Employee Handbook for Oxygen ActivePlay
Employee Handbook for Oxygen ActivePlay
HANDBOOK
CONTENTS
INTRODUCTION
INDUCTION
RECRUITMENT
Secondments
Applicants
References
Right to Work in the UK
Criminal Record Declaration and Checks
Recruiting Relatives and Existing Team Members
Selection Methods
Probation Periods
MANAGING ABSENCE
Sickness Absence
Reporting and Classifying Sickness
Certification and Return to Work
Sick Pay
Recording Sickness Absence
Formal Sickness Absence Process
Sickness during Annual Leave
AWOL - Absent Without Leave/Unauthorized Absence
Medical and Dental Appointments
Compassionate Leave
Jury Service
FAMILY FRIENDLY LEAVE
Maternity Leave and Pay
Adoption Leave and Pay
Paternity Leave and Pay
Unpaid Parental Leave
Shared Parental Leave and Pay
Parental Bereavement Leave and Pay
Emergency Time Off for Dependants
Carers Leave
FLEXIBLE WORKING
PROBATION PROCEDURE
Passing Probation
Extending Probation
Failing Probation
Notice Period for Probation Dismissal
REDUNDANCY POLICY
Consultation
Selection Criteria
Alternative Work
Time off Work
Termination of Employment
Redundancy Pay
Redundancy Appeal
The aim of this handbook is to give you access to all the information you are likely to need in relation
to your employment with us. It outlines what you can expect from us as your employer. In return we
ask you for your commitment to help us achieve our objectives.
Some parts of this handbook form part of your terms and conditions of employment. Where this is the
case, it will be clearly marked as such. Any other parts of the handbook are not contractual and
Oxygen ActivePlay reserves the right to amend those sections from time to time in line with the
needs of the business.
I hope you find this a useful guide during your employment with us. However, if you are unable to find
the answer to your question here, please contact your line manager who will certainly be able to find
the answer for you.
Our aim is to support and develop employees in their role so that they feel confident to undertake the
responsibilities placed upon them and are quickly able to contribute to the success of the
organization.
Induction will be spread over your first few months in post, and is generally planned on a first day, first
week and first month basis. The content and duration of the induction programme will be dependent
on the scope and complexity of your job, and your line manager will outline this in detail to you on
your first day with us. An induction plan and checklist will be made available to you.
RECRUITMENT
When identifying the need to recruit any position within the Company, it should be done in line with:
• The correct operating rota model for the park and/or department
• The budget aligned to recruitment within the park and/or department
• Discussion with your line management
Once the need to recruit has been established and authorized an advertisement should be
placed internally through the recognized method at that time. This is to ensure that the first
solution is to always consider our internal talent.
There may be times where an internal advertisement may not be necessary due to internal
succession planning and talent management allowing us to identify an instant successor for the
vacancy.
Where internal recruitment is not possible an external advertisement should be discussed with
your line manager prior to it going live, to agree the cost and arrangements. External
advertisements will be accessible via the Harri ATS and where appropriate should only be made
with recognized recruitment partners where Oxygen ActivePlay has agreements already in place.
In the event that an advertisement is to go through a recruitment source that is not currently recognized
with Oxygen ActivePlay, the budget, standard terms and advertisement content should be discussed
with and authorized by your line manager or appropriate signatory.
New roles to Oxygen ActivePlay can only be introduced where authorized by the People Team.
Therefore, all advertisements are strictly limited to the published structure at that time. This
includes a minor variation to any job title.
Secondments
In assessing our internal candidate’s secondments can provide a solution that prevents the need
to recruit externally and promote a development culture.
• to fill temporary gaps in resource, for example during times of maternity leave, a fixed term
secondment can assist in filling the temporary gap.
• during recruitment for a permanent position the recruiting manager can see potential for
an internal candidate and choose to allow an opportunity for the team member to prove
• their ability to be successful in the role. A secondment can be offered as a trial period to
ensure that the opportunity can be offered with protection for both parties.
Secondments should not exceed a 12-month period unless in exceptional circumstances. The
recommended length of a secondment trial period is 6 months after which time a decision to
either make the seconded employee permanent or revert back to their old role should be made.
Recruiting managers should ensure that communication with the internal candidates’ line manager
takes place when considering the potential of a secondment as a trial period in place of an advertised
permanent role. This is to ensure that the internal candidate can return to their original role should the
secondment end, which is a contractual requirement. The same applies to secondments used for
temporary cover in that the original role must remain available for the employee to return to.
Applicants
Oxygen ActivePlay will ensure that all job applicants are treated fairly and equally.
All internal applicants should advise their line manager of their intent to apply for an internal vacancyprior
to applying. Application is usually via the Harri ATS but should the method of application change it will be
outlined within the advert.
References
External applicants will be required to supply the names and contact details of two referees, one
of which should normally be the applicant’s current or most recent employer.
References should normally be sought following an interview unless you are given express
permission by the candidate to request them beforehand. References should normally be
obtained in writing or email..
It is the responsibility of the park management team to apply for all employee references.
For Park Management and Central Support team roles, references will be requested by the
People Team.
To assist in understanding what items must be provided and checked, please refer to the ‘Right to
Work Guide’ but if you require any further assistance, please contact your line manager or the
People Team.
Please note that failure to make the necessary checks could expose Oxygen ActivePlay to
significant fines and damage to our business reputation. Therefore, as a consequence, any failure
to make adequate checks prior to the candidate starting may lead to disciplinary action which may
include summary dismissal depending on the circumstances.
For roles that involve working with children and vulnerable adult’s, applicants will be asked to
reveal details of ‘spent’ and ‘unspent’ convictions. Successful candidates for such roles will be
required to provide the necessary documentation in order to complete a Disclosure and Barring
Service (DBS) check. Roles that require such a check will be clearly indicated on the conditions of
service and appointment documentation.
Due to the nature of our business and working directly with the public, it goes against
Oxygen ActivePlay’s policy to offer employment without the relevant checks having been
satisfied.
Therefore, as a consequence, any offer of employment made without completing the relevant checks
may lead to disciplinary action, which may include summary dismissal depending on the circumstances.
Park Staff
All recruitment is carried out via our recruitment automated tracking system (ATS), When the job
offer has been verbally accepted all paperwork will be made available via the ATS. .The Park
Manager then has the responsibility of ensuring all steps are followed to allow an offer letter and
contract to be issued, whilst personally obtaining references and ensuring a signed copy of all the
relevant documents are electronically filed.
These documents are held on our HR management system, where the employee can ‘electronically
sign’ the documents to confirm the details are correct.
All employees are obliged to use the HR management system adopted by Oxygen ActivePlay. This
is the main form of official communication to all employees and Oxygen ActivePlay requests that
employees regularly refer to this for business updates and documentation which may require a
signature.
Probation Periods
All appointments to the Company will be made subject to a probation period of either 3 or 6
calendar months. For further information please refer to the Probation Procedure Policy.
STANDARDS AND BUSINESS CONDUCT
Expectations and Duties of Staff
Oxygen ActivePlay expects its staff (including permanent and temporary employees, agency
workers, interims, casual workers, self-employed contractors and consultancy staff) to be honest
in all affairs relating to the Company and their role within it.
There is an expectation of the company and our directly employed workforce to ensure there is a
positive and sustainable relationship between employer and employee, which includes the
following principles.:
It is important to note that this list is not exhaustive and other actions may impact the sustainability
of the relationship between employer and employee.
Confidentiality
Confidentiality must be maintained at all times. No information regarding the business, its employees or
site users can be released to unauthorized persons or organizations. If such confidential information is
passed to a third party or posted online without permission the individuals may be subject to disciplinary
action up to and including summary dismissal.
Personal Relationships
If a personal relationship between two employees at different levels of seniority develops within the working
environment, the onus is on the senior team member concerned to bring this to the attention of his or her
manager to confirm that there is no conflict of interest, nor will a conflict of interest arise. Oxygen ActivePlay
reserves the right to move one of the employees concerned if it deems necessary to do so.
Business Relationships
Any outside interests including directorships, ownership, part ownership or material shareholding in
companies, businesses or consultancies likely to seek to do business with Oxygen ActivePlayshould be
declared to your line manager as should the interests of a spouse/partner or close relative.
To avoid any misunderstanding, all Oxygen ActivePlay employees must ensure that they do not permit
their company affiliation to be noted in any outside organization’s materials or activities without the express
written approval of a member of Senior Management.
If you bribe (or attempt to bribe) another person, intending either to obtain or retain business forOxygen
ActivePlay or to obtain or retain an advantage in the conduct of Oxygen ActivePlays business this may
lead to disciplinary action including summary dismissal.
Park Teams
All details surrounding park uniform standards can be found in the ‘Uniform Guidelines Document’
All employees are responsible for ensuring their uniform is clean and presentable for every shift andin the
event of their uniform becoming damaged or ‘wearing out’ employees should contact their manager who
will be able to request replacements. Please note that if it is deemed that a uniform has been damaged
due to lack of care, the employee will be asked to pay the cost price of replacement.
In warm summer weather the uniform standards may be extended to include plain black shorts instead of
tracksuit bottoms, leggings, or trousers. These must be knee length or just above. Pleasenote that denim,
cargo, baggy, ripped or heavily logo’d shorts are not permitted. Shorts are not provided as part of the
uniform and need to be purchased by employees.
If an employee attends or delivers a class or activity and returns to shift they should ensure theyhave
showered and/or changed into clean uniform.
Park Management
All managers are required to dress in smart and professional work [Link] guidelines are as follows:
Male Managers – Smart work trousers, collared shirt, smart practical shoes, and name badge
Female Managers – Smart work trousers, skirt or dress, shirt or blouse type top, smart practicalshoes,
and name badge
On any shift, you can opt to wear full oxygen uniform if you prefer.
Office Based Teams
When visiting the parks, it is important to represent the brand professionally, particularly as visits usually
involve customer facing areas. The brand standard is smart and professional work attire.
There is no compulsory uniform for our office-based support team, but they are encouraged to wear it when
on site, so they are easily identified as an employee. All employees are required todress in smart and
professional work attire.
If any team member turns up for work wearing what may be deemed as unacceptable dress, they will be
sent home to change, and time may be deducted from their pay to reflect this.
Piercings should be limited to a maximum of 3 piercings per ear and only small studs within any facial
piercings. However, we do reserve the right to insist that any piercing be removed, if necessary, when
certain roles are carried out within the park where there is a Health & Safety Risk.
Facial Hair
Although Oxygen ActivePlay does not insist on enforcing a clean-shaven rule all facial hair must be well
groomed and maintained. Anyone that attends work with unkempt facial hair could be sent home with the
instruction to make themselves presentable before returning to work and especially if they are carrying
out café duties. This time away fromthe park or office will be unpaid.
Smoking and/or vaping is strictly prohibited within any of our premises and is against the law.
Smoking/vaping directly outside our premises is also not permitted. Employees must be out of sight when
they take a smoking/vape break and Oxygen ActivePlay uniform must be covered up. Under no
circumstances should cigarette butts or other litter be dropped and left on the floor.
Failure to adhere to the above instructions may lead to disciplinary action including summary dismissal.
Home Working
There are members of the Oxygen ActivePlay team that cover a large geographical area that spans
regionally or nationally and therefore involves a significant amount of travel. As a result, they are provided
with the ability to work from home on occasion in an attempt to provide a solution to balance their work
and home life, but to also allow them a little quiet time during busy periods.
Additionally, there are a number of members of the Oxygen ActivePlay team that are considered
specialists in their roles and as such may be called upon to work outside of office hours, travel when
necessary and more generally may be required to work from home during busy periodsrelating to specific
projects.
Those employees that are afforded this option should note that the Oxygen ActivePlay Head Office is their
contractual normal place of work and that they do not have the automatic right to work from home. All
home working should be declared and agreed with their manager.
Oxygen ActivePlay will not provide or fund broadband for business use at home but those team
members with company laptops may connect to their home devices at their own expense.
Social Media
Use of digital media, social media and internal communication platforms such as Facebook, Twitter,
Instagram, Harri and O365 is widespread and sometimes, their use can get employees into potential
disciplinary situations, due to a lack of understanding of the effect that their action can have on
colleagues, the business and the Oxygen brand.
Inappropriate social media use often is due to a lack of judgement, or may have started in innocence, it
can have a serious negative impact on our business and brand if there is any link to the employee’s
association with the company. Many employers review and consider an applicant’s social media activity
as part of their pre-employment checks.
Our Commshub and O365 tools are the official way of communicating work-related matters with each
other. Therefore, managers have been asked to ensure that park and team WhatsApp and Facebook
groups are closed and no longer used as an official way to communicate work related matters.
Employees are free to add colleagues to their Facebook and set up a new WhatsApp group for personal
use only, but need to ensure that they have each person’s permission before adding them.
Below are a few example situations that can lead to disciplinary action:
• An employee takes pictures of a fun activity during a Neon night and posts it on their personal
social media profile. As our main customers are children and legally minors, we all have a
safeguarding responsibility to protect them. Therefore, it is never acceptable to post photographs
of any customers on social media or privately with friends outside of work, especially if you have
not got the correct permissions.
• An employee posts pictures of themselves and other employees, taking part in unacceptable
activity whilst in uniform. This does not have to be something extreme to be deemed as
unacceptable activity. Going out and getting drunk whilst in uniform would be deemed as an
unacceptable activity as it does not present the correct brand image and could be damaging.
What started out as an innocent drink after work could turn into potential customers avoiding our
parks as a consequence of the picture that has been painted by our employee’s behavior and
appearance. We are not looking to dictate our employee's social activity, but ask that you think
carefully about your actions, whilst wearing uniform or anything that links you to Oxygen
ActivePlay.
Please remember that you are a representative of the business and have a responsibility to
represent yourself and your colleagues well.
• An employee displays their current place of work as Oxygen ActivePlay on their personal social
media profiles and then supports or engages in debates surrounding controversial or highly
sensitive topics. Again, this does not have to be something extreme and maybe the team
member is expressing their personal opinion surrounding a subject that is met with fierce
opposition. It may “just” be the employee’s opinion but when it has a risk of causing offence to
others, regardless of their right to express themselves, they are attached to the brand by noting
Oxygen ActivePlay as their employer.
Those that become offended, even if there is no intention to do so, may have a negative reaction
towards the brand as a consequence of their actions. You should not note Oxygen ActivePlay as
your employer in your social media profiles other than for a profile such as LinkedIn which is
intended to be business related.
• An employee has all their work colleagues as “friends” on personal social media platforms and
they often take part in “banter” within their statuses, comments or via instant messages. This
banter may start to be at the expense of a particular individual or group of colleagues, at some
stage they may decide they are not happy about this. The colleague/s starts to feel bullied and
provides the content for discussion with a manager asking for the matter to be dealt with
formally.
Even if it happened outside of the workplace, it becomes a work problem if there is a breakdown
in workplace relationships. It is important to remember that “banter” which makes fun of others is
not ok if the individual/s involved finds it unacceptable and has asked for the ‘banter’ to stop. If
the colleague has asked you to stop, please do so immediately. If the unwanted ‘banter’
continues it may lead to disciplinary action being taken against all employees involved.
• An employee feels passionately about a cause and wants to share or display their support in
staff only areas or via internal communication platforms.
Oxygen welcomes diversity across our teams and encourages an eagerness to grow and
develop our understanding and knowledge. However, we all need to be mindfully sensitive and
appreciate that not everyone will share your view. Therefore, it is important that internal
communication platforms such as Harri, O365 and shared spaces are not used to display
support, rally supporters or to actively seek opposing views by displaying slogans, emblems,
flags, posters, graffiti and other material to identify a particular cause.
Oxygen is keen to ensure that we have a working environment where everyone can feel Safe,
Valued, and Included. Please be sensitive to others around you and if your manager asks you to
change or remove something, please do so. It is likely they are aware of a confidential concern
and keen to prevent a formal process. Failure to do so could lead to disciplinary action.
For this reason, on any platform that has the capacity for an internal profile picture, you can
choose to either not upload one, or upload a headshot with a plan background. The photo must
be you, and it must be appropriate for the workplace and not contravene any of the above
guidance on sensitive or controversial subject matters.
It is a security measure and does not exist for the purpose of monitoring employees’ activities. However,
CCTV footage may be reviewed during an investigation and submitted as evidence duringany formal
disciplinary or grievance process.
Oxygen ActivePlay also reserves the right to perform random searches of lockers or baggage of any
employee whilst on duty, entering or leaving Oxygen ActivePlay premises.
Spot checks may be carried out at the managers’ discretion when it is believed that an employee maybe
in possession of items that belong to the company, or they are attempting to bring items on site that are
not permitted to be on the premises. Notice does not have to be given to the employee involved.
Occasionally, an employee may also be asked to empty their pockets or prove they are not concealing
any such items on their person.
Employees will be asked to consent to the search and/or removing items from their person and theyhave
the right to refuse such requests. However, we consider that searches as part of this policy area
reasonable instruction and depending on the circumstances, refusal may be considered a disciplinary
matter in itself and formal action may be taken as seen appropriate.
PAY, BENEFITS, REWARD AND RECOGNITION
Salary Payments
Head office & Park salary payments are always made on the last working day of the month except, where
it falls on a bank holiday whereby they will be paid on the last working day prior to the bank holiday.
It is the responsibility of the employee to ensure they provide correct bank details at the start of their
employment and if during their employment they should change, we must be notified at theearliest
opportunity to ensure there is no delay or complication in paying the employee.
If an employee is late in or early out compared to a rostered shift, we will adjust their pay based on the
minute that they arrive or leave. No additional payments will be made outside of rostered hours without
permission from a manager at the site
Salary Advances
It is occasionally necessary for a salary advance to be authorized based upon personal circumstances
and extreme situations. However, this will only be granted when there is sufficient holiday accrued to
cover any potential loss in the event the employee defaults and leaves the company before the advance
has been repaid. The employee must give written consent to this before any advance is authorized. Any
advance must be authorized by the Head of Operations.
Expenses
Employees may claim valid expenses incurred whilst carrying out their duties or attending authorized
events or training outside their normal place of work. Oxygen ActivePlay will reimburse those expenses
providing the Webexpenses system has been used correctly. For full details of this system and what can
and cannot be claimed please see the “Expenses Policy”.
Please note that line manager authorization does not prevent the payment being withheld if any element
of the claim does not comply with the policy when checked.
Car Allowance
Car allowances are normally only offered where there is a requirement to travel extensively as part of the
role and therefore would be categorized as a job-related benefit. The only exception to this would be
Senior Management when a car allowance may be offered as part of their overall packageand will be
subject to their terms and conditions of employment. For further details, please see “CarAllowance
Policy”.
It is also important to note, that travel should be booked via Travel Perk account and as far in
advance as possible to obtain the most competitive rates, last-minute bookings are inevitably more
expensive in the majority of cases.
To understand what allowances, you have or what you can claim, along with paymentarrangements
please refer to the “Expenses Policy”.
Birthday Day Off
In order to thank team members for their hard work we like to give all employees their birthday off every
year in addition to their annual holiday entitlement. The basic principles of this benefit are: -:
• Anyone with a birthday on their normal day off or a bank holiday must take their birthday day off
on another day that is during the week before or the week after their birthday
• Team members must be actively at work to benefit from the birthday reward as anyoneon long
term leave (e.g., long term sickness, maternity, adoption, parental) will not be permitted their
birthday day off on returning to work.
• There is no cash benefit or payment in lieu for this reward
• Any team member with a birthday during their notice period of resignation or under notice of
termination will not benefit from this reward.
Entitlement to birthday leave is non-contractual and may be removed or amended at any time at the sole
discretion of the company.
Perkbox offers:
• flexi and reward points allocated by manager
• significant savings on high street and/or online shopping with major retailers and service
providers.
• suite of wellbeing support tools such as podcasts, webinars, HiiT workouts
• 24/7 helpline offering advice on mental health, wellbeing, financial and legal matters
• 121 counselling sessions
Entitlement to this scheme is non-contractual and may be removed or amended at any time at thesole
discretion of the company.
All discounts and benefits must be approved and processed by a Manager, crew are unable to process
and should NEVER action for family and friends themselves. This will lead to disciplinary action.
Entitlement to these discounts are non- contractual and may be removed or amended at any time, at the
sole discretion of the company.
The company reserves the right to withhold payment to individuals at its sole discretion in exceptional
circumstances, such as: -:
If none of the above conditions for withholding payment apply, an employee who is leaving will be entitled
to receive any bonus earned for any full month completed before they leave.
All such payments may be made after the leaving date once all financial checks have been made and the
payment authorized.
All bonus payments regardless of team member status remain at the company’s discretion and maybe
withdrawn if the overall company performance dictates.
All extra days will be added to your holiday plan automatically via our HR management system, you are
expected to use them as per holiday ‘use it or lose’ policy. .
The additional holiday days have no monetary value in terms of trading them in for payment instead.
Sabbatical Leave
All employees that have a set number of contracted hours with us will be entitled to the following:
• 5 years’ service – after you have completed 5-years continuous service you are entitled to
request a 1-month sabbatical from work
• 10 years’ service – after you have completed 10-years continuous service you are entitled to
request a 2-month sabbatical from work
All requests for sabbatical leave must be sent to your line manager and the request must be signedoff by
the Chief Operating Officer or Director.
It is not standard practice to allow sabbaticals outside the service reward offer but should a team
member wish to request one their request should be directed to their line manager in the first instance.
.
MANAGING ANNUAL LEAVE
Every employee has the right to take Annual Leave and is encouraged to do so. The company
annual leave period runs from 1st July to 30th June each year.
If an employee does not use their annual leave within the annual leave year, their unused
entitlement will be lost, unless they have been unable to take their full entitlement due to long term
sickness or long-term statutory leave such as maternity or adoption leave. Statutory minimum leave
must always be taken, which is currently 28 days inclusive of any bank holidays.
The amount of annual leave entitlement is dependent on job role and will be detailed within your
contract of employment. As a guide, there are a number of job entitlements below:
Hourly paid employees: Leave pay entitlement is based on your previous 52week average hours
worked.
Salary paid employees: Leave pay entitlement is based on your contracted working hours.
All Park based employee holiday plans include their bank holiday entitlement and are available to take
during the annual leave year.
Central Support employees have holiday plans that exclude bank holidays, as they are not normally
required to work on bank holidays. However, if required to work on a bank holiday, they can arrange to
take a TOIL (time off in Lieu) day for the bank holiday worked.
Please note that days around the Christmas and New Year period, where typically, all parks and the
central support are closed for business, are compulsory holidays to be taken by all and should be
processed as paid leave.
In the event of an employee leaving, as per their contract of employment, any accrued annual leave
should be taken during their notice period unless agreed otherwise with the Park Manager/Head of
Operations.
MANAGING ABSENCE
Sickness Absence
There may be occasions where employees are absent from their place of work due to illness. The
amount and frequency of illness will be monitored to ensure that each employee is able to do their
job effectively and without putting others at risk.
It is not the intention of Oxygen ActivePlay to question the genuineness of a period of sickness.
As a duty of care for our employees, we will monitor sickness absence, have return to work
discussions and/or formal meetings if absence levels become a concern. Managers will seek to
offer support to employees with the intention of achieving an acceptable level of attendance and
performance. On some occasions it may not be possible for Oxygen to continue to support the
level of absence and if no more adjustments can be made, this may lead to dismissal.
Managers will review cases of sickness on an individual basis and ensure there is appropriate support
and advice. When necessary, an employee may get referred for an Occupational Health assessment.
If patterns and levels of absence become unacceptable, formal management action will be required to
investigate the causes and manage as s appropriate.
Employees who become aware that they have an underlying or on-going illness or health
condition that may affect their ability to attend work and/or carry out their job role are encouraged
to inform theirmanager at the earliest opportunity. All such matters will be considered and dealt
with as quickly and compassionately as possible.
When an employee is due to open a site/park and therefore an early morning start is needed, it is the Park
Manager’s responsibility to have a documented local agreement in place stating what contact to make and
when for employees calling in sick.
For every day of the first 7 days of absence, the employee must contact their manager to informthem of
their progress and expected return to work date, unless otherwise agreed with their manager.
When an absence is covered by a Fit Note regular contact must still be maintained between theemployee
and manager, usually at least once a week via telephone.
For all absences that reach 4 weeks or longer, the employee will be classed as being on long term
sickness. It may be decided that regular sickness absence meetings are necessary, and the
employee will be asked to consent to the company obtaining a medical report from their GP and/or a
private medical examination or occupational health assessment.
In some cases of a prolonged absence, it may be necessary to terminate the employees’ employment
for reason of capability due to ill health. However, this will only be considered as a last resort and full
consultation with the employee will take place prior to any decision being made.
An employee can return to work at any time, including before the end of their Fit Note and without
having to go back to their doctor. However, a Return to Work will be conducted by the employee’s
manager before they are permitted to carry out their duties again.
On return to work, employees will be asked to attend a Return-to-Work meeting with their manager to
discuss reasons for the absence, the period of absence and where appropriate, what course of action
is required as a result of the absence. This meeting must be recorded on the Return-to-Work Form,
which must be signed on completion by both the manager and employee. In certain situations, it may
be appropriate for the employee to attend an Occupational Health assessment.
Sick Pay
Unless stated within your contract of employment Oxygen ActivePlay does not offer contractual sick pay
and instead team members are paid Statutory Sick Pay (SSP). This means that the first three days that
an employee is absent from work is unpaid as SSP rules class those days as ‘waitingdays’. SSP then
starts from the fourth day of absence.
SSP is based upon an employee’s National Insurance Contributions and therefore someteam members
will not be entitled to receive it.
Alternatively, employees who are not entitled to SSP, can request to use their accrued annual leave pay
entitlement whilst sick, deduction from leave entitlement will be made, but absence will be recorded as
and managed as sickness absence procedure.
When it is deemed that an employee’s level or pattern of absence is a concern, employees will be invited
to a formal meeting. This will allow the manager and employee to have an open discussion regarding the
reason for absence, identify any trends or underlying health issues that may need to be investigated
further and consider reasonable adjustments..
Full details of the formal process can be found in the ‘Sickness Absence Process’.
• The employees’ manager will attempt to make contact via a telephone call and if there is no
response will leave a voicemail and/or text asking for the employee to make immediate contact
regarding their absence. The manager will also attempt to make contact by all other means
available, e.g., email, electronic messaging apps, or by contacting next of kinusing the
employee’s emergency contact details.
• If the employee still does not make contact within 24 hours, a letter will be sent to theemployee
requesting them to make contact by a certain time/date.
• If no further contact is received from the employee within the time period stated in the letter and
dependent on the circumstances, the employee will be invited to attend a disciplinary hearing,
unless they make immediate contact. This decision is not made lightly, and every effort will be
made to contact the employee first and understand the circumstances.
• If the employee fails to attend the disciplinary hearing, the hearing will be rearranged once
more. If the employee fails to attend the rearranged hearing, the hearing will take place in their
absence. With no mitigation for the unauthorized absence the likely outcome will be the
termination of employment without notice.
• During the time the employee is on unauthorized absence they will receive no salary payments
• If the employee does make contact, then the reason for their unexplained unauthorized
absence will be investigated and if appropriate further action under the disciplinary procedures
may be taken.
Medical and Dental Appointments
Oxygen ActivePlay recognizes that employees will need to attend appointments from time-to-time
Employees do not have any statutory right to time off for these appointments so wherever possible,medical
or dental appointments need to be made outside of the employees working hours.,.
If an employee has to attend appointments on a regular basis, their manager will seek to agree with the
employee where the hours can be made up to avoid having pay deducted. If an agreement cannot be
made, then the hours will be deducted from the employees pay.
Where applicable, refer to maternity leave policy, see ante natal appointments section.
Compassionate Leave
This is normally given to an employee when they experience a death of a direct family member butmay
also be granted at other times depending on individual circumstances. An employee will be permitted to
take up to 2 days paid leave and any additional leave, paid or unpaid, will be agreed at the discretion of
their line manager . Periods of more than 5 working days must be authorized by Head of Operations or
Director.. .
Jury Service
If an employee is called for Jury Service, they will be provided with paperwork to complete thatrequests
information linking to salary. This paperwork must be given to payroll so it can be completed and
returned back to you
Whilst you are carrying out Jury Service you can claim loss of earnings from the court as you will not be
paid by the company during this time. Deductions will be made from the employee’s salary as instructed
by their manager.
FAMILY FRIENDLY LEAVE
Maternity Leave
All female employees are entitled to 26 weeks Ordinary Maternity Leave (OML) and 26 weeks Additional
Maternity Leave (AML), irrespective of their length of service or the number of hours worked each week.
It is important to note that the final 13 weeks of Additional Maternity Leave is unpaid, even if the
employee is entitled to Statutory Maternity Pay.
All employees must take at least two weeks off after the birth of their child. This is known as Compulsory
Maternity Leave.
The employee can elect to begin her Maternity Leave at any point during or after the 11th week before
the Expected Week of Confinement (EWC). This EWC date will be officially determined by the doctor or
midwife when the MATB1 certificate is given to the employee at approximately week 20 of the
pregnancy. The MATB1 certificate must be submitted to your line manager along with the
“Maternity Leave & Return to Work Form”.
In certain circumstances, Maternity Leave will automatically commence regardless of a later officially
notified Leave date. This applies when the employee is certified sick due to a pregnancy related
condition during the 4 weeks leading up to the EWC or if the birth happens earlier than expected.
Maternity Pay
Female employees qualify for Statutory Maternity Pay (SMP) as long as they meet the followingcriteria:
• Have 26 weeks’ continuous service by the 15th week before the expected weekof confinement
(EWC)
• Have been earning at least the National Insurance Lower Earnings Limit Statutory Maternity Pay
is paid for a maximum of 39 weeks and consists of the following:
o Higher Rate: For the first 6 weeks, SMP is paid at 90% of the employees average weekly
o earnings
o Lower Rate: From week 7 – 39, SMP is a statutory amount determined by the state or
90% of average earnings whichever is lower.
All SMP is paid monthly as per the normal monthly salary payments.
If an employee does not qualify for SMP, they will be given a SMP1 form explaining the reasons why they
are not entitled and informing them how to claim Maternity Allowance benefit from the state...
Once the employee has notified their manager, completed the Maternity Leave & Return to Work Form,
and received their MATB1 form confirming EWC date, a confirmation letter will be sent to the employee.
An initial Risk Assessment should be completed using the “Pregnancy Risk Assessment Form” within
two weeks of the manager being notified of the pregnancy, followed by additional assessments every 6
weeks on average or more frequently if there are any risks or complications that are linked to the
pregnancy. For guidance on how to complete this form please use the “Pregnancy Risk Assessment
Managers Guide”.
If you are the father of the unborn child, or the partner of a pregnant woman you are entitled to unpaid
leave to attend 2 ante natal care appointments recommended by the doctor or midwife. For each
appointment you are entitled to up to 6.5 hours of leave.
Benefits
During Ordinary and Additional Maternity Leave, you will continue to receive your contractual benefits
(including accrual of annual leave) and your normal terms and conditions will continue to apply, except
for those terms relating to wages and salary.
Returning to Work
All employees have the right to return to work regardless of length of service and contracted hours of
work. At least 28 days’ notice in writing must be given by the team member confirming the intended date
of return to work.
If you decide not to return to work after maternity leave, you should confirm in writing and give the
required amount of notice as per your contract of employment.
Whilst on Maternity Leave the employee will continue to accrue annual leave as normal. Where the
annual leave changes during Maternity Leave any accrued leave will be paid to the employee in their
June payment. The employee will then start accruing leave in the new annual leave year and will use
this upon their return or be paid it. This agreement will be made between the employee and their
manager.
If you adopt a child through an approved adoption agency you are entitled to take up to 52 weeks' adoption
leave. The first 26 weeks’ of leave is known as ordinary adoption leave followed immediately by up to 26
weeks' additional adoption leave.
As the primary adopter, you will also qualify for statutory adoption pay provided that you have 26 weeks
continuous service, and your average weekly earnings are not less than the lower earningslimit for
national insurance contributions. Statutory adoption pay is payable for up to 39 weeks. You will receive
90% of your average weekly earnings for the first 6 weeks, then for the remaining 33 weeks, you will
receive the rate set by the Government, or 90% of your average weekly earnings, if this figure is lower.
Adoption leave can commence up to 14 days before the issue of a matching certificate or up to 2 months
after the child starts living with the adoptive parents. The detailed rules regarding Adoption Leave mirror
that of maternity and paternity leave.
Those adopting from surrogate parents are also eligible for adoption leave and pay. If you are a surrogate
mother, you are entitled to maternity leave and pay.
Adoption Appointments
If you are the primary adopter, you are entitled to take paid time off for up to 5 adoption appointments. If
you are the partner of the primary adopter, you can take unpaid time off for up to 2 appointments.
You must discuss and give your manager at least 28 days’ notice of your intended Statutory Paternity
Leave dates.
For children born/adopted on/before 6 April 2024, an employee can choose to start statutory paternity
leave:
• on the day their baby is born, or the day after if they're at work on that day
• on an agreed date after their baby is born/adopted
• a set number of days after their baby is born – for example 1 week after
An employee must take their statutory paternity leave within 8 weeks (56 days) of the birth.
They cannot start statutory paternity leave before the birth. But they could agree with their employer to
take another type of leave before paternity leave, for example holiday.
For children born/adopted on/after 7 April 2024, an employee can choose to take either 1 or 2 weeks'
statutory paternity leave. They can take the leave as either:
• 2 weeks together
• 2 separate blocks of 1 week
An employee can take their statutory paternity leave at any time in the first 52 weeks after the
birth/adoption.
To qualify:
• You must have worked for the Company for at least 26 weeks by the end of the 15th week
before the expected birth week.
• You must be in an enduring relationship with the mother or primary adopter and expect tohave
responsibility for the child’s upbringing
• You will be taking time off to support the mother or primary adopter in caring for the child
Statutory Paternity Pay is paid at a fixed rate per week (determined in legislation) or 90% of average
earnings if that is less. It is paid less tax and National Insurance contributions in the normal way.
During Statutory Paternity Leave, you are entitled to all of your normal contractual terms and conditions
as if you were not absent, apart from basic wages and salary. You have the right to returnto exactly the
same job, on the same terms and conditions after Statutory Paternity Leave.
Where a child has been adopted, it is up to the adoptive parents as to who takes adoption leave and who
takes paternity leave.
Parental Leave consists of a maximum of 18 weeks’ unpaid leave. It can be taken at any time up tothe
child’s 18th birthday. Up to four weeks’ Parental Leave can be taken in respect of each child,
each year, in blocks of one week or more. You cannot take the leave in blocks of less than one week,
unless the child is disabled. You must give your line manager at least 21 days notice of your intention to
take Parental Leave.
Eligibility
To qualify for Shared Parental Leave a mother or primary adopter must:
• have a partner.
• be entitled to either maternity/adoption leave and/or to statutory maternity/ adoption pay or
maternity allowance.
• have curtailed, or given notice to reduce, their maternity/adoption leave, or theirpay/allowance
(if not eligible for maternity/adoption leave).
To qualify for Shared Parental Leave you must:
• be an employee.
• have 26 weeks continuous service with us by the 15th week before the expected due date of
birth or matching date for adoption, and still be working for us at the start date of each period
of leave. This is known as the "continuity of employment test".
• share the primary responsibility for the child with the other parent at the time of the birth or
matching date for adoption.
• have properly notified us of your entitlement and have provided the necessary declarations
andevidence.
In addition, your partner must, In the 66 weeks leading up to the baby’s expected due date/ matching
date, have worked for at least 26 weeks and earned the required "average amount" a week (the "average
amount" is reviewed annually by the government) in any 13 weeks. This is known as the "employment
and earnings test".
To qualify for ShPP you have to meet the "continuity of employment test" and your partner has tomeet
the "employment and earnings test". In addition, you must have earned above the lower earnings limit for
national insurance contributions up to and including the 15th week before the expected due date of birth
or matching date for adoption.
You can notify us on 3 separate occasions for each birth/adoption, that you wish to take Shared Parental
Leave. Leave can be taken in continuous blocks (unbroken periods of leave) or discontinuous blocks
(where you return to work between periods of leave). Continuous blocks of leave are a statutory right, and
we will not refuse such requests, however single requests for discontinuous blocks of leave, will be
subject to our agreement.
If you make a single request for discontinuous blocks of leave, we will hold a meeting with you within14
days to discuss the application. If we decide to turn down the request, you will still be entitled to take the
whole amount of leave in a continuous block or you can withdraw the request and possibly re-submit it at
a later date. If you withdraw the request, it will not count as one of your 3 separate requests.
During the 14-day discussion period we reserve the right to request a copy of the birth / adoption
matching certificate and / or the contact details of your partner. If this information is requested, it must be
provided within 14 calendar days.
To minimise the chance of refusal we would encourage you to discuss your Shared Parental Leave
requirements with us at the earliest opportunity.
Notice Requirements
You must give at least 8 weeks’ notice of each period of Shared Parental Leave providing us with the
following information :-
• the names of the mother or primary adopter, and partner
• the start and end date of any statutory maternity or adoption leave
• the total amount of shared parental leave available
• the child’s expected week of birth, actual date of birth, or date of placement
• how much shared parental leave you and the mother / primary adopter each intend to take
• an indication as to when you intend to take the leave.
Once the mother or primary adopter has given notice to end maternity/adoption leave and either parent
has informed their employer of their entitlement to take Shared Parental Leave then the noticeto end
maternity/adoption leave is binding and cannot be withdrawn. When notice is given before birth, it may
be withdrawn without a reason up to six weeks following the birth.
[Link] notice to claim ShPP can be included within your notice of entitlement to Shared Parental
Leave.
Booking Leave
You can book leave (i.e. confirm the dates) at the same time or following your notification of entitlement
to SPL. You can submit 3 separate notices to book leave. Any variation to leave alreadybooked, will
count as one of the 3 notices.
Notice to book leave must be made in writing at least 8 weeks before any period of leave begins.
Meeting
If you submit a request for continuous SPL, this is a legal right, and we will agree to this in writing. We
may need to informally discuss the impact on your work, but we will not refuse the request. If you submit
a request for discontinuous SPL, we will hold a meeting with you to discuss the request within 14 days.
Outcome
All continuous leave notifications will be honored as this is your legal right. Where you have notified us of
a request to take discontinuous leave, we will respond to you in writing, following a meeting, within 14
days. We will endeavor to meet requests for discontinuous SPL but reserve the right to turn down a
request, if we believe it will have a significant adverse impact on the business.
The default position is that if a discontinuous leave request is turned down, you can either withdraw the
request, and it will not count as one of the 3 allowed requests, or the leave defaults to continuousleave.
SPLIT days
During SPL we can mutually agree up to 20 Shared Parental Leave In Touch (SPLIT) days. There isno
obligation on us to offer these days or for you to agree to them. SPLIT days can be used in situations
where we both feel it would be beneficial for you to attend a work-related activity, for example a training
session or a team meeting, or to work part of a week to help you return to your role.
When you work a SPLIT day, you will be paid your normal rate of pay, which will include any ShPP.
Returning to work after Shared Parental Leave
When returning to work after SPL you are entitled to return to the same job if your total leave (not
including unpaid parental leave) is 26 weeks or less.
In the case where the total leave exceeds 26 weeks or unpaid parental leave exceeds four weeks, you
may be offered suitable alternative work on the same terms and conditions, if it is not reasonably
practicable for you to return to your own job.
Eligibility
Parental bereavement leave is available from day one of employment. It is available to employees on the
death of a child under the age of 18 including stillbirth. You may take parental bereavement leaveif you fall
into any one of the following categories:
• A ‘natural’ parent
• An adoptive parent, and those with whom a child has been placed under the ‘foster to adopt’
scheme, provided the placement is ongoing
• A ‘natural’ parent where the child has been adopted but a Court Order exists to allow the
‘natural’ parent to have contact with the child
• An employee who is living with a child who has entered Great Britain from overseas in relationto
whom has received official notification that they are eligible to adopt
• An intended parent under a surrogacy arrangement where it was expected that a parental
order would be made
• A ‘parent in fact’ which is someone in whose home the child has been living for a period of at
least four weeks before the death and has had day to day responsibility for the child, subject to
exceptions. This category includes guardians and foster parents but does not include paid
carers
• The partner of anyone who falls into the above categories, where they live in an enduringfamily
relationship with the child and their parent.
Leave may start on any day of the week and must be taken in whole weeks. It may be taken at anytime
in the 56-week period following the death.
If you have suffered a stillbirth after 24 weeks of pregnancy, in addition to parental bereavement
leave, you are still entitled to take your full entitlement to maternity and paternity leave, provided you were
eligible to take maternity or paternity leave. However, parental bereavement leave cannot be taken at the
same time as maternity or paternity leave.
Where more than one child dies or is stillborn, you are entitled to two weeks of parental bereavement leave
in relation to each child.
Notification requirements
Leave to be taken within the first 56 days of the death
You do not need to give any advance notice of taking parental bereavement leave. We only ask that you
contact your line manager by the time you were due to start work on the day you wish leave to begin, or
if this is not possible, as soon as is reasonably practicable, giving the date of the death, thedate on which
leave will start and whether one or two weeks is to be taken.
Leave to be taken later than the first 56 days since the death
You need to give one week’s advance notice, in writing, of taking parental bereavement leave to yourline
manager giving the date of the death, the date on which leave will start and whether one or two weeks is
to be taken.
To cancel leave which was to begin later than 56 days after the death, you should let us know no laterthan
one week prior to the intended start date.
You can also change the start date of leave by following the notice requirements above.
• You have been continuously employed with us for at least 26 weeks by the week prior to the
week in which the child died or was still born
• Your normal average weekly earnings are not less than the lower earnings limit relevant for
national insurance purposes
• You are still employed by us on the date the child died or was stillborn.
Payment will be made at the rate set by the Government each year or 90 per cent of your averageweekly
earnings (whichever is lower).
In order to receive statutory parental bereavement pay, you must provide us with a request along withthe
following information within 28 days, or as soon as is reasonably practicable, of the first day of parental
bereavement leave:
• The child’s name
• The date of the death or stillbirth
• A declaration that you fall into the one of the categories listed under ‘Eligibility’ above.
Right to return
Upon your return to work, you are entitled to return to the same job, with the same terms and conditions,
in which you were employed before the period of leave unless:
• The total period of leave you have taken is more than 26 weeks when added to any other
period of statutory leave including maternity, paternity, adoption leave etc in relation to the same
child and
• it is not reasonably practicable for you to return to the same job.
On your first day back to work we will meet with you to discuss any arrangements regarding yourreturn to
work and any additional support we may be able to offer you.
You are legally entitled to take a reasonable amount of unpaid time off to deal with emergencies
involving dependants (for example, if a dependant falls ill or is injured, if care arrangements break down,
or to arrange or attend a dependant's funeral).
A dependant is your child (including adopted child), husband, wife or parent. It also includes someone
who lives in your household, or someone who reasonably relies on you, such as an elderly relative.
Any time taken off must be necessary and reasonable in the particular circumstances.
For the avoidance of doubt this entitlement is for unpaid time off to deal with the immediate emergency
and not for extended time off after the emergency. Any additional time off should be agreed with your
manager as holiday or further unpaid leave.
Carers Leave
From 6 April 2024, you are legally entitled to take one week of unpaid carer’s leave per rolling 12-month
period to provide or arrange care for a dependant with a long-term care need. You can request to take
your entitlement in a continuous block or separate occurrences, but each occurrence must be at least
one-half of your working day.
For these purposes, a week is based on the number of days you normally work in a week. If your normal
working time varies from week to week, a week is your average working time in a week taken over the
previous 12 months.
A dependant is defined as a:
• spouse or civil partner
• child
• parent
• person who lives in the same household but is not a tenant, lodger, boarder or employee
• person who reasonably relies on you to provide or arrange care. This could be, e.g. an elderly
neighbour.
Such requests will be considered taking into account the impact on the organization, work colleagues,
customers and any other relevant factors.
From April 2024, all employees are able to make a formal written application to request working flexibly,
from the first day of their employment. Other than in exceptional circumstances, you will only be able to
submit two applications to workflexibly in any 12-month period.
The application must also state whether you are requesting the variation as a reasonable adjustment
under the disability discrimination provisions of the Equality Act 2010.
We will then arrange a meeting with you to discuss your request. At that meeting you may bring
along a workplace colleague of your choice. The meeting will include discussion of alternative
arrangements that may be acceptable to you if we are unable to agree to your exact request.
There may be some requests that we are immediately happy to agree, and in these cases a formal
meeting may not be necessary.
If you fail to attend the meeting, and a rearranged meeting without good reason, we will consider the
application as having been withdrawn.
Following the meeting, we will then give serious consideration to your request and then reply formally in
writing. Unless we both agree to an extension, we will confirm our decision within two months of the date
of your application.
Requests that are agreed, will constitute a permanent change to your terms and conditions of employment
and you will receive a letter to sign, confirming this. In some circumstances we maysuggest a trial period
for the new working conditions.
There is no obligation on us to agree to your flexible working request, however, if we are unable to agree to
all or some of your request, we will invite you to a further meeting to explain why.
If we are unable to agree to your request, it is likely to be for one of the following objective reasons:
• the burden of additional costs,
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on our ability to meet customer demand
• insufficient work for the periods you propose to work
• a planned structural change to the business
You have the right of appeal and should put that appeal in writing to the designated appeal manager,
within 5 working days of receiving your response letter.
You will be invited to an appeal hearing to put your case and again you may be accompanied by awork
colleague of your choice..
Following the appeal, you will be given a final written response and there will be no further right of appeal.
PROBATION PROCEDURE
It is Oxygen ActivePlay’s policy to operate probation periods for all new employees as thecompany
believes through reviewing suitability within the probation period it increases the likelihood that a new
employee will perform effectively throughout their employment with us.
It is the managers’ responsibility to ensure their new employee is given clear information about the
expectations in their role. Those expectations will then be monitored throughout the probation period to
ensure their performance, behavior and capability are suitable for the role. This includes addressing any
concerns that may arise. The probation period will ensure that the employee is awareif some aspects of
their performance or conduct is not up to the required standards, whereby support and guidance can be
given.
The length of a new employees’ probation is confirmed within their contract of employment, and it is
usually 3 or 6 months depending on their role.
Regular reviews and assessments will take place throughout the probation period and the output from
these reviews will be used as part of a formal review at the end of the 3 or 6-month probationperiod.
This formal probation review will take place before the end of the probation period whereby it will be
confirmed whether the employee has passed, failed or need their probation extended.
Passing Probation
When an employee passes their probation, this will be confirmed in writing and any changes to their
notice period will come into effect.
Extending Probation
If during probation, an employee is not meeting the required standards but it is felt that additional time is
likely to bring about the required improvement, the company reserves the right to extend the probation
period. The probation period may also be extended where the employee has been absent for a significant
part of the period.
Any extension will be discussed with the employee first and then confirmed in writing. The letter will include
the length of extension, the required improvements, any help and support that will be provided and
confirmation that failure to meet the required standards during the extension may lead to the employment
being terminated.
Failing Probation
Oxygen ActivePlay will always attempt to ensure that an employee is given every chance to complete
their probation period successfully. However, where there is evidence that the employee iswholly
unsuitable for the role the company may decide to terminate employment either during or at the end of
the probation period. A meeting will be held to discuss the situation before any decision is finalized. If
termination is decided as a last resort, it will be with notice or pay in lieu of notice.
However, in some situations, the company may choose to place employees on garden leave duringtheir
notice period or pay them basic salary in lieu of notice.
Placement of an employee on garden leave or payment in lieu of notice, must be approved by the Head of
Operations/Director.
When an employee is on ‘garden leave’ they remain employed and cannot work or take part in any other
work whether that be paid or unpaid. Normal salary and benefits will continue to be paid and the
employee must remain contactable during their normal contractual hours. It may also be dictatedthat any
outstanding annual leave the employee has is taken within this period.
When a dismissed employee is paid in lieu of notice their employment ends on the day of the dismissal
meeting and they are paid their basic salary for the notice period in addition to their finalpay.
DISCIPLINARY POLICY AND PROCEDURE
Our Disciplinary Procedure is in accordance with the ACAS Code of Practice.
Where possible, informal management of conduct and capability will be undertaken to resolve issuesprior
to any disciplinary action being taken.
The employee will also be told, where appropriate, that failure to improve may result in formaldisciplinary
action. This may be confirmed in a “letter of concern”.
A record of any informal performance management meetings will be given to the employee and a copy
retained in their personnel file. Such records do not constitute a formal disciplinary warning, even if a
warning is included in the text.
If during informal management of the situation it becomes clear that the matter is more serious, or the
required improvements have not been made within a reasonable time, then the matter may be pursued
under the formal disciplinary procedure. Managers should seek advice from the People Team when
considering taking disciplinary action.
Suspension
The purpose of suspension is to remove a member of staff from the workplace, pending an investigation,
where their continued attendance at work may be a risk to the company or the investigation process.
Suspension is not a disciplinary sanction and will be on full pay. Only Directors, Park Managers and
People Team have the authority to suspend an individual.
An employee suspended from duty will receive written confirmation within three days of:
• the reason for the suspension
• the date and time from which the suspension will operate.
• the timescale of the ongoing investigation.
• any conditions of suspension, e.g., access to colleagues or the workplace
All the relevant facts and evidence should be gathered promptly after the incident. Statements should be
taken from witnesses at the earliest opportunity.
In some circumstances where misconduct or gross misconduct is suspected, it will be appropriate toset
up a formal investigation meeting with the employee concerned. This would be chaired by an appropriate
manager who may be accompanied by another manager or a member of the People Team.
At the meeting the employee will have the allegations explained and be able to give their version of
events. There is no statutory right to be represented at an investigation meeting.
A report will be prepared by the Investigator which outlines the facts of the case and may recommend
action. This should be submitted to the appropriate Disciplinary Manager appointed, who will decide
whether to proceed with disciplinary action.
Disciplinary Hearing
If the Investigator or disciplinary chairperson recommends a disciplinary hearing, or an employee hasnot
made the required improvements under informal management of performance, they should be invited to
a disciplinary hearing.
Copies of any documentation that will be produced as evidence at the hearing will be provided withthe
letter.
The employee will be given reasonable notice of the hearing of at least 2 working days.
At the hearing the employee will be reminded of the allegations and given the opportunity to respond.
The chairperson will sum up and then adjourn the meeting. Normally the meeting will be reconvenedfor
the decision to be communicated verbally. The decision will be further confirmed in writing notifying the
employee of the right of appeal.
If the allegations are upheld the following sanctions may be implemented. If gross misconduct or if
previous warning(s) have been given employment may be terminated.
Covert Recording
The covert recording of any hearing or meeting is prohibited. If an employee is found to be covertly
recording a hearing or meeting, this may be treated as gross misconduct and may result in summary
dismissal without notice.
Disciplinary Sanctions
Examples of Misconduct
Below are examples of misconduct that may warrant a formal warning. A formal warning may also be
given, where general performance has failed to improve to the required standards. This list is not
exhaustive and on all occasions a full and proper investigation will take place prior to the issue of a
warning.
• Persistent lateness and poor timekeeping.
• Absence from work, including going absent during work, without valid reason, notification or
authorization.
• Smoking within unauthorized areas.
• Failure to work in accordance with prescribed procedures.
• Failure to follow reasonable instructions
• Unreasonable standards of dress or personal hygiene.
• Failure to observe Company regulations and procedures.
• Inappropriate posts on social media or within group messages
• Failure to comply with or enforce Health and Safety rules and procedures with employees and
customers
The warning will be confirmed in writing and remain on the employees file for 12 months.
The company is not obliged to go through each stage of warning in every case and reserves the right to
go straight to a Final Written Warning for a first incidence of misconduct if the seriousness of the
misconduct warrants it.
Transfer to any new role would be on the appropriate terms and conditions of that role.
Dismissal
Dismissal is appropriate when
• an employee's behavior is considered to be Gross Misconduct.
• an employee’s misconduct or lack of capability has persisted, exhausting all other lines of
action under the disciplinary procedure.
If the employee has maintained the levels of conduct and performance required over that period, the
warning will be removed from the personnel file and will not be taken into account in subsequent
disciplinary hearings. Whilst the warning remains on file, the company reserves the right to enter the
disciplinary process at any stage, including dismissal, if the employee repeats the misconduct or
performance fails to improve.
Letter of Warning
All Warnings will be issued within 5 working days of the hearing and will contain the followinginformation:
• The nature of the offence and where appropriate, that if further misconduct occurs, moresevere
disciplinary action will be taken.
• The period of time given to the employee for improvement.
• The employees right to appeal
• In the case of a final written warning, reference must be made to the fact that any further
misconduct will lead to dismissal.
A copy of the warning and any supporting documentation will be attached to the individual’s personnel
file. The employee will also receive a copy of the warning.
The letter confirming dismissal will contain the following information:
• The reason for dismissal and any administrative matters arising from the termination of their
employment (e.g., pay and return of property)
• The employees right of appeal and to whom they should make that appeal
Appeals
Every employee has the right to appeal against the outcome of a disciplinary hearing.
Any appeal should be put in writing within 5 working days, to the manager designated in thedisciplinary
outcome letter and should state the full grounds for the appeal.
An appeal hearing will be arranged within 10 working days of the appeal letter. The appeal hearingwill
normally be chaired by a senior manager who was not involved in the disciplinary hearing.
Employees have the right to be represented at an appeal hearing by a workplace colleague orcertified
trade union representative.
The outcome of the appeal hearing will be confirmed in writing. There is no further right of appeal andthe
decision at this stage is final.
GRIEVANCE POLICY AND PROCEDURE
The grievance procedure is in accordance with the ACAS Code of Practice and provides theopportunity
to raise a concern against Oxygen ActivePlay, a fellow employee or about their employment. It is
understandable, that at times, we may unintentionally cause upset or misunderstanding. Therefore, it is
important that we all feel safe to be able to discuss our concerns in a non-threatening way and to work
together to find a solution, as quickly as possible.
If you do not feel able to talk directly to the individual/s involved, you may wish to ask a manager to
facilitate a conversation or request formal mediation.
If your concern is about your manager, then you may wish to speak to another manager.
Following the hearing the manager may need to investigate the grievance. in full and will provide a
written response, offering the right of appeal, and normally within 10 working days of the hearing.
Stage 4 - Appeal
Every employee has the right to appeal against the outcome of a grievance.
Any appeal should be put in writing within 5 working days, to the manager designated in the grievance
response letter and should state the full grounds for the appeal.
An appeal hearing will be arranged within 10 working days of the appeal letter. The appeal hearing will
normally be chaired by a senior manager not involved in the grievance. The outcome of the appeal
hearing will be confirmed in writing. There is no further right of appeal and the decision at thisstage is
final.
We believe that a diverse workforce with people from different backgrounds can bring fresh ideas, thinking
and approaches which improve business performance and allows us to better interact with a diverse
customer base.
We will not tolerate direct, indirect, perceptive or associative discrimination against any person on the
grounds of actual or perceived race, religion, philosophical belief, age, sex, marital status, sexual
orientation, gender reassignment, pregnancy or maternity, disability or secondary issues arising froma
disability.
*Direct discrimination is where an individual is treated less favourably than another person or group (the
comparator), of a different protected characteristic. For example, a woman being treated less favourably
than a male comparator.
*Indirect discrimination is where a policy, decision, rule or act, although applied consistently to all,
disadvantages a particular protected characteristic. For example, holding a compulsory training course in
a venue with no wheelchair access.
*Perceptive discrimination is where an individual is treated less favourably based on a perceived protected
characteristic that may not be correct. The act of discrimination is still unlawful.
*Associative discrimination is where an individual is treated less favourably than another because of their
association with someone in a protected group, for example, because they care for a disabled relative.
It is also the responsibility of all staff in their daily actions, decisions and behaviour to endeavour to promote
these concepts, to comply with all relevant legislation and to ensure that they do not discriminate against
colleagues, customers, suppliers or any other person associated with the organisation. All staff must also
report any acts of discrimination, bullying and harassment that they witness to their line manager. Where
such witnessed acts have been committed by the line manager, employees should report their concerns
to a more senior manager.
Key Actions
In adopting these principles, Oxygen ActivePlay:
1. Will not tolerate acts that breach this policy, and all such breaches or alleged breaches will be
taken seriously, be fully investigated and may result in disciplinary action.
2. Fully recognises its legal obligations under the Equality Act 2010 and relevant codes ofpractice.
3. Will encourage employees to pursue any matter through the grievance procedure where they
believe they have been exposed to inequitable treatment within the scope of this policy.
4. Will ensure that all managers understand and maintain their responsibilities and those of their
team under this policy.
5. Will consider requests for flexible working patterns, wherever operationally feasible, to help
employees to combine a career with their domestic responsibilities.
6. Will provide equal opportunity to all who apply for vacancies.
7. Will select candidates only on the basis of their ability to carry out the job, using a clear and
objective process.
8. Will provide all employees with the training and development that they need to carry out their
job effectively.
9. Will provide all reasonable assistance to employees who are or who become disabled, making
reasonable adjustments wherever possible to provide continued employment. We will ensure an
appropriate risk assessment is carried out and that appropriate specialist advice is obtained when
necessary.
10. Will publicise and make this policy statement available throughout the Company
Dignity at Work
The Company believes that the working environment should at all times be supportive of the dignity and
respect of individuals. If a complaint of direct, indirect or third-party harassment is brought to the attention
of management, it will be investigated promptly, and appropriate action will be taken.
Indirect harassment is conduct that although not directed at an individual, has created a hostile
environment which has had an adverse effect on them.
Sexual harassment is defined as “unwanted conduct of a sexual nature, or other conduct based on sex,
affecting the dignity of women and men at work”. This can include unwelcome physical, verbal or non-
verbal conduct.
People can be subject to harassment on a wide variety of actual or perceived grounds including:
• race, ethnic origin, nationality or skin colour
• sex, sexual orientation or gender reassignment
• religious, philosophical or political beliefs
• willingness to challenge harassment, leading to victimization
• disability, people experiencing limitations related to physical, mental or psychological impairments
or actions arising from these conditions(e.g. spelling mistakes caused by dyslexia).
• status as ex-offenders
• age
• real or suspected infection with a blood borne virus (e.g. AIDS/HIV)
• membership of a trade union or activities associated with membership
You should also keep a written record detailing the incidents of harassment and any requests made tothe
harasser to stop. This written record should be made as soon as possible after the events giving rise to
concern and should include dates, times, places and the circumstances of what happened.
Ultimately, if you are unable to resolve the issue informally, you should submit a written complaint toyour
line manager, or a more senior manager if the complaint is about your line manager, under the Grievance
Procedure.
WHISTLE BLOWING PROCEDURE
Oxygen ActivePlay believes it has a duty to identify wrongdoing and malpractice within the company and
take the appropriate measures to remedy the situation. We encourage a culture of openness and believe
it can help prevent such issues from occurring. This is the aim of this policy.
We want to encourage employees to raise issues which concern them within the workplace. Any
employee who feels worried about reporting such issues should know that they are protected, and no
detrimental action will be taken against them if they raise the concerns in the right way.
As long as an employee is acting in good faith, it does not matter if they are mistaken once the issue has
been looked into. There is no question of them having to prove anything and therefore if there is anything
which an employee believes Oxygen ActivePlay should know about they shoulduse the procedure
outlined in this policy. By knowing about any malpractice as early as possible there is a good chance of
providing protection to all employees and the company as a whole.
Employees who are aware of any malpractice and wrongdoing but choose to not use this procedureare
not protected from any internal disciplinary procedures. Additionally, those who choose to use this
procedure but are then found to have conducted themselves inappropriately may find there is a personal
case to answer based upon their own behaviour. In those situations, this policy does not protect them
from facing any disciplinary action.
In an extreme case of any malicious allegations, this could result in legal action being taken against the
employee who has raised the concern or issue by the employees complained about. This may also lead
to Oxygen ActivePlay taking disciplinary action which may include summary dismissal. Employees have
a statutory right under the Public Interest Disclosure legislation to raise certainissues relating to
Oxygen ActivePlay with someone in confidence, and where the disclosure isdeemed to be in the
public interest, will not be subject to any adverse treatment as a result. “Qualifying disclosures” under
this act are:
• a criminal offence that has been committed, is being committed or is likely to be committed.
• a person has failed, is failing or is likely to fail to comply with any legal obligation to which he
or she is subject.
• a miscarriage of justice has occurred, is occurring or is likely to occur.
• the health and safety of any individual has been, is being or is likely to be endangered.
• the environment has been, is being or is likely to be damaged.
• an individual within the organisation has offered or accepted a bribe.
• an individual is concealing any of the above
Oxygen ActivePlay will treat all disclosures in a confidential and sensitive manner and will do all it can to
maintain confidentiality.
We encourage employees to put their name to any disclosures they make. Concerns raised
anonymously are less credible and we may not be able to take the matter further if we do not get allthe
information we need.
To raise a concern under this policy you must do so in writing to your line manager or a more senior
manager.
REDUNDANCY POLICY
This policy sets out Oxygen Active Plays’ approach to dealing with potential redundancies.
Although the company will always make every effort to avoid redundancies wherever possible, the needs
of the business may dictate the requirement to reduce the overall number of employees or make
organizational changes that result in some employees being made redundant.
Consultation
Consultation will be carried out with individual employees regardless of the number of proposed
redundancies. Where it is proposed or it is the company’s intention that 20 or more redundancies are
required over a 90-day period, arrangements will be made for the election of employee representatives
who will be consulted over the proposals as per our legal obligations. Individual employees will still be
consulted in respect of their own circumstances.
At the end of the consultation period, if we have not been able to redeploy an employee, contractual
notice of redundancy will be given.
Selection Criteria
The criteria used in selecting employees for redundancy will depend on the existing circumstancesand
the particular needs of the business at the time. However, every effort will be made to ensure any criteria
applied are fair and as objective as possible.
Employees and where appropriate their representatives will be consulted on the proposed
selection criteria. This may include a selection matrix based on existing data, or an interview or
other selection methods, for example where new roles are being created.
Once the selection process has taken place the results and individual scores for the employee
will be shared with them and discussed within a one-to-one consultation meeting. The
employee will have the opportunity to understand and challenge their scores. As it constitutes
personal data, the scores of other candidates will not be shared, other than in summary format.
Alternative Work
Every effort will be made to redeploy any employee selected for redundancy to suitable alternative
work, However, we must select the best candidate based on the agreed selection criteria other than
where a candidate is pregnant, on maternity/adoption/shared parental leave, whereby we have a legal
obligation to offer the individual any suitable alternative role that they have the skills and experience
for, ahead of other candidates regardless of the selection criteria.
Termination of Employment
Depending on the circumstances, Oxygen ActivePlay may waive the right to insist on employees
working their notice and instead, where allowed for in the employment contract, dismiss the
employee immediately and give a payment of basic salary only in lieu of notice or place the
employee on garden leave. Whilst on garden leave the employee will receive their normal pay
and benefits, will not need to attend work but should remain contactable during their normal
contractual hours.
Redundancy Pay
Length of Service
Any employee with less than two years’ service on their last day of employment is not entitled to a
statutory redundancy payment
Employees with two or more years’ service will be entitled to statutory redundancy pay. The amount of this
payment will be confirmed if the employee is given notice of redundancy, and the sum will be paid along
with their final salary.
Redundancy Appeal
All redundant employees have the right to appeal the decision to make them redundant and will be
informed of that right, and how to register an appeal, within their outcome letter.
DATA PROTECTION POLICY
Aim and Scope of Policy
This policy applies to the processing of personal data in manual and electronic records kept by the
organization in connection with your employment. It also covers our response to any data breach and
other rights under the General Data Protection Regulations.
This policy applies to the personal data of job applicants, existing and former employees, apprentices,
volunteers, placement students, workers and self-employed contractors. These are referred to in this
policy as relevant individuals.
Glossary
“Personal data” is information that relates to an identifiable person who can be directly or indirectly
identified from that information, for example, a person’s name, identification number, location, online
identifier. It can also include pseudonymized data.
“Special categories of personal data” is data which relates to an individual’s health, sex life, sexual
orientation, race, ethnic origin, political opinion, religion or trade union membership. It also includes
genetic and biometric data (where used for ID purposes).
“Criminal offence data” is data which relates to an individual’s criminal convictions and offences.
“Data processing” is any operation or set of operations which is performed on personal data or on sets
of personal data, whether or not by automated means, such as collection, recording, organization,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure bytransmission,
dissemination or otherwise making available, alignment or combination, restriction, erasure or
destruction.
Our Commitment
We commit to ensuring that personal data, including special categories of personal data and criminal
offence data (where appropriate) is processed in line with GDPR and domestic laws and all our
employees conduct themselves in line with this, and other related, policies. Where third parties process
data on our behalf, we will ensure that the third party takes such measures in order to maintain our
commitment to protecting data. In line with GDPR, we understand that we are accountable for the
processing, management and regulation, and storage and retention of all personaldata held in the form
of manual records and on computers.
You should refer to the privacy notice that has been issued to you for more information on the
reasons for our processing activities, the lawful bases we rely on for data processing and data
retention periods. A copy of our employee privacy notice will be sent to each employee.
Data Protection Principles
All employee personal data obtained and held by us will:
In addition, personal data will be processed in recognition of an individuals’ data protection rights, as
follows:
• the right to be informed
• the right of access
• the right for any inaccuracies to be corrected (rectification)
• the right to have information deleted (erasure)
• the right to restrict the processing of the data
• the right to portability
• the right to object to the inclusion of any information
• the right to regulate any automated decision-making and profiling of personal data.
Procedures
We have taken the following steps to protect the personal data of relevant individuals, which we hold
or to which we have access:
• we provide information to our employees on their data protection rights, how we use personal
data, and how we protect it. This information includes the actions relevant individuals can take
if they think that their data has been compromised in any way
• we provide our employees with information to make them aware of the importance of
protecting personal data, to teach them how to do this, and to understand how to treat
information confidentially
• we can account for all personal data we hold, where it comes from, who it is shared with and
also who it might be shared with
• we carry out risk assessments as part of our normal activities to identify any vulnerabilities in
the handling and processing of personal data, and to take measures to reduce the risks of
mishandling and potential breaches of data security. The procedure includes an assessment
of the impact of both use and potential misuse of personal data in and by the organization.
• we recognize the importance of seeking individuals’ consent for obtaining, recording, using,
sharing, storing and retaining some types of personal data, and regularly review our
procedures for doing so, including the audit trails that are needed and are followed for all
consent decisions. We understand that any consent must be freely given, specific, informed
and unambiguous. We will seek consent on a specific and individual basis where appropriate.
Full information will be given regarding the activities about which consent is sought. Relevant
individuals have the absolute and unimpeded right to withdraw that consent at any time
• we have the appropriate mechanisms for detecting, reporting and investigating suspected or
actual personal data breaches, including security breaches. We are aware of our duty to
report significant breaches that cause significant harm to the affected individuals to the
Information Commissioner, and we are aware of the possible consequences of non-
compliance.
• we are aware of the implications of the transfer of personal data internationally.
Access to Data
Relevant individuals have a right to be informed whether we process personal data relating to them
and to access the data that we hold about them. Requests for access to this data will be dealt with
under the following summary guidelines:
• The request should be made in writing to your line manager.
• we will not charge for the supply of data unless the request is manifestly unfounded,
excessive or repetitive, or unless a request is made for duplicate copies to be provided to
parties other than the employee making the request.
• we will respond to a request without delay. Access to data will be provided, subject to legally
permitted exemptions, within one month. This may be extended by a further two months
where requests are complex or numerous.
Relevant individuals must inform us immediately if they believe that the data is inaccurate, either as a
result of a subject access request or otherwise. We will take immediate steps to correct the
information.
For further information on making a subject access request, you should contact your line manager in
the first instance.
Data Disclosures
We may be required to disclose certain data to a 3rd party. The circumstances leading to such
disclosures include:
• where we have outsourced the provision of employee benefits to an external provider
• where we have outsourced our HR Services to an external provider.
• sharing health data when we are obtaining advice as to whether a disabled individual requires
reasonable adjustments to be made to the working environment. For example, disclosing
information about a disability to an occupational health advisor.
• sharing health data to comply with health and safety or occupational health obligations
towards the employee
• sharing sickness data with an external payroll provider for Statutory Sick Pay purposes
• sharing health data within our HR function to consider how an individual’s health affects his or
her ability to do their job
• sharing data with external providers to ensure the smooth operation of any employee
insurance policies or pension plans.
Data security
We adopt procedures to maintain the security of data when it is stored and [Link] addition,
employees must:
• ensure that all files or written information of a confidential nature are stored in a securemanner
and are only accessed by people who have a need and a right to access them
• ensure that all files or written information of a confidential nature are not left where they canbe
read by unauthorised people
• check regularly on the accuracy of data being entered into computers
• always use the passwords provided to access the computer system and not share passwords
with people who should not have them
• use computer screen blanking to ensure that personal data is not left on screen when not inuse.
Personal data relating to employees should not be kept or transported on laptops, USB sticks, or similar
devices, unless authorised by your line manager. Where personal data is held on any suchdevice it
should be protected by:
• ensuring that it is held on such devices only where absolutely necessary
• using an encrypted system. A folder should be created to store the files that need extra
protection and all files created or moved to this folder should be automatically encrypted
• ensuring that laptops or USB drives are not left lying around where they can be stolen.
Failure to follow these rules on data security may lead to disciplinary action including dismissal with or
without notice dependent on the severity of the failure.
Individuals will be informed directly in the event that the breach is likely to result in a high risk to the
rights and freedoms of that individual.
If the breach is sufficient to warrant notification to the public, we will do so without undue delay.