Staff Policies: Difference between revisions

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{{Notice|This is a DRAFT for adoption by the board on 11th February 2012}}
#REDIRECT [[Constitution]]
 
==Bullying and Harassment Policy==
 
We expect that all working relationships will be characterised by respect. Any kind of behaviour which undermines, exploits, humiliates, ridicules or threatens another person will not be tolerated.
 
The law defines harassment as unwanted conduct that affects the dignity of people in the workplace or creates an intimidating, hostile, degrading, humiliating or offensive environment.
 
If it is serious enough, a single incident can be harassment. It is irrelevant that no offense was meant; the effect on the recipient is what determines whether words or actions are harassment. Bullying can never be excused by saying, “But I was only joking”. It is also irrelevant that the person offended was not the intended target. For example, if a colleague expresses offensive views in a conversation which does not include you but takes place in your presence, you would still be entitled to complain about it.
 
The most common forms of harassment are: a person being ridiculed, patronised, excluded, bullied, intimidated, physically or verbally threatened or even assaulted. This list is not exhaustive. Harassment can be unlawful.
 
; What to do if you are being bullied or harassed
 
If you are being bullied or harassed, the first step, if possible, is to confront the harasser. Clearly state that the behaviour is offensive and that you want it to stop. If you do not feel able to do this by yourself, ask the Chief Executive, or if the complaint is against the Chief Executive, the Chair of the Board for help.
 
Received complaints must be dealt with promptly and thoroughly. In most instances, the Chief executive or Chair should be able to put a stop to the problem informally, without recourse to further action.
 
; The formal complaint process
 
A formal complaint of harassment may be made if informal action is thought to be insufficient by the member of staff making the complaint.
 
When a formal complaint is made, the Chief Executive or Chair will begin an investigation within ten days of the complaint being received. They will appoint an investigator, who will normally be someone senior to the person making the complaint and who has had no involvement in the matters complained of. The objective of any investigation will be to uncover all relevant information. Investigations must be thorough, but must also be carried out with all due urgency. Confidentiality and discretion are paramount.
 
An essential part of any investigation is to interview the person making the complaint. At this meeting, they may be accompanied by a colleague or by a trade union representative or official.
 
; The Right to be Accompanied
 
To exercise the right to be accompanied, employees must make a reasonable request. It will not normally be reasonable for employees to insist on being accompanied by a companion whose presence would prejudice the meeting or who might have a conflict of interest, nor would it be reasonable to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing is available on site or more locally.
 
The role of the companion can include addressing the meeting to sum up the employee’s case and conferring with the employee, if the employee wishes, but it does not include answering questions on the employee’s behalf or preventing them from speaking. If the original time set for the meeting is during the normal working hours of the companion, he or she will normally be released from his or her duties to attend the hearing. However, if the companion cannot be available on the date for which the hearing has been arranged, an alternative time will be set within five working days from the day after the original hearing date.
 
In certain limited circumstances, the Chief executive or Chair may decide that we should allow the employee to be accompanied by someone other than a fellow worker or a trade union representative. Two examples would be where there are language difficulties or where it would be a reasonable adjustment for someone with a disability. It will be open to the Chief Executive or Chair to refuse to allow anyone to act as a companion that he or she considers inappropriate for this role and we reserve the right to ask for full details of the proposed companion’s identity and qualifications in order to make this decision.
 
; Investigation
 
An investigation may also involve taking statements from other members of staff. The investigating person will make it clear that in the interests of fairness, any statements may be copied to the member of staff whose conduct is being investigated. If a member of staff is afraid of reprisals from the employee under investigation, we will try to protect his or her identity, if we can. In any event, the investigating manager will ensure that everyone they speak to is informed that the process is confidential and must not be discussed.
 
Both parties to the complaint will be advised of the outcome within two weeks of the end of the investigation. Disciplinary procedures will then begin if appropriate.
 
Reports and other information produced during the investigation may be made available on request to both parties to the complaint and will not be unreasonably withheld.
 
The kind of follow-up action that might be necessary following the investigation of a complaint of bullying or harassment could include:
 
* Disciplinary proceedings against a person found to have subjected someone to harassment;
* Training for the person found to have subjected someone to harassment;
* Disciplinary proceedings against a complainant who makes an ill-founded complaint and who does not hold an honest belief in the complaint.
 
; Appeals
 
If the outcome is adverse to the employee, he or she will have the right to appeal against the decision taken. For further information, please consult the Appeals Procedure.
 
==Confidentiality Policy==
 
Wikimedia UK believes strongly in being an open and transparent organisation. There are however areas where confidentiality needs to be protected.
 
This policy applies to all staff, trustees and volunteers of Wikimedia UK. The data covered by the confidentiality policy is targeted at:
* Information about the organisation where there are special sensitivities, e.g. legal issues. As a rule Wikimedia UK expects to conduct its business in an open and transparent manner.
* Information about other organisations
* Information about individuals, for example, clients, volunteers, donors and staff whether recorded electronically or in paper form
 
All staff, volunteers and others who work at Wikimedia UK must respect the need for confidentiality of information held about anyone who comes into contact with the charity, and about any charity business. This is expected to continue even when contact has ceased with this person, and when the volunteer or staff member no longer works for Wikimedia UK.
 
This policy should be read in conjunction with Wikimedia UK’s [[#Data Protection Policy|Data Protection Policy]].
;Information about individuals
Wikimedia UK is committed to ensuring appropriate confidentiality for all individuals. The confidentiality is between the individual and the organisation, not the members of staff or volunteer delivering a service or event for example.
 
Confidential information will not be sought from a client unless expressly in the interests of that client, i.e. to enable a better service delivery.
 
Information will only be passed to another agency or to other individuals outside of the charity with the consent of the client, where possible this will be with written consent. If a member of staff or volunteer intends to get information from another agency to help the client or to refer them to another agency then this must be explained to the client and their permission given.
 
No personal information about staff, volunteers or clients will be given to any third party including a member of their family, without the consent of the client. Information will only be divulged on a “need to know” basis.
 
Individual's information will be treated in confidence and will not be divulged to anyone outside the organisation except where extenuating circumstances exist (see below). However, in order that we can provide the best possible services it may be necessary to share information with the CE or colleagues within Wikimedia UK.
In no circumstances should details of a volunteer, trustee or member of staff be discussed with anyone outside of the organisation or in an open plan area in such a manner that it is possible to identify the client.
 
Staff and volunteers should take due care and attention when speaking to clients and using the telephone or fax. No client should be able to hear a conversation or personal details of volunteer, trustee or member of staff.
 
;Use of client information for publicity, reporting or training purposes
Wikimedia UK does need to be able to give information where appropriate about the impact of our services.
 
If one of our services has an outcome which would provide useful material for publicity, reporting or training purposes, then wherever possible the permission of the client will be sought in writing before the story is told to anyone else. If permission cannot be obtained then any details that would enable identification of the client to be made will be changed.
 
;Limits to client confidentiality
In certain circumstances Wikimedia UK reserves the right to break confidentiality should this be deemed necessary. These circumstances include:
* If a member of staff believes that someone could cause danger to themselves or to others.
* If a member of staff suspects abuse or has knowledge of abuse
* If the client gives information which indicates that a crime has been committed
* If disclosure is required by law, for example, by the police
* If a person is felt to lack the mental capacity to make a decision. In such cases staff or volunteers will discuss with the CE or Chair and they will only act in the client’s best interest.
* If the client gives information which indicates a possible terrorist threat.
 
The decision on whether to break confidentiality will be decided on a case by case basis and always in conjunction with the CE or Chair.
 
;Access to personal data
This Policy operates on a “need to know” basis and apart from staff and volunteers in the office of Wikimedia UK, no-one will have access to client or organisational information unless it is relevant to the service or their work.
 
All donors and members have the right to request access to all information stored about them, and have a right to see a copy of this confidentiality policy on request.
 
If any party concerned has a sensory or physical impairment, efforts should be made to ensure that all aspects of this policy and exchanges between parties are understood.
 
Significant breaches of this policy will be handled under Wikimedia UK’s disciplinary procedures.
 
;Evaluation and Monitoring
All staff and volunteers will be given a copy of the policy when they join Wikimedia UK and will sign the confidentiality statement that they will abide by this policy. Wikimedia UK will ensure that all staff and volunteers are trained in the application of this policy.
 
The policy will be reviewed in January 2015 by the Chief Executive and approved by the Board of Trustees. It will also be reviewed in response to changes in relevant legislation, contractual arrangements, good practice or in response to an identified failing in its effectiveness.
 
;Confidentiality statement for staff and volunteers
 
When working for Wikimedia UK, you will often need to have access to confidential information which may include, for example:
* Personal information about individuals who are clients or otherwise involved in the activities organised by Wikimedia UK.
* Information about the internal business of Wikimedia UK.
* Personal information about staff or volunteers working for Wikimedia UK.
 
Wikimedia UK is committed to full transparency but some information needs to be kept confidential in order to protect people and Wikimedia UK itself. ‘Confidential’ means that all access to information must be on a "need to know" basis and properly authorised basis. You must use only the information you have been authorised to use, and for purposes that have been authorised. You should also be aware that under the Data Protection Act, unauthorised access to data about individuals is a criminal offence.
 
You must assume that information is confidential unless you know that it is intended by Wikimedia UK to be made public. Passing information between Wikimedia UK staff and trusted volunteers, or between Wikimedia UK and a mailing house does not count as making it public, but passing information to another organisation does count.
 
You must also be particularly careful not to disclose confidential information to unauthorised people or cause a breach of security. In particular you must:
* not compromise or seek to evade security measures (including computer passwords);
* be particularly careful when sending information to other agencies and organisations;
* not gossip about confidential information, either with colleagues or people outside Wikimedia UK;
* not disclose information — especially over the telephone — unless you are sure that you know who you are disclosing it to, and that they are authorised to have it.
 
If you are in doubt about whether to disclose information or not, do not guess. Withhold the information while you check with an appropriate person whether the disclosure is appropriate.
 
Your confidentiality obligations continue to apply indefinitely after you have stopped working or volunteering for Wikimedia UK.
 
I have read and understand the above statement and the Confidentiality Policy. I accept my responsibilities regarding confidentiality.
 
==Data Protection Policy ==
This policy applies to all staff, trustees and volunteers of Wikimedia UK.
 
===Introduction===
The purpose of this policy is to enable Wikimedia UK to:
* comply with the law in respect of the data it holds about individuals;
* follow good practice;
* protect Wikimedia UK’s clients, staff, donors, volunteers and other individuals
*  protect the organisation from the consequences of a breach of its responsibilities.
 
===Brief introduction to Data Protection Act 1998===
The Data Protection Act gives individuals the right to know what information is held about them. It provides a framework to ensure that personal information is handled properly.
 
The Act works in two ways. Firstly, it states that anyone who processes personal information must comply with eight principles, which make sure that personal information is:
* Fairly and lawfully processed
* Processed for limited purposes
* Adequate, relevant and not excessive
* Accurate and up to date
* Not kept for longer than is necessary
* Processed in line with the rights of Data Subjects
* Secure
* Not transferred to other countries without adequate protection
 
The second area covered by the Act provides individuals with important rights, including the right to find out what personal information is held on computer and most paper records.
 
===Policy statement===
 
Wikimedia UK will:
* comply with both the law and good practice
* respect individuals’ rights
* be open and honest with individuals whose data is held
* provide training and support for staff and volunteers who handle personal data, so that they can act confidently and consistently
 
Wikimedia UK recognises that its first priority under the Data Protection Act is to avoid causing harm to individuals. Information about staff, volunteers and clients will be used fairly, securely and not disclosed to any person unlawfully.
 
Secondly, the Act aims to ensure that the legitimate concerns of individuals about the ways in which their data may be used are taken into account. In addition to being open and transparent, Wikimedia UK will seek to give individuals as much choice as is possible and reasonable over what data is held and how it is used.
As a not for profit organisation collecting data simply about supporters and members we are not required to register under the act.
 
===Definitions===
The Data Subject is the individual whose personal data is being processed. Examples include:
* employees – current and past
* volunteers
* job applicants
* donors
* users
* suppliers.
 
Processing means the use made of personal data including:
* obtaining and retrieving
* holding and storing
* making available within or outside the organisation
* printing, sorting, matching, comparing, destroying.
 
The ''Data Controller'' is the legal 'person', or organisation, that decides why and how personal data is to be processed. The data controller is responsible for complying with the Data Protection Act.
 
The ''Data Processor'' - the data controller may get another organisation to be their data processor, in other words to process the data on their behalf. Data processors are not subject to the Data Protection Act. The responsibility of what is processed and how remains with the data controller. There should be a written contract with the data processor who must have appropriate security.
 
The ''Data Protection Officer'' is the name given to the person in organisations who is the central point of contact for all data compliance issues.
 
===Responsibilities===
The Board of Trustees recognises its overall responsibility for ensuring that Wikimedia UK complies with its legal obligations.
 
The Data Protection Officer is currently Richard Symonds, who has the following responsibilities:
* Briefing the board on Data Protection responsibilities
* Reviewing Data Protection and related policies
* Advising other staff on Data Protection issues
* Ensuring that Data Protection induction and training takes place
* Handling subject access requests
* Approving unusual or controversial disclosures of personal data
* Ensuring contracts with Data Processors have appropriate data protection clauses
* Electronic security
* Approving data protection-related statements on publicity materials and letters
 
Each member of staff, trustee and volunteer at Wikimedia UK who handles personal data will comply with the organisation's operational procedures for handling personal data (including induction and training) to ensure that good Data Protection practice is established and followed.
 
All staff and volunteers are required to read, understand and accept any policies and procedures that relate to the personal data they may handle in the course of their work.
 
Significant breaches of this policy will be handled under Wikimedia UK's disciplinary procedures.
 
 
Because confidentiality applies to a much wider range of information than Data Protection, Wikimedia UK has a separate Confidentiality Policy. This Data Protection Policy should be read in conjunction with Wikimedia UK’s Confidentiality Policy.
 
Wikimedia UK has a privacy statement for clients, setting out how their information will be used. This is available on request, and a version of this statement will also be used on the Wikimedia UK web site. (See Appendix)
 
Staff, volunteers and sessional workers are required to sign a short statement indicating that they have been made aware of their confidentiality responsibilities. (See Confidentiality Policy and Statement.)
 
In order to provide some services, Wikimedia UK may need to share client’s personal data with other agencies (Third Parties). Verbal or written agreement will always be sought from the client before data is shared.
 
Where anyone within Wikimedia UK feels that it would be appropriate to disclose information in a way contrary to the confidentiality policy, or where an official disclosure request is received, this will only be done after discussions with the CE or the Data Protection Officer. All such disclosures will be documented.
 
===Security===
 
This section of the policy only addresses security issues relating to personal data. It does not cover security of the building, business continuity or any other aspect of security.
 
Any recorded information on clients, volunteers and staff will be:
* Kept in locked cabinets
* Protected by the use of passwords if kept on computer
* Destroyed confidentially if it is no longer needed
 
Access to information on the main database is controlled by a password and only those needing access are given the password. Staff and volunteers should be careful about information that is displayed on their computer screen and make efforts to ensure that no unauthorised person can view the data when it is on display.
 
Notes regarding personal data of clients should be shredded or destroyed.
 
===Data Recording and storage===
 
Wikimedia UK has a single database holding basic information about all donors. The back-ups are kept securely.
 
Wikimedia UK will regularly review its procedures for ensuring that its records remain accurate and consistent and, in particular:
* The database system is reviewed and re-designed, where necessary, to encourage and facilitate the entry of accurate data.
* Data on any individual will be held in as few places as necessary, and all staff and volunteers will be discouraged from establishing unnecessary additional data sets.
* Effective procedures are in place so that all relevant systems are updated when information about any individual changes.
*  Staff and volunteers who keep more detailed information about individuals will be given additional guidance on accuracy in record keeping.
*  Data will be corrected if shown to be inaccurate
 
Wikimedia UK stores archived paper records of clients and volunteers securely in the office.
 
===Access to data===
 
All donors, members of staff. trustees and volunteers have the right to request access to all information stored about them. Any subject access requests will be handled by the Data Protection Officer within the required time limit.
 
Subject access requests must be in writing. All staff and volunteers are required to pass on anything which might be a subject access request to the Data Protection Officer without delay.
 
All those making a subject access request will be asked to identify any other individuals who may also hold information about them, so that this data can be retrieved.
 
Where the individual making a subject access request is not personally known to the Data Protection Officer their identity will be verified before handing over any information.
 
The required information will be provided in permanent form unless the applicant makes a specific request to be given supervised access in person.
 
Wikimedia UK will provide details of information to service users who request it unless the information may cause harm to another person.
 
Staff have the right to access their file to ensure that information is being used fairly. If information held is inaccurate, the individual must notify the Chief Executive so that this can be amended and recorded on file.
 
===Transparency ===
 
Wikimedia UK is committed to ensuring that in principle Data Subjects are aware that their data is being processed and
* for what purpose it is being processed;
* what types of disclosure are likely; and
*  how to exercise their rights in relation to the data.
 
Data Subjects will generally be informed in the following ways:
* Staff: in the staff terms and conditions
* Volunteers: in the volunteer welcome/support pack
* Clients: when they request (on paper, on line or by phone) services
* Donors: as part of the process of making donations
 
Standard statements will be provided to staff for use on forms where data is collected.
 
Whenever data is collected, the number of mandatory fields will be kand approved by the Board of Truts will be informed which fields are mandatory and why.
 
===Consent===
 
Consent will normally not be sought for most processing of information about staff. Although staff details will only be disclosed for purposes unrelated to their work for Wikimedia UK (e.g. financial references) with their consent.
 
Information about volunteers will be made public according to their role, and consent will be sought for (a) the means of contact they prefer to be made public, and (b) any publication of information which is not essential for their role.
 
Information about clients will only be made public with their consent. (This includes photographs.)
 
‘Sensitive’ data about clients (including health information) will be held only with the knowledge and consent of the individual.
 
Consent should be given in writing, although for some services it is not always practicable to do so. In these cases verbal consent will always be sought to the storing and processing of data. In all cases it will be documented on the database that consent has been given.
 
All Data Subjects will be given the opportunity to opt out of their data being used in particular ways, such as the right to opt out of direct marketing (see below).
 
Wikimedia UK acknowledges that, once given, consent can be withdrawn, but not retrospectively. There may be occasions where Wikimedia UK has no choice but to retain data for a certain length of time, even though consent for using it has been withdrawn.
 
===Direct marketing===
 
Wikimedia UK will treat the following unsolicited direct communication with individuals as marketing:
* seeking donations and other financial support;
* promoting any Wikimedia UK services or promotional goods;
* promoting Wikimedia UK events;
* promoting membership to supporters;
* promoting sponsored events and other fundraising exercises;
* marketing on behalf of any other external company or voluntary organisation.
 
Whenever data is first collected which might be used for any marketing purpose, this purpose will be made clear, and the Data Subject will be given a clear opt out. If it is not possible to give a range of options, any opt-out which is exercised will apply to all Wikimedia UK marketing. Wikimedia UK does not have a policy of sharing lists, obtaining external lists or carrying out joint or reciprocal mailings.
 
Wikimedia UK will only carry out telephone marketing where consent has been given in advance, or the number being called has been checked against the Telephone Preference Service.
 
Whenever e-mail addresses are collected, any future use for marketing will be identified, and the provision of the address made optional.
 
===Staff training and acceptance of responsibilities===
 
All staff who have access to any kind of personal data will be given copies of all relevant policies and procedures during their induction process, including the Data Protection policy, Confidentiality policy and the operational procedures for handling personal data. All staff will be expected to adhere to all these policies and procedures.
 
Data Protection will be included in the induction training for all volunteers.
 
Wikimedia UK will provide opportunities for staff to explore Data Protection issues through training, team meetings, and supervisions.
 
===Policy review===
 
The policy will be reviewed in January 2015 by the Chief Executive and approved by the Board of Trustees. It will also be reviewed in response to changes in relevant legislation, contractual arrangements, good practice or in response to an identified failing in its effectiveness.
 
Date this policy was approved by the Board of trustees: xx / xx / xxxx
 
===Appendix: Privacy statement===
 
When you request information from Wikimedia UK, sign up to any of our services or buy things from us, Wikimedia UK obtains information about you. This statement explains how we look after that information and what we do with it.
 
We have a legal duty under the Data Protection Act to prevent your information falling into the wrong hands. We must also ensure that the data we hold is accurate, adequate, relevant and not excessive.
 
Normally the only information we hold comes directly from you. Whenever we collect information from you, we will make it clear which information is required in order to provide you with the information, service or goods you need. You do not have to provide us with any additional information unless you choose to. We store your information securely on our computer system, we restrict access to those who have a need to know, and we train our staff in handling the information securely.
 
If you have signed up to an event or other service we will also pass your details to the staff and volunteers providing that service. They may hold additional information about your participation in these activities.
 
We would also like to contact you in future to tell you about other services and events we provide, to keep you informed of what we are doing and ways in which you might like to support Wikimedia UK. You have the right to ask us not to contact you in this way. We will always aim to provide a clear method for you to opt out. You can also contact us directly at any time to tell us not to send you any future marketing material.
 
You have the right to a copy of all the information we hold about you (apart from a very few things which we may be obliged to withhold because they concern other people as well as you). To obtain a copy, either ask for an application form to be sent to you, or write to the Data Protection Officer at Wikimedia UK. There is a charge of £10 for a copy of your data (as permitted by law). We aim to reply as promptly as we can and, in any case, within the legal maximum of 40 days.
 
==Disciplinary policy and procedure==
 
===Purpose and scope===
Wikimedia UK’s aim is to help and encourage all employees to achieve and maintain standards of conduct, attendance and job performance. This procedure applies to all employees and sets out the action which will be taken when rules and procedures are breached. The aim is to ensure consistent and fair treatment for all in the organisation.
 
===Principles===
Informal action will be considered, where appropriate, to resolve problems.
 
No disciplinary action will be taken against an employee until the case has been fully investigated. For formal action the employee will be advised of the nature of the complaint against him or her and will be given the opportunity to state his or her case before any decision is made at a disciplinary meeting. Employees will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of a disciplinary meeting.
 
At the disciplinary hearing, the employee will have the right to be accompanied by a trade union representative, or work colleague. No employee will be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will be dismissal without notice or payment in lieu of notice. An employee will have the right to appeal against any disciplinary penalty.
 
The procedure may be implemented at any stage if the employee's alleged misconduct warrants this.
 
===The Procedure===
;Stage 1 – first written warning
If conduct or performance is unsatisfactory, the employee will be given a written warning or performance note. Such warnings will be recorded, but disregarded for disciplinary purposes after six months of satisfactory service. The employee will also be informed that a final written warning may be considered if there is no sustained satisfactory improvement or change. (Where the first offence is sufficiently serious, for example because it is having, or is likely to have, a serious harmful effect on the organisation, it may be justifiable to move directly to a final written warning.)
 
;Stage 2 – final written warning
If the offence is sufficiently serious, or if there is further misconduct or a failure to improve performance during the currency of a prior warning, a final written warning may be given to the employee. This will include the reason for the warning, the improvement required and the timescale. It will also warn that failure to improve may lead to dismissal (or some other action short of dismissal) and will refer to the right of appeal. A copy of this written warning will be kept by on the employees personnel file but will be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct or performance.
 
;Stage 3 – dismissal or action short of dismissal
If the conduct or performance has failed to improve, the employee may suffer demotion, disciplinary transfer, loss of seniority (as allowed in the contract) or dismissal.
 
===Gross misconduct===
If, after investigation, it is confirmed that an employee has committed an offence of the following nature (the list is not exhaustive), the normal consequence will be dismissal without notice or payment in lieu of notice:
* theft, fraud or act of dishonesty
* deliberate and serious damage to property
* fighting, physical violence or serious abusive behaviour towards people
* incapacity for work due to being under the influence of alcohol or illegal drugs
* failure or refusal to obey a reasonable instruction without good reason
* transmitting confidential information outside the organisation
* serious breach of health and safety obligations
* serious breach of organisation’s rules, policies and procedures
* serious misuse of computer, email or internet facilities
* bringing the organisation into disrepute
 
While the alleged gross misconduct is being investigated, the employee may be suspended from work, during which time he or she will be paid their normal pay rate. Any decision to dismiss will be taken by the employer only after full investigation. If, on completion of the investigation and the full disciplinary procedure, the organisation is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
 
===Appeals===
An employee who wishes to appeal against any disciplinary decision must do so within five working days of receipt of the letter outlining the grounds for the appeal. The appeal hearing will be chaired by a senior manager who was not involved in the original disciplinary hearing. They will review any disciplinary penalty imposed and their decision is final.
 
===Related documents===
Please refer to Redundancy policy and procedures for redundancy dismissals and the non-renewal of fixed term contracts.
 
==Grievance Policy and Procedure==
 
(see also Bullying and harassment)
 
===Dealing with grievances informally===
If an employee has a grievance or complaint to do with work or the people they work with, they should, wherever possible, start by talking it over with their line manager. They may be able to agree a solution informally between themselves.
 
===Formal grievance===
If the matter is serious and/or they employee wishes to raise the matter formally, they should set out the grievance in writing, as soon as possible, to their line manager. The employee should stick to the facts and avoid language that is insulting or abusive. Where the grievance is against the line manager and the employee feels unable to approach him or her you, they should talk to another manager or the Chief Executive.
 
===Grievance hearing===
The manager will call the employee to a meeting, normally within five days, to discuss the grievance. The employee has the right to be accompanied by a colleague or trade union representative at this meeting, if this is reasonable. The manager may decide to adjourn the meeting for any investigation that may be necessary. After the meeting the manager will notify the employee of the decision in writing, without unreasonable delay and, where appropriate, should set out what action the employer intends to take to resolve the grievance. The employee will be informed that they can appeal if they are not content with the action taken.
 
===Appeal===
Where an employee feels that their grievance has not been satisfactorily resolved, they should appeal. They should outline their grounds for appeal without unreasonable delay and in writing.
 
Employees will be invited to an appeal meeting, normally within five days, and the appeal will be heard by someone who has not previously been involved in the case, for example, the Chair of Trustees. Employees have the right to be accompanied by a colleague or trade union representative at this meeting if this is a reasonable request.
 
The outcome of the appeal meeting should be communicated to the employee in writing without unreasonable delay. The appeal decision is final.
 
==Diversity and Equalities Policy==
 
===Introduction===
This policy aims to outline Wikimedia UK’s commitment to ensuring equality of opportunity and equal treatment for staff, volunteers, and Trustees, in terms of employment and access to services; and to provide guidance on anti-discriminatory practice. This policy is non-contractual.
 
===Scope===
The policy applies to employees directly employed by Wikimedia UK, to workers employed via agencies, contractors in terms of employment, Trustees, and volunteers in terms of service provision. The policy applies specifically to discrimination and equality of opportunity in respect of 'protected characteristics' as defined in the Equalities Act 2010:
* Age
* Disability
* Race
* Sex
* Religion or cultural beliefs
* Gender reassignment
* Marital status and civil partnership
* Sexual orientation
* Pregnancy and maternity
 
The policy applies across the range of employment policies and practice, including those relating to Discipline, Grievance, Harassment and Complaints.
 
===Responsibilities===
Wikimedia UK values its staff, contractors, workers, Trustees and volunteers, and expects them to be treated in a respectful manner. Accordingly, all have a responsibility to treat others with dignity and respect. The Chief Executive is responsible for providing advice and guidance on equality and diversity issues, and to ensure the Policy document is kept up to date.
 
===Aims===
As one of Wikimedia UK’s core values is "Ethical Behaviour", Wikimedia UK aims to:
* Promote equality of opportunity
* Celebrate and value diversity
* Eliminate unlawful direct and indirect discrimination
 
Wikimedia UK will provide equality of opportunity and equal treatment as an integral part of good practice. The organisation is committed to a working environment in which the contribution and needs of everyone are fully valued and recognised. We will support our staff, workers, Trustees and contractors in not tolerating any inappropriate, violent or abusive behaviour from colleagues, other organisations or customers.
 
===General purpose===
Wikimedia UK’s practices will ensure that staff, workers, Trustees, and volunteers will not be discriminated against on any grounds including age, disability, race, sex, religion or cultural beliefs, gender reassignment, marital status and civil partnership, sexual orientation, pregnancy and maternity.
 
Wikimedia UK’s commitment to anti-discriminatory practice relates to all kinds of discrimination, as set out below:
* ''Direct discrimination'' - where someone is treated less favourably than another because they have a protected characteristic
* ''Indirect discrimination'' – when a requirement or a condition is applied which has a detrimental effect on a particular group or individual. This applies even if there was not a deliberate intention to discriminate.
* ''Associative discrimination'' – direct discrimination against someone because they associate with another person who has a protected characteristic.
* ''Perceptive discrimination'' - direct discrimination against someone because others think they have a protected characteristic even if they do not possess that characteristic.
* ''Harassment'' – unwanted conduct related to a protected characteristic which violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them. This applies even if the conduct is not directed at the individual or if they do not have the protected characteristic.
* ''Third party harassment'' – potential liability for the harassment of staff by others such as clients or volunteers.
* ''Victimisation'' – when someone is treated badly because they have made or supported a complaint under the Equalities Act or it is thought that they have done so.
 
===Employment Practices===
Wikimedia UK aims to promote equality and diversity as an employer and to ensure that no job applicant or employee receives less favourable treatment or is disadvantaged by conditions or requirements that cannot be shown to be justifiable in the context of the policy. Selection, recruitment, training, promotion and employment practices will be subject to regular review to ensure that they comply with the Diversity and Equalities Policy. Wikimedia UK regards discrimination, abuse, harassment, victimisation or bullying of staff, customers or others in the course of work as disciplinary offences that could be regarded as gross misconduct.
 
===Wikimedia UK as Service Provider===
In offering events or materials Wikimedia UK will seek to ensure access for everyone. This will include, wherever practicable, making specific access arrangements for its customers and their learners with disabilities or learning difficulties, or any other protected characteristic which may apply, such as religion and belief. Wikimedia UK will attempt to ensure that none of its policies discriminate directly or indirectly against any group or individual.
 
===Data Collection===
Wikimedia UK complies with the requirement of the Data Protection Act. Any data, either qualitative and or quantitative, required in order to monitor the requirements or the impact of the Equalities Act 2010, will be collected where it is reasonable, proportionate and practical to do so. Any such requirements will be notified to Wikimedia UK customers and will follow a common data format.
 
This policy will be reviewed on an ongoing basis and amended in line with new developments in Equality and Diversity best practice.
 
==Home Working Policy==
===Introduction===
 
Wikimedia UK strives to be a flexible employer, with work practices that serve its business needs and accommodate the needs of its employees.
 
This policy sets out the mutual rights and responsibilities of Wikimedia UK and the home worker.
 
===1. Home working with Wikimedia UK===
 
Certain posts require the jobholder’s presence at the offices of Wikimedia UK, but staff in these posts will be eligible to work on an occasional basis from home by prior agreement with the Chief Executive.
 
Other roles in the Wikimedia UK may require the jobholder to be away from any office base for most of their working hours. Home working may therefore be a standard condition for these roles.
 
Some roles permit the work to be undertaken from more than one location and, subject to the terms of this policy, jobholders in these posts may work from home.
 
This policy has been written to comply with Wikimedia UK’s statutory obligations under the following legislation:
* Health & Safety at Work Act (1974)
* Data Protection Act (1998)
* Working Time Regulations (1998)
 
===2. Principles of home working at Wikimedia UK===
 
;Business needs
 
Any working practice adopted must serve Wikimedia UK’s business needs as defined locally.
 
Home working is recognised to have the possibility of increasing productivity, raising morale, reducing sickness and absence. Home working can also enable Wikimedia UK to recruit from a wider range of potential employees, and provides an opportunity to keep down cost of space, thus reducing our overall costs and expenditure.
 
;Terms and conditions of employment
 
In all respects other than provided for by this policy, home working staff will retain the same terms and conditions of employment as office-based staff. Their normal place of work however will be identified in their contract of employment as somewhere other than the Wikimedia UK office.
 
Home workers must be available for work duties during their normal hours of work (as agreed with the Chief Executive). Therefore, any domestic arrangements such as ensuring that childcare is available if required must remain in place during hours of work.
 
===3. Equipment===
Staff who work from home may agree with their line manager to use their own personal computer and/or other equipment for work purposes, provided it complies with Wikimedia UK’s hardware and software requirements. However, wherever possible, Wikimedia UK’s equipment and software will be used.
 
A member of staff using their own PC for home working purposes must keep all of the work for Wikimedia UK in one area of the hard disk and restrict access to that area to him/herself only, or on removable media disks which are locked away after use or on a secure cloud platform.
Wikimedia UK does not make a commitment to maintain personal IT equipment used for work purposes. However, if there is heavy use of a piece of equipment on Wikimedia UK’s business, at the discretion of the Chief Executive, Wikimedia UK may negotiate with the staff member a reasonable contribution towards the cost of repair and maintenance.
 
Where personal IT equipment does not comply with Wikimedia UK’s standards or staff do not have the IT equipment necessary for home working, Wikimedia UK will provide (lend) equipment and peripherals appropriate to the job to the home worker and will support and modify the equipment as necessary. The scope of this provision will be at the discretion of Wikimedia UK, agreed at the start of the arrangement, and its appropriateness will be reviewed from time to time as necessary.
 
Where the equipment is provided (lent), but is not installed, by Wikimedia UK, adequate training will be provided to the home worker to do so, or the costs of a local service provider will be met. Thereafter, Wikimedia UK will maintain the equipment on an ongoing basis. Staff will use on-line help facilities to solve minor difficulties. If a major repair is required, it will be the responsibility of the employee to arrange this with either the original lender or an appropriate local provider, once approval has been given by their line manager.
 
Equipment provided (lent) by Wikimedia UK is for the use of the employee only, and the security of any such equipment will be the responsibility of the employee. Wikimedia UK equipment provided for home working purposes may only be used by the home worker and not by others at their place of home working.
 
On termination of employment all equipment supplied should be returned including all storage media and backup copies held. If the PC is your own then all Wikimedia UK documents and email should be backed up, returned to Wikimedia UK on backup media and then deleted from your computer.
===4. Insurance===
Equipment lent by Wikimedia UK for a member of staff to use for home-working purposes will be insured for loss or damage under Wikimedia UK’s insurance policies, providing the Office and Development manager receives the following information:
* Name and address of the employee where the equipment is mainly used / stored.
* Type of equipment, serial number and purchase/replacement cost.
Please note that Wikimedia UK equipment left in a car during working hours must be locked in the boot, out of sight. Equipment must not be left in the car outside of working hours or overnight since it will not be covered by Wikimedia UK’ insurance in such circumstances.
 
If a member of staff purchases their own equipment that may be used for Wikimedia UK’s work, they will be responsible for insuring this equipment.
 
The member of staff will also be responsible for informing their insurance provider that their premises are to be used for work purposes.
 
===5. Space provision and health and safety risk assessment===
 
During the recruitment process the recruiting manager will discuss with the prospective home worker the suitability of the place from where the individual proposes to home work. It should be an area which allows the home worker:
* to generally work free of domestic or other interruption
* to deal with telephone calls in a confidential manner in a quiet environment.
 
The area allocated to work should be adequate in terms of space to accommodate a desk/work surface, office chair, PC, telephone, and lockable storage.
 
All intended home workspaces will be subject to a health and safety risk assessment. The assessment will include identification of hazards and risks, of who could be harmed and how, and of what action should be taken in the event of accidents. The assessments will generally be made by staff themselves, with appropriate support, and should be carried out prior to the home location becoming the workplace. Thereafter a yearly self-assessment must be made, and a re-assessment must take place following any significant changes to the work environment.
 
A full copy of Wikimedia UK’s Health & Safety Policy can be obtained on request from the Administration and Development Manager.
 
If a proposed working location is found to be unsuitable, and modification to reach the necessary standard are not practical/cost effective, then, upholding its duty of care to the employee, the employee will not be permitted to work from that location.
 
===6. Data Protection===
 
Storage, retrieval and manipulation of data by home workers, whether on paper or by computer, must comply with the requirements of Wikimedia UK’s Data Protection Policy.
 
All papers containing confidential or personal information should be locked away in a secure cabinet at the end of the working day.
 
===7. Expenses===
 
Wikimedia UK will provide through the payroll a non taxable allowance of £150 per annum, paid in monthly instalments with salary to offset additional costs associated with home working (e.g. heating and lighting). Copies of invoices are not necessary to claim this allowance.
The allowance will be paid to staff whose base in real and practical terms is their home, and who otherwise would be office-based. The offer (ultimately determined by the Chief Executive) and acceptance of a home working agreement will ultimately define whether an employee is home based. This document may override the definition contained in the employee’s statement of terms and conditions.
 
Wikimedia UK will meet the costs if deemed necessary, of installing a telephone line and provision of equipment as agreed with the Chief Executive.
 
Wikimedia UK will meet the cost of any appropriate additional costs such as a PO Box Address. Any such expenditure must be discussed and agreed with the home worker’s line manager.
The home worker’s base, for the purpose of claiming travel expenses, will be their home address.
Employees who are required to work at home may claim reimbursement of their broadband fee. The amount to be agreed with the Chief Executive.
 
===8. Legal Matters===
 
Home workers are advised to check with the relevant party(s) that there are no severe covenants on the use of their home as an office, either as a result of a mortgage agreement or a lease. It is the home worker’s responsibility to make the appropriate checks and Wikimedia UK will not accept liability for any loss suffered by the worker as a result of failing to make checks.
 
===9. Management ===
 
Management of the home worker, other than where detailed in the provisions of this policy, will not differ from the management of Wikimedia UK office-based staff.
 
The Chief Executive will involve the employee in devising the most appropriate methods of maintaining team cohesion and collaboration, paying particular attention to the working relationship between the home worker and their administrative support. Home workers will be expected to attend meeting at the office as determined by the Chief executive.
 
===10. Communication===
The Chief Executive will agree with home workers the measures that will ensure regularity of one to one supervision and other communications from Wikimedia UK.
 
All home working staff will attend team meetings and other events as specified by Wikimedia UK.
 
The completion of accurate weekly diary sheets is essential for home-based staff.
 
In the event of sickness, home workers must contact their line manager as soon as possible on the first day of sickness and comply with all aspects of the sickness reporting procedures.
 
===11. Recruitment and selection===
During the recruitment process, (as a minimum this must be included on the person specification) candidates will be informed if home working is a requirement for their post; similarly, candidates for posts where home working is an option will be informed of the possibility. In both cases their suitability for home working will be assessed.
 
On appointment, a new member of staff will receive thorough induction, an opportunity to become familiar with Wikimedia UK, the structure and operation of the organisation, systems and procedures, and to build relationships with the Chief Executive and other colleagues. A home worker’s induction will be designed with particular care to ensure that these aims are met.
 
===12. Training and development===
When a regular training needs analysis of home working staff takes place, the following skills will be assessed and of necessity prioritised within Wikimedia UK’s workforce development plan:
* a democratic management style
* good coaching, mentoring and delegation skills
* ability to agree clear standards and commitments
* good performance management skills – monitoring feedback, etc.
* excellent motivation skills
* excellent communication skills, including listening and influencing
* good counselling skills
* good team-building and maintenance skills
* project management skills
 
Where the individual or Chief Executive identifies the need for training for the home worker associated with home working, this will be arranged.
 
=== 13. Moving house===
 
Potential house moves by home workers should be discussed with the Chief Executive at an early opportunity.
 
Where a home worker undertakes a house move, they will be asked to demonstrate that the proposed workspace at the new premises is of an adequate size as detailed in section 5 above relating to minimum workspace requirements.
 
Where the home worker’s responsibilities relate to a specific geographical area, and the proposed move will take them out of that geographical area, then they must also satisfy the Chief Executive that the additional travelling involved will not lead to a risk to their health or safety at work.
 
===14. Withdrawal from home working===
 
If a home worker finds that it is no longer possible or convenient for them to work from home, Wikimedia UK will seek to accommodate them within an office, subject to the availability of funding and of suitable office accommodation. However, Wikimedia UK cannot guarantee that a move to office accommodation will be possible. It is strongly recommended that home workers who anticipate that working from home will cease to be possible should discuss this with the Chief Executive at the earliest opportunity.
 
===15. Working hours===
 
Home workers are advised to take steps to distinguish clearly between working and personal time in order to avoid a ‘blurring’ of boundaries between the two. This is particularly important where the home worker is part-time or is required to work irregular (not standard office) hours. Such steps might include:
 
* Specifying in advance the days and times of availability each week and notifying relevant colleagues.
* Setting up email and voicemail messages advising when the home worker will next be available to deal with calls and queries, thus setting realistic expectations.
* Avoiding answering business calls or logging in to business email during personal time.
Recording time worked and discussing this regularly with the line manager
 
===16. Monitoring and evaluation===
 
The Chief Executive and staff share responsibility for monitoring the success of the home working arrangements. Any problems arising should be addressed between the home worker and the Chief Executive at the earliest opportunity.
 
 
;HOME WORKING AGREEMENT
The original of this agreement should be sent to the Administration and Development manager to be held on the home workers personnel file. Copies should be distributed as follows:
 
* Personnel file
* Staff member
 
Wikimedia UK’s equipment to be used for home working, with serial numbers
Own equipment to be used on Wikimedia UK’s business at home base
 
 
 
 
In addition I have agreed to the following with my manager
 
 
 
 
Date at which the home working agreement will commence
 
Date of first review
 
Signed & dated by member of staff
 
Signed & dated by Chief executive
 
==Maternity Leave and Pay==
 
;1. Eligibility
All pregnant employees are entitled to take 52 weeks' statutory maternity leave around the birth of their child regardless of the number of hours worked per week.
 
;2. Antenatal care
Any pregnant employee has the right to paid time off to attend antenatal care. Wikimedia UK may ask that you provide evidence of appointments.
 
;3. Maternity Leave Entitlement
* 3.1 All employees are entitled to 26 weeks’ ordinary maternity leave followed by 26 weeks’ additional maternity leave, giving a total of 52 weeks’ continuous leave, ‘the maternity leave period’.
* 3.2 Maternity leave shall commence no earlier than 11 weeks before the EWC, or from the day following childbirth if that is earlier.
* 3.3 Wikimedia UK will write to the employee confirming the last day of their maternity leave and the expected date of their return.
 
;4. Compulsory maternity leave
An employee must take a minimum of two (2) weeks' leave after the birth of her child.
 
;5. Keeping in Touch (KIT) Days
* 5.1 During the maternity leave period Wikimedia UK will maintain reasonable contact with you and it is hoped that you will keep contact with us.
* 5.2 Up to ten KIT days can be worked, by mutual agreement, during the maternity leave period without affecting your Statutory Maternity Pay (SMP) or maternity leave. These will be agreed, as far as possible, before the commencement of your maternity leave and will be paid at your normal rate of pay.
* 5.3 You will not be paid SMP for any work done in any week if you have already worked 10 KIT days during your SMP period,
 
;6. Maternity Pay
A pregnant employee qualifies for statutory maternity pay (SMP) provided she:
* has at least 26 weeks' continuous service with Wikimedia UK at the 15th week before the expected week of childbirth (the "qualifying week")
* continues to be employed by Wikimedia UK until 11 weeks before the expected week of childbirth
* she produces a MATB1 form from her registered doctor or midwife to confirm that she is pregnant and
* her average weekly earnings are at or above the lower earnings limit for National Insurance Contributions
 
;7. Occupational Maternity pay rates:
* a. Six weeks on full pay inclusive of any Statutory Maternity Pay (SMP).
* b. Six weeks on half pay inclusive of any Statutory Maternity Pay (SMP) provided that SMP is less than the employee’s normal rate of half pay.
* c. A further 27 weeks’ SMP.
Note:  SMP is paid for 39 weeks.
 
;8. Maternity Allowance
Employees who have less than 26 weeks’ continuous service with Wikimedia UK at the beginning of the 11th week before the EWC or who earn less than the lower earnings limit for National Insurance Contributions may be entitled to Maternity Allowance.
 
;9. Right to Return To Work
* 9.1 An employee has the right to return to her job in which she was employed under her original contract of employment and on terms and conditions not less favourable than those which would have been applicable to her if she had not been absent.
* 9.2 A request to return on a part time basis will be viewed sympathetically subject to the requirements of the post and of Wikimedia UK.
* 9.3 An employee shall normally return from her maternity leave on the date advised to her before her leave commenced.
* 9.4 Should the employee wish to return earlier than previously agreed, she shall notify the Chief Executive at least 21 days before the day on which she proposes to return if this is before the end of the maternity leave period.
* 9.5 Where the notice given is less than 21 days, Wikimedia UK may postpone the return to ensure 21 days’ notice, but not beyond the end of the maternity leave period.
 
;10. Terms and conditions during maternity leave
Except for the terms relating to wages or salary, the terms and conditions (contract) of employment which would have applied to you had you been at work continue throughout both ordinary maternity leave (OML) and additional maternity leave (AML) unless either Wikimedia UK or you expressly ends the contract or it expires.
 
;Note:
Childbirth means the live birth of a child, or a still birth after a pregnancy lasting at least 24 weeks.
 
===Adoption Leave & Statutory Adoption Pay===
 
;11. Eligibility
You are entitled to paid adoption leave if you have
* 11.1 been matched with a child by a UK adoption agency
* 11.2 notified the agency that you agree that the child should be placed with you and have agreed the date of placement
* 11.3 been continuously employed by Wikimedia UK for at least 26 weeks into the week in which you were notified of having been matched with the child (the "matching week")
* 11.4 notifed Wikimedia UK that you wish to take statutory adoption leave (SAL) no more than 7 days after you were notified that you have been matched with a child.
 
;12. Adoption leave
* 12.1 If you are eligible for adoption leave (AL) you can take up to one year’s (52 weeks) AL. This is made up of 26 weeks’ ordinary adoption leave (OAL) and 26 weeks’ additional adoption leave (AAL). Additional adoption leave must follow immediately after ordinary adoption leave with no intervening gap.
 
;13. Statutory Adoption Pay (SAP)
* 13.1 You must give at least 28 days’ notice of when you would like SAP to start or as soon as is reasonably practicable.
* 13.2 Subject to qualifying conditions, you will be paid 90% of your normal pay or SAP, whichever is the lower, for up to 39 weeks.
 
;14. Keeping in Touch (KIT) days
* 14.1 During the adoption leave period Wikimedia UK will maintain reasonable contact with you and it is hoped that you will keep contact with Wikimedia UK.
* 14.2 Up to ten KIT days can be worked, by mutual agreement, during the adoption leave period without affecting your SAP or adoption leave. These will be agreed, as far as possible, before the commencement of AL and will be paid at your normal rate of pay.
 
;15. Return to work
* 15.1 If you return during or at the end of the ordinary adoption leave period, you are entitled to return to the same job, on the terms and conditions as if you have not been absent on adoption leave.
* 15.2 If you return to work during or after additional adoption leave you are entitled to return to the same job unless it is not reasonably practicable. In this situation you will be offered a similar job that is suitable on terms and conditions that are no less favourable than your original job.
* 15.3 Should you wish to return to work before the previously agreed end of your adoption leave, you are required to give Wikimedia UK at least eight weeks’ notice of the date that you intend to return to work. It is at Wikimedia UK’s discretion to accept a reduced period.
* 15.4 Terms and conditions during adoption leave
 
Except for the terms relating to wages or salary, the terms and conditions (contract) of employment which would have applied to you had you been at work continue throughout both ordinary adoption leave (OAL) and additional adoption leave (AAL) unless either Wikimedia UK or you expressly ends the contract or it expires.
Notes:
 
Joint and individual adoptions
 
Where a couple are adopting jointly, you can choose who will take statutory adoption leave and pay and who (regardless of gender) will take statutory paternity leave and pay (SPL&P).
 
If you are adopting as an individual, only you are eligible for SAP - although your partner (regardless of gender) may be eligible for SPL&P
 
Overseas Adoptions  Please seek advice from the Chief Executive..
 
 
===Paternity Leave and Pay===
 
1. For a birth
To qualify for paternity leave and pay for a birth, you must be
** the biological father of the child or the mother’s husband or partner and
** must have or expect to have responsibility for the child’s upbringing, and
** have at least 26 weeks’ continuous service with Wikimedia UK leading into the 15th week before your baby is due and
** continue to be employed by Wikimedia UK until the birth of your child and
** have notified Wikimedia UK at least 28 days before you wish your Statutory Paternity Pay (SPP) to start.
* a. If you satisfy the above criteria, you are entitled up to two (2) consecutive weeks of paternity leave. Subject to agreement with your manager, Wikimedia UK may permit the taking of this leave in other ways e.g. as single days or separate weeks.
* b. Subject to qualifying pay criteria you will be paid 90% of your average weekly earnings or statutory paternity pay (SPP), whichever is lower.
* c. Paternity leave must normally be taken within 56 days of the birth of the child.
 
2. For a UK adoption
To qualify for paternity leave and pay for a UK adoption, you must
* be the partner of an individual who adopts a child or
* be the member of a couple adopting who is not taking adoption leave, and
* have at least 26 weeks’ continuous service with Wikimedia UK leading into the week in which the adopter is notified of being matched with a child and
* continue to be employed by Wikimedia UK up to the date of placement of the child for adoption.
* be taking time off to support the adopter and/or to care for the child. You cannot take paternity leave for any other purpose and
* have notified Wikimedia UK no more than 7 days after the adopter has notified you that you have been matched with a child.
 
;3. For an overseas adoption
Please seek advice from the Chief Executive.
 
==Volunteer and Intern Agreement==
 
When a volunteer is working at the WMUK office, they should understand what they can expect from WMUK, and what WMUK will expect from them, during their time in the office. As such, they should sign the agreement set out below. Note that this agreement does not apply to volunteers working outside of the office.
 
This Agreement describes the arrangement between Wikimedia UK and you. We wish to assure you of our appreciation of your working with us and will do the best we can to make your experience with us enjoyable and rewarding.
 
===Part 1: the organisation===
Your role as a volunteer/intern is ______________________________________ and
 
starts on __________(date). This role is designed to assist Wikimedia UK
 
by ____________________________________________________________
 
You can expect Wikimedia UK:
 
;1. Induction and training
* To provide a thorough induction on the work of Wikimedia UK, its staff, your role and the induction and/or training you need to meet the responsibilities of this role.
 
;2. Supervision, support and flexibility
* To explain the standards we expect for our services and to encourage and support you to achieve and maintain them;
* To provide a named person who will meet with you regularly to discuss your volunteering and any successes and problems;
* To do our best to help you develop your role with us.
 
;3. Expenses
* To reimburse these expenses following the Volunteer claim form procedures:
** Travel to and from home by public transport during your work within zone 6 .
** Meal expenses to a maximum of £5.
** Please keep all your receipts to give to us when we reimburse your expenses.
;4. Health and safety
* To provide adequate training and feedback in support of our health and safety policy.
 
;5. Insurance
* To provide adequate Employee cover for volunteers whilst carrying out their volunteering roles which have been approved and authorised by us
 
;6. Equal opportunities
* To ensure that all volunteers are dealt with in accordance with our equal opportunities policy, a copy of which is available on request.
 
;7. Problems
* To try to resolve fairly any problems, complaints and difficulties you may have while you work with us;
* In the event of an unresolved problem, to offer an opportunity to bring a friend with you and to discuss the issues with the Chief Executive.
 
===Part 2: the volunteer===
We expect you:
* To help Wikimedia UK fulfil its role/function/services which you will be helping with;
* To perform your volunteering role to the best of your ability;
* To follow the organisation’s procedures and standards, including health and safety and equal opportunities, in relation to its staff, volunteers and clients;
* To maintain as absolutely confidential the information of the organisation and of its clients;
* To meet the time commitments and standards which have been mutually agreed to and to give reasonable notice so other arrangements can be made when this is not possible;
* To provide referees as agreed if requested who may be contacted, and to agree to a Criminal Records Bureau check being carried out where necessary.
 
This agreement is binding in honour only, is not intended to be a legally binding contract between us and may be cancelled at any time at the discretion of either party.
 
Neither of us intend any employment relationship to be created either now or at any time in the future.
 
==Sickness Management Policy==
 
;Introduction
 
WMUK believes it is important to identify and address ill health issues in a way that balances the support of staff with the efficient running of the organisation. It recognises the joint responsibility of management and staff in achieving this aim and in implementing this policy.
 
;General principles
 
The principles underlying this policy are:
* The staff are a valuable resource and WMUK aims to provide a healthy working environment for all its staff.
* All staff are to be treated fairly and consistently, with a confidential and sensitive approach.
* The management is responsible for managing the absence of the staff for whom they are responsible and for providing support and guidance to individual members of staff.
* This policy is considered in conjunction with other WMUK policies and relevant employment legislation such as the Equality Act 2010.
 
;Confidentiality
 
It is implicit in the management of any sickness absence situation that staff are assured of strict confidentiality and that any information is shared on a ‘need to know’ basis and only after consultation with the staff member involved. If individuals feel that they would like to discuss personal issues with someone other than their line manager they may contact the Chair of Trustees).
 
;Responsibilities
Managers and individual employees all have a part to play in the positive management of sickness absence management.
 
The manager is responsible for managing the attendance of staff. This is achieved by:
* Ensuring staff are made aware of the procedures regarding sickness absence
* Accepting primary responsibility for the promotion of good attendance through the mechanisms of staff meetings and individual supervision, by including attendance as a regular supervision agenda item, if required;
* Keeping in regular touch with any staff who are absent through sickness to let them know they are missed, ensure they receive support and to ease their return to work;
* Being aware that the way they manage can affect the amount of sickness their staff incur;
* Reviewing each employee’s sickness absence in accordance with the procedure set out in these guidance notes;
* Establishing a clear action plan for a member of staff where it is decided that action is justified;
 
Individual members of staff have a responsibility to comply with the sickness absence recording procedures by.
* Providing medical certificates at the appropriate times
* Ensuring medical advice and treatment, where appropriate, is received as quickly as possible via their Medical Practitioner in order to facilitate an early return to work.
*  Ensuring that they do not undertake any activity including other paid or voluntary work that might delay their return to good health and work. Such action, without their line managers permission could lead to a breach of the employment contract and disciplinary action.
 
;Induction
New staff must be made aware, during their induction of the Sickness Management Policy and the responsibilities of individuals and managers in minimising sickness absence. In particular they must be made aware of the relevant notification arrangements for reporting sickness absence.
 
;Probation period
Managers should discuss all incidents of sickness absence with an employee during their probationary period. It may be necessary to an external Occupational Health Advisor for advice. An unsatisfactory sickness record during a probation period may be a reason for a member of staff not being confirmed in post. The formal part of the sickness absence procedure does not need to be followed during the probationary period.
 
===Procedures:===
;1. Reporting and recording sickness absence
* Members of staff should inform the CE or in his case the Chair of their absence by phone within two hours of their usual start time on the first day of sickness.
* If the CE or in the CE’s case, the Chair is unavailable a message should be left with another member of staff or trustee. If a message is left then the manager may wish to contact the member of staff.
* On speaking to the member of staff about her/his sickness absence, the CE or Chair in case of CE, (not repeated further in this document) will confirm the nature of the illness and its expected duration. The CE or Chair will also ask about any work commitments that need to be rearranged, any welfare needs, and whether the absence is related to an industrial injury. The record of this conversation will be treated as confidential.
* Where it has not been possible for the CE or Chair to speak directly to the employee on the morning of the first day of the sickness absence, the CE or Chair will make contact with the employee within 2 days of the reported absence.
* If returning before seven days absence the employee will be required to complete and sign a self certification form.
* If the absence continues beyond seven calendar days a medical certificate is required. Without the medical certificate, the manager cannot authorise the payment of sick pay.
* Medical and Self Certificates and any other required recording information must be passed to the CE or Chair as promptly as possible, to ensure that individual sickness records are kept up to date.
* When an individual falls sick during their normal working day, this will be recorded as a day or half-day sickness as appropriate.
* Records of sickness absence for all members of staff are maintained centrally.
 
;2. Keeping in touch with absent staff
* Throughout any period of absence, it is very important that the employee keeps the manager appraised of the likely length of absence.
* The employee should contact the CE or Chair before their medical certificate expires to indicate whether they will be returning to work or will be absent for a further period. If this does not happen at the appropriate time, the manager will contact the employee.
* It is important that staff & managers keep in regular contact during a period of sick leave. Regular contact ensures that the CE or Chair are kept up to date with the recovery of their staff member and can plan for their return to work. It also ensures that staff are kept in touch with their workplace and given support thereby easing their return to work.
* The regularity and form of contact during this period needs to be agreed by the manager and staff member taking into account the circumstances of the illness and the needs of the organisation.
* Managers should be particularly sensitive to maintaining contact with staff absent due to stress related conditions. It should not, in itself, preclude contact with staff who are absent and managers should maintain regular communication whilst taking on board any stated needs of the individual.
* The manager must keep a record of all contacts with absent staff. This should contain details of the date and time of contact, nature (e.g. phone, home visit, letter) and the main points of the dialogue.
 
;3. Return to work contact
* When a member of staff returns from any period of sick leave the CE or Chair should have an appropriate discussion with the individual to confirm the cause of the sickness absence, confirm whether he/she is fit to return to work, offer support & encouragement see if there are any issues that the employee would like to raise.
* If the absence is a direct result of a work related injury advice should be sought from the CE or Chair
* This discussion must occur promptly, on the day of return, or, in the case of the CE’s leave, as soon as possible on the manager’s return.
* This is a two way dialogue during which the member of staff should feel able to discuss any issues or concerns relating to the workplace which may have contributed to the sickness. It also provides the CE or Chair with the opportunity to update the member of staff on developments during his/her absence.
 
====Informal Procedure for Short Term Sickness Absence ====
 
A series of short-term sickness absences can cause as much disruption for an office as a longer period of sick leave. Whilst it is recognised that there will be different situations, it is important to establish consistency throughout WMUK in dealing with sickness absence. The approach is a supportive and investigatory one, with the aim of offering help and advice to the member of staff The early and successful management of this issue is essential to good working relations
 
The CE or Chair may initiate a Sickness Absence Monitoring Review with a member of staff where the following trigger points have been met:
* 6 or more periods of absence in a period of 6 months (any length of sickness absence)
* More than 10 days absence (pro rata for part time staff) in any 12 month period (this is a ‘rolling year’)
* A pattern of sickness absence has emerged which causes concern.
 
A review by the CE or Chair should include the following considerations:
* The member of staff’s reasons for sickness absence, e.g. whether there are any underlying medical problems
* Whether patterns of sickness absence have been established, e.g. Fridays/Mondays
* The reasons for absence, which could include work related problems, personal, welfare and/or medical circumstances
* Whether the sickness absence is disability related.
* Whether it is appropriate to advise the member of staff that a failure to improve attendance may result in formal proceedings.
 
When reviewing sickness absences it should be noted that absence due to accidents or violence at work would not normally lead to a Sickness Absence Monitoring Review. However, in these cases the CE or Chair would still want to demonstrate support and concern for the member of staff concerned through the return to work contact and to ensure any appropriate follow up action is taken.
 
If it appears that there is a welfare problem, any help that WMUK could reasonably and practically provide to assist the member of staff will be considered. The CE or Chair will alert the staff member to appropriate support organisations.
 
Where a medical problem is identified further action should be agreed. This could include referral to an Occupational Health Advisor.
 
A Sickness Absence Monitoring Review will normally be sufficient to prevent an ongoing problem from developing, but members of staff should appreciate that consecutive absence monitoring reviews will require more detailed review of the issues.
 
If a member of staff’s absence triggers a Sickness Absence Monitoring Review on a second occasion in the same or the following six-month period the CE or Chair will, as part of the process, carry out a further review. In most cases the reason for the sickness absence will be understandable and acceptable and as a result of the discussion the manager will be reassured that attendance will improve.
 
The member of staff should, however, be made aware that if the level of sickness absence continues to give cause for concern, consideration will be given to moving to a formal part of this procedure.
 
Dependent upon the circumstances, the following action may be taken:
* Where the sickness absences appear to be related to a single condition, the CE or Chair should, in consultation with the individual, consider whether this potentially constitutes a long-term health problem. If so referral should be made to an Occupational Health advisor.
* If the reasons for the sickness absences appear to be unrelated and the level and/or frequency or pattern of the sickness absence is causing continuing concern, consideration should be given to moving to the formal part of this procedure. This will normally take place after two reviews have been completed and no improvement in attendance levels has been made.
 
Written records must be kept of all conversations between the member of staff and the manager and notes of decisions made relating to informal and formal action.
 
====Informal Procedure for Long Term Sickness Absence====
In deciding whether absence is "long term" consideration needs to be made of the prognosis rather than the actual absence to date. However, as a guide, 4 weeks or more of continuous absence will be regarded as long term.
 
Long term sickness absence generally falls into the following two categories:
* The first is where it is reasonably certain that an individual will return to work within a specified time frame (e.g. broken bone or minor operation). This situation is usually fairly straightforward to manage and the principles of good communication between the manager and member of staff are vital.
* The second category is where the cause of the illness is less well defined and/or there is no prognosis of a likely return to work date. In these cases it is important that the manager or a designated person keeps in regular, and agreed, contact so that the individual does not feel isolated or lacking support. This also ensures that the manager maintains an accurate picture of the circumstances.
 
If a member of staff has been absent due to sickness for a period of 4 weeks arrangements will normally be made for the member of staff to be referred to an Occupational Health Advisor if the absence is likely to extend to 8 weeks or more, although in particular circumstances, such as stress related conditions, or where an employee has had a poor health record prior to the current absence, the referral may be made for a shorter period of absence.
 
The employee will need to complete a GP consent form, which will be forwarded with the referral request to the Occupational Health Advisor. The request will:
* Seek medical advice on the prognosis of the illness.
* See whether there is any reasonable action the service can take to assist a return to work. For example:
** a phased return to work
** temporary adjustment to working arrangements
** if assessed as unable to undertake duties – if available, what alternative work might the employee be fit to undertake.
 
Further Occupational Health reviews may be required. The desired outcome will be to manage the individual back to work but at all times it is necessary to balance the needs of service delivery with the needs of the member of staff.
 
;Long term sickness absence reviews:
 
A review must be held for any individual who has been absent for, or where it is anticipated they will be absent for, 40 days’ continuous sickness. Following the initial review, the case must be reviewed on a formal basis every two to three months thereafter
 
Reviews should also be held for staff on rehabilitative and/or restricted duties.
 
The review meetings should provide an opportunity to review the absence of the individual, their progress towards recovery and the support provided to the individual by WMUK.
 
These meetings should be attended by the CE or Chair and, if appropriate, an HR Advisor. The individual should be invited and encouraged to attend the review meeting although attendance by the individual is not compulsory.
 
Individuals must receive written notification at least seven days in advance of the intended meeting. The letter should explain the purpose of the meeting, who will be attending, and the individual concerned may be accompanied by a colleague or trade union representative who may represent the individual at the review meeting even if the person concerned cannot or does not wish to attend.
 
The review meeting should consider what additional action might be taken to facilitate the individual’s return to work. Such action might include:
* Short term alternative working arrangements
* Phased return to work
* Reasonable adjustment
* Redeployment
* Ill health retirement
 
A plan detailing what actions need to be progressed, by whom and within what timescale, should be agreed. A copy of the agreed action plan from the review meeting or any subsequent reviews should be given to the individual concerned and a copy placed on the personal file. If it appears unlikely that the individual will be able to provide effective service in the future, options for their departure from WMUK will be considered including moving to the formal procedure.
 
Management of long term sickness absence will normally move from informal to the formal procedure following two review meetings
;Formal procedure for handling persistent short term sickness absence and/or long term sickness absence.
 
WMUK does not question that such absences are normally for genuine reasons and will support staff through periods of illness. However, in very occasional cases where the informal process has not resulted in a satisfactory level of attendance and the adverse effects on service delivery are continuing, the manager should, following consultation with the Director, move to the formal part of the procedure (Appendix A).
 
;Occupational sickness pay
If the sickness absence continues to the point where occupational sickness pay entitlement is due to reduce, the CE or Chair will ensure that the individual is informed in advance. Details are contained in contracts of employment.
 
;Alternative working arrangements
When individuals are recovering from a long term illness or injury and are not fit for full duties, it is often beneficial for them to be rehabilitated back into the workplace as part of a planned programme of work. The working hours and/or duties may be adjusted/reduced for a temporary period (normally no more than one month) on the advice of an Occupational Health Advisor. Other team members should be informed of this arrangement.
 
;Staff with disabilities
The employment provisions of The Equality Act 2010 came into force in October 2010. The Equality Act makes it unlawful, without material and substantial justification, to discriminate against someone who has a physical or mental impairment which has a substantial and long-term adverse effect on his/her ability to carry out normal day-to-day activities.
 
Advice must be sought from the CE in all cases of disability related absence, as the employer is obliged to make reasonable adjustment to the work place if this could enable the member of staff to fulfill their job responsibilities and to reduce sickness absence.
 
;Medical and dental appointments
The CE or Chair have discretion to agree to reasonable paid time-off for medical appointments, subject to the caveat that every effort must be made to arrange appointments at appropriate times to cause least disruption to work. This should normally be at the beginning or end of the day or at the quietest time of day.
 
Time off with pay will be given for antenatal care.
 
;Sickness absence and leave
If an employee is unwell while on leave, they may retake their leave at a later date. The employee must inform their manager at the earliest reasonable opportunity to advise that they are unwell on leave. If they are unwell for less than 7 days they must fill out a self certification form, if longer they must supply a medical certificate.
 
At the end of the leave year, the normal rules governing how much untaken annual leave can be carried over into the next accounting period apply, regardless of whether an individual has been absent through sickness.
 
;Third party accident related sickness absence
A member of staff who is absent as a result of an accident where damages may be receivable from a third party, will be paid occupational sick pay as an advance. It is a requirement of receiving this advance, that the member of staff signs a form of undertaking to include a special damages claim for the full extent of the advance in any claims for damages made against a third party, and to refund to WMUK the amount of damages received in respect of such payment.
 
===Appendix A===
 
WMUK
 
HANDLING PERSISTENT SHORT TERM SICKNESS ABSENCE AND/OR LONG TERM SICKNESS ABSENCE - FORMAL PROCEDURE
 
;Introduction
 
If informal action (monitoring, reviews) has not resulted in satisfactory level of attendance, the CE or Chair should, apply the following procedure. Advice will normally be sought from an Occupational Health Advisor and an HR Advisor at an appropriate stage. Where dismissal is being considered, a medical report from an Occupational Health Advisor or the individual’s GP will have been sought.
 
Employees have the right to have any decision short of dismissal reviewed by the CE or Chair. If additional information becomes available at any time, the CE or Chair should consider its relevance to the decisions already made. An employee who disagrees with the actions proposed at the earlier stages should write to the CE or Chair setting out his/her objections. If the matter reaches a formal meeting where dismissal may be an outcome, the written objections would form part of the documentation to be considered. The CE will have the option of taking their case to the full board.
 
When dealing with these cases, attention is drawn to WMUK’s Equal Opportunities Policy.
;Short term and long term
 
The formal stages for short term absence follow a three stage process whereby the process of sickness reviews is continued but as a series of formal meetings where targets may be set and warning that a failure to improve could result in moving to the next stage and ultimately to dismissal.
 
The formal stages of setting targets for improvement in attendance or a return to work in long term cases where a medical certificate is for an extended period are less relevant. The formal meetings and stages in the process will be a continuation of the review format described in the Sickness Management policy. The employee will be made aware when the process has moved into the formal stages.
 
;Stage 1
 
Formal action should be considered when:
* At least two previous sickness absence reviews have not resulted in an improvement in attendance; or
* the matter is considered by the CE or Chair to be serious enough to be dealt with formally without first arranging an informal discussion
* In long term cases the reviews have concluded that there is no likelihood of an imminent return to work.
A formal meeting should be arranged between the CE and employee, or Chair in the CE’s case, giving at least 5 working days notice of the meeting. The CE or Chair will write to the individual clearly setting out the purpose of the meeting. The employee may choose to be accompanied by a trade union representative, or a colleague, and it is important that this representative/colleague is available within this timeframe. The CE or Chair may have an HR Advisor or the Operations Manager at the meeting to advise.
The purpose of the meeting is to:
* Review the sickness record and the extent of the problem – establish the facts and the circumstances.
* Explore the reasons for repeated absences and any pattern that has emerged – personal, welfare and/or medical circumstances.
* Identify the impact on the service and work colleagues.
* Consider and decide what, if any, further action is needed.
 
The employee and their representative will be given an opportunity to present information.
If the absence is considered unsatisfactory the employee should be informed of the:
* Need to improve, including targets for reduction of absence.
* Timescale for improvement.
* Consequences of failure to improve and when further action would be taken.
* Possible requirement of a medical certificate for any absence; if a cost is incurred this will be met by WMUK.
 
The outcome of the meeting must be recorded in writing and a copy sent to the member of staff concerned. A copy will be kept on file. The letter should include an agreed action plan and the date for monitoring and review.
 
If sickness/attendance levels are satisfactory at the end of the monitoring and review period the employee should be advised of this in writing, reminded of the need to sustain this improvement. If such improvement is not sustained action will be taken under Stage 2 of the formal procedure.
 
If sickness/attendance levels are satisfactory following a review period, but subsequently become a cause for concern within a reasonable timescale after the review, further action under the next stage of this procedure may be considered.
 
If sickness/attendance levels are identified as still being unsatisfactory, action will be taken under Stage 2 of the formal procedure, and the employee will be advised in writing.
 
;3. Stage 2
 
If there is a need for action under Stage 2 of the procedure, a further meeting should be arranged. The arrangements for this will be as set out in Stage 1. The employee must be told in writing the purpose of the meeting.
 
The purpose of, and attendance at, the meeting is as outlined in Stage 1, together with a review of progress against targets.
 
Possible outcomes and required action from the meeting will also be the same as at Stage 1, but should also include reference to the possibility of dismissal should sickness levels/attendance continue to remain unsatisfactory.
 
If sickness/attendance levels are satisfactory at the end of the Stage 2 review period, the employee should be advised of this, in writing, and reminded of the need to sustain this improvement and that if such improvement is not sustained, action may be taken under Stage 3 of the formal procedure.
 
If sickness/attendance levels are identified as still unsatisfactory at this stage, action should be taken under Stage 3 of the formal procedure, and the employee will be advised in writing.
 
If the employee disagrees with the actions proposed they should write to the CE or Chair, setting out his/her objections. If the matter reaches a formal meeting where dismissal may be an outcome, the written objections would form part of the documentation to be considered.
 
If sickness/attendance levels are satisfactory following a review period, but subsequently become a cause for concern within a reasonable timescale (e.g. 12 months) after the review, further action under the next stage of this procedure may be considered.
 
;4. Stage 3
 
If there is a need for action under Stage 3 of the procedure, a meeting should be arranged with the CE or Chair. The employee must be told in writing the purpose of the meeting. The arrangements for this will be as set out in Stage 1. The purpose of, and attendance at, the meeting is as outlined in Stages 1 and 2, together with a review of progress against targets.
 
It is expected that by Stage 3 the CE or Chair will have exhausted all the possibilities of investigation, consultation and review (including referral to the Occupational Health Advisor) as set out in these procedures with no satisfactory outcome. The possible outcomes therefore to be considered by the Director are as follows:
* No further action at this stage.
* Extend the timescale for review.
* If not previously considered, redeployment/change of work duties; or
* Referral to a formal meeting to be a sub committee of the Board with a recommendation for dismissal.
 
The outcomes of the meeting are to be recorded as in Stage 1 and the employee must be informed in writing of the decision reached. If it is decided that dismissal should be sought, a formal meeting with the employee should be convened in accordance with paragraph 5.
;5. Dismissal
 
A dismissal for persistent short term sickness and/or long term sickness will be legally fair provided that this is the genuine reason for dismissal and the employer acts reasonably in all the circumstances in treating it as such. A decision to dismiss is a managerial decision, not a medical one, although the medical information will be considered when coming to the decision.
 
In cases of long term sickness, where the employee has not been declared permanently incapacitated and redeployment is not available or attempts at redeployment prove unsuccessful, a recommendation may be made that the contract should be terminated on the grounds of incapacitated or some other substantial reason.
 
The employee must be informed in writing that a formal meeting will be arranged and that their employment may be terminated.
 
Any decision to proceed to a formal meeting where dismissal is being considered should be made, following consideration of such factors as:
* Length of absences to date and likely length of continuing absence.
* Nature of illness.
* The medical advice/prognosis.
* Impact in terms of cost/service provision/staff of the work needing to be done.
* Availability of suitable alternative work.
* Sickness absence record and length of service.
* Views of the employee; and
* Whether the employee has been advised of the potential dismissal.
 
;Formal meeting
 
The employee should be advised in writing, at least 5 days in advance, of the reasons for the meeting, the possible outcomes including a potential dismissal, and his/her right to be represented by a trade union representative or colleague. The meeting will be convened by the CE or Chair who will be accompanied by at least two Trustees from WMUK. An HR Adviser may also be in attendance to provide advice, as appropriate.
 
The possible outcomes of this meeting are:
 
* No further action – employee may return to work, subject to medical evidence from the Occupational Health Physician supporting this outcome.
* A final period of review – as an alternative to dismissal where the sub-committee of the Board believes that the employee should be allowed a final opportunity to return to work. A date for the return must be specified and, if the employee remains unfit at that date, dismissal becomes effective.
* Consideration of alternative employment – only if this had not previously been fully explored; or
* Dismissal – on grounds of capability or some other substantial reason. Dismissal would be with notice, on full pay.
 
;Appeal
An employee may appeal against a decision to dismiss taken as a result of the operation of this policy. The appeal should be made in writing to the Chair of the Board within 10 working days of the employee receiving confirmation after decision to dismiss. The Chair will convene an appeals panel of different Board members within a month of receiving the appeal.
 
==Time off in Lieu Policy==
===Policy Context===
 
One element of our success relies on the skills, energies and commitment of its employees. On occasions staff may be required to work beyond their contracted hours in order to meet the needs of the charity. This goodwill and adaptability make it possible to provide a responsive and flexible service and cope with work demands.
 
However as an employer, WMUK also has a duty to protect the health and safety of its staff by ensuring that they do not work too many hours and that they are recompensed by taking time off in lieu (TOIL) for any extra time that they do have to work.
 
TOIL is defined as: "time off which you are allowed to take, instead of overtime pay, for hours worked beyond an employee's contracted hours".
 
This policy does not form part of an employee's contract of employment and may be reviewed and revised from time to time in line with current best practice and statutory requirements and to ensure that business needs are met.
 
===Aims and Purpose===
* To set out a framework for how TOIL is managed within WMUK.
* To ensure all staff understand their responsibilities before working beyond their contracted hours and how to record and take TOIL
* To ensure that everyone is following defined TOIL procedures
 
===Responsibilities for WMUK Management and Staff===
The WMUK recognises that TOIL allows staff to respond flexibly to service needs. In order for TOIL to be managed appropriately, the WMUK’s management and staff will adhere to the following principles:
* TOIL is not a tool to be used to accrue time to enable extra days leave to be taken. Staff should generally carry out their duties within their contracted hours
* TOIL is an exceptional rather than a routine occurrence. It is to ensure that when employees have to work beyond their contracted hours, this time can be taken back
* Employees should plan work in advance and any TOIL that is to be accrued must be agreed in advance with an employee’s line manager
* TOIL should not result in changes to normal contracted hours or arrangements, such as a particular afternoon becoming a ‘TOIL afternoon’
* The scheme must be utilised in the best interests of effective service provision. This requires co-operation between staff and managers to ensure adequate cover is provided as necessary
 
===Procedures for WMUK Management and Staff===
 
;Planning work
* Staff must agree in advance with their line manager any time to be worked outside of contracted hours and this time will be for specific, rather than ad hoc, pieces of work
* Where an employee has agreed to work outside of their contracted hours, they should aim, where possible, to adapt their existing contracted pattern (for instance, by coming in earlier or later to work or working on a different day of the week) rather than accrue TOIL
 
;Accruing and recording TOIL
* Staff may accrue TOIL in multiples of thirty minutes
* Staff should not build up excessive amounts of TOIL. Staff will not accrue more than seven and a half hours in TOIL in each month, except in exceptional circumstances and with prior consent of their line manager
* Staff may accrue TOIL if working longer than contracted hours when travelling to or from an event outside of the office. The employee’s normal travelling time to and from work must be subtracted from the total travelling time.
* Employees are responsible for completing their own TOIL recording sheet on-line, and the line manager needs to be notified when changes are made.. The recording sheet will be monitored by the employee’s line manager
 
;Taking TOIL
* TOIL must be taken within two months of accrual unless agreed in advance with the line manager. TOIL accrued and not redeemed in this way will be lost.
* Staff must obtain their line manager’s approval before taking any TOIL, by emailing their line manager for authorisation. The recording sheet will be monitored by the employee’s line manager
* On termination of employment, all TOIL must be at a zero balance. Employees will not be paid in lieu of accrued TOIL which has not been taken by the final date of employment. Any such accrued TOIL will be lost
 
;Policy Implementation
* The Manager is responsible for ensuring the implementation of this policy and that regular reviews take place
* All staff and volunteers have a responsibility to adhere to this policy and will be made aware of this policy as part of their induction, supervision and training
 
;Policy Release and Arrangements for Review
* This policy was approved by the Board of WMUK on………
* This policy will be reviewed in two years, but may be reviewed earlier if deemed appropriate by the CE or Board
* This policy will be due for review on …………
 
==Whistle blowing Policy==
 
This policy applies to all staff, trustees and volunteers of Wikimedia UK.
 
===Introduction===
Employees may be the first to realise that there is something seriously wrong within Wikimedia UK. However, they may not express their concerns because they feel that speaking up would be disloyal to their colleagues or to the organisation. They may also fear harassment or victimisation. In these circumstances it may be easier to ignore the concern rather than report what may just be a suspicion of malpractice.
 
Wikimedia UK is committed to the highest possible standards of openness, probity and accountability. In line with that commitment we expect employees, volunteers and others that we deal with, who have serious concerns about any aspect of the charity’s work to come forward and voice those concerns. It is recognised that most cases will have to proceed on a confidential basis.
 
The policy document makes it clear that you can do so without fear of victimisation, subsequent discrimination or disadvantage. This whistle-blowing policy is intended to encourage and enable employees to raise serious concerns within the charity rather than overlooking a problem or airing their complaints outside the charity.
 
This policy is in addition to Wikimedia UK’s complaints policy. Staff are responsible for making volunteers and service users aware of the existence of this policy.
 
===Aims and Scope===
This policy is designed to enable employees of Wikimedia UK to raise concerns internally and at a high level and to disclose information which the individual believes shows malpractice or impropriety. This policy is intended to cover concerns which are in the public interest and may at least initially be investigated separately, but then might lead to the invocation of other procedures e.g. disciplinary. These concerns include:
a) Financial malpractice, impropriety or fraud.
b) Failure to comply with a legal obligation or statutes.
c) Dangers to Health & Safety or the environment.
d) Conduct which is a breach of the law.
e) Improper behaviour or unethical behaviour.
f) Attempts to conceal any of these.
 
There are existing procedures in place to enable you to lodge a grievance relating to employment matters.
 
This policy aims to:
* encourage you to feel confident in raising serious concerns and to question and act upon concerns about practice
* provide avenues for you to raise those concerns and receive feedback on any action taken
* ensure that you receive a response to your concerns and that you are aware of how to pursue them if you are not satisfied
* reassure you that you will be protected from possible reprisals or victimisation if you have a reasonable belief that you have made any disclosure in good faith.
 
===Safeguards===
This policy is designed to offer protection to those employees and volunteers of Wikimedia UK who disclose such concerns provided the disclosure is made:
* in good faith
* in the reasonable belief of the individual making the disclosure that it tends to show malpractice or impropriety and if they make the disclosure to an appropriate person (see below). It is important to note that no protection from internal disciplinary procedures is offered to those who choose not to use the procedure.
 
Wikimedia UK is committed to good practice and high standards and wants to be supportive of employees.
 
Wikimedia UK recognises that the decision to report a concern can be a difficult one to make. If what is reported is true, staff should have nothing to fear because they will be doing a duty to their employer and those for whom you are providing a service.
 
Wikimedia UK will not tolerate any harassment or victimisation (including informal pressures) and will take appropriate action to protect staff when they raise a concern in good faith.
 
Any investigation into allegations of potential malpractice will not influence or be influenced by any disciplinary or redundancy procedures that already affect staff.
 
===Confidentiality===
Wikimedia UK will treat all such disclosures in a confidential and sensitive manner. The identity of the individual making the allegation may be kept confidential so long as it does not hinder or frustrate any investigation. However, the investigation process may reveal the source of the information and the individual making the disclosure may need to provide a statement as part of the evidence required.
 
===Anonymous Allegations===
This policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be considered at the discretion of Wikimedia UK.
 
In exercising this discretion, the factors to be taken into account will include:
* The seriousness of the issues raised
* The credibility of the concern
* The likelihood of confirming the allegation from attributable sources
 
===Untrue Allegations===
If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against that individual. In making a disclosure the individual should exercise due care to ensure the accuracy of the information. If, however, an individual makes a frivolous, malicious or vexatious allegation, and particularly if he or she persists with making them, disciplinary action may be taken against that individual.
 
;How to raise a concern / timescales
Concerns should be reported to the Chief Executive. If the allegation is about the Chief Executive it should be passed to the Chair of Trustees.
 
Concerns may be raised verbally or in writing. Staff who wish to make a written report should mention the following
* the background and history of the concern (giving relevant dates);
* the reason for the concern
 
Staff should report the concern at the earliest opportunity so that action can be taken.
 
Although staff are not expected to prove beyond doubt the truth of an allegation, they will need to demonstrate to the person contacted that there are reasonable grounds for concern.
 
The complainant has the right to take their complaint direct to the Chief Executive or Chair of Trustees. The Chair has the right to refer the complaint back to the Chief Executive if s/he feels that s/he without any conflict of interest can more appropriately investigate the complaint.
 
===Actions that the Chief executive will take / Investigating procedure===
The investigating officer (Chief Executive) should follow these steps:
* Full details and clarifications of the complaint should be obtained.
* In order to protect individuals and those accused of misdeeds or possible malpractice, initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take.
* Within 10 days, acknowledge to the complainant that the complaint has been received; indicate how it is proposed to deal with the matter and inform them whether further investigations will take place and if not, why not.
* Inform the member of staff against whom the complaint is made as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a trade union or other representative at any future interview or hearing held under the provision of these procedures.
* If there is evidence of criminal activity then the investigating officer should inform the police. Wikimedia UK will ensure that any internal investigation does not hinder a formal police investigation.
* Consider the involvement of the auditors and the Police at this stage and should consult with the Chair of the Board of Trustees
* The allegations should be fully investigated by the investigating officer with the assistance where appropriate, of other individuals / bodies.
* A judgement concerning the complaint and validity of the complaint will be made by the investigating officer. This judgement will be detailed in a written report containing the findings of the investigations and reasons for the judgement. The report will be passed to the Chair of the Board of Trustees.
* The Chief Executive or Chair of the Board of Trustees will decide what action to take. If the complaint is shown to be justified, then they will invoke the disciplinary or other appropriate Wikimedia UK procedures.
* The complainant should be kept informed of the progress of the investigations and, if appropriate, of the final outcome.
* If appropriate, a copy of the outcomes will be passed to the Wikimedia UK auditors to enable a review of the procedures.
* If the complainant is not satisfied that their concern is being properly dealt with by the investigating officer, they have the right to raise it in confidence with the Chief Executive or Chair of the Board of Trustees.
* If the investigation finds the allegations unsubstantiated and all internal procedures have been exhausted, but the complainant is not satisfied with the outcome of the investigation, Wikimedia UK recognises the lawful rights of employees and ex-employees to make disclosures to prescribed persons (such as the Health and Safety Executive, the Charity Commission), or, where justified, elsewhere.
 
===Timescales===
Owing to the varied nature of these sorts of complaints, which may involve internal investigators and / or the police, it is not possible to lay down precise timescales for such investigations. The investigating officer should ensure that the investigations are undertaken as quickly as possible without affecting the quality and depth of those investigations.
 
The investigating officer, should as soon as practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to them in writing the outcome of the investigation and on the action that is proposed. If the investigation is a prolonged one, the investigating officer should keep the complainant informed, in writing, as to the progress of the investigation and as to when it is likely to be concluded.
 
All responses to the complainant should be in writing and sent to their home address.
 
===Responsible officer===
The Chief Executive has overall responsibility for the maintenance and operation of this policy. He or she will maintain a record of concerns raised and the outcome (but in a form which does not endanger confidentiality) and will report as necessary to the Board of Wikimedia UK.
 
==Staff Training and Development==
 
===1. Supervision===
1.1 Supervision enables line managers and the staff for whom they are responsible to evaluate the staff member’s work and agree, where appropriate, new targets for completion of tasks, ways of achieving them, and the staff member’s development and training in relation to current and future work plans.
 
1.2 The purpose of supervision is to provide staff who have case work responsibility with the support and structure they need to manage their work load, and provide guidance and support in the next steps of their clients cases. For this purpose staff supervision may be divided between case supervision and staff supervision.
 
1.3 Line managers should arrange to meet on a formal basis with their staff every four to six weeks. A list of those areas which can be covered during those meetings is outlined below. However, it is not expected that each area will be discussed at every formal supervision meeting.
 
===2. Guidelines for supervision meetings===
* to monitor and evaluate work and performance
* to provide a private, special time to focus on specific areas of the staff member’s work
* to clarify priorities and to plan and negotiate new tasks and timescales
* to provide support, guidance and, where applicable, resources
* to share information and provide two-way up-dates about work
* to provide an opportunity to discuss how the staff member and manager feel about the work, providing constructive feedback about performance
* to receive feedback about the quality of supervision provided by the manager
* to highlight information, support, development and training needs
* to identify and deal with existing or potential problems
* to provide an early opportunity to resolve conflict
* to discuss external factors and non-work issues (where applicable) which are impacting on the staff member’s performance, attendance and/or quality of work
* to deal with issues which might otherwise become potential grievance or disciplinary matters
* to ensure that the staff member’s work priorities are consistent with Wikimedia UK’s objectives
* to discuss and agree changes to job roles and responsibilities.
 
2.1 It is suggested that managers and staff agree a standardised agenda to work through during supervision sessions and where appropriate to link supervision to ‘To Do Lists’ . It would also be useful to refer to the Annual Appraisal Form at occasional supervisions to see if objectives are being achieved.
 
===3. Training and Development===
3.1 Wikimedia UK wishes to support the development of its staff through learning  opportunities which are relevant to their work and career aspirations.
 
A sum is set aside annually and the training provided and funded by Wikimedia UK is prioritised in terms of:
* its requirement as part of the post holder’s current work or work to be undertaken in the near future
* its requirement as part of a general training need within the organisation.
* its relevance to the organisation’s Equal Opportunities Policy Statement
* its relevance to the post holder’s career development/progression
 
3.2 Staff training may take many forms:
* On the job training
* Attendance on external short courses
* Internal courses
* Long term study
 
===4. Long term study===
4.1 A certain amount of study leave may be available, or flexible hours offered, depending on the relevance of the course to the work. It must be discussed and agreed with a line manger.
 
===5. Requests for Training===
5.1 Any requests for training should be discussed with the Chief Executive in order that the nature and cost of the course can be assessed against the priorities for staff training and the training budget.
 
5.2 In the event of the staff member leaving Wikimedia UK within twelve months of the training taking place the staff member may be subject to repayment of course fees.
 
===6. Annual appraisals===
There will be an annual appraisal for each member of staff undertaken by the Chief Executive with a trustee responsible for signing it off.

Latest revision as of 21:46, 30 September 2012

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