Dear Colleague Welcome to HSBC Bank - HSBC careers site
Dear Colleague Welcome to HSBC Bank - HSBC careers site
Dear Colleague Welcome to HSBC Bank - HSBC careers site
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<strong>Dear</strong> <strong>Colleague</strong><br />
<strong>Welcome</strong> <strong>to</strong> <strong>HSBC</strong> <strong>Bank</strong> (the “bank”). I would like <strong>to</strong> wish you every success during<br />
your employment, whether you have recently joined the bank or whether you are an<br />
existing employee.<br />
This Employee Handbook (the “Handbook”) applies only <strong>to</strong> employees working for:<br />
• <strong>HSBC</strong> <strong>Bank</strong> plc on the Channel Islands or the Isle of Man (“Offshore<br />
Islands”);<br />
• <strong>HSBC</strong> <strong>Bank</strong> International Limited (“HBIB”) on the Offshore Islands;<br />
• <strong>HSBC</strong> International Financial Advisers (UK) Limited (“HIUL”) whether based<br />
in the UK or the Offshore Islands.<br />
Unless stated otherwise in their secondment documentation, this Handbook does not<br />
apply <strong>to</strong> individuals who are seconded from elsewhere within the <strong>HSBC</strong> Group <strong>to</strong> any<br />
of the above.<br />
The Handbook is designed both <strong>to</strong> introduce you <strong>to</strong> the bank and <strong>to</strong> be of continuing<br />
use during your employment with the bank.<br />
Together with your offer letter, the Handbook sets out the terms and conditions of your<br />
employment, guidance on the high standards of conduct that are expected of you and<br />
some of the main employee benefits which may be available <strong>to</strong> you. The Handbook<br />
also provides you with information on where <strong>to</strong> find the main policies and procedures<br />
that will affect your employment, which, for the most part, are contained in the HR<br />
Procedures Manual which can be found on the bank’s intranet <strong>site</strong>.<br />
The Handbook is therefore an important document and it is essential that you read the<br />
Handbook thoroughly and carefully before accepting an offer of employment with the<br />
bank or, if you are a current employee, as soon as possible after the Handbook is issued.<br />
Unlike previously, paper copies of the Handbook will not be issued. Instead, this<br />
Handbook will only be available via the bank’s intranet or recruitment web<strong>site</strong>. This<br />
will allow the bank <strong>to</strong> keep the Handbook up <strong>to</strong> date and reflects the bank’s policy of<br />
minimising paper products.<br />
General amendments <strong>to</strong> the Handbook will be issued from time <strong>to</strong> time by circular. As<br />
these amendments may revise your contract of employment it is essential that you refer<br />
<strong>to</strong> the Handbook, as set out on the bank’s intranet, and familiarise yourself with these<br />
amendments.<br />
I hope that you will find the information contained in the Handbook both informative<br />
and helpful. If you require clarification or any additional information please refer <strong>to</strong><br />
your line manager.<br />
Julie Harding<br />
Head of Human Resources<br />
<strong>HSBC</strong> <strong>Bank</strong> plc<br />
1
ABOUT THE HANDBOOK<br />
The purpose of the Handbook is <strong>to</strong>:<br />
• set out and clarify the terms and conditions of employment;<br />
• set out and clarify the rules and regulations which you must abide by;<br />
• summarise the benefits you may be entitled <strong>to</strong>; and<br />
• set out some of the main issues which may be of interest <strong>to</strong> you during your<br />
employment,<br />
so that you may know what is expected of you and what you can expect from your<br />
colleagues and the bank.<br />
The Handbook is divided in<strong>to</strong> a number of sections:<br />
Introduction<br />
This section explains the importance of the Handbook and introduces the various<br />
sections of the Handbook and other HR Resources.<br />
Section 1 - Terms and Conditions of Employment<br />
This section, <strong>to</strong>gether with your offer letter (as amended by any subsequent<br />
communications from the bank), solely form the terms and conditions of your<br />
employment. It therefore sets out important information on the rights and obligations<br />
which apply during the course of your employment.<br />
For the avoidance of doubt, references in this Handbook <strong>to</strong> your ‘offer letter’ mean any<br />
letter or document (other than the Handbook) issued <strong>to</strong> you by the bank that is<br />
expressly stated <strong>to</strong> form or constitute part of your terms and conditions of employment<br />
and/or employment contract (and as may have been amended by any subsequent<br />
communications from the bank).<br />
Section 2 – Code of Business Ethics and Responsible Behaviour<br />
The Code of Business Ethics and Responsible Behaviour deals with and provides<br />
guidance on the standards of behaviour that the bank expects of all employees.<br />
Section 3 – Rules and Regulations<br />
This section sets out important information about the standards of conduct which you<br />
must abide by as an employee, and which you should expect from your colleagues.<br />
Section 4 - Benefits<br />
Section 4 of the Handbook outlines some of the benefits which you may have access <strong>to</strong><br />
during your employment and sets out where further information can be obtained in<br />
respect of each benefit.<br />
Section 5 – Your Career with the bank<br />
This section sets out information on training, development and employee representation<br />
and other matters which may be relevant during your career with the bank.<br />
2
Section 6 – Security of Employment<br />
This section outlines how the bank seeks <strong>to</strong> provide security of employment for its<br />
employees and contains information on the Security of Employment Policy currently in<br />
place.<br />
Separate handbooks are issued for employees in other parts of the <strong>HSBC</strong> Group, e.g.<br />
<strong>HSBC</strong> Treasury and Capital Markets, first direct and those employees working in the<br />
UK for <strong>HSBC</strong> <strong>Bank</strong> plc. The parent company of the Group, <strong>HSBC</strong> Holdings plc, also<br />
issues its own handbook for its employees. For the avoidance of doubt, these<br />
handbooks do not apply <strong>to</strong> you.<br />
This Handbook supersedes earlier versions of the employee handbook (or “Let’s Work<br />
Together”) which may be referred <strong>to</strong> in your current offer letter from the bank. All<br />
references in such documents <strong>to</strong> earlier handbooks, including “Let’s Work Together”,<br />
should now be taken <strong>to</strong> refer <strong>to</strong> this Handbook.<br />
About HR Procedures, Policies and other HR Documents<br />
The Human Resources Procedures Manual (the "HR Procedures Manual"), which can<br />
be found on the bank's intranet <strong>site</strong>, contains the bank’s principal HR policies and<br />
procedures. You can navigate through the HR Procedures Manual by using the A-Z<br />
index. At the end of most sections of the HR Procedures Manual, there are "contact<br />
point" tables, so that you know who has the expertise <strong>to</strong> guide you with any specific<br />
issues.<br />
It is important that you take an opportunity within the first few weeks of your<br />
employment with the bank <strong>to</strong> familiarise yourself with the format and contents of the<br />
HR Procedures Manual. The HR Procedures Manual does not form part of your<br />
contract of employment and may be revised from time <strong>to</strong> time.<br />
Other sources of information are specific <strong>to</strong> certain situations, such as the ‘Maternity<br />
Guide’ or the ‘Business Instruction Manual – Compliance’ and are referred <strong>to</strong> either on<br />
the bank’s intranet or in the HR Procedures Manual.<br />
Where a matter is referred <strong>to</strong> in the Handbook and further information is contained in<br />
the HR Procedures Manual or other documents, directions <strong>to</strong> the appropriate document<br />
will normally be provided. Please note, however, that any documents referred <strong>to</strong> in this<br />
Handbook do not form part of your contract of employment (unless otherwise expressly<br />
stated) and are not incorporated in<strong>to</strong> your contract of employment by reference.<br />
What is the difference between a policy and a procedure<br />
Most of the sources of information are referred <strong>to</strong> as ‘policies’ and/or ‘procedures’. A<br />
policy usually describes the bank’s approach <strong>to</strong> a certain issue. A procedure usually<br />
describes the process which the bank will follow in respect of a particular issue. Some<br />
subjects will have both a policy and a procedure, in other subjects the policy may form<br />
part of the procedure.<br />
Regardless of whether information on a particular subject is called a ‘policy’, a<br />
‘procedure’ or both, the key fac<strong>to</strong>r is that they set out guidance on how you should act<br />
and how the bank will act <strong>to</strong>wards you.<br />
3
1. TERMS AND CONDITIONS<br />
This section of the Handbook, <strong>to</strong>gether with your offer letter (as amended by<br />
subsequent communications from the bank), form your terms and conditions of<br />
employment. In addition, they set out the details which the bank, as your employer, is<br />
required <strong>to</strong> give you under section 1 of the Employment Rights Act 1996 (for UK based<br />
employees), section 3 of the Employment (Jersey) Law 2003 (for Jersey based<br />
employees), the Conditions of Employment (Guernsey) Law 1985 (for Guernsey based<br />
employees) or the Employment Act 1991 and/or the Employment Act 2006 as amended<br />
(for employees based in the Isle of Man).<br />
For the avoidance of doubt, references in this Handbook <strong>to</strong> your ‘offer letter’ mean any<br />
letter or document (other than the Handbook) issued <strong>to</strong> you by the bank that is<br />
expressly stated <strong>to</strong> form or constitute part of your terms and conditions of employment<br />
and/or employment contract (and as may have been amended by any subsequent<br />
communications from the bank).<br />
1.1 Job Title<br />
Your current job title is as stated in your offer letter or subsequent communication from<br />
the bank, and may be amended periodically by notice <strong>to</strong> you in writing or by circular.<br />
1.2 Duties<br />
Your duties are as set out in your job description or as detailed <strong>to</strong> you by your line<br />
manager. However, you will need <strong>to</strong> take a flexible approach <strong>to</strong> your duties and in<br />
particular from time <strong>to</strong> time, you may be required <strong>to</strong> undertake such alternative or<br />
additional duties as may be commensurate with your grade. On occasions for training<br />
purposes or operational reasons, you may also be required <strong>to</strong> carry out duties at a higher<br />
or lower grade as necessary.<br />
Deputising in other grade duties is a developmental opportunity and a contribution <strong>to</strong><br />
overall teamwork and cus<strong>to</strong>mer service. When an employee deputises in a higher<br />
graded job, a payment may be made, by prior agreement and in accordance with the<br />
bank's rules as they may exist at the time.<br />
1.3 Grade<br />
All positions within the bank are given a grade or Global Career Band (GCB) allocated<br />
<strong>to</strong> a particular job by a process of job evaluation, which assesses and ranks jobs<br />
according <strong>to</strong> content.<br />
Grades for non-managerial employees are known as clerical grades and are prefixed by<br />
the letter S, followed by ‘0’ ‘B’ 'C' 'D' W' ‘K’ ‘J’ ‘L’ or ‘F’ which denotes the level of<br />
flexibility in your working hours.<br />
Your grade is initially stated in your offer letter and any changes will be notified <strong>to</strong> you<br />
in writing or by circular. In addition, set out below is a table of changes <strong>to</strong> grade names,<br />
which have taken place over the past few years.<br />
4
Clerical employees<br />
Previous<br />
Grade<br />
S03-5<br />
New<br />
Grade<br />
No<br />
change<br />
Business Area<br />
<strong>Bank</strong> wide<br />
B03-5 SB3-5 Branch Network<br />
Comments<br />
Individuals employed before the<br />
introduction of flexible contracts in their<br />
business area.<br />
New entrants after the introduction of<br />
flexible contracts.<br />
C91-92 SC3-5 Operations/Headquarters Individuals who accepted flexible terms.<br />
S91-92 SF3-5 Operations/Headquarters<br />
New entrants after the introduction of<br />
flexible contracts.<br />
Global Career Bands (GCB) for management employees and employees who work in<br />
regulated (known as ‘Salesforce’) positions are set out in the table below.<br />
Unlike clerical grades Global Career Bands (GCB) do not distinguish contracual terms<br />
and conditions. A seperate "contract type" code will be used <strong>to</strong> determine contractual<br />
terms and conditions as listed below.<br />
Your pay arrangements and eligibility for certain benefits will vary according <strong>to</strong> your<br />
grade, business area and your location. Any "red-circled" arrangements that may have<br />
previously applied <strong>to</strong> your terms and conditions or benefits whilst employed in a<br />
clerical grade shall normally end on your promotion <strong>to</strong> a management grade.<br />
Management employees<br />
Old<br />
Contract<br />
type<br />
GCB<br />
New<br />
Contract<br />
type<br />
Contract type/description<br />
M93 6 TA6 Individuals employed before the introduction of<br />
flexible contracts in their business area<br />
M94 5 TA5 Individuals employed before the introduction of<br />
flexible contracts in their business area<br />
M95 4 TA4 Individuals employed before the introduction of<br />
flexible contracts in their business area<br />
M96 3 TA3 Individuals employed before the introduction of<br />
flexible contracts in their business area<br />
M97 2 TA2 Individuals employed before the introduction of<br />
flexible contracts in their business area<br />
M98 1 TA1 Individuals employed before the introduction of<br />
flexible contracts in their business area<br />
5
M99 0 TA0 Individuals employed before the introduction of<br />
flexible contracts in their business area<br />
MB3 6 TB6 Branch Network - new entrants after the<br />
introduction of flexible contracts<br />
MB4 5 TB5 Branch Network - new entrants after the<br />
introduction of flexible contracts<br />
MB5 4 TB4 Branch Network - new entrants after the<br />
introduction of flexible contracts<br />
MD3 6 TD6 Mil<strong>to</strong>n Keynes Branch - new entrants after the<br />
introduction of flexible contracts<br />
EOO 6 ET6 Management trainee<br />
Offshore<br />
Old<br />
Contract<br />
type<br />
GCB<br />
New<br />
Contract<br />
type<br />
Contract type/description<br />
G93 6 OA6 Offshore International Wealth Management<br />
contract<br />
G94 5 OA5 Offshore International Wealth Management<br />
contract<br />
G95 4 OA4 Offshore International Wealth Management<br />
contract<br />
G96 4 OB4 Offshore International Wealth Management<br />
contract<br />
1.4 Pay<br />
1.4.1 Payments <strong>to</strong> you<br />
Your pay comprises a basic salary and any entitlement <strong>to</strong> other allowances as stated in<br />
your offer letter or other communication from the bank. Any changes will be notified<br />
<strong>to</strong> you in writing or by circular. Your basic salary is pensionable and any allowances<br />
are non-pensionable, unless otherwise stated.<br />
Payment will be made in<strong>to</strong> an account in your name with the bank, in 12 equal monthly<br />
instalments on or around the 20 th of each month. This means that you will be paid in<br />
arrears for work done up <strong>to</strong> the 20 th of each month and in advance for working from the<br />
20 th <strong>to</strong> the end of the month. However, depending on the date in the month you join the<br />
bank, the payment period and/or date of your first salary payment may vary. Further<br />
6
details on this are set out in the HR Procedures Manual, which is available through the<br />
bank’s intranet.<br />
Salary and, where applicable, any allowances, accrue in respect of each hour or part<br />
thereof, which you work.<br />
Payment is subject in all cases <strong>to</strong> statu<strong>to</strong>ry deductions of income tax and such social<br />
security contributions, social insurance contributions or employee national insurance<br />
contributions as are applicable and any other deductions which the bank may be obliged<br />
<strong>to</strong> make. You will receive a monthly pay statement detailing gross pay and deductions.<br />
1.4.2 <strong>Bank</strong> Account<br />
It is a requirement of your employment that you maintain an account with the bank in<strong>to</strong><br />
which your salary will be paid.<br />
If a new <strong>HSBC</strong> account is being opened for this purpose, for new entrants working<br />
within centralised <strong>site</strong>s and the bank’s Headquarters this account will usually be<br />
domiciled within the National Sort Code (40-01-00). For new entrants working within<br />
the branch network, the account will usually be held at the branch where you are <strong>to</strong><br />
work initially.<br />
1.4.3 Salary for Clerical Grades<br />
The bank reviews its current levels of pay each year and where appropriate seeks <strong>to</strong><br />
agree through negotiation any changes with Unite.<br />
Any changes <strong>to</strong> your basic salary will be notified <strong>to</strong> you by letter, circular or in your<br />
monthly pay statement. In addition current pay bands applicable <strong>to</strong> your grade and/or<br />
area of work are set out in the Pay Matrices section on the Offshore intranet <strong>site</strong>.<br />
1.4.4 Salary for Management and Salesforce Grades/Bands<br />
The bank reviews its current levels of pay each year. Any changes <strong>to</strong> your basic salary<br />
will be notified <strong>to</strong> you by letter, circular or in your monthly pay statement. Current<br />
minimum salary levels applicable <strong>to</strong> management grade employees up <strong>to</strong> and including<br />
band GCB4, and minimum and target salaries for Salesforce grade employees are set<br />
out in the Rates – Salaries and Allowances section of the HR Procedures Manual which<br />
is available on the bank’s intranet.<br />
1.4.5 Incentive Schemes<br />
The bank currently operates performance related discretionary incentive schemes<br />
designed <strong>to</strong> reward employees according <strong>to</strong> their efforts and the achievements of the<br />
bank. The existence of and rules of the schemes are entirely discretionary and operate<br />
in accordance with non-contractual rules, which may be in place from time <strong>to</strong> time.<br />
Further information is detailed on the bank’s intranet or in the HR Procedures Manual.<br />
Separate incentive schemes apply <strong>to</strong> members of the regulated Salesforce and <strong>to</strong> Senior<br />
Managers. The existence of and rules of such schemes are also entirely discretionary<br />
and operate in accordance with non-contractual rules, which may be in place from time<br />
<strong>to</strong> time. Further details of such schemes will be communicated directly <strong>to</strong> such<br />
7
employees or will be set out on the bank’s intranet or in the HR Procedures Manual<br />
from time <strong>to</strong> time.<br />
1.4.6 Allowances<br />
You may be eligible for certain non–contractual allowances, as are applicable at the<br />
time. Your offer letter or subsequent communications from the bank will specify the<br />
type and level of any allowance <strong>to</strong> which you may be entitled. Any subsequent<br />
withdrawal or variation will be notified <strong>to</strong> you in writing or by circular. Further<br />
information is provided in the HR Procedures Manual (Allowances), which is available<br />
on the bank’s intranet.<br />
1.4.7 Overtime and Additional Hours<br />
Where you are required <strong>to</strong> work beyond your normal hours, payment will be made <strong>to</strong><br />
clerical grade employees, in respect of any such hours, in accordance with the bank's<br />
rules on authorisation, eligibility and rates of pay. Overtime payments are nonpensionable<br />
and are not used in the calculation of any other benefits which are reliant<br />
on hours worked.<br />
Key time employees in clerical grades will not be eligible for overtime payments until<br />
they work more than 7 hours in one day or 35 hours in one week. Any hours worked by<br />
key time employees in clerical grades above their normal hours, but below the limits for<br />
overtime payments, will count as additional contractual hours (“Additional Hours”).<br />
Additional Hours are pensionable and will also be used in the calculation of any<br />
incentive payments, where any such payment is calculated on number of hours worked.<br />
No overtime payments will be made <strong>to</strong> management grade employees who work in<br />
excess of 35 hours in one week. In exceptional circumstances key time employees who<br />
are in a management grade, may be permitted <strong>to</strong> work Additional Hours, for which they<br />
will be remunerated as set out above in respect of clerical grade employees.<br />
Further details are set out in the HR Procedures Manual (Overtime) which is available<br />
on the bank’s intranet.<br />
1.4.8 Public and <strong>Bank</strong> Holidays<br />
Some employees receive payment in respect of public and bank holiday working in<br />
accordance with the bank's policies and procedures on authorisation, eligibility and<br />
rates of pay. For further information please refer <strong>to</strong> the HR Procedures Manual (Public<br />
and <strong>Bank</strong> Holiday Working) which is available on the bank’s intranet.<br />
1.4.9 Incorrect Pay and Deductions from Pay<br />
There may be an occasion when through error or omission you receive less than your<br />
contractual pay and/or allowances. Should such an unfortunate circumstance arise the<br />
bank will rectify the situation and any contractual pay and/or allowances not paid <strong>to</strong><br />
you will be paid on the first opportune pay-day following notification or identification<br />
of the omission or error. Conversely, if any error or omission results in any<br />
overpayment of pay and/or allowances being made <strong>to</strong> you it is accepted that the bank<br />
reserves the right <strong>to</strong> deduct any such overpayment(s) from salary on the first opportune<br />
pay-day following identification or notification. The bank will take in<strong>to</strong> account<br />
individual circumstances and try <strong>to</strong> achieve a jointly agreed repayment schedule.<br />
8
In the event that the overpayment is made in respect of your final salary payment (or<br />
other payment due on termination of employment), or if you are under a repayment<br />
schedule and your employment terminates, the bank reserves the right <strong>to</strong> request that<br />
you repay such sums owed, on demand.<br />
If your employment ends and the number of days holiday entitlement you have taken<br />
exceeds your pro-rata entitlement for the holiday year, an appropriate deduction will be<br />
made from your final pay or if this is not possible the bank reserves the right <strong>to</strong> request<br />
that you repay such sum on demand. The bank will give you an opportunity <strong>to</strong> discuss<br />
the proposed repayment, and the bank will take in<strong>to</strong> account your personal<br />
circumstances prior <strong>to</strong> determining a repayment schedule.<br />
If the holiday entitlement you have taken is less than your pro-rata entitlement and it is<br />
not operationally practical for the outstanding days <strong>to</strong> be taken during the notice period,<br />
payment in lieu of outstanding holiday entitlement will be made.<br />
Payments or deductions will not be made in respect of any <strong>Bank</strong> or Public holidays<br />
accrued or taken in excess of entitlement.<br />
If you are summarily dismissed or leave the bank without giving due notice, you will<br />
not be entitled <strong>to</strong> any payment for accrued holidays or holiday pay, including (where<br />
relevant) any accumulated lieu days due <strong>to</strong> Saturday or rest day working.<br />
1.4.10 Tax and Other Deductions<br />
1.4.10.1 Tax and National Insurance on Benefits – HIUL employees in the UK only<br />
Each year the bank will issue <strong>to</strong> you a P60 Certificate, which states your <strong>to</strong>tal earnings<br />
and deductions for the tax year ending 5 April.<br />
If you earn at the rate of £8500 or more (set by HM Revenue & Cus<strong>to</strong>ms) in any tax<br />
year including "benefits in kind", you will be liable <strong>to</strong> tax on the financial value of<br />
those benefits. Benefits in kind include items which may be provided <strong>to</strong> you<br />
periodically by the bank such as private health insurance, cars and beneficial rate loans.<br />
If you need <strong>to</strong> communicate with HM Revenue and Cus<strong>to</strong>ms, quote your tax reference<br />
and NI number, both of which are given on your pay statement. Address any queries <strong>to</strong>:<br />
HM Revenue and Cus<strong>to</strong>ms<br />
West Yorkshire and Craven Area<br />
Centenary Court<br />
1 St Blaise Way<br />
Bradford<br />
West Yorkshire<br />
BD1 4YL<br />
Telephone : 0845 302 1432<br />
9
1.4.10.2 Tax and Social Security in Jersey<br />
Social Security will be deducted from your pay each month and paid directly <strong>to</strong> the<br />
States of Jersey Employment and Social Security Department. The amount deducted<br />
will be in accordance with the rate set by the States of Jersey from time <strong>to</strong> time.<br />
The tax year in Jersey runs from 1 January <strong>to</strong> 31 December each year. The standard<br />
rate of income tax varies according <strong>to</strong> personal circumstances and is payable by all<br />
individuals resident in Jersey for tax purposes. Employees will pay income tax on gross<br />
income less admissible charges, certain personal allowances and reliefs.<br />
Income tax will be deducted from your pay on a monthly instalment basis. Each year<br />
the bank will submit a tax return <strong>to</strong> the Comptroller of Income Tax advising them of<br />
your <strong>to</strong>tal earnings, tax deductions and allowances for the previous tax year. A notice of<br />
assessment will be issued <strong>to</strong> you once your income tax return has been submitted.<br />
If you need <strong>to</strong> communicate with the Comptroller of Income Tax quote your tax<br />
reference and forward correspondence <strong>to</strong>:<br />
The Comptroller of Income Tax<br />
PO Box 56<br />
Cyril Le Marquand House<br />
The Parade<br />
St Helier<br />
JE4 8PF<br />
Tel: 01534 440 300<br />
1.4.10.3 Tax and Social Insurance in Guernsey<br />
Social Insurance will be deducted from your pay each month and paid directly <strong>to</strong> the<br />
States of Guernsey Social Security Department. The amount deducted will be in<br />
accordance with the rate set by the States of Guernsey from time <strong>to</strong> time.<br />
The tax year in Guernsey runs from 1 January <strong>to</strong> 31 December each year. The standard<br />
rate of income tax varies according <strong>to</strong> personal circumstances and is payable by all<br />
individuals resident in Guernsey for tax purposes. Income tax will be deducted from<br />
your pay on a monthly instalment basis.<br />
Each year the bank will submit a tax return <strong>to</strong> the Guernsey Tax Authorities advising<br />
them of your <strong>to</strong>tal earnings, tax deductions and allowances for the previous tax year.<br />
You will be required <strong>to</strong> provide the bank with a completed personal tax assessment<br />
form detailing your annual earnings for the previous tax year. This assessment will be<br />
compared with the information submitted <strong>to</strong> the Guernsey Tax Authorities by the bank.<br />
If you need <strong>to</strong> communicate with the Administra<strong>to</strong>r of Income Tax quote your tax<br />
reference and forward correspondence <strong>to</strong>:<br />
The Administra<strong>to</strong>r<br />
Income Tax Office<br />
PO Box 37<br />
2 Cornet Street<br />
St Peter Port<br />
10
Guernsey<br />
GY1 3AZ<br />
Tel: 01481 724711<br />
1.4.10.4 Tax and National Insurance in the Isle of Man<br />
Employee’s National Insurance Contributions will be deducted from your pay each<br />
month and paid directly <strong>to</strong> the Isle of Man Department of Health and Social Security.<br />
The amount deducted will be in accordance with the rates set by the Isle of Man<br />
Government from time <strong>to</strong> time.<br />
The tax year in the Isle of Man is from 6 April <strong>to</strong> 5 April. The higher rate of income tax<br />
is currently (for the tax year 2008/2009) 18% and the lower rate is currently 10% and<br />
income tax is payable by all individuals resident in the Isle of Man for tax purposes.<br />
Employees will pay income tax on gross income less admissible charges, certain<br />
personal allowances and reliefs.<br />
Income tax will be deducted from your pay on a monthly instalment basis. Each year<br />
the bank will submit a tax return <strong>to</strong> the Isle of Man Assessor of Income Tax advising<br />
them of your <strong>to</strong>tal earnings, tax deductions and allowances for the previous tax year. A<br />
notice of assessment will be issued <strong>to</strong> you once your income tax return has been<br />
submitted.<br />
If you need <strong>to</strong> communicate with the Assessor of Income Tax, quote your tax reference<br />
and forward correspondence <strong>to</strong>:<br />
Isle of Man Income Tax Division<br />
Government Office<br />
Buck’s Road<br />
Douglas<br />
Isle of Man<br />
IM1 3TX<br />
Tel: 01624 685400<br />
1.4.10.5 National Insurance Contributions for employees seconded <strong>to</strong> the Channel<br />
Islands<br />
Employees seconded from the UK <strong>to</strong> Jersey and Guernsey for a period less than 36<br />
months will continue <strong>to</strong> make payments in<strong>to</strong> the UK national insurance scheme and not<br />
the scheme operating locally.<br />
1.5 Performance Review<br />
Each employee’s performance is reviewed annually, the present review period being<br />
the calendar year. Further details are set out in the HR Procedures Manual<br />
(Performance Review) which is available on the bank’s intranet.<br />
1.6 Hours of Work<br />
1.6.1 General<br />
Different working arrangements apply depending on your grade. Such working<br />
arrangements relate both <strong>to</strong> the number of normal hours worked in a week (based on a<br />
full time position) and <strong>to</strong> the way normal hours may be scheduled. In particular, you<br />
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will note that some employees work on ‘non-flexible’ schedules and other employees<br />
work on ‘flexible’ schedules. Whether you work on a non-flexible or flexible schedule<br />
depends on your grade, work location and your job in the bank. Details of which grades<br />
are on non-flexible or flexible schedules are set out below.<br />
Grades S03 <strong>to</strong> S05 and TA6 – TA4: The standard working week is 35 hours and this<br />
is normally for 7 hours per day (excluding a one hour unpaid lunch break) Monday <strong>to</strong><br />
Friday inclusive. The normal working day, unless advised otherwise, will be 9.00am <strong>to</strong><br />
5.00pm Monday <strong>to</strong> Friday inclusive. For non-shift employees the bank can vary, by<br />
mutual agreement, the start and finish time between the hours of 8.00am and 10.00am<br />
and 4.00pm and 6.00pm respectively.<br />
For those employees on "flexible" contracts, different parameters will apply<br />
depending on the second letter of your grade, as set out below. Unless otherwise stated<br />
your schedule will normally include a one hour unpaid lunch break each day. Specific<br />
schedules will be advised <strong>to</strong> you locally or set out in your offer letter, but may be<br />
changed, on reasonable notice, within the parameters set out below.<br />
Letter F and Managerial PH6, PI6, PJ6, PK5, PL5, PM5, PN5, TF6 – TF3, TW6-<br />
TW2: The standard working week is 35 hours. The maximum number of days you may<br />
be required <strong>to</strong> work in any week is 6, over 7 calendar days, Monday <strong>to</strong> Sunday. The<br />
days of the week on which you work need not be consecutive. Your scheduled daily<br />
working hours will be a maximum of 10 working hours per day, although you may<br />
agree <strong>to</strong> work longer hours as overtime.<br />
Letter C and Managerial PA6, PB6, PC6, PD5, PE5, PF5, PG5, TC6 – TC4: The<br />
standard working week is 35 hours. The maximum number of days you may be<br />
required <strong>to</strong> work in any week is 6, over 6 calendar days, Monday <strong>to</strong> Saturday, or<br />
Sunday <strong>to</strong> Friday. The days of the week on which you work need not be consecutive.<br />
Your scheduled daily working hours will be a maximum of 10 working hours per day,<br />
although you may agree <strong>to</strong> work longer hours as overtime.<br />
Letter B and Managerial TB6 – TB4 and ET6: The standard working week is 35<br />
hours. The maximum number of days you may be required <strong>to</strong> work in any week is 5,<br />
over 6 calendar days, Monday <strong>to</strong> Saturday, and between the hours of 8.00am <strong>to</strong> 8.00pm.<br />
The days of the week on which you work need not be consecutive. At the bank's<br />
discretion, time and day "slides" may form part of the schedule within the following<br />
parameters:<br />
• Time and day "slides" within the core schedule of 8.00am <strong>to</strong> 8.00pm, Monday<br />
<strong>to</strong> Saturday, provided 50% of the employee’s current schedule remains<br />
unchanged.<br />
• Changes <strong>to</strong> the core schedule will only be made as a result of individual<br />
agreement or by collective agreement with Unite.<br />
• Employees contracted <strong>to</strong> work less than an average 35 hours per week can agree<br />
either a time or a day slide according <strong>to</strong> their personal and domestic<br />
circumstances. If you elect a day slide the bank may alter the days on which you<br />
work, but not the times in those days that you work. If you choose a time slide<br />
the bank may alter the times in the day when you work, but not the days on<br />
which you work.<br />
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The parameters set out above apply <strong>to</strong> both clerical and managerial grade employees up<br />
<strong>to</strong> and including Global Career Band 4 unless:<br />
• you are a member of the Salesforce, in which case the standard working week is 35<br />
hours and may include weekends, local, public and bank holidays. Your specific<br />
hours of work will be flexible depending on the operational requirements of the<br />
business and may include such further hours as are necessary for the fulfilment of<br />
your duties; or<br />
• you work on a shift basis, in which case any working parameters will be set out in<br />
your offer letter.<br />
Senior management employees are required <strong>to</strong> work such hours as are necessary for the<br />
proper fulfilment of their duties.<br />
1.6.2 Overtime and Additional Hours<br />
The bank aims <strong>to</strong> ensure that persistent overtime or additional hours are unnecessary.<br />
However, occasions may arise where, due <strong>to</strong> unforeseen or unavoidable circumstances,<br />
you may be required <strong>to</strong> work beyond your normal hours. In these circumstances<br />
overtime payments will be made <strong>to</strong> clerical grade employees in respect of such hours in<br />
accordance with the bank's policies and procedures. Key-time employees in clerical<br />
grades will not be eligible for overtime payments until they work more than 7 hours in<br />
one day or in excess of 35 hours in one week.<br />
Subject <strong>to</strong> prior agreement and in accordance with the polices and procedures on<br />
authorisation and eligibility key time employees who work hours above their normal<br />
hours but below the limits for overtime payments will be paid at their hourly rate of<br />
basic salary for such hours. These hours are known as ‘Additional Hours’. Additional<br />
Hours are pensionable and will count <strong>to</strong>wards any incentive payment calculation which<br />
is based on hours of work.<br />
Further details are set out in the HR Procedures Manual (Overtime), which is available<br />
on the bank’s intranet.<br />
1.6.3 Working Time Regulations<br />
The Working Time Regulations 1998 apply <strong>to</strong> UK based employees. They set limits on<br />
working hours and create a legal entitlement <strong>to</strong> minimum rest breaks and paid holiday<br />
entitlement. Further details on the regulations appear in the HR Procedures Manual<br />
(Working Time), which is available on the bank’s intranet.<br />
Weekly rest periods are provided for in relation <strong>to</strong> Jersey in Article 10 Employment<br />
(Jersey) Law 2005.<br />
1.7 Leave<br />
1.7.1 Holiday Entitlement<br />
The bank’s holiday year runs from 1 January <strong>to</strong> 31 December each year.<br />
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During Core Leave, employees must be physically away from their workplace and<br />
actively discouraged from participating in work-related activities from a remote<br />
location e.g. accessing Blackberrys. Line managers must not place employees under<br />
duress <strong>to</strong> respond <strong>to</strong> work-related matters during Core Leave and it is acceptable for an<br />
employee not <strong>to</strong> undertake any work-related activity during this period.<br />
Employees may attend training courses, conferences or conventions during their Core<br />
Leave as long as the events are not held on <strong>HSBC</strong> Group premises. Such events must<br />
not account for more that 50% of the Core Leave period.<br />
Should it be necessary <strong>to</strong> attend a course, conference or convention within the Core<br />
Leave period, the corresponding number of days would be available <strong>to</strong> be taken as<br />
Holiday at a future agreed time<br />
Minimum Core Leave is calculated as below:<br />
Category<br />
Full time employees with 20 or more<br />
days annual leave allowances<br />
Part time employees<br />
Minimum Core Leave<br />
10 working days, which may include<br />
<strong>Bank</strong> and Public Holidays that fall on<br />
normal working days.<br />
Pro rata the above calculations i.e. an<br />
employee working 3 days a week with an<br />
annual leave allowance of 12 days (full<br />
time equivalent allowance of 20 days),<br />
should take a minimum core leave of 6<br />
working days (i.e. two working weeks of<br />
3 days a week).<br />
Leave arrangements for employees whose working pattern exceeds 7 hours per day, or<br />
who are working a recognised shift pattern, may vary. These arrangements will be<br />
advised <strong>to</strong> you at the time of introduction of the working pattern.<br />
(i) Clerical Grades<br />
Clerical Grades other than S03-S05 are entitled <strong>to</strong> 25 working days paid leave in each<br />
full holiday year worked.<br />
Clerical Grades S03-S05:<br />
Completed years of service<br />
Paid leave (working days)<br />
Under 3: 21<br />
3 and over: 23<br />
5 and over: 25<br />
10 and over: 26<br />
20 and over: 27<br />
Different arrangements may apply where holiday entitlement has been red-circled.<br />
Additional leave entitlement based on years of service will be given in the holiday year<br />
in which the relevant length of service is achieved.<br />
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(ii) Management and Salesforce Grades/Bands<br />
TA6, TA5, TF6, TB6, OA6: 28 working days leave in each full holiday year worked.<br />
TA5, TC5, TF5, TB5, OA5 and above: 30 working days leave in each full holiday year<br />
worked.<br />
Holiday entitlement for all other management grades will be set out in their offer letter.<br />
(iii) Promotion<br />
On promotion any holiday entitlement will be adjusted pro-rata for the remainder of the<br />
holiday year.<br />
(iv) Key Time Employees<br />
Employees whose normal hours are less than 35 hours per week are entitled <strong>to</strong> paid<br />
holiday which is proportional <strong>to</strong> their normal hours, when compared <strong>to</strong> the holiday<br />
entitlement for a full time employee.<br />
Individual entitlement will be set out in your offer letter or will be provided by your<br />
line manager.<br />
(v) Commencing or leaving employment during the holiday year<br />
If your employment starts or finishes part way through the bank’s holiday year your<br />
holiday entitlement will be directly proportional <strong>to</strong> the actual period worked during that<br />
holiday year.<br />
If it is not operationally practical for you <strong>to</strong> take your accrued holiday entitlement prior<br />
<strong>to</strong> termination of employment, the bank will make an equivalent payment <strong>to</strong> you in<br />
your final salary, unless your employment is terminated by reason of gross misconduct<br />
or if you fail <strong>to</strong> give appropriate notice. The bank will also deduct an equivalent sum<br />
from your final salary payment for any holiday taken in excess of your entitlement or, if<br />
this is not possible, the bank reserves the right <strong>to</strong> withdraw an equivalent sum from<br />
your bank account<br />
within one month of the termination of your employment or <strong>to</strong> request that you repay<br />
the sum on demand. If the bank intends <strong>to</strong> withdraw any such sum from your bank<br />
account it will write <strong>to</strong> you, at your last recorded address, informing you of the amount<br />
that will be withdrawn. The bank will give you an opportunity <strong>to</strong> discuss the proposed<br />
withdrawal, and the bank will take in<strong>to</strong> account your personal circumstances prior <strong>to</strong><br />
determining a repayment schedule.<br />
Payments or deductions will not be made in respect of any <strong>Bank</strong> or Public holidays<br />
accrued or taken in excess of entitlement.<br />
Further information on taking your holiday entitlement is set out in the HR Procedures<br />
Manual, which is available on the bank’s intranet.<br />
15
1.7.2 Public and <strong>Bank</strong> Holidays<br />
The recognised public and bank holidays are: New Year's Day, Good Friday, Easter<br />
Monday, May <strong>Bank</strong> Holiday, Spring <strong>Bank</strong> Holiday, August <strong>Bank</strong> Holiday, Christmas<br />
Day and Boxing Day.<br />
In addition <strong>to</strong> the holiday entitlement in section 1.7.1, employees whose normal<br />
working hours are 35 hours per week will receive 8 days in recognition of the above<br />
bank and public holidays.<br />
Key-time employees will receive an entitlement in respect of bank and public holidays<br />
which is proportional <strong>to</strong> their normal hours of work.<br />
Individual entitlement will be set out in your offer letter or will be provided by your<br />
line manager.<br />
Depending on your rostered pattern of work either paid leave on the bank or public<br />
holiday or, where you are required <strong>to</strong> work the bank or public holiday, subsequent paid<br />
time-off in recognition of such holiday worked, will be given.<br />
If your working arrangements include working a public or bank holiday, and you are<br />
subsequently not required <strong>to</strong> work on that day, reasonable notice will be given.<br />
Further details are set out in the HR Procedures Manual which is available on the<br />
bank’s intranet.<br />
1.7.3 Further local public holidays<br />
(i)<br />
Jersey<br />
Further recognised public holidays are Liberation Day and the Battle of Flowers.<br />
In addition <strong>to</strong> the holiday and bank and public holiday entitlement in sections 1.7.1 and<br />
1.7.2, employees whose normal working hours are 35 hours per week will receive 1 day<br />
in recognition of Liberation Day and 0.5 day (equivalent <strong>to</strong> 3.5 hours) in recognition of<br />
the Battle of Flowers.<br />
No local holiday entitlement is provided <strong>to</strong> employees in relation <strong>to</strong> the Battle of<br />
Britain.<br />
Key-time employees will receive an entitlement in respect of local holidays which is<br />
proportional <strong>to</strong> their normal hours of work.<br />
Individual entitlement will be set out in your offer letter or will be provided by your<br />
line manager.<br />
Depending on your rostered pattern of work, either paid leave on the local holiday or,<br />
where you are required <strong>to</strong> work the local holiday, subsequent paid time-off in<br />
recognition for such holiday worked, will be given.<br />
16
If your working arrangements include working on Liberation Day and / or the Battle of<br />
Flowers and you are subsequently not required <strong>to</strong> work on that day, reasonable notice<br />
will be given.<br />
(ii)<br />
Guernsey<br />
Liberation Day is recognised by the bank as a further public holiday.<br />
In addition <strong>to</strong> the holiday and bank and public holiday entitlement in sections 1.7.1 and<br />
1.7.2, employees whose normal working hours are 35 hours per week will receive 1 day<br />
in recognition of Liberation Day.<br />
Key-time employees will receive an entitlement in respect of Liberation Day which is<br />
proportional <strong>to</strong> their normal hours of work.<br />
Individual entitlement will be set out in your offer letter or will be provided by your<br />
line manager.<br />
Depending on your rostered pattern of work, either paid leave on Liberation Day or,<br />
where you are required <strong>to</strong> work on Liberation Day, subsequent paid time-off in<br />
recognition for such holiday worked, will be given.<br />
If your working arrangements include working on Liberation Day, and you are<br />
subsequently not required <strong>to</strong> work on that day, reasonable notice will be given.<br />
(iii)<br />
Isle of Man<br />
The recognised further public holidays are TT Senior Race Day and Tynwald Day.<br />
In addition <strong>to</strong> the holiday and bank and public holiday entitlement in sections 1.7.1 and<br />
1.7.2, employees whose normal working hours are 35 hours per week will receive 2<br />
days in recognition of local holidays.<br />
Key-time employees will receive an entitlement in respect of the local holidays which<br />
is proportional <strong>to</strong> their normal hours of work.<br />
Individual entitlement will be set out in your offer letter or will be provided by your<br />
line manager.<br />
Depending on your rostered pattern of work, either paid leave on the local holiday, or<br />
where you are required <strong>to</strong> work the local holiday, subsequent paid time-off in<br />
recognition for such holiday worked, will be given.<br />
If your working arrangements include working on a local holiday, and you are<br />
subsequently not required <strong>to</strong> work on that day, reasonable notice will be given.<br />
1.7.4 Time off for trade union duties<br />
Employees who undertake trade union duties on behalf of Unite will be granted paid or<br />
unpaid time off in accordance with any agreements that may exist between the bank<br />
and Unite.<br />
17
1.7.5 Time off for medical appointments<br />
You may be granted paid time off <strong>to</strong> attend medical (including dental and optician)<br />
appointments which cannot be arranged outside working hours, subject <strong>to</strong> such policies<br />
and procedures on authorisation as may apply locally. Such appointments should,<br />
where possible, be made close <strong>to</strong> the beginning or end of your working day. You may<br />
be asked <strong>to</strong> work additional hours <strong>to</strong> cover the time taken off for such appointments.<br />
Pregnant women who attend ante-natal care appointments are entitled <strong>to</strong> paid time off<br />
and will not be asked <strong>to</strong> work any additional hours <strong>to</strong> cover time taken off for such<br />
appointments.<br />
1.8 Absence from Work<br />
You must wherever possible gain prior agreement from management before being<br />
absent from work. In that case an explanation satisfac<strong>to</strong>ry <strong>to</strong> the bank must be given<br />
for your absence.<br />
If you do not have your manager’s prior agreement <strong>to</strong> your absence you must:<br />
• comply with the bank's rules and procedures if the absence is due <strong>to</strong> your sickness<br />
or injury as set out in clause 1.8.1 below; or<br />
• if your absence is due <strong>to</strong> any other reason you must telephone management at your<br />
normal starting time, or as soon thereafter as is reasonably practicable, in order <strong>to</strong><br />
advise of your absence and provide a satisfac<strong>to</strong>ry explanation for the absence.<br />
When you return <strong>to</strong> work you must attend a return <strong>to</strong> work interview.<br />
If the bank considers the explanation you have given for your absence, verbally, in<br />
writing, or through your self certification form, <strong>to</strong> be unsatisfac<strong>to</strong>ry or false then action<br />
under the bank’s disciplinary procedures may be taken against you.<br />
1.8.1 Absence Due <strong>to</strong> Sickness or Injury<br />
If you are unable <strong>to</strong> attend work because of your sickness or injury you must telephone<br />
your line management no later than your normal starting time (or as soon thereafter as<br />
reasonably practicable) in order <strong>to</strong> advise them of your absence and its reason.<br />
If your absence lasts in the case of HIUL employees for 7 calendar days or less, in the<br />
case of employees in Jersey and Guernsey for 3 calendar days or less or, in the case of<br />
employees in the Isle of Man for 5 working days or less, you will need <strong>to</strong> complete a<br />
self certification form on your return <strong>to</strong> work.<br />
If your absence exceeds, or is likely <strong>to</strong> exceed, in the case of HIUL employees one<br />
calendar week, in the case of employees in Jersey and Guernsey 3 calendar days or, in<br />
the case of employees in the Isle of Man 5 working days, you must consult your doc<strong>to</strong>r<br />
and obtain a medical statement expressing the doc<strong>to</strong>r's opinion of the reason for your<br />
absence from work. This must be sent by post or delivered <strong>to</strong> your manager. If further<br />
certificates are required, these must also be sent <strong>to</strong> your manager by post or delivered.<br />
If your illness lasts longer than the number of days (see above) applicable <strong>to</strong> your<br />
location, you should contact your manager <strong>to</strong> advise him or her of your current<br />
prognosis at least once a week, unless agreed otherwise.<br />
18
You may be asked <strong>to</strong> give your consent for the bank <strong>to</strong> obtain a prognosis from your<br />
doc<strong>to</strong>r. You may also be required <strong>to</strong> visit a medical adviser appointed by the bank and<br />
you will also be requested <strong>to</strong> give your consent <strong>to</strong> any report prepared by such medical<br />
adviser being disclosed <strong>to</strong> the bank.<br />
Reporting requirements may be varied by local arrangement at your place of work,<br />
when any particular requirements will be brought <strong>to</strong> your attention during your<br />
employment. If you are unclear about the arrangements in place you should speak <strong>to</strong><br />
your line manager.<br />
1.8.2 Salary and Other Payments During Periods of Absence<br />
No salary or other allowances or incentive payments will be paid for periods of<br />
unauthorised absence.<br />
Payments may be made for periods of absence due <strong>to</strong> reasons other than sickness or<br />
injury at the bank’s absolute discretion.<br />
Subject <strong>to</strong> you following the absence rules laid down by the bank, basic pay less any<br />
Sickness Benefit (Guernsey) or Statu<strong>to</strong>ry Sick Pay (“SSP”) (for employees of HIUL<br />
who work in the UK), or Incapacity Benefit (Jersey and Isle of Man) or other similar<br />
benefit, for which you are eligible (whether or not you have recovered the amount),<br />
may be continued for a limited period during authorised absence due <strong>to</strong> sickness or<br />
injury.<br />
The period for which basic pay (less the appropriate benefit deductions as outlined<br />
above) may be paid currently depends on the length of your service with the bank and<br />
is set out in the following tables. Sick pay is pro-rated based on contractual hours for<br />
key time employees contracted <strong>to</strong> work less than 35 hours per week.<br />
Employees:<br />
The following table applies <strong>to</strong> employees in grades S03-5 and bands CGB6 – GCB1<br />
and all regulated employees, whose continuous employment with the bank began on<br />
one of the Offshore Islands and began prior <strong>to</strong> 1 January 2002 (i.e. they are on non<br />
flexible contracts).<br />
Employees on non flexible contracts whose continuous employment with the bank<br />
began in the UK but who then moved <strong>to</strong> one of the Offshore Islands or <strong>to</strong> HIUL should<br />
refer <strong>to</strong> the UK HR Procedures Manual for details of their sick pay entitlement.<br />
Service<br />
Maximum period of normal pay<br />
granted*<br />
Over 5 years<br />
52 weeks (260 working days)<br />
*The maximum period is the maximum granted in any one year whether absence is<br />
owing <strong>to</strong> a single illness or succession of illnesses. For UK and Isle of Man based<br />
employees, the year starts 6 April. For Jersey and Guernsey based employees the year<br />
starts 1 January.<br />
19
When a period of absence spans more than one year (6 April <strong>to</strong> 5 April for UK and Isle<br />
of Man based employees, 1 January <strong>to</strong> 31 December for Jersey and Guernsey based<br />
employees), eligibility for sick pay during this period is the maximum period for the<br />
absence year in which the absence commenced.<br />
If you return <strong>to</strong> work following this period of absence, you will return on a<br />
rehabilitation plan. This plan will be agreed between yourself, your line manager, an<br />
Occupational Health Manager and an Employee Relations Manager. Once the<br />
rehabilitation plan has been completed successfully any subsequent absence may be<br />
paid until you have reached the maximum accumulated paid sick leave for the year in<br />
which you return.<br />
Employees:<br />
The following table applies <strong>to</strong> employees on flexible contracts whose continuous<br />
employment with the bank began on one of the Offshore Islands and began between 1<br />
January 2002 and 30 November 2006.<br />
Employees on flexible contracts whose continuous employment with the bank began in<br />
the UK prior <strong>to</strong> 1 January 2002 but who then moved <strong>to</strong> one of the Offshore Islands or <strong>to</strong><br />
HIUL should refer <strong>to</strong> the UK HR Procedures Manual for details of their sick pay<br />
entitlement.<br />
Service<br />
Maximum period of normal pay<br />
granted**<br />
Less than 3 years<br />
Between 3 and 5 years<br />
Over 5 years<br />
8 weeks (40 working days)<br />
16 weeks (80 working days)<br />
26 weeks (130 working days)<br />
** Calculation of maximum period of normal pay granted will be based upon a rolling<br />
12 month period whether absence is due <strong>to</strong> a single illness or succession of illnesses.<br />
Employees:<br />
The following table applies <strong>to</strong> all employees on flexible contracts employed from 1<br />
December 2006 in all regulated grades or in grades SB3-5, SF3-5 and bands GCB6 –<br />
GCB1.<br />
Service<br />
Maximum period of normal pay<br />
granted***<br />
Up <strong>to</strong> 6 months<br />
Between 6 and 12 months<br />
Between 1 and 3 years<br />
Between 3 and 5 years<br />
Over 5 years<br />
Statu<strong>to</strong>ry Sick Pay (or Offshore<br />
equivalent as appropriate) only<br />
2 weeks (10 working days)<br />
8 weeks (40 working days)<br />
16 weeks (80 working days)<br />
26 weeks (130 working days)<br />
20
*** Calculation of maximum period of normal pay granted will be based upon a rolling<br />
12 month period whether absence is due <strong>to</strong> a single illness or succession of illnesses.<br />
All sick pay is calculated and paid monthly in arrears following the receipt of the<br />
absence return form completed by your line manager.<br />
<strong>Bank</strong> sick pay includes any entitlement you may have (whether or not recovered by<br />
you) <strong>to</strong> Statu<strong>to</strong>ry Sick Pay (SSP) (UK), Sickness Benefit (Guernsey) or Incapacity<br />
Benefit (Jersey and Isle of Man). If bank sick pay ceases, you may still be entitled <strong>to</strong><br />
SSP (HIUL employees only) (for up <strong>to</strong> 28 weeks' sickness in <strong>to</strong>tal) or Sickness Benefit<br />
or Incapacity Benefit as appropriate in accordance with local legislation. The bank<br />
reserves the right <strong>to</strong> refuse <strong>to</strong> pay sick pay (including SSP etc) if it has reasonable cause<br />
<strong>to</strong> think that you are not genuinely sick, or are abusing the sick pay policy.<br />
If you are employed in Jersey, Guernsey or the Isle of Man, it will be your<br />
responsibility <strong>to</strong> claim any sickness benefit <strong>to</strong> which you may be entitled from the<br />
relevant social security authority. If you receive any sickness benefit (including any<br />
incapacity benefit) during a period of absence through sickness or injury, you will be<br />
required <strong>to</strong> provide payroll with your cheque for this sickness benefit so that a<br />
pho<strong>to</strong>copy can be taken for the bank’s records. You will keep the cheque but the<br />
amount of sickness benefit covered by the cheque will be deducted from any sick pay<br />
due <strong>to</strong> you from the bank.<br />
You should be aware that the bank may reduce your holiday entitlement for the holiday<br />
year on a pro-rata basis related <strong>to</strong> your attendance during that year. Any incentive<br />
scheme arrangements, as may exist, may also be affected.<br />
Should your statu<strong>to</strong>ry entitlement exceed bank arrangements as set out in the HR<br />
Procedures Manual then, on exhaustion of any bank sick pay, you will be paid Sickness<br />
Benefit, Incapacity Benefit or SSP (as applicable) in accordance with your statu<strong>to</strong>ry<br />
entitlement. Payment of Sickness Benefit, Incapacity Benefit or SSP (as applicable) is<br />
dependent on you satisfying rules regarding periods of incapacity, the period of<br />
entitlement, qualifying days and rules for the notification of absence.<br />
If you are absent from work due <strong>to</strong> an accident or a condition sustained on or off duty<br />
that is the fault of a third party, any bank sick pay paid <strong>to</strong> you in respect of such<br />
absence will be recoverable by the bank only if, and <strong>to</strong> the extent that, you recover<br />
damages in respect of your injury, condition or absence from work. You will be<br />
notified if these circumstances apply.<br />
Further details on absence are set out in the HR Procedures Manual (Absence).<br />
1.9 Location and Mobility<br />
Your initial location will be as stated in your offer letter from the bank. You may be<br />
required <strong>to</strong> travel <strong>to</strong> cus<strong>to</strong>mer <strong>site</strong>s and premises and on occasion <strong>to</strong> attend training<br />
sessions and meetings elsewhere.<br />
There may also be times when the bank needs you <strong>to</strong> be flexible with your work<br />
location, which may mean a permanent or temporary move. Subject <strong>to</strong> business needs,<br />
the bank will, wherever possible, take in<strong>to</strong> account your personal and domestic<br />
circumstances before requiring you <strong>to</strong> move. Set out below are the bank’s mobility<br />
21
equirements. Although the general mobility requirement is dependent on grade, the<br />
bank’s requirements under any business recovery plan (see paragraph 1.9.4) apply <strong>to</strong> all<br />
grades.<br />
Employees whose work location is stated as “home” in their offer letter are also<br />
covered by these requirements.<br />
Some employees may have the option of working from home from time <strong>to</strong> time by<br />
mutual agreement in line with business needs. However, this arrangement is noncontractual<br />
and the employee’s base remains as stated in their offer letter.<br />
1.9.1 Senior Management<br />
If you are a senior management band employee you may be required <strong>to</strong> work at or from<br />
any office, branch or location of the bank or within different companies of the <strong>HSBC</strong><br />
Group (as defined at paragraph 1.24) in the UK or Offshore Islands. A change of your<br />
place of residence may be required from time <strong>to</strong> time at particular stages of your career.<br />
In addition there may be some roles where there is a requirement <strong>to</strong> work outside of the<br />
UK or Offshore Islands. There may also be roles where occasional overseas travel is<br />
necessary, and in such situations, personal and domestic circumstances will be taken<br />
in<strong>to</strong> account.<br />
1.9.2 Management<br />
If you are a management band employee (including if you are a Management Trainee)<br />
you may be required <strong>to</strong> work at or from any office, branch or location of the bank in the<br />
UK or Offshore Islands. A change of your place of residence may be required from<br />
time <strong>to</strong> time at particular stages of your career.<br />
In addition there may be some roles where there is a requirement <strong>to</strong> work outside of the<br />
UK or Offshore Islands. There may also be roles where occasional overseas travel is<br />
necessary, and in such situations, personal and domestic circumstances will be taken<br />
in<strong>to</strong> account.<br />
1.9.3 Clerical Grades<br />
If you are a clerical grade employee you may be required <strong>to</strong> work at or from any office,<br />
branch or location of the bank in the Offshore Island in which you are employed, (or in<br />
the UK if you are employed in the UK) within reasonable travelling distance of your<br />
existing location or your home. What is deemed a reasonable journey will depend on a<br />
number of circumstances that will include normal travelling time and public transport<br />
availability.<br />
1.9.4 Business Recovery Plans<br />
The bank has business recovery plans in place in the event of a major disaster taking<br />
place and the working environment being compromised. Depending on the nature and<br />
longevity of the disaster and the nature of the role you are carrying out at the time, you<br />
may be identified as a key member of staff. If you are identified as such, you may be<br />
contacted and expected <strong>to</strong> report for work at a different <strong>site</strong>, for a temporary period, <strong>to</strong><br />
recover from critical business disruption.<br />
22
1.10 Cars<br />
1.10.1 Management Car Scheme<br />
Employees in bands GCB5 and above, and employees who are grade G93 and<br />
employed by HIUL are eligible <strong>to</strong> participate in the Offshore Islands Cash Car Scheme<br />
(the “Car Scheme”) (with appropriate variations for HIUL) subject <strong>to</strong> the existence of<br />
and rules of the Car Scheme as they may exist from time <strong>to</strong> time.<br />
Under the Car Scheme, eligible managers will be entitled <strong>to</strong> a cash payment in lieu of<br />
the provision of a car.<br />
If your normal hours are less than 35 hours per week, the benefit will be pro rata <strong>to</strong><br />
your normal hours.<br />
If you change your normal hours, the level of any payments will be adjusted<br />
accordingly.<br />
For further information please refer <strong>to</strong> the rules of the Car Scheme, which are available<br />
on the bank’s intranet.<br />
1.10.2 Mo<strong>to</strong>ring Offences<br />
If, as a result of a mo<strong>to</strong>ring offence and/or a series of such offences, you lose your<br />
driving licence and as a consequence are not able <strong>to</strong> undertake your duties satisfac<strong>to</strong>rily<br />
you must make suitable alternative arrangements acceptable <strong>to</strong> the bank <strong>to</strong> enable you<br />
<strong>to</strong> perform your contract of employment.<br />
If you are not able <strong>to</strong> do so the bank will attempt <strong>to</strong> identify an alternative position, not<br />
involving driving. However if this is not possible or you do not accept the alternative<br />
position then your employment may be terminated, by the bank, by giving due notice.<br />
It is accepted that should an alternative role be identified, your salary, benefits and all<br />
other terms and conditions of employment would mirror that of an employee at that<br />
grade and level and not that of your current position. Any such alternative role will<br />
normally be an established position. You will therefore not be entitled <strong>to</strong> au<strong>to</strong>matically<br />
return <strong>to</strong> your current role if your driver’s licence is returned, although you will be able<br />
<strong>to</strong> apply for and be considered for positions which require a driving licence.<br />
1.11 Expenses<br />
You will be reimbursed for expenses incurred on the bank's business which are:<br />
• incurred and claimed strictly in accordance with the bank's rules on expenses; and<br />
• supported by the appropriate level of authorisation and documentation.<br />
To take best advantage of the bank's buying power, arrangements exist for purchase of<br />
certain services through given suppliers or through a central point. Such arrangements<br />
must be complied with.<br />
Further details are available in the Expenses Policy and Procedures Manual, which is<br />
available via Lotus Notes.<br />
23
1.12 Retirement and Pensions<br />
The normal retirement age in the bank is currently 65 and your employment will<br />
terminate au<strong>to</strong>matically at the end of the month in which your 65 th birthday occurs,<br />
unless you are otherwise advised by individual notice. Your ‘pensionable retirement<br />
age’ is determined by the section of the pension scheme you are in, and by your<br />
contract, and is shown on your pension statement (age 60 for most employees). The<br />
change <strong>to</strong> the bank’s working retirement age does not change this in any way. This will<br />
mean that, when you reach your ‘pensionable retirement age’ you will still be able <strong>to</strong><br />
decide whether <strong>to</strong> retire or whether <strong>to</strong> continue <strong>to</strong> work until 65, if you are under 65.<br />
1.12.1 The <strong>HSBC</strong> Defined Contribution Retirement Benefit Scheme<br />
Unless you are already a member of another group pension scheme, the <strong>HSBC</strong> Defined<br />
Contribution Retirement Benefit Scheme (“DCS Scheme”) is applicable <strong>to</strong> employees<br />
who entered service on or after 1 July 1996.<br />
For the information of HIUL employees and employees employed in the Isle of Man,<br />
the DCS Scheme is contracted in<strong>to</strong> the State Second Pension (S2P) which replaced the<br />
State Earnings Related Pension Scheme (SERPS) in April 2002.<br />
The DCS Scheme is a savings style type of pension which provides:<br />
• a pension on retirement;<br />
• an ill-health pension (which currently applies if you have five years membership<br />
and are unable <strong>to</strong> continue in employment because of serious ill-health); and<br />
• security for your dependants, which is currently:<br />
- a lump sum of four times pensionable salary if you die in service plus a refund of<br />
your own pensions contributions;<br />
- a spouse's or civil partner’s pension;<br />
- a children's allowance.<br />
Provided that you are aged 23 or over when you commence employment, you will<br />
au<strong>to</strong>matically become a full member of the DCS Scheme for pension, life insurance and<br />
other benefits. This means that a contribution of 2% of monthly pensionable salary will<br />
au<strong>to</strong>matically be deducted from your monthly pay and paid <strong>to</strong> the DCS Scheme as a<br />
contribution <strong>to</strong>wards your future pension. Further details on the contributions the bank<br />
will make <strong>to</strong> the DCS Scheme for your future pension are set out in the DCS Scheme<br />
Explana<strong>to</strong>ry Booklet.<br />
If you are under the age of 23 at the time of commencing employment you will be<br />
au<strong>to</strong>matically admitted <strong>to</strong> the DCS Scheme for life insurance and qualification service<br />
<strong>to</strong>wards an ill heath pension. When you reach the age of 23 (provided that you are still<br />
an employee of the bank), the contribution of 2% of monthly pensionable salary will<br />
au<strong>to</strong>matically start <strong>to</strong> be deducted from your monthly pay and paid <strong>to</strong> the DCS Scheme<br />
as a contribution <strong>to</strong>wards your future pension. You may also make contributions <strong>to</strong> the<br />
DCS Scheme for your future pension before you reach the age of 23. Details on how<br />
you may do this are set out in the DCS Scheme Explana<strong>to</strong>ry Booklet.<br />
Further details about the DCS Scheme, including the DCS Scheme Explana<strong>to</strong>ry<br />
Booklet, an illustra<strong>to</strong>r of potential pension benefits, Frequently Asked Questions and<br />
details of the DCS Scheme Administration Team, are available on the DCS Scheme<br />
Intranet Site (http://dcsscheme.hacl.uk.hsbc). You can also call 7688 5350 (Internal) or<br />
0845 6095050 (External).<br />
24
The pension benefits detailed in the Handbook are subject <strong>to</strong> the Trust Deed and Rules<br />
of the DCS Scheme which may be changed from time <strong>to</strong> time <strong>to</strong> the extent permitted by<br />
the Trust Deed and Rules.<br />
1.12.2 The <strong>HSBC</strong> <strong>Bank</strong> (UK) Pension Scheme - Defined Benefit Section<br />
The Defined Benefit Section (“DBS Scheme”) is applicable <strong>to</strong> most employees in<br />
service before 1 July 1996.<br />
The DBS Scheme is based on your final salary and pensionable service accrued during<br />
your membership of the DBS Scheme. The DBS Scheme provides:<br />
• a pension on retirement;<br />
• an ill-health pension (if you have five years membership and are unable <strong>to</strong> continue<br />
in employment because of serious ill-health); and<br />
• security for your dependants:<br />
- a lump sum of four times pensionable salary if you die in service;<br />
- a spouse's or civil partner’s pension;<br />
- a children's allowance.<br />
Further details about the DBS Scheme, including the DBS Scheme Explana<strong>to</strong>ry<br />
Booklet and details of the DBS Scheme Administration Team are available on the DBS<br />
Scheme intranet <strong>site</strong> (http://dbsscheme.hacl.uk.hsbc).<br />
Important points <strong>to</strong> note are:<br />
• The scheme is non-contribu<strong>to</strong>ry. The <strong>to</strong>tal cost of the scheme is met by the<br />
employer.<br />
• Completion of the Expression of Wish form and/or Specified Dependants<br />
Nomination Form can assist the Trustee when making payments in the event of<br />
your death.<br />
• For the information of HIUL employees and employees in the Isle of Man, the<br />
DBS Scheme is contracted-out of the state second pension (S2P) which replaced<br />
the State Earnings Related Pension Scheme (SERPS) in April 2002.<br />
• Employees who joined the DBS Scheme before 1 January 1975 have the option <strong>to</strong><br />
retire from age 55, (with provision for a reduction of part of the pension in some<br />
cases) subject <strong>to</strong> providing notice <strong>to</strong> the bank in accordance with their contract of<br />
employment.<br />
• Ill-health pensions are based upon your actual period of pensionable service<br />
accrued <strong>to</strong> the date of actual retirement. This may be further enhanced at the<br />
discretion of the Trustee, provided it is satisfied that your illness is severe, with no<br />
likelihood that you will recover or be able <strong>to</strong> undertake any gainful employment in<br />
the future.<br />
• You are eligible <strong>to</strong> pay additional voluntary contributions (AVCs) through one of<br />
the scheme’s AVC providers <strong>to</strong> increase your benefits payable from retirement.<br />
You can also call the DBS Scheme Administration Team on 7688 5318 (Internal) or<br />
01727 885318 (External). The pension benefits detailed in the handbook are subject <strong>to</strong><br />
the Trust Deed and Rules of the DBS Scheme which may be changed from time <strong>to</strong> time<br />
<strong>to</strong> the extent permitted by the Trust Deed and Rules.<br />
25
1.12.3 Other pension schemes<br />
Certain employees may be eligible <strong>to</strong> participate in other group pension schemes.<br />
Further details are set out in your offer letter and details of who <strong>to</strong> contact for further<br />
information are set out in your scheme booklet.<br />
1.13 Standards of Conduct<br />
<strong>Bank</strong>ing is a business based on the utmost integrity and mutual trust. In order <strong>to</strong><br />
maintain and safeguard the trust and confidence of our cus<strong>to</strong>mers and the public, the<br />
bank places paramount importance on the maintenance of certain standards of conduct.<br />
The bank’s standards of conduct are principally made up of certain rules, regulations<br />
and ethical principles. These are set out in sections 1-3 of the Handbook and it is<br />
essential that you familiarise yourself with the content of the Handbook and observe the<br />
bank’s standards of conduct. In addition other specific rules and regulations may apply<br />
in your place of work and will be brought <strong>to</strong> your attention during your employment.<br />
Due <strong>to</strong> the need for integrity and trust in our business and the rapidly developing nature<br />
of the business, it is not possible <strong>to</strong> set out standards of conduct in every situation. You<br />
should seek guidance from your line manager should you be in any doubt about the<br />
correct action <strong>to</strong> take in any situation.<br />
A failure <strong>to</strong> abide by the standards of conduct may lead <strong>to</strong> disciplinary action being<br />
taken, including dismissal.<br />
1.14 Confidentiality<br />
You must from the date of the commencement of your employment and thereafter,<br />
observe strict confidentiality in respect of any and all information held by the bank,<br />
including dealings, transactions, procedures, policies, decisions, systems and other<br />
matters of a confidential nature of and concerning the bank, the <strong>HSBC</strong> Group and allied<br />
or associated companies of the bank or Group (all such subsidiary and other companies<br />
being referred <strong>to</strong> as “the Companies”). Such confidentiality relates <strong>to</strong> any and all<br />
transactions (including, but not limited <strong>to</strong> the state of any account and matters relating<br />
<strong>to</strong> cus<strong>to</strong>mers’ or clients’ business or personal affairs) of the bank or the Group and of<br />
each of the Companies with their respective cus<strong>to</strong>mers, clients, suppliers or associates,<br />
except when required or authorised <strong>to</strong> disclose such information by the bank or by law.<br />
You should be aware that any breaches of the above, including the unauthorised<br />
browsing of accounts, is likely <strong>to</strong> lead <strong>to</strong> disciplinary action and may result in dismissal<br />
for gross misconduct.<br />
Disclosure of cus<strong>to</strong>mers’ or clients’ business or personal affairs is not permitted<br />
without the cus<strong>to</strong>mers’ or clients’ authority. This is a requirement of bankers'<br />
confidentiality, the <strong>Bank</strong>ing Code, and the data protection legislation as set out at<br />
paragraph 3.10.2 below. Any contravention may lead <strong>to</strong> action under the disciplinary<br />
procedures, as well as individual liability under data protection legislation.<br />
If you are approached by any third party, in particular any media source, and asked <strong>to</strong><br />
make any comments or provide any information <strong>to</strong> such persons, under no<br />
circumstances should you respond without having sought permission and guidance<br />
from your line manager who, where appropriate and necessary, will seek permission<br />
and guidance from Group Corporate Affairs. Guidelines on regulations and procedures<br />
26
egarding the handling of information relating <strong>to</strong> cus<strong>to</strong>mers, clients and employees are<br />
set out in the HR Procedures Manual (Data Protection – Use, Retention and Disclosure<br />
of Personal Data; and Data Protection Regulations for Staff Files).<br />
Nothing in this clause prevents you from making a protected disclosure under the<br />
bank’s whistle-blowing procedure, in respect of any malpractice or unlawful conduct.<br />
Further details on the bank’s whistle-blowing policy are set out at paragraph 3.9 of this<br />
Handbook or are available in the HR Procedures Manual (Whistle-blowing).<br />
1.15 Inventions and Other Intellectual Property<br />
You may make inventions or create other intellectual property during your<br />
employment. In this respect you have a special responsibility <strong>to</strong> further the interests of<br />
the bank and the <strong>HSBC</strong> Group given your position at the bank and the remuneration<br />
paid <strong>to</strong> you under your contract of employment.<br />
In recognition of your position, remuneration and responsibility, you acknowledge and<br />
agree that any invention, improvement design, process, information, copyright work,<br />
trade mark, trade name or get-up or any other intellectual property (<strong>to</strong>gether the<br />
“Intellectual Property”) made, created or discovered by you during your employment<br />
(whether capable of being patented or registered or not) in conjunction with or in any<br />
way affecting or relating <strong>to</strong> the business of any company in the Group or capable of<br />
being used or adapted for use in such a company or in connection therewith shall be<br />
immediately disclosed <strong>to</strong> the bank and shall belong <strong>to</strong> and be the absolute property of<br />
the bank or such member of the Group as the bank may direct.<br />
However, the above clause shall only apply <strong>to</strong> the extent that any invention was made<br />
by you in the course of your Duties and (i) such invention was reasonably expected <strong>to</strong><br />
result therefrom; or (ii) at the time of making the invention, because of the nature of<br />
your Duties and the particular responsibilities arising therefrom, you have a special<br />
obligation <strong>to</strong> further the interests of the bank. For the purpose of this clause ‘Duties’<br />
means in the course of your normal duties or in the course of duties falling outside your<br />
normal duties but which have been specifically assigned <strong>to</strong> you.<br />
You acknowledge that you have no rights, interest or claims, either during your<br />
employment or after the termination of your employment, in or <strong>to</strong> any such Intellectual<br />
Property and you shall not use such Intellectual Property other than during the period of<br />
your employment and for the purpose of the bank or the Group.<br />
If and whenever required <strong>to</strong> do so by the bank, (whether during your employment or<br />
after its termination), you shall at the expense of the bank or such Group company as<br />
the bank may direct:<br />
• apply or join with the bank or such Group company in applying for letters patent or<br />
other protection or registration in the United Kingdom and in any other part of the<br />
world for any such Intellectual Property; and<br />
• execute and do all instruments and things necessary for vesting the said letters<br />
patent or other protection or registration when obtained and all right title and<br />
interest <strong>to</strong> and in the same absolutely and as sole beneficial owner in the bank or<br />
such Group company or in such other person as the bank may specify.<br />
27
You agree that you irrevocably and unconditionally waive all rights:<br />
• if you are a UK based employee, under Chapter IV of the Copyrights, Designs and<br />
Patents Act 1988;<br />
• if you are a Jersey based employee, under Copyright Droits d’auteur, Loi (1913) au<br />
sujet des, Copyright (Transitional Extension) Order 1959 and the Copyright Act<br />
1956;<br />
• if you are a Guernsey based employee, under Copyright (Bailiwick of Guernsey)<br />
Ordinance 2005; and<br />
• if you are an Isle of Man based employee, under part IV of the Copyright Act 1991<br />
(as amended),<br />
in connection with your authorship of any existing or future copyright work, in<br />
whatever part of the world such rights may be enforceable.<br />
Nothing in this clause shall be construed as restricting your rights or those of the bank<br />
under:<br />
• if you are a UK based employee, the Patents Act 1977 and in particular sections 39<br />
<strong>to</strong> 43 Patents Act 1977;<br />
• if you are a Jersey based employee, the Patents (Jersey) Law 1957;<br />
• if you are a Guernsey based employee, under Copyright (Bailiwick of Guernsey)<br />
Ordinance 2005; and<br />
• if you are an Isle of Man based employee, the Patents Act 1977 and, in particular,<br />
sections 39 <strong>to</strong> 42 thereof as extended and applied in the Isle of Man by Order in<br />
Council.<br />
1.16 Employee Records<br />
In accordance with data protection legislation, it is important that the bank's<br />
confidential personal records are maintained as accurately as possible. You must record<br />
any change in your personal circumstances (such as a change of your name, address or<br />
marital status) in the way set out in the Human Resources Procedures Manual (Personal<br />
detail change), which is available on the bank’s intranet.<br />
Employees in a position regulated by the Financial Services Authority, the Jersey<br />
Financial Services Commission, the Guernsey Financial Services Commission or the<br />
Isle of Man Financial Supervision Commission must also ensure that any adverse<br />
change in their credit or other status is notified <strong>to</strong> their line manager, as this may affect<br />
their standing with their regula<strong>to</strong>r.<br />
1.17 Notice Periods<br />
1.17.1 Termination of employment by the <strong>Bank</strong><br />
Employees are entitled <strong>to</strong> a minimum notice period of termination from the bank, as set<br />
out below, or <strong>to</strong> any such longer period as may be statu<strong>to</strong>rily required, unless your<br />
employment is terminated summarily on the grounds of gross misconduct.<br />
The bank's notice may be handed <strong>to</strong> you personally or sent <strong>to</strong> your last recorded<br />
address.<br />
28
Notice periods applicable when the bank terminates your contract of employment are<br />
currently as follows:<br />
(i)<br />
Clerical Grades and Management Bands up <strong>to</strong> and including and all<br />
Regulated Sales Bands.<br />
Service<br />
Less than five<br />
complete years<br />
of continuous<br />
employment:<br />
Jersey<br />
minimum<br />
notice<br />
One calendar<br />
month<br />
Guernsey<br />
minimum<br />
notice<br />
One calendar<br />
month<br />
Isle of Man<br />
minimum<br />
notice<br />
One calendar<br />
month<br />
UK minimum<br />
notice:<br />
One calendar<br />
month<br />
After 5<br />
complete years<br />
of continuous<br />
employment<br />
but less than<br />
10 complete<br />
years of<br />
continuous<br />
employment:<br />
10 or more<br />
complete years<br />
of continuous<br />
employment<br />
but less than<br />
15 years’ of<br />
continuous<br />
employment:<br />
8 weeks up <strong>to</strong> One week per<br />
8 complete completed year<br />
years of of continuous<br />
continuous employment<br />
employment<br />
and then one<br />
week per<br />
completed year<br />
of continuous<br />
employment<br />
12 weeks One week per<br />
completed year<br />
of continuous<br />
employment<br />
up <strong>to</strong> a<br />
maximum<br />
12 weeks<br />
of<br />
One week per<br />
completed year<br />
of continuous<br />
employment<br />
One week per<br />
completed year<br />
of continuous<br />
employment<br />
up <strong>to</strong> a<br />
maximum of<br />
12 weeks<br />
One week per<br />
completed year<br />
of continuous<br />
employment<br />
One week per<br />
completed year<br />
of continuous<br />
employment<br />
up <strong>to</strong> a<br />
maximum of<br />
12 weeks<br />
15 or more<br />
years of<br />
continuous<br />
employment:<br />
16 weeks 12 weeks 12 weeks 12 weeks<br />
If, however, your employment ends on grounds of redundancy you will be entitled <strong>to</strong><br />
any period of notice which may apply at the time of the redundancy under any<br />
applicable security of employment policy with any trade union or other such<br />
representative body.<br />
(ii) Bands GCB3 and above<br />
The bank will give you at least six calendar months' notice.<br />
1.17.2 Termination of employment by You<br />
(i) Clerical Grades and Management Bands up <strong>to</strong> and including GCB4 and all<br />
Regulated Sales Bands<br />
29
Unless otherwise agreed, you are required <strong>to</strong> give the bank at least one calendar<br />
month's notice in writing, which you must ensure is received by your line manager<br />
before the notice begins <strong>to</strong> run.<br />
Verbal resignations will not be accepted.<br />
(ii) Bands GCB3 and above<br />
Unless otherwise agreed, you are required <strong>to</strong> give the bank at least three calendar<br />
months' notice in writing, which you must ensure is received by your line manager<br />
before the notice begins <strong>to</strong> run.<br />
Verbal resignations will not be accepted.<br />
1.17.3 Garden Leave<br />
This paragraph applies <strong>to</strong> any notice period, regardless of whether notice was given by<br />
you, or by the bank.<br />
The bank shall be under no obligation <strong>to</strong> provide you with any work and may at any<br />
time require you <strong>to</strong> s<strong>to</strong>p carrying out your duties and <strong>to</strong> no longer attend your place of<br />
work (often known as ‘garden leave’) or contact any employees, offices, officers,<br />
cus<strong>to</strong>mers or clients of the bank for the duration of the notice period. Alternatively, the<br />
bank may provide you with work of a different nature <strong>to</strong> that which you would<br />
normally perform under your contract of employment, and at a different location,<br />
during your notice period.<br />
During any such period you will continue <strong>to</strong> be bound by the terms and conditions of<br />
your contract of employment (including but not limited <strong>to</strong> the implied duty of good<br />
faith) and you will receive pay and most benefits in the normal way. You will not<br />
accrue any incentive payment in respect of any period when you are not required <strong>to</strong><br />
carry out your duties and attend work and any commission will only be paid in respect<br />
of credits already earned prior <strong>to</strong> the date upon which you are placed on garden leave.<br />
If you have any accrued, but untaken leave, you will be deemed <strong>to</strong> have taken this<br />
during any such period when you are not carrying out your duties and in attendance at<br />
work, provided that you are not carrying out any work on behalf of the bank during<br />
such a period.<br />
1.18 Return of Property<br />
On the termination of your employment for whatever reason, or at any time at the<br />
bank's request, you must immediately deliver <strong>to</strong> the bank, or <strong>to</strong> anyone specified by the<br />
bank, any and all books, documents, records, computer hardware and software and<br />
other disks or tapes kept or made by you and in your possession or control relating <strong>to</strong><br />
the bank’s business, your computer, mobile, blackberry, any materials, credit cards,<br />
keys, passes, cars, equipment or other property (including any copies, drafts, extracts,<br />
summaries or reproductions of such property) belonging <strong>to</strong> or related <strong>to</strong> the business of<br />
the bank, or any other company within the <strong>HSBC</strong> Group, its or their clients, cus<strong>to</strong>mers<br />
30
or suppliers and you must not retain any other documentation or property of the bank,<br />
or the <strong>HSBC</strong> Group, in your possession or control.<br />
1.19 Competition Obligations<br />
1.19.1 Confidential Information<br />
Following termination of your employment, you will continue <strong>to</strong> be bound by your<br />
obligations of confidentiality, as set out in 1.14. In particular, you shall not divulge,<br />
use, or in any other way cause <strong>to</strong> enter in<strong>to</strong> the possession of a third party, any lists or<br />
details of cus<strong>to</strong>mers, or products, or any item of confidential information, or knowledge<br />
that was gained by virtue of your employment, or in respect of which the bank or any<br />
company in the <strong>HSBC</strong> Group is bound by an obligation of confidence <strong>to</strong> a third party.<br />
1.19.2 Restrictive Covenants<br />
If you are a senior management band employee (being GCB3 and above), the following<br />
additional obligations apply:<br />
(i) For a period of six months commencing with the date of the termination of your<br />
employment (the “Relevant Period”) with the bank you will not, whether on your<br />
own behalf or with or on behalf of any other person, company, firm or other<br />
organisation, directly or indirectly, whether by yourself, by your employees or<br />
agents or otherwise howsoever, approach, solicit, canvass, or advise, sell <strong>to</strong> or offer<br />
<strong>to</strong> sell <strong>to</strong>, or interfere with or endeavour <strong>to</strong> entice away, or cause <strong>to</strong> be approached,<br />
solicited, canvassed, advised, sold <strong>to</strong> or offer <strong>to</strong> be sold <strong>to</strong>, or interfered with or<br />
enticed away from the bank for the purpose of offering or performing banking or<br />
related financial services <strong>to</strong> any cus<strong>to</strong>mer or client or potential cus<strong>to</strong>mer or client of<br />
the bank with whom you have had personal contact in respect of offering or<br />
performing banking or related financial services – whether by way of a meeting,<br />
telephone, letter or otherwise – during the period of six months immediately<br />
preceding the date of termination of your employment.<br />
(ii) During your employment and for the Relevant Period commencing with the date<br />
of the termination of your employment either on your own account or with or for<br />
any other person, firm, company or organisation, you will not directly or indirectly,<br />
whether by yourself, by your employees or agents or otherwise howsoever,<br />
approach, solicit, canvass, or advise, sell <strong>to</strong> or offer <strong>to</strong> sell <strong>to</strong>, or interfere with or<br />
endeavour <strong>to</strong> entice away, or cause <strong>to</strong> be approached, solicited, canvassed, advised,<br />
sold <strong>to</strong> or offer <strong>to</strong> be sold <strong>to</strong>, or interfered with or enticed away from the bank, any<br />
employee of the bank or <strong>HSBC</strong> Group of band GCB5 or above with whom you<br />
have worked in the previous six months or, in the case of termination, in the six<br />
months prior <strong>to</strong> your termination, for the purpose of enticing the employee away<br />
from the bank or discouraging the employee from being employed by the bank or<br />
the relevant Group company.<br />
(iii)The restrictions set out at clauses 1.19.2 (i) and (ii) shall only apply <strong>to</strong> banking<br />
or other related financial services which are similar <strong>to</strong> or competing with the bank’s<br />
financial products or services which were developed by you (or whose development<br />
was known <strong>to</strong> you), or which were offered for sale, or advised upon or serviced or<br />
supervised by you during the six months prior <strong>to</strong> the termination of your<br />
31
employment. The restrictions shall not apply <strong>to</strong> the taking out of financial services,<br />
in the ordinary course of usage, by you or your immediate family.<br />
(iv) The Relevant Period set out at clauses 1.19.2 (i) and (ii) shall be reduced by the<br />
period of time (if any) that you are required by the bank not <strong>to</strong> undertake any active<br />
employment duties, prior <strong>to</strong> the termination of your employment (commonly known<br />
as ‘garden leave’) as set out in clause 1.17.3.<br />
(v) You acknowledge that the duration, extent and application of each of these<br />
restrictions are no greater than is necessary for the protection of the legitimate<br />
business interests of the bank and you agree having regard <strong>to</strong> the circumstances of<br />
your employment and duties that those covenants do not work unfairly or harshly<br />
upon you.<br />
(vi) Whilst these restrictions are accepted by all parties <strong>to</strong> be reasonable in all the<br />
circumstances it is agreed that if any such restriction shall be judged by a court of<br />
competent jurisdiction <strong>to</strong> go beyond what is properly considered reasonable in all<br />
the circumstances but would be adjudged <strong>to</strong> be reasonable if part or parts of the<br />
wording thereof were deleted then you agree that the restriction shall continue <strong>to</strong><br />
apply save for the deletion of the offending part.<br />
(vii) Each of these sub-clauses shall be deemed <strong>to</strong> constitute a separate agreement<br />
with the bank, for the benefit of the <strong>HSBC</strong> Group.<br />
(viii) You acknowledge that damages will not be an adequate remedy for any<br />
breach of the restrictions set out at clauses 1.19.2 (i) and (ii) and you shall not seek<br />
<strong>to</strong> resist an application for an injunction in respect of any breach or threatened<br />
breach of any or all of the restrictions on the grounds that there is an alternative<br />
adequate remedy in damages.<br />
Specific obligations apply <strong>to</strong> Salesforce employees on G Grades and are set out in the<br />
offer letter provided <strong>to</strong> such employees.<br />
1.20 Disciplinary<br />
1.20.1 Rules and Procedure<br />
Contravention of any of the terms of your contract of employment or the bank’s<br />
standards of conduct, rules, regulations, compliance requirements and other rules which<br />
may apply <strong>to</strong> you is viewed most seriously and will normally result in disciplinary<br />
action (which could include dismissal) being taken under the bank's Disciplinary<br />
Procedures.<br />
The bank’s Disciplinary Procedures are set out in the HR Procedures Manual, which is<br />
available from your line manager or on the bank’s intranet at your place of work.<br />
If you are dissatisfied with a disciplinary decision relating <strong>to</strong> you, then you can appeal<br />
<strong>to</strong> HR Connect (Employee Relations Team, HR Connect, Mayfields Court, Maylands<br />
Avenue, Hemel Hempstead Herts, HP2 4SE) or <strong>to</strong> any other person identified for that<br />
purpose in the Disciplinary Procedures. Such appeals will normally be held by a level<br />
of management above the level responsible for the decision. Full details of how <strong>to</strong> go<br />
32
about this and the steps that follow such an application are set out in full in the<br />
Disciplinary Procedures.<br />
1.20.2 Disciplinary Sanctions<br />
Where you have been the subject of disciplinary action under the Disciplinary<br />
Procedures and after the procedure has been exhausted it is decided a disciplinary<br />
sanction, short of dismissal, should be imposed, the bank may impose on you one or<br />
more of the following sanctions:-<br />
(a)<br />
(b)<br />
(c)<br />
(d)<br />
(e)<br />
a disciplinary transfer <strong>to</strong> an alternative place of work;<br />
a downgrading with reduction in pay;<br />
forfeiture of pay; loss of a specified amount of pay related <strong>to</strong> an offence(s);<br />
s<strong>to</strong>ppage/postponement of your next pay award, either salary and/or incentive<br />
payment;<br />
reduction in pay,<br />
either in addition <strong>to</strong> or in replacement of any other disciplinary sanction which appears<br />
appropriate <strong>to</strong> the particular circumstances.<br />
1.21 Grievance Procedure<br />
If you have a grievance related <strong>to</strong> your employment, you have a right <strong>to</strong> apply in<br />
writing for redress. You should normally raise this with your line manager, informally,<br />
in the first instance. Full details of how you should go about this and how your<br />
grievance will be dealt with are set out in the bank’s Grievance Procedure. The<br />
Grievance Procedure is set out in the HR Procedures Manual, which is available on the<br />
bank’s intranet at your place of work.<br />
1.22 Variation and Changes<br />
Any variations and changes <strong>to</strong> your individual terms and conditions of employment will<br />
be notified <strong>to</strong> you in writing within one month of the change(s), either by circular or via<br />
your pay statement.<br />
1.23 Collective Agreement and Employee Representation<br />
1.23.1 Employee Representation<br />
The bank currently has a collective agreement with Unite in respect of clerical grades.<br />
Matters relating <strong>to</strong> pay and conditions of service are subject <strong>to</strong> negotiation and/or<br />
consultation.<br />
If you are employed in a clerical grade, whether or not you are a member of Unite, from<br />
time <strong>to</strong> time your terms and conditions will be subject <strong>to</strong> variation following<br />
negotiations and/or consultations under this agreement, which will be notified <strong>to</strong> you by<br />
circular within one month of the change.<br />
1.23.2 Offshore Managers’ Forum<br />
Consideration of issues relating <strong>to</strong> management grade employees up <strong>to</strong> and including<br />
band GCB4 and equivalent Salesforce bands is currently through the Offshore<br />
Managers’ Forum, representing business areas across the bank. The Forum is composed<br />
of elected representatives drawn from managers in the grades set out above (from each<br />
33
of the Offshore Islands), a representative elected by Unite managerial members, and a<br />
full time Unite official responsible for <strong>HSBC</strong> <strong>Bank</strong> issues.<br />
1.24 Definition of Group<br />
“<strong>HSBC</strong> Group” or the “Group” means, for the purpose of these terms and conditions,<br />
<strong>HSBC</strong> Holdings plc and any company that for the time being is a holding company of<br />
<strong>HSBC</strong> Holdings plc or a subsidiary of <strong>HSBC</strong> Holdings plc or a subsidiary of a holding<br />
company of <strong>HSBC</strong> Holdings plc (and the terms subsidiary and holding company shall<br />
have the meanings ascribed there<strong>to</strong> by sections 736 and 736A Companies Act 1985)<br />
and/or an associated employer of <strong>HSBC</strong> Holdings plc as defined in section 231 of the<br />
Employment Rights Act 1996 and “Group company” means a company in the Group.<br />
1.25 Rights of Third Parties<br />
For the information of HIUL employees, the Contracts (Rights of Third Parties) Act<br />
1999 in the UK allows persons (including companies) <strong>to</strong> gain rights under a contract,<br />
even if they are not a party <strong>to</strong> the contract, unless the contract states otherwise.<br />
For the information of HIUL employees, no person who is not a party <strong>to</strong> this contract<br />
has or shall have any rights under the Act <strong>to</strong> enforce any term of this contract. No<br />
consent of any third party shall be required under that Act <strong>to</strong> terminate or change this<br />
contract.<br />
34
2. CODE OF BUSINESS ETHICS AND RESPONSIBLE BEHAVIOUR (‘THE<br />
CODE’)<br />
<strong>Bank</strong>ing is a business founded on mutual trust and public confidence. These attributes<br />
have <strong>to</strong> be earned and sustained over a long period by the successive generations of<br />
people who work in the business and can be lost overnight by irresponsible or unethical<br />
behaviour. The purpose of this Code is <strong>to</strong> set out in some detail the enduring principles<br />
which have traditionally been observed throughout the bank. They fall under three<br />
general principles - integrity, fidelity and self-respect - basic qualities which the bank<br />
expects of every employee. They also include certain corporate values <strong>to</strong> which the<br />
bank subscribes and which must govern our business ethics.<br />
These qualities are also reflected in the Core Standards of Behaviour which form part<br />
of the performance measurement process. The Core Standards of Behaviour are set out<br />
at 2.5 of the Handbook.<br />
Whilst the Code is not contractual, it does form part of the general standards of conduct<br />
which the bank expects all employees <strong>to</strong> reach. Failure <strong>to</strong> abide by the Code may result<br />
in disciplinary action being taken against you, which could include dismissal.<br />
The Code (including the Core Standards of Behaviour) may be altered or modified from<br />
time <strong>to</strong> time by notice <strong>to</strong> you or by circular.<br />
2.1 Integrity<br />
Integrity implies being fully worthy of the trust placed in us by our clients and<br />
employer by being honest, impartial and truthful. This means:<br />
• Acting at all times in an honest and upright manner both in our corporate and<br />
personal dealings, recognising that our personal conduct may reflect on the bank.<br />
• Scrupulously refraining from illegal, fraudulent, dishonest or unethical behaviour,<br />
particularly in relation <strong>to</strong> financial and/or business dealings.<br />
• Never using confidential information for personal gain or abusing the trust placed in<br />
us by the bank and our cus<strong>to</strong>mers.<br />
• Avoiding conflict between self-interest and the interest of the employer or<br />
cus<strong>to</strong>mer, and being ready and willing <strong>to</strong> disclose any potentially compromising or<br />
conflicting business relationships or shareholdings.<br />
• Ensuring that where the employment of relatives of existing employees is being<br />
considered that the existing employee is not involved in the decision making<br />
process of recruitment, salary, promotion or retention. In addition, relatives should<br />
not be involved in the transacting, processing or auditing of the same activity. It is<br />
important <strong>to</strong> ensure that there are no conflicts of interest in the roles of the relatives.<br />
• Observing rules for personal dealings in securities.<br />
• Avoiding gifts, services or hospitality, on a scale which could be interpreted as<br />
affecting integrity or the ability <strong>to</strong> exercise independent judgement (see also the<br />
rules at 3.6 of this Handbook).<br />
• Declining secondary employment or offers of consultancies or direc<strong>to</strong>rships, except<br />
as may be provided for by your offer letter or expressly approved in advance in<br />
writing by the bank (see also the rules at 3.5 of this Handbook).<br />
35
2.2 Fidelity<br />
Fidelity in banking embraces duties of loyalty, confidentiality and citizenship in<br />
relation <strong>to</strong> the affairs of the bank and our cus<strong>to</strong>mers. This means:<br />
• Promoting the good standing and name of the bank and defending it against<br />
unwarranted criticism.<br />
• Marketing by personal example, including normally conducting your banking and<br />
financial services needs through the bank.<br />
• Ensuring that any undertakings given are within our personal capacity and fully<br />
honoured.<br />
• Safeguarding all the bank’s information and restricting access <strong>to</strong> any confidential or<br />
sensitive documents.<br />
• Keeping our cus<strong>to</strong>mers' business, financial and personal affairs confidential by not<br />
disclosing information <strong>to</strong> third parties without their express consent, except where<br />
required by law or established banking practice.<br />
• Taking care over our communications – oral, written or electronic – <strong>to</strong> prevent<br />
others acquiring confidential information.<br />
• Complying fully with the laws and regulations of all countries in which we do<br />
business and with the published codes of relevant institutions.<br />
• Not knowingly engaging in business which might in any way be associated with, or<br />
regarded as supportive of, illegal or criminal activities, construed as bribery or<br />
corruption or, which would be contrary <strong>to</strong> the national interest of the United<br />
Kingdom or the Offshore Islands.<br />
2.3 Self-Respect<br />
Self respect is enhanced by professionalism, good citizenship and conscientiousness.<br />
This means:<br />
• Maintaining your dignity and promoting that of fellow employees, by not bullying<br />
or victimising colleagues for any reason and by promoting equal opportunities<br />
within the bank.<br />
• Acquiring the necessary skills, knowledge and experience <strong>to</strong> conduct business<br />
dealings or tasks in a professional manner and keeping abreast of current<br />
developments.<br />
• Acting with the utmost courtesy at all times.<br />
• Giving due consideration not just <strong>to</strong> the immediate financial effects of decisions but<br />
also their wider implications.<br />
• Avoiding practices which could make you vulnerable <strong>to</strong> financial difficulties or<br />
which could lead <strong>to</strong> malpractice e.g. gambling (except for very modest stakes).<br />
• Seeking help and advice from colleagues where difficulties arise in matters of<br />
professional judgement or conduct and adopting an approach of openness and<br />
teamwork.<br />
2.4 Corporate Values (in relation <strong>to</strong> personal conduct)<br />
These include:<br />
• Not knowingly allowing the bank <strong>to</strong> place itself in a position where its duty <strong>to</strong> one<br />
cus<strong>to</strong>mer or client conflicts with its duty <strong>to</strong> another.<br />
• Ensuring that the provision of banking services (particularly where this may involve<br />
credit facilities) <strong>to</strong> suppliers or potential suppliers of goods and services <strong>to</strong> the bank,<br />
is considered on a wholly objective basis and not tied <strong>to</strong> any form of reciprocal<br />
agreement.<br />
36
• Observing the spirit and letter of regula<strong>to</strong>ry requirements, recognising that the<br />
Financial Services Authority (in the UK) and the Offshore Islands’ equivalent<br />
regula<strong>to</strong>ry authorities exercise supervisory responsibility for the <strong>HSBC</strong> Group as a<br />
whole and not just over its banking subsidiaries registered in the United Kingdom<br />
or Offshore Islands.<br />
• Maintaining bank records and systems so that all transactions are recorded in an<br />
accurate and prompt fashion and not falsifying records or obscuring, omitting or<br />
misrepresenting facts in records or communications.<br />
• Reporting <strong>to</strong> the appropriate internal level of authority any behaviour which<br />
contravenes the law, regula<strong>to</strong>ry requirements, or the spirit of this Code.<br />
2.5 Core Standards of Behaviour<br />
The <strong>HSBC</strong> Group has integrity, trust and excellent cus<strong>to</strong>mer service at the heart of its<br />
values. Application of these in all that we do builds our reputation, unites us, sets us<br />
apart from the competition and ultimately makes us even more successful.<br />
Active Listening<br />
• Listening carefully <strong>to</strong> cus<strong>to</strong>mers and colleagues giving them undivided attention<br />
and asking thoughtful questions <strong>to</strong> confirm facts.<br />
• Being genuinely concerned about others and ready <strong>to</strong> act in their best interests.<br />
Understanding<br />
• Greeting cus<strong>to</strong>mers, clients, and colleagues in a polite, friendly and personalised<br />
manner.<br />
• Demonstrating a pleasant, enthusiastic, helpful manner when dealing with<br />
cus<strong>to</strong>mers, clients, colleagues and other people whom we work with or who work in<br />
our premises.<br />
• Communicating relevant information clearly and accurately.<br />
• Treating all cus<strong>to</strong>mers, clients, colleagues and other people whom we work with or<br />
who work in our premises, with dignity and respect, ensuring that each receives the<br />
very best service.<br />
• Handling all cus<strong>to</strong>mer, client and colleague enquiries, instructions and complaints<br />
promptly, willingly, accurately and efficiently.<br />
Freedom <strong>to</strong> Deliver<br />
• Taking pride in providing excellent cus<strong>to</strong>mer service and personal responsibility for<br />
getting things right first time.<br />
• Positively challenging existing processes in order <strong>to</strong> improve the quality of service<br />
and remove the barriers that impede us from deepening our relationship with<br />
cus<strong>to</strong>mers and clients.<br />
• Adopting a 'can do' approach and taking appropriate action <strong>to</strong> meet the needs of<br />
cus<strong>to</strong>mers, clients and colleagues.<br />
Integrity<br />
• Acting in an open and honest way, recognising that personal conduct reflects on the<br />
bank.<br />
• Attending work and carrying out your duties regularly and punctually and being<br />
committed <strong>to</strong> the team effort.<br />
• Actively promoting <strong>HSBC</strong> as a reputable organisation.<br />
37
• Maintaining appropriate standards of responsible behaviour, dress and appearance.<br />
Straightforward<br />
• Welcoming feedback and readily apologising when mistakes have been made.<br />
• Addressing all matters, particularly difficult issues, with frankness, facts and tact.<br />
• Ensuring that all commitments given are achievable and fully honoured.<br />
Forward Thinking<br />
• Developing skills and knowledge required <strong>to</strong> do your current job well and improve<br />
your own performance.<br />
• Being adaptable and maintaining a positive approach <strong>to</strong> change.<br />
• Thinking ahead and anticipating cus<strong>to</strong>mers' and colleagues' needs.<br />
Teamwork<br />
• Sharing knowledge, best practice and experience <strong>to</strong> support colleagues in the<br />
achievement of their goals.<br />
• Leading by example, contributing <strong>to</strong> team morale.<br />
• Actively contributing <strong>to</strong> the overall team effort.<br />
• Treating all colleagues with dignity and respect.<br />
• Placing team goals before own individual goals, if appropriate.<br />
38
3. RULES AND REGULATIONS<br />
Whilst the bank’s Rules and Regulations do not form part of your contractual terms and<br />
conditions of employment, they do form part of the general standards of conduct which<br />
the bank requires all employees <strong>to</strong> maintain. Failure <strong>to</strong> abide by any of the Rules and<br />
Regulations may result in disciplinary action being taken against you, which could<br />
include dismissal.<br />
These Rules and Regulations may be altered or modified at any time by notice <strong>to</strong> you or<br />
by circular.<br />
3.1 General<br />
You must not act at any time in any way which, in the opinion of the bank, might cause<br />
the bank <strong>to</strong> be brought in<strong>to</strong> disrepute.<br />
You must at all times act with the utmost integrity and honesty in all your personal and<br />
business dealings.<br />
You must report any known breaches of Rules or Regulations, including those by<br />
fellow employees, <strong>to</strong> your line manager or another appropriate manager as soon as you<br />
become aware of them.<br />
3.2 Security and Fraud Prevention<br />
In the interests of security, fraud prevention, your safety and cus<strong>to</strong>mer service, the bank<br />
reserves the right <strong>to</strong>:<br />
• Issue security passes, which may include a pho<strong>to</strong>graphic image of you;<br />
• Search any baggage carried by employees (including hand baggage and parcels of<br />
any description) or vehicles entering or leaving bank premises;<br />
• Carry out checks on your educational and professional background and undertake<br />
criminal record checks (as and when permitted by the law of the UK or the relevant<br />
Offshore Island as appropriate) and/or credit reference checks;<br />
• Carry out telephone and CCTV moni<strong>to</strong>ring in <strong>HSBC</strong>’s workplace; and<br />
• Moni<strong>to</strong>r the use of e-mail, the internet, voicemail and text messages sent <strong>to</strong> bank<br />
telephones (mobile or otherwise), which have either originated from or been<br />
received via bank equipment. The bank will issue appropriate notification should<br />
any further moni<strong>to</strong>ring be necessary in addition <strong>to</strong> the above.<br />
In addition, in the interests of security and fraud prevention, the bank reserves the right<br />
<strong>to</strong> inspect bank accounts and other facilities held by any employee.<br />
Fraud prevention databases have been established for the purpose of allowing<br />
employers <strong>to</strong> share data on their employment fraud cases. Should our investigations<br />
identify fraud or the commission of any criminal offence by you (on your part) when<br />
applying for, or during the course of your employment with us, we will record the<br />
details of this on the relevant fraud prevention databases. We and other organisations<br />
may also access this information <strong>to</strong> prevent fraud and money laundering<br />
Where an employee has committed an act of dishonesty either in relation <strong>to</strong> Group<br />
funds or cus<strong>to</strong>mer accounts then the act should be reported <strong>to</strong> the appropriate<br />
authorities and support provided in relation <strong>to</strong> any prosecution. As appropriate, refunds<br />
39
of any misappropriated monies should be made <strong>to</strong> the cus<strong>to</strong>mer. Notification should<br />
also be made <strong>to</strong> the Group’s insurers.<br />
You should also be aware that any information or evidence gained from such<br />
moni<strong>to</strong>ring may be admitted as evidence in disciplinary situations.<br />
3.3 Communications<br />
You are expected at all times <strong>to</strong> maintain the highest standards of professionalism and<br />
integrity in all that you do, including your communications with colleagues, cus<strong>to</strong>mers,<br />
clients and the public. These standards apply <strong>to</strong> communications that are verbal, written<br />
(e.g. memo, letter, report) and electronic (including, but not limited <strong>to</strong> fax, e-mail,<br />
mobile phone text messages, telephone, voicemail or the internet). If sensitive or<br />
confidential information needs <strong>to</strong> be sent by email <strong>to</strong> external parties it should only be<br />
transmitted using encryption because unencrypted data could be intercepted and used <strong>to</strong><br />
commit fraud and/or <strong>to</strong> damage the reputation of the bank.<br />
3.4 Personal Finance<br />
You are expected at all times <strong>to</strong> conduct your personal finances in accordance with the<br />
bank's rules and conditions under which financial facilities are granted <strong>to</strong> you.<br />
You must not borrow money by overdrawing your bank account without prior<br />
authority. If you are in financial difficulty, you must consult Cus<strong>to</strong>mer Credit Services<br />
or your account-holding manager for advice immediately.<br />
The rules and conditions under which financial facilities are granted <strong>to</strong> you by the bank<br />
from any source are set out in appropriate application forms and/or will be provided <strong>to</strong><br />
you at the time the facilities are granted <strong>to</strong> you. All employee borrowing is subject <strong>to</strong><br />
cus<strong>to</strong>mer lending criteria.<br />
You must not borrow from, or lend money <strong>to</strong>, cus<strong>to</strong>mers or other employees except in<br />
the course of authorised business.<br />
You must not gamble, except for very modest stakes, and must never put yourself in a<br />
situation where you are financially reliant upon the outcome of a bet or financial<br />
speculation.<br />
You must gain the prior agreement in writing of your General or Executive Manager if<br />
you wish <strong>to</strong> be a personal guaran<strong>to</strong>r for any loan.<br />
3.5 Commitments Outside the <strong>Bank</strong>/Dual Employment<br />
You must gain the prior agreement in writing of a Senior Manager if you wish <strong>to</strong>:<br />
• take or continue with an additional job either inside or outside the bank;<br />
• become or remain a direc<strong>to</strong>r of a company;<br />
• engage in any other business – this includes business activities undertaken by<br />
whatever medium, including business interests in internet web <strong>site</strong>s; and/or<br />
• act as an execu<strong>to</strong>r, or administra<strong>to</strong>r, at<strong>to</strong>rney or trustee (except for near relatives i.e.<br />
spouse, partner, mother, father, grandparent, brother, sister, child, grandchild).<br />
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Permission will not be granted for you <strong>to</strong> take on any other role which could adversely<br />
affect your job with the bank, for example where it would mean you are unable <strong>to</strong> take<br />
proper rest periods as required by either the Working Time Regulations 1998 (UK<br />
only), or Article 10 of the Employment (Jersey) Law 2005 (Jersey only), or any other<br />
relevant working time law in your jurisdiction or which would subject you <strong>to</strong> an actual<br />
or possible monetary liability. Further guidelines are provided in the HR Procedures<br />
Manual (Commitments outside the Group) which is available on the bank’s intranet.<br />
3.6 Receiving Gifts and Benefits<br />
3.6.1 Employees working for HIUL<br />
You must not accept or give any gift (an item of monetary value), hospitality (lunches /<br />
dinners, attendance at sporting or cultural events, weekend breaks, holidays or travel<br />
arrangements), or other personal benefit (bequests, favours, services, loans, fees,<br />
anything else of monetary value) from or <strong>to</strong> any third party (external product provider,<br />
professionals such as accountants and lawyers, non <strong>HSBC</strong> suppliers of services,<br />
cus<strong>to</strong>mers) which is likely <strong>to</strong> influence (or which other people may think likely <strong>to</strong><br />
influence) your judgement or conflict with your duties <strong>to</strong> any cus<strong>to</strong>mer or member of<br />
the <strong>HSBC</strong> Group.<br />
In circumstances where a refusal <strong>to</strong> accept a gift / hospitality / other personal benefit<br />
would be considered discourteous, or the gift / hospitality / other personal benefit<br />
offered or received is of nominal value, is appropriate, will not conflict with your duties<br />
<strong>to</strong> the bank or cus<strong>to</strong>mer, and could not be construed as bribery, then the following<br />
thresholds apply:<br />
Gifts – value up <strong>to</strong> £50<br />
Hospitality – value up <strong>to</strong> £200<br />
Gifts – value over £50 (but for tax<br />
reasons must not exceed £250 pa per<br />
donor)<br />
Hospitality – value over £200<br />
All other personal benefits<br />
Gifts / hospitality / other personal<br />
benefits over the above thresholds, given<br />
or received by GCB2+<br />
No formal approval required<br />
Prior approval by GCB2 (or equivalent)<br />
For approval on a one up basis<br />
Gifts / hospitality / other personal benefit approval requests in excess of the above<br />
should be submitted <strong>to</strong> the approver in writing.<br />
Gifts / hospitality / other personal benefits related <strong>to</strong> FSA regulated investment business<br />
(except gifts / hospitality / other personal benefits from / <strong>to</strong> a cus<strong>to</strong>mer) are subject <strong>to</strong><br />
additional record keeping requirements. This is because, if requested by a cus<strong>to</strong>mer<br />
who is buying an investment product from <strong>HSBC</strong>, all gifts, hospitality / other personal<br />
benefits given and received by employees have <strong>to</strong> be disclosed <strong>to</strong> that cus<strong>to</strong>mer.<br />
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Should hospitality be received which after the event is valued at over £200 or more than<br />
20% higher than the sum originally anticipated and approved, retrospective approval<br />
should be obtained and documented.<br />
You should actively, but sensitively, discourage cus<strong>to</strong>mers and other third parties from<br />
offering any gifts / hospitality / other personal benefits of any kind.<br />
Additionally, you must conduct yourself in such a way as <strong>to</strong> avoid potentially<br />
embarrassing situations and reduce the chances of incurring a presumption of<br />
indebtedness.<br />
You should actively, but sensitively, discourage cus<strong>to</strong>mers, clients or suppliers from<br />
offering personal benefits of any kind (including all types of gifts, favours, services,<br />
loans or fees, or anything of monetary value).<br />
3.6.2 Employees working for HBIB or for <strong>HSBC</strong> <strong>Bank</strong> Plc on the Offshore Islands<br />
3.6.2.1 Gifts<br />
You do not have <strong>to</strong> report gifts of promotional items (pens, paperweights etc), gifts of<br />
up <strong>to</strong> £25 in value or ordinary business dinners and lunches.<br />
You must not accept gifts over £150 in value and must report any gifts worth between<br />
£25 and £150 <strong>to</strong> your line manager.<br />
You cannot accept any gift, bequest or inducement from any person which is likely <strong>to</strong><br />
influence (or which other people may think likely <strong>to</strong> influence) your judgement and<br />
similarly you cannot make gifts etc which would influence anyone else.<br />
Invitations <strong>to</strong> parties, functions and events count as gifts. You should not accept such<br />
invitations if you are receiving more than £150 in value (i.e. that is what you would<br />
have <strong>to</strong> pay <strong>to</strong> go). Travel costs <strong>to</strong> and from the UK or between the Offshore Islands<br />
may be disregarded.<br />
Approval <strong>to</strong> accept items exceeding the limits may be given by senior management<br />
(CEO or Deputy CEO) but this would be exceptional.<br />
You are referred <strong>to</strong> the Compliance Officer Handbook for further details on the bank’s<br />
policy in relation <strong>to</strong> bribery and corruption.<br />
3.6.2.2 Inducements / Third Party Incentive Payments<br />
From time <strong>to</strong> time product providers (referred <strong>to</strong> here as the “Third Party Company”)<br />
whose products the bank distribute offer amounts of money or other non-monetary<br />
incentives (referred <strong>to</strong> here as “incentives”) over and above what is paid <strong>to</strong> the bank in<br />
the normal course of doing business <strong>to</strong>gether. This could include, but is not limited <strong>to</strong>,<br />
making a direct payment <strong>to</strong> HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc or subsidising or meeting the cost<br />
of events and conferences at which HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc employees attend.<br />
For clarity, the term “Third Party” is deemed <strong>to</strong> refer <strong>to</strong> non-<strong>HSBC</strong> Group members.<br />
42
The following points must be considered when accepting and using such incentives.<br />
Basic Principle<br />
Any incentive received from a product provider whether in-house or a Third Party<br />
Company must not be allowed <strong>to</strong> influence the quality of advice, the product offered by<br />
a sales person, or the choice of the actual product provider. The interests of the<br />
cus<strong>to</strong>mer are paramount.<br />
With this basic principle in mind, provision of incentives (defined as funds received by<br />
the bank, or funds being earmarked by the Third Party Company but not <strong>to</strong> be paid<br />
directly <strong>to</strong> HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc or any other non-monetary incentives) may be<br />
accepted and used by HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc for the following purposes:<br />
o HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc convention-type events<br />
o Employee Incentives (monetary or non-monetary)<br />
o Cus<strong>to</strong>mer events<br />
o Employee training events<br />
General Guidelines<br />
HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc employees should only be directly rewarded for their efforts by<br />
HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc. Any incentive arrangement by a Third Party Company which<br />
is or is perceived <strong>to</strong> be a direct reward <strong>to</strong> employees, i.e. cash, is prohibited.<br />
The general rule is that incentives received from the Third Party Company should not<br />
be excessive or disproportionate <strong>to</strong> the value of the relationship with HBIB / <strong>HSBC</strong><br />
<strong>Bank</strong> plc. Whilst it is appreciated this may in some cases be a subjective assessment,<br />
senior management must be satisfied that the acceptance of such incentives is<br />
appropriate in the circumstances. Consideration must be given <strong>to</strong> the scale and the<br />
nature of the incentive being offered. In cases of doubt please seek further advice and<br />
guidance from Compliance.<br />
The receipt of any cash incentives must be disclosed <strong>to</strong> the relevant local Finance, Tax<br />
and Compliance Departments. In addition, because such incentives may impact on pay<br />
and compensation issues, local Human Resources should also be advised of all<br />
payments/earmarked funds/other incentives provided by Third Party Companies. In<br />
addition, local Compliance for affiliate or overseas offices needs <strong>to</strong> consider any local<br />
rules relating <strong>to</strong> the payment of “soft commissions” (non-cash benefits) especially in<br />
jurisdictions where disclosure of such soft commissions is a regula<strong>to</strong>ry requirement.<br />
The giving of ad-hoc incentives by the Third Party Company must not be contingent in<br />
any way on levels of business transacted by HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc with the Third<br />
Party Company. For the sake of clarity, HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc may however choose<br />
<strong>to</strong> distribute such incentives <strong>to</strong> its employees on achievement of set goals and measures,<br />
ensuring at all times such incentives do not encourage or reward inappropriate sales or<br />
behaviour.<br />
43
The acceptance of incentives must be unconditional although it is permitted <strong>to</strong> earmark<br />
money <strong>to</strong> meet the wishes of the Third Party Company, provided such wishes do not<br />
infringe any of the rules set out here. For example, a Third Party Company may wish an<br />
incentive payment <strong>to</strong> be used for training purposes. Any divergence from this must be<br />
discussed with the Third Party Company and only used with its agreement. If<br />
agreement cannot be reached then the money must be returned <strong>to</strong> the Third Party<br />
Company or used as originally intended.<br />
Incentives can only be accepted from a Third Party Company who appear either on the<br />
Best of Breed list or are a recognized <strong>HSBC</strong> supplier.<br />
Consideration must always be given <strong>to</strong> the reputational risk of being associated with the<br />
Third Party Company who provide such incentives.<br />
The acceptance of such incentive must be approved by the CEO or Deputy CEO in the<br />
CEO’s absence.<br />
Any exceptional request <strong>to</strong> operate outside of any of the guidelines contained here must<br />
be agreed by the Area Compliance Officer and approved by the CEO (or Deputy CEO<br />
in his / her absence) in writing prior <strong>to</strong> acceptance.<br />
Branding/ naming of inducements may not be made by the Third Party Company<br />
except where it is part of an incentive programme with many Third Party Companies<br />
where parts of the programme may be sub-branded.<br />
Special rules applicable <strong>to</strong> employee incentives<br />
Third Party Companies are not permitted <strong>to</strong> directly incentivise HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc<br />
employees, they may however fund an incentive provided by HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc.<br />
Third Party Company funded incentives should not be awarded for production or sales<br />
performance related solely <strong>to</strong> the Third Party Company. The only exception <strong>to</strong> this is<br />
where we have exclusivity arrangements with a company. Great care however must be<br />
taken <strong>to</strong> ensure that any such incentive does not undermine existing HBIB / <strong>HSBC</strong><br />
<strong>Bank</strong> plc incentive schemes and targeting arrangements by encouraging employees <strong>to</strong><br />
focus on one single product type such as insurance sales.<br />
In all cases our established rules, designed <strong>to</strong> avoid the creation of product or product<br />
provider bias, apply. It is important <strong>to</strong> stress that qualification for any award so funded,<br />
is <strong>to</strong> be determined solely by HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc and will only be ratified once<br />
confirmation is received that there is no evidence of inappropriate behaviour.<br />
Gifted money should not be earmarked for individual or specific rewards, for example,<br />
the cost of sending the <strong>to</strong>p performer on a holiday, or “the XYZ Company prize for the<br />
most improved sales person” etc. Any funding received should be included in the<br />
overall “incentive pot” which is then used <strong>to</strong> fund incentives determined by HBIB /<br />
<strong>HSBC</strong> <strong>Bank</strong> plc.<br />
44
You are referred <strong>to</strong> Compliance Guidance Notes on special rules applicable <strong>to</strong> local<br />
<strong>HSBC</strong> sales conventions, non-<strong>HSBC</strong> convention-type events and events where our<br />
cus<strong>to</strong>mers are invited.<br />
Reporting Requirements<br />
All Third Party Company offers <strong>to</strong> staff, other than meals or golf not involving travel,<br />
require approval of the Deputy CEO (or CEO in absentia) and logging at the time of<br />
acceptance. The log must include the nature of the event, who attended, how they were<br />
chosen, the estimated cost, what cost if any there was <strong>to</strong> HBIB / <strong>HSBC</strong> <strong>Bank</strong> plc (for<br />
example <strong>to</strong> get staff <strong>to</strong> the event) and whether the event was undertaken in personal<br />
time (weekend or leave taken) or work time. The log book will be reviewed quarterly<br />
and initialled by the Head of Compliance, Deputy CEO and CEO.<br />
3.7 Diversity<br />
3.7.1 The Central Role of Diversity<br />
Diversity is central <strong>to</strong> <strong>HSBC</strong>’s brand and we value the rich diversity, skills, abilities<br />
and creative potential that people from differing backgrounds and experiences bring <strong>to</strong><br />
the workplace. Good practice in the implementation of cus<strong>to</strong>mer and employee<br />
diversity policies sets us apart from our competi<strong>to</strong>rs and is crucial for business success.<br />
Every employee plays a vital role in providing quality service <strong>to</strong> all our cus<strong>to</strong>mers and<br />
helping <strong>to</strong> create an inclusive working environment, where everyone can realise their<br />
full potential.<br />
3.7.2 Your Obligations<br />
A key aspect of creating a diverse workplace and client base is the non-<strong>to</strong>leration of any<br />
form of discrimination in relation <strong>to</strong> sex, marital status, pregnancy, gender<br />
reassignment, race, colour, disability, sexual orientation, age, religion or other similar<br />
belief, ethnic or national origin.<br />
The bank will also not <strong>to</strong>lerate any form of harassment, victimisation or bullying of any<br />
kind.<br />
Discrimination, harassment, victimisation and bullying are extremely serious violations<br />
of your terms and conditions of employment. Any such behaviour is likely <strong>to</strong> lead <strong>to</strong><br />
disciplinary action and may result in your dismissal for gross misconduct.<br />
3.7.3 Assistance<br />
Further details are provided in the HR Procedures Manual (Diversity). In particular, if<br />
you believe you are the victim of any form of discrimination, harassment, victimisation<br />
or bullying you should follow the guidance and advice set out in the HR Procedures<br />
Manual (Diversity) which is available through the bank’s intranet, and you may also<br />
want <strong>to</strong> seek help from your line manager or from Openline, the bank’s confidential and<br />
free advice and information service.<br />
For further details on Openline, please refer <strong>to</strong> the Openline <strong>site</strong>, which is available on<br />
the bank’s intranet.<br />
3.8 Compliance with Financial Services Regulations and Rules<br />
45
3.8.1 Compliance Risk<br />
You must be fully aware of your responsibility <strong>to</strong> comply with applicable laws, rules<br />
and codes and <strong>to</strong> abide by all published compliance regulations including the bank's<br />
procedures for personal dealing in securities.<br />
In addition, all branch managers and other managers at band GCB5 and above have<br />
explicit responsibility (which is reflected in their job description) <strong>to</strong> implement the<br />
Group Compliance Policy by containing any compliance risk in conjunction with the<br />
relevant Compliance department. The term “compliance” embraces all relevant laws,<br />
rules and codes with which the business has <strong>to</strong> comply.<br />
3.8.2 Operational Risk<br />
All employees must ensure that they keep themselves abreast of changes <strong>to</strong> operating<br />
procedures and practices, advised legal and regula<strong>to</strong>ry requirements and the impact of<br />
new technology as appropriate <strong>to</strong> their specific roles.<br />
In addition managers must continually reassess the operational risks inherent in the<br />
business, taking account of changing economic or market conditions, legal and<br />
regula<strong>to</strong>ry requirements, operating procedures and practices, management<br />
restructurings, and the impact of new technology. Once identified, operational risks<br />
must be recorded in the Group Operational Risk Database Online Network (GORDON)<br />
as described in the Operations FIM, and appropriate measures should be taken <strong>to</strong><br />
minimise the bank's exposure <strong>to</strong> them.<br />
This requirement is contained within managerial and staff job descriptions and, if<br />
appropriate, should be converted in<strong>to</strong> a suitable performance objective for relevant<br />
individuals.<br />
All direct reports of the CEO and COO or equivalent, and, in turn, their direct reports<br />
must complete a formal takeover process when moving <strong>to</strong> a new role <strong>to</strong> ensure an<br />
orderly and documented transfer of management responsibility. Any breaches of<br />
internal or external rules / procedures / regulations / law identified during the takeover<br />
process must be detailed in a report submitted <strong>to</strong> the appropriate level of functional<br />
management which outlines the issues and proposes an appropriate remediation plan.<br />
3.8.3 Consumer Protection<br />
The Financial Services and Markets Act 2000 (“FSMA”), the Financial Services<br />
(Jersey) Law 1998, The Protection of Inves<strong>to</strong>rs (Bailiwick of Guernsey) Law 1987, as<br />
amended, the Investment Business Acts 1991-1993 (as amended) of the Isle of Man and<br />
the <strong>Bank</strong>ing Act 1998 (as amended) of the Isle of Man and the relevant local<br />
investment business legislation in the Offshore Islands require all companies<br />
undertaking “regulated activities” <strong>to</strong> be authorised by the appropriate regula<strong>to</strong>r: the<br />
Financial Services Authority (“FSA”), the Jersey Financial Services Commission<br />
(“JFSC”), the Guernsey Financial Services Commission (“GFSC”) and the Isle of Man<br />
Financial Supervision Commission (“IFSC”) and some individuals <strong>to</strong> be individually<br />
registered as an “Approved Person”. The FSA, JFSC, GFSC and IFSC set out detailed<br />
rules with which all authorised firms and individuals must comply. These rules must be<br />
followed whenever a regulated activity is undertaken. Further information on regulated<br />
46
activities can be found on the bank’s intranet and in the Business Instruction Manual –<br />
Compliance.<br />
Procedures which reflect regula<strong>to</strong>ry requirements are also incorporated in office<br />
procedures manuals and circulars. Observance of the Group’s policies and procedures<br />
will ensure that the interests of cus<strong>to</strong>mers, as well as the Group’s reputation, are<br />
protected and will minimise the risk of penalties being imposed upon a Group company<br />
and/or upon an employee, which can arise from non-compliance. In particular,<br />
employees must comply with the requirements of the Business Instruction Manual -<br />
Compliance and the Business Instruction Manual - Data Protection which can be<br />
accessed through the bank’s intranet <strong>site</strong>.<br />
As part of your job, you may be required <strong>to</strong> be registered as an Approved Person with<br />
the FSA, JFSC, GFSC or IFSC by way of a formal agreement. If so, this will require<br />
you not only <strong>to</strong> abide by the regula<strong>to</strong>rs’ principles and rules but additionally <strong>to</strong> accept<br />
personal responsibility for certain actions under the relevant legislation.<br />
3.8.4 Dealing Rules - Employee Dealing Procedures<br />
Personal dealing in securities by all employees is subject <strong>to</strong> specific procedures, which<br />
may be amended from time <strong>to</strong> time, and which must be strictly observed at all times. If<br />
you are a new employee, a copy of the guidelines <strong>to</strong> employees will be made available<br />
<strong>to</strong> you when you commence employment, and you should read them on receipt.<br />
If you wish <strong>to</strong> buy or sell securities (e.g. s<strong>to</strong>cks and shares, but see the procedures for a<br />
full list of what is deemed <strong>to</strong> be a security) you must observe the UK Employee<br />
Dealing Procedures which are relevant <strong>to</strong> Offshore employees as well as UK<br />
employees. These set out procedures and conditions <strong>to</strong> ensure that employees' dealings<br />
comply with the Group's policy, the Financial Services Authority regulations and the<br />
relevant criminal law including, the Insider Dealing Act (1998), the Company<br />
Securities (Insider Dealing) (Jersey) Law 1988, the Company Securities (Insider<br />
Dealing) (Bailwick of Guernsey) Law 1996 as amended and the Criminal Justice Act<br />
1993. It is very important for you <strong>to</strong> understand the implications of these regulations.<br />
In particular, you should read carefully the restrictions which apply if you are in<br />
possession of inside information. Dealing when in possession of such information,<br />
passing such information <strong>to</strong> others or procuring others <strong>to</strong> deal while in possession of<br />
such information can amount <strong>to</strong> criminal offences under the relevant legislation listed<br />
above. The laws on insider dealing are complex legislation and it is essential that the<br />
advice of your line manager is sought before dealing if you have any doubt about the<br />
transaction.<br />
There are special rules for dealing in <strong>HSBC</strong> Group Securities which affect certain<br />
employees.<br />
A full copy of the UK Employee Dealing Procedures is contained in the Business<br />
Instruction Manual – Compliance which is available on the bank’s intranet.<br />
Failure <strong>to</strong> observe the UK Employee Dealing Procedures may result in disciplinary<br />
action, including dismissal, being taken against you. You may also be subject <strong>to</strong><br />
criminal prosecution.<br />
47
3.8.5 Lending – Conflicts of Interest<br />
If you are involved in recommending or approving any credit facility or counterparty<br />
limit for a cus<strong>to</strong>mer in which you or any connected person have a significant<br />
investment, you must inform your line manager immediately in writing. Your line<br />
manager will need <strong>to</strong> be satisfied that the investment does not and will not influence<br />
approval of credit facilities or counterparty limits and keep a note of these details.<br />
A "connected person" is defined in the Business Instruction Manual – Compliance (UK<br />
Employee Dealing Procedures).<br />
A "significant investment" is defined as:<br />
• any investment in an unlisted company or partnership;<br />
• any other investment with a market value of £15,000 or more.<br />
Failure <strong>to</strong> comply with any of these requirements is likely <strong>to</strong> lead <strong>to</strong> disciplinary action<br />
and may result in your dismissal for gross misconduct.<br />
Employees with lending authority have specified limits set for their lending which are<br />
set out in a letter of authority given <strong>to</strong> them. Under no circumstances may you grant<br />
credit or loans outside the limits of authority which have been set for you.<br />
Employees with lending authority must not grant credit or loans <strong>to</strong> themselves, their<br />
immediate family, partners or friends, or <strong>to</strong> companies in which they, their immediate<br />
families, partners or friends have an interest, financial or otherwise.<br />
3.8.6 Money Laundering Deterrence<br />
You must abide by all published money laundering rules, regulations and procedures.<br />
'Money Laundering' is the name given <strong>to</strong> the process by which the identity of illegally<br />
obtained money is changed so that it appears <strong>to</strong> have originated from a legitimate<br />
source. <strong>Bank</strong>s and other financial institutions may be used unwittingly as intermediaries<br />
for the transfer or deposit of funds derived from criminal activity.<br />
Criminals and their associates use the financial system in order <strong>to</strong> hide the source and<br />
beneficial ownership of money by making payments and transfers of funds from one<br />
account <strong>to</strong> another, purchasing monetary instruments such as drafts and travellers<br />
cheques and using safe-deposit facilities <strong>to</strong> provide s<strong>to</strong>rage for bank notes. The process<br />
is also used in the financing of terrorism although the funds involved may not in<br />
themselves be the proceeds of a criminal act.<br />
The <strong>HSBC</strong> Group has developed and introduced a Money Laundering Deterrence<br />
Programme – Global Policy and Principles (GPPs) that generally reflects the antimoney<br />
laundering legislation in the UK. Each relevant business operation has<br />
introduced the appropriate internal procedures <strong>to</strong> ensure compliance with the GPPs and<br />
the local legislation where applicable.<br />
The following list is by no means comprehensive, but identifies some of the key aspects<br />
of which everyone dealing with cus<strong>to</strong>mers and clients should be aware:<br />
48
• care should be taken <strong>to</strong> verify the identity of all new clients (including in some<br />
situations those non-cus<strong>to</strong>mers for whom business is occasionally undertaken) and<br />
the ownership of all accounts properly established<br />
• be alert <strong>to</strong> unusual or large transactions which may give rise <strong>to</strong> suspicions<br />
• if you become suspicious that funds held on an account or transactions undertaken<br />
are related <strong>to</strong> criminal activity, you must report the matter <strong>to</strong> the Money Laundering<br />
Reporting Officer (“MLRO”) in accordance with local reporting requirements.<br />
Failure <strong>to</strong> report suspicions or failure <strong>to</strong> report where there are reasonable grounds<br />
for suspicion may lead <strong>to</strong> action being taken against you under the bank's procedure<br />
for gross misconduct.<br />
Within some jurisdictions (including the UK) local legislation imposes severe penalties<br />
on individuals (including possible imprisonment) on conviction of offences detailed<br />
under local law. All employees must therefore be constantly alert <strong>to</strong> their<br />
responsibilities and the risks <strong>to</strong> which they are exposed. The existing anti-money<br />
laundering legislation in the UK places personal responsibilities on all employees and<br />
provides that you are committing an offence if you:<br />
• know or suspect, or have reasonable grounds <strong>to</strong> know or suspect, that another<br />
person is engaged in money laundering and do not report your knowledge or<br />
suspicion; and/or<br />
• reveal in any way <strong>to</strong> a person (cus<strong>to</strong>mer, non-cus<strong>to</strong>mer or employee) that they<br />
are the subject of a report or an investigation.<br />
Further details can be found on the Offshore International Intranet / Resource Centre /<br />
AML & CTF Micro<strong>site</strong> or can be obtained from the Compliance team on 7981 6832<br />
(Internal) or 01534 606 832 (External). For UK based employees, further details are<br />
provided in the Business Instruction Manual – Compliance which is available on the<br />
bank’s intranet or can be obtained from the Money Laundering team on 799 17312<br />
(Internal) or 020 7991 7312 (External).<br />
3.9 Whistle-Blowing<br />
In the UK, the Public Interest Disclosure Act 1998 and the US Sarbanes-Oxley Act<br />
2002 are designed <strong>to</strong> provide employees, and other persons such as agency temps, with<br />
a procedure <strong>to</strong> disclose genuine concerns, which seem <strong>to</strong> involve unlawful conduct or<br />
financial malpractice, and <strong>to</strong> protect them from victimisation when making disclosures.<br />
This is why such disclosures are known as ‘protected disclosures’. The disclosure of<br />
wrongdoings within an organisation is commonly known as 'whistle-blowing'. In the<br />
Isle of Man the Employment Act 2006 and the Public Interest Disclosure (Permitted<br />
Persons) Order 2007 provide ‘whistleblowing protection’. No such statu<strong>to</strong>ry protection<br />
exists under either Guernsey or Jersey legislation.<br />
One of the bank's key business values is <strong>to</strong> be a fair and objective employer and so it<br />
has developed a procedure, in line with the above Acts, <strong>to</strong> help you raise any concerns<br />
about wrongdoings at work. Under the bank’s procedure the following are protected<br />
disclosures:<br />
1 Breaches of legal and regula<strong>to</strong>ry requirements by any Group company,<br />
including the committal of a criminal offence, a miscarriage of justice or a<br />
failure <strong>to</strong> comply with a legal obligation.<br />
49
2 Failure <strong>to</strong> adopt policies consistent with the Group Standards Manual.<br />
3 Fraud or deliberate error in the preparation, evaluation, review or audit of any<br />
financial statement.<br />
4 Fraud or deliberate error in the recording and maintaining of financial records of<br />
any Group company.<br />
5 Deficiencies in or non-compliance with any Group company’s internal<br />
accounting controls.<br />
6 Deviation from full and fair reporting of any Group company’s financial<br />
condition.<br />
7 Misrepresentation or false statement <strong>to</strong> or by a Group Executive Officer or<br />
Accountant regarding a matter contained in the financial reports or audit of any<br />
Group company.<br />
You can make a protected disclosure by reporting the matter <strong>to</strong> your line manager or<br />
Human Resources. However, any disclosures falling within categories 2-7 must, due <strong>to</strong><br />
our legal obligations, be reported <strong>to</strong> Group Compliance. If you feel unable <strong>to</strong> raise the<br />
matter with your line manager, or Human Resources, for whatever reason, you should<br />
call the Group Compliance telephone 'hotline' on 799 12155 (Internal) or 020 7991<br />
2155 (External). Alternatively, you may send an e-mail <strong>to</strong>:<br />
compliancedisclosureline@hsbc.com or make a protected disclosure in writing, <strong>to</strong> the<br />
Head of Group Compliance, <strong>HSBC</strong> Holdings plc, Level 42, 8 Canada Square, London,<br />
E14 5HQ.<br />
However, if your concern relates <strong>to</strong> your personal position, rather than a concern about<br />
malpractice, it will normally be more appropriate for you <strong>to</strong> use the bank’s grievance<br />
procedure, which is set out in the HR Procedures Manual (Grievance Procedure) and<br />
can be accessed through the bank’s intranet.<br />
Full details of the ‘Whistleblowing’ procedure, along with the <strong>HSBC</strong> Group’s general<br />
policy on disclosure, are contained in the HR Procedures Manual.<br />
3.10 Data Protection<br />
3.10.1 Personal Data and Sensitive Personal Data<br />
The type of personal data that we hold will include information relating <strong>to</strong> payroll<br />
processing, references, family and other contact details and records (including, for<br />
example, job applications, and when relevant, details of any grievance and disciplinary<br />
procedures) relating <strong>to</strong> your recruitment and career with us. Information may also be<br />
disclosed <strong>to</strong> and from other members of the <strong>HSBC</strong> Group for payroll and administrative<br />
purposes, for purposes connected with your career, and for audit requirements.<br />
50
We will only collect and process data in a fair and lawful manner. Sensitive personal<br />
data will only be processed with your agreement, unless required <strong>to</strong> meet statu<strong>to</strong>ry<br />
obligations. The types of sensitive data we hold about you may comprise of:<br />
(i) Information about your health, which would be used <strong>to</strong> ensure compliance:<br />
• with health and safety and occupational health obligations;<br />
• when considering any health issues that may affect your ability <strong>to</strong> work;<br />
• if you are disabled;<br />
• should you require time off work or special arrangements <strong>to</strong> look after a family<br />
member or friend, we may keep a record of such absences;<br />
• for administration and management of insurance, pension, sick pay and other<br />
similar benefits.<br />
(ii) Recording racial or ethnic origin or religious beliefs. This data is held <strong>to</strong> fulfil our<br />
statu<strong>to</strong>ry obligations <strong>to</strong> ensure equality of opportunity at work.<br />
(iii) Information for security, fraud prevention, and regula<strong>to</strong>ry purposes. We may in the<br />
course of your recruitment and periodically during your career undertake appropriate<br />
security and credit reference checks.<br />
In some instances we may be required by law <strong>to</strong> provide certain information <strong>to</strong> a third<br />
party, such as the HM Revenue & Cus<strong>to</strong>ms, governmental or non-governmental<br />
regula<strong>to</strong>ry bodies or the Offshore equivalents.<br />
Information may also be exchanged with other members of the <strong>HSBC</strong> Group for<br />
purposes connected with your career, and for audit requirements. Information may also<br />
be processed on our behalf by members of the <strong>HSBC</strong> Group, and/or third parties.<br />
However, whether or not such information is processed outside the European Economic<br />
Area (where there may be less stringent data protection laws) it will be protected by a<br />
strict code of secrecy and security and will only be used in accordance with our<br />
instructions. If your (sensitive) personal data is transferred or held overseas, we will<br />
ensure your rights as an individual are protected.<br />
In order <strong>to</strong> give you information about products and services we provide <strong>to</strong>gether with<br />
products supplied by selected third parties, we may use, analyse and assess information<br />
that is held about you. We may pass information <strong>to</strong> other members of the <strong>HSBC</strong> Group<br />
and such selected third parties so that they may do the same, but your name and address<br />
will not be disclosed for marketing purposes unless you have given your consent.<br />
Under Data Protection legislation, you can ask in writing for a copy of certain personal<br />
records we currently hold about you. A charge of £10 will be made.<br />
3.10.2 Employees' Responsibilities<br />
The relevant data protection legislation is the Data Protection Act 1998 (UK), the Data<br />
Protection Act 2002 (Isle of Man), the Data Protection (Jersey) Law 2005 and the Data<br />
Protection (Bailiwick of Guernsey) Law 2001. Under the data protection legislation, all<br />
employees have a responsibility <strong>to</strong> ensure that their own personal data is accurate, up<strong>to</strong>-date<br />
and kept secure. Unauthorised disclosure of third party personal data is a serious<br />
offence and can result in prosecution. Therefore you must ensure that you:<br />
51
• do not disclose any individual’s personal data without authority;<br />
• do not treat personal data carelessly;<br />
• lock all data (including disks, tapes, paper prin<strong>to</strong>uts etc) away when not in use;<br />
• do not disclose your computer password <strong>to</strong> any unauthorised person;<br />
• only use personal data for the lawful purposes for which the bank has been<br />
registered;<br />
• do not write personalised or deroga<strong>to</strong>ry comments about a cus<strong>to</strong>mer, client,<br />
colleague or any other third party.<br />
Guidelines on regulations and procedures regarding the handling of information<br />
relating <strong>to</strong> cus<strong>to</strong>mers and employees is set out in the HR Procedures Manual (Data<br />
Protection – Use, Retention and Disclosure of Personal Data and Data Protection<br />
Regulations for Staff Files), which is available on the bank’s intranet.<br />
3.11 Use of Information Technology<br />
You must strictly observe the bank's rules in relation <strong>to</strong> information technology. In<br />
particular you must:<br />
• conform with any security measures which are in place <strong>to</strong> protect the bank's data<br />
and/or computer equipment and access control;<br />
• exercise proper control over passwords, Personal Identification Numbers or any<br />
other security mechanisms, and ensure that any information technology resources<br />
which are in your control (such as access <strong>to</strong> a computer, lap<strong>to</strong>p, mobile phone,<br />
blackberry) are kept secure and safe at all times;<br />
• lock all devices when not in use;<br />
• erase all information when it is no longer required <strong>to</strong> ensure it cannot be recovered<br />
maliciously. This includes physically destroying any CD and DVD media that<br />
cannot be erased;<br />
• observe any rules, regulations, codes or internal procedures which are in place with<br />
regard <strong>to</strong> the use of the bank’s equipment including mobile phones, 2 way pagers,<br />
blackberrys and PDAs (whether for business or personal use);<br />
• ensure that guests, visi<strong>to</strong>rs and contrac<strong>to</strong>rs are aware of the bank’s policies<br />
regarding the use of the bank’s equipment;<br />
• be vigilant and report any contravention of the bank’s Security Guidelines <strong>to</strong> senior<br />
management or <strong>to</strong> IT Security on 790 27969 (UK based employees) or<br />
79816277(Offshore).<br />
You must not:<br />
• install or use unauthorised software on bank equipment either on or off bank<br />
premises;<br />
• use unauthorised computer equipment <strong>to</strong> process the bank's data;<br />
• make unauthorised copies of software;<br />
• enter systems without proper authority;<br />
• access or attempt <strong>to</strong> access any data maintained on any of the Group computer<br />
systems, which you are not specifically authorised <strong>to</strong> access;<br />
• access cus<strong>to</strong>mer or employee records without a specific business need or<br />
operational reason;<br />
• effect changes or make transactions on your own account or any account with<br />
which you are associated;<br />
52
• take pho<strong>to</strong>graphs or video images in any bank premises, using any kind of<br />
equipment (including mobile phone cameras) without the prior permission of senior<br />
management or security management;<br />
• connect (physically or by any type of wireless) any unauthorised device <strong>to</strong> the<br />
bank’s computer systems or networks. No personal data s<strong>to</strong>rage device is <strong>to</strong> be<br />
attached <strong>to</strong> the bank’s systems without prior management approval and without<br />
ensuring that the appropriate security controls for data s<strong>to</strong>rage are applied (a<br />
personal data s<strong>to</strong>rage device is defined as any non bank owned device that has the<br />
capability <strong>to</strong> have data transferred and s<strong>to</strong>red on it);<br />
• take pho<strong>to</strong>graphs that infringe personal privacy or cus<strong>to</strong>mer or client confidentiality<br />
(for example on special occasions, at award ceremonies etc), or that compromise<br />
the security of employees, cus<strong>to</strong>mers, clients, premises and equipment;<br />
• use mobile phones in areas such as computer rooms, network rooms and trading<br />
floors where their use may cause distraction or a breach of security or compliance<br />
regulations. Relevant business specific or local instructions should be followed.<br />
Digital recording devices such as floppy discs, CDs and DVDs should only be used <strong>to</strong><br />
s<strong>to</strong>re bank and/or Group information if there is no other alternative. Devices of this<br />
type are vulnerable <strong>to</strong> compromise and can be easily read. You must consider carefully<br />
the risks of s<strong>to</strong>ring sensitive information on mobile recording devices and the potential<br />
danger <strong>to</strong> the bank if the information is lost. As a matter of course, if documents are<br />
being physically transported, they should be password protected. If in any doubt, err on<br />
the side of caution and do not use these devices until you have spoken <strong>to</strong> your line<br />
manager for advice.<br />
Mobile recording devices should never hold the only copy of information s<strong>to</strong>red.<br />
Another copy must always exist on a bank owned computer <strong>to</strong> provide contingency.<br />
In all circumstances local management may restrict use of these devices further if it is<br />
deemed appropriate and in the interests of the security of the bank and/or Group’s<br />
information and the protection of employees, cus<strong>to</strong>mers and clients.<br />
Unauthorised software comprises any software that is not on the Group's IT list of<br />
approved software or which has not been procured via the Purchasing Department (or<br />
future equivalent) and includes any unsolicited software, demonstration software that<br />
has not been previously checked by Group IT Security and any software that is<br />
delivered in such a way that it may have been tampered with.<br />
You are required <strong>to</strong> act in accordance with the bank's policies and guidelines on the<br />
security of information and the use of information technology at all times. Security<br />
Guidelines on the regulations and procedures regarding information technology are<br />
encapsulated in the document entitled Group IT Security Standards which is available<br />
on the Group IT intranet under IT Security, Group IT Security Awareness.<br />
The policy explaining the appropriate use of Group e-mail systems, the internet and<br />
mobile phones and also what is inappropriate use, is contained in the HR Procedures<br />
Manual (Internet, Email and Company Mobile Phones), which is available on the<br />
bank’s intranet and in the Security and Fraud Functional Instruction Manual. You<br />
should note that the bank may moni<strong>to</strong>r the content of emails and other electronic<br />
53
messages sent from its property. The bank will also moni<strong>to</strong>r internet use and content<br />
when using the internet.<br />
Failure <strong>to</strong> comply with any of these requirements and, in particular, the use of<br />
unauthorised software on Group equipment is an extremely serious violation of your<br />
terms and conditions of employment. Any such failure is likely <strong>to</strong> lead <strong>to</strong> disciplinary<br />
action and may result in your dismissal for gross misconduct<br />
3.12 Health, Safety and Fire<br />
The bank attaches the greatest importance <strong>to</strong> the health, safety and welfare of its<br />
employees at work. Every effort is made <strong>to</strong> provide safe working conditions and <strong>to</strong><br />
prevent fire or other damage.<br />
However, no safety policy is likely <strong>to</strong> be successful unless it has the co-operation of all<br />
employees. Everyone should do everything possible <strong>to</strong> prevent injury <strong>to</strong> themselves and<br />
others.<br />
The Health and Safety at Work Act 1974 (UK), the Health and Safety at Work (Jersey)<br />
Law 1979, the Health and Safety at Work (General) (Guernsey) Ordinance 1987 and<br />
the Health and Safety at Work etc Acts 1977 and 1974 and associated regulations (Isle<br />
of Man) and subsequent regulations place the duty on every employee, while at work,<br />
<strong>to</strong>:<br />
• take reasonable care for the health and safety of themselves and others; and<br />
• co-operate with the employer in meeting the duties and requirements of the relevant<br />
statu<strong>to</strong>ry provision.<br />
As an employee of the bank, you have a personal responsibility <strong>to</strong> take care of yourself<br />
and others and <strong>to</strong> avoid placing yourself or others in a situation that is hazardous or a<br />
risk <strong>to</strong> health.<br />
You must also ensure that you are familiar with all bank emergency procedures,<br />
including actions <strong>to</strong> take on discovery of a fire, bomb or other hazard. If you are unsure<br />
about or unfamiliar with the bank’s emergency procedures you must speak <strong>to</strong> your line<br />
manager. As your employer, the bank has a duty <strong>to</strong> safeguard the health, safety and<br />
welfare of all employees.<br />
In addition, an incident may require you <strong>to</strong> exit your place of work at short notice or an<br />
incident may occur, preventing access <strong>to</strong> your place of work. In these circumstances<br />
you need <strong>to</strong> be aware of the number <strong>to</strong> telephone <strong>to</strong> receive updated information and <strong>to</strong><br />
report your safety (Employees based in Headquarters: 08000 322 722; Employees<br />
based elsewhere 0800 731 3575) and which web<strong>site</strong>s will provide you with information<br />
(www.hsbc.com).<br />
These responsibilities, <strong>to</strong>gether with procedural arrangements, are detailed in the<br />
Business Instruction Manual (BIM) – Health, Safety and Fire, which is available<br />
through the bank’s intranet (Branch Procedures Manuals).<br />
The specific objectives of the bank's Health, Safety and Fire Policy are <strong>to</strong>:<br />
• promote a healthy and safe working environment;<br />
54
• ensure each employee accepts health and safety as a major part of their individual<br />
responsibilities;<br />
• identify health, safety and fire hazards in advance, and control the risks; and<br />
• ensure all legal requirements are satisfied.<br />
A Central Safety Committee consisting of representatives of the bank, Unite and the<br />
National Council meets at regular intervals <strong>to</strong> discuss health, safety and fire issues, and<br />
exchange information and resolve problems.<br />
Unite representatives in the workplace (known as Joint Accredited Office<br />
Representatives) are recognised by the bank and Unite as Health and Safety<br />
Representatives, as defined under legislation within an area of representation jointly<br />
agreed. In this capacity, they may inspect the workplace and advise management of<br />
their findings.<br />
Further details on health and safety, including information on first aiders and specific<br />
areas of risk, such as upper limb disorders and night workers are contained in the HR<br />
Procedures Manual.<br />
3.13 Circulars, Instructions and Authority<br />
Key communications about changes <strong>to</strong> procedures, rules, regulations and terms and<br />
conditions of employment will normally be detailed in a circular, which will be<br />
published on the bank’s intranet.<br />
You are required <strong>to</strong> read and observe all instructions applicable <strong>to</strong> you and all<br />
appropriate circulars issued by the bank.<br />
You are required <strong>to</strong> ensure that you act at all times within the authority granted <strong>to</strong> you<br />
by the bank.<br />
3.14 Dress and Appearance<br />
Whether or not your job involves contact with the public, you are required <strong>to</strong> dress in a<br />
way that the bank considers appropriate <strong>to</strong> the business situation. Account will be taken<br />
of religious and cultural norms. Styles that could offend normally accepted standards<br />
will not be permitted.<br />
Dress and appearance requirements may be varied by local arrangement at your place<br />
of work. Any particular requirements will be brought <strong>to</strong> your attention during your<br />
employment.<br />
3.15 Alcohol and Drug Misuse<br />
An employee who suspects they have a drug or alcohol dependency is actively<br />
encouraged <strong>to</strong> seek help through the bank’s Occupational Health Services or Open<br />
Line, a free and confidential service which provides counselling and information <strong>to</strong> all<br />
bank employees. Details on Open Line can be found on the bank’s intranet under HR &<br />
Learning, Health & Family.<br />
In order <strong>to</strong> help the employee (and subject always <strong>to</strong> the employee’s permission),<br />
Occupational Health will usually need <strong>to</strong> liaise with the employee's line manager who<br />
will therefore need <strong>to</strong> be advised in general terms as <strong>to</strong> the nature of the problem.<br />
55
Clinical details are not disclosed and remain confidential unless the individual gives<br />
written permission <strong>to</strong> the contrary.<br />
Dependency is distinguished from cases where an employee might occasionally arrive<br />
at work under the influence of alcohol or drugs. Such cases will be dealt with under<br />
normal disciplinary procedures. Incapability at work caused by alcohol or drugs is<br />
treated as a very serious matter and may result in your dismissal for gross misconduct.<br />
56
4. BENEFITS AND FACILITIES<br />
You may be eligible <strong>to</strong> take advantage of certain benefits and facilities provided by the<br />
bank from time <strong>to</strong> time. Further information will be available at your place of work in<br />
respect of other benefits and facilities which may be available <strong>to</strong> you locally.<br />
The benefits listed below are a summary only. Full details and/or further information on<br />
specific benefits can be obtained from the HR Procedures Manual, which is available<br />
on the bank’s intranet.<br />
These benefits and facilities do not form part of your contract of employment. All<br />
benefits and facilities are subject <strong>to</strong> certain rules on eligibility and operation, which<br />
may change from time <strong>to</strong> time.<br />
4.1 Benefits applicable <strong>to</strong> HBIB, HIUL and <strong>HSBC</strong> <strong>Bank</strong> Plc employees covered by<br />
this Handbook<br />
The following benefits set out in this section 4.1 are potentially available <strong>to</strong> HBIB,<br />
HIUL and <strong>HSBC</strong> <strong>Bank</strong> plc employees who are covered by this Handbook.<br />
4.1.1 Personal Loans<br />
Unsecured personal loans at concessionary rates may be available in accordance with<br />
the limit and terms which may be in force at the time.<br />
4.1.2 Pound for Pound Scheme<br />
The bank will, subject <strong>to</strong> certain rules, match charitable funds raised through employee<br />
time given and fund raising events <strong>to</strong> a certain limit, per person per event per annum.<br />
Forms are available from your work location or can be ordered via Buy Smart - order<br />
number 20456-1.<br />
4.1.3 Open Line<br />
To help employees manage personal or work difficulties, the bank offers all employees<br />
based in the UK and the Offshore Islands access <strong>to</strong> Open Line, a free and confidential<br />
counselling service. Open Line provides practical help and counselling on personal<br />
issues, such as bereavement, depression and relationship problems. Help is also<br />
available with a wide range of work related difficulties, such as bullying and<br />
harassment, lack of confidence, work stress and role problems. Open Line can also<br />
provide support when employees are experiencing stress in connection with matters<br />
which are the subject of disciplinary or grievance investigations or proceedings.<br />
Telephone support is available 24 hours a day, 7 days a week. To make an appointment<br />
<strong>to</strong> see or speak <strong>to</strong> a counsellor please call between 9:00am and 5:00 pm Monday <strong>to</strong><br />
Friday. Counselling appointments are available outside these times.<br />
The service can be contacted by telephone or in writing, and is open Monday <strong>to</strong> Friday<br />
9 am <strong>to</strong> 5pm. Appointments for telephone or face <strong>to</strong> face counselling can be made<br />
during these hours, or, by prior arrangement outside these hours. The telephone number<br />
is 08457 666 999, and the textphone for deaf employees is 08455 854 054.<br />
57
Please note that, if you work in an area where calls are routinely moni<strong>to</strong>red (such as a<br />
Cus<strong>to</strong>mer Service Centre) you should ensure you use a non-moni<strong>to</strong>red phone or a<br />
private phone, <strong>to</strong> preserve your confidentiality.<br />
Further information on Open Line can be found on the bank’s intranet under HR &<br />
Learning, Health & Family.<br />
4.1.4 Holidays Fund<br />
Work locations may run such a scheme. Details are contained in the HR Procedures<br />
Manual (Holidays - Fund), which is available through the bank’s intranet.<br />
4.1.5 Private Medical Plan<br />
You may be eligible for membership of an <strong>HSBC</strong> Group Healthcare Plan. This<br />
provides cover for yourself and your immediate family (including partner and<br />
dependant children up <strong>to</strong> the end of the plan year in which they achieve the age of 21)<br />
during your employment. Details will be made available <strong>to</strong> you. The plan you may be<br />
eligible <strong>to</strong> join will depend on whether you are employed by <strong>HSBC</strong> <strong>Bank</strong> plc, HBIB or<br />
HIUL and whether you are based in one of the Offshore Islands or the UK. Each plan<br />
operates on terms and conditions which are in force at the present time and the bank<br />
reserves the right at any time <strong>to</strong> vary or withdraw the scale or level of benefits in force.<br />
Further details can be found on the Offshore intranet <strong>site</strong>.<br />
Subject <strong>to</strong> the rules of the relevant plan (including rules on eligibility) an <strong>HSBC</strong> Group<br />
Healthcare Plan is open <strong>to</strong> all employees, whether clerical or managerial, employed by<br />
either HBIB or <strong>HSBC</strong> <strong>Bank</strong> plc on the Offshore Islands. Clerical employees working<br />
for HIUL in the UK will not be eligible for membership of an <strong>HSBC</strong> Group Healthcare<br />
Plan although managerial employees working for HIUL in the UK may be so eligible.<br />
The bank reserves the right in the future <strong>to</strong> alter the rules of the relevant <strong>HSBC</strong> Group<br />
Healthcare Plan <strong>to</strong> enable it <strong>to</strong> ask key-time employees on the Offshore Islands who are<br />
eligible for membership of an <strong>HSBC</strong> Group Healthcare Plan <strong>to</strong> make a personal<br />
contribution <strong>to</strong>wards cover under the Plan pro-rated <strong>to</strong> the hours worked.<br />
4.1.6 Medical Examinations<br />
Managers in certain grades may have a medical examination. These will be held for<br />
eligible HIUL employees through one of the BUPA Health Screening Centres and for<br />
eligible employees on the Offshore Islands at a local practice. Details including<br />
information on eligibility and frequency of screenings are set out in the HR Procedures<br />
Manual (Medical Examinations), which is available on the bank’s intranet.<br />
If you are based on the Offshore Islands, before booking a medical examination, you<br />
should ensure that the amount the bank will pay <strong>to</strong>wards the cost of the medical<br />
examination will fully meet the local doc<strong>to</strong>r’s charges. Please see the HR Procedures<br />
Manual (Medical Examinations) for the relevant amounts.<br />
58
4.1.7 Mortgage Subsidy Scheme<br />
The Mortgage Subsidy Scheme is designed <strong>to</strong> encourage employees <strong>to</strong> take their<br />
mortgage borrowing with the bank. Currently a monthly subsidy payment will be paid<br />
with salary subject <strong>to</strong> the rules of the scheme as they may exist from time <strong>to</strong> time.<br />
Details of the scheme including information on eligibility and rates are set out in the<br />
HR Procedures Manual (Mortgage Subsidy Scheme), which is available on the bank’s<br />
intranet.<br />
4.1.8 Staff Accounts<br />
Preferential facilities, including rates of interest, may apply <strong>to</strong> staff accounts. Details<br />
are available from your branch and in the HR Procedures Manual (Staff Accounts),<br />
which is available through the bank’s intranet.<br />
4.1.9 <strong>HSBC</strong> Corporate Card<br />
A <strong>HSBC</strong> Corporate Card must be used by all managers, and appropriate employees,<br />
who incur business expenses on a regular basis. Such employees will pay for<br />
appropriate business travel, accommodation, and entertainment items with an <strong>HSBC</strong><br />
Corporate Card, where issued, and subsequently reclaim such expenses.<br />
The card is provided for business expenses only and must not be used for personal<br />
expenditure or <strong>to</strong> make cash withdrawals other than for foreign currency required for<br />
incidental expenses during a business trip. Misuse of the Corporate Card may result in<br />
disciplinary action, which could result in dismissal.<br />
Details on the <strong>HSBC</strong> Corporate Card including information on eligibility and card<br />
limits are set out in the Expenses & Policy Procedures Manual, which is available via<br />
Lotus Notes.<br />
4.2 Benefits applicable <strong>to</strong> HIUL employees in the UK only<br />
The following benefits in this section 4.2 are only potentially available <strong>to</strong> HIUL<br />
employees who are based in the UK and who are covered by this Handbook.<br />
4.2.1 Give as you Earn<br />
Through this scheme, run in association with the Charities Foundation, you may be<br />
able, via payroll deduction, <strong>to</strong> make tax free donations <strong>to</strong> charities of your choice. Your<br />
money can go either direct <strong>to</strong> nominated charities, or you may be able <strong>to</strong> hold an<br />
account with the foundation, enabling you <strong>to</strong> donate in a flexible manner. Further<br />
details are available in the HR Procedures Manual (Charity Scheme – Give As You<br />
Earn) which is available on the bank’s intranet.<br />
4.2.2 ‘Keep the Change!’<br />
‘Keep the Change!’ is a simple and regular way <strong>to</strong> donate the odd pennies from your<br />
net salary <strong>to</strong> six nominated charities each month, For example if you earn £900.17 then<br />
by signing up <strong>to</strong> ‘Keep the Change!’ you can donate the 17p <strong>to</strong> charity. If your salary<br />
varies each month then the pennies donated may also vary. The maximum you give<br />
each month is 99p.<br />
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Distribution costs are covered by the earned interest and therefore 100% of the monies<br />
donated will be received by the nominated charities. The donations will be received by<br />
the charities within 30 days of receipt by the distribution company. Further details are<br />
available in the HR Procedures Manual (Charity Scheme – Keep the Change!), which is<br />
available on the bank’s intranet.<br />
4.2.3 Season Ticket Loan<br />
Interest free season ticket loans, repayable via payroll deduction, may be available <strong>to</strong><br />
you. Additional information is available in the HR Procedures Manual (Season Ticket<br />
Loan Scheme), which can be accessed through the bank’s intranet.<br />
4.2.4 <strong>HSBC</strong> Childcare Scheme<br />
The <strong>HSBC</strong> Childcare Scheme is open <strong>to</strong> HIUL employees based in the UK with<br />
children up <strong>to</strong> the age of 16 years. It is run under a system known as ‘salary sacrifice’.<br />
This means that you agree <strong>to</strong> reduce your salary in exchange for childcare payments.<br />
These childcare payments are not subject <strong>to</strong> income tax and NI deductions, and there<br />
will be a saving <strong>to</strong> you on the amount you choose <strong>to</strong> reduce your basic salary by.<br />
The scheme consists of two elements that you can take advantage of.<br />
4.2.4.1 <strong>HSBC</strong> Designated Nurseries<br />
Benefits:<br />
• flexibility in terms of selecting and securing a nursery from over 500 <strong>HSBC</strong><br />
designated nurseries UK-wide<br />
• a discounted corporate rate in the <strong>HSBC</strong> designated nurseries<br />
• 100% tax and NI exemption on the <strong>to</strong>tal fees paid via salary sacrifice<br />
4.2.4.2 All Other Forms of Childcare<br />
Benefits:<br />
• flexibility, in that you can use childcare vouchers <strong>to</strong> pay for a wide range of<br />
registered or approved childcare, including nursery care (in non <strong>HSBC</strong><br />
designated nurseries), childminders, nannies/au pairs, out of school clubs and<br />
holiday playschemes<br />
• available <strong>to</strong> working parents (with children up <strong>to</strong> the age of 16 years)<br />
• tax and NI exemption on up <strong>to</strong> £50 per week per employee (or £217 per month)<br />
of fees paid via salary sacrifice<br />
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4.2.4.3 The <strong>HSBC</strong> Childcare Scheme at a glance<br />
<strong>HSBC</strong> designated<br />
nursery<br />
Independent<br />
nursery<br />
Child<br />
minder<br />
Nanny/<br />
au pair<br />
After<br />
school care<br />
Holiday<br />
playscheme<br />
Relative<br />
You can join the scheme and<br />
get discounted nursery rates<br />
plus your <strong>to</strong>tal nursery fees<br />
can be tax and NI-free if paid<br />
via salary sacrifice.<br />
You can save up <strong>to</strong> 33% of<br />
the fees (basic rate tax payers)<br />
or up <strong>to</strong> 41% of the fees<br />
(higher rate tax payers).<br />
You can join the scheme, provided<br />
that your childcare provider is<br />
approved or registered, and the first<br />
£217 per employee per month spent<br />
on childcare via salary sacrifice will<br />
be tax and NI free.<br />
You can save up <strong>to</strong> £859 per year<br />
(basic rate tax payers) or up <strong>to</strong> £1067<br />
per year (higher rate tax payers).<br />
You are not<br />
able <strong>to</strong> join the<br />
scheme if a<br />
relative<br />
provides all<br />
your childcare.<br />
Membership of the Scheme is subject <strong>to</strong> certain eligibility criteria and basic pay<br />
thresholds. For more information, please refer <strong>to</strong> the HR Procedures Manual (Childcare<br />
provisions), which is available on the bank’s intranet.<br />
4.2.5 <strong>HSBC</strong> Group Sports and Social Clubs<br />
The Group has two sports and social clubs for use by employees and their families. In<br />
London, activities are centred in New Beckenham and in Sheffield at Dore.<br />
There is a wide range of sports and leisure facilities available at these centres as well as<br />
a rowing club at Putney, London and sailing centres country-wide. There is also a fully<br />
equipped gym and class studios, known as ‘The Fifth Dimension’ at the bank’s<br />
Headquarters.<br />
For information and an application form, call 7213 4366 (Internal, London) or 020<br />
8919 4366 (External, London); 790 28898 (Internal, Sheffield) or 0114 252 8898<br />
(External, Sheffield).<br />
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5 YOUR CAREER WITH THE BANK<br />
Set out below are some of the main issues which may affect you during your<br />
employment, <strong>to</strong>gether with an outline of the bank’s policies and procedures in respect<br />
of each matter. Further information on each issue, and many other issues which may be<br />
of interest or which may affect you during your employment, are available in the bank’s<br />
HR Procedures Manual, which can be accessed via the bank’s intranet.<br />
This section does not form part of your contractual terms and conditions of<br />
employment.<br />
5.1 Job Evaluation<br />
Jobs are formally evaluated using the HAY system. The HAY evaluation system is<br />
amongst the most widely used in the world. It is recognised as a consistent and fair<br />
method of measuring and comparing the relative size of jobs in the organisation.<br />
The evaluation process is based on an agreed job description for individual jobs, or a<br />
generic description covering jobs which are similar in content and skill requirement<br />
across departments or branches in the bank. A panel of trained evalua<strong>to</strong>rs meets<br />
regularly <strong>to</strong> consider these job descriptions. Points are awarded using common fac<strong>to</strong>rs<br />
and agreed criteria, with the resulting <strong>to</strong>tal indicating the level and grade of the job. If<br />
you consider that your job is incorrectly graded, you may appeal.<br />
Further details of the process and its application <strong>to</strong> your job are available in the HR<br />
Procedures Manual (Job Evaluation), which is available on the bank’s intranet.<br />
5.2 Employee learning and development – investing in your future<br />
The bank is committed <strong>to</strong> creating a learning organisation that promotes and supports<br />
individual development and is the envy of other global companies. We recognise that<br />
superior knowledge and skills of our employees are vital if we are <strong>to</strong> deliver a first class<br />
service <strong>to</strong> our cus<strong>to</strong>mers, continue <strong>to</strong> grow as a business and be better than our<br />
competi<strong>to</strong>rs. At the same time, we want the bank <strong>to</strong> be a great place <strong>to</strong> work where<br />
employees have job satisfaction, grow with us and make a long-term commitment <strong>to</strong><br />
stay with the bank.<br />
Whatever your personal learning and development goals are and regardless of your<br />
career aspirations with the bank, we have a wide range of opportunities for career<br />
development. Opportunities include the weekly 'Development Opportunities' and local<br />
bulletins where role vacancies within the bank are advertised, e.g. Offshore jobs.<br />
Learning is most effective when it is enjoyable, made as accessible as possible, with<br />
you in control and conducted at your own pace. Our goal is <strong>to</strong> make learning and<br />
development something that everyone in the bank is passionate about. We know that<br />
when it comes <strong>to</strong> learning, one size does not fit all and everyone is different – we all<br />
have different levels of knowledge or experience and we all like <strong>to</strong> learn at different<br />
speeds and in different ways.<br />
“My Learning” is a learning management system. It is your personal link <strong>to</strong> a wealth of<br />
learning opportunities. It is a single point of access for all learning activities and<br />
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information resources and a key part of the bank’s flexible learning approach. It<br />
improves the speed, quality and effectiveness of the learning process, providing greater<br />
opportunity for all employees <strong>to</strong> take part in learning activities, regardless of current<br />
job role, future career aspirations or location.<br />
5.2.1 Identifying learning and development needs<br />
Learning is developing new knowledge and skills and building on and improving the<br />
skills you already have <strong>to</strong> enable you <strong>to</strong> gain more from your current role or <strong>to</strong> prepare<br />
for your next job with the bank. We want you <strong>to</strong> take control of your personal learning<br />
and development by identifying your development needs and preparing your own<br />
learning and development plan.<br />
There are several resources <strong>to</strong> help you prepare your personal learning and<br />
development plan including the Group Capabilities Framework and the Career<br />
Development Review. Links <strong>to</strong> these can easily be found on the HR and Learning<br />
pages on the bank’s intranet.<br />
The Group Capabilities Framework highlights the skills and actions that best support<br />
the Group’s Managing for Growth strategy. It describes the bank’s corporate character<br />
and translates this in<strong>to</strong> the qualities expected of all our employees, by defining the<br />
required skills, attitudes and behaviours.<br />
The Group Capabilities Framework and “My Learning” include explanations on how <strong>to</strong><br />
access the weekly ‘Development Opportunities’.<br />
Managers of the bank in bands GCB5 - 4 are able <strong>to</strong> utilise the Career Development<br />
Review. It provides an opportunity for such managers <strong>to</strong> reflect on strengths and<br />
development needs, identify career goals and aspirations and plan the best way forward<br />
<strong>to</strong> achieve them.<br />
5.2.2 Learning & Development<br />
The Learning & Development team has learning and development professionals who<br />
are responsible for a wide range of learning activities, all of which are accessible<br />
through My Learning. The team liaises with business units <strong>to</strong> provide the best learning<br />
solutions throughout the bank and the <strong>HSBC</strong> Group. Your learning may be provided<br />
face <strong>to</strong> face locally, at our premier Group Management Training College in<br />
Hertfordshire, through personal coaching or with online, video and paper-based<br />
learning materials.<br />
A wealth of knowledge exists in the bank, take a look on “My Learning” at some of the<br />
vast array of resources that will suit your needs.<br />
If you are interested in finding out more about Learning & Development please contact<br />
them on 7981 6674 (Internal) or 01534 606 674 (External). For UK based employees<br />
please call 7988 8528 (Internal) or 01923 688 528 (External).<br />
5.2.3 Professional and Technical Qualifications<br />
If you would like <strong>to</strong> study for a specific professional or technical qualification, the bank<br />
may be able <strong>to</strong> provide assistance. Further information about the procedures involved<br />
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can be found in the HR Procedures Manual (Professional Qualifications), available on<br />
the bank’s intranet.<br />
5.3 Employee Representation<br />
5.3.1 Offshore Managers’ Forum<br />
Consideration of issues relating <strong>to</strong> management grade employees up <strong>to</strong> and including<br />
bands GCB4 is achieved through the Offshore Managers’ Forum. The Forum is<br />
composed of elected representatives drawn from Jersey, Guernsey and the Isle of Man,<br />
a representative elected by managerial members of Unite and a full time Unite official<br />
responsible for <strong>HSBC</strong> issues. Further details can be obtained from your line manager or<br />
the HR Procedures Manual, which is available on the bank’s intranet.<br />
5.3.2 Unite<br />
Unite is the only recognised union for clerical grade employees within the bank. To<br />
further good industrial relations within the bank, Unite are provided with certain<br />
services and facilities. In most parts of the bank the services of a Jointly Accredited<br />
Office Representative (JAOR) are available and, in addition, there are a number of fulltime<br />
'Seconded Representatives'. Should you wish <strong>to</strong> join Unite you should contact one<br />
of these or respond <strong>to</strong> Unite’s communications, frequently circulated within the bank.<br />
Further information can be obtained from:<br />
Unite Seconded Representatives Office<br />
Moreland Street<br />
London<br />
EC1V 8HA<br />
0207 253 9642 (External)<br />
5.4 Maternity and other family related polices and procedures<br />
Women who take maternity leave and employees who take adoption leave are<br />
encouraged <strong>to</strong> return <strong>to</strong> work with the bank, and during your leave the bank will keep in<br />
regular <strong>to</strong>uch with you. A detailed ' Maternity Guide' is available <strong>to</strong> explain your<br />
entitlement and obligations and the facilities <strong>to</strong> which you may be eligible.<br />
Full details on maternity and other family related policies and procedures can be found<br />
in the HR Procedures Manual on the bank’s intranet.<br />
In order <strong>to</strong> help you return and continue your career, the bank has a number of<br />
initiatives that may assist you. These include:<br />
• a Priority Returners’ Scheme, which gives preference for re-entry <strong>to</strong> the bank <strong>to</strong><br />
those who apply prior <strong>to</strong> leaving and who are eligible for the scheme, if exercised<br />
within five years (see HR Procedures Manual (Priority Returners’ Scheme) which is<br />
available on the bank’s intranet);<br />
• family leave provisions which recognise the needs of carers of a sick child or an<br />
elderly, disabled, or chronically sick relative or other close dependant and provide<br />
for up <strong>to</strong> five days' paid Family Leave, in an emergency, in any one year;<br />
• a flexible working policy, which aims <strong>to</strong> increase flexible working and which<br />
exceeds statu<strong>to</strong>ry requirements. See HR Procedures Manual (Flexible Working)<br />
which is available on the bank’s intranet;<br />
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• for HIUL employees childcare facilities <strong>to</strong> aid return <strong>to</strong> work (see section 4.2.4).<br />
The bank’s Family Leave provisions are available <strong>to</strong> all employees with parental<br />
responsibility for children.<br />
Further details on these and other family related policies and the procedures you should<br />
follow are set out in the HR Procedures Manual (Leave, Flexible Working,).<br />
5.5 Special Leave<br />
You may, at the bank's discretion, be granted special paid leave for reasons such as<br />
public duties, Duke of Edinburgh's Award Scheme Adventure Training, bank sports<br />
activities, certain H.M. Forces or Auxiliary Forces activities, or on compassionate<br />
grounds. Such leave will not normally exceed ten days in any one calendar year.<br />
Special unpaid leave may also be granted in exceptional circumstances, at the bank's<br />
discretion. Applications for such leave should be addressed, in the first instance, <strong>to</strong> your<br />
immediate line manager. Further details are set out in the HR Procedures Manual<br />
(Leave) which is available on the bank’s intranet.<br />
5.6 Support for Disabled Employees<br />
The bank values the individual contribution of all employees, irrespective of any<br />
disability. The recruitment, training, career development and promotion of all<br />
employees is based on the aptitudes and skills of the individuals. Consideration of<br />
disability issues is also integrated in<strong>to</strong> the business and there are a number of initiatives<br />
in place <strong>to</strong> support the bank’s commitment <strong>to</strong> addressing and resolving disability issues.<br />
5.6.1 Reasonable Adjustments<br />
Most disabled people do not need special equipment or adaptations, but sometimes<br />
provision of these can help an employee <strong>to</strong> operate more effectively at work. The bank<br />
is committed <strong>to</strong> finding the right solutions <strong>to</strong> meet the diverse needs of all employees<br />
and will make reasonable adjustments <strong>to</strong> ensure that everyone can compete on a level<br />
playing field.<br />
The bank will cover the costs of reasonable adjustments required, although practical<br />
advice/financial support, e.g. from "Access <strong>to</strong> Work", run by the Employment Service<br />
or any Offshore equivalent service, may be sought on an as needed basis. These<br />
provide a range of services, such as equipment and communica<strong>to</strong>rs, as well as operating<br />
a fares <strong>to</strong> work scheme.<br />
5.6.2 Rehabilitation Policy<br />
When an employee becomes disabled, or an existing disability worsens, every effort is<br />
made <strong>to</strong> retain the individual in employment. The Rehabilitation Policy is designed <strong>to</strong><br />
assist managers and employees, through employment assessment and consultation.<br />
Further information on the support available and the process <strong>to</strong> follow is set out in the<br />
HR Procedures Manual (Disabled Employees), which is available on the bank’s<br />
intranet.<br />
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6. SECURITY OF EMPLOYMENT<br />
The bank seeks <strong>to</strong> provide security of employment for its employees by carefully<br />
planning the adoption or development of revised business practices and procedures. It<br />
aims <strong>to</strong> avoid redundancies through seeking alternative employment for surplus<br />
employees but recognises that circumstances may arise where employment cannot be<br />
maintained in this way. The manner in which job reductions and, if necessary,<br />
redundancies are handled is set out in the 'Security of Employment Policy’ (SEP). This<br />
is contained in the HR Procedures Manual, <strong>to</strong>gether with a document entitled<br />
‘Redundancy and Redeployment – Your Questions Answered’ which contains a series<br />
of ‘Frequently Asked Questions’ in redundancy situations. Any such payment made<br />
under these arrangements includes and extinguishes any statu<strong>to</strong>ry redundancy<br />
entitlement.<br />
For senior management employees, where their employment terminates on the grounds<br />
of redundancy as defined in the appropriate local legislation, namely section 139 (1) of<br />
the Employment Rights Act 1996 (UK), Article 2(1) of the Employment (Jersey) Law<br />
2005, section 34(3) of the Employment Protection (Guernsey) Law 1998 or section 1(1)<br />
of the Redundancy Payments Act 1990 (as amended by the Employment Act 2006)<br />
(Isle of Man) the bank will apply Appendices 1-4 of the SEP as appropriate. Any such<br />
payment made includes and extinguishes any statu<strong>to</strong>ry redundancy entitlement.<br />
An appeal against any decision regarding redundancy must be lodged with the<br />
Employee Relations Team, HR Connect, Mayfields Court, Maylands Avenue, Hemel<br />
Hempstead, Herts HP2 4SE within three weeks of receipt of the letter formally advising<br />
of the decision against which the appeal is being made.<br />
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