Chatterbox Media Limited (“Chatterbox” “Company”) includes any individual subsidiary companies of Chatterbox Media Limited.

This policy applies to employees only, and is not applicable to freelancers, production crew, contractors, subcontractors, consultants, business partners and any other parties associated with or hired by us.

Introduction

The Company understands that employees may need to be absent from work from time to time due to sickness. This policy covers employees and their line managers in handling time off from work where the reason for absence is sickness. Sickness absence needs to be managed so that an acceptable level of attendance can be achieved, and any problems resolved.

This policy also outlines the process to be taken when an employee is incapable of carrying out their job role due to a long-term illness or a disability, the outcome of which could be a transfer to another position or a dismissal on the grounds of capability.

In addition, this policy sets out the procedure for other absences/leave, such as, compassionate and dependant leave.

Sickness Absence

“Sickness” is defined as an incapacity to carry out the duties and responsibilities which the employee is contractually obliged to do because of their illness or accident and resulting incapacity to work.

This policy therefore applies to absence caused by personal illness or accident, not to the need to take time off work because of the illness or accident of others, e.g., children or partners.

Please note

Any employee who fails to comply with notification or certification procedures contained within this policy, or otherwise abuses the Company’s rules on sickness absence, should know that the matter will be dealt with under the disciplinary procedure.

Procedure

Notification

If employees are unable to attend work due to sickness absence, they must notify Lucy Stylianou, Head of Production as early as possible on the first day of the absence. They will need to explain why they are unable to attend and indicate when they will likely be able to return to work.

If you are absent due to illness, please refrain from working/checking emails, as this may affect your eligibility for Statutory Sickness Payments.

Certification

Absences should be certified via a fit note from a GP, or other relevant clinician, such as a nurse, occupational therapist, pharmacist, or physiotherapist working a general practice or hospital setting. However, if the employee is absent for seven calendar days or less in each instance, the employee may instead self-certify their absence.

For absences of seven consecutive calendar days or less, upon their return to work, a self-certification form should be completed and passed to the employee’s line manager.

For absences of eight days or more, a fit note is required. Fit notes are issued by a medical professional working in a general practice or hospital setting and should be passed to their line manager upon their return to work, or sent on as soon as they are received, by post / electronically for absences lasting over 2 weeks/one month. The fit note should cover each day of absence and, if multiple fit notes are issued, they should be posted to the employee’s line manager with a brief explanation of their absence, the condition and, if known, their expected return to work date or next medical appointment.

Failure to follow the certification process outlined above may be considered misconduct and may be dealt with under the Company’s disciplinary process. SSP (statutory sick pay) may be withheld during this time.

Return to work

On return to work, the employee should report to their line manager before they begin work. They will ask about the illness and recovery. They will also ask the employee to complete a self-certificate for the first seven days of illness. They need to countersign the self-certification form if the employee is to receive any sick pay for which they may be eligible. No matter how short the period of sickness, it must be covered by a self-certificate and/or doctor’s certificate.

Please note: the seven days includes those days on which the employee does not normally work, e.g. weekends and public holidays.

The employee’s sickness absence will be marked on the employee’s personnel record.

Fit notes

A fit note may make a recommendation for temporary changes to be made to the employee’s working environment or conditions to facilitate a return to work.

Where a fit note is marked as “may be fit for work”, the note usually sets out the possible alternations or amendments that could be made to the employee’s working practices to facilitate their fitness for work. Examples of the options available are:

· phased return to work

· amended duties

· altered hours

· workplace adaptations.

If the employee’s doctor provides a certificate stating that the employee “may be fit for work” the employee should inform Lucy Stylianou, Head of Production. The Company shall discuss with the employee whether there are any additional measures that may be needed to facilitate the employee’s return to work, taking into account the doctor’s advice. If appropriate measures cannot be taken, the employee will remain on sick leave and the Company will set a date to review the situation.

Adjustments to the employee’s work

The Company will send a letter confirming the discussion and any agreed adjustments that will be put in place, how long they are expected to last for, and set a date for a review of the measures. The changes should be temporary and should not be considered permanent changes to the terms and conditions, unless otherwise agreed.

A review will be arranged before the end of the adjustment period to assess their continued suitability against the employee’s medical needs, and the needs of the business. It may be that any adjustments are continued, amended, or stopped. A discussion will take place with the employee to confirm this.

Phased return

Should a phased return be recommended by a medical professional, or if the Company deems it to be appropriate to help the employee settle back into work, this will be discussed with the employee. A plan will be put in place as to how the return will be managed, and review dates will be set with a view to building the employee back to their full duties and hours.

The Company will confirm in writing the employee’s return to work plan. This should not be seen as a change to the employee’s terms and conditions, and it may be subject to change depending on the employee’s medical needs or the needs of the business.

Medical examination

Occupational health

If the Company has cause to be concerned about the employee’s health, e.g., the employee has had a number of periods of sickness absence for the same reason in a short period, or the employee’s absence has become long term (4 weeks or more) then the employee’s line manager may suggest that the employee undertake an assessment with the Company’s preferred medical provider.

In certain circumstances, especially if the employee’s sickness absence may impact on the employee’s long-term employment, then the Company may ask the employee to consult a medical practitioner of its choice, to have the employee’s fitness to work arrangements assessed and confirmed.

Should the Company seek further medical information, the employee will be provided with detailed information relating to the report, and the employee’s access to it, and the employee will be asked to provide written consent.

Access to medical reports

The Company may need to request a copy of the employee’s medical reports or medical records to assist in the assessment of the employee’s medical condition. The employee’s consent, in line with requirements under the Access to Medical Reports Act 1988, will be obtained prior to the Company making contact with the employee’s GP and the employee is entitled to see a copy of the documentation provided. In line with data protection legislation, the employee will also be given details on the reason for the examination, what the Company intends to do with the data obtained and the lawful basis for processing the data.

Should medical information be obtained by either route, the Company will meet with the employee to discuss it. There may be changes required to the employee’s work or the Company’s processes as a result of the medical information obtained, in which case this will be discussed and agreed with

the employee where business requirements allow. Any outcomes will subsequently be provided to the employee in writing.

Long-term sickness

While the Company is keen to assist employees who are absent, it cannot offer indefinite support. The Company will be eager to get any employees on long-term sickness absence back into the workplace as effectively as possible, but the employment may need to be terminated if this cannot be achieved. Once the employee has exhausted their 28-week entitlement to statutory sick pay, or before, the employee’s manager or Lisa Balderson, HR Consultant will discuss with the employee their likely return to work date and what work duties they may be able to fulfil. If necessary, the Company will ask the employee’s permission to approach their doctor or ask them to consult with a medical practitioner of the Company’s choosing, in order to determine the likely length of the absence and identify any reasonable adjustments. If it appears that a return to work in the near future is not reasonably practicable, the Company will discuss the situation with the employee, and it is possible that the employee’s employment may be terminated under medical grounds.

If there are regular or persistent absences due to illness, injury etc, the Company is unlikely to be able to support this indefinitely, after making reasonable adjustments. Ultimately, employment may be terminated after full compliance with the Company’s termination procedures in these circumstances. See the dismissal section below for more information.

Should this happen, the employee will receive pay in lieu of the employee’s contractual or statutory notice period, whichever is longer, and any outstanding holiday pay. The employee may appeal against the decision to dismiss. Any appeal should be made in writing to Lucy Stylianou, Head of Production within five working days. The employee has the right to be accompanied to the appeal hearing.

Updates during sickness

The employee is expected to keep their line manager updated with details of their health and expected date of returning to work.

Line managers will arrange periodic meetings with the employee to discuss their ongoing absence, so that each side is kept up to date with developments.

The location of these meetings will usually be at the employee’s usual place of work but, if a virtual meeting or home visit is necessary due to the nature of the employee’s absence, this can be accommodated.

Disability

The Company has a duty to make reasonable adjustments where an employee has a disability covered by the Equality Act 2010.

If the absence is because of a disability or the illness leaves the employee in a mental or physical condition which falls within the definition of a disability, the Company will do whatever it can to

make reasonable adjustments to their job to enable them to carry on working. If effective adjustments cannot be made, dismissal may have to take place.

The duty to make the adjustments is ‘reasonable’ so if the suggested adjustment is not viable it will not be made. It may also be the case that no reasonable adjustments are possible to facilitate a return. There may be no alternative roles or employment available and if there is no prospect of the employee being able to return to work in the near future, it may be inevitable that a decision to dismiss is the last and only option.

The duty to make reasonable adjustments covers elements, such as making changes and adjustments to working hours, adjusting existing equipment, provision of different equipment and amending workplace practices, if the employee is placed at a substantial disadvantage. It may also involve physical changes, such as to the building entrance points, or alterations to the floor plan, furniture etc.

The employee will be consulted fully on these.

Ill-health retirement

In certain cases it may be more beneficial for the employee to take the ill-health retirement provisions in the Company’s pension scheme. Lisa Balderson, HR Consultant can be contacted to discuss this in more detail.

Ill-health dismissal

This process would be considered if the employee is unable to carry out their current duties and there are no suitable alternative roles identified within the Company.

Prior to considering dismissal, the Company will:

· discuss the process with the employee

· obtain medical opinion

· consider any adaptations that can be made to their current role in line with the requirement to make reasonable adjustments under the Equality Act

· consider any other suitable roles in the Company.

Dismissal meeting

A formal invite letter will be sent to the employee inviting them to attend a dismissal meeting, informing them that a possible outcome of this meeting is a dismissal based on capability. The employee has the right to be accompanied at the meeting by a trade union official or a colleague.

At the meeting, the line manager will:

· discuss the reasons for the employee’s absence

· review the process so far in terms of support offered to allow the employee to continue in the role

· offer the employee the opportunity to raise any concerns with the process, provide evidence or make representations

· discuss the lack of availability of alternative roles

· ensure detailed notes are taken in the meeting.

If any new information comes to light in this meeting, the meeting will be adjourned to allow a full consideration of this information. The meeting will then be reconvened to inform the employee ofthe decision. Where a decision to dismiss is reached, this will be confirmed to the employee in writing.

Employees have the right to appeal against any dismissal decision. Further details on this right are set out in the Company’s disciplinary and dismissal appeals procedure.

Payment arrangements and insurance

Statutory sick pay (SSP)

All employees have a right to statutory sick pay (SSP) as long as they earn more than the lower earnings level (Lisa Balderson, HR Consultant can confirm the current rate). SSP is not payable for the first three qualifying days of absence. (A qualifying day is a day on which the employee is normally expected to work under the employee’s contract of employment.)

There is a limit of 28 weeks SSP in any one period of sickness or linked periods. (Periods of sickness are said to be linked if the second period starts within eight weeks of the end of the first period.)

SSP payments are made subject to tax and national insurance deductions.

Pre-booked annual leave and sickness

Should an employee fall sick during a pre-booked period of annual leave, then they may ask for the annual leave period to be re-arranged. Should this arise, the employee will need to provide some form of medical proof of their sickness, such as a fit note. Where the annual leave is re-arranged, the original period will be treated as sick leave and be paid in accordance with the sick pay entitlements. Should this sickness absence lead to absence levels triggering the next stage in the above-mentioned procedure, then it will be dealt with accordingly.

Unpaid sickness

Employees who are not eligible for SSP or for payments under the Company sick pay scheme will take that period of sickness as unpaid. No variable payments such as commission or bonuses may be paid and no basic pay shall be made. This applies to self-employed workers, contractors, consultants, and any third parties hired by the Company.

Employee’s annual leave entitlement will only accrue at their statutory entitlement under the Working Time Regulations 1998, i.e. pro rata up to a total of 28 days per annum. This includes public holidays.

Absences for reasons other than sickness

Long term absences for reasons other than sickness, such as career breaks or time off for long distance travel, will be considered by line managers at the request of an employee. The request will be considered in line with business needs and operational requirements prior to being authorised.

Compassionate Leave

In the event of the death of a partner, parent, child, grandparent, sibling or stepchild/parent, there will be an entitlement of two days’ compassionate leave that an employee can take which will be on full pay. Employees are entitled to this from the first day of their employment.

Where an employee experiences the loss of a child under the age of 18 from 6 April 2020, they will be entitled to take two weeks’ parental bereavement leave. The first two days will be paid at full pay, with the remainder paid at the rate of statutory parental bereavement pay subject to the employee meeting eligibility requirements. Lisa Balderson, HR Consultant can provide further information.

Parental Leave

Parental leave is available to eligible employees who wish to take time off work to spend with their child, for example, to accompany the child during a planned stay in hospital, or to go on holiday with the child.

Statutory parental leave is unpaid leave.

Entitlement

You must meet certain eligibility criteria in order to take statutory parental leave, as follows:

· you must have at least one year’s continuous employment with the Company counted from the date that parental leave would start

· you have or expect to have parental responsibility for the child

· your child is under 18 years of age

· you take the leave before your child’s 18th birthday

· you provide the Company with evidence of eligibility when requested.

The following evidence may be requested from you in order to assess your eligibility for parental leave:

· that you have or expect to have parental responsibility for the child in relation to whom leave will be taken

· the child’s date of birth (in respect of natural parents)

· the date of adoption placement (in respect of adoptive parents)

· the child’s entitlement to Disability Living Allowance (if appropriate) to permit you to take leave in in blocks of one day rather than one week.

Length of Leave

Eligible employees will be entitled to take a total of 18 weeks’ leave in relation to each child until the child is 18 years of age. No more than four weeks can be taken in relation to each child in one year.

A year is defined as a period of 12 months beginning on the date on which the employee first, or more recently, became entitled to take parental leave in respect of the child in question and each successive period of 12 months beginning on the anniversary of that date.

Save for in relation to a disabled child in which case leave may be taken in blocks of one day, part of a week counts as a week so that if a full time employee takes three days’ parental leave and then returns to work, one week is taken away from the 18 weeks.

Procedure

You must give a minimum notice period of 21 days before the leave is due to start and you must give notice of the exact day on which you wish leave to start and end. In the case of fathers who want to take parental leave straight after a baby is born, or prospective adoptive parents who want to take parental leave straight after a child is placed with them for adoption, 21 days’ notice of the expected week of childbirth or the expected week of adoption must be given.

When the Company receives notice of intention to take parental leave, we may ask for evidence of eligibility as set out above.

The Company reserves the right to postpone a period of parental leave if we believe the operation of the business will be unduly disrupted by the employee’s absence. Leave will not be postponed where it is to be taken on the birth or a child or on the placement of a child for adoption. Where leave is to be postponed, we will discuss the reasons for the postponement with you and confirm in writing the newly agreed dates of leave. Leave will not be postponed for a period longer than six months from the start date of the leave originally requested.

Before taking parental leave

Shortly after we have received a notification from you that you wish to take parental leave, a meeting will be arranged between you and [insert job title of person]. The purpose of this meeting is to discuss:

· your entitlement to parental leave

· the requirements to give appropriate notice

· arrangements to cover your duties in your absence

· your right to return to work

· opportunities for flexible working

· the nature of any appropriate contact during parental leave

· the fact that parental leave is unpaid.

During parental leave

Your normal terms and conditions will apply during parental leave except for in relation to pay. Specifically:

· your implied obligation of good faith

· notice periods for termination of employment

· disclosure of confidential information

· acceptance of gifts

· whether you are participating in any other business

· disciplinary and grievance procedures

· redundancy pay.

We will make arrangements for your duties to be covered for the duration of your leave. We would like to be able to keep you up to date with any developments at work that may affect you or any social events that occur.

Returning to work

Employees returning after an isolated period of parental leave lasting four weeks or less, or after a period of parental leave lasting four weeks or less which consecutively followed another period of statutory leave which did not include any period of additional maternity leave, or additional adoption leave, are entitled to return to the job in which he/she was employed before the absence.

Employees returning to work after a period of parental leave lasting more than four weeks, or after a period of parental leave lasting four weeks or less, which did consecutively follow a period of additional maternity leave or additional adoption leave, are entitled to return from leave to the job in which he/she was employed before the absence or, if that is not reasonably practicable, to another job which is both suitable and appropriate for him/her in the circumstances.

Return to the same job will mean that seniority, pension rights and similar rights are not affected. Terms and conditions will not less favourable than those which would have been applied if you had not been absent.

Unauthorised absences will be dealt with via the Company’s disciplinary procedure.

Protecting the employee’s data

All personal data obtained during sickness absence procedures will be handled with the utmost integrity and confidentiality and in line with our data protection policy.

Obtaining further information

If you require any further information or need to clarify any details contained in this policy, please contact the Lisa Balderson, HR Consultant.