Statement of Terms of Employment - Newark and Sherwood District ...

NEWARK AND SHERWOOD DISTRICT COUNCIL 

KELHAM HALL, KELHAM, NEWARK, NOTTINGHAMSHIRE, NG23 5QX 

Statement of Terms of Employment 

1. General Conditions 

1.1 Your terms and conditions of employment will be in accordance with any appointment 

letter issued to you, collective agreements negotiated by the National Joint Council for 

Local Government Services, set out in the National Agreement on Pay and Conditions of 

Services and the East Midlands Councils as supplemented by all relevant statutory 

provisions and local collective agreements reached with trade unions recognised by the 

Council and decisions of Newark and Sherwood District Council. 

1.2 Copies of relevant documents are available for reference in the Human Resources 

Section. From time to time, variations in your terms and conditions of employment will 

result from negotiations, consultations and agreements at national and local levels. 

These changes will be brought to your attention through employee bulletins as and 

when appropriate. Other changes that only affect you personally will be notified to you 

in writing. 

2. Continuous Service Date 

2.1 Any previous continuous service with a public authority covered at the time of the date 

of commencement by the Redundancy Payments (Continuity of employment in local 

government, etc) (Modification) Orders 1999 will be included in calculating the 

following entitlements: 

Redundancy Payments 

Sickness Payments 

Annual Leave 

Maternity Leave 

Notice Period to Terminate Employment 

2.2 Where an officer returns to local government service following a break for maternity 

reasons, there shall be entitlement to have previous service taken into account in 

respect of the sickness and maternity schemes provided that the break in service does 

not exceed eight years and that no permanent paid full time employment has 

intervened. For the purpose of the calculation of entitlement to annual leave the eight 

years time limit does not apply provided that no permanent full time employment has 

intervened. 

3. Notice Period 

3.1 The statutory minimum period of notice which officers are entitled to receive from the 

Council for service of four weeks or more, but less than two years, is one week. 

Thereafter, the period of notice is one week for each year of continuous service up to a 

maximum of twelve weeks.

3.2 The period of notice you are required to give to terminate your employment is: 

NS1 ‐ NS8 

NS9 ‐ NS10 

NS11 ‐ NS17 

4 weeks 

8 weeks 

12 weeks 

4. Annual Leave 

4.1 Your current annual leave entitlement is based on: 

Basic Entitlement After 5 yrs service After 10 yrs service 

20 days + 8 days + 2 days 

4.2 A further 5 days are added to the leave entitlement in place of any concessionary/extra 

statutory days. 

4.3 In addition to annual leave entitlement, full time employees receive 8 Bank Holidays. 

Part time employees will receive a pro rata entitlement to Bank Holidays. 

4.4 Your leave year will run from the 1 st day of the month following the month in which you 

start work with this authority. By way of example this would mean that an employee’s 

start date of 22 nd February would mean that their leave year would run from 1 st March 

to 28 th February. 

4.5 Directors/Business Managers may approve the use of up to 2 days annual leave in the 

last month of the leave year from the following year’s leave entitlement and the carry 

forward of up to 2 days leave which should be taken within the first three weeks of the 

new leave year. Directors/Business Managers have authority to extend this up to 5 

days in exceptional circumstances. 

4.6 For employees starting or leaving employment during the leave year, the entitlement 

will be calculated on completed calendar months of service. 

4.7 Employees leaving the service will be required to refund any holidays taken beyond 

their entitlement. This may be deducted from any monies owed by the Council to the 

employee. 

5. Hours of Work 

5.1 A 37 hour week, after deducting all recognised breaks, is in operation for full‐time 

officers. The hours and days of work will be specified by your line manager. 

5.2 The Council reserves the right to make changes to the hours and rotas you may be 

required to work. In such cases, you will be consulted and given reasonable notice of 

any such changes. 

6. Pay 

6.1 Your commencement salary, is specified on the attached Statement of Particulars. 

6.2 Payments are made on the following basis: 

21 st of each month ‐ If the 21 st falls on a Weekend or a Bank Holiday, payment will be 

made on the last Banking Day before the 21 st .

7. Sickness Absence and Allowances 

If you are employed full time or part time and this is your sole employment, within any 

span of twelve months, you will be entitled to receive sick pay for the following periods 

depending on your length of service: 

during 1st year of service 

during 2nd year of service 

during 3rd year of service 

during 4th and 5th year of service 

after 5 years service 

1 months full pay and (after 4 months 

service) 2 months half pay 

2 months full pay and 2 months half pay 




7.2 Notification 

First day 

If you are sick you must inform the authorised officer notified to you by your line 

manager by your normal working time on the first working day of absence. For 

certain groups of staff a locally agreed sickness reporting procedure may be 

operated, this should be notified in writing to staff by their manager on their first day 

of employment. 

The following questions will have to be answered otherwise statutory sick pay 

entitlement may be delayed or not paid at all:‐ 

i) What was the first day on which you became ill? 

ii) 

iii) 

iv) 

What is the nature of your illness? 

How long do you think you will be absent from work ill? (Include Saturday, 

Sundays and rest days) 

Do you believe your illness is as a result of an industrial injury/industrial 

disease? (If in doubt the answer should be yes) 

v) Has the injury/disease yet been diagnosed by your doctor? 

vi) 

vii) 

Have you received a letter from the Department of Social Security within the 

last 8 weeks, indicating that you are excluded from Statutory Sick Pay? (if you 

have, please send it to the Payroll Section) 

Are you in legal custody? 

Fourth Day 

If you are unable to return to work after a further two days you must notify your 

supervisor of your continuing ill health.

Whether or not any of the four days was a work day, complete a Self Certification of 

Sickness Form and return it immediately to your supervisor. A copy of the form is 

attached (Appendix 1) and should be kept for use. Further copies are obtainable from 

your place of work or the Council offices and you are advised to obtain a further copy 

on return to work and keep it available for future use. 

Eighth Day and Continuing Sickness 

If you are still ill on the eighth day, obtain a Medical Certificate and send it to the 

Authority immediately. If you remain ill, continuing absence must be covered by 

Medical Certificates. 

7.3 Return to Work 

On return to work where absence has continued beyond three days, the Self 

Certification Form previously submitted must be completed by the employee or an 

appropriate officer by adding the last date of illness. 

It is very important that you comply with the rules as set out above. If you do not, 

there is every possibility that you will not get the allowances to which you are entitled. 

Also, if you knowingly submit any false information as to your incapacity it could be 

treated as gross misconduct and may lead to instant dismissal. 

On your return to work you will be required to attend a return to work interview with 

you manager following each and every absence due to sickness. 

7.4 Repeated Short‐term Absences 

Where an individual’s absence level meets one of the following trigger points, the 

manager will review the absence levels with the employee: 

 

 

 

 

3 occasions of any length in a rolling 3 months period 

or 

4 occasions of any length in a rolling 12 months period 

or 

10 days or more in a rolling 12 months period 

or 

A pattern of absence has emerged which causes concern, for example regular 

absence on Fridays and/or Mondays. 

The review will be in accordance with the Council’s Managing Attendance Policy. 

7.5 Long‐term Sickness 

Long term absence is when employees have not attended/will not be attending work 

for a continuous period of four weeks or more.

After twenty eight weeks of sickness in any tax year, Medical Certificates should 

continue to be sent to the Payroll Section for inspection and they will be returned to 

you immediately, with the relevant form, for submission to the Department for Work & 

Pensions to claim State Sickness Benefit. In the event of your being declared medically 

unfit to undertake your duties you will be offered suitable alternative work, if available, 

or you may be retired on grounds of ill health. 

7.6 Medical Examination 

The Authority may require you at any time during any period of absence to submit to a 

medical examination by a registered medical practitioner nominated by the Authority. 

In the event of a difference in medical opinion as to your fitness for work, the matter 

shall at the request of the Authority or yourself be submitted to an independent 

medical referee chosen jointly. 

7.7 Other Conditions 

Other conditions and details of sickness allowances are in accordance with the Council’s 

Managing Attendance Policy and agreements mentioned in paragraph 1. 

8. Pensions 

8.1 All employees who have a contract of 3 months or more are eligible to join the Local 

Government Pensions Scheme (LGPS) which is a contributory, final salary scheme. Noncasual 

staff on a contract of less than 3 months will not be eligible to join the LGPS. 

However, if your contract is extended beyond 3 months, arrangements can be made for 

you to back date your entry to your original start date. For employees eligible to join 

the scheme, unless you notify our Payroll section, in writing, that you do not wish to 

join the LGPS we are legally required to place you into our scheme. 

8.2 The Local Government Superannuation Scheme for this District is administered by 

Nottinghamshire County Council and is a contracted out scheme. 

8.3 Details of the scheme are available from the LGPS website www.lgps.org or via 

telephoning the pensions helpline on 0115 846333. 

9 Dismissal and Disciplinary Procedure 

9.1 The disciplinary rules applicable to you are set out in the Council's disciplinary 

procedures. A copy is attached to this statement for reference (Appendix 2). 

10. Standard and Modified Grievance Procedures 

10.1 If you have a grievance relating to your employment, you should discuss the matter 

initially with your immediate supervisor. Further steps are governed by the Council's 

standard and modified grievance procedures, a copy of which is attached to this 

statement (Appendix 3).

11. Maternity Rights 

11.1 Rights of pregnant officers to leave and pay are in accordance with the NJC agreements 

referred to in paragraph 1. These rights are dependent on pregnant officers complying 

with certain notification requirements. Full details are set out in the attached 

document (Appendix 4). It is important that officers who are or become pregnant read 

and understand this document and contact Human Resources as soon as possible for 

further advice. 

12. Disclosure and Checking of Criminal Records 

12.1 Under the Council's Disclosure and Checking of Criminal Records procedure, you have a 

contractual obligation to notify your Director, in writing, of any Criminal Convictions 

with the exception of minor traffic offences, not previously declared. 

13. Place of Work 

The Council reserves the right, at any time to require you to go permanently or 

temporarily to any similar place of work where your services may be required. Your 

individual and domestic circumstances will always be carefully considered. 

14. Use Of Visual Display Units 

It is a condition of your employment that your eyesight is suitable to carry out the duties 

of the post, with corrective spectacles or contact lenses if appropriate. If you are 

required to habitually use a Visual Display Unit at work, either at present or in the 

future, you will be offered a vision screening test, free of charge on commencement of 

your employment. Alternatively, you may elect to visit a Council approved ophthalmic 

optician for a full eye and eyesight test. Subject to receipt of the ophthalmic optician's 

report indicating the need for corrective appliances for VDU use, the employer will be 

responsible for the cost of the eye test, plus the cost of any recommended basic 

corrective appliance. 

"Habitual" users will be determined in accordance with the relevant legislation. 

These employment conditions on eye tests will be modified in the light of any new 

legislation regarding the use of Display Units. 

15. Workplace Smoking Policy 

This Authority operates a “workplace smoking policy” in its efforts to provide a safer 

and healthier working environment for its employees and the general public. You will, 

therefore, be required to comply with the following: 

a) Smoking Ban 

The smoking ban applies to ALL Council premises occupied by Newark & Sherwood 

District Council (NSDC) employees. 

The smoking ban applies to the use of all defined smoking materials, as listed within 

the relevant legislation, and electronic cigarettes (e‐cigarettes) or other devices used 

to replace defined smoking materials which emit vapour, smoke or other 

contaminants within the areas listed within 2.3 of the workplace smoking policy.

Smoking is NOT permitted in ANY work area or work access area within buildings or 

the immediate surrounds of those buildings. This applies to all offices and work 

areas, whether occupied by only one person, or shared by two or more. This will 

include all common areas such as: 

a) Lifts 

b) Corridors 

c) Stairways 

d) Restaurant / Canteen 

e) Restrooms 

f) Meeting Rooms 

g) Interview rooms 

h) Toilets 

i) Reception Areas 

j) Entrances 

This ban applies not only to all enclosed areas but also front access, doorways and 

areas immediately adjacent to the premises where they are in NSDC control. Where 

appropriate plans shall be produce for the more complex sites illustrating external 

no smoking areas. 

This ban applies to all employees, Elected Members, temporary and agency workers, 

visitors, contractors and where applicable other organisations employees who share 

commercial premises or communal areas with NSDC staff i.e. Newark and Sherwood 

Homes. 

Employees participating in the flexi time scheme should make every effort to only 

take smoking breaks during their meal breaks, at the start of, or end of the day. 

However, such individuals are permitted to take reasonable smoking breaks 

as and when service provision allows during working hours. 

All time taken away during each smoking break shall be fully accounted for within 

the individual’s flexi time log. 

Staff not on flexi time are not permitted to take a smoking break during their core 

working hours. Smoking shall only therefore be permitted during rest/meal breaks. 

The Line Manager has the discretion to waive 2.5, in respect of a smoking break, in 

extreme cases of stress e.g. news of bereavement. 

b) Vehicles 

The smoking ban applies to all council owned/fleet vehicles. 

The ban on smoking will also apply to employee’s own vehicles, when carrying 

passengers, whilst on council business. 

c) Enforcement of the Policy 

The relevant Director/Business Manager is responsible for implementing and 

monitoring of this policy. However, enforcing the smoking ban is delegated to line 

management. 

Business Managers shall appropriately investigate claims of failure to adhere to this 

policy.

Existing disciplinary procedures will apply to all employees who breach the smoking 

policy. 

d) Designated smoking areas 

There are no internal designated smoking areas. 

All employees shall be informed of designated external smoking. 

e) Facilities for Disposal of Smoking Refuse etc 

Where smoking is permitted in external designated areas, receptacles will be 

provided for the disposal of cigarette ends and other waste smoking materials. 

f) Visitors and Contractors 

Visitors and contractor’s staff are expected to abide by the terms of this policy. The 

following arrangements have been made for informing them of its existence:‐ 

(i) 

(ii) 

Employees receiving visitors to council premises shall ensure that those 

visitors are aware of the smoking policy. 

Employees appointing contractors will ensure those contractors are informed 

of the smoking policy prior to commencement of work. 

A full copy of the Workplace Smoking Policy is attached to your appointment letter and 

available on the intranet, from the Risk Services or from Human Resources. 

16. Membership Of A Trade Union 

This Authority, as your employer, supports the system of collective bargaining in every 

way and believes in the principle of solving industrial relations problems by discussion 

and agreement. For practical purposes, this can only be conducted by representatives 

of the employers and of the employees. If collective bargaining of this kind is to 

continue and improve for the benefit of both, it is essential that the employees' 

organisations should be fully representative. Newark and Sherwood District Council is 

associated with other Local Authorities represented on the National Councils dealing 

with Local Authorities' Services. It is equally sensible for you, too, to be in membership 

of a trade union representing you on the appropriate negotiating body and you are 

encouraged to do so. 

You have the right to join a trade union and to take part in its activities. Details of the 

specified trade unions on the appropriate negotiating body are available for you to refer 

to in Human Resources. 

17. HGV Licence Holders 

Employees who hold an HGV licence are required to have regular medicals. It is the 

employee's responsibility to inform their Supervisor or Line Manager that they are due 

for a medical so that an appointment can be arranged with the Council's Occupational 

Health provider.

18. Safety Spectacles 

Where risks are present and eye protection cannot be worn over ordinary spectacles, 

the employer is required to provide suitable safety spectacles with prescription lenses. 

Employees, who need to wear ordinary spectacles whilst at work and are identified as 

being subject to risk and are required to use safety spectacles, shall be referred to the 

Council's approved optician. 

19. Protective Clothing 

Protective clothing will be issued to employees in compliance with the Personal 

Protective Equipment Regulations 1992. Employees are expected to take reasonable 

care of all items issued to them and any loss should be reported to the Supervisor or 

Line Manager a soon as possible. Employees leaving the employment of the Council 

are required to return all items issued to them or the value of the non‐returned items 

will be deducted from their wages. 

20. Driving Licence 

Employees will be asked to produce a current driving licence before they are allowed to 

drive any council owned or hired vehicle, or one on hire and annually thereafter when 

requested by their Line Manager. Any employee using his or her own vehicle on Council 

business will be required to produce annually a valid insurance certificate which 

confirms cover for business use. 

21. Probationary Period 

Your appointment is subject to a 3/6 months probationary period unless you have 

continuous service (Para 2). Either you or the Council may, at any time during or at the 

conclusion of this period, terminate the employment by giving one week's notice. The 

probationary period may, on occasion, be extended at the Council's discretion in which 

case you will be advised accordingly.


APPENDIX 1 

SELF‐CERTIFICATION OF SICKNESS ABSENCE 

This form is to be completed by all employees in respect of periods of illness as under:‐ 

(a) 

(b) 

(c) 

For periods of illness of less than four consecutive days which include one or more days 

absence from work, Sections A and B to be completed on return to work. 

For periods of illness of four or more consecutive days (including Saturdays and Sundays) 

and, irrespective of whether or not working days are involved, the whole of the Self‐ 

Certified Form should be completed (with the possible exception of question 7) and 

returned to the appropriate officer in your Service area on the fourth day of absence or as 

soon as possible thereafter. 

Employees are reminded that the making of false statements in respect of sickness 

absences could possibly lead to internal disciplinary action and might lead into further 

action being taken in respect of a fraudulent claim for Statutory Sick Pay. 

REMEMBER IF YOU HAVE BEEN ILL FOR 4 CONSECUTIVE DAYS OR MORE, PLEASE RE‐NOTIFY 

YOUR ABSENCE 

If you are ill for more than 7 consecutive days, see your doctor and submit a medical certificate. 

However, do not delay seeing your doctor if you consider you need medical advice or 

treatment. 

SECTION A 

1. FULL NAME (use Block Capitals) ...........................................................……………................. 

2. HOME ADDRESS ..............................................................................……………….................... 

(and Post Code) 

..............................................................................……………….................... 

3. TELEPHONE/MOBILE NUMBER ........................................................................................... 

4. DATE OF BIRTH ..............................................................................……………….................... 

5. POST/POSTS FROM WHICH YOU WERE ABSENT .........…………………………………………….……… 

6. SERVICE AND WORK BASE ..................................................…………………………............. 

SECTION B 

7. My illness commenced on .....................................................................…………….... 

8. Date of return to work ...................................................................……………….. 

9. Please state briefly why you are unfit for work ........................................………………… 

(statements such as "illness" or "unwell are insufficient) 

.......................................................................................................……………………….…. 

10. (i) Do you believe your illness is a result of an industrial 

injury/industrial disease 

YES/NO* 

(ii) Has the injury/disease yet been diagnosed by your doctor YES/NO*

SECTION C 

11. Have you received a letter from the D.S.S. within the last YES / NO* 

eight weeks indicating you are excluded from S.S.P.? 

IF YES, ENSURE THIS HAS BEEN FORWARDED DIRECT TO EXCHEQUER SECTION 

12. Are you in legal custody? YES / NO* 

(*delete as necessary) 

EITHER 

(i) 

I declare that I have not worked during the period of sickness stated and to the best of 

my knowledge the information given is correct. 

OR 

(ii) 

On behalf of the employee named above, I declare that he/she has not worked during 

the period of sickness stated and that to the best of my knowledge the information 

given is correct. 

Signed ...................................................... 

Date ...................................................... 

Tick the box if you have signed on behalf of the employee named above 

 

SELFCERT – August 2008

1. INTRODUCTION 

DISCIPLINARY AND DISMISSAL PROCEDURE (1/5/2012) 

1.1 It is the aim of the Council to encourage improvement in individual conduct and 

performance. The disciplinary procedures are designed to provide employees with a 

fair and consistent method of dealing with alleged failures to comply with certain 

standards of behaviour within their work sphere. 

1.2 These procedures can be entered at any stage depending on the severity of the alleged 

offence. 

1.3 These procedures apply to all officers including Deputy Chief Officer and below but 

do not apply to Chief Officers who are subject to different disciplinary procedures in 

accordance with JNC conditions of service and, in the case of designated statutory 

officers, legislative requirements. In addition all officers holding politically restricted 

posts are subject to a notification procedure prior to any notice of dismissal being 

given (paragraph 8.8 of this procedure refers). 

2. WHO DEALS WITH THE DIFFERENT LEVELS OF THE PROCEDURE? 

2.1 Anyone at Deputy Chief Officer level or above has the power to commission an 

investigation, suspend, discipline and dismiss employees, following consultation with 

the Business Manager Human Resources and Legal Services. 

2.2 For the purpose of this policy the terms Chief Officer and Deputy Chief Officer are as 

defined in Section 2 of the Local Government and Housing Act 1989. 

3. PRINCIPLES OF THE PROCEDURE 

3.1 Any allegation of a disciplinary offence will be dealt with as a matter of urgency. The 

procedure is designed to establish the facts quickly and to deal consistently with 

disciplinary issues. 

3.2 No disciplinary action will be taken until the matter has been fully investigated and the 

status quo will normally apply until the investigation has been completed. (The 

Commissioning Officer must be satisfied on the evidence available that the allegation 

was not made maliciously). 

3.3 The nature and extent of the investigations will depend on the seriousness of the 

matter. Unless otherwise agreed with the employee (in accordance with paragraph 6.4) 

an investigatory meeting will be held before a decision is taken to proceed to a 

disciplinary interview. 

3.3.1 When it is necessary to convene an investigatory meeting the employee will be notified 

in writing of the matters to be investigated at least 5 working days prior to the meeting 

taking place. 

3.4 At each stage the employee will be advised of the nature of the complaint, be given the 

opportunity to state their case, and have the right to be represented or accompanied by 

a workplace colleague, a trade union representative or an official employed by a trade 

union.

3.5 Any employee subject to a disciplinary interview shall be informed as quickly as possible 

in writing of the Manager's decision, together with the reasons relating thereto. 

3.6 Employees have a right to appeal against any disciplinary action taken against them. 

3.7 No action should be taken against a Trades Union Official until the circumstances of 

the case have been discussed confidentially with either a senior or full‐time Trades 

Union Official of the Union concerned. 

3.8 Unless special circumstances prevail (e.g. gross misconduct), no employee should be 

dismissed for a first breach of discipline. 

3.9 Where, following investigation, an allegation is deemed to be unfounded the employee 

shall be informed in writing accordingly. No account of such an allegation will be 

recorded or reported to any future disciplinary hearing. This paragraph does not relate 

to informal action as referred to in paragraph 5.1. 

3.10 If an employee is charged with, or convicted of a criminal offence this is not normally in 

itself a reason for disciplinary action. However, consideration will be given to what 

effect the charge or conviction has on the employee’s suitability to do the job and their 

relationship with the Council, work colleagues, customers etc. 

3.11 The Commissioning Officer must inform the relevant Portfolio Holder as soon as 

possible of any cases of suspension or dismissal. 

3.12 If an employee raises a grievance during the disciplinary process the process may be 

temporarily suspended to determine whether the matters are related. In circumstances 

where it is determined that matters are related then it may be appropriate to deal with 

both issues concurrently. Wherever practicable a different officer will be appointed to 

investigate the grievance. Where matters are deemed by the Commissioning Officer, 

following consultation with the Business Manager HR and Legal, not to be related the 

disciplinary process will continue and the grievance will be dealt with following 

completion of the disciplinary process. 

4. DISCIPLINARY ACTION 

4.1 The form of any disciplinary action will depend on the nature of the offence and the 

circumstances. 

5. INFORMAL ACTION 

5.1 It is hoped that a range of minor disciplinary matters can be dealt with informally by a 

frank and open discussion between the line manager and the employee. If the 

employee wishes they may have a workplace colleague or a trades union representative 

present. It is not expected that a full‐time union official would normally represent the 

employee in such informal discussions. If appropriate, a note of the discussion will be 

prepared by the manager, agreed with the employee and circulated. This action will not 

constitute a ‘formal warning’ and the discussions and the note should not be referred to 

once a period of 6 months has elapsed after the meeting.

6. FORMAL ACTION 

6.1 Minor disciplinary breaches beyond those referred to in Paragraph 5.1, (i.e. normally 

action that, if proven, may result in an oral warning) may be dealt with by the 

appropriate line manager. Following a reasonable investigation the employee should be 

invited in writing to attend a disciplinary interview, informed of the nature of the 

complaint against them and informed of their right to be accompanied by a workplace 

colleague, a trades union representative or an official employed by a trade union. If, at 

the conclusion of the interview a registration of concern (formally an oral warning) is 

given this will be recorded on the appropriate form (Appendix D), together with a brief 

statement of the circumstances. This will be sent to the Business Manager, Human 

Resources and Legal Services, to be placed on the employee's personal file. The Line 

Manager will send a copy to the employee. 

6.2 In cases where a more serious breach of discipline occurs, if the required improvement 

is not made or maintained after an oral warning or there has been a further minor 

breach of discipline, an officer of the Council will be appointed by a Deputy Chief Officer 

or above to carry out an investigation to establish the relevant facts. This person will be 

referred to as the Investigating Officer. The matters to be investigated should be set out 

in writing for the employee prior to the investigation. The employee is expected to cooperate 

with any such investigation. They may be accompanied by a workplace 

colleague, a trades union representative or an official employed by a trade union. It is 

acknowledged that during the investigation additional items of a potential disciplinary 

nature may be identified. The investigation may be extended to include these provided 

that this is confirmed in writing to the employee and the employee is given a further 

opportunity to respond to them. Any investigation by the Internal Audit Section, under 

the “Internal Audit Investigations Interviewing Procedure” may constitute such a 

preliminary investigation but if the matters to be investigated are not set out in writing 

before the investigation commences then the employee may request a further separate 

investigation prior to any disciplinary interview being instigated. The audit interviewing 

procedure specifies rights of representation. An investigation under the Council’s 

Dignity at Work Policy may also constitute a preliminary investigation under this 

paragraph and the terms of the investigation will normally be set out in the complaint 

investigated under that procedure. 

6.3 At the conclusion of the investigation the Investigating Officer will prepare a report for 

the Commissioning Officer summarising the key information that can be established, 

any areas of contention and a recommendation as to whether a disciplinary interview 

should be the next stage of the process. This report will be sent to the employee and 

any workplace colleague, a trades union representative or an official employed by a 

trades union used by the employee. The employee or their representative will be given 

5 working days to comment in writing on this report. Once completed the report is 

then sent to the Commissioning Officer. 

6.4 Exceptionally the manager may reach agreement with the employee that such a 

preliminary investigation is not necessary and in these circumstances the investigation 

will involve collation of evidence by the employer for use at any disciplinary interview. 

6.5 If the Commissioning Officer comes to the conclusion that formal disciplinary action 

should be taken the following three‐step process should be followed.

7. STEP ONE 

7.1 The Commissioning Officer will write to the employee notifying them of the 

allegations against them, the basis of the allegation and the possible consequences. 

Within the letter they will be requested to attend a Disciplinary Interview at a 

specified date/time/location and advised of their right to be accompanied by a 

workplace colleague, a trades union representative or an official employed by a trades 

union. As part of this process the employee will also be afforded the right to discuss 

the matter with their representative prior to the interview taking place. A copy of 

the final report and all relevant documentary evidence will also be forwarded to the 

employee at this point. 

7.2 The employee’s chosen representative will be given the opportunity to speak on the 

employee’s behalf in order to: 

i) put the employee’s case forward; 

ii) sum up the employee’s case; 

iii) respond on the employee’s behalf to any view expressed at the interview and 

iv) confer with the employee during the interview. 

The representative will not, however, be able to answer any questions directly posed 

to the employee. 

7.3 A minimum of 10 working days notice (or such other time as may be mutually agreed in 

any particular case) will be given in order to permit the employee adequate time to 

prepare their case. 

8. STEP TWO 

8.1 A Disciplinary Interview should be held to discuss the allegations. After the interview 

the employee must be informed of any decision in writing and offered the right of 

appeal. 

8.2 Any documents that will be referred to at the interview should be sent to the other 

party at least 5 working days prior to the interview. Documents submitted after this 

date will only be allowed at the discretion of the officer hearing the case. The 

Investigating Officer’s report and any attached papers can be used and referred to also 

at the interview by either party. 

8.3 If either party intends to call relevant witnesses they are required to notify the other 

party at least 5 working days prior to the interview taking place. 

8.4 Appendix B covers the procedure to be followed at a Disciplinary Interview. 

8.5 The employee must take all reasonable steps to attend the interview. If the 

employee fails to attend the Disciplinary Interview through circumstances outside 

their control and unforeseeable at the time the meeting was arranged, the Chair will 

arrange another date to hold the interview. A decision may be taken on the 

evidence available in the employee’s absence if they fail to attend the re‐arranged 

interview without good reason.

8.6 If on the evidence presented the Chair leading the interview concludes that the alleged 

breach of discipline is substantiated they will decide on the appropriate disciplinary 

action to be taken. This can include: 

(i) 

(ii) 

(iii) 

(ii) 

Written warning 

Final written warning 

Dismissal with due notice or pay in lieu thereof 

Summary dismissal (gross misconduct only). 

There may also be occasions where the Chair leading the interview decides on another 

form of penalty or sanction such as further training, demotion, or a move to another 

job. Where demotion and / or a move to another job results in a reduction in pay, 

salary protection arrangements will not apply. 

8.7 Where it is decided that no action is justified the employee should be informed. 

8.8 In circumstances where a decision is taken to dismiss an employee whose post is 

designated as politically restricted, the following shall apply: 

In the case of politically restricted posts as defined in the Local Government and 

Housing Act 1989, (other than assistants for political groups), there is a requirement 

under the Local Authorities (Standing Orders) (England) Regulations 2001, as 

reflected in the Officer Employment Procedure Rules contained in the Council’s 

Constitution, for the proper officer (the Chief Executive or an officer authorised by 

them to act on his/her behalf) to notify all members of the Cabinet of the person 

who is to be dismissed, to give them the opportunity to object within a period to be 

determined by the Leader and for the “dismissor” to be satisfied that there are no 

objections or that any objections are not material or well founded before Notice of 

Dismissal is given. Where an officer is subject to this procedure, any objections 

made by any member of the Cabinet will need to be considered by the Chair of the 

Disciplinary Interview before confirming their proposal to dismiss. 

8.9 Any decision will be confirmed in writing to the employee within 5 working days (with 

the exception of those employees occupying a politically restricted post where there is a 

proposal to dismiss in which case the timescale will be extended to take account of the 

provisions outlined at paragraph 8.8 above), together with details of the right to appeal. 

8.10 The employee should also be given a clear indication of the consequences, which could 

ensue from the need for any further disciplinary action. The appropriate form 

(Appendix D) should also be completed and a copy sent to the employee and to the 

Business Manager Human Resources and Legal Services. 

8.11 In the event that there is no senior officer in the Council able to conduct a disciplinary 

interview if it would otherwise be inappropriate given the particular circumstances for 

the disciplinary interview to be conducted by an officer, the disciplinary interview shall 

be conducted by a member panel. 

NOTE: it should be noted that Chief Officers are subject to different procedures which require 

the establishment of an Investigating and Disciplinary Sub‐Committee. The provisions 

set out in paragraphs 8.11 are therefore likely to apply only in exceptional 

circumstances (Investigation and Disciplinary Procedures for Chief Officers refer).

9. STEP THREE‐ (APPEALS) 

9.1 An employee wishing to appeal against disciplinary action must submit to the Business 

Manager, Human Resources and Legal Services written notice clearly stating their 

grounds of the appeal in writing within 10 working days of receiving the written 

confirmation of the action to be taken. 

9.2 The employee will then be invited to attend an Appeal Hearing, which will be held 

within 20 working days of the date of the receipt of the appeal notification. 

9.3 The Appellant will be given written notice at least 10 working days in advance of the 

time and place of the hearing. He/she may be represented or assisted by a 

workplace colleague, a trades union representative or an official employed by a trades 

union and may call witnesses and produce documents relevant to their defence at 

the hearing. 

9.4 All Appeals will be heard by a more senior officer of the Council not concerned with the 

case, save for those circumstances where the matter relates to a Chief Officer in which 

case different procedures apply. Wherever possible the officer hearing the appeal will 

be from a different Directorate. 

9.5 Employees serving a probationary period, who are not transferred to established staff 

on the grounds of capability/failed probation, will have a right of appeal to a more 

senior officer of the Council. 

9.6 Any disciplinary sanction imposed will remain in force unless and/or until it is modified 

as a result of the appeal. 

9.7 At an appeal hearing, papers (including the statement of case of both parties) shall be 

exchanged at least 5 working days before the date of the hearing, together with details 

of any witnesses to be called by either party. The Appellant shall be provided on 

request with all relevant documentation, e.g. contract of employment, copies of original 

correspondence (subject to this not being privileged information). 

9.8 Any request from either side for the period of notice in respect of a hearing and/or the 

exchange of papers to be extended shall not be unreasonably refused. 

9.9 The decision of the Appeals Panel will normally be announced to the Appellant (and 

the representative) and the Authority’s representative personally and will be 

confirmed in writing to the parties concerned within 5 working days. 

9.10 The decision of the Appeals Panel will be final, subject to any additional employee 

rights under which the Appellant or Trade Unions can if they so wish pursue to any 

other appropriate external body. 

9.11 At the conclusion of the disciplinary proceedings, statements to the media by 

employees of the Council should be made only through approved and existing media 

liaison outlets. Both the employee and management are expected, normally, to protect 

the confidentiality of the proceedings especially where either a dismissal has not been 

the outcome or, if it has, until the internal appeal mechanisms have been exhausted. 

N.B: 

See Appendix C on the Procedure of Appeal.

10. GROSS MISCONDUCT 

10.1 Where an offence of gross misconduct is alleged to have been committed the employee 

may be suspended immediately with pay pending an investigation. 

10.2 A Disciplinary Interview should then be arranged in accordance with Section 8 of this 

document. 

N.B: 

See Appendix A, for examples of gross misconduct. 

11. SUSPENSION 

11.1 In cases where a period of suspension with pay is considered necessary, this period will 

be as brief as possible and kept under review. 

11.2 Suspension itself is considered to be a ‘neutral’ act and therefore should not be viewed 

as any form of disciplinary action. 

11.3 When an employee is to be suspended: 

(i) 

(ii) 

(iii) 

the appropriate Portfolio Holder must be advised immediately; 

a full investigation must take place as quickly as possible; 

there should be prior consultation with the relevant Chief Officer or Business 

Manager, Human Resources and Legal Services as appropriate. If this is not 

practicable (e.g. the incident occurs at the weekend), the employee may be 

suspended in the first instance for up to 72 hours. Consultation should then 

take place and the suspension should either be confirmed in writing or the 

employee should be allowed to return to work. 

11.4 An employee may be suspended by any officer operating at Deputy Chief Officer level or 

above:‐ 

(i) 

(ii) 

(iii) 

to enable a full investigation to be made where the possibility of dismissal may 

arise; 

in any case provided for by the appropriate National Conditions of Service. 

where it might be prudent to remove the employee from their place, or type, of 

work. 

11.5 Where there are grounds for doubt as to the suitability for the employee to continue to 

work in his/her present job pending investigations, then temporary redeployment shall 

be considered if appropriate and practicable as an alternative to suspension. 

11.6 The reasons for any suspension will be made clear to the employee in writing as soon as 

possible. This will normally be the next working day. 

11.7 During the period of suspension the employee shall always receive a normal day’s pay. 

11.8 An employee has no right of appeal against suspension.

12. REVIEW OF WARNINGS 

12.1 Where a warning has been given the records will be subsequently reviewed. The 

warning will be regarded as "spent", i.e. not taken into account in any future disciplinary 

matter after the following period:‐ 

(i) 

(ii) 

(iii) 

registration of concern (formally an oral warning) ‐ 6 months; 

written warning ‐ 1 year; 

final written warning ‐ 2 years. 

If the employee's behaviour has been satisfactory for the given period then the warning 

will be removed from their personal file and the employee informed in writing by the 

Business Manager, Human Resources and Legal Services. If a further warning has been 

given within the time period of the last warning, then this will be taken into account. 

13. WITNESSES 

13.1 Normally witnesses providing factual information at disciplinary interviews and 

appeal hearings will not be present throughout the proceedings. Technical witnesses 

and the employee’s chosen representative may be present throughout. In the event 

of uncertainty the panel will determine the status of witnesses. 

13.2 Although there is no requirement for a witness to always produce a written statement 

beforehand, all parties are encouraged to do so, using if possible the form given in 

Appendix E, especially where serious allegations have been made. Such documents will 

be exchanged under the arrangements specified in Paragraph 8.2. 

13.3 Witness statements should not be sent or shown to other witnesses although it is 

acknowledged that representatives presenting the evidence or defending the employee 

may discuss the contents of other witness statements with their witnesses, especially 

relating to matters of contention. 

13.4 Representatives of both the employee and management are expected to use their best 

endeavours to ensure that their witnesses do not contact the witnesses of the other 

party. 

13.5 Wherever practicable it is anticipated that key witnesses will attend in person. 

Witnesses may not be willing to attend in exceptional circumstances, particularly 

relating to ‘fear’. In such circumstances the officer conducting the interview will, at 

the request of the other party, adjourn the interview at the appropriate time and put 

further questions, submitted by either party, to the absent witness. This may be 

done orally or in writing and the officer will report on the answers given at the recommencement 

of the interview. 

14. DISMISSALS – NON DISCIPLINARY ACTION 

14.1 The three‐step process outlined in this procedure for dealing with issues relating to 

conduct or capability must also be followed for dismissals in the following 

circumstances: 

i) non‐renewal of a temporary or fixed term contract. 

ii) 

on the grounds of ill health

iii) Redundancy (except where the dismissal is one of a group of redundancies covered 

by the duty of collective consultation of worker representatives under the Trade 

Union and Labour Relations (Consolidation) Act 1992 

iv) probationary employees not transferred to established staff (i.e. failed probation). 

14.2 The three‐step process is summarised as follows: 

Step one 

Step two 

Step three 

The employee must be advised in writing that the Council is contemplating 

dismissal clearly outlining the circumstances / reasons for this. 

The employee must be invited to attend a meeting where the issue can be 

discussed. The employee must take all reasonable steps to attend. After 

the meeting the employee shall be informed in writing of the termination 

of employment within 5 working days of the meeting and advised of their 

right to appeal and the timescale for doing so. 

If the employee wishes to appeal, they must submit to the 

BusinessManager, Human Resources and Legal Services written 

notice clearly stating the grounds of the appeal within 10 working 

days of receiving the written confirmation of termination of 

employment. The employee should be invited to attend an appeal 

hearing and the final decision communicated to the employee.

APPENDIX A 

EXAMPLES OF GROSS MISCONDUCT 

Gross Misconduct is misconduct of such a nature that the Authority is justified in no longer 

tolerating the continued presence at the place of work of the employee who commits such an 

act. Dismissal without notice may occur in the event of gross misconduct, but only after the 

matter has been considered through the formal disciplinary machinery. 

It is not possible to give a comprehensive list of actions or behaviour which would be regarded 

as gross misconduct but the following may be taken as some examples:‐ 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

unauthorised removal of the Authority's property; 

sexual offences; 

sexual misconduct at work; 

fighting; 

physical assault; 

falsification of time sheets, subsistence and expenses claims, etc.; 

theft; 

malicious damage to Authority property; 

deliberate falsification of qualifications or information which are a statutory or essential 

requirement of employment or which results in additional remuneration; 

being under the influence of drink or drugs sufficient to affect work performance; 

deliberate unauthorised disclosure of confidential information (including breaches of 

the Data Protection legislation); 

gross negligence in the performance of duties; failure to observe rules affecting the 

safety of themselves, other employees, the public or; 

wilful refusal to obey a reasonable instruction; 

accepting gifts/incentives from Contractors and professional consultants or other such 

bodies; 

lobbying elected members for personal benefit /gain or to protect one’s own position; 

conviction for a criminal offence having a direct bearing on the employee's suitability 

for continued employment; 

Any form of discrimination or harassment, either verbal or written (including through 

the use of a social media site or other www locations). Examples of this could be 

persistent and/or serious taunts, insults and other statements of prejudice that have 

given or could have given serious offence to another party. 

 

 

 

breach of personal security passwords associated with new technology 

Accessing unfit or obscene WWW areas or running up a chargeable account 

Deliberately giving misleading information during harassment or disciplinary 

investigations. 

This list is neither exclusive nor exhaustive, and in addition there may be other offences of a 

similar gravity that would constitute gross misconduct. The list is subject to amendment in the 

light of any negotiations on disciplinary rules and procedures that may take place with the 

recognised unions and therefore can only be regarded as provisional.

APPENDIX B 

DISCIPLINARY INTERVIEW PROCEDURE 

The interview will be conducted in the following manner: 

1. Introduce all parties. 

2. Explain the procedure. 

3. Management present the case for disciplinary action. 

4. The employee or their representative can cross‐examine. 

5. The panel hearing the case to ask questions. 

6. Witness to be called by each party in turn. The party calling the witness will ask 

questions first, followed by the other party, then the panel. After giving evidence each 

witness will be asked to withdraw. They will be reminded to keep the content of the 

interview /discussions confidential. 

7. The employee or their representative to present their arguments (the representative 

can ask questions but cannot respond to questions posed directly to the employee). 

8. The individual being disciplined should be allowed to raise any points they wish to. 

9. The Manager presenting the case for disciplinary action to cross‐ examine. 

10. The panel to cross‐examine. 

11. Any further questions by any party. 

12. Both sides then to retire, the Panel make a decision considering all the facts. 

13. The Authority's representative and the Appellant may be required to clear points of 

uncertainty in the evidence already given. 

14. The parties return and the decision is given verbally* and the right of appeal stated. 

15. The decision to be confirmed in writing as per the procedure. 

* Except in the case of employees who occupy politically restricted posts where a 

provisional decision is taken to dismiss, in which case they will be advised of the 

proposal to dismiss along with the arrangements that follow thereafter (refer to 

paragraph 8.7 of the procedure) 

NOTE 

In circumstances where the employee has been notified in advance of the hearing that 

dismissal is a possible outcome, a tape recording of the interview will be made. Copies of the 

recording will be made available to both the employee and also the person chairing the 

interview so that they may use the recording as evidence in any subsequent appeal hearing.

APPENDIX C 

PROCEDURE AT APPEAL HEARINGS 

(CAPABILITY, DISMISSAL AND DISCIPLINARY PROCEDURES) 

1. The Panel hearing the appeal against dismissal will comprise of a more senior officer than 

the one who took the disciplinary action (the Chairman), assisted by an officer from 

Human Resources not previously involved. Wherever possible the Chairman will be from 

a different Directorate. 

2. After introductions the Panel Chairman will set out the purpose and procedure of the 

appeal hearing. 

3. The management representative (i.e. the dismissing officer) will explain the reasons for 

the original decision. Any witness called by the management representative to give 

evidence will be excluded from the remainder of their side’s presentation. 

4. Witnesses may be called by the dismissing officer. 

5. The dismissing officer and any witnesses called by the Authority, having given evidence 

against the appeal may then be the subject of examination by the Appellant (or their 

representative). 

6. The witnesses may then be re‐examined by the dismissing officer on the evidence 

provided through his/her examination. 

7. Members of the Appeals Panel may ask questions of the dismissing officer and witnesses 

on the submitted evidence. 

8. The Appellant (or their representative) will state the case in the appeal. The Appellant 

(who may be present throughout the proceedings) may be called to present evidence. 

Any officer or local trades union representative called to give evidence by the Appellant 

or their representative will be excluded from the remaining of their side’s presentation. 

9. Witnesses may be called by the Appellant (or their representative). 

10. The Appellant and any witnesses called having given evidence in support of the appeal 

may then be the subject of examination by the dismissing officer. 

11. The witness may then be re‐examined by the Appellant (or representative) on the 

evidence provided through his or her examination. 

12. Members of the Appeals Panel may ask questions of the Appellant and witnesses on the 

submitted evidence. 

13. The dismissing officer shall have the opportunity to sum up the case. 

14. The Appellant (or representative) shall have the opportunity to sum up the case. 

15. The Appellant (and representative) and the dismissing officer together with any 

witnesses, shall withdraw.

16. The Appeals Panel will deliberate in private only recalling the Appellant (and 

representative) and the dismissing officer to clear points on uncertainty on evidence 

already given. If re‐call is necessary, both parties will return, notwithstanding that only 

one of them is concerned with the point giving rise to doubt. 

17. The decision will normally be announced to the Appellant (and the representative) and 

the dismissing officer personally and will be confirmed in writing to the parties concerned 

within 5 working days. 

NOTES: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

With the exception of those named in Paragraph 3 and Paragraph 8, witnesses will not be 

present throughout the proceedings. After completion of each stage the witnesses will 

be instructed not to discuss the case in any way until the appeal has been determined. 

Each statement of case should identify beforehand the names of the witnesses that will 

be called to give evidence. Other witnesses may be called only at the discretion of the 

Chairman. It will be for the representative presenting the case to determine his/her 

witnesses although the Chairman may rule out of order a particular question (prior to it 

being answered). 

Documents not contained in the statement of case will not be admitted although the 

Chairman may accept these in exceptional circumstances. In such cases the other party 

may ask for a reasonable adjournment. 

A tape recording made at the time of the dismissal and transcript notes will be accepted 

as evidence from either party. In cases of dispute regarding the content of the 

transcripted notes the tape recording will be used in preference to the notes. 

The representatives and Appellant will be sent written notice of the appeal hearing at 

least 10 working days in advance. 

Papers, including statement of case, shall be exchanged at least 5 working days before 

the date of the hearing. 

Any request from either side for the period of notice in respect of a hearing and/or 

exchange of papers to be extended shall not be unreasonably refused.


APPENDIX D 

D I S C I P L I N A R Y W A R N I N G 

1) Name: Job Title: 

Business Unit 

2) Date Warning Recorded and Given: 

3) Specific Details of Alleged Complaint(s) or Offence(s): 

4) Details of Response by Employee: 

5) a) State type of warning given:‐ Oral/Written/Final Written 

b) Details of warning given: 

c)* This warning constitutes the first stage of the Disciplinary Procedure 

d)* Further offence(s) will, according to the gravity of the offence result in:‐ 

(i) 

(ii) 

(iii) 

(iv) 

A Written Warning, or 

A Final Written Warning 

Suspension 

Termination of your Employment 

e) This warning will remain on record until ................................. 

f) There is a right of appeal against this warning. Notice of appeal should be sent 

to the Business Manager, Human Resources and Legal Services, Kelham Hall, 

Newark within ten working days of the date of receipt. 

* Delete as appropriate 

6) Remedial action to be taken to encourage improved performance/conduct – (Instruction, 

Training, demotion, counselling etc) 

I confirm that this warning has been received and the details at item 5 have been read to me 

and understood. 

Signed ………………………………………(Employee) Date ……………………………….. 

Signed: ……………………………………..(Employer) Designation ………………………….


APPENDIX E 

WITNESS STATEMENT 

STATEMENT OF: 

AGE IF UNDER 21: 

This statement (consisting of pages each signed by me) is true to the best of my knowledge and 

belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have 

wilfully stated in it anything that I know to be false or do not believe to be true. 

Dated the day of 20 

SIGNATURE: 

SIGNATURE: 

SIGNATURE WITNESSED BY:


CONTINUATION SHEET NO: 

SIGNATURE: 

SIGNATURE WITNESSED BY:


STANDARD AND MODIFIED GRIEVANCE PROCEDURES (Effective date: 01/02/11) 

INTRODUCTION 

1.1 A grievance can be defined as “a complaint by an employee about action 

which his/her employer has taken or is contemplating taking in relation to 

him/her”. 

1.2 If you have a grievance relating to your employment, other than the grading of your 

post, you have a right to express it. 

1.3 If an employee raises a grievance during the disciplinary process the disciplinary process 

may be temporarily suspended to determine whether the matters are related. In 

circumstances where it is determined that matters are related then it may be 

appropriate to deal with both issues concurrently. Where matters are not related the 

disciplinary process will continue and the grievance dealt with following completion of 

the disciplinary process. 

1.4 Where a grievance applies to more than one person within the same section or is 

similar 

to that raised by another employee in the same section the grievances may be deal 

with collectively. This will not only save time and resources from both the employer 

and employee perspective but will also ensure that the issue is dealt with in a fair 

and consistent manner. In these circumstances the usual procedure will apply in 

that individuals will be encouraged to raise the matter informally through their 

supervisor/line manager in the first instance before escalating the matter formally. 

1. INFORMAL PROCEDURE 

2.1 Employees should aim to settle most grievances informally with their line manager. 

2.1.1 You should see your immediate line manager as the person who, in most cases, can best 

respond to your complaint. 

2.1.2 If the complaint is against the person with whom the grievance would normally be 

raised, you should approach that person’s manager or another manager within the 

service area. 

2.1.3 The immediate line manager should reply orally to the grievance as soon as possible and 

in any case within 5 working days. 

2.1.4 You are entitled at any time to pursue the matter yourself or to consult your workplace 

colleague, a trade union representative or an official employed by a trade union , who 

may handle it for or with you. 

2.1.5 If you wish to pursue a matter after you have seen your immediate line manager then 

consult your representative with a view to taking advice, and if agreed, to re‐opening 

the discussion with your immediate line manager. 

2.1.6 If you are still dissatisfied or the grievance cannot be settled informally, then you should 

turn to the following formal procedure to raise a formal grievance.

FORMAL PROCEDURE – STANDARD PROCEDURE 

3.1. STEP ONE 

3.1.1 You (or your representative) must set down in writing the nature of the grievance by 

completing the form attached at Appendix A and send it to your Manager for his/her 

consideration. A copy of the form should also be sent on to Personnel & Training for 

recording purposes/retention on your personal file. 

3.2. STEP TWO 

3.2.1 You and a representative if you so wish, will be invited to attend a meeting at a 

reasonable time and place at which the grievance can be discussed. 

3.2.2 The recommended procedure for conducting a Grievance Meeting is attached at 

Appendix B. 

3.2.3 In accordance with the procedure, you will be asked to re‐state your grievance and how 

you would like to see the matter resolved. 

3.2.4 During the meeting your chosen representative will then have the opportunity to put 

and sum up your case, respond on your behalf to any views expressed and confer with 

you throughout. 

3.2.5 Within five working days of the meeting the Manager or other nominated officer will 

formally reply to your grievance in writing informing you of any decision and where 

appropriate action to be taken to resolve your grievance. In addition you will also be 

advised of your right to an appeal in the event that you are not content with the 

outcome/action taken in relation to your grievance. 

3.2.6 If it is not possible to respond within five working days you will be given an explanation 

for the delay and be told when a response can be expected. 

3.3 STEP THREE 

3.3.1 If you continue to feel aggrieved in respect of your original complaint and consider the 

grievance has not been satisfactorily resolved you may appeal to a more senior officer 

of the Council assisted by a member of Human Resources. To lodge an appeal you 

should write to the Human Resources Manager informing them that you wish to appeal 

against the decision or failure to make a decision and the reasons why. This should be 

done within 10 working days of receipt of any written confirmation confirming the 

decision/ action to be taken. 

3.3.2 In circumstances where an appeal to a more senior officer of the Council is not 

available (for example where the grievance itself relates to a senior officer) the 

appeal will be referred to a member panel, which will be drawn from the 

membership of the Human Resources Committee. 

3.3.3 Following receipt of your letter confirming your intent to appeal you will be invited 

to attend an Appeal Hearing. The hearing will take place in accordance with the 

procedure attached at Appendix C within20 working days following receipt of your 

letter. During the hearing you will be afforded the right to representation details of 

which will be included in the letter inviting you to attend the appeal hearing.

3.3.4 Following the hearing the Officer hearing the appeal (or the member panel if 3.3.2 

above applies) will write to you within five working days confirming the 

outcome/decision of the hearing. 

3.3.5 The matter is to end at this stage except where it is agreed between the parties that an 

important issue of principle arises and/or the matter relates to a significant or sensitive 

authority wide issue, which could be considered through the Joint Consultative 

Committee. 

3.3.6 Every effort will be made to deal with your complaint as speedily as possible. Please 

remember that some cases need time to investigate fully. You are asked not to raise 

questions that are not related to your employment. 

4. Formal Procedure – Modified Procedure 

4.1 The modified procedure will apply where the procedure outlined at section 3 above 

would otherwise apply but where the employment has ended and either: 

i) the employer was not aware of the grievance before the employment ended; 

ii) 

iii) 

or was aware but the procedure outlined at section 3 above was not started or 

completed by the time the employment ended; and 

the parties have agreed in writing that the procedure outlined at section 4 shall 

apply. 

4.2 In such cases the following procedure should be followed: 

4.2.1 STEP ONE 

4.2.1.1 The former employee must set out in writing: 

i) the grievance; and 

ii) 

the basis for it. 

4.2.2 STEP TWO 

This statement must be sent to the Human Resources Manager. 

4.2.2.1 The appropriate manager will set out their response in writing and send to the 

former employee within ten working days of receipt of the letter setting out their 

grievance. 

4.2.2.2 If it is not possible to respond within ten working days the employee will be given an 

explanation for the delay and be told when a response can be expected. 

5. Procedure for dealing with grievances in respect of Chief Officers and the Head of 

Paid Service

5.1 Where a grievance is lodged which relates in whole or in part to the Head of Paid 

Service, or where the grievance is lodged in whole or in part against a Chief Officer and 

it is considered that it may be difficult or inappropriate to undertake an investigation 

internally, an independent investigator will be appointed with the Head of Paid Service 

or, in the case of a grievance against the Head of Paid Service, the designated deputy 

having delegated authority to make such appointment. 

5.2 The independent investigator shall be deemed “the manager or other nominated 

officer” for the purposes of step two of the Standard Formal Grievance Procedure. 

(Paragraph 3.2.5 ante refers) and a member panel dealing with step three (paragraph 

3.3.2 ante refers).

Grievance Form 

Appendix A 

STEP 1 – Formal written Statement of Grievance 

As outlined in the Council's Standard and Modified Grievance Procedures this form is to be used for submission 

to your Section Manager or equivalent. A copy should also be sent to the Personnel & Training Officer for 

monitoring purposes/retention on your personal file. If you require help in completing this form, please contact 

your Trade Union representative, a workplace colleague, or Personnel & Training. All cases will be dealt with 

sympathetically and in confidence. 

Your Name(s) Your Division Your Dept/Section 

Your Job Title(s) 

Name of your 

Supervisor(s)/Line 

Manager(s) 

Type of Grievance: 

Individual/Collective 

HAVE YOU TRIED TO RESOLVE THIS MATTER INFORMALLY? 

YES / NO 

HAVE YOU CONSIDERED OR ENTERED INTO MEDIATION TO RESOLVE THIS MATTER? 

YES/NO 

DETAILS OF COMPLAINT: 

WHO ‐ name of individual(s) complained 

about: 

WITNESSES ‐ names (if relevant): 

WHAT – your concerns are/why you feel 

disadvantaged: 

WHEN ‐ date(s) of incident(s): 

WHERE (location): 

WHY (if you have tried to deal with this 

matter informally without success please 

provide brief details of who you spoke to 

and what happened? 

HOW – what outcome do you want? 

Statement: Please explain clearly your complaint, stating when the problem first began and 

continuing up to the present date. Where possible give specific details of dates and incidents 

(you may continue on a separate sheet if necessary and attach evidence in support of your 

grievance). Please sign and date the end of your statement. 

SIGNED: 

DATED:


Recommended procedure for conducting a Grievance Meeting 

Appendix B 

Notes 

 

 

 

 

 

 

The meeting will be held in private and free from interruption. 

A member of Human Resources will attend the meeting to take management notes, 

provide guidance on procedural matters and act as a witness to the proceedings. 

If the employee has requested that the meeting is recorded the person chairing the 

meeting will ensure that appropriate facilities are in place. 

During the meeting adjournments may be requested by either party. 

The person chairing the meeting will introduce those present. If the meeting is 

taped, all parties will be required to give their names for recording purposes at the 

beginning of the meeting and after any adjournments. 

Where applicable a copy of the tape will be provided to the employee(s) at the end 

of the meeting. 

Order of the meeting 

1. The person chairing the meeting will ask the employee(s)/representative to re‐state 

their grievance and how they would like to see the matter resolved. 

2. The workplace colleague or trade union representative will be afforded the 

opportunity to provide any additional comments. 

3. The person chairing the meeting may question the employee(s) or work place 

colleague/trade union representative to seek clarification around any of the issues that 

have been raised. 

4. The employee(s) and/or workplace colleague/trade union representative will be 

provided with the opportunity to summarise their grievance. 

5. The employee(s) and representative will be asked to withdraw and the person 

chairing the meeting will consider the case and determine whether any further 

investigation is required. The person chairing the meeting may seek guidance from the 

Human Resources representative on procedural matters. 

6. Once the person chairing the meeting has had an opportunity to consider the case 

and determine whether any further investigation is required the employee and 

workplace colleague/trade union representative will be recalled and advised of the 

outcome. 

7. If appropriate the meeting will be adjourned so that investigations can be carried out 

before a response is provided. Where possible these investigations will be carried out 

within 5 working days or as soon as is reasonable practicable thereafter in line with 

discussions with the employee(s) and/or workplace colleague/trade union 

representative. 

8. Once the investigations have been completed the employee and workplace 

colleague/trade union representative will be recalled and advised of the decision. The 

decision will be confirmed in writing within 5 working days. 

9. The employee(s) will be advised of their right of appeal against the decision and 

informed with whom that appeal should be lodged and what timescales in line with the 

procedure.

Appendix C 


STANDARD GRIEVANCE APPEAL HEARING PROCEDURE 

1. Employee(s) or their representative, to present their grievance calling any relevant 

witnesses. 

2. Management representative to put questions to Employee(s) or their representative. 

3. Appeal Panel to put questions to Employee(s) or their representative. 

4. Management representative to respond calling any relevant witnesses. 

5. Employee(s) or representative to put questions to Management representative. 

6. Appeal Panel to put questions to Management representative. 

7. Management representative to sum up. 

8. Employee(s) or their representative to sum up. 

9. Adjournment. 

10. Appeal panel to reconvene and announce their decision. 

NOTE: 

The Representatives and Appeals Panel may put Questions to witnesses after 

they have given their evidence.

1 INTRODUCTION 

APPENDIX 4 

GUIDANCE ON MATERNITY PROVISIONS – APRIL 2011 

1.1 

1.2 

This information applies to all female employees regardless of the number of hours 

per week that they work. 

The following definitions are used in this policy: 

"Expected week of childbirth" means the week, starting on a Sunday, during which the 

employee's doctor or midwife expects her to give birth. 

"Qualifying week" means the 15 th week before the expected week of childbirth. 

2 BASIC RIGHTS 

2.1 A pregnant employee has the following basic rights: 

a) To paid time off to attend appointments for antenatal care, as advised by her 

doctor, registered midwife or registered health visitor. providing she produce 

evidence of appointments if requested to do so by their supervisor/manager. 

b) Not to be dismissed because she is pregnant or for reasons relating to the 

pregnancy. 

c) To a minimum of 26 weeks ordinary maternity leave (OML) and up to 26 weeks 

additional maternity leave, making a total of 52 weeks. 

d) To receive occupational maternity pay if she satisfies the necessary conditions. 

e) To return to the job in which she was originally employed before the maternity 

leave began, unless there are extenuating circumstances. 

3 

3.1 

OBLIGATIONS OF THE EMPLOYEE 

On becoming pregnant, an employee should notify her line manager as soon as 

possible. This is important as there are health and safety considerations for the 

Company. 

3.2 To be entitled to these provisions, the employee must continue to be employed until 

immediately before the beginning of the 11 th week before the expected week of 

childbirth. 

3.3 The employee shall notify, her supervisor/manager and HR, at least 28 days before she 

wishes to begin her maternity leave or as soon as is reasonably practicable: 

a) that she is pregnant 

b) the expected week of childbirth 

c) The employee is requested to send her maternity certificate from her 

doctor/midwife stating her expected week of childbirth (Form MATB1). 

d) the date of the beginning of her maternity leave, (this should be in writing) 

3.4 If the child is born before maternity leave has begun, the day following the birth will 

be classed as the first day of maternity leave. In this situation, the employee must 

notify her supervisor/manager that she has given birth.

4 

4.1 

OBLIGATION OF EMPLOYER 

To write to the employee within 28 days of receiving notification of their intended 

date of commencement of maternity leave, confirming the date on which she is 

expected to return to work if she take her full 52 weeks entitlement to maternity 

leave. 

5 MATERNITY PAY 

5.1 Employees who have completed more than one year’s continuous Local Government 

service at the beginning of the 11 th week before the expected week of confinement 

are entitled to the following: 

Weeks 1‐6 

9/10ths of a week’s pay 

Weeks 7 – 18 Half pay plus Statutory Maternity Pay (SMP) or Maternity Allowance 

(MA). This cannot exceed full pay. Alternatively the equivalent 

amount (i.e. 6 weeks’ pay) may be paid on any other mutually 

agreed distribution. 

Weeks 19 – 39 SMP entitlements 

5.2 Employees who do not intend to return to local government service are entitled to 

receive SMP (see para 6.2). 

5.3 

5.4 

5.5 

If the employee decides to accept pay for weeks 7‐18, prior to returning to work, then 

she will be required to sign a declaration stating that the Authority has the right to 

recover the 12 weeks pay plus any costs involved if they do not return for a period of 

3 months. If this happens, they will be required to refund the gross amount paid to 

her during this period excluding the SMP payments 

To avoid this situation, arrangements can be made with Payroll by the employee, to 

withhold payment until the employee has returned to Local Government service for 3 

months. 

The employee has the right to accept another job with other Local Authorities whilst 

on maternity leave without having to refund any maternity pay. However, if the 

employee does not complete 3 months service with the new employer, then the 

Council has the right to seek repayment of the 12 weeks half pay and cost of doing so. 

5.6 Employees who have less than one year’s continuous Local Government service at the 

beginning of the 11 th week before the expected week of childbirth shall be entitled to 

Statutory Maternity Pay (SMP) – See paragraph 6.2 

6 

6.1 

STATUTORY MATERNITY PAY 

To qualify for SMP the following requirements must be met: 

a) They have 26 weeks continuous service at their qualifying week (the 15 th week 

before the expected week of childbirth) 

b) Average earnings in the 8 weeks ending with the 15 th week before the expected 

week of child birth must be equal to the lower earnings limit for the payment of 

National Insurance contributions 

c) They are still pregnant at the 11 th week before for the expected week of childbirth 

or have given birth

6.2 

6.3 

6.4 

6.5 

6.6 

6.7 

7. 

7.1 

7.2 

Those claiming SMP will receive 9/10ths full pay for the first six weeks followed by 33 

weeks at the standard rate for SMP, (or 9/10ths if this is less) 

If the employee becomes eligible for a pay rise between the start of the original 

calculation period and the end of her maternity leave (whether ordinary maternity leave 

or additional maternity leave), the higher or standard rate of SMP will be recalculated to 

take account of the employee's pay rise, regardless of whether SMP has already been 

paid. This means that the employee's SMP will be recalculated and increased 

retrospectively, or that she may qualify for SMP if she did not previously. The employee 

will be paid a lump sum to make up any difference between SMP already paid and the 

amount payable as a result of the pay rise. 

Statutory maternity pay is treated as earnings and is therefore subject to PAYE and 

national insurance deductions. 

Payment of SMP cannot start prior to the 11 th week before the employee's expected 

week of childbirth. Statutory maternity pay can start from any day of the week in 

accordance with the date the employee starts her maternity leave. 

Statutory maternity pay is payable whether or not the employee intends to return to 

work after her maternity leave. 

Employees who do not qualify for SMP may qualify for maternity allowance (MA) or 

other benefits. These are paid directly by the Benefits Agency and it is the employees 

responsibility to claim them using form SMP1. 

MATERNITY LEAVE ENTITLEMENT 

All female employees are entitled to 26 weeks Ordinary Maternity Leave (OML) plus 

26 weeks Additional Maternity Leave (AML). This is regardless of the number of hours 

they work or their length of service. Additional Maternity leave begins on the day 

after ordinary maternity leave ends. 

The earliest an employee can begin their maternity leave is at the beginning of the 

11 th week before the expected week of childbirth (unless her child is born 

prematurely before that date in which case it will start earlier). 

7.3 Maternity leave will start on whichever date is the earlier of: 

 

 

 

the employee's chosen start date; 

the day after the employee gives birth; or 

the day after any day on which the employee is absent for a pregnancy‐related 

reason in the four weeks before the expected week of childbirth. 

7.4 Employees must take at least two weeks compulsory maternity leave from the date of 

childbirth. 

7.5 If the child is born early or stillborn after 24 weeks of pregnancy, an employee is 

entitled to maternity leave and pay. The employee does not have to notify her 

employer of her intended maternity leave date. The maternity leave period begins 

automatically on the day following the birth. The woman is required to notify her 

employers that she has given birth as soon as is reasonably practicable.

8 RIGHT TO RETURN TO WORK 

8.1 

8.2 

8.3 

Subject to Para. 7.4, On resuming work after ordinary maternity leave, the employee 

is entitled to return to the same job as she occupied before commencing maternity 

leave on the same terms and conditions of employment as if she had not been absent. 

On resuming work after additional maternity leave, again she is entitled to return to 

the same job as she occupied before commencing maternity leave on the same terms 

and conditions of employment as if she had not been absent. However, if it is not 

reasonably practicable for the Company to allow the employee to return to the same 

job, the Company may offer the employee suitable alternative work, on terms and 

conditions that are no less favourable than would have applied if she had not been 

absent. 

Any request to return to work on a job share/part time basis should be made in 

writing to the relevant Director giving as much notice as possible. 

8.4 Where it is not practicable by reason of redundancy for the Authority to permit her to 

return to work in her job as defined in Para, 7.1, the employee shall be entitled to be 

offered a suitable vacancy where one exists. The work to be done in that post should 

be suitable to her and appropriate to the circumstances. The capacity and place in 

which she is to be employed and her terms and conditions of employment should not 

be substantially less favourable to her than if she had been able to return to the job in 

which she was originally employed. 

8.5 Suitable alternative employment may also be offered if exceptional circumstances 

other than redundancy (e.g. a general reorganisation), necessitate a change in the job 

in which she was employed prior to her maternity leave. The work to be done should 

be suitable to her and appropriate to the circumstances. The capacity and place in 

which she is to be employed and her terms and conditions of employment should not 

be less favourable to her than if she had been able to return to the job in which she 

was originally employed. 

9 

9.1 

9.2 

EXERCISE OF THE RIGHT TO RETURN TO WORK 

It will be assumed that an employee will return to work at the end of the Additional 

Maternity Leave period. If an employee wishes to return earlier than this they must give 

21 days notice. 

Where the notice given is less than 21 days the employer may postpone the return to 

ensure 21 days’ notice, but not beyond the end of the maternity leave period. 

9.3 If you wish to return even earlier than the original notified return date you will have to 

give notice 21 days before the new date. If you want to postpone your early return you 

will have to give notice 21 days before the original early return date. 

9.4 For an employee, where, because of an interruption of work (whether due to 

industrial action or some other reason) it is unreasonable to expect her to return on 

the due date, she may instead return when work resumes, or as soon as reasonably 

practicable thereafter.

10 

10.1 

11 

11.1 

11.2 

11.3 

EMPLOYEES NOT INTENDING TO RETURN 

Employees who decide that they do not wish to return are asked to let their manager 

know in writing as soon as they have made their decision or after the birth whichever 

is later. Until a resignation has been received the Council will assume that the 

employee intends to return at the end of her maternity leave period. If the notice 

period would expire after maternity leave has ended, the Council may require the 

employee to return to work for the remainder of the notice period. 

TRANSFER OF MATERNITY LEAVE 

If an employee proposes to return to work early without using her full 52‐week 

entitlement to maternity leave by giving proper notification of an early return in 

accordance with the rules set out above, she may be eligible to transfer up to 26 

weeks of her outstanding maternity leave (and outstanding SMP) to her spouse, civil 

partner or partner, or the father of her child, to be taken as additional paternity leave 

(and additional statutory paternity pay) on her return to work. 

The earliest that additional paternity leave may commence is 20 weeks after the date 

on which the employee’s child is born and it must end no later than 12 months after 

the date of birth. The minimum period of additional paternity leave is two consecutive 

weeks and the maximum period is 26 weeks. The employee must therefore have at 

least two weeks of her maternity leave that remains unexpired. 

Further details should be obtained from the employee’s spouse’s or partner’s 

employer. If the employee does wish to transfer part of her maternity leave 

entitlement in this way, she will be required to submit a written and signed 

declaration form to that employer, who may also make additional enquiries to verify 

its employee’s entitlement to additional paternity leave and pay. 

12 FLEXIBLE WORKING ARRANGEMENTS 

12.1 You have the right to request flexible working following the birth of a child. Any 

requests should be made in accordance with the Council Policy and Procedure on the 

Right to Request Flexible Working. The Policy and relevant forms are available from 

HR or on the Council’s intranet. The right is not an automatic right to flexible working 

but the right to request flexible working. However, managers should consider the full 

range of flexible working arrangements and support facilities for employees returning 

to work. The needs of breast feeding employees should also be taken into account. 

13 RELATIONSHIP WITH SICKNESS 

13.1 

Maternity leave will not be treated as sick leave and will not therefore be taken into 

account for the calculation of the period of entitlement to sickness leave. 

13.2 

13.3 

Ordinary maternity leave and additional maternity leave shall be regarded as 

continuous service for the purposes of the National Joint Council’s sickness schemes 

and annual leave. 

If an employee is absent from work during pregnancy owing to sickness, she will 

receive normal statutory or contractual sick pay in the same manner as she would 

during any other sickness absence provided that she has not yet begun ordinary 

maternity leave.

13.4 If the woman is absent because of sickness due to pregnancy/childbirth after the 

beginning of the 4 th week before the expected week of childbirth, she must notify her 

employer and the maternity leave starts automatically from this date. In this 

situation, the employee must notify her supervisor/manager that she is absent wholly 

or partly because of pregnancy. 

13.5 Where an employee is unable to return on the expected day due to sickness the 

absence will be covered by the sickness scheme in the normal way. 

14 ANNUAL LEAVE 

14.1 

14.2 

14.3 

Ordinary Maternity leave and unpaid Additional Maternity leave will not affect an 

employee’s annual leave entitlement. 

Employees are encouraged to take any outstanding annual leave due to them before 

the commencement of ordinary maternity leave. Employees are reminded that 

holiday must be taken in the year that it is earned and therefore if the holiday year is 

due to end during maternity leave, the employee should take the full year's 

entitlement before starting her maternity leave. 

If maternity leave runs into a new leave year, only a maximum of up to 5 days leave 

can be carried forward into the new leave year if formally requested and approved. 

Please also note that there are no provisions in the conditions of service for the 

payment of any untaken leave and this option is not therefore available. 

14.4 If employees return to work on a job share/part time basis, their leave entitlement 

will be calculated on a full time basis up to the end of the paid maternity leave period 

and on a pro‐rata basis thereafter. 

15 PENSION 

15.1 If pension contributions are normally paid, then employees are required to continue 

contributions on the actual maternity and contractual pay they are entitled to receive 

during the whole of their paid maternity leave period, while employer contributions 

will be based on the salary that the employee would have received had she not gone 

on maternity leave. 

15.2 If maternity leave exceeds the paid maternity leave period, employees may opt to pay 

the contributions on their return to work either as a lump sum or through 

instalments. Employees opting to pay contributions should notify the Senior 

Personnel Officer or Exchequer Section in writing. 

15.3 If the employee does not return to work and has less than 3 months service, 

contributions will be refunded. An employee with more than 3 months service and 

not returning to work will be unable to re‐claim Pension contributions as these will be 

retained in the Pension Fund. 

16 NSDC CAR LOAN SCHEME 

If an employee has a Newark and Sherwood District Council car loan, they will 

continue to pay contributions through their salary as normal during the paid part of 

their maternity leave. They will continue to pay the insurance and interest (if 

applicable) on their loan throughout the unpaid period. They may defer repaying the 

capital on the loan until the return to work. The employee should make 

arrangements with the Exchequer Section for the payments that need to be made

during the unpaid period of maternity leave. 

17 

CONTINUOUS SERVICE 

If an employee returns to Local Government service following a break for maternity 

reasons, she will be entitled to have previous service taken into account provided 

that:‐ 

a) break in service does not exceed 8 years and 

b) No permanent full‐time paid employment was undertaken during the 8 year 

period. 

18 HEALTH AND SAFETY 

18.1 A risk assessment of the employee’s work place will be undertaken to ensure there is 

no health and safety risk to the employee as an expectant or breast feeding mother. 

18.2 

18.3 

If the risk assessment reveals that the employee would be exposed to health hazards 

in carrying out her normal job duties, the Company will take such steps as are 

reasonably necessary to avoid those risks, such as altering the employee's working 

conditions. In some cases, this may mean offering the employee suitable alternative 

work (if available) on terms and conditions that are not substantially less favourable. 

Where an unacceptable risk has been identified, the Council will take any protective 

or preventative action necessary to eliminate it. Where the risk cannot be eliminated, 

she will be suspended from work on full pay for health and safety reasons. 

19 OTHER RELATED ISSUES 

19.1 Fertility Treatment 

The Council will make reasonable time‐off arrangements for employees undergoing 

fertility treatment. 

19.2 Miscarriage, Termination, Still‐birth and Death of a Baby 

If the baby dies or is still‐born after 24 weeks’ pregnancy the maternity scheme 

applies. Where a miscarriage occurs or there is a termination, sympathetic 

consideration should be given to the individual circumstances and special leave 

granted as appropriate. The decision should be based on the needs of the employee. 

19.3 Premature Birth 

Where a baby is born prematurely, managers should consider each case on its merits 

and the action required. For example, an extension of the maternity leave period 

might be appropriate. 

19.4 Work during maternity leave 

The maternity regulations provide that a woman can do 10 days’ work during her 

maternity leave without bringing her maternity leave to an end. Work for part of a day 

will count as one day. There will be no loss of SMP for working for up to 10 days, 

however for any further work beyond 10 days’ during her maternal leave SMP will be 

lost for that week.

Work is defined as any work done under the contract of employment and may include 

training, staff appraisal, team meetings or any activity undertaken for the purposes of 

keeping in touch with the workplace. 

The provision is designed to facilitate a woman working during this period. The 

employer cannot insist that an employee carries out any work and she is protected 

from suffering a detriment or being dismissed for refusing to do so. Equally an 

employee cannot insist on being given any work to do. 

Maternity leave will not be extended due to the fact that an employee has carried out 

some work during this period. 

An employee will continue to receive SMP for the week in which she works. 

Where an employee works SMP for the day will be offset against any pay due. 

19.5 Contact Schemes 

Shortly before commencing maternity leave your manager will discuss the 

arrangements for them to keep in touch during your leave, should they wish to do so. 

Managers and employees should maintain reasonable contact during the maternity 

leave period to discuss such issues as the return to work or any special arrangements 

to be made. Managers need to ensure that employees are also kept informed of job 

vacancies, any significant workplace developments and training opportunities that 

may occur during their maternity leave. This would not constitute ‘work’ and would 

not therefore count towards the 10 days.

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