proceedings brought against you in relation to anything<br />

done or not done when working for the <strong>FSA</strong>. This applies whether proceedings are<br />

brought in the UK or overseas. The indemnity will cover any liabilities incurred in<br />

connection with such claims or proceedings, including any costs reasonably incurred<br />

in defending them, whether or not judgment is given in favour of the employee<br />

concerned. If you are seconded or assigned while employed by the <strong>FSA</strong>, we will,<br />

wherever appropriate, as a pre-condition of any secondment, either:<br />

• expressly confirm in writing that we will continue to indemnify you in line with<br />

the terms of this contract throughout the course of the secondment; or<br />

• ensure that the organisation you are seconded or assigned to gives you an<br />

equivalent indemnity.<br />

• The indemnity will not extend to any liability incurred where your acts or<br />

omissions are:<br />

• clearly done or omitted to be done in bad faith; or<br />

• are clearly outside or inconsistent with the scope of your responsibilities under<br />

your Contract of Employment with the <strong>FSA</strong>.<br />

• The indemnity is conditional with all of the following requirements. If you fail to<br />

comply with them, this could invalidate or otherwise affect the indemnity. The<br />

conditions are that you should:<br />

• inform your manager within the <strong>FSA</strong> and the <strong>FSA</strong> Company Secretary as soon as<br />

you become aware of the possibility of a claim against you or the <strong>FSA</strong>;<br />

• avoid any discussion of the matter with the potential claimant, but if this is<br />

impossible, keep a written note of the conversation;<br />

• under no circumstances admit liability for yourself or the <strong>FSA</strong>;<br />

• not try to settle or compromise or reduce the potential claim;<br />

• not seek outside legal advice except with the authority of the <strong>FSA</strong> General<br />

Counsel or Company Secretary; and<br />

• inform your management within the <strong>FSA</strong> and the <strong>FSA</strong> Company Secretary of any<br />

discovery of suspicion, fraud or dishonesty by a past or present employee of the<br />

<strong>FSA</strong> or anyone claiming to act on our behalf.<br />

Confidentiality of information<br />

You must observe absolute confidentiality concerning the affairs of the <strong>FSA</strong>, other<br />

than as required to perform your normal duties. This includes all aspects of the <strong>FSA</strong>’s<br />

business, committees, tribunals, panels and working groups, as well as the firms and<br />

227


individuals that we regulate. Information must be kept confidential, even if it is<br />

favourable and not adverse to the firm or individual concerned. Guidance is available<br />

from the General Counsel Division (GCD) on the circumstances in which <strong>FSA</strong> we<br />

and our employees may, in the course of their duties and for regulatory and other<br />

purposes, disclose confidential information. You should seek further guidance if you<br />

are at all uncertain as to whether confidential information can be disclosed.<br />

You should be particularly discreet in casual, social or other contact with journalists,<br />

regulated firms and individuals and other people operating in the financial markets.<br />

Disclosing confidential information without permission may be a criminal offence.<br />

The duty to observe confidentiality is ongoing and does not cease after you leave<br />

the <strong>FSA</strong>.<br />

References<br />

You must not give employment references, whether in the <strong>FSA</strong>’s name or otherwise,<br />

for existing or ex-employees of the <strong>FSA</strong>. All requests for employment references<br />

should be referred to HR Transactions. Requests for financial references should be<br />

referred to the HR Helpline.<br />

Gifts and hospitality<br />

Under no circumstances will you directly or indirectly offer, pay, request or accept<br />

any form of bribery or improper inducement. For more details, please refer to the<br />

Policy on the Acceptance of Gifts and Hospitality set out in the <strong>FSA</strong>’s our Code of<br />

Conduct for employees.<br />

Exclusive employment<br />

While employed by the <strong>FSA</strong> you are not permitted to undertake any additional<br />

employment, whether directly or indirectly, except with written approval of the <strong>FSA</strong>.<br />

Agreement will not be given where a potential conflict of interest exists, i.e. if the<br />

role involves any firm, person or organisation that is or has been regulated,<br />

monitored or investigated by the <strong>FSA</strong> or has applied for authorisation.<br />

Restrictions on external employment include casual or part-time work in your spare<br />

time (whether paid or not) and employment includes directorships, trusteeships ,<br />

local authority councillorships, or provision of services as consultant or agent.<br />

On joining the <strong>FSA</strong>, you must disclose any external employment, appointment or<br />

business interest. You will need to obtain written approval in advance from your<br />

Director/Head of Department before continuing with this activity.<br />

Intellectual property<br />

Any intellectual property created or produced during your employment, with the <strong>FSA</strong><br />

or related to work carried out by the <strong>FSA</strong>, may not be used by you except in the<br />

228


performance of your duties. Such work will remain the property of the <strong>FSA</strong> and you<br />

may be required to assign the property rights to the <strong>FSA</strong>.<br />

Speeches and publications<br />

Any fees received from speeches, articles, attendances at seminars or similar events,<br />

in your capacity as an employee, must be surrendered to the <strong>FSA</strong>. If you are writing<br />

or publishing any material connected with your work but not commissioned by the<br />

<strong>FSA</strong>, you should seek approval from the Head of Press Office and Events in advance.<br />

You are reminded that the publication of confidential information may be considered<br />

as gross misconduct and may lead to dismissal.<br />

Media enquiries<br />

In order to help the <strong>FSA</strong> to maintain a consistent line when dealing with press or<br />

other media enquiries, all press enquiries must be referred to the Press Office<br />

(extension 63232).<br />

If you receive a media enquiry you should not comment on what is being put to you,<br />

but politely and firmly refer the journalist to the Press Office. You should also<br />

contact the Press Office yourself to inform them of the enquiry.<br />

Only employees in the Press Office and those authorised by the Press Office should<br />

speak to the media.<br />

There are no exceptions to this requirement and even those authorised to talk to the<br />

press (who have all received formal training on dealing with journalists) need to<br />

contact the Press Office before responding to calls from journalists. This is designed<br />

to minimise any risk to individual employees as well as the <strong>FSA</strong>.<br />

Remember that the press may be present when employees are speaking at external<br />

conferences or events. Don't say anything you would be embarrassed to see in print,<br />

particularly during question and answer sessions.<br />

Changes in personal circumstances<br />

We need to keep accurate records of key information on all employees. It is<br />

essential that changes such as your home address, telephone number, marital status<br />

and who to contact in the event of an emergency are recorded by you on Chrysalis<br />

<strong>Employee</strong> Self-service.<br />

In order to comply with our statutory duties, we need to know of any changes in your<br />

personal circumstances, which affect or could potentially affect your employment<br />

with the <strong>FSA</strong>.<br />

You must inform your line manager of changes in your health so that, if necessary,<br />

we can comply with our statutory obligations to make reasonable adjustments to<br />

enable you to continue working.<br />

229


You must also inform your line manager and the HR Helpline, within a reasonable<br />

period of time, if you are personally affected by, or involved in any of the following<br />

circumstances:<br />

1. You are charged with or convicted of any criminal offence, which includes<br />

being disqualified from driving or receiving a formal police caution. This<br />

requirement does not extend to minor traffic offences;<br />

2. You are involved in civil litigation in any capacity other than as a witness.<br />

3. You are experiencing financial difficulties and/or have: filed for bankruptcy,<br />

individual voluntary arrangements, debt management plans, debt relief orders,<br />

or have County Court Judgements made against you.<br />

Any of the above information will be treated in strictest confidence, however we<br />

reserve the right to inform your Director/Head of Department when it is necessary<br />

and reasonable to do so.<br />

The <strong>FSA</strong> has legal obligations to fulfil as both an employer and the financial services<br />

regulator. If we become aware, either through one of our checks or you inform us,<br />

that you are affected by any of points 1 to 3 noted above, it may be necessary for us<br />

to reassess your suitability for continued employment with the <strong>FSA</strong>. If we have to<br />

undertake such an assessment, we will consider the following:<br />

• the principles of the Fit and Proper Test for Approved Persons;<br />

• the level of risk to the <strong>FSA</strong>’s reputation if you were to remain in your current<br />

role and/or function;<br />

• the level of risk to the <strong>FSA</strong>’s reputation if you were to undertake a different<br />

role at the <strong>FSA</strong>; and<br />

• whether you disclosed your situation voluntarily.<br />

The outcome of this assessment may result in:<br />

• moving you to another role within the <strong>FSA</strong> where the level of risk is removed<br />

or reduced;<br />

• disciplinary action against you, the sanctions of which may be to dismiss you<br />

(see the Disciplinary Procedure).<br />

We fully appreciate that being involved in any of the above situations can be a very<br />

worrying time. If you feel you would like to discuss your situation confidentially, the<br />

<strong>FSA</strong>’s free counselling advice service is available 24/7. Alternatively contact the HR<br />

Helpline.<br />

Conduct<br />

230


We are an important, high profile organisation. Your conduct contributes<br />

significantly to our reputation. For this reason, we require you to be pleasant, polite<br />

and considerate to other employees and to outside contacts.<br />

Appearance<br />

You are required to be neat and tidy in appearance at all times while at work. You<br />

must wear appropriate business dress, which is fit for purpose, while at work and<br />

outside working hours when representing the <strong>FSA</strong> or attending <strong>FSA</strong> or other<br />

functions on behalf of the <strong>FSA</strong>. While you have discretion to decide what appropriate<br />

dress is, line managers retain responsibility for the interpretation and application of<br />

this.<br />

Contractual Information (end)<br />

Employment of relatives or other individuals with whom there is a<br />

close relationship<br />

We do not prevent your relatives or other individuals with whom you have a close<br />

relationship from being employed by the <strong>FSA</strong>. It is your responsibility as an<br />

employee to ensure that the <strong>FSA</strong> is informed of any relationship at the time of<br />

making the application. The <strong>FSA</strong> will make every effort to ensure that no conflict of<br />

interest arises. We do not normally permit employees who have a close relationship<br />

to work together in the same team or report to the same line manager.<br />

Completion of weekly timecards<br />

In order to measure corporate, divisional and departmental performance, all<br />

employees who meet the 'Headcount' definition (i.e. all employees, secondees,<br />

contractors and long-term agency temps) are required to complete weekly timecards<br />

on a timely and accurate basis. Data recorded should reflect actual hours worked by<br />

activity performed and be submitted as per the agreed deadline.<br />

If any employee is exempted from completing timecards, local management will<br />

advise accordingly.<br />

Personal mail<br />

Personal mail should not be sent to the <strong>FSA</strong>’s addresses. We will not be responsible<br />

for its safe delivery and it may be opened for security purposes. You may not use the<br />

<strong>FSA</strong>’s stationary or postage for personal correspondence, but may send personal mail<br />

from the office provided that you pay for postage by affixing the appropriate<br />

stamp(s).<br />

231


Ordering goods and services<br />

All orders for goods and services must be made with a purchase order. Suppliers<br />

should be asked to quote the purchase order number on invoices and submit them<br />

directly to accounts payable. They should be created for the total value, including<br />

VAT, of the goods and services. Where the total value is over £25,000 they should be<br />

created with the Procurement Division. Purchase orders can be created by authorised<br />

individuals using iProcurement.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Personal Conduct Policy as at January 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

Contractual information in this policy forms part of your contract of employment.<br />

232


Prospective Parliamentary Candidates Policy<br />

Summary of the Policy<br />

Seeking approval<br />

If you intend seeking selection as a Prospective Parliamentary Candidate (PPC), you<br />

should first approach your line manager to seek written approval. Your line manager<br />

will inform the HR Helpline and the Ethics Officer.<br />

You should also inform your line manager as soon as you are selected as a PPC.<br />

Sensitive issues<br />

Following your selection, you should discuss with your manager whether there are<br />

any <strong>FSA</strong>-related issues on which, in your capacity as a PPC, it would either be<br />

inappropriate for you to comment or you would be expected to follow an agreed line.<br />

The <strong>FSA</strong> reserves the right to move you to other work if, in our opinion, there is a<br />

conflict of interest between your <strong>FSA</strong> and your PPC work.<br />

Time off for PPC commitments<br />

You will not be granted additional time off for constituency work between<br />

elections. Time off for constituency commitments should be taken from your<br />

normal holiday allowance.<br />

You will be granted up to 20 days additional unpaid leave to fight an election<br />

campaign in which you are a candidate for election (general, European Parliament<br />

or by-election). You must record this absence as Unpaid Leave via <strong>Employee</strong> Selfservice<br />

on Chrysalis.<br />

If you are elected<br />

If you are elected, you will be expected to resign with effect from the day following<br />

the announcement of the result.<br />

If you are not elected<br />

If you are not elected, you will be expected to return to work at the end of your<br />

agreed leave of absence.<br />

Partners and family members of PPCs<br />

If you are the partner or a family member of a PPC, any time off required to help<br />

fight an election campaign should be taken from your annual leave allowance.<br />

233


Contractual Information (start)<br />

Political activities and public debate<br />

If you intend to seek selection as a PPC or Local <strong>Authority</strong> Councillor you should<br />

try to give at least three months’ notice to your manager. Where we consider there<br />

to be a conflict of interest between your current role and your proposed political<br />

involvement, which may be prejudicial to our integrity, we reserve the right to move<br />

you to other work.<br />

Special rules will apply if you are seeking selection as a PPC. You should discuss<br />

your intentions with your Director/Head of Department, the HR Helpline and the<br />

Communications Division.<br />

Contractual Information (end)<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Prospective Parliamentary Candidate Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the <strong>FSA</strong>’s Staff Consultative Committee.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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11 Security of <strong>FSA</strong> Assets,<br />

Information and Data<br />

Clear Desk Policy<br />

The Clear Desk Policy serves as a basic reminder to staff to secure sensitive<br />

or valuable material, whilst providing guidance on procedures that should<br />

be followed.<br />

The procedural guidance contained within this document enhances/supports other<br />

<strong>FSA</strong> policies covering records management, staff confidentiality agreements,<br />

employee information security, Data Protection and Emergency Planning procedures.<br />

The Clear Desk Policy will complement, not replace, other existing policies. The<br />

<strong>FSA</strong> Clear Desk Policy relates to all material, whether personal or corporate, that is<br />

held within the premises of the <strong>Financial</strong> <strong>Services</strong> <strong>Authority</strong>. The policy allocates<br />

responsibilities and provides procedural advice to ensure that the aim is achieved.<br />

It also identifies courses of action in relation to non-compliance and suspected<br />

security breaches. The policy covers all premises in which the <strong>FSA</strong> operates.<br />

Aim<br />

The aim of the Clear Desk Policy is to ensure that <strong>FSA</strong> records and property are<br />

afforded the appropriate level of physical protection in direct proportion to the impact<br />

on the business activities, reputation and morale of the <strong>FSA</strong> and its staff that would<br />

be experienced subsequent to any loss or misuse.<br />

Objectives<br />

The objectives of the Clear Desk Policy are as follows:<br />

• To protect sensitive information from public disclosure - Not only information<br />

which has been annotated with a <strong>FSA</strong> security classification, or is covered under<br />

the auspices of the Data Protection Act 1998, but also information that could<br />

potentially embarrass or damage the reputation of the <strong>FSA</strong> if publicly disclosed.<br />

• To prevent inappropriate access to sensitive information.<br />

• To protect business critical information from damage or loss as a result of fire,<br />

smoke, water and explosion.<br />

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• To protect information which, although not sensitive is essential to normal<br />

functionality – Information such as reference material that can be replaced easily<br />

but with a time delay.<br />

• To protect information that would be difficult or could not be replaced.<br />

• To ensure that material is stored in a way that enhances Business Continuity<br />

Planning in relation to post incident start up, clearance, salvage and reclamation.<br />

• To prevent loss or theft of personal property and <strong>FSA</strong> portable property such as<br />

laptops and mobile phones.<br />

• To quantify the consequences of loss of information or <strong>FSA</strong> property resulting<br />

through negligence of a member of staff or, as a result of deliberate acts of<br />

attempted theft of any material held within the confines of <strong>FSA</strong>.<br />

Responsibilities<br />

• Executive - The Director of Finance & Operations has executive responsibility<br />

for the Clear Desk Policy.<br />

• Compliance – Directors, Heads of Departments and Managers are responsible for<br />

communicating standards and ensuring staff compliance within their areas of<br />

responsibility.<br />

• Compliance Audit – Corporate Protection & Resilience are responsible for<br />

monitoring and reporting non-compliance to HR.<br />

• Disciplinary process – line managers are responsible for ensuring that any<br />

breaches of this policy are investigated and appropriate action is taken. The HR<br />

Division maintains the disciplinary policy and process, providing support to line<br />

managers where necessary.<br />

• Monitoring and escalation – the Operational Security Group (OSG) is responsible<br />

for monitoring management information relating to clear desk breaches, and<br />

taking action to address trends and individual cases which fall outside of their<br />

risk appetite.<br />

Desk Top Storage<br />

Material that is permanently stored on desk tops should be documents that are easily<br />

replaceable, contain non sensitive information that is already within the public<br />

domain, will have little or no impact if damaged or lost and could be disposed of as<br />

rubbish post any incident involving smoke, fire, flood or explosion.<br />

The volume of this material should be kept to a minimum by ensuring that there is no<br />

excessive duplication of reference materials by colleagues working in adjacent desk<br />

spaces and fulfilling similar roles. This will ensure that post incident action will<br />

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involve a small clearance operation rather than salvage and reclamation which would<br />

extend the time for return to business as usual.<br />

Minimising desk top storage will also reduce the likelihood of classified/sensitive<br />

material becoming mixed up with the reference material and inadvertently being left<br />

insecure.<br />

During working hours and after close of business, all classified/sensitive documents<br />

and materials should not be left unattended in a way that makes it easy for<br />

unauthorised persons to read or take copies.<br />

Clear Desk Guidelines for a RightSpace Environment<br />

We want to ensure that all <strong>FSA</strong> premises are maintained in a clean and tidy state. The<br />

responsibility for making this happen rests with all of us. The purpose of having tidy<br />

desks is not simply to give the cleaners a chance to do their job, but also:<br />

• To protect confidentiality and reduce our exposure to risk<br />

• To reflect the fact that most desks are shared resources<br />

• To improve the security and safety of your personal belongings<br />

• To help make the office a more pleasant working environment<br />

Here is what you should do to help keep the office effective -<br />

• Remove all belongings, files etc. from your desk once your desk booking ends.<br />

• Tidy your desk and the area around your desk (floor, cupboard tops etc.) every<br />

day.<br />

• Leave desks as you find them. Please don’t remove cables, keyboards, mice.<br />

• If you have booked a desk for consecutive days, you may leave your nonvaluable<br />

belongings on the desk overnight, though you should store files and<br />

paperwork in the relevant storage cupboards. You are responsible for ensuring<br />

that documents, equipment and other material are properly protected in<br />

accordance with the <strong>FSA</strong> Security, Records Management, <strong>Employee</strong> Information<br />

Security and Clear Desk policies.<br />

• Staff who have been allocated releasable desks still need to keep the desk tidy so<br />

that others can use it comfortably.<br />

• When these desks are not being used they must be cleared and made available for<br />

use on the Desk Booking system.<br />

• The basic principle that we ask you to keep in mind is to leave desks and meeting<br />

rooms and other areas of the floor as you would wish to find them.<br />

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Procedures<br />

During working hours:<br />

• Every effort should be made to ensure that staff with similar roles, who share the<br />

same referencing documents and work in close proximity to one another share<br />

their referencing documents and materials, rather than duplicating them for<br />

individual use.<br />

• Access to sensitive documents should be restricted to those who require the<br />

information to carry out their normal work.<br />

• All classified or sensitive working papers and files are to be put away when the<br />

member of staff leaves his/her work area, unless a colleague with appropriate<br />

access rights who is located within the same team area is going to remain in situ<br />

for the duration of the absence.<br />

• Sensitive material or post is not to be left on the desk of a colleague who is away<br />

from his/her desk.<br />

• Sensitive material should not be left unattended on photocopiers or faxes.<br />

At the close of business each day:<br />

• Individuals are to ensure that they remove all working papers from desk tops.<br />

• All sensitive documents and materials (as defined in the Records Management<br />

and <strong>Employee</strong> Information Security policies) are to be locked away in the<br />

cabinets provided.<br />

• Crates provided during office moves are not to be used for continued document<br />

storage. At the earliest opportunity they should be unpacked and returned to Ops<br />

<strong>Services</strong> - Property & Workplace.<br />

• if you are away on the first day of the office move and your crate will remain<br />

unopened until you return to the office, then your laptop should either: be taken<br />

home with you and kept securely until your return to the office, handed over to a<br />

colleague for manager for safekeeping, handed in temporarily at the Security<br />

Control Room.<br />

• Post should not be left at floor mail distribution points after the final collection of<br />

the day (4.30pm).<br />

• Staff are to ensure that their lockers and cabinets are locked and that all of the<br />

relevant keys have been placed in the key safe before leaving work.<br />

• Individuals should confirm that all material for which they are responsible have<br />

been removed from the printer and fax and properly secured<br />

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• The last person leaving the area should visually check the area to ensure that<br />

valuable property, sensitive documents and portable electronic equipment have<br />

not been left unsecured. They should also check that cabinets are locked and keys<br />

placed in the key press, and that the press itself is locked.<br />

Security of <strong>FSA</strong> and Personal Property<br />

<strong>FSA</strong> property, such as laptops, palm tops and mobile phones in the possession of<br />

staff are to be secured after close of business or taken home when appropriate. For<br />

key lockable cabinets, the key is to be secured in a key safe and not taken home. Staff<br />

are also responsible for ensuring the security of personal items of monetary or<br />

sentimental value - care should be taken to ensure these items are adequately<br />

protected.<br />

Procedures<br />

• At the close of business, laptops must be locked inside a laptop safe, personal<br />

locker or taken home. Palm pilots, Blackberries and mobile phones if not taken<br />

home are to be stored as above.<br />

• Personal items of small monetary or sentimental value should be stored in<br />

individual lockers. It is also advisable to lock away expensive clothing and<br />

trainers after close of business.<br />

Personal lockers<br />

Personal lockers are allocated to staff. You must not use the default code 2244<br />

as your personal code. You must immediately reset to a personal code known<br />

only by you.<br />

You are responsible for reporting all locker related problems once they occur to:<br />

Facilities Helpdesk on ext. 69696 for 25TNC; Security Reception for 1 Canada<br />

Square on ext. 66066.<br />

You are responsible for securing all <strong>FSA</strong> assets and papers in your possession. Under<br />

no circumstances should you leave information or your laptop unattended in a locker.<br />

Therefore, please seek alternative accommodation until your locker is repaired.<br />

Document disposal<br />

All <strong>FSA</strong> classified documents including those labelled "<strong>FSA</strong> Restricted" must also be<br />

disposed of in a confidential waste bin. This also applies to any document containing<br />

business information which we wish to remain private such as budgets and invoices<br />

information and anything containing personal information about individuals (e.g.<br />

names and addresses, NI numbers, dates of birth).<br />

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Please see guidance on destruction of paper records for disposing of government<br />

material.<br />

Key security<br />

Keys to cabinets containing working, sensitive or classified information should be<br />

locked in a key safe when not in use. Under no circumstances should keys be 'hidden'<br />

on a desk where a rudimentary search would identify them.<br />

Procedures<br />

• The combination to the key safe should be changed regularly (assistance should<br />

be sought from Facilities Helpdesk on extension 69696).<br />

• A record of the combination should be held in a sealed envelope in a locker of a<br />

member of the team. The date of the combination change and the location of the<br />

key safe should be annotated on the envelope, together with the name of the<br />

person responsible for the key box. If the key safe combination is forgotten and<br />

the 'owner' of the locker is away, the line manager may ask Security to open the<br />

locker containing the sealed combination.<br />

• Other written records of the combination should not be made.<br />

Compliance audits<br />

Regular audits are carried out by the Corporate Protection & Resilience Team to<br />

ascertain the standard of compliance with this policy.<br />

Procedures<br />

• The audit will be conducted without prior notification after close of business.<br />

• The reason for the audit and the results will be detailed in a report to the<br />

appropriate Divisional Director.<br />

• The audit may be supported by a briefing, to all staff involved, on the outcome of<br />

the audit and remedial/future measures that are required.<br />

• Subsequent audits will be conducted to establish whether compliance has<br />

improved.<br />

• Breaches of the Clear Desk Policy may result in disciplinary proceedings.<br />

• Additionally, Security personnel undertake nightly clear desk sweeps and<br />

potential breaches are reported to the appropriate line manager for investigation<br />

(as described within the ‘Responsibilities’ section of the policy).<br />

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Loss/Compromise investigations<br />

Suspected loss or compromise of <strong>FSA</strong> material is to be reported to the following:<br />

• Line management.<br />

• Corporate Protection & Resilience Department.<br />

• The IS Security Manager, in the case of loss or compromise of information<br />

contained on computer systems including laptops and palm tops.<br />

• The Deputy Security Officer in the case of loss or compromise of government<br />

classified material.<br />

• The Data Protection Officer in the case of information protected under the<br />

auspices of the Data Protection Act.<br />

Suspected loss of personal property should be reported to Security on extension<br />

63838.<br />

Procedures<br />

<strong>FSA</strong> materials<br />

• The initial information surrounding the suspected loss/compromise is to be<br />

reported to Line Management, IS Helpdesk and Corporate Security who should<br />

notify the appropriate persons detailed above in order that further investigation<br />

can be carried out.<br />

• An investigation will be initiated to establish the likely cause of the<br />

loss/compromise. If the incident is found to be as a result of deliberate noncompliance<br />

with this policy, or if an individual has been implicated in the theft,<br />

the individual concerned may be subject to transfer from post, disciplinary action<br />

or criminal proceedings. The action to be taken will be decided in consultation<br />

with Line Management, HR and Corporate Protection & Resilience Department.<br />

Personal property<br />

• A Security Officer will take the initial information surrounding the loss. Security<br />

will also speak to the individual and take further information as deemed<br />

necessary and provide remedial advice.<br />

• Further investigation into a loss of <strong>FSA</strong> property/personal items will take place at<br />

the discretion of Corporate Protection & Resilience Department.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Clear Desk Policy as at January 2013.<br />

This policy is owned by Corporate Protection & Resilience.<br />

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Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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<strong>Employee</strong> Information Security Manual<br />

The two most important assets we have are our people, and the information they use.<br />

Secure use of information and of information systems is essential if the interests of<br />

the <strong>FSA</strong>, the firms it regulates, consumers and the Government are to be met.<br />

There are risks associated with careless or excessive use of information and<br />

systems. This policy sets out the principles, policies and procedures that the <strong>FSA</strong><br />

has determined are required to protect its information and information systems from<br />

such risks.<br />

Where something is not specifically covered in this policy, employees are<br />

encouraged to seek clarification from their line manager.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• We provide information systems and services to our employees and place<br />

a high priority on the security of these systems and services. We therefore operate<br />

a number of security controls which protect these systems and services, and the<br />

information they contain, from attack. Wherever possible, these controls will<br />

operate in an automated way that is resilient against user errors.<br />

• Information systems are primarily provided for business use. We do allow<br />

reasonable personal use of the facilities provided, so long as it is not excessive,<br />

does not interfere with individuals meeting their agreed business objectives and<br />

incurs minimal cost for the <strong>FSA</strong>.<br />

• We may monitor use of our information systems, and individuals should bear this<br />

in mind when using <strong>FSA</strong> systems to process sensitive personal information (see<br />

the section on Monitoring).<br />

• We own all information stored and processed within our systems. As part of the<br />

Freedom of Information Act or for other reasons, we may be obliged to disclose<br />

information about the work of our employees or aspects of their employment<br />

conditions (e.g. the divisions that managers work in and regulatory work that they<br />

have been involved in). <strong>Employee</strong>s are encouraged to speak to their line manager<br />

if they have any particular concerns about potential disclosures. We will approach<br />

individuals who have registered their concerns in such cases and, wherever<br />

possible, seek their agreement.<br />

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• We will take reasonable steps to ensure that employees understand their<br />

responsibilities and obligations under this policy and, where necessary, have the<br />

training necessary to be able to comply.<br />

• We will investigate all suspected breaches of this policy quickly and consistently,<br />

and will treat everyone fairly.<br />

What the <strong>FSA</strong> expects of you<br />

• You must follow this policy, and other policies and guidance provided to you,<br />

at all times. We expect you to understand your responsibilities and obligations<br />

under this and other policies, and to contribute to the security of<br />

the <strong>FSA</strong>.<br />

• If you need (or are asked) to do something which requires you to breach this<br />

policy, then you must seek guidance from your line manager (or a more senior<br />

manager) before taking any further action.<br />

• We expects you to take all reasonable steps to protect, at all times, sensitive<br />

information, and valuable IT equipment (such as laptops, and other mobile<br />

devices and BlackBerry handhelds) from loss or theft.<br />

• You must report any actual or suspected breaches of security to either your line<br />

manager, or <strong>FSA</strong> Security Control, as soon as you can. Loss or theft of IT<br />

equipment must be reported to the IS Service Desk as soon as you can.<br />

• We expect you to use the information and information systems and services to<br />

which you have been given access in a reasonable and acceptable way at all<br />

times.<br />

• We may monitor use of our information systems – by making use of them, you<br />

agree to this taking place and accept that any private information you process on<br />

or transmit via our systems may also be monitored.<br />

Line Managers’ responsibilities<br />

Directors, HoDs and Managers are responsible for ensuring that:<br />

• Staff are aware of and comply with the security policies and standards that apply<br />

to their duties;<br />

• Any additional local security arrangements necessary for the employees, offices,<br />

information or systems under their management are developed, maintained,<br />

communicated and enforced;<br />

• Staff have the training necessary to be able to comply with the security policies<br />

and standards that apply to their duties;<br />

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• Performance targets include, where appropriate, specific objectives that enhance<br />

the security of the <strong>FSA</strong>;<br />

• All staff are aware of the consequences of breaching the policy;<br />

• Concerns about possible excessive or inappropriate use of information, or<br />

information systems and services, are raised informally with the employee in the<br />

first instance;<br />

• Potential policy breaches are investigated promptly, and dealt with under the<br />

<strong>FSA</strong>’s Disciplinary Procedure where policies or standards have been violated<br />

without prior authorisation.<br />

Monitoring of <strong>FSA</strong> Information Systems<br />

General<br />

We may monitor use of any of our information systems as required by law, or for<br />

other regulatory or business purposes. Information gathered through monitoring may<br />

be used, but is not limited to, measurement and enforcement of the requirements<br />

detailed within this Manual and other <strong>FSA</strong> policies. Breaches of the requirements<br />

defined in this Manual, will be dealt with in line with the <strong>FSA</strong>’s Disciplinary<br />

Procedure.<br />

Email<br />

Monitoring of emails is conducted in adherence to the guidelines set out by the<br />

Information Commissioner’s Office.<br />

All email sent from <strong>FSA</strong> accounts to external (including Internet) accounts are<br />

automatically monitored for sensitive business information. Where there is<br />

reasonable justification to do so, your internal email may be monitored.<br />

You are advised that emails may be reviewed by a member of HR of the Technology<br />

Security Team. You should bear this in mind if sending or receiving sensitive<br />

personal information.<br />

To maintain the integrity of the SCC relationship, we will endeavour to avoid<br />

accessing the content of emails containing SCC in the title.<br />

Web<br />

Technical controls are in place to prevent access to appropriate websites. However,<br />

you are reminded that all web access is logged and may be reviewed where there is<br />

reasonable justification to do so.<br />

Telephones<br />

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Most telephone calls are not recorded. However, some extensions are logged for<br />

regulatory and quality assurance purposes or where there is reasonable justification to<br />

do so, so you should bear this in mind when making or receiving personal calls.<br />

Information Classification, Marking and Handling<br />

The two most important assets we have are our people, and the information they use.<br />

Secure use of information is therefore essential if the interests of the organisation, the<br />

firms we regulate, consumers and the Government are to be met.<br />

There are risks associated with the careless or excessive use of information. This<br />

procedure describes how information should be classified, and then a security<br />

‘marking’ applied, in order that it will be handled securely by recipients.<br />

Where something is not specifically covered by this procedure, employees are<br />

encouraged to seek clarification from their line manager.<br />

<strong>FSA</strong> Classifications<br />

We have determined that most of the information we hold falls into one of the<br />

categories indicated in the following table:<br />

Classification Description<br />

Unrestricted<br />

<strong>FSA</strong><br />

Restricted<br />

Controlled<br />

Distribution<br />

Unauthorised disclosure of this type of information would have little or no impact<br />

on the organisation, the Government, firms or others. This includes all information<br />

which is already in the public domain and <strong>FSA</strong> information which is not sensitive<br />

(e.g. team meeting agendas).<br />

Unauthorised disclosure of this type of information could cause embarrassment to<br />

the <strong>FSA</strong>, a firm or others, but would not cause long-term damage. ‘<strong>FSA</strong> Restricted’<br />

information is open to all staff and to other contracted parties.<br />

However, depending on the type of information, it may be appropriate to restrict<br />

access or apply other controls. For example this may be appropriate for personal or<br />

staff sensitive information 1 .<br />

Unauthorised disclosure of this type of information could cause severe and longterm<br />

damage to the organisation or to a firm, would represent a breach of our<br />

obligations under FSMA, or could cause a movement in market prices (and might<br />

therefore be used for ‘insider trading’). Access to information in this category will<br />

be restricted to those having a demonstrable ‘need to know’, and it is expected that<br />

in most cases this will be a small group of people (for each instance of this type of<br />

information).<br />

1<br />

Please contact your local Records Management champion to help decide if any additional controls need be<br />

applied.<br />

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Marking procedure<br />

• If you create new information, you must classify and add the corresponding<br />

security marking. This includes adapting existing documents and templates,<br />

whether they have been previously marked or not. The marking must be clear<br />

in the header, footer or email content. For Controlled Distribution<br />

information, it may be appropriate to include a distribution list.<br />

• If you receive information from another organisation and are responsible for<br />

its onward distribution, you must classify and add the corresponding <strong>FSA</strong><br />

security marking. If it is not possible or practical to mark the information, the<br />

information must be handled as if it was classified.<br />

• If you receive information that does have a marking but the requirements for<br />

handling it have not been communicated by the external party, then contact<br />

the sender to determine their handling requirements and then apply the<br />

appropriate <strong>FSA</strong> marking.<br />

• If you receive information bearing a UK Government Protective Marking,<br />

then you must handle it in accordance with the Policy on Government<br />

Protectively Marked (Classified) Information.<br />

• If you receive information bearing a Bank of England Marking, you must<br />

handle it in accordance with the ‘Other classification and marking schemes’<br />

document.<br />

• Individual Divisions may require you to apply additional markings or more<br />

stringent controls 2 . Some Divisions may require you to use ‘handling<br />

descriptors’ that more specifically classify information, for example<br />

“Controlled Distribution – Enforcement”.<br />

Data protection<br />

If any of the information you handle contains personal data (e.g. name, salary,<br />

performance/sickness data etc.) you must also consider the additional requirements<br />

detailed in the <strong>FSA</strong>’s Data Protection policy. Please refer to the ‘Data Protection<br />

Guide to Sending Personal Data to External Organisations’.<br />

2<br />

Please contact your local Records Management champion to help decide if any additional controls<br />

need be applied.<br />

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Classification, marking and control summary<br />

The table below summarises the markings and provides examples of information that<br />

may fall into each classification. The table also sets out the core controls are required<br />

when handling information. Further detail on controls related to handling,<br />

distribution and disposal can be found in following sections.<br />

Classification Description Examples Core Controls<br />

<strong>FSA</strong> Controlled<br />

Distribution<br />

Unauthorised<br />

disclosure could<br />

result in severe or<br />

long term damage<br />

for the <strong>FSA</strong> or a<br />

firm, or represents a<br />

breach of legislative<br />

obligations.<br />

<strong>FSA</strong> Restricted Unauthorised<br />

disclosure could<br />

cause<br />

embarrassment to<br />

the <strong>FSA</strong>, a firm or<br />

others, but would<br />

not cause long-term<br />

damage.<br />

Unrestricted Unauthorised<br />

disclosure would<br />

result in little or no<br />

damage or<br />

embarrassment for<br />

the <strong>FSA</strong> or a firm.<br />

• Firm information that<br />

could impact share prices<br />

or markets<br />

• Information intended for a<br />

named list of individuals<br />

• Operational details of<br />

enforcement actions<br />

• <strong>FSA</strong> information intended<br />

for an internal audience<br />

only<br />

• Personal information,<br />

including salary,<br />

performance data 4<br />

• Pre-publication policy<br />

work<br />

• Market monitoring<br />

transaction reports<br />

• Commercial <strong>FSA</strong><br />

information<br />

• Published papers<br />

• External email - Encryption<br />

required (exceptions may be<br />

necessary) 3<br />

• External post - Secure courier<br />

• Internal post - Double<br />

envelope<br />

• Network storage - Restricted<br />

access folder<br />

• USB / removable media -<br />

Encryption required<br />

• Personal IT equipment / email<br />

- Not permitted<br />

• Paper storage - Locked cabinet<br />

• Paper disposal - secure<br />

shredder<br />

3 For information and advice on encryption, contact IS Security Enquiries.<br />

4 Please contact the Data Protection team for further information on personal information.<br />

• Personal IT equipment / email<br />

- Professional judgement /<br />

local guidance<br />

• Network storage -<br />

Professional judgement / local<br />

guidance<br />

• USB / removable media -<br />

Encryption required<br />

• Paper storage - Clear Desk<br />

Policy<br />

• Paper disposal - Confidential<br />

bin<br />

• Paper storage - Clear Desk<br />

Policy<br />

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Detailed handling controls<br />

This section provides more detail on the controls that are expected to be applied<br />

when handling information. This is split into controls on: storage, distribution, and<br />

disposal.<br />

Storage<br />

Each storage method must be appropriate to the information being stored. We must<br />

ensure that information we store internally is only accessible by those entitled to<br />

access it. We must also ensure that information stored on portable devices and media<br />

is protected. This helps ensure that if a device or media item is lost we can be<br />

confident that an unauthorised person cannot read it.<br />

Controlled<br />

Distribution<br />

<strong>FSA</strong><br />

Restricted<br />

• Paper - you must at all times comply with the <strong>FSA</strong>’s Clear Desk Policy.<br />

Information marked Controlled Distribution must be securely locked away when<br />

not in use. Documents must be locked in a security container or in a locker (i.e. a<br />

Right Space locker).<br />

If it is necessary to take paper documents home, Controlled Distribution<br />

information must be stored out of sight (e.g. away from plain view of windows)<br />

when not in use, and secured (e.g. a locked cabinet or briefcase).<br />

If it is necessary to take paper documents home, <strong>FSA</strong> Restricted information<br />

must be stored out of sight (e.g. away from plain view of windows) when not in<br />

use.<br />

Depending on the type of information, it may be appropriate to restrict access to<br />

a pre-specified distribution list, for example personal or staff sensitive<br />

information 5 .<br />

Unrestricted There are no requirements for secure storage. However, the clear desk policy<br />

applies.<br />

5<br />

Please contact your local Records Management champion to help decide if any additional controls need be<br />

applied.<br />

249


Controlled<br />

Distribution<br />

• Network storage<br />

Information marked Controlled Distribution must be placed in folders<br />

which restrict access to those on an approved distribution list who have a<br />

proven need-to-know.<br />

For example, if the classification is ”Controlled Distribution –<br />

Enforcement”, the document must be placed in a folder to which all those<br />

involved with enforcement casework can access.<br />

<strong>FSA</strong> Restricted Information marked <strong>FSA</strong> Restricted may be placed in unrestricted<br />

folders.<br />

However, depending on the type of information, it may be appropriate to<br />

restrict access to a distribution list, for example personal or staff sensitive<br />

information 6 .<br />

Unrestricted Information marked Unrestricted can be placed in unrestricted folders on<br />

the network.<br />

Controlled<br />

Distribution<br />

• Removable media - removable media includes USB memory sticks, external<br />

hard disks, SD cards, CDs and DVDs.<br />

Information marked Controlled Distribution must only be copied to removable<br />

media if the files are encrypted. This is designed to ensure that if the media are<br />

lost or stolen, the information on them cannot be read.<br />

Staff who have a business need to write to removable media must use approved<br />

encrypted devices or encryption software 7 .<br />

<strong>FSA</strong> As for Controlled Distribution, above.<br />

Restricted<br />

Unrestricted Information marked Unrestricted can be copied unencrypted to removable<br />

media.<br />

6<br />

Please contact your local Records Management champion to help decide if any additional controls need be<br />

applied.<br />

7<br />

For information and advice on encryption, contact IS Security Enquiries.<br />

250


Controlled<br />

Distribution<br />

<strong>FSA</strong><br />

Restricted<br />

• Personal equipment- the table provides guidance when working on non-<strong>FSA</strong><br />

equipment such as personal PCs or mobile phones outside the office.<br />

Information marked Controlled Distribution must not be worked on or stored on<br />

non-<strong>FSA</strong> equipment such as home PCs.<br />

Information marked <strong>FSA</strong> Restricted can be worked on or stored on non-<strong>FSA</strong><br />

equipment such as home PCs, only when essential. <strong>FSA</strong> laptops are provided as<br />

the primary means of working at home and in the office.<br />

However, depending on the type of information, it may not be appropriate to use<br />

personal equipment, for example personal or staff sensitive information 8 .<br />

Unrestricted Information marked Unrestricted can be worked on or stored on non-<strong>FSA</strong><br />

equipment such as home PCs.<br />

Distribution<br />

The primary ways we distribute information are by email, post, courier and fax. Each<br />

of these is potentially open to misdirection or interception and appropriate controls<br />

must be in place.<br />

Controlled<br />

Distribution<br />

<strong>FSA</strong><br />

Restricted<br />

• Email - the text within the body of the email (but not the subject line) must<br />

indicate the marking to the recipient(s).<br />

Email sent by the <strong>FSA</strong> to external email addresses must be encrypted 9 . Where<br />

encryption is not possible, it may be possible to obscure sensitive information,<br />

for example using code names or abbreviations.<br />

Wherever possible, emails containing ‘Controlled Distribution’ information must<br />

not be sent from a BlackBerry (or personal mobile devices, where staff have<br />

been authorised to access <strong>FSA</strong> email and calendar functionality) to external<br />

email addresses (as they cannot be encrypted).<br />

Controlled Distribution information must not be sent to personal email addresses<br />

– whether encrypted or not. (The term ‘personal email address’ refers to<br />

accounts such as 'home' email accounts used by <strong>FSA</strong> employees on a non-<strong>FSA</strong><br />

PC. It does not refer to business email accounts - e.g. a web-mail account used<br />

by an IFA).<br />

When the information is classified <strong>FSA</strong> Restricted, it is important to check that<br />

the intended recipients are within the group of people authorised to view the<br />

material.<br />

Unrestricted There are no requirements for emailing unrestricted information either internally<br />

or externally.<br />

8<br />

Please contact your local Records Management champion to help decide if any additional controls need be<br />

applied.<br />

9<br />

For information and advice on encryption, contact IS Security Enquiries.<br />

251


Controlled<br />

Distribution<br />

• Fax<br />

Documents should not be sent by fax unless there is a business requirement to do<br />

so and no secure alternative (such as scanning and emailing the scanned<br />

document) exists 10 .<br />

If there is no alternative, the sender must ensure that the correct fax number is<br />

being used and that the recipient is present to take immediate possession of the<br />

fax upon receipt.<br />

<strong>FSA</strong> As for Controlled Distribution, above.<br />

Restricted<br />

Unrestricted There are no requirements for faxing unrestricted information either internally or<br />

externally.<br />

Controlled<br />

Distribution<br />

<strong>FSA</strong><br />

Restricted<br />

• Posting Documents<br />

External post<br />

When sending Controlled Distribution information externally, the sender must<br />

instruct the post room to send the information by secure courier.<br />

Internal post<br />

When sending Controlled Distribution information internally, this must be hand<br />

delivered or double-enveloped.<br />

External post<br />

Depending on the type of information, it may be appropriate to use courier<br />

services when sending information externally, for example personal or staff<br />

sensitive information 11 .<br />

Internal post<br />

Depending on the type of information, it may be appropriate to use double<br />

envelopes or hand delivery.<br />

Unrestricted There are no requirements for posting Unrestricted information either internally<br />

or externally. Standard mail services may be used.<br />

10<br />

This requirement does not apply to the automated transmission of faxes using the RightFax service.<br />

11<br />

Please contact your local Records Management champion to help decide if any additional controls need be<br />

applied.<br />

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• Posting Removable Media<br />

Removable media includes USB memory sticks, external hard disks, SD cards, CDs<br />

and DVDs.<br />

Controlled<br />

Distribution<br />

When sending Controlled Distribution information externally, the media must be<br />

encrypted as described in the Storage section. The password should be<br />

transmitted by other means such as email or telephone.<br />

If media cannot be encrypted, then the secure courier service must be used.<br />

<strong>FSA</strong> As for Controlled Distribution, above.<br />

Restricted<br />

Unrestricted There are no requirements for posting Unrestricted information stored on<br />

removable media either internally or externally. Standard mail services may be<br />

used.<br />

Disposal<br />

Controlled<br />

Distribution<br />

<strong>FSA</strong><br />

Restricted<br />

We must ensure that sensitive information is disposed of securely.<br />

• Paper<br />

If the document contains Controlled Distribution information, then it must be<br />

disposed of using the shredders provided on each floor.<br />

<strong>FSA</strong> Restricted information must be disposed of in the confidential waste bins<br />

provided on each floor.<br />

Unrestricted There are no disposal requirements for Unrestricted information.<br />

Controlled<br />

Distribution<br />

• Removable media - includes USB memory sticks, external hard disks, SD<br />

cards, CDs and DVDs.<br />

CDs and DVDs<br />

CDs and DVDs containing Controlled Distribution information must be disposed<br />

of in the confidential media disposal bin located in Security Control room on the<br />

ground floor of 25TNC.<br />

Other media<br />

Encrypted data can be deleted normally. Unencrypted data requires secure<br />

deletion 12 .<br />

<strong>FSA</strong><br />

Restricted<br />

As for Controlled Distribution, above.<br />

Unrestricted There are no disposal requirements for Unrestricted information.<br />

12 For information and advice on secure deletion, contact IS Security Enquiries.<br />

253


• Personal equipment -the table provides guidance when working on non-<strong>FSA</strong><br />

equipment such as personal PCs or mobile phones outside the office.<br />

Controlled Information marked Controlled Distribution must not be worked on or<br />

Distribution stored on non-<strong>FSA</strong> equipment such as home PCs.<br />

<strong>FSA</strong> Restricted Staff must delete the information from the non-<strong>FSA</strong> PCs when no longer<br />

required.<br />

Unrestricted There are no disposal requirements for Unrestricted information.<br />

254


Use of <strong>FSA</strong> information services<br />

Use of email<br />

• Emails that you create, send, receive and store are owned by and may be<br />

monitored by the <strong>FSA</strong>.<br />

• You must not send emails which contain inappropriate content; this includes but<br />

is not limited to, obscene, racist, sexist, defamatory or discriminatory material,<br />

which cause harassment or offence, or which contain malicious gossip or<br />

advocates any illegal activity. If you do send such material then this will be<br />

treated as misconduct and dealt with under the <strong>FSA</strong>’s Disciplinary Procedure.<br />

• If you unwittingly receive material which is inappropriate you should report this<br />

to your line manager and delete the material. If you know the sender personally<br />

you should contact them and ask them not to send further inappropriate material.<br />

• If our anti-virus software alerts you that you have received an infected email, you<br />

must contact the IS Service Desk immediately. You must not delete, forward or<br />

otherwise process the email until the Service Desk has advised you that it is safe<br />

to do so.<br />

• You must not “auto-forward” your <strong>FSA</strong> emails to an external email address.<br />

• Access to personal Internet email accounts (such as Hotmail) is not permitted<br />

(as the <strong>FSA</strong> is not able to monitor such access).<br />

• We accept that from time to time it may be necessary to send a personal email<br />

from your <strong>FSA</strong> account. You must ensure that the email does not contain<br />

sensitive information, and that its content cannot be confused with an official<br />

<strong>FSA</strong> business communication.<br />

• From time to time we may monitor the use of email and this may be required by<br />

law in some circumstances. To maintain the integrity of the SCC relationship, if<br />

any emails are monitored which contain ‘SCC’ in the title, every effort will be<br />

made to avoid accessing the content.<br />

Use of the Internet<br />

• Internet facilities are provided for business purposes – however, you are allowed<br />

to make reasonable personal use of these facilities.<br />

• You must not deliberately access web sites containing material of an offensive,<br />

pornographic or violent nature, or gambling, gaming or betting sites. If you<br />

deliberately access such sites then this will be treated as misconduct and dealt<br />

with under the <strong>FSA</strong>’s Disciplinary Procedure.<br />

255


• You must not download software (including screensavers) as these may contain<br />

embedded viruses or other malicious code which could damage <strong>FSA</strong> systems.<br />

• If you publish material that mentions the <strong>FSA</strong>, its business or regulated clients<br />

on, for example, social networking sites, 'blogs' or a personal web site, then you<br />

must make it clear that you are expressing a personal view by including the<br />

following text: “The views and opinions expressed on this site are mine alone and<br />

do not necessarily reflect the views of my employer” (You should be aware of<br />

your duty as an employee to act in good faith and in the best interests of your<br />

employer under English law).<br />

Computers<br />

• You must lock your computer screen (press Ctrl+Alt+Del keys or the Windows<br />

key+L and then select Lock Computer) when you leave your computer<br />

unattended, and log off your computer before you leave for the day.<br />

• If you are not taking it with you, you must ensure that your laptop is locked away<br />

before you leave for the day.<br />

• You must not attempt to access a computer unless you have been authorised to do<br />

so. Gaining unauthorised access to a computer by any means, or removing or<br />

tampering with any IT equipment, software or electronically-held information,<br />

will be treated as misconduct and dealt with under the <strong>FSA</strong>’s Disciplinary<br />

Procedure.<br />

• You must not tell someone else (including IS Service Desk personnel) your<br />

computer login password without a clear business reason and authorisation<br />

to do so.<br />

• You must not write down your computer login password<br />

• You must not enter your computer login password if someone else can see the<br />

keys you are typing.<br />

• If you think your password has been compromised, then you must change it<br />

immediately.<br />

• You must not try to load software onto a <strong>FSA</strong> desktop, laptop of other systems,<br />

or modify existing software (other than to change user-configurable options and<br />

preferences). You must contact the IS Service Desk if you have a legitimate<br />

business need for a copy of software listed in the IS Service Catalogue (which<br />

can be found on Connect+). If you need access to software not listed in the IS<br />

Service Catalogue, then you will need to contact IS Relationship Management to<br />

discuss raising a Work Request for this.<br />

• You must not make illegal copies of software, as you will be personally liable for<br />

this and may also put the <strong>FSA</strong> at risk of enforcement action.<br />

256


• You must not connect any unauthorised devices to the <strong>FSA</strong>’s network.<br />

Mobile Devices<br />

This includes Blackberrys, mobile phones and where authorised, personal devices<br />

used to access <strong>FSA</strong> email and calendars.<br />

• You must take all reasonable steps to ensure that you do not lose your mobile<br />

device or allow it to be stolen. Loss or theft of your mobile device, including any<br />

personal device that contains <strong>FSA</strong> data, must be reported immediately to the IS<br />

Service Desk on 020 7066 3636.<br />

• If you use your mobile device in a public area (e.g. on the tube or train) then you<br />

must take reasonable steps to ensure that others cannot read the emails you are<br />

reading or writing.<br />

• You must try to avoid leaving your mobile device unattended while outside of the<br />

office. If this is unavoidable, then you must either lock it manually or turn it off<br />

before you leave it.<br />

• You must not tell anyone else your mobile device password. If you believe that<br />

someone knows your password, you must change it immediately.<br />

• You must not try to load software onto your <strong>FSA</strong> mobile device, or modify<br />

existing software (other than to change user-configurable options and<br />

preferences).<br />

• You must follow the requirements in the ‘Use of email’ and ‘Use of the<br />

Internet’ sections of this policy when using your mobile device for email or<br />

Internet access respectively.<br />

• When using other features of your mobile device (including the camera) you must<br />

not create, import, send or store material which is obscene, defamatory or<br />

discriminatory, which could cause harassment or offence, or which contains<br />

malicious gossip or other inappropriate material.<br />

• You must take reasonable precautions to avoid being overheard if you use your<br />

mobile device or mobile phone to discuss <strong>FSA</strong> business while outside the office.<br />

Discussions on mobile phones relating to “Controlled Distribution” information<br />

must not take place in public.<br />

• It a criminal offence to drive while using a hand-held mobile telephone (or<br />

mobile device). We insist that you do not use either while driving on <strong>FSA</strong><br />

business.<br />

257


Office Telephones<br />

• If you need to discuss sensitive information over the telephone, then this must<br />

take place in a way that the information is unlikely to be overheard by someone<br />

outside the “need-to-know” group.<br />

• If you are phoned and then asked to discuss sensitive information, you must make<br />

sure of the caller's identity and validity of their request. If you are unsure, then<br />

ask the caller for their number, hang up, confirm the authenticity of the caller and<br />

their request with your line manager or a colleague, and then call them back.<br />

• Telephones are provided for business purposes but you may make occasional and<br />

reasonable personal use of them providing it does not interfere with the<br />

performance of your duties and incurs minimal cost for the <strong>FSA</strong>. You should<br />

ensure that any personal usage is not excessive, in terms of either number or<br />

length of calls made. A call logging system is in operation and charges may<br />

be made for excessive private calls.<br />

• You must not use your <strong>FSA</strong> phone to make a personal call overseas.<br />

• In certain departments of the <strong>FSA</strong> telephone calls are recorded or otherwise<br />

intercepted for business related reasons. If this is a requirement in the department<br />

in which you work, you will be informed by your line manager and you should<br />

ensure that you follow your department’s rules on recording/interception.<br />

• If there is no recorded message to indicate to internal or external callers that calls<br />

made from or to your telephone will be recorded, you must inform them that the<br />

call will be recorded at the outset of the call. The only exception will be where in<br />

accordance with the proper exercise of <strong>FSA</strong>’s investigatory powers you may<br />

conduct covert interception. Guidance on this is issued locally.<br />

Voice Mail<br />

You must take care to ensure that the messages you record on the voice mail system<br />

do not give away sensitive information.<br />

Fax machines<br />

You must not send sensitive documents by fax unless there is a business requirement<br />

to do so and no secure alternative (such as scanning and emailing the scanned<br />

document) exists.<br />

If you do have to send sensitive information by fax, you must ensure that the correct<br />

fax number is being used and that the recipient is present to take immediate<br />

possession of the fax upon receipt. (Note that this requirement does not apply to the<br />

automated transmission of faxes using the RightFax solution.)<br />

258


You may use the <strong>FSA</strong>'s fax machines to send urgent personal messages, providing<br />

such use is occasional and reasonable, and that personal messages are not capable<br />

of being confused with <strong>FSA</strong> business communications. Please note that all fax calls<br />

are logged.<br />

Printers, scanners and photocopiers<br />

If you print, scan or photocopy a sensitive document, you must ensure that you<br />

remove the original from the machine once the operation is completed. If the original<br />

or copy becomes jammed in the machine, then you must ensure that any sensitive<br />

material is removed.<br />

If you need to print a sensitive document, then you should use either a local printer or<br />

the 'secure print' facility on a shared printer. If this is not possible or practical, then<br />

you must ensure that you pick up the print out immediately.<br />

You must not scan or photocopy material where this would be a breach of copyright<br />

or other legislation.<br />

In the Office<br />

• You must at all times comply with the <strong>FSA</strong>'s Clear Desk Policy.<br />

• If you participate in a meeting, you must ensure that any sensitive documents<br />

(including flipcharts) are removed from the meeting room, and that any sensitive<br />

information is wiped from the whiteboard.<br />

• Sensitive information must not be displayed on walls overnight – if it is required<br />

to be displayed during the working day then it must be removed and secured at<br />

the end of each day.<br />

• If you are working late in the office, then please check your local print area for<br />

any documents that have not been collected and place these in the Confidential<br />

Waste.<br />

Security tokens (VPN)<br />

You must take reasonable precautions to avoid losing any security tokens you<br />

are given, or exposing them to theft. If they are lost or stolen then this must be<br />

reported immediately to the IS Service Desk on 020 7066 3636 or Security Control<br />

on 020 7066 3838.<br />

Secure remote working<br />

• If you are working outside the office with sensitive information then you must<br />

ensure that you are not overlooked, and that you do not lose the information you<br />

have in your custody or allow it to be stolen.<br />

259


• You must be especially cautious when discussing any sensitive information in<br />

public places, and ensure you are not overheard.<br />

• <strong>FSA</strong> laptops are encrypted, but they are expensive to replace, so you must take all<br />

reasonable precautions to avoid losing your laptop or having it stolen. If a laptop<br />

is lost or stolen then this must be reported immediately to the IS Service Desk on<br />

020 7066 3636 or Security Control on 020 7066 3838.<br />

Monitoring and Review<br />

Technology and the law change regularly and this policy will be updated periodically<br />

to reflect any changes. <strong>Employee</strong>s will be informed when any fundamental changes<br />

are made but should be aware that it is everyone’s responsibility to read the latest<br />

version of <strong>FSA</strong> policies.<br />

Who is covered by this policy?<br />

This policy covers all <strong>FSA</strong> employees, including permanent staff, temporary staff<br />

including contractors and agency temps. This policy also covers any third party<br />

employees while they are working on <strong>FSA</strong> business. If a breach involves a third<br />

party, appropriate sanctions will be taken against that third party.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Information Security Policy as at February 2013.<br />

The policy is owned by the IS Technology Security Manager and has been developed<br />

in consultation with the <strong>FSA</strong>’s Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

260


12 Terms of employment<br />

Basics about Your Employment<br />

Job titles<br />

The following generic job titles apply to our staff appointed to jobs at the <strong>FSA</strong>:<br />

• Director/Head of Department – Carries responsibility for the executive<br />

management of a specific area of regulation, regulated market or operational area.<br />

• Manager – Leader of a team responsible for a particular regulatory activity or<br />

operational area that applies/requires specialist technical knowledge or acquired<br />

business experience.<br />

• Technical Specialist - Carries responsibility for providing expert advice to<br />

colleagues and/or applies knowledge to undertake or manage highly complex<br />

tasks and projects. The role requires in-depth specialist knowledge and<br />

experience of the relevant sector or specialism, which is likely to be particularly<br />

valuable or scarce in the market.<br />

• Associate – Carries responsibility for the execution of delegated tasks in a<br />

specific area of regulation or operational area, using specific technical expertise.<br />

The level of exposure and autonomy will vary depending on the experience of<br />

the Associate.<br />

• Administrator/ Secretary – Carries responsibility for a diverse range of<br />

administrative/support duties.<br />

Additionally, with line management approval, more descriptive job titles may be<br />

used as appropriate, e.g. on business cards.<br />

Your job title is stated in your Personal Statement. You may be asked to undertake<br />

other duties as the <strong>FSA</strong> may from time to time reasonably direct and the precise<br />

description and nature of your job may need to be varied occasionally from<br />

time-to-time.<br />

Place of work<br />

The <strong>FSA</strong> offices are located at:<br />

25 The North Colonnade<br />

Canary Wharf<br />

London<br />

E14 5HS<br />

1 Canada Square<br />

Canary Wharf<br />

London<br />

E14<br />

25 Bank Street<br />

Canary Wharf<br />

London<br />

E14<br />

Quayside House<br />

127 Fountainbridge<br />

Edinburgh<br />

EH3 8DJ<br />

261


Your normal place of work will be as notified in your Personal Statement. We may<br />

reasonably require you to work in any other <strong>FSA</strong> offices, any regulated firm or other<br />

third party inside the United Kingdom.<br />

You are not currently required to work outside the United Kingdom except for<br />

business trips or other trips in the course of your work. You may be required to make<br />

visits to third parties anywhere in the United Kingdom and there may be times when<br />

it is necessary to stay away overnight. It is a condition of your employment that you<br />

undertake these requirements to travel.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Basics about your employment policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

Contractual information in this policy forms part of your contract of employment.<br />

262


<strong>Employee</strong> <strong>Handbook</strong> and Contractual Information<br />

Contractual Information (start)<br />

Your Personal Statement sets out some of the terms and conditions of your<br />

employment. Taken together, your Personal Statement, sections of this <strong>Handbook</strong><br />

enclosed in the headings, ‘Contractual Information (start)’ / ‘Contractual Information<br />

(end)’, and your first Flexible Benefits Confirmation Statement and thereafter, your<br />

most recent Flexible Benefits Confirmation Statement comprise your Contract of<br />

Employment with us, subject to any amendments that from time to time, the <strong>FSA</strong><br />

may make. Accordingly, the <strong>FSA</strong> reserve the right to amend the Contract of<br />

Employment of all employees and also to vary it in respect of individual employees.<br />

The <strong>Employee</strong> <strong>Handbook</strong> contains policies and procedures that do not form part of<br />

your Contract of Employment and may be replaced, withdrawn or varied by the <strong>FSA</strong><br />

at any time.<br />

This <strong>Employee</strong> <strong>Handbook</strong>, together with your Personal Statement constitutes written<br />

particulars for the purposes of the Employment Rights Act 1996 (as amended from<br />

time to time). Where there is a conflict between your Personal Statement and the<br />

<strong>Employee</strong> <strong>Handbook</strong>, your Personal Statement will prevail.<br />

We reserve the right to make non-fundamental changes to the terms and conditions of<br />

employment enclosed in the headings, ‘Contractual Information (start)’ / ‘Contractual<br />

Information (end)’, in this <strong>Handbook</strong> from time to time.<br />

You will be notified of minor changes of detail by way of a general notice to all<br />

employees affected by the change and any such changes take effect from the date of<br />

the notice. The changes will be automatically made to the Intranet <strong>Handbook</strong>.<br />

You will be given not less than one month’s notice in writing of any significant<br />

changes which may be given by way of an individual notice or a general notice to all<br />

employees. Such changes will be deemed to be accepted unless you notify us of any<br />

objection in writing before the expiry of the notice period.<br />

The <strong>FSA</strong> is constantly reviewing its terms and conditions of employment and<br />

policies to compare them with best practice in similar organisations. Appropriate<br />

changes may be made to reflect such best practice.<br />

Contractual Information (end)<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

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Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s <strong>Employee</strong> <strong>Handbook</strong> and Contractual Information Policy as at<br />

April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does form part of your contract of employment.<br />

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Hours of Work Policy<br />

Contractual Information (start)<br />

Unless otherwise stated in your Personal Statement, normal working hours are<br />

35 hours each week, Monday to Friday, with one hour each day for lunch. We<br />

reserve the right to vary your normal working hours, if necessary, to fulfil our<br />

operational requirements.<br />

You may be required to work in excess of your normal working hours. If required,<br />

you agree to work in excess of any limit placed on working hours, whether by statute<br />

or otherwise (provided in the case of a statutory limit that the requirement is lawful).<br />

Any excess hours worked will be unpaid unless you have a specific entitlement to<br />

overtime payments, which will be set out in your Personal Statement.<br />

You are required to record your hours of work and notify us of them so that we can<br />

comply with our health and safety obligations.<br />

If you have to work during your lunchtime, you must take an equivalent break during<br />

the day, making arrangements for appropriate cover where necessary. You must take<br />

a minimum rest period of 30 minutes if you have worked continuously for six hours.<br />

The law entitles you to a daily rest of 11 consecutive hours and a weekly rest of<br />

24 hours. Except where we may lawfully require you to work during all or part<br />

of these rests, you must take them. If as a result of our work requirements you do<br />

not get your full rest entitlements, you will be entitled to an equivalent period of rest.<br />

Contractual Information (end)<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Hours of Work Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at the discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does form part of your contract of employment.<br />

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13 Wellbeing<br />

Smoking Policy<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

This policy has been developed in line with the requirements of the Health Act 2006<br />

to protect the health of all employees, contractors, consultants and visitors to the<br />

<strong>FSA</strong>’s premises from exposure to second-hand smoke.<br />

We recognise that people have the right to work in a smoke-free environment under<br />

the new Smoke-free Regulations and we will take all reasonable steps to achieve this.<br />

We recognise that second-hand smoke adversely affects the health of people. We are<br />

not concerned with whether anyone smokes, but where they smoke and the effect this<br />

has on our staff and visitors.<br />

The aim of the policy is to:<br />

• protect the health of anyone who comes to work on our behalf on our premises<br />

(including employees, secondees, workers, contractors, and consultants);<br />

• protect the health of visitors to the <strong>FSA</strong>;<br />

• inform people of their responsibilities in relation to this policy; and<br />

• promote an improved working environment in conjunction with the<br />

Rightspace programme.<br />

What the <strong>FSA</strong> expects from you<br />

<strong>Employee</strong>s should:<br />

• ensure they comply with this policy and do not smoke on the premises (including<br />

the steps at the front and back of the building) or in any other areas on the Canary<br />

Wharf estate where a ‘no smoking’ sign is displayed;<br />

• ensure their visitors to the <strong>FSA</strong> are made aware of the smoking policy on<br />

arrival; and<br />

• report any employee, contractor, etc., who commits serious or persistent breaches<br />

of this policy to their manager or the HR Division.<br />

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Scope<br />

It is against the law to smoke in public spaces and workplaces that are enclosed or<br />

substantially enclosed, i.e. with a ceiling or roof that (except for doors, windows and<br />

passageways) are wholly enclosed or are enclosed but for an opening that is less than<br />

half the workplace perimeter.<br />

Smoking will not be permitted by any person in any part of the <strong>FSA</strong>’s premises,<br />

including the entrances, lifts, corridors, stairwells, toilets, or in any <strong>FSA</strong> vehicles,<br />

e.g. those used by the chauffeurs. The jurisdiction of 25 The North Colonnade<br />

(25TNC) ends at the bottom of the steps at both the main and back entrances of<br />

the building. The law covers all substances that a person can smoke, including<br />

manufactured cigarettes, hand-rolled cigarettes, pipes, cigars, herbal cigarettes<br />

and water pipes.<br />

Internal procedure for non-compliance<br />

Smoking on our premises is considered to be an act of misconduct. Any employee<br />

who does not comply with this policy may be subject to disciplinary action in<br />

accordance with our Disciplinary Procedure.<br />

A record will be made and referred to the HR Helpline if any employee:<br />

• fails to comply with reasonable requests from security to extinguish smoking<br />

material or move to a dedicated smoking zone on the Canary Wharf estate; or<br />

• commits serious or persistent breaches of this policy.<br />

If a visitor does not comply with the smoking policy they should be asked to<br />

extinguish the smoking material. If they continue to smoke they should be referred<br />

to the appropriate host or to a member of the security if the host is not present.<br />

Breaks<br />

Smokers are allowed to have reasonable breaks provided these do not prevent them<br />

from satisfactorily carrying out their responsibilities and work duties, and there is no<br />

significant loss in productivity.<br />

If you are in the Flexitime Scheme you should log off at the terminal before taking<br />

a smoking break and log on again before returning to your desk, in line with the<br />

Flexitime policy.<br />

Roles and responsibilities<br />

Senior management of the <strong>FSA</strong> will be ultimately responsible for making sure that<br />

the law is complied with on our premises, while the HR Division will be responsible<br />

for maintaining this policy and ensuring its consistent approach across the <strong>FSA</strong>.<br />

However, we all have an obligation to meet the new regulations.<br />

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Corporate Security will:<br />

• seek to ensure that all employees, secondees, workers, contractors, consultants<br />

and visitors to the <strong>FSA</strong>'s premises comply with this policy;<br />

• ensure anyone they find smoking on the premises (which includes the steps at the<br />

front and back of the building) is asked to extinguish their cigarette and reminded<br />

of our policy; and<br />

• report any employee who commits serious or persistent breaches of this policy, or<br />

who fails to comply with reasonable requests from security, to the HR Helpline.<br />

Property and Workplace will:<br />

• ensure ‘no smoking’ signs are displayed around the building and in<br />

chauffeurs’ vehicles;<br />

• seek to ensure that all employees, contractors, consultants and visitors to the<br />

<strong>FSA</strong>’s premises comply with this policy; and<br />

• report any employee who commits serious or persistent breaches of this policy,<br />

or who fails to comply with reasonable requests, to the HR Helpline.<br />

Managers will:<br />

• seek to ensure that their employees, contractors, consultants and visitors to our<br />

premises (which includes the steps at the front and back of the building) comply<br />

with this policy; and<br />

• ensure that any serious or persistent breaches of the policy by a member of their<br />

team will be dealt with under the Disciplinary Procedure.<br />

CWM and LBTH will:<br />

• ensure that the smoke-free regulations are implemented and enforced throughout<br />

the Canary Wharf estate;<br />

• work with employers on the Canary Wharf estate to ensure the regulations are<br />

implemented and enforced.<br />

Who is covered by this policy?<br />

This policy applies to all employees, secondees, workers, contractors, consultants and<br />

visitors to our premises.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Smoking Policy as at May 2011.<br />

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The policy is owned by the HR Division, Occupational Health, Health and Safety,<br />

Property and Workplace, Corporate Security, and has been developed in conjunction<br />

with the Staff Consultative Committee.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Stress Wellbeing Policy<br />

The <strong>FSA</strong> is committed to identifying and tackling the causes of work-related stress<br />

and mental health issues and to provide appropriate support and consideration to staff<br />

suffering from such problems on a confidential basis where appropriate.<br />

This commitment extends to maintaining a working environment that protects the<br />

psychological as well as physical health of all <strong>FSA</strong> employees, wherever possible.<br />

Psychological health problems can include stressors from an employee's personal life<br />

and the pressures and demands these entail which are often unavoidable. It can also<br />

include the often unavoidable pressure of working life, with each job bringing its<br />

own pressures and demands. A controllable level of pressure can be healthy and<br />

benefit performance, but excessive and sustained levels of stress may be damaging to<br />

your health.<br />

The <strong>FSA</strong> recognises that stress is a health and safety issue. The Health and Safety<br />

Executive define stress as “the adverse reaction people have to excessive pressure or<br />

other types of demands placed on them”. This makes an important distinction<br />

between pressure, which can be a positive state if managed correctly, and stress<br />

which can be detrimental to health.<br />

Principles<br />

What you can expect from the <strong>FSA</strong><br />

• Identify workplace stressors (as far as reasonably practicable) and conduct<br />

risk assessments to eliminate stress or control the risks. These should be<br />

reviewed regularly.<br />

• Provide training for all people managers in good management practices.<br />

• Provide confidential free counselling for staff affected by either work or external<br />

stress through an EAP (<strong>Employee</strong> Assistance Programme).<br />

• Provide adequate resources to enable managers to implement the <strong>FSA</strong>’s agreed<br />

stress management strategy.<br />

• Promote a culture of open communication, participation and encouragement.<br />

• Provide a workplace free from harassment, bullying and victimisation.<br />

• Address violence, aggression and other forms of inappropriate behaviour through<br />

disciplinary action.<br />

• Maintain a performance management framework, which includes<br />

objective setting and an appraisal process, to ensure the suitability of<br />

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workloads and the development of appropriate skills, supported by a<br />

Performance Management Procedure.<br />

• Provide employees with clear roles and responsibilities; and<br />

• Provide adequate training to ensure employees are able to carry out their roles.<br />

What the <strong>FSA</strong> expects from you<br />

Ultimately, you have primary responsibility for your own health and wellbeing and to<br />

ensure you take reasonable care of yourself.<br />

• Comply with any safety instructions and directions issued by the <strong>FSA</strong>.<br />

• Let your manager know about any aspect of work or your working environment<br />

which may be affecting your health.<br />

• Be familiar with the Stress and Wellbeing policy and act in accordance with its<br />

aim and objectives.<br />

• Plan and organise your work to meet personal and organisational objectives.<br />

• Speak to your manager if you experience or are aware of a situation that may lead<br />

to a stress problem.<br />

• Co-operate with support, advice and guidance you may be offered by<br />

the <strong>FSA</strong>, including training and attending meetings with Occupational<br />

Health when required.<br />

Responsibilities: (as far as reasonable practicable)<br />

People Managers:<br />

• Ensure each member of staff is trained to perform their duties.<br />

• Monitor workloads to ensure that staff are not put under excessive pressure.<br />

• Monitor working hours to ensure staff members are not working excessively.<br />

• Ensure good communication between team members.<br />

• Promote a culture of zero tolerance for bullying and harassment.<br />

Human Resources:<br />

• Ensure all people managers have adequate guidance on the Stress and Wellbeing<br />

Policy and provide any necessary training.<br />

• Give support to people managers on any training needs identified within<br />

their team.<br />

• Monitor the effectiveness of measures to address stress and identify trends by<br />

collating and reporting sickness absence statistics.<br />

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Occupational Health Adviser:<br />

• See any staff member who the line manager has identified as possibly suffering<br />

from stress, or stress related problems, and provide advice and support to both<br />

them and management.<br />

• Provide specialist advice on stress management.<br />

• Refer any employee to the EAP provider where appropriate.<br />

• Identify trends and make recommendations from referrals and analysis of stress<br />

audits; report findings to the HR Division.<br />

HR Helpline, HR Business Partners, <strong>Employee</strong> Relation Consultants<br />

and H&S Reps:<br />

Will provide support and advice to managers and employees.<br />

• Will seek additional guidance from appropriately qualified and experienced<br />

colleagues and professionals where necessary e.g. Occupational Health Adviser<br />

and Physician.<br />

• Will escalate issues appropriately where any individual or department-wide<br />

wellbeing risks are identified e.g. HR Helpline to HR Business Partner.<br />

Support & Assistance:<br />

• EAP (<strong>Employee</strong> Assistance Programme) – Free and confidential advice line and<br />

counselling service which is available 24 hours per day.<br />

• Occupational Health Adviser – A referral will only be suggested after a<br />

discussion between you and your line manager. Discussions with the OHA are<br />

confidential, although a report will be provided to your line manager and<br />

<strong>Employee</strong> Relations Consultant to ascertain your fitness for work and to identify<br />

any changes to your working arrangements that might help you to return to or<br />

remain in work. If appropriate, the OHA may refer you on to the Occupational<br />

Health Physician.<br />

• Your own GP.<br />

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Any employee who considers that they may be suffering from stress or a mental<br />

health issue for reasons connected with their working conditions, workload or<br />

working relationships with colleagues, should approach their line manager in the<br />

first instance.<br />

Any people manager noting symptoms of stress and/or a mental health problem in an<br />

employee who reports to them or who is approached by an employee complaining of<br />

a work related stress or mental health issue should promptly refer the employee to<br />

Occupational Health and advise their <strong>Employee</strong> Relation Consultant.<br />

Who is covered by this policy?<br />

This policy covers all employees/workers at all levels and grades, including<br />

Managing Directors, Directors, Heads of Departments, Managers, Technical<br />

Specialists, Associates, Administrators and Secretaries who may be home workers,<br />

part time and fixed term employees, and agency temps, secondees and contractors<br />

(collectively referred to as staff in this policy).<br />

Third parties who have access to the <strong>FSA</strong> premises (such as consultants, contractors,<br />

customers and visitors) are also required to comply with this policy.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Stress and Wellbeing Policy as at January 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Health & Safety Adviser.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment and is subject to<br />

change at the discretion of the <strong>FSA</strong>. Any changes will be published on the <strong>FSA</strong>’s<br />

intranet, Connect+.<br />

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Substance Abuse Policy<br />

Our employees are our most valuable resource and their health and safety is of the<br />

utmost importance. Drug and alcohol misuse has the potential to damage the health<br />

and wellbeing of our employees and threaten the success of our business.<br />

What you can expect from the <strong>FSA</strong><br />

We will manage any substance abuse or related concern in line with the following<br />

key principles.<br />

• We wish to ensure your welfare and to safeguard the organisation’s efficiency<br />

and reputation.<br />

• We consider alcoholism and drug dependency as illnesses, which except where<br />

absolutely necessary, should be treated medically rather than within the<br />

Disciplinary Procedure.<br />

• Encourage those employees with an alcohol or drugs problem to seek appropriate<br />

help as early as possible.<br />

• Ensure that you are aware of the risks associated with the abuse of alcohol<br />

and drugs.<br />

• Help managers to identify a drinking or drugs problem at an early stage.<br />

• Ensure that other employees are not put at risk or adversely affected by an<br />

employee’s alcohol consumption or drug use.<br />

• Ensure that the <strong>FSA</strong>’s efficiency and reputation is not undermined by an<br />

employee’s alcohol or drug-influenced behaviour.<br />

What the <strong>FSA</strong> expects from you<br />

We expect employees to do as follows:<br />

• Seek assistance in line with this policy.<br />

• Advise the Occupational Health Advisor if they are taking prescribed drugs.<br />

• Adhere to any rehabilitation program.<br />

• Accept and co-operate with any referral to a medical advisor.<br />

Acceptable and unacceptable use<br />

The definition of ‘substance’ includes:<br />

• alcohol;<br />

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• illicit, prescription or over-the-counter drugs; and<br />

• any other substance that may impair an employee’s performance or<br />

conduct at work.<br />

Alcohol is available to you at particular times in specified dining areas on <strong>FSA</strong><br />

premises, but is not normally permitted elsewhere. However, there are occasions<br />

when alcoholic drinks may be permitted, at the discretion of line managers.<br />

If you drink off-duty, it should be to an extent that it does not impair work<br />

performance or conduct. Any employee whose work performance or conduct is<br />

adversely affected by alcohol consumption or drugs may be subject to action under<br />

our Disciplinary Procedure.<br />

Helping employees<br />

We encourage you to seek help if you have an alcohol or drugs-related problem and<br />

to seek advice on the assistance available.<br />

There are often signs that might suggest that someone has a problem. These include a<br />

decline in work performance; a poor attendance record; unreliability; unexplained<br />

injuries; and changes in behaviour, such as irritability and lack of concentration. The<br />

<strong>FSA</strong> accept that raising the subject may put you in a difficult or embarrassing<br />

position, but believe that you should encourage a colleague to seek assistance.<br />

If a line manager observes that someone has a dependence problem, or information<br />

comes to light through the disciplinary procedure or by other means, the manager<br />

should encourage them to seek help. If managers require assistance, they should<br />

speak to the HR Helpline.<br />

Counselling service<br />

If you are experiencing problems with alcohol or drug dependency, you can seek help<br />

through the confidential <strong>Employee</strong> Assistance Programme.<br />

Disciplinary action<br />

Although the <strong>FSA</strong>’s intention is to help employees with substance abuse problems,<br />

we may take disciplinary action, up to and including dismissal (as appropriate), for<br />

the following serious offences:<br />

• Possessing, using or selling illicit drugs on <strong>FSA</strong> our premises, the premises of a<br />

regulated organisation and also at any other event when representing the <strong>FSA</strong>;<br />

• Working under the influence of alcohol, such as to impair performance<br />

or conduct.<br />

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• Drinking alcohol on <strong>FSA</strong> our premises, other than when authorised<br />

by management.<br />

• Being under the influence of alcohol, drugs or other prescribed substances that<br />

impair performance or conduct while at work (including attending any event,<br />

whether social or otherwise at <strong>FSA</strong> our premises or elsewhere).<br />

If an employee refuses to accept referral to specialist help, e.g. an Occupational<br />

Health Advisor, we may initiate disciplinary action.<br />

If an employee fails to complete a rehabilitation programme, we may initiate<br />

disciplinary action.<br />

If you relapse into dependency after the course of treatment has been completed, you<br />

will be given the opportunity to take further treatment. If this help is refused, or your<br />

performance or action is unacceptable, disciplinary action may be taken.<br />

Rehabilitation<br />

Line managers are responsible for monitoring the performance and health of<br />

employees who have undergone successful treatment for an alcohol or drug problem.<br />

If you need further help on keeping alcohol and drugs out of your life, you should<br />

speak in confidence to your line manager or the HR Helpline, or seek further help<br />

from the <strong>Employee</strong> Assistance Programme.<br />

<strong>Employee</strong>s on a rehabilitation programme will usually be subject to normal<br />

sickness/absence rules.<br />

Who is covered by this policy?<br />

This policy applies to all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Substance Abuse Policy as at April 2009.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The policy is not contractual and is subject to change at our discretion of the <strong>FSA</strong> –<br />

any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

276


14 Working Patterns<br />

Flexible Working Policy<br />

Parents of children up to and including the age of 16, or of disabled children under<br />

the age of 18, have the right to apply to work flexibly. From 6th April 2007, the<br />

flexible working regulations 2006 came into force and extended the right to carers<br />

of certain adults.<br />

<strong>Employee</strong>s not covered by this policy may still request to work flexibly and the<br />

process for considering that request will be broadly similar. However, in this<br />

instance, the line manager’s decision will be final and there will be no right to appeal,<br />

other than through <strong>FSA</strong>’s Grievance Procedure. The application process is the same<br />

for all employees (see below).<br />

There is no automatic right to work flexibly, as there will always be circumstances<br />

when the <strong>FSA</strong> is unable to accommodate a desired work pattern. However, this<br />

policy aims to facilitate discussion and to encourage both parties to find a mutually<br />

agreeable solution. Each request will be considered seriously and assessed on its<br />

own merits.<br />

Eligibility<br />

In order to make a request you must:<br />

• Be the parent, adoptive parent, guardian, special guardian or foster parent of a<br />

child up to and including the age of sixteen (or under the age of 18 if the child<br />

is disabled).<br />

• Have caring responsibilities for an adult aged 18 or over who is the employee’s<br />

spouse, civil partner or live-in partner, a relative, or someone living at the same<br />

address as the employee.<br />

• Have worked continuously for <strong>FSA</strong> for 26 weeks at the date the application<br />

is made.<br />

• Make the application no later than 2 weeks before your child’s 17th (or 18th)<br />

birthday.<br />

• Have or expect to have responsibility for your child’s upbringing.<br />

• Be making the application to enable you to care for your child or dependent.<br />

• Not have made another application to work flexibly during the past 12 months.<br />

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Considerations<br />

In considering a request for flexible working, <strong>FSA</strong> will take the following factors<br />

into account:<br />

• Will <strong>FSA</strong>’s business be affected by not having someone in post during standard<br />

working hours?<br />

• Can all the necessary work be done in the hours/days requested?<br />

• Is there another job of similar level that the worker could do flexibly?<br />

• What benefits would the company get from this arrangement?<br />

• What would the effect be on the morale and commitment of other staff?<br />

• What are the potential cost implications to the Company?<br />

• Have other requests to work flexibly been made in the area and how were<br />

they treated?<br />

Due to the continuing work pressures and operational stretch at this time, no requests<br />

for compressed hours will be approved. This decision will be reviewed annually<br />

against business needs at that time and any changes communicated to all staff. You<br />

should work with your line manager to identify other suitable flexible working<br />

arrangements. See the <strong>Employee</strong> Guidance pages for further information.<br />

Flexible working arrangements will not necessarily transfer from one job to another.<br />

Different roles may not be suitable to being carried out on the same flexible working<br />

arrangement as your current role, so this will be reassessed at the time.<br />

Making a request<br />

You will be required to make a request by completing the e-form on Connect+, or in<br />

writing on a hard copy if you are applying during your maternity leave and are<br />

therefore unable to access the e-form.<br />

An agreed request will normally be subject to a six month trial period during which<br />

the arrangement will be subject to continuous review. Failure to deliver will result in<br />

a return to a normal working pattern.<br />

At the end of the trial period, if it is agreed by both parties that the new arrangements<br />

are working, the application will be accepted. An accepted application will mean a<br />

permanent change to Terms and Conditions, unless agreed otherwise.<br />

Within 28 days of receipt of your application a meeting may be arranged between<br />

you, your line manager and your HR Business Partner. This meeting will provide an<br />

opportunity to discuss your request in depth and to explore how best it might be<br />

accommodated. It will also provide an opportunity to consider other alternative<br />

arrangements should there be problems accommodating your desired work pattern.<br />

Should you wish, you may bring a colleague with you to this meeting.<br />

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Within 14 days of the meeting, we will confirm in writing whether or not your<br />

request has been agreed. If it has, a start date will be agreed with you and you will<br />

be issued with revised Terms and Conditions. If the application cannot be accepted<br />

you will be provided with clear business grounds as to why not. If we have been<br />

unable to reach a decision at this point you will be notified accordingly.<br />

Appeals<br />

If you feel that the reason for refusing your request is unjustified, you may appeal in<br />

writing. This must be done within 14 days of the notification of the refusal. The<br />

appeal should state the main reasons why you consider the decision to be unjustified.<br />

The appeal should be submitted to the HR Director.<br />

The appeal will be heard by two people who will be senior employees of the <strong>FSA</strong><br />

one of whom will normally be the Director of your division. They will not have been<br />

involved in the meeting previously conducted. A member of the HR Division will<br />

also be present to take notes and, where appropriate, give procedural guidance. The<br />

appeal will normally be held within 10 working days of receiving your written<br />

reasons for appeal.<br />

You will normally be given at least 3 working days’ notice of the hearing. The<br />

outcome of the appeal will be communicated to you in writing as soon as possible<br />

after the appeal has been held.<br />

Right to be accompanied<br />

You may be accompanied at formal flexible working meetings by a fellow employee<br />

of your choice, who may be a friend, colleague or Staff Consultative Committee<br />

representative. Please note that the fellow employee should not be a member of the<br />

HR Division.<br />

Who is covered by this procedure?<br />

This procedure covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Flexible Working Policy as at May 2011.<br />

This policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Flexitime Policy<br />

We operate a flexitime scheme for certain Administrator/Secretarial employees.<br />

<strong>Employee</strong>s eligible to participate in the flexitime scheme (as indicated in your<br />

Personal Statement) must comply with the rules of the scheme.<br />

Flexitime scheme rules<br />

The Rules of the Scheme are detailed below. These rules are subject to work<br />

requirements. Limitations may be made at the discretion of your line manager.<br />

• Each team/section should be adequately manned at all times between 9.00 am<br />

and 5.00 pm.<br />

• The accounting period will be a calendar month. Calculations are made on the<br />

basis of a seven-hour day.<br />

• Working hours may commence at any time between 7.00 am and 10.00 am and<br />

end at any time between 4.00 pm and 8.00 pm. These hours are known as the<br />

‘flexitime band’.<br />

• On a normal working day, you should arrive at the office no later than 10.00 am<br />

and should not leave before 4.00 pm. The hours between 10.00 am and 4.00 pm<br />

are known as ‘core time’.<br />

• The lunch interval should be of at least 30 minutes duration and may be taken at<br />

any time between 12.00 noon and 2.30 pm.<br />

• Each time you enter or leave the building, you must personally log in or out by<br />

swiping your passcard through the flexi terminal. In no circumstances may you<br />

log in or out on behalf of another member of staff. Both actions will be treated as<br />

gross misconduct for both you and the other person concerned. You should log<br />

out and back in when you are away from your desk for absences such as smoking<br />

breaks.<br />

• Excess hours registered at the end of the accounting period up to a maximum<br />

of ten hours may be carried forward to the next accounting period. Excess<br />

hours will not rank for overtime payment nor affect holiday, pension or any<br />

other entitlement.<br />

• A maximum of ten debit hours may be carried forward at the end of an<br />

accounting period. The maximum debit hours permitted at any time during a<br />

period is fourteen hours. If you are in a debit situation any authorised overtime<br />

worked will offset this balance and payment will not be made.<br />

• Credit hours may be taken off either during the ‘flexitime band’; or in each<br />

accounting period of a calendar month as two half days or one whole day absence<br />

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from the office. However, no more than twelve half or six whole ‘flexiday’<br />

absences are permitted between 1 June and 31 May.<br />

• If you are part time, the total days that you are entitled to take will be pro-rated in<br />

proportion to your part time hours.<br />

• Proposed absence for whole or half ‘flexidays’ is subject to cancellation by<br />

management in order to ensure adequate staffing.<br />

• Should you leave the <strong>FSA</strong>’s employment you must ensure that your hours are not<br />

in debit. Any remaining deficit of hours will be deducted from your final salary.<br />

• Additional 'flexidays' may be granted for those working towards examinations.<br />

• Loss of working time due to travelling difficulties such as late trains, traffic holdups<br />

and other such hazards will not be credited.<br />

• Treatment and general examination by opticians, doctors, dentists, etc. will not<br />

normally be credited.<br />

• Time lost through urgent unplanned medical treatment will be credited subject to<br />

the authorisation of your line manager.<br />

• Authorised holiday will be credited at seven hours per day.<br />

• Authorised half day holiday will be credited at 3 hours 30 minutes. AM half day<br />

holiday - you should arrive for work no later than 2 pm. PM half day holiday -<br />

you should not leave the office earlier than 12pm.<br />

• Authorised sickness absence will be credited at seven hours per day.<br />

• If you are required by the <strong>FSA</strong> to be away from your normal place of work, you<br />

will be credited for the hours spent as follows:<br />

- external meetings to which you travel directly from home will be credited<br />

with a start time of 9.00 am;<br />

- on leaving the office for business appointments and not returning, credit will<br />

be given to 5.00 pm;<br />

- the maximum credit for a business lunch will be two hours;<br />

- a full day’s absence on business will be credited as seven hours; and<br />

- adjustment in respect of such absences will need to be authorised by your<br />

line manager.<br />

Flexitime scheme method of operation<br />

Arrival Lunch Departure<br />

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You should log in<br />

when you are ready to<br />

commence work.<br />

You should log out, take a<br />

minimum of 30 minutes lunch<br />

break and log back<br />

in again.<br />

You should log out when you<br />

have finished work. Failure to<br />

log out will automatically cut<br />

back to the last time that you<br />

logged in.<br />

You should log out if you take any breaks during the day when you will not be<br />

undertaking work, e.g. smoking breaks.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Flexitime Policy as at January 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Homeworking Policy<br />

The <strong>FSA</strong> recognises that homeworking can be beneficial to both employees and<br />

the organisation.<br />

To work effectively, homeworking arrangements have to meet the business needs<br />

of the <strong>FSA</strong>, ensuring that the needs of both internal and external stakeholders will<br />

not suffer.<br />

Whilst not all jobs are suitable for homeworking, requests made by those who are<br />

legally entitled to request flexible working, or others where considered appropriate<br />

by the <strong>FSA</strong>, will be considered on their own merits. This scheme is not intended to<br />

create any contractual rights for employees over and above the statutory flexible<br />

working regime.<br />

Principles<br />

Line managers will have overall responsibility for considering homeworking requests<br />

and assessing whether the role and other factors make such an arrangement suitable<br />

and appropriate.<br />

<strong>Employee</strong>s will have responsibility for ensuring they have a suitable environment<br />

at home in which they can focus on work. <strong>Employee</strong>s must be able to work free<br />

from disruption, e.g. by having adequate care arrangements in place for dependants.<br />

Homeworking must not put additional burden on office based colleagues,<br />

i.e. not lead to an output from the employee concerned which is reduced in either<br />

quality or quantity.<br />

<strong>Employee</strong>s are required to comply with all <strong>FSA</strong> policies and procedures (e.g. those<br />

relating to records management, clear desk and the security of information) whether<br />

working at home or at their office base.<br />

Homeworking will be permitted usually only to a maximum of 3 days per week or up<br />

to a maximum of 60 percent working time.<br />

The ability to work at home may be affected by the constraints on the availability of<br />

the IS systems that are necessary to enable someone to carry out their work at home.<br />

Withdrawal of a homeworking arrangement will be done in consultation with the<br />

employee and reasonable notice will be given, where practicable. Homeworking<br />

arrangements can be withdrawn, if in the opinion of the relevant line manager, the<br />

effective and efficient operation of the team, department, and/or division is<br />

compromised, and/or:<br />

• the role changes;<br />

• the ability of the wider <strong>FSA</strong> to fulfil its objectives is compromised;<br />

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• the performance of a home worker is unsatisfactory; and/or<br />

• the benefit is being abused.<br />

Homeworking arrangements will not transfer from one job to another, since different<br />

roles may not be equally suitable to being carried out in part remotely.<br />

Types of Homeworking Arrangements<br />

The <strong>FSA</strong>'s Homeworking Policy makes distinctions between employees working on<br />

the following basis:<br />

• Occasional homeworking – employees work from home on an occasional basis<br />

e.g. one or two days a month.<br />

• Regular homeworking - employees work from home on a regular basis e.g. one<br />

day per week.<br />

• Full-time homeworking - employees have a contractual agreement with the <strong>FSA</strong><br />

to work from home (Full-time homeworking contracts only apply to a small<br />

number of <strong>FSA</strong> employees and are determined by the nature of the role).<br />

Working hours<br />

<strong>Employee</strong>s' normal working hours will apply regardless of any<br />

homeworking arrangement.<br />

It is expected that anyone working at home will work their normal daily pattern<br />

unless agreed with their line manager in advance.<br />

Expenses<br />

Expenses incurred as a result of Occasional and Regular Homeworking outside the<br />

<strong>FSA</strong>'s Expenses Policy will have to be met by employees.<br />

Full-time homeworkers should refer to their Personal Statement of Terms &<br />

Conditions of Employment (and any subsequent variations) for details relating to<br />

Motor Insurance and Mileage expenses.<br />

Health & Safety<br />

The <strong>FSA</strong> has a responsibility to ensure as far as it is reasonably practicable the<br />

health, safety and welfare of employees, wherever they work. <strong>Employee</strong>s working at<br />

home have the same duties under the Health and Safety at Work Act 1974 as all other<br />

employees. They must take care of their own health and safety and that of anyone<br />

else who might be affected by their actions and must co-operate with the <strong>FSA</strong> on all<br />

health and safety matters.<br />

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The <strong>FSA</strong> is required to undertake a risk assessment of employees’ activities and<br />

working environment when working on a full-time or regular basis at home. This will<br />

normally be undertaken via self-assessment through completion of the Homeworking<br />

application eform. <strong>Employee</strong>s must inform the <strong>FSA</strong> immediately of any changes or<br />

hazards to their working environment or equipment used. Full-time and regular<br />

homeworkers will need to be complete the self-assessment process on a yearly basis.<br />

Sickness Absence<br />

All employees working at home must comply with the <strong>FSA</strong>’s Sickness Policy and<br />

ensure that they make personal contact with their line manager, or deputy, within<br />

30 minutes of their normal start time if they are sick or unable to work.<br />

It will not be appropriate for people to work at home as an alternative to taking<br />

sick leave if ill. It is important that people only work at home if they are genuinely<br />

fit for work.<br />

Security and confidentiality of data and equipment<br />

<strong>Employee</strong>s are responsible for ensuring the security of <strong>FSA</strong> property and<br />

information, documents and files within their possession and are required to comply<br />

with <strong>FSA</strong> policies and procedures, including those relating to records management,<br />

clear desk and the security of information when working at home.<br />

Insurance & related matters<br />

Equipment: The <strong>FSA</strong> will pay the insurance cover for all <strong>FSA</strong> equipment under its<br />

current policy which covers “all risks anywhere in the UK”. <strong>Employee</strong>s should<br />

ensure that their building/contents insurance is not invalidated by the use of the home<br />

as a place of work, or by the storage/use of <strong>FSA</strong> equipment.<br />

Buildings and contents insurance: It is the responsibility of homeworkers to<br />

provide adequate home buildings and contents insurance. The <strong>FSA</strong> does not accept<br />

liability for damage caused to the home or its contents.<br />

Full-time homeworkers and those working at home on a regular basis should seek<br />

advice from the relevant agencies with regard to the effect of home working on their<br />

mortgage or tenancy agreement, and council tax/business rates.<br />

The <strong>FSA</strong> does not accept any responsibility for an employee who suffers any<br />

detriment, loss or legal action as a result of not obtaining the necessary permissions<br />

from their insurer, mortgage lender, landlord or local authority.<br />

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Tax guidance for mobile devices<br />

Please read the guidance on Connect+ about tax implications of mobile phones,<br />

Blackberries, smart phones and iPads.<br />

Full-time homeworking (FTHW)<br />

Full-time homeworking contracts will be determined by the nature of the role, e.g.<br />

when the role requires people to work in specific locations throughout the country,<br />

and will not be agreed to on request.<br />

Full-time homeworkers (FTHWs) will have a contractual agreement with the<br />

<strong>FSA</strong> to work from home, though that agreement is subject to the same right of the<br />

<strong>FSA</strong> to make reasonable changes to terms and conditions as all its other contracts<br />

of employment.<br />

Expenses<br />

FTHWs should refer to their Personal Statement of Terms & Conditions of<br />

Employment (and any subsequent variations) for details relating to Motor<br />

Insurance and Mileage expenses.<br />

Reporting Procedures<br />

FTHWs should agree with their line manager a procedure for maintaining regular<br />

contact. This will include agreeing when they can be contacted to ensure that work<br />

and personal lives are kept separate.<br />

Attendance at <strong>FSA</strong> locations<br />

Periodic visits to <strong>FSA</strong> offices will be necessary, e.g. for meetings and training events.<br />

A maximum of two visits per month will be reimbursed, in accordance with the<br />

Travel Expenses Policy. <strong>Employee</strong>s should agree all travel to <strong>FSA</strong> offices in advance<br />

and obtain prior authorisation of expenses with their manager. Any travel to <strong>FSA</strong><br />

offices in addition to the two visits will not be reimbursed by the <strong>FSA</strong>.<br />

Provision and use of equipment<br />

Equipment<br />

Equipment necessary to enable FTHWs to work at home will be agreed between the<br />

FTHW and the <strong>FSA</strong>, and the <strong>FSA</strong> will subsequently supply this equipment. Such<br />

equipment shall at all times remain the property of the <strong>FSA</strong>.<br />

Tax Relief<br />

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<strong>Employee</strong>s who choose to work from home are not normally entitled to tax relief<br />

on additional outgoings. However, if there is a requirement from the <strong>FSA</strong> for the<br />

employee to work from home, there may be tax relief on a proportion of the costs for<br />

heating, lighting, travel expenses and on rent of a room used for business purposes.<br />

It is the responsibility of the homeworker to clarify their position with HMRC.<br />

Information is available on the HMRC.<br />

Regular Homeworking (RHW)<br />

Regular Homeworking (RHW) applies when employees have an agreement with their<br />

line manager to work from home on a regular basis e.g. one day per week.<br />

RHW may be appropriate when:<br />

• functions of the role can be carried out remotely and without disruption;<br />

• clear outputs can be achieved and agreed in advance;<br />

• there is adequate equipment in order for the employee to carry out their work;<br />

• an employee’s absence will not create problems for others;<br />

Consequently, homeworking requests are likely to be rejected if:<br />

• the arrangement will create an additional cost burden for the <strong>FSA</strong>;<br />

• the arrangement would have a detrimental effect on the <strong>FSA</strong>’s ability to meet<br />

the demands of its internal and external “customers”;<br />

• it is impracticable to recruit any additional employees required by<br />

the arrangement;<br />

• the arrangement would have a detrimental impact on quality or performance<br />

of work;<br />

• the arrangement cuts across any planned structural changes.<br />

Arrangement process<br />

Requests for RHW arrangements should be made in accordance with the <strong>FSA</strong>’s<br />

Homeworking Policy. You will be required to make a request in writing by<br />

completing the Homeworking application eform on our intranet (Connect+).<br />

Applications will be systematically considered and will be approved at the line<br />

manager’s discretion, taking into account the employee’s circumstances and the<br />

needs of the organisation. Requests for regular homeworking will not be refused<br />

without the line manager giving, in writing, reasons for doing so. If your request is<br />

rejected, you should discuss the reasons behind the decision with your line manager<br />

in the first instance and you may be able to agree a suitable alternative arrangement.<br />

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If this is not possible, then you are strongly urged to try and resolve the issue locally,<br />

perhaps by involving the relevant HoD or Director.<br />

<strong>Employee</strong>s will be required to sign a Homeworking Agreement before they can<br />

commence working from home.<br />

Any RHW agreement will be subject to a six month trial period and will be reviewed<br />

at the end of that period.<br />

Reporting and out-of-office procedures<br />

<strong>Employee</strong>s working at home should be contactable during the agreed working day,<br />

unless specifically agreed in advance with their line manager.<br />

Telephone<br />

<strong>Employee</strong>s’ <strong>FSA</strong>’s phone number should be diverted to a mobile or landline number<br />

on home working days. If this is not possible, voicemails can be collected remotely<br />

by dialling 020 7066 6666 and following the instructions. A contact number must be<br />

provided to your line manager.<br />

Attendance at the office<br />

<strong>Employee</strong>s who have a RHW arrangement may be required on occasions to attend<br />

the office e.g. a team Away day, urgent meeting or training course, on an agreed<br />

“home working” day. The employee will be expected to make arrangements to attend<br />

wherever possible. This does not entitle the employee to a replacement home<br />

working day.<br />

Occasional Homeworking (OHW)<br />

OHW applies when employees work from home on an ad hoc and occasional basis<br />

e.g. one or two days per month.<br />

OHW is permissible when:<br />

• clear outputs can be achieved and agreed in advance<br />

• there is adequate equipment in order for the employee to carry out their work<br />

• an employee’s absence will not create problems for others<br />

Arrangement process<br />

Arrangements for OHW can be agreed informally between employee and their line<br />

manager, and approval will be at the discretion of the line manager.<br />

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Line manager agreement to work at home needs to be obtained in advance on each<br />

occasion. The manager’s agreement on any occasion does not vary the employee’s<br />

contract of employment or create any right to home working in future.<br />

Out-of-office and contact arrangements are the same as for RHW.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>’s Homeworking Policy as at June 2010.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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Part-time Working Policy<br />

Following an application made under the <strong>FSA</strong>’s Flexible Working Policy, if you opt<br />

to work on a part-time basis, there will be a knock-on effect on a number of benefits:<br />

Salary<br />

Your salary will be pro-rated to reflect the hours that you work as follows:<br />

Hours worked/35 x full time salary = part time salary<br />

Holiday<br />

Your annual leave allowance will be pro-rated to reflect the number of days that you<br />

work in a week. This will apply to both your core holiday allowance and the amount<br />

of additional leave you can purchase through flexible benefits.<br />

Days worked/5 x 23 = core holiday allowance<br />

Days worked/5 x 15 = amount of additional leave that can be purchased<br />

Bank and Public Holidays<br />

You will be entitled to bank and public holidays on a pro-rated basis in addition to<br />

your annual leave allowance as follows:<br />

Days worked/5 x 8 (bank and public holidays in a year) = bank holiday days<br />

Most staff find it more convenient to add the bank holiday allowance to the<br />

overall leave allowance and then deduct bank holiday days from the overall total<br />

on the basis that:<br />

If a bank holiday falls on a day that you normally work, you can either work an<br />

alternative day or deduct a day from your total allowance.<br />

If in any year, more bank and public holidays fall on your normal working days than<br />

your bank holiday allowance, you must either work alternative days or take the<br />

additional days from your remaining leave allowance. You must record all leave via<br />

<strong>Employee</strong> Self-service on Chrysalis.<br />

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Sick Pay<br />

You will be entitled to occupational sick pay based on your pro-rated salary. If you<br />

are absent for a prolonged period, the normal 65 days’ paid sickness will be pro-rated<br />

to take account of your working pattern to determine when your salary will be<br />

reduced to half or nil pay, as follows:<br />

Days worked/5 x 65 = sickness days paid at full salary in any 15 month rolling period<br />

Pension<br />

If you are a member of the money purchase pension plan, your contributions will be<br />

based on your pro-rated salary.<br />

Who is covered by this policy?<br />

This policy covers all employees.<br />

Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Part Time Working Policy as at April 2010.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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15 Whistleblowing<br />

Whistleblowing Policy<br />

Background<br />

Whistleblowing can occur when an employee raises a concern about dangerous,<br />

unlawful or illegal activity that they are aware of through their work.<br />

Whistleblowing is relevant to all organisations and all people. This is because every<br />

business and every public body faces the risk of things going wrong internally.<br />

Where such a risk arises, usually the first people to realise or suspect the wrongdoing<br />

will be those who work in or with the organisation.<br />

We have a positive commitment and open approach to whistleblowing. Our policy<br />

and procedure is intended to be in line with the Public Interest Disclosure Act 1998<br />

(PIDA). This provides protection for good faith whistleblowing on wrongdoing. Our<br />

policy encourages you to raise concerns with us in the first instance.<br />

Everyone at some point in their career may be concerned about issues they see or<br />

hear during the course of their work. Usually these concerns are easily resolved and<br />

we have a number of other <strong>Employee</strong> <strong>Handbook</strong> procedures to deal with them.<br />

However, those procedures may not appear to be appropriate where:<br />

• there is no other relevant procedure; or<br />

• you have genuine concerns about using a particular procedure at either the outset<br />

or the end of the process; and<br />

• your concern is about conduct likely to harm the reputation of the <strong>FSA</strong>.<br />

It can be difficult to know what to do. You may be worried about raising such issues<br />

or may want to keep the concerns to yourself, perhaps feeling it is not any of your<br />

business or that it is only a suspicion. You may feel that raising the matter would be<br />

disloyal to colleagues, managers or to the <strong>FSA</strong>.<br />

However, we have introduced this policy to enable employees to raise genuine<br />

concerns about such matters at an early stage and in the right way. We would rather<br />

you raised the matter when it is a real concern, rather than wait for proof.<br />

This policy and procedure does not form part of your Contract of Employment.<br />

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What does this policy cover?<br />

• Who and what is covered by our Whistleblowing Policy;<br />

• Which procedure to use;<br />

• Anonymous disclosures;<br />

• Other wrongdoing;<br />

• Independent advice;<br />

• How to raise a concern;<br />

• What happens during an investigation;<br />

• Roles and responsibilities;<br />

• Protection;<br />

• What happens if you may be implicated;<br />

• Confidentiality;<br />

• What happens after an investigation; and<br />

• Where you can get further information.<br />

Who does this Whistleblowing Policy apply to?<br />

Our policy applies to all permanent and short-term employees of the <strong>FSA</strong>. It also<br />

applies to secondees, external consultants, contractors and agency employees while<br />

they are at the <strong>FSA</strong>. You are not required to have worked at the <strong>FSA</strong> for a minimum<br />

amount of time before you can use this policy: you can use the procedure even if you<br />

are new.<br />

What is covered by our Whistleblowing Policy?<br />

Disclosing a concern which, in your honest, reasonable belief, suggests<br />

that wrongdoing has been committed, is being committed or is likely to be<br />

committed, could qualify for protection under PIDA. Wrongdoing includes<br />

(but is not limited to):<br />

• failure to comply with a legal duty;<br />

• miscarriages of justice;<br />

• criminal offences;<br />

• endangering the health and safety of any person;<br />

• offering or accepting bribes under the Bribery Act 2010;<br />

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• damage to the environment; and<br />

• deliberate concealment of any of the above.<br />

Our policy additionally covers any conduct not included above which appears likely<br />

to harm the reputation of the <strong>FSA</strong>. In these circumstances, we undertake to provide<br />

the same protection as set out in the section, “What sort of response can I expect<br />

from the <strong>FSA</strong>?”. However, you would not necessarily be protected by PIDA and you<br />

may want to take separate advice on that, for example by contacting Public Concern<br />

at Work (see the section, “Where can I get independent advice?”) .<br />

Which procedure should I use?<br />

There are existing <strong>Employee</strong> <strong>Handbook</strong> policies and procedures designed to resolve<br />

many kinds of concerns. The procedures to be followed in raising and dealing with<br />

such issues under these policies are set out in the relevant entry in the <strong>Employee</strong><br />

<strong>Handbook</strong>:<br />

• Grievance Procedure;<br />

• Equality of Opportunity and Dignity at Work policies;<br />

• Disciplinary Procedure;<br />

• Performance Management Procedure;<br />

• Health and Safety Policy;<br />

• Security Policy; and<br />

• complaints against the <strong>FSA</strong><br />

These policies and procedures aim to encourage anyone with a genuine concern to<br />

raise it by giving the opportunity, where required, to make the complaint to someone<br />

who has no direct involvement with the issue. You can raise such concerns with the<br />

relevant <strong>FSA</strong> contact (e.g. Health & Safety Adviser). In addition, although these<br />

procedures are not generally covered by the same legal protection provided by PIDA,<br />

the <strong>FSA</strong> will not take action against anyone who raises a complaint under these<br />

policies in good faith because they did so.<br />

If one of the above procedures is relevant, you should use that process unless you<br />

have genuine concerns, at either the outset or the end of the procedure, about<br />

following the relevant <strong>Employee</strong> <strong>Handbook</strong> process. In that event, you may use the<br />

Whistleblowing Policy and Procedure.<br />

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This is not an appeal mechanism for other procedures, unless – exceptionally – you<br />

think the process of another procedure you have been through was compromised.<br />

Not sure if it's whistleblowing?<br />

Appendix 1 shows some examples of situations in which employees might blow the<br />

whistle and the procedure to use.<br />

What if I don't want to reveal my identity?<br />

If you disclose your identity, it will be easier for us to:<br />

• look into the matter;<br />

• protect your position; and<br />

• give you feedback.<br />

We very much hope that the assurances we give in this policy will encourage you to<br />

disclose your identity to those here who need to know. However, if you wish to raise<br />

an issue anonymously, we will, of course, consider it.<br />

Where can I get independent advice?<br />

If you feel you need independent advice at any stage of the process, you may contact<br />

the independent charity – Public Concern at Work<br />

(http://www.pcaw.co.uk/index.htm) on 0207 404 6609, or email<br />

helpline@pcaw.co.uk. Public Concern gives free and confidential advice on<br />

whistleblowing matters, but remember not to disclose any confidential information<br />

the <strong>FSA</strong> has received.<br />

How do I go about raising a concern?<br />

The table below highlights the options you have to raise concerns:<br />

Route Who to raise<br />

your concern<br />

with<br />

Option 1 Your line<br />

manager<br />

Option 2 Director of<br />

Internal Audit<br />

What happens<br />

next?<br />

Referred to<br />

Director of<br />

Internal Audit to<br />

investigate.<br />

See –section,<br />

“What takes<br />

place during an<br />

investigation?”<br />

Actions that<br />

will be taken<br />

If the<br />

investigation<br />

uncovers any<br />

wrong-doing,<br />

sanctions will<br />

be decided at<br />

this stage<br />

Examples<br />

of when to<br />

use options<br />

See<br />

Appendix 1,<br />

e.g. 3 & 4<br />

As above As above If the<br />

concern<br />

involved<br />

your line<br />

Roles &<br />

Responsibilities<br />

See section,<br />

“Responsibilities”<br />

As above<br />

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Option 3 Chair of the<br />

Audit<br />

Committee of<br />

the Board or<br />

Chairman of the<br />

<strong>FSA</strong><br />

Option 4 Director<br />

General of<br />

<strong>Financial</strong><br />

<strong>Services</strong> at HM<br />

Treasury<br />

manager,<br />

HoD or<br />

Director.<br />

See<br />

Appendix 1,<br />

e.g. 1, 2, 3<br />

& 4<br />

As above As above See<br />

Appendix 1,<br />

e.g. 5<br />

As above As above See<br />

Appendix 1,<br />

e.g. 6<br />

Option 5 Relevant body As above As above See<br />

Appendix 1,<br />

e.g. 7<br />

For further detail on these options see below:<br />

Option One: Line Manager<br />

As above<br />

As above<br />

As above<br />

Telling your immediate manager. This can be done either face-to-face or in writing.<br />

We encourage you to raise your concerns in writing where possible, setting out the<br />

background and history of your concerns (giving names, dates and places where<br />

possible) and indicating the reasons for your concerns. Please make it clear that<br />

you are raising your concern as part of our Whistleblowing Policy. The matter will<br />

then be referred to the Director of Internal Audit Division<br />

(see section, “What take place during an investigation?”).<br />

Option Two: Director of Internal Audit<br />

If the concern involves your immediate manager, Head of Department or Director,<br />

or for any reason you would prefer not to tell them, you may raise the matter<br />

directly with the Director of Internal Audit Division in writing or face-to-face or to<br />

internal.whistle@fsa.gov.uk. In their absence, you can contact one of the Head of<br />

Department or managers in Internal Audit Division.<br />

Option Three: Chair of the <strong>FSA</strong> or Chair of the Audit Committee<br />

If you believe that your concern should be raised at a non-executive level, perhaps<br />

because it affects the <strong>FSA</strong> as a whole or you consider that the matter could seriously<br />

compromise the <strong>FSA</strong>’s reputation, you can raise the matter confidentially with the<br />

Chair of the Audit Committee of the Board, currently Brian Pomeroy, or with the<br />

Chairman of the <strong>FSA</strong>, Lord Adair Turner. You can write to Brian care of the<br />

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Company Secretariat of the <strong>FSA</strong>. You can contact Lord Adair Turner by email or<br />

extension 63000.<br />

Option Four: Director of <strong>Financial</strong> <strong>Services</strong> at HM Treasury<br />

• If you have disclosed your issue internally and you are concerned either by the<br />

response or lack of response, or<br />

• you feel unable to talk to anyone internally for whatever reason, and<br />

• the concern falls within the description given in the section, “Who is covered by<br />

our Whistleblowing Policy?”;<br />

• you can contact the nominated Treasury official, who is:<br />

Director General of <strong>Financial</strong> <strong>Services</strong>,<br />

HM Treasury,<br />

1 Horse Guards Road,<br />

London SW1A 2HQ<br />

Tel: 0207 270 4448<br />

PIDA protects you if you contact the Treasury in circumstances where you satisfy<br />

the test for speaking to the <strong>FSA</strong>. The Treasury will investigate in whatever way it<br />

considers appropriate, but is likely to contact the <strong>FSA</strong>, normally the Director of<br />

Internal Audit Division, to discuss the disclosure. For the avoidance of doubt, the<br />

Treasury cannot investigate whistleblowing made against <strong>FSA</strong> regulated firms: in<br />

these circumstances, please email whistle@fsa.gov.uk<br />

or telephone 020 7066 9200.<br />

Option Five: Other Relevant Bodies<br />

If your disclosure is within the list of wrongdoings above and comes under the<br />

responsibility of another public body prescribed for the purpose under PIDA, you can<br />

contact the relevant body. A list of these bodies, the matters for which they have been<br />

prescribed under PIDA and the relevant test can all be found under Whistleblowing.<br />

What takes place during an investigation?<br />

To consider your disclosure fully it is likely that one or more fact-finding meeting<br />

will take place. If we need you to attend these meetings you may be permitted to be<br />

accompanied by:<br />

• a fellow employee of your choice who may be a friend or colleague;<br />

• a Staff Consultative Committee representative; or<br />

• a full-time officer employed by a trade union.<br />

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You will be able to confer with your companion during the course of the meeting and<br />

they may address the meeting but may not answer questions on your behalf.<br />

Those under investigation may also be accompanied by a fellow employee of their<br />

choice who may be a friend or colleague, a Staff Consultative Committee<br />

representative or a full-time officer employed by a trade union. We will not ask you<br />

to attend a meeting where those under investigation are also present.<br />

Please note that members of HR and Internal Audit cannot accompany you or those<br />

under investigation to any meetings.<br />

The Director of Internal Audit Division may be accompanied by any member of <strong>FSA</strong><br />

employees to help with the investigation.<br />

The Director of Internal Audit Division will conduct a full investigation to establish<br />

whether wrongdoing has occurred. The format of the investigation may vary<br />

depending upon the circumstances. With the agreement of the whistleblower, he/she<br />

may delegate the investigation to one of the Managers in Internal Audit Division or<br />

to another appropriate person.<br />

Please note that a similar process to investigate will be used for all other options.<br />

Responsibilities<br />

<strong>Employee</strong>s and others working at the <strong>FSA</strong><br />

• to be aware of this policy and procedures;<br />

• when making any disclosure, tell us if you have a direct personal interest in<br />

the matter.<br />

Managers must:<br />

• make their employees aware of this policy and procedures;<br />

• encourage a positive open working culture for staff and others working at the<br />

<strong>FSA</strong> to express easily their concerns;<br />

• take concerns seriously;<br />

• guide staff to the most appropriate route; and<br />

• refer concerns raised under this Whistleblowing Policy to the Director of Internal<br />

Audit within five working days.<br />

Director of Internal Audit Division must:<br />

• acknowledge the whistleblower’s disclosure;<br />

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• indicate to the whistleblower how she proposes to investigate the disclosure,<br />

where appropriate, and the likely timescales;<br />

• where appropriate keep the whistleblower regularly informed of progress;<br />

• take concerns seriously, considering them fully and fairly;<br />

• resolve issues as promptly as possible;<br />

• support the Director General of <strong>Financial</strong> <strong>Services</strong>, Chairman of the <strong>FSA</strong>, or<br />

Chair of the Audit Committee in matters that have been raised with those<br />

individuals directly;<br />

• to the appropriate extent communicate the findings to you, the individual(s) under<br />

investigation and, if appropriate, members of <strong>FSA</strong> management or other external<br />

authorities;<br />

• keep a confidential log to assess effectiveness of policy and any emerging trends;<br />

• provide periodic anonymised reports on disclosures to Executive Management for<br />

inclusion in his report to the Board; and<br />

• provide periodic anonymised reports on disclosures raising ethical issues to the<br />

Audit Committee.<br />

The Role of Staff Consultative Committee (SCC) employees is to:<br />

• advise employees how and with whom to raise concerns when they arise; and<br />

• provide support to employees at any stage of the process.<br />

The role of the <strong>FSA</strong>’s Chairman and the Chair of AuditCo:<br />

• acknowledge the whistleblower’s disclosure;<br />

• indicate to the whistleblower how they propose to investigate the disclosure,<br />

where appropriate and the likely timescales;<br />

• where appropriate keep the whistleblower regularly informed of progress;<br />

• take concerns seriously, considering them fully and fairly;<br />

• resolve issues as promptly as possible;<br />

• liaise with the Director of Internal Audit in investigating the matter; and<br />

• to the appropriate extent communicate the findings to you, the individual(s) under<br />

investigation and if appropriate, members of <strong>FSA</strong> management or other external<br />

authorities.<br />

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The role of the Director of <strong>Financial</strong> <strong>Services</strong> at HM Treasury:<br />

• acknowledge the whistleblower’s disclosure;<br />

• indicate to the whistleblower how he proposes to investigate the disclosure,<br />

where appropriate and the likely timescales;<br />

• where appropriate keep the whistleblower regularly informed of progress;<br />

• take concerns seriously, considering them fully and fairly;<br />

• resolve issues as promptly as possible;<br />

• liaise with the Director of Internal Audit, Chairman of the <strong>FSA</strong>, or Chair of the<br />

Audit Committee in matters that have been raised with him directly; and<br />

• to the appropriate extent communicate the findings to you, the individual(s) under<br />

investigation and, if appropriate, members of <strong>FSA</strong> management or other external<br />

authorities.<br />

What sort of a response can I expect from the <strong>FSA</strong>?<br />

Regardless of which <strong>Employee</strong> <strong>Handbook</strong> procedure you use:<br />

• First and foremost, if you tell us in good faith about a concern about;<br />

wrongdoing, you will be treated fairly and justly by the <strong>FSA</strong> and we will take<br />

any matter seriously.<br />

• We will take all reasonable steps to ensure that no person under our control<br />

victimises or retaliates against you.<br />

• If you disclose to us in good faith, we undertake that you will not lose your job<br />

because you did so.<br />

What happens if I am implicated?<br />

If you blow the whistle and actively cooperate with an investigation in which you<br />

may be implicated in any wrongdoing, you are likely to receive a lighter sanction<br />

than might otherwise have been the case (unless the misconduct is so serious that no<br />

amount of cooperation or other mitigating conduct can justify a decision not to bring<br />

any action).<br />

Confidentiality<br />

In raising a concern about wrongdoing (unless you have specifically requested<br />

anonymity), you may assume that only those <strong>FSA</strong> employees investigating it will<br />

know your identity. We will not reveal your identity outside this group except:<br />

• where we are legally obliged to do so;<br />

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• where that information is already in the public domain;<br />

• on a strictly confidential basis to a professionally qualified lawyer or accountant<br />

when getting advice; or<br />

• to the police or as otherwise required under anti-money-laundering requirements;<br />

• If there are any other circumstances in which we are required to reveal your<br />

identity outside those identified above, we will discuss this with you first.<br />

Under no circumstances will we reveal your identity outside this list without<br />

your knowledge.<br />

What happens after the investigation?<br />

The Director of Internal Audit Division will ensure, to the appropriate extent, that the<br />

findings of the investigation are communicated to:<br />

• you, as the person raising the wrongdoing concern;<br />

• the individual(s) under investigation; and if appropriate;<br />

• members of <strong>FSA</strong> management or other external authorities who may need to<br />

consider whether action should be taken on the basis of the findings;<br />

• The records will be destroyed after seven years, unless a longer period is<br />

considered by the <strong>FSA</strong> to be appropriate.<br />

Where can I obtain further information?<br />

If you would like further information the following websites may be of interest<br />

to you:<br />

Whistleblowing<br />

www.pcaw.co.uk<br />

Alternatively, contact Stephanie Morton, <strong>Employee</strong> Relations Manager, Human<br />

Resources Division.<br />

Appendix 1<br />

Situations in which employees may blow the whistle:<br />

Example one<br />

You are working in an area which regularly engages outside contractors. You have<br />

noticed how the one which has been named <strong>FSA</strong>’s preferred supplier does not deliver<br />

on time or to budget. Your Head of Department, who is very friendly with one of<br />

the employees in the contracting firm, doesn't appear to share your concerns, but is<br />

quick to make excuses for them. Senior management seem to have accepted these<br />

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explanations and don't seem to be concerned. You suspect your Head of Department<br />

may be receiving inducements. What should you do?<br />

Report the suspicion to the Director of Internal Audit Division. (Option 2)<br />

Example two<br />

You are in the gym and you notice that everyone using a piece of equipment is now<br />

complaining of back trouble. You see that one part of it is loose, but, despite<br />

reporting it to the manager of the gym, nothing has happened. What should you do?<br />

Report the incident immediately to your manager (Option 1). If the concern involves<br />

your immediate manager, Head of Department or Director, or for any reason you<br />

would prefer them not to be told, raise the matter directly with the Director of<br />

Internal Audit Division (Option 2).<br />

Example three<br />

A former colleague, who supervised XYZ firm, starts work in the XYZ compliance<br />

department. You inherit his work and note there are no records of his visits to the<br />

firm. What should you do?<br />

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Report the incident immediately to your manager (Option 1). If the concern involves<br />

your immediate manager, Head of Department or Director, or for any reason you<br />

would prefer them not to be told, raise the matter directly with the Director of<br />

Internal Audit Division (Option 2).<br />

Example four<br />

You work for Harbour & Jones in the employee's restaurant, on the classic counter<br />

and over the past few weeks you notice a member of <strong>FSA</strong> staff who doesn’t seem to<br />

be paying for their food. You put this down to your error or their genuine mistake.<br />

However, recently you notice the same person doing this on a daily basis. You are<br />

not sure what to do and you are worried because you did not report it the first time.<br />

What should you do?<br />

Report the incident immediately to your manager or the Head of Operations <strong>Services</strong><br />

(Option 1). If the concern involves your immediate manager, Head of Department or<br />

Director, or for any reason you would prefer them not to be told, raise the matter<br />

directly with the Director of Internal Audit Division (Option 2).<br />

Example five<br />

You have a concern that could impact on the <strong>FSA</strong>'s reputation, but do not want to<br />

raise it with the Director of Internal Audit as you believe they are compromised in<br />

some way. What should you do?<br />

Report the incident directly to the Chair of the Audit Committee of the Board or with<br />

the Chairman of the <strong>FSA</strong> (Option 3).<br />

Example six<br />

You raised a concern under the <strong>FSA</strong>'s Whistleblowing Policy, but you do not feel<br />

confident that the matter was dealt with appropriately by the <strong>FSA</strong>. What do you do?<br />

Refer the matter to the Director of <strong>Financial</strong> <strong>Services</strong> at HM Treasury (Option 4).<br />

Example seven<br />

You wish to raise a concern that comes under the responsibility of another public<br />

body. What do you do? Refer the matter to the relevant body (Option 5).<br />

Contractual information (start)<br />

Indemnity and Notification Requirements<br />

The <strong>FSA</strong> will indemnify you (its employees and anyone who is seconded to the <strong>FSA</strong><br />

or is otherwise acting as a member of its employees) against liability you incur in<br />

connection with claims or proceedings brought against you in relation to anything<br />

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done or not done when working for the <strong>FSA</strong>. This applies whether proceedings are<br />

brought in the UK or overseas. The indemnity will cover any liabilities incurred in<br />

connection with such claims or proceedings, including any costs reasonably incurred<br />

in defending them, whether or not judgement is given in favour of the employee<br />

concerned. If you are seconded or assigned while employed by the <strong>FSA</strong>, it will,<br />

wherever appropriate, as a pre-condition of any secondment, either:<br />

• expressly confirm in writing that it will continue to indemnify you in line with the<br />

terms of this contract throughout the course of the secondment; or<br />

• ensure that the organisation you are seconded or assigned to gives you an<br />

equivalent indemnity<br />

• The indemnity will not extend to any liability incurred where your acts or<br />

omissions are:<br />

• clearly done or omitted to be done in bad faith; or<br />

• are clearly outside or inconsistent with the scope of your responsibilities under<br />

your Contract of Employment with the <strong>FSA</strong>.<br />

• The indemnity is conditional with all of the following requirements. If you fail to<br />

comply with them, this could invalidate or otherwise affect the indemnity. The<br />

conditions are that you should:<br />

• inform your manager within <strong>FSA</strong> and the <strong>FSA</strong> Company Secretary as soon as<br />

you become aware of the possibility of a claim against you or the <strong>FSA</strong>;<br />

• avoid any discussion of the matter with the potential claimant, but if this is<br />

impossible, keep a written note of the conversation;<br />

• under no circumstances admit liability for yourself or the <strong>FSA</strong>;<br />

• not try to settle or compromise or reduce the potential claim;<br />

• not seek outside legal advice except with the authority of the <strong>FSA</strong> General<br />

Counsel or Company Secretary; and<br />

• inform your management within <strong>FSA</strong> and <strong>FSA</strong> Company Secretary of any<br />

discovery of suspicion of fraud or dishonesty by a past or present employee<br />

of the <strong>FSA</strong> or anyone claiming to act on its behalf.<br />

Contractual information (end)<br />

Who is covered by this policy?<br />

This policy covers all employees and others referred to in Option 7 above.<br />

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Ownership, updates and query management<br />

This is the <strong>FSA</strong>'s Whistleblowing Policy as at September 2012.<br />

The policy is owned by the HR Division and has been developed in conjunction with<br />

the Internal Audit Division and Staff Consultative Committee.<br />

The procedure is not contractual and is subject to change at the discretion of the <strong>FSA</strong><br />

– any changes will be published on the intranet.<br />

Any questions on the application of the policy should be directed to the HR Helpline<br />

on extension 67070.<br />

Contractual status of this policy<br />

This policy does not form part of your contract of employment.<br />

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