Last updated July 2024
Employee Handbook
Contents
Contents Page
Our values at the FCA ........................................................................................................ 4
About this handbook.......................................................................................................... 5
SECTION 1 - NON CONTRACTUAL POLICIES ......................................................................... 6
1.1 Conflict of Interests .................................................................................................... 6
1.2 Circumstances affecting employment .......................................................................... 15
1.3 Information and systems acceptable use policy ............................................................ 16
1.4 Employee privacy notice............................................................................................ 26
1.5 Security and vetting ................................................................................................. 26
1.6 Anti-money laundering and prevention of terrorist financing .......................................... 27
1.7 Media, photography, speeches and publications ........................................................... 27
1.8 Social media ............................................................................................................ 28
1.9 Whistleblowing policy................................................................................................ 29
1.10 Monitoring............................................................................................................... 33
1.11 Indemnity policy ...................................................................................................... 33
1.12 References policy ..................................................................................................... 34
1.13 Travel and expenses policy ........................................................................................ 35
1.14 Environmental policy ................................................................................................ 35
1.15 Dress code .............................................................................................................. 36
1.16 Weekly timecards..................................................................................................... 36
1.17 Ordering goods and services...................................................................................... 36
1.18 Personal mail ........................................................................................................... 36
2. DEVELOPING YOU .................................................................................................... 37
2.1 Probation ................................................................................................................ 37
2.2 Performance and career development (PCD)................................................................ 37
2.3 Learning and development ........................................................................................ 38
2.4 Time off for public duties........................................................................................... 39
3. REWARDING YOU ..................................................................................................... 40
3.1 Salary and benefits policy.......................................................................................... 40
3.2 Overtime policy........................................................................................................ 41
3.3 Out of hours working policy ....................................................................................... 42
4. SUPPORTING YOU .................................................................................................... 43
4.1 Corporate responsibility and diversity and inclusion ...................................................... 43
4.2 Equal opportunities and respect at work...................................................................... 44
4.3 Trans inclusion policy................................................................................................ 46
4.4 Equality complaints procedure ................................................................................... 47
4.5 Grievance procedure................................................................................................. 50
4.6 Disciplinary procedure............................................................................................... 52
4.7 Performance management procedure.......................................................................... 57
4.8 Redundancy policy.................................................................................................... 61
4.9 Parents and carers ................................................................................................... 62
4.9.1 Maternity policy ................................................................................................. 62
4.9.2 Paternity leave policy.......................................................................................... 67
4.9.3 Adoption and surrogacy policy ............................................................................. 69
4.9.4 Shared parental leave......................................................................................... 73
4.9.5 Parental leave policy........................................................................................... 81
4.10 Domestic abuse policy .............................................................................................. 83
4.11 Further support........................................................................................................ 84
5. WORK LIFE BALANCE ................................................................................................ 85
5.1 Annual Leave policy .................................................................................................. 85
5.2 Time off for personal circumstances policy................................................................... 87
5.3 Hybrid working policy ..............................................................................................877
5.4 Flexible working policy .............................................................................................. 89
5.5 Flexitime policy ........................................................................................................ 92
5.6 Career leave policy ................................................................................................... 93
5.7 International Working Policy ...................................................................................... 96
6. HEALTH AND WELLBEING .......................................................................................... 97
6.1 Sickness absence policy ............................................................................................ 97
6.2 Menopause policy………………………………………………………………………………………….…………………………101
6.3 No smoking and vaping policy...................................................................................102
6.4 Drug and alcohol policy ............................................................................................103
6.4 Eye tests ................................................................................................................103
6.6 Fertility treatment ...................................................................................................104
6.7 Medical and dental appointments ..............................................................................104
6.8 Stress at work policy ...............................................................................................104
6.9 Travel health policy .................................................................................................105
6.10 Health and safety policy ...........................................................................................107
SECTION 2 - CONTRACTUAL TERMS .................................................................................107
1. General Statement of Terms and Conditions of Employment .........................................107
4
Our values at the FCA
Our values support our Mission and reflect what’s important to us.
We serve the public and our decisions directly affect the wellbeing of people, businesses and the UK
economy. So our values matter. They represent the culture we aspire to every day, guiding our
judgements, building trust and helping us to be at our best.
The FCA expects, that as an employee, you role model and uphold each value in everything you do
- in delivering your work, your relationships with colleagues, and how you represent the FCA
externally.
There is more detail and guidance about our values on the Intranet.
The Payment Systems Regulator has its own statement of values which FCA employees working for
the PSR should refer to.
5
About this handbook
This handbook is divided into 2 sections.
Section 1 of the handbook sets out the main policies and procedures that you will need to know while
working at the FCA. The policies and procedures in this section apply to all FCA employees, including
those working for the Payment Systems Regulator (the ‘PSR’ is an independent economic regulator,
which is a subsidiary of the FCA), and do not form part of the terms of your contract with us.
Some policies in section 1 apply both to employees and to everyone else who works at the FCA
including contractors, consultants, agency workers and interns. These policies are the:
• Information and systems acceptable use policy
• Security and vetting policy
• Whistleblowing policy
• Equal opportunities and respect at work policy
• Trans inclusion policy
• Domestic abuse policy
• No smoking and vaping policy
• Health and safety policy
We reserve the right to make changes to policies and procedures, or to withdraw or replace them,
from time to time. When we do this, we will discuss any changes with the Staff Consultative
Committee as appropriate, and tell you about any changes via the Intranet.
Please take the time to read and understand this handbook, and ensure you are familiar with and
comply with its policies and procedures. If you have any questions about these or what you have to
do to comply with them please speak to your line manager and/or the HR Helpline.
All managers have a specific responsibility to operate according to the provisions in this handbook,
ensure that employees understand the standards of behaviour we expect of them, and take action
when behaviour falls below these standards. Managers have a specific responsibility to lead by
example. They should also ensure that those they manage adhere to our policies and procedures and
promote our aims and objectives with regard to equal opportunities and our values.
Section 2 contains a General Statement of Terms and Conditions (the “General Statement”) which
is contractual.
The General Statement applies to all FCA employees, including those working for the PSR (employees
working for the PSR have FCA contractual terms).
The General Statement includes some contractual terms from the previous edition of the handbook.
No new terms have been added and no changes have been made to these terms. Employees who
have joined the FCA at different times have different versions of the Personal Statement. Newer
versions of the Personal Statement contain provisions which deal with the matters covered in the
General Statement.
If there are any inconsistencies between your Personal Statement and the General Statement, the
terms of your Personal Statement take precedence. However, if there is an inconsistency or conflict
because a term or condition is missing from your Personal Statement, then the relevant term or
condition in the General Statement will apply.
6
SECTION 1 - NON CONTRACTUAL POLICIES
1. PROTECTING YOU, THE FCA AND THE FIRMS WE REGULATE
Our values Deliver in the Public Interest and Act with Integrity
are about holding ourselves and others accountable to the highest
standards of ethical behaviour. This means approaching difficult
situations with an open mind, speaking openly, and raising concerns,
even when it is difficult. We also place great importance on clarity,
honesty and transparency, both when setting expectations and in
communicating decisions. The policies in this section – many of which
set expectations for the standards of conduct and behaviour at the FCA
– are underpinned by these values.
1.1 Conflict of Interests
This policy sets out the FCA and PSR’s approach to managing Conflict of Interests for
our employees, and details what action you need to take to ensure you comply. This
policy applies in full to all those colleagues working in the FCA and PSR, whether as a
permanent employee, contractor (on a fixed term contract), agency worker or as a
secondee (if you are in a role at SLT level).
It also acts as a reference for Third Party Contingent Workers and all other secondees,
as to the FCA and PSR’s expectations on staff. Line managers of Third Party Contingent
Workers and secondees need to consider how to ensure these obligations are fulfilled,
ensuring accurate records are maintained. The Line Managers Guide
gives more detail
on how to fulfil this requirement.
1.1.1
What is a Conflict of Interest?
1.1.1.1
A potential Conflict of Interest arises when it could be perceived
that your actions could be influenced due to your relationships,
your access to information, or your personal financial position.
The overall principles of this policy are that you should:
(i)
Always act with honesty and integrity;
(ii)
Be open about the relationships and personal interests that could be seen
as influencing your independent judgment;
(iii)
Always alert your manager to any actual or perceived conflict of interests
and agree with them how they should be managed. Declarations should be
made on appointment, as and when they arise throughout the year, when
you change role (especially if there are specific requirement and during the
annual attestation process;
(iv)
Not seek to make a profit, avoid a loss or seek any other form of
advantage for yourself or others by making personal use of information
acquired during your duties;
(v)
Ensure you do not leave yourself open to (or perceived to be open to)
improper influence through the acceptance of gifts and hospitality, or
otherwise;
(vi)
Not undertake transactions that, by their nature or purpose, could be
perceived as inappropriate.
1.1.2
Why is it important to manage actual or potential Conflict of Interests?
Integrity is a principle of public life and is one of our core values. Our
reputation for impartiality and independence is vital to our effectiveness
and the public interest. We must be objective in our decision-making, and
our personal interests should never influence our decisions at work. We
must be able to publicly defend the actions of those who work for us in
relation to this Policy to prevent reputational damage.
7
1.1.3
What are my obligations under this policy?
1.1.3.1
There are four potential steps that you are required to take
under this policy:
•
Make disclosures
•
Obtain permission when necessary
•
Refrain from an action altogether (prohibited actions)
•
Check whether any action is required.
1.1.3.2
On appointment, you will be required to complete a full review of actual or
perceived Conflicts of Interest.
1.1.3.3
On an ongoing basis you are required to update that disclosure as and when
changes arise, for example if you need to seek permission to deal or your
relationship information changes. Once a year you will be asked to formally
attest that your declaration is up to date.
1.1.3.4
Upon resignation from the FCA or PSR, you and your line manager are
required to hold discussions to assess whether there are any actual or
perceived conflict of interests risks with the work to be undertaken, and/or
role of the new organisation. Consideration should be given to any decisions
to be made, knowledge to be gained or access to relevant information
during the duration of your notice period. Leavers are required to fill out the
Leavers COI Assessment Form within the Conflict of Interests Portal. It is
the line manager’s responsibility to ensure the relevant controls are put in
place to mitigate any actual or perceived conflicts during the notice period.
1.1.3.5
Every activity relating to Conflict of Interests must be recorded within the
Conflict of Interests Portal. This information is confidential between you,
your manager and those with a “need to know” including the Conflict of
Interests team and the Control Room.
1.1.3.6
If you have any questions pertaining to an actual or perceived conflict
please contact the Conflict of Interests team in the first instance via
ConflictofInterests@fca.org.uk.
1.1.4
What must managers do?
1.1.4.1
Managers are required to:
(i)
know and understand this Policy and speak to the Conflict of Interests
team if you need clarification or advice, as well as escalate any issues you
consider appropriate.
(ii)
hold regular conversations with employees who report to you to discuss
their personal relationships, financial relationships or financial matters in
order to identify any potential conflict of interests risks. This includes Third
Party Contingent Workers and secondees.
(iii)
ensure that employees who report to you are accurately recording any
discussions regarding the identification and management of any conflict of
interests risks on the Decisions Log of the Conflict of Interests Portal.
(iv)
review approval requests for financial transactions from direct reports and
assess them for any potential conflict of interests risks prior to deciding
whether or not to approve the request. Managers are responsible for
granting permissions under this policy.
(v)
ensuring the required controls are put in place to manage actual or
perceived Conflict of Interest for leavers during their notice period.
1.1.5
Who are the Conflicts of Interest team?
1.1.5.1
The Ethics Officer (Company Secretary), as the Policy owner, is responsible
8
for:
(i)
setting organisational standards and expectations for managing conflict of
interests
(ii)
providing clear policies and processes and supporting their implementation
(iii)
providing tools for the organisation (e.g., training and awareness
materials) to make compliance transparent and roles clear
(iv)
providing support for all aspects of conflicts, including on appointment and
change of role, at the time of annual declarations/attestations and on an
ongoing basis
(v)
working with the COO and Risk, as required, on any potential concerns
about bribery under this Policy
(vi)
monitoring the application of the Policy, including:
a. receiving reports on declared gifts and hospitality and requesting reports on
gifts and hospitality to assure that employees are complying with the Policy
b. receiving reports on requests to deal in shares, and copies of specific
requests that have been escalated due to their sensitivity
c. reporting on declarations of interests and relevant attestations to local
management, the Executive Committee, the Audit Committee and the PSR
Senior Leader Team
d. being consulted where there is a significant risk associated with an actual or
perceived conflict of interest, which may impact public confidence. Situations
may include, but are not limited to, concerns of bribery and corruption,
relationships, and objectivity, ethical and conduct violations, and any
situation where those involved may have acted hypocritically.
1.1.5.2
The Ethics Officer may be assisted in all of these responsibilities by a Deputy
Ethics Officer and other colleagues (the “Conflict of Interests team”). The
Ethics Officer may delegate actions and approvals under this policy to the
Deputy Ethics Officer.
1.1.6
How will breaches of this policy be handled?
1.1.6.1
You are required to comply with this Policy. Breaches may ultimately result
in disciplinary action or dismissal.
1.1.6.2
Any identified incidents of breaches should be reported to the
Conflict of Interests team and escalated to the Ethics Officer. The
severity will be assessed, and further action will be considered on
a case-by-case basis. This may include further escalation, working
with HR as required.
1.1.6.3
Breaches include:
• Failure to fully comply with Annual Attestation
• Failure to comply with disclosure requirements
• Failure to comply with the Investment Dealing process
• Failure to comply with Gift and Hospitality requirements
• Failure to otherwise comply with the Policy
1.1.6.4
Compliance with the Annual Attestation process is monitored by the Conflict
of Interests team, and periodic audits are undertaken on compliance with
dealing permission requests. The Conflict of Interests team maintains
breaches log and a gifts/hospitality log.
1.1.6.5
Staff should note that guidelines for trading are subject to change and can
be revised during the year. When this happens, the FAQ document will be
updated with any additional guidelines and adopted into the policy the
following year.
1.1.7
How do I know if something requires any action?
1.1.7.1
This Policy is not exhaustive, and you must make a judgement as to
whether something requires disclosure. Further details on conflict of
9
interests management are included within the separate Frequently Asked
Questions (CoI FAQs). You should refer to the CoI in conjunction with the
Policy. If you are still in doubt, you can contact the Conflict of Interests
team for further guidance.
1.1.8
What do I need to disclose?
Any post, other employment or fiduciary positions that you hold, or have held in
the past five years, with a Relevant Organisation, or an organisation that, to the
best of your knowledge, has a current or potential contractual relationship with
the FCA/PSR, or an organisation or role within the FCA/PSR. This includes paid
• For any ongoing external positions, including running or campaigning for
an elected public office, please ensure you have obtained the relevant
Any Close Family Member
1
, and any other individual or organisation with whom
regulated firm, listed firm, firm with listed securities, firm regulated for
financial promotions provisions, firm listed as an Appointed
Representative, firm registered under the AML regime or a firm that is
operator (cards and interbank), payment-service provider or
where in its ordinary course of business activity involves regularly
commenting on FCA/PSR-related matters in the public domain (such as
Scottish Parliament, the London, Northern Ireland or Welsh Assemblies
or suppliers
Any final stage active two-way discussions about prospective employment that
You must declare:
(i)
your own financial relationships;
(ii)
any financial relationships for another individual or organisation you
direct or advise on, including when acting as an executor, trustee,
director, shareholder or under a power of attorney; and
(iii)
the financial relationships of any Close Family Member or
• A direct holding of Securities or Related Investments in an organisation
which is a listed company or firm with listed securities, FCA-regulated firm
or its financial holding company, firm regulated for financial promotions
provisions, firm listed as an Appointed Representative, firm registered
under the AML regime, firm that is due to come into regulation, a Relevant
Organisation, payment- systems operator (cards and interbank)
1
Any close family members mean spouse/partner, parents, siblings, and children.
10
• Direct holdings of Securities and Related investments in non-UK financial
firms should be declared if they have a UK based subsidiary or parent
company.
• Direct holding of Securities or Related Investments in Organisations
carrying out Qualifying Cryptoasset
2
services should also be disclosed as
above £5,000 if those balances are expected to persist for six months or
or credit union - of a value greater than the compensation limit set by the
Financial Services Compensation Scheme (currently £85,000 per person
per entity or license). You do not need to declare the amount, but that
insurer whose return depends in part on the profits of the insurance
arrangements or persistent credit arrangements under which you have
borrowed a capital sum of £10,000 or more and which you expect to exist
for at least 6 more months. You need not disclose the amount borrowed
or its purpose, only the existence of the relationship. For the purposes of
this policy, you do not need to disclose overdrafts or other similar
but expected to come into the FCA or PSR perimeter in the future
3
, when
1.1.9
What requires permission?
Permission should be obtained through the COI Portal and the decision, regardless of the
outcome, should be recorded on the portal.
2
“cryptoasset” means any cryptographically secured digital representation of value or contractual rights that, (a) can be
transferred, stored or traded electronically, and (b) that uses technology supporting the recording or storage of data (which
may include distributed ledger technology).
3
For the purposes of disclosure, the threshold of ‘expected’ is considered as confirmed to come into FCA/PSR perimeter at
some point in the future.
Exclusive employment
Whilst working for the FCA or PSR you are not permitted to undertake any form
of work (paid or unpaid) for any other organisation without written approval in
advance from your Head of Department or, in the absence of a Head of
Department, your Director. The written approval must be uploaded on your
Decisions Log page.
These restrictions relate to any positions at another organisation for which you
intend to:
• be employed or be contracted;
• freelance whether in a casual or part-time capacity;
• run or campaign for, or hold, a national or local elected public office position,
including as a local councillor; or
• volunteer, where the volunteering relates to:
- a fiduciary position or financial advisory role within the
organisation; or
- an organisation which is regulated by the FCA or PSR or within, or
known it will or will likely be within at some future date, the
supervisory remit of the FCA or PSR in any capacity; or
- an organisation listed on a UK Listed Market or has declared an
11
4 Includes purchases, sales, subscriptions, acceptance of takeover or other offers and all other acquisitions or disposals of securities and related investments, or any
rights or interests in securities and related investments. Entering into any contract to secure a profit or avoid a loss by reference to fluctuations in securities' prices; the
acquisition, disposal or exercise of any option or other right or obligation to acquire or dispose of securities or, in all cases, an irrevocable instruction to do so. Off-market
dealings and transfers of securities as gifts are examples of dealing.
5 Shares (including individual company shares held in single-company PEPS, ISAs, or other wrappers), bonds, debentures and any other financial investments, including
debt instruments, futures, options, and other financial derivatives.
intention to or interest in listing securities on a UK market; or
- an organisation that could otherwise be seen as ‘sensitive’ due to
the nature of the organisation or your role within the FCA/PSR.
• be a trustee or director.
You are required to seek permission before entering into certain personal financial
transactions ('dealing’
4
).
You must not deal or begin the process of dealing before approval has been given. Once
permission has been granted, you are free to deal, but you must do so within 2 working
days. If the trade has not taken place within this period you must advise your manager that
the transaction has not taken place and, if you still wish to proceed, you must re-apply for
permission.
This includes:
and organisations carrying out Qualifying Cryptoassets services including:
• Securities awarded through employee share schemes (if you want to give
instruction to sell securities to meet a tax charge incurred on the vesting of the
same securities which have been awarded to you through an employee share
scheme, or as part of a remuneration package, you are required to seek
approval to deal from the Ethics Officer before placing the instruction.)
• Rights issues of Relevant Organisations that will affect a large number of
employees. If a rights issue or similar corporate action by a Relevant
Organisation is likely to affect a large number of employees, the Ethics Officer
may issue an appropriate policy on the date on which employees will be able to
subscribe to the rights issue. If a policy is not issued in relation to a rights issue
of a Relevant Organisation, permission to deal should be sought in the usual
way.
• Dividend Reinvestment Plans (DRIPs). Setting up a DRIP is classed as dealing for
the purposes of the Conflict of Interests Policy. In line with the prohibition on
acquiring Securities and Related Investments in regulated firms, it is prohibited
to set up a DRIP with a regulated firm and any existing DRIPs should be
cancelled.
• DRIPs in non-regulated or non-financial services firms are permitted but you
must follow the permission process. You must inform your line manager that you
are planning on setting up such a plan whilst seeking approval
•
Acquiring Securities and Related Investments (in a regulated firm) by way of
Gifts or Inheritance. If you acquire these in circumstances beyond your control
you must request permission to obtain these investments from your line
includes but is not limited to engaging with firms where you know of a breach in the
12
1.1.10
What is restricted?
As an FCA/PSR employee you are required to be strictly politically impartial in the way in
which you carry out work for the FCA/PSR. You must not engage in the following activities
that:
• any activity is carried out in your own time
• you make clear that your involvement is solely in a personal capacity
• you do not publicise that you work for the FCA or PSR, and take care to avoid any
suggestion that the FCA or PSR supports or endorses a political opinion and ensure
that personal views you share cannot be interpreted as compromising the
FCA/PSR’s political impartiality, as referenced in the Social Media Policy.
• The personal financial transaction requirements apply to:
(i)
your own financial transactions
(ii)
any financial transactions for another individual or organisation you direct or advise
on, including when acting as an executor, trustee, director, shareholder or under a
power of attorney
(i)
Dealing in Securities or Related Investments or Qualifying Cryptoassets where you
have insider knowledge. The range is subject to change and can be revised during
the year. When this happens, the FAQ document will be updated with any
additional guidelines and adopted into the policy the following year.
regulated firms or their financial holding companies. If you join the FCA/PSR with
such holdings, you may be able to retain them, exercise rights arising from them or
sell them, but you may not acquire more or actively manage them. You must always
declare your holdings as financial relationships. If you exercise your rights from your
prior holdings or wish to sell these securities, you must obtain permission for a
securities (single-equity/vanilla CFDs), UK indices/sectors or the UK equity market
as a whole. However, you can invest in a fund of CFDs where full discretion is given
to the fund manager. You are prohibited from engaging in wagering contracts and
fixed-odds bets on UK companies or equities, including indices/sectors and the UK
equity market as a whole.
Examples of what is not acceptable include:
• a spread bet that the FTSE 100 will go up or down
1.1.11
Gifts, prizes and hospitality and the link to bribery
1.1.11.1
While working for us, you may develop contacts with external parties. It is
important for our employees to know the industries and stakeholders with
13
which we interact, so we encourage networking to improve stakeholder
relations. This may involve the giving and receiving of hospitality, and
occasionally, we may be offered gifts.
1.1.11.2
As a public body, we must observe high standards of ethical behaviour.
When following the rules, common sense needs to apply about whether gifts
or hospitality should be accepted. We should also consider the cumulative
effects of gifts and hospitality on individuals or areas. If acceptance of gifts
and hospitality were challenged, it would be necessary to show that
acceptance was lawful, appropriate, and consistent with our rules and that
personal judgment or integrity had not been compromised.
1.1.11.3
UK legislation on bribery applies to all employees. Under the Bribery Act
2010, it is an offence for any of our employees to offer, promise or give a
bribe to another person, or to request, agree to receive or accept a bribe
from another person, and individuals may be subject to prosecution.
1.1.11.4
You must disclose on the Conflicts Portal as soon as possible the receipt of
any gifts, prizes or hospitality but in any event within 48 hours.
1.1.12
Receiving Gifts
The presentation of gifts should be discouraged where possible. However, where
refusal would cause offence or embarrassment, the following rules apply:
Value of gift
Record
on
Surrender
Token value No No
RRP less than £30 Yes No
RRP of £30 or more Yes Yes
Monetary gifts/ vouchers Yes Yes
1.1.12.1
If you are invited to speak at a dinner or conference, it should be made
clear that no payment is expected or required.
1.1.13
Prizes
1.1.13.1
In general, if you win a prize and it's related to your work at the FCA/PSR
this may be indistinguishable from a gift and could be perceived as a bribe.
The prize must be recorded in the Conflict of Interests Portal. Prizes with an
RRP of £30 or more must be recorded and surrendered. if they are awarded
by:
1.1.14
Receiving hospitality
1.1.14.1
It is important that the FCA/PSR can defend itself against any possible
suggestions of undue influence or inappropriate behaviour.
1.1.14.2
Interaction with regulated firms, professional advisers and other
organisations, including suppliers or potential suppliers, is an important part
of the FCA's/PSR's work. Offers of hospitality may be accepted or made
where they are necessary to develop relationships and maintain outside
contacts relevant to work. However, if a hospitality offer is excessively
expensive or exclusive, there is an increased risk that it will put you or the
FCA /PSR into disrepute, and it must be approved by your Director or
member of the executive committee
6
before you can accept. For the
avoidance of doubt, this includes, but is not limited to offers of free places
at conferences, and/or invitations to attend overseas locations at the
expense of a third party.
6
PSR staff can seek approval from their HoDs
14
1.1.14.3
This policy includes guidance but does not attempt to cover every situation
and must be interpreted by applying common sense to the particular
circumstances of each case.
Type of hospitality Venue
Permissible
(if not
exclusive or
expensive)
Record in
Conflict of
Interests Portal
– including
details of
hospitality
Working breakfast or
lunch
FCA/PSR premises
or any third party’s
office
Yes No
Working breakfast or
lunch
Restaurant or other
venue away from
office premises
Yes Yes
Drinks reception or
similar networking
Any venue at or
away from office
premises
Yes Yes
An evening meal
Any venue at or
away from office
premises
Yes Yes
Free conference places
(where not speaking)
Any venue
Yes – Director
approval UK; ED
approv
al International
Yes
1.1.14.4
Examples of what constitutes excessive, exclusive or expensive
hospitality includes invitations to expensive/exclusive cultural or
sporting events, or even over-frequent invitations from a supplier
to individuals or teams at the FCA/PSR. Directors or members of
the executive committee may authorise acceptance of hospitality
which could be regarded as exclusive or expensive if, in their
judgement they consider it appropriate.
1.1.14.5
While making overseas visits, you may be offered hospitality that
would be viewed as exclusive or expensive under normal
circumstances. However, it may be appropriate to accept
hospitality where refusal would cause offence or embarrassment.
Such hospitality should be approved retrospectively by your
Director or member of the executive committee and recorded in
the Conflict of Interests Portal. Similarly, local customs may favour
the giving and/or receiving of gifts. If this situation is likely, you
should take appropriate advice, agree in advance what would be
acceptable with your Director or member of the executive
committee and record it in the Conflict of Interests Portal.
1.1.14.6
If it has been agreed that you can accept an invitation to give a
speech, then it is acceptable for a third party to meet some or all
of the travel and/or accommodation costs. This applies whether or
not you would normally be attending the event as a delegate.
However, this must be authorised in advance by the relevant
Director or member of the executive committee. Any additional
free spaces at a conference must be approved by a minimum of a
member of the executive committee if overseas.
1.1.15
Giving gifts and hospitality
1.1.15.1
You should exercise caution when giving gifts (except 'token' gifts) and
15
hospitality to third parties. However, if it is required, the following principles
should be applied:
(i)
gift-giving and hospitality must be authorised in advance by
the relevant divisional Director or member of the executive
committee and must be recorded in the Conflict of Interests
Portal
(ii)
in determining whether gift-giving is appropriate, the recipient,
the value of the gift and the reason for it should be considered
(iii)
hospitality given should comply with the travel and expenses policy
1.1.16
Bribery and corruption
1.1.16.1
Bribery is defined as offering, promising, giving or accepting any financial or
other advantage to induce the recipient or any other person to act
improperly in the performance of their functions, or to reward them for
acting improperly or where the recipient would act improperly by accepting
the advantage. Corruption is the abuse of entrusted power or position for
private gain.
1.1.16.2
An advantage can include money, gifts, loans, fees, hospitality,
entertainment, expenses, services, discounts, the award of a contract or
anything else of value, including a favourable regulatory decision and/or
any decision relating to any potential or actual investigation.
1.1.16.3
You must never:
(i)
give, promise to give or offer any payment, gift, hospitality or other benefit
in expectation that an advantage will be received in return
(ii)
accept any offer from a third party that you know or suspect was made with
the expectation that we will provide an advantage for them or anyone else
(iii)
do anything, directly or indirectly, which may suggest to a third party that they
could receive an advantage in return for an offer of any payment, gift,
hospitality or other benefit
(iv)
give or accept any gift or hospitality during any commercial negotiations or
tender process if this could be perceived as intended or likely to influence the
outcome
(v)
give or offer any payment (sometimes called a ‘facilitation payment’) to a
government official, regulator, law enforcement agency or other authority in
any country to facilitate or speed up a routine or necessary procedure,
including, but not limited to, the processing of visas, the provision of
information and cooperation in any potential or actual investigation or
proceedings
1.2 Circumstances affecting employment
Employment of relatives or other individuals with whom there is a close
relationship
There is nothing to prevent your relatives or anyone else that you have a close relationship
with from working at the FCA. But it is your responsibility as an employee to ensure that
this person informs the FCA of the relationship when they complete the application, and
you inform your line manager who can help you manage any potential conflicts.
If you start a relationship with another employee during the course of your employment,
you should inform your line manager or, if the relationship is with your line manager, you
should inform their manager.
The FCA will make every effort to ensure that no conflict of interest arises. We do not
16
normally allow employees who have a close relationship to work together in the same team
or report to the same line manager.
Changes in personal circumstances
We need to keep accurate records of key information on all employees. To meet our
statutory duties, we need to know of any changes in your personal circumstances, which
affect or could potentially affect your employment with the FCA. So it is essential that you
record any changes such as your home address, telephone number, marital status and who
to contact in the event of an emergency on
Workday.
You must tell your line manager of changes in your health so that, if necessary, we can
comply with our statutory obligations to make reasonable adjustments to enable you to
continue working.
You must also inform your line manager and the HR Helpline, within a reasonable period of
time, if you are personally affected by, or involved in any of the following:
(i)
You are charged with or convicted of any criminal offence, which includes being
disqualified from driving or receiving a formal police caution. You do not have to
inform us of minor traffic offences.
(ii)
You are involved in civil litigation in any capacity other than as a witness.
(iii)
You are experiencing financial difficulties and/or have: filed for bankruptcy,
individual voluntary arrangements, debt management plans, debt relief orders,
or have County Court Judgements made against you.
The FCA will treat all the above information in strictest confidence. However, we may inform
your Director/Head of Department when it is necessary and reasonable to do so.
The FCA has legal obligations to fulfil as both an employer and the financial services
regulator. If we become aware, either through one of our checks or because you tell us,
that you are affected by any of points (i) to (iii) above, we may need to reassess your
suitability for continued employment with the FCA. If we have to undertake such an
assessment, we will consider:
• the principles of the Fit and Proper Test for Approved Persons
• the level of risk to the FCA’s reputation if you were to remain in your current role
and/or function
• the level of risk to the FCA’s reputation if you were to undertake a different role at
the FCA and
• whether you disclosed your situation voluntarily.
The outcome of this assessment may result in:
• moving you to another role within the FCA where the level of risk is removed or
reduced
• disciplinary action against you, which may result in your dismissal (see the
Disciplinary Procedure)
We know that being involved in any of these situations can be a very worrying time. If
you feel you would like to discuss your situation confidentially, the FCA’s free counselling
advice service is available 24/7. Alternatively contact the HR Helpline or your line
manager.
1.3 Information and systems acceptable use policy
Context
It is essential that we use our information and related systems appropriately and
17
legally. We must safeguard the information we are entrusted with, account for our
actions and comply with defined rules to ensure we operate securely as an effective
Regulator in the public interest. We expect everyone to act with integrity and
demonstrate the key behaviours defined within this policy to reduce the risk of losing
or compromising our information. In doing so, we expect everyone to be diligent and
use reasonable professional judgement when handling information and using the
technology provided. Failure to comply with this policy could result in you and the
FCA/PSR being exposed to greater risks. You remain accountable for all actions
performed on FCA/PSR systems using the accounts provided to you, so it is important
that you protect yourself and the FCA/PSR.
Purpose
This policy sets out the FCA’s/PSR’s key requirements for employees to reduce the
risk of the loss or compromise of our information. The Policy is structured across 7
expected behaviours, and each supports the FCA’s/PSR’s business objectives.
• Be Organised – Manage information correctly
• Be Proportionate - Gather and use information ethically and within the law
• Be Careful - Think before you click, stay safe online
• Be Discreet - Outside the office and on-line
• Be Clear - Clear desk, clear screen, clear bag
• Be Secure – Protect information, passwords and equipment
• Be Alert - See it, suspect it, report it
Scope
This policy is mandatory for everyone (including all employees, contractors and
contingent workers as identified under the Security & Vetting Framework, collectively
referred to as colleagues) of all FCA legal entities and third parties processing
information on behalf of the FCA/PSR and forms part of the FCA/PSR mandatory
training requirement that must be attested to each year. While it is designed to cover
the most important expected behaviours, it will not include everything. If you find a
specific scenario is not covered or further clarification is required, you should refer to
other associated policies, standards and guidance, ask your line manager, your local
Do No Harm Ambassador or contact the Policy Owner, Cyber & Information Resilience,
via the
Do No Harm mailbox.
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1.3.1
Be Organised - manage information correctly
The FCA and PSR are increasingly reliant on our ability to fully harness and
exploit the data and information we receive, create and manage. It is vital that
the information we hold is readily available to those individuals that have a
legitimate need, is searchable and discoverable to ensure that we can fulfil our
obligations including disclosure and is retained for an appropriate period.
You must
• Classify and mark all information as
defined by the FCA/PSR
Classification scheme. This includes
reviewing existing classifications
when documents are updated.
• Handle information in accordance
with its classification. Please refer to
the
FCA Information
Classification and Handling
Guide,
PSR Information
Classification and Handling guide,
associated standards and local
guidance for further details.
• Adhere to any additional
requirements specifically set out by
your local business area and the
FCA’s
FCA’s Information
Management policy.
• Ensure information identified as
being an FCA business record is
retained within approved network
repositories (such as SharePoint, or
case management system such as
Intact), which can maintain version
control, auditability and search
capabilities.
• Further information on what
constitutes an FCA business record,
can be within our records
management guidance.
•
Dispose of information when no longer
needed in line with the FCA records
retention schedule, PSR records
retention schedule and Data
Destruction & Equipment Disposal
standard
You must not
•
Access information without a
legitimate business need.
•
Keep information longer than is
necessary – refer to the
the FCA
records retention schedule.
PSR records retention schedule
• Use syste
ms such as OneNote,
OneDrive and Outlook for retaining
formal business records. This
includes draft versions of
documents shared and updated by
other colleagues to form the
master record and/or the basis of
formal decisions. Only FCA/PSR
approved records repositories
should be used to store records.
For further information on the use
of OneNote and OneDrive, please
refer to the OneDriv
e guidance
document.
•
Create unique paper records if a
suitable digital solution is available.
1.3.2
What is the harm?
We are expected to hold ourselves to the highest standards and meet all
relevant regulation. We have obligations to disclose material in criminal,
regulatory and civil proceedings. Failure to fulfil those obligations can result in
us not being able to take action against those who have committed criminal
offences or other forms of misconduct.
We are subject to Freedom of Information requests and other legal and
regulatory requirements and must be able to find and disclose information in a
timely and cost-efficient way. If we do not meet these standards, then we may
be challenged by the Information Commissioner's Office and other bodies such
as, but not limited to Parliament and the Upper Tribunal.
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1.3.3
Be Proportionate - gather and use information ethically and within the
law
We manage a wide range of information, including personal data under the
General Data Protection Regulation (GDPR) and the Data Protection Act (DPA)
2018, there are a number of legal requirements governing how we handle
personal data. The FCA and PSR takes safeguarding personal data extremely
seriously and implications of non-compliance can be severe. When you are
working with personal data:
You must
You must not
• Only collect, access, use and
share personal data where there
is lawful basis to do so.
• Consider privacy risks and
engage with C&IR to conduct a
Data Protection Impact
Assessment (DPIA) when
considering new or making
changes to an existing processing
activity.
• Ensure that the volume and type
of data collected is proportionate
to the business need.
• Immediately refer any individual
rights requests (access, erase,
remove) to the Information
Disclosure Team, as this will
enable the FCA/PSR to comply
with the request within statutory
time scales.
• Remove or obfuscate any
personal data (by anonymising or
pseudonymising), prior to
sharing or publishing
information, , unless there is a
lawful basis that permits sharing
and / or publication without such
action being taken.
•
Immediately report any
suspected loss or breach of
information or asset, by
contacting the FCA Security
Control Room on 0207 066 3838
and completing the Loss
Reporting e-Form in accordance
with published guidance.
• Refer to the FCA’s/PSR’s Data
Privacy Policy and Procedure
for
further guidance.
• Process any personal data
unnecessarily. Commence any new
collection or new processing of
personal data until you have sought
advice from C&IR.
•
Delay in referring individual rights
requests or queries.
•
Transfer personal data to another
jurisdiction without following the
Data Residency & Access Standard.
•
Publish or share data without
permission, without justifiable
lawful basis
and without conducting
appropriate checks to remove any
personal identifying information.
• Delay in reporting suspected loss or
breach of information or asset.
What is the harm?
Mishandling personal data results in increased likelihood of potential harm to
individuals leading to legal action, financial loss and reputational risk for the FCA
and/or the PSR, alongside potential employee disciplinary proceedings.
It is important that you understand your personal obligations in relation to data
protection and recognise the need of being proportionate and transparent in its
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use.
1.3.4
Be Careful - think before you click/stay safe online
We need to maintain our awareness of threats exploiting core communication
channels such as email and the Internet. Our security controls go some way to
protect the Organisation but we expect you to remain vigilant to these threats,
and to take time and care when using services such as email and the Internet.
You need to question or seek advice if you are ever unsure.
The FCA and PSR allow limited personal use of the provided communication
systems, so we expect you to apply diligence and good judgement when using
these facilities both for personal and business use. The FCA undertakes ethical
phishing testing to test its defences against common phishing attacks.
Colleagues should be aware that clicking on simulated phishing emails results
in inclusion within the phishing support process. Further detail can be found
here
.
You must
You must not
• Be vigilant for malicious emails
such as ‘phishing’, messages,
calls or other suspicious
communications that might seek
unauthorised access to
information or undermine the
security of our IT systems.
Immediately report any
suspected issues using the
‘Report Phishing’ button within
Outlook or via
Phishing@fca.org.uk
• Exercise caution when clicking on
links or accessing websites and
immediately report to the IT
Service Desk and complete the
Loss Reporting e-Form if you
believe you have clicked on or
opened malicious content.
• Contact the IS Service Desk
immediately if our anti-virus
software raises any alerts.
• Seek guidance from your line
manager if you are unsure of the
legitimacy of a request for
information. If in doubt, this
should be reported immediately
via Phishing@fca.org.uk and to
the C&IR Counter Threat Unit.
•
Report the receipt of
inappropriate material to your
Line Manager.
•
Transmit and transport
information in accordance with
the
FCA Information
Classification and Handling
Guide and the PSR
Information Classification and
Handling guide
• Send any FCA/PSR information to
your personal email address
(excluding your own personal
information such as personal training
certificates, your CV and
remuneration details), any email
address not directly connected with
the work being completed / related to
the information or auto-
forward any
FCA/PSR emails to external
addresses.
•
Upload FCA/PSR data to any
unapproved third-party repository or
internet site including any query sites
such as search engines, translation
sites or AI /chatbot solutions e.g.
ChatGPT.
•
Access internet sites (including social
media) containing or promoting
inappropriate material including, but
not limited to, sexually explicit
content, the promotion of terrorism,
illegal activities, defamatory material
etc. Or that allow unlawful ac
cess to
copyrighted or licensed material
when using FCA equipment or
services including Wi-Fi.
•
Download unapproved software
(including screen savers and games)
to your FCA/PSR device. Refer to the
IS Service Desk for further support.
• Share your passwords
or store them
insecurely.
•
Use your FCA/PSR phone to make
personal calls overseas.
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1.3.5
What is the harm?
Cyber security threats continue to grow as rapidly as the development of new
technologies. A large proportion of successful cyber-attacks originate from
someone clicking on a malicious phishing (or scam) email. The consequences of
a successful cyber-attack can be far reaching and impact our ability to operate
and can have long lasting damaging consequences to our reputation.
1.3.6
Be Discreet - outside the office and on-line
New digital technologies improve our efficiency and ability to collaborate, but it
is important to incorporate diligent and secure working practices, using the
most appropriate methods when communicating information.
You must
•
Verify the participants and restrict
access when required, on audio and
video calls when discussing any
FCA/PSR information.
•
Ensure you only share information
with authorised parties when using
collaboration tools such as Teams,
OneDrive, Salesforce and Chatter.
•
Consider your environment and how
you may be overlooked in a public
space before reading or working on
FCA/PSR information. Position
yourself to ensure you cannot be
‘shoulder surfed’ by unauthorised
parties and, in addition, use a
privacy filter where possible.
•
Avoid including FCA/PSR Sensitive
and FCA/PSR Secret information
within the subject line and first line
of a message, reducing the impact
of how this type of information can
be first viewed (or ‘popped up’) on
the recipient’s screen.
•
Seek appr
oval before travelling
overseas with FCA/PSR equipment.
Further guidance can be found the
Travel Safety Site.
•
En
sure your conduct on social
media does not bring the FCA/PSR
into disrepute or conflict. Further
guidelines can be found via
Internal
Communications.
You must not
• Use instant messaging or other
such solutions for transmitting
items of record or formal
decisions. Instant messaging is
an informal medium and cannot
be relied upon to provide
auditability for formal
instruction.
• Write or share content which is
inappropriate, illegal,
discriminatory or otherwise
offensive.
• Work on information classified as
FCA/PSR Official and above in a
public space where it could be
seen easily by unauthorised
parties.
• Refer to or post any information
relating to the FCA/PSR on social
media not already in the public
domain without first receiving
formal approval from the
Communications Department as
detailed within the
FCA Employee
Handbook.
• Choose answers to security
validation questions from
information that is readily
available on social media.
What is the harm?
Failure to work in a secure way can lead to information being leaked or
compromised. There is a heightened risk when working in a public space when
work related conversations can be overheard or when information is
overlooked. This can also lead to an increased risk to your personal safety if
your equipment and information is targeted by thieves.
1.3.7
Be Clear - Clear desk, clear screen, clear bag
Our desk and workspaces provide valuable shared resources and they need to
be made available to other colleagues at the start of every day. Clear desk
requirements form part of this policy and you must ensure your working
practices are considered and information is suitably protected at all times, this
extends to periods when you may be working remotely.
22
When a desk is vacated for the day, you must ensure that information is not left
available and all items (including both personal and work-related items) are
removed and secured.
You must
• Remove information, equipment
and all personal items from desks,
meeting rooms, break-
out areas
and other communal areas at the
end of meetings and at the end of
each day. Additionally, consider how
you maintain clear desk principles
when working remotely e.g., from
home or outside the office.
•
Ensure that information is securely
stored in a locked cabinet or
equivalent when not in use for a
prolonged period of time both in the
office and when at home. Ensure
any default locker pins are set to a
chosen personal code.
• Lock computer screens prior to
leaving them unattended (e.g.,
using the
L keys).
•
Use FCA/PSR printing facilities only
(unless specifically authorised via
the approved and published
process) and minimise the printing
of documents where practicable.
Use
information in digital form
whenever possible.
•
Consider the need to remove papers
from the office including personal
notebooks. Ensure you have
business and line manager support
to justify taking papers outside of
the office – whenever possible you
should utilise more secure digital
options.
Remove information,
equipment and all personal items
from desks, meeting rooms, break-
out areas and other communal
areas at the end of meetings and at
the end of each day.
You must not
• Leave any FCA/PSR equipment or
papers, or any personal items, on
your desk or surrounding area at
the end of the working day.
Note: Items may be removed
during evening security checks
and the FCA/PSR accepts no
liability for the loss of or damage
to any of your personal property.
•
Leave FCA/PSR Sensitive or
FCA/PSR Secret printed
information unattended on desks
or not collected from communal or
printer areas.
• Take printed papers outside of the
FCA/PSR office unless you have an
approved material business need
and you have discounted
alternative secure digital options.
• Dispose of FCA/PSR papers in
domestic waste.
What is the harm?
Securing information in paper form presents a bigger challenge given the
limitation of manual controls needed to prevent information falling into the wrong
hands. The loss or compromise of papers has the potential for information leaks
and harm to the firms we regulate and loss of public confidence. Equally,
unauthorised access to your hybrid (if left unattended and unlocked) could lead
to unauthorised activities being undertaken using your credentials.
1.3.8
Be Secure - Protect information, passwords and equipment
It is essential that you integrate security controls in your day to day working
habits to protect information, systems and related equipment such as laptops,
hybrids, and smart phones. You need to remember the value of these assets
and employ the right working practices to help protect them. For instance, any
23
confidential information that we have received from a firm is protected under
section 348 of the Financial Services and Market Act 2000 (FSMA) and or the
Financial Services Banking Reform Act (FSBRA) 2013, so we have an
obligation to ensure we manage this information correctly.
24
You must
You must not
•
Take all reasonable precautions to
ensure FCA/PSR equipment and
information is protected from theft
or loss.
•
Only store and process information
on approved systems and cloud
services.
• Only use FCA/PSR approved and
supplied messaging syst
ems to
transmit / receive FCA/PSR
Information. Text messaging and
services such as WhatsApp must
only be used for maintaining staff
contact or as part of an approved
Business Continuity Process when
all other forms of approved
communication are down e.g., in
the event of a complete loss of all
FCA/PSR systems.
• Only use FCA/PSR supplied /
approved audio conferencing and/or
video conference facilities to
communicate information.
•
Ensure you adopt strong passwords
that cannot be easily guessed and
change your password immediately
if you believe it has been
compromised in line with the User
Access Management standard.
• Ensure credentials such as
passwords are kept securely and
never written down. Consider using
the FCA’s approved password
“wallet” ( Password Safe) for the
storage/management of passwords
in a protected (encrypted) format.
•
If using the FCA/PSR ‘Bring Your
Own Device’ solution, comply with
any applicable Terms and
Conditions – note the FCA/PSR has
the right for data contained only
within the BYOD application to be
wiped in the event of the device
being lost or stolen
.
•
Only use your FCA/PSR credentials
to log into FCA supplied / approved
services and systems.
•
Use non-
FCA/PSR voicemail or text
messaging systems to commun
icate
FCA/PSR Sensitive & FCA/PSR Secret
information.
• Share your passwords with anyone
(including line managers,
Professional Business Support
colleagues, IT support staff or family
members). Refer to the Passwords
and Delegated Access Guidance for
infor
mation delegating permissions
within FCA/PSR systems.
• Use FCA/PSR user credentials or FCA
/PSR email addresses for personal
use, such as personal social media
accounts or online shopping.
• Use personal equipment (laptops,
phones etc.) to store or process
FCA/PSR information of any category
unless through an approved BYOD
solution.
• Disable or attempt to bypass security
controls (such as anti-
virus software
or firewalls) or attempt to use
alternative ways to access blocked
websites, content or services.
•
Co
nnect unauthorised devices to the
FCA/PSR corporate network.
• Connect or use any removable media
such as memory sticks from an
unknown or untrusted source.
What is the harm?
Incorrect security practices reduce our ability to meet our obligations to secure
and manage information correctly. The misuse of fundamental security
measures such as passwords undermines the systems and controls employed
to protect our information. This can result in the loss of, or damage to FCA/PSR
equipment, IT services and the loss and compromise of information leading to
potential harm to consumers, firms and loss of public confidence.
25
1.3.9
Be Alert - See it, suspect it, report it
You have a responsibility to remain alert and report any actual or suspected
security threat, for example the loss or theft of information or equipment, a
suspected or known external cyber-attack of compromise of your log-in
credentials. Fast and diligent reporting can help reduce the impact of an incident
and can assist in implementing additional controls to contain it. If in any doubt,
escalate immediately.
You must
You must not
• Immediately report any suspected
or actual information security
incidents, data privacy incidents,
suspected weakness, non-
compliances or near misses in line
with the
FCA Incident Reporting
Standard.
•
Report all known or suspected
incidents using the Lost/Stolen
reporting process or telephone the
Security Control Room telephone
helpline (0207 066 2222 – full
contact details can be found on your
Emergency & Incident Card).
• Report incidents if you observe any
wrongdoing relating to the
requirements contained within this
policy. Please ask your Line
Manager or contact the Cyber &
Information Resilience Team if you
have any concerns.
• Knowingly ignore or disregard any
form of security incident or possible
breach.
•
Delay reporting an incident even
if
the incident is discovered outside of
office hours.
• Investigate an incident in an
unlawful manner, which cou
ld
damage evidence, jeopardise the
successful outcome of an
investigation or breach an
individual’s rights.
What is the harm?
It is inevitable that incidents will occur. Recognising a problem and acting upon
it quickly will provide us with the best opportunity to manage it effectively and
reduce the potential harm to an individual, firm or impact to the FCA/PSR. In
some instances (such as loss or compromise of personal data) we have an
obligation to report incidents quickly to regulators, law enforcement and other
external parties. The Information Commissioner has the power to serve a
monetary penalty notice if we do not manage incidents correctly. This could lead
to potential long-term damage to our reputation and undermine public
confidence.
1.3.10
Training & Awareness
You must complete related Acceptable Use training / required reading within 8
weeks of joining the FCA/PSR and then annually, as part of the mandatory
Conflicts of Interest Attestation in line with the FCA/PSR training calendar.
1.3.11
Non-Compliance
The FCA/PSR reserves the right to monitor use of all its information systems in
accordance with relevant laws, and for applicable regulatory or business
purposes. Information gathered through monitoring may be used, but not
limited to, measurement and enforcement of the requirements detailed within
this and other FCA/PSR policies.
Any suspected or actual breaches of this policy must be raised in line with
published breech management and or incident reporting guidelines as
necessary, this includes the need for colleagues to escalate issues through to
line management in line with the 3 lines of defence model (3LoD).
26
Non-compliance with the policy without prior authorisation (breech) may result
in formal action under the FCA’s Disciplinary Procedure. The FCA/PSR may also
ask for your consent to examine your personal mobile device(s) under any such
action, where there is a suspected breach of this policy. Such requests would
only be made with approval from HR.
Waivers under this policy will only be permitted under exceptional circumstances
and must be submitted via the FCA’s published exceptions to policy process.
1.3.12
Review and Refresh
This policy forms part of the C&IR Policy Framework as well as belonging to the
wider FCA/PSR Tier 1 policy set and as such, it will be managed in line with the
FCA Internal Policy Framework guidance. This policy has a mandated minimum
annual review period set against it and will be reviewed and approved by the
Executive Sponsor by, at the latest, the date published on page 2 of this
document. Additionally, updates may be made on a regular basis depending on
n business need and the changing risk environment.
1.3.13
Monitoring and Reporting
Policy Compliance is monitored using a wide variety of inputs, such as MI from
Key Risk Indicators (KRIs), lessons learned from breech and incident
management activities, RCSA outputs, R&CO risk review and Internal Audit
findings. As required KRIs are adjusted to ensure MI remains insightful and
focussed.
Reporting is provided monthly. in addition, ad-hoc requests from ExCo to provide
information on Policy performance and enable effective decision making.
1.4 Employee privacy notice
While you are employed by the FCA, we need to hold, access and / or process personal data
about you. We must give you very specific information about how we process your personal
data, to ensure that processing is fair and transparent. This information is in our Employee
Privacy Notice.
1.5 Security and vetting
We will provide appropriate security arrangements at the FCA to protect the organisation
and to provide a safe and secure working environment. To help us achieve this we require
you to understand your responsibilities and cooperate with our security arrangements.
Security control
Our premises are protected by specialist security officers and a range of electronic
measures. The buildings have an Access Control System to control access to the building
and specific facilities. All employees are issued with a security ID pass which you must wear
and display at all times when inside the building. Your pass must not be loaned or given to
others at any time.
Further details on our physical security arrangements can be found at the Security page on
the Intranet.
Your security ID Pass (key fob in Edinburgh) gives you access to FCA premises. We conduct
routine audits of the access log for operational security reasons and to work out occupancy
rates of the building. We may also run a check of the log in other circumstances. This
includes, but is not limited to: emergency situations; a breach or potential breach of
security; where we reasonably believe a member of staff is in breach of their contract or
another of our rules (for example, in relation to working hours obligations). Such
investigations may include cross-references to other logs of information, such as CCTV
images, iTime, etc.
Security vetting
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All FCA employees undergo pre-employment checks. This gives access to all classifications
of FCA information and certain grades of Government-owned Protectively Marked
information without further screening (subject, in each case, to having a business need to
know the information).
Some posts need additional screening, or access to higher protectively marked materials,
subject to National Security Vetting (NVS) standards. The FCA’s policy is to undertake
national security vetting on a role needs basis. If you are recruited into a job that requires
you to be security cleared, your appointment will be conditional upon the appropriate level
of clearance being granted and maintained. This applies whether the recruitment is internal
or external.
Further information
For more information about security at the FCA, including security relating to keys to office
cabinets, and compliance audits and investigations of losses, please refer to the Security
pages on the Intranet.
1.6 Anti-money laundering and prevention of terrorist financing
You have a personal responsibility to report knowledge or suspicion of money laundering or
terrorist financing to the FCA Money Laundering Reporting Officer. This means knowledge
or suspicion about a firm or person, gained in the course of your work, which links that
firm’s or person’s financial dealings, or its customers, connected persons, etc., to any
criminal conduct or terrorist activities.
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer)
Regulations 2017 create this responsibility and as long as you follow our reporting
procedure, you will comply with the law.
1.7 Media, photography, speeches and publications
Media
To help the FCA maintain a consistent line when dealing with press or other media enquiries,
all press enquiries must be referred to the Press Office.
If you receive a media enquiry you should not comment on what is being put to you, but
politely and firmly refer the journalist to the Press Office. You should also contact the Press
Office yourself to inform them of the enquiry.
Only employees in the Press Office and those authorised by the Press Office should speak
to the media. You should not contact the media directly.
There are no exceptions to this requirement. Even those authorised to talk to the press
(who have received formal training on dealing with journalists) need to contact the Press
Office before speaking to journalists. This minimises risk to individual employees as well as
the FCA.
Remember that the press may be present when employees are speaking at external
conferences or events. Do not say anything you would be embarrassed to see in print,
particularly during question and answer sessions.
Photography on FCA premises
There are many departments in the FCA who work with sensitive commercial information.
Photography within FCA premises is a potential risk to the security of this information.
Where there is commercial photography or filming inside our premises, the photographer
will need authority from the Press Office. Photographers must always be hosted and
escorted into the building and must have a specific brief as to what they can and cannot
photograph. Security must be notified in advance of any commercial photography within
FCA premises.
If you or one of your visitors wish to take photographs inside our premises for personal
reasons, this is generally restricted to public areas such as reception. If you wish to take
photographs inside office areas, you must seek prior permission from the Corporate
Protection and Resilience Department, who will not generally object, but will make certain
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you are aware that you are restricted from photographing documents, security devices,
computers and data rooms.
Please report any photography inside our premises that you are suspicious of or that you
believe has not been approved.
Speeches and publications
Any fees received from speeches, articles, attendances at seminars or similar events, in
your capacity as an employee, must be given to the FCA. If you are writing or publishing
material connected with your work but not commissioned by the FCA, you should seek
approval from the Head of Press Office and Events in advance. The publication of confidential
information may be considered as gross misconduct and may lead to dismissal.
1.8 Social media
Social media covers platforms such as Facebook, Twitter, LinkedIn, Instagram, Google+,
all blogs, all forums and comments to online articles either on a publication’s website or
other sites as they develop.
You must email the Executive Assistant to the Director of Communications if you want to
use social media in a professional capacity on behalf of the FCA. For example, if you wish
to share already publicly available information about the FCA on Twitter, you would need to
disclose your account to the Communications Division and gain prior approval.
You may, occasionally, be asked to represent the FCA on a social media. This will be
discussed with you and your manager, led by the Communications Division.
You can make reasonable use of social media sites in a personal capacity - but you are
responsible for the content you publish in your name and it must not bring the FCA into
disrepute.
In your social profiles, you must make it clear that you are expressing a personal view. For
example, by using text similar to the following in your profile: ’The views expressed on this
site are mine alone and do not reflect the views of my employer’. You should be aware of
your duty as an employee, and as associated with your contract of employment, to act in
good faith and in the best interests of your employer.
You must not bring the FCA into disrepute through the information, comments and other
material you disclose. For example, avoid posting abusive, derogatory or offensive
comments, and carefully consider whether any views you share could be interpreted as
compromising the FCA’s political impartiality.
Excluding LinkedIn, which can be used in a professional capacity, you must not include ‘FCA’
in any form in your social media profile name or title (unless given permission by the Director
of Communications). Staff are allowed to list FCA under the ’Work and Education’ section of
their personal Facebook profile. However, no additional comments should be made
regarding employment at the FCA, as above.
Contact the Press Office and your manager if you are contacted by the media about a
comment or post you made on social media that relates to the FCA. In line with the Press
Office’s Handbook, do not discuss further with a journalist without Press Office permission.
Contact the Editorial & Digital team in the Communications Division if you are approached
via social media to comment on FCA business in an official capacity, such as via personal
message on LinkedIn or Twitter. Stakeholders wanting official comment or reply from staff
members in a professional capacity must contact them through official FCA channels, ie
work email address, formal letter or via the Communications Division.
Contact your manager if you are offered payment to produce a blog or other article for a
third party which could lead to a conflict of interest.
You must not reveal confidential information about the FCA and its work, or information
that relates to a regulated firm. A disclosure of information could lead to claims against the
FCA under the Financial Services and Markets Act 2000 or the General Data Protection
Regulations 2018. As per the information classification policy, staff cannot tweet about
29
anything considered to be FCA Restricted, Controlled Distribution or HSI.
You must not engage in public debate on any issue that relates to the FCA without prior
authorisation from the press office and your line manager.
You must not criticise the FCA or your colleagues, even if you do not state that you work
for the FCA.
Directors, HoDs and Managers are responsible for ensuring that staff are aware of and
comply with these policies, and that potential policy breaches are investigated promptly,
and dealt with under the FCA’s Disciplinary Procedure. If you are unsure speak to your line
manager or Director of Communications.
If you are found guilty of breaching the social media policy disciplinary action may be taken
against you up to and including dismissal from the FCA in line with the Disciplinary
Procedure.
1.9 Whistleblowing policy
Background
We expect those who work directly or indirectly for the FCA to maintain high standards, and
we are committed to encouraging a culture in which individuals feel confident that they can
raise concerns and challenge poor practice and behaviour.
All organisations face the risk of things going wrong from time to time, including the risk of
illegal or unethical conduct. Whenever such a situation arises, usually the first people to
realise or suspect it will be those who work in or with the organisation. A culture of openness
and accountability is essential to prevent such situations occurring and to address them
when they do occur. Where possible, we recommend you raise any concerns as soon as
possible with your line manager or another member of the management team either
informally or formally.
This policy aims to encourage individuals to report concerns in the knowledge that concerns
will be taken seriously and investigated, provide guidance on raising concerns and provide
assurances about how we protect whistleblowers.
Not all disclosures made under this policy will fall within the scope of protection under the
UK whistleblowing legislation, the Public Interest Disclosure Act 1998 (PIDA).
Whistleblowers who are covered by PIDA may make a claim to an Employment Tribunal if
they are victimised because they have blown the whistle. PIDA applies to workers who make
protected disclosures about specified topics, in the public interest. Public Concern at Work
provide advice to people who are thinking about blowing the whistle, see - where can I get
advice?
Who does this Whistleblowing Policy apply to?
Our policy applies to all employees, officers, secondees, consultants, contractors,
volunteers, interns, casual workers and agency workers. All these individuals should
familiarise themselves with this policy.
It also applies to former employees and others whose work with or for the FCA has come to
an end.
This policy takes account of the Whistleblowing Commission’s Code of Practice for effective
whistleblowing arrangements.
What is whistleblowing?
For the purposes of this policy, a whistleblower is any person that has disclosed, or intends
to disclose, a concern about any of the below (a reportable concern). This goes wider than
PIDA.
Reportable Concerns can relate to suspected danger, risk, malpractice or wrong doing at
30
work which affects others. This may include, but is not limited to:
•
a criminal offence, including bribery and corruption
•
a failure to comply with any legal obligation
•
a miscarriage of justice
•
endangering the health and safety of any person
•
damage to the environment
•
unauthorised disclosure of confidential information
•
breach of our Conflict of Interests policy breach of our internal policies and procedures
•
behaviour that harms or is likely to harm the reputation or financial well-being of
the FCA
•
the deliberate concealment of any of the above
Examples of situations in which employees may blow the whistle
Example 1: a former colleague, who supervised XYZ firm, starts work in the XYZ compliance
division. You inherit his work and note there are no records of his visits to the firm. What
should you do? Report this to your manager immediately. If the concern involves your
manager, or you would prefer them not to know, you should report this to the Director of
Internal Audit.
Example 2: you have a concern that could impact on the FCA’s reputation, but do not want
to raise it with the Director of Internal Audit as you are concerned they may be compromised
in some way. What should you do? Report this to the Chair of the Audit Committee, or the
Chairman of the Board.
Which procedure should I use?
If you have a reportable concern, you should report it under this policy. For concerns
regarding your own employment, or how you have been treated by your manager, you
should use the FCA Grievance Procedure or the Equality Complaints Procedure (depending
on the nature of your concern). If you are not satisfied with an outcome arising from the
Grievance and Equality Complaints procedures, or with an outcome of a disciplinary or
performance management process, then you should raise an appeal under the relevant
procedure. It will generally only be appropriate to blow the whistle about an internal policy
or procedure if you have genuine concerns about the overall effectiveness or efficiency of
the procedure, rather than about the outcome of specific proceedings.
Where can I get advice?
If you have any questions on the application of the policy or you are not clear whether
something is within the scope of this policy you should seek advice from
internal.whistle@fca.org.uk
or the Director of Internal Audit.
If you feel you need independent advice relating to whistleblowing, you may contact the
independent charity - Protect (https://protect-advice.org.uk/) on 020 3117 2520. Protect
gives free and confidential advice on whistleblowing matters. Please remember that you
must not disclose any confidential information.
If you as an employee or a Line manager require any guidance with respect to
whistleblowing please contact Internal Audit.
Reporting within the FCA
If you have a reportable concern, you should raise it in person or in writing by contacting
one of the following:
•
your line manager
31
•
the FCA confidential hotline, internal.whistle@fca.org.uk
•
the Director of Internal Audit (in person or in writing)
If you feel unable to do that, or feel they have not dealt with the matter appropriately, then
you can raise it with the Chair of the Audit Committee (the Whistleblowers’ Champion). If
you are not able to raise it with the Chair of the Audit Committee, or through the other
routes above, you should raise it with the Chairman of the Board.
Your identity will not be revealed without your consent. It is helpful to all parties if you can
confirm you are a whistleblower under this policy.
The Champion does not have a day-to-day operational role in handling disclosures from
whistleblowers, but you can contact them as a last resort. The Champion will acknowledge
the disclosure and ensure that appropriate action is taken. See the Responsibilities section
for more information on the role of the Champion.
What if I do not want to reveal my identity?
We hope that individuals will feel able to voice their concerns openly under this policy.
However, if you prefer to raise your reportable concern confidentially, we will do all we can
to keep your identity secret except if this right is overridden by law. If it is necessary for
anyone other than the original recipient of your disclosure to be aware of your identity we
will discuss this with you before your identity is disclosed.
We do not encourage individuals to make disclosures anonymously. It makes a proper
investigation more difficult if it isn’t possible to obtain further information from the
whistleblower. It can also be in a whistleblower’s own interests for a proper audit trail to
exist (records are held securely and access is strictly controlled). However anonymous
disclosures of Reportable Concerns are accepted. You can raise something anonymously, in
writing to the Internal Audit Director, or the Chair of AuditCo (c/o Board Secretariat) at the
FCA’s address.
What takes place during an internal investigation?
Once you have raised a reportable concern, the recipient will acknowledge receipt and
indicate next steps. This includes, where appropriate, the likely timescales and who will
investigate your concern.
You will usually be invited to a meeting to discuss your concern, as part of an initial
assessment to determine the scope of any investigation. You may be asked to attend
subsequent meetings, to give you an opportunity to provide further information if
appropriate.
You may bring a colleague or a trade union representative to any meetings. Duties of
confidentiality will apply, and companions who do not work for the FCA must also respect
confidentiality.
In most cases Internal Audit will investigate the whistleblowing report, and will conduct the
enquiry. In some circumstances it may be appropriate for another area of the FCA or an
external party to carry out the investigation (particularly if specialist knowledge is required).
The role of the investigator is to establish whether something has gone wrong, and if it has,
how the situation can be rectified. They may also make recommendations for change to
enable us to minimise the risk of a recurrence.
You will be kept informed during the investigation and you will usually be informed of the
outcome of the investigation. However, sometimes the need for confidentiality may prevent
us from doing so, eg if disciplinary action is taken against somebody else then this will
usually be confidential.
If we conclude that you have made false allegations maliciously or with a view to personal
gain, you may be subject to disciplinary action.
What if I am not satisfied with the outcome?
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We cannot always guarantee that you will be informed of the outcome or be happy with the
outcome, but we will always try and deal with your concern fairly and appropriately.
If you are not happy with the outcome you may raise it externally, see below.
Protection and support for whistleblowers
We understand that whistleblowers are sometimes worried about possible repercussions.
We wish to encourage openness and will support individuals who raise genuine Reportable
Concerns under this policy even if they turn out to be mistaken.
Whistleblowers must not suffer detriment because they have raised a genuine concern.
Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable
treatment connected with raising a concern. If you believe that you have suffered any such
treatment you should inform the HR Director or the Whistleblowers’ Champion immediately.
Those who work in or for the FCA must not threaten or retaliate against whistleblowers in
any way. If staff are involved in such conduct they may be subject to disciplinary action.
Confidential support and counselling is available to whistleblowers who raise concerns under
this policy via the Employee Assistance Programme. Support is also available from Staff
Representatives.
Responsibilities
Managers should make sure that their staff are aware of the policy and encourage a positive
open working culture in which individuals feel comfortable expressing concerns. Reportable
Concerns should be taken seriously and be dealt with in accordance with this policy.
The Whistleblowers’ Champion is the Chair of the Audit Committee, who is also an
independent non-executive director. The Champion has overall responsibility for ensuring
and overseeing the integrity, independence and effectiveness of this policy, including for
protecting whistleblowers.
The Internal Audit Director will make an annual report to the Board. This report will respect
whistleblowers’ confidentiality.
If an Employment Tribunal finds the FCA liable for unfair dismissal or detriment because of
whistleblowing, the Whistleblowers’ Champion will report the matter to the Treasury.
Reporting outside the FCA
The aim of this policy is to provide an internal mechanism for reporting, investigating and
remedying matters of concern. While it should not be necessary for whistleblowers to report
the matter externally, we recognise that in some circumstances this may be appropriate.
For the avoidance of doubt, it is possible to report internally and externally simultaneously
or consecutively. In other words reporting a matter externally to Treasury or to other
relevant bodies is not conditional on a report first being made using the FCA’s internal
arrangements, see the Other relevant bodies section. It may be beneficial to seek advice
before reporting a concern to anyone external (see details for Public Concern at Work
above).
The FCA is accountable to the Treasury and you may disclose Reportable Concerns to the
nominated Treasury official, who is:
Director General of Financial Services
HM Treasury
1 Horse Guards Road
London SW1A 2HQ
Tel: 0207 270 4448
The Treasury will investigate in whatever way it considers appropriate, but is likely to
contact the FCA, normally the Director of Internal Audit, to discuss the disclosure.
Other relevant bodies
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In some circumstances you can make protected disclosures to a ‘prescribed person’, see
Public Interest Disclosure Act (1998). A list of prescribed persons and their remit can be
found at www.gov.uk/government/publications/blowing-the-whistle-list-of-prescribed-
people-and-bodies--2/whistleblowing-list-of-prescribed-people-and-bodies
A member of the House of Commons is a prescribed person for all matters within the remit
of any other prescribed person.
1.10 Monitoring
The FCA’s systems enable us to monitor email, internet and other communications. To carry
out our legal obligations as an employer (such as ensuring compliance with the FCA’s
policies) and for other business reasons, we may monitor use of systems including
telephone and computer systems and any personal use of them, by automated software or
otherwise.
Monitoring is only carried out to the extent permitted or as required by law and as necessary
and justifiable for business purposes.
1.11 Indemnity policy
To the extent permitted by law, the FCA will indemnify you (provided that you are an
employee of the FCA or someone who has been seconded to the FCA or are otherwise acting
as a legitimate member of the organisation) against any liability you incur in connection
with claims or proceedings brought against you for anything done or not done when working
for the FCA. This indemnity applies whether proceedings are brought against you in the UK
or overseas. The indemnity will cover any liabilities incurred in connection with such claims
or proceedings, including any costs reasonably incurred in defending them, whether or not
judgment is given in your favour. If you are seconded or assigned to another organisation
while employed by the FCA, we will, wherever appropriate, as a pre-condition of any
secondment, either:
• expressly confirm in writing that we will continue to indemnify you in line with the
terms of this contract throughout the course of the secondment
• ensure that the organisation you are seconded or assigned to gives you an equivalent
indemnity
The indemnity will not extend to any liability incurred by you:
• to the extent that you may be indemnified by any third party including under any
policy of insurance for that liability
• as a result of any act or omission which is done or omitted to be done by you
dishonestly or otherwise in bad faith or which is outside or inconsistent with the scope
of your responsibilities under your Contract of Employment with, or the terms of your
secondment to, the FCA
The indemnity is conditional on all of the following requirements. The indemnity will not
apply if you fail to comply with them. The conditions are that you:
• do not disclose the existence of this indemnity to any claimant or potential claimant
• inform your manager within the FCA and the FCA Company Secretary in writing as
soon as you become aware of any claim or the possibility of a claim against you or
the FCA which might give rise to a liability to which this indemnity may apply
• do not discuss the relevant matter with any claimant or potential claimant unless
authorised to do so by the FCA
• do not admit liability for yourself or the FCA
• do not try to settle or compromise or reduce or make any payment in respect of the
claim or potential claim
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• keep the FCA informed of all developments about any claim or potential claim
including sending the FCA all documentation relevant to the claim or potential claim
as soon as reasonably practicable following receipt
• give the FCA such information, co-operation and assistance as the FCA may
reasonably request to enable the FCA to defend the claim or potential claim whether
on your behalf or its own
• allow the FCA to conduct the defence of, and settle or compromise on such terms as
it considers appropriate, any claim or potential claim
• do not seek outside legal advice except with the authority of the FCA General Counsel
or Company Secretary
• inform your line manager within the FCA and the FCA Company Secretary of any
discovery of suspicion, fraud or dishonesty by a past or present employee of the FCA
or anyone claiming to act on our behalf
This indemnity will apply to any liability arising from any claim or potential claim which you
notify to the FCA during your employment (or your secondment) and in the period of 6
years following its termination.
1.12 References policy
Only the HR Division is authorised to provide employment references for existing or ex-
employees of the FCA. You must not, in any circumstances, give employment or character
references, whether in the FCA’s name or otherwise, for existing or ex-employees. All
requests for employment and financial references should be directed to the HR Helpline. For
the avoidance of doubt, references will not be given for anyone who is or has been engaged
by the FCA via a third party organisation.
Subject to the Enhanced references section of this policy below, the FCA is not able to give
references for employees who left the organisation more than 10 years ago.
Standard FCA references
All references provided by the HR Division will be in writing, follow a standard format and
provide factual information such as:
• dates of employment with the FCA
• latest position held (eg associate) and latest division worked in
We will not provide verbal references, testimonials or open references (eg To Whom It May
Concern).
Enhanced references
If a prospective employer or an agent of that prospective employer asks the FCA to give an
enhanced reference for an employee or ex-employee for a role that requires approval,
certification or which is otherwise regulated in accordance with FCA or PRA rules and it is
requested in accordance with that prospective employer’s regulatory reference obligations,
the FCA will provide one. The enhanced reference will disclose:
• any formal disciplinary action that the FCA has taken against that individual under
the FCA’s disciplinary policy, namely any written (first or final) warning or any
dismissal under that policy. Such formal disciplinary action shall be disclosed if it took
35
place in the 6 years prior to the date at which the FCA receives the regulatory
reference request (disciplinary actions that were issued before 1 November 2017 will
not be disclosed). Disciplinary action for cases of serious misconduct shall be
disclosed even if the misconduct occurred more than 6 years before the date on which
the FCA receives the regulatory reference request
• any reduction in compensation due to the individual because of any formal disciplinary
sanction having been issued against them. A reduction in such compensation will only
be disclosed if it occurred in the 6 years before the date on which the FCA receives
the regulatory reference request (but not if it occurred before 1 November 2017)
• in certain circumstances, the reference may also refer to the fact that the employee
resigned part-way through a disciplinary process before any conclusion was reached
or formal sanction issued
If new matters later come to light which, in the FCA’s reasonable opinion, render the original
reference materially inaccurate or incorrect or which the FCA reasonably considers would
have been included in the reference if they had been known about at the time (including
without limitation if new evidence of misconduct or serious misconduct comes to light), the
FCA reserves the right to update the original reference.
This policy has been introduced to reflect the fact the FCA requires regulated firms to
provide enhanced regulatory references in certain circumstances.
Confirmation of employment letters
For information about Confirmation of Employment letters for existing employees (eg for
visa applications or financial references), please see the Employment References section on
the Intranet.
1.13 Travel and expenses policy
You should be familiar with the travel and expenses policy on the Intranet, and all
employees should ensure that any out of pocket expenditure incurred on behalf of the
company should be submitted in the Workday expense module within 30 days of incurring
the cost and supported with the appropriate documentation. We will aim to pay all valid
approved expense claims within 7 days of managers electronic approval and will send back
via Workday any non-compliant claims within 3 working days of submission.
The travel and expenses Policy is comprehensive but it is not possible to set out the rules
to accommodate every situation. You must adhere to the express terms in this policy but
also exercise your judgement to ensure that all claims made are within the spirit of the
policy. You should consider your corporate responsibility and be sensitive as to what is
“reasonable” in view of the fact that the FCA is an independent public body, and considering
Freedom of Information Act requests (FOIA), Value for Money (VFM) and other disclosures.
If you are in any doubt, you should seek prior authorisation from your line manager or
guidance from the [email protected].uk
mailbox.
1.14 Environmental policy
We are committed to minimising our environmental impact and becoming a leading example
of a sustainable organisation. To achieve this we will maintain certification against the
international standard ISO 14001:2015 Environmental Management Systems and also
measure ourselves against the United Nations Sustainable Development Goals.
We review and publish our Environmental Policy statement annually which is approved by
our Chief Operating Officer.
Detailed information on sustainability is contained in the FCA’s Environmental Management
Strategy, which is available on the Environmental pages on the Intranet. The document
describes a systematic framework for managing the FCA’s environmental aspects and
impacts. It contains the policies, aims and objectives, resources, legislative constraints and
accountabilities necessary to achieve our goals.
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1.15 Dress code
You must wear appropriate business dress, which is fit for purpose, while at work and
outside working hours when representing the FCA. Importantly, colleagues must be able to
exercise choice and control over their appearance and wear clothing which is safe,
comfortable and appropriate both to the working environment and to their gender identity
and expression. While you have discretion to decide what appropriate dress is, line
managers retain responsibility for the interpretation and application of this.
1.16 Weekly timecards
To measure corporate, divisional and departmental performance, and to ensure compliance
with some of our health and safety obligations, all staff who meet the ‘Headcount’ definition
(i.e. all employees, secondees, contractors and long-term agency temps) must complete
weekly timecards on a timely and accurate basis. Data recorded should reflect actual hours
worked by activity performed and be submitted by close of business on the first working
day each week for the preceding week. If you are exempt from completing timecards, your
line manager will tell you.
1.17 Ordering goods and services
All orders for goods and services for the FCA are required to be made with an approved
purchase order. All suppliers should be advised to quote the purchase order number on
invoices and submit directly to the Accounts Payable department
account[email protected]rg.uk
.
Orders should be created for the total value of goods / services inclusive of VAT.
If the total value of a purchase exceeds £30,000 (incl. VAT) the ordering department must
contact the Procurement team before contacting the supplier.
1.18 Personal mail
Personal mail and packages can be sent to the FCA’s addresses, however we will not be
responsible for its safe delivery and it may be opened for security purposes. When personal
mail/packages are received the postroom will email you to inform you of your delivery, you
must collect your item within 1 week. You may not use the FCA’s stationery or postage for
personal correspondence, but may send personal mail from the office provided that you pay
for postage by affixing the appropriate stamp(s).
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2. DEVELOPING YOU
One of our values is Be Ambitious - the determination to maintain high
standards by challenging the status quo, delivering at pace, and being
prepared for the future. Consistent with this value, the FCA supports the
continuous development of its employees, enabled by the policies in this
section of the handbook.
2.1 Probation
We believe a probationary period is important. It gives the employee the opportunity to
understand what is required of them in their new role and to demonstrate the performance,
behaviours and attendance levels required.
It also gives the organisation an opportunity to provide any training and coaching required
and for the line manager and the employee to discuss progress in the role. The probation
period allows the employee to ascertain whether this is the right role for them, and the
FCA/PSR whether the employee is right for the role.
During the probationary period, you and your line manager should meet regularly to discuss
how you are settling into your new role, how things are going and to identify any support
that may be beneficial to the requirements of the role.
You will be required to complete a probationary period which is outlined in your contract of
employment after which, unless you are advised to the contrary, your
employment is confirmed.
If there are concerns about your performance, behaviour or attendance then your line
manager will talk to you about these and seek to identify ways to support you to address
such issues. The probationary period may be extended if your manager believes you need
more time to show that you meet the required standards. If your line manager feels that
insufficient progress is being made or that you are unable or unwilling to meet the
requirements of the role, your employment will be ended.
2.2 Performance and career development (PCD)
The performance of the FCA in delivering its strategic aims relies on the performance of our
people. We do this by ensuring that we have the right people, with the right capabilities, in
the right roles and by providing development opportunities so that our people can both
develop in role and progress their broader career aspirations.
At the FCA we use PCD to structure how we think and talk about work, and personal
development, so that people can deliver at their best, learn and develop in line with their
goals and career aspirations. Your objectives, job responsibilities and behaviours represent
a set of work standards, and these standards are the basis for your PCD conversations over
the course of the year. If you are unclear on the standards applicable to you, you should
work with your line manager to establish clarity and commitment.
PCD happens throughout the year. It is not a just a 6 monthly formal review but is a
continuous conversation between you and your line manager that often occurs through your
regular one to one meetings. We all have a responsibility to manage our own performance
through proactively seeking and learning from feedback and being open and honest in our
performance conversations.
As well as frequent conversations with your line manager, often through your one to ones,
we have 2 checkpoints (interim and year-end review) in the performance year in which we
formally evaluate performance and consider your longer-term development and career
aspirations.
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Performance at the FCA comprises of delivery against objectives and broader role
requirements and the extent to which your behaviour has aligned with our values. Strong
performance in one area cannot compensate for another. We all need to perform to
expectations across these areas.
As PCD is a continuous process, both you and your line manager need to have a clear
understanding of how you are performing throughout the year. There should be no surprises
at the formal check points. You should discuss with your line manager any support and
development opportunities you need to help you perform to the best of your ability.
If at any stage, there are concerns you are not performing satisfactorily, a performance
improvement plan may be put in place in accordance with the Performance Management
Procedure.
There are many opportunities within the FCA to develop your skills and knowledge both on
the job and through training and events. Further information about training, coaching,
mentoring and other support on offer can be found on the Intranet.
Your year-end performance rating helps inform decisions as part of the annual pay review.
Further details can be found on the Intranet.
2.3 Learning and development
We are committed to the development of our employees as part of our Employee Value
Proposition. Our internal and external development options and qualificationsprogrammes
support the development of colleagues in building the knowledge, skills and behaviours that
are important to the FCA in achieving our goals and mission. We also offer support in
obtaining formal qualifications or attending training or conferences. Please visit the relevant
Intranet
pages for further information.
Mandatory training
Alongside our commitment to continuous development, we also have mandatory training
for employees. These mandatory topics are very important areas of knowledge, skills and
behaviour. The topics include Health and Safety, Security, and Corporate Induction. Please
see the Intranet pages for a full list. All employees must complete mandatory training
assigned to them within the period specified. Non-compliance may result in disciplinary
action.
Investing time in your development
Time for development is readily available for all employees. We provide facilities and
resources to help you learn as well as time away from your role to attend training events,
locally arranged knowledge sharing sessions, formal programmes and, where appropriate,
time away from work for formal study.
Study leave is available for part-time, evening, distance learning and ‘block-release’ studies.
There must be a business case for any ‘block-release’ or other time away from normal
working hours, required as part of the study program.
On average, it is suggested that around 5 days paid study leave per annum would be
appropriate. However, for certain industry qualifications, additional time off work to attend
courses may be permitted.
Any proposed study leave should be agreed with your line manager before applying for the
course as there may be business reasons why study leave cannot be approved or why it
may be limited.
If you are undertaking study or training that you are paying for yourself, you have the right
to apply for time off to study or train. Approval cannot be guaranteed and again you should
39
discuss your study leave requirements with your line manager before committing yourself
to a course if possible. Further details can be found on the Intranet.
Sponsorship for full-time study is not available.
2.4 Time off for public duties
Employees are entitled to a reasonable amount of unpaid time off work to carry out the following
public duties:
• a magistrate (also known as a justice of the peace)
• a local councillor
• a school governor
• a member of any statutory tribunal (for example an employment tribunal)
• a member of the managing or governing body of an educational establishment
• a member of a health authority
• a member of a school council or board in Scotland
• a member of the Environment Agency or the Scottish Environment Protection agency
• a member of the prison independent monitoring boards (England or Wales) or a member of
the prison visiting committees (Scotland)
• a member of Scottish Water or a Water Customer Consultation Panel
• a trade union member (for trade union duties)
If you are unsure whether a public service that you perform is covered by this policy you should
speak to the HR Helpline.
As soon as you are aware that you will require time off for public service you should notify your line
manager in writing, providing full details of the time off you are requesting and the reasons for your
request. In order that arrangements can be made to cover your duties in your absence you should
make your request in good time (where possible at the beginning of each year).
Each request for time off will be considered by your line manager on its merits taking account of all
circumstances. This will include how much time is reasonably required for the activity, how much
time you have already taken, and how your absence will affect the organisation’s operations.
You must record your public duty absences via Workday, whether paid or unpaid, so that your
manager can monitor the level of absence. Line managers should refer any requests beyond the
guidelines set out in this policy to the HR Delivery Senior Manager. Although time off for public
duties, including membership of local authorities may be granted, you will not be granted time off to
engage in activities that support a political party. For example, to prepare, produce or distribute party
political literature
Other voluntary public duties
Certain public duties carry a statutory right to reasonable time off, but there is no legal obligation for
the time to be paid. Your line manager may need to use their discretion in some circumstances, but
our guidelines are as follows:
• magistrate duties and reserve forces activities: up to 10 days paid leave per year, in addition
to any entitlement under the Corporate responsibility volunteering policy
• other public duties (including Special Constables): up to 5 days unpaid leave per year, in
addition to any entitlement under the Corporate responsibility volunteering policy
Jury service
You should tell your line manager as soon as you are summoned for jury service and provide a copy
of your summons if requested.
Depending on operational demands, we may request that you apply to be excused from or defer your
jury service.
We are not required by law to pay you while you are absent on jury service. The Court will advise
you of the expenses and loss of earnings that you can claim. However, we will pay base salary to
employees on jury service less any amounts you can claim from the Court for loss of earnings.
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You should attend work on any days or half days when you are not required at Court.
3. REWARDING YOU
Our values are about setting high standards and holding ourselves to account
for effective delivery. In particular, we need to Be Ambitious and Act with
Integrity in order to build confidence and trust. At the FCA we aim for a high
performance culture where employees are rewarded not only for their
achievements but how they achieve them. The policies in this section of the
handbook are consistent with this values-led approach.
3.1 Salary and benefits policy
The FCA offers both financial and non-financial rewards as part of working at the FCA. The
focus is on rewarding those who consistently deliver against objectives, make a significant
overall contribution to the FCA’s regulatory goals, and demonstrate the values and
behaviours that the FCA expects and requires.
Elements of remuneration
All permanent and fixed-term employees are eligible to receive the following:
Base salary (‘pay’)
This is the salary for your role and determines all other benefits including pension
contribution made by the FCA, flexible benefits allowance, overtime (if
appropriate), A and sick pay. In addition, Performance Related Pay is determined
with reference to both your salary and performance rating.
The FCA sets its base salaries using benchmarking data for the financial and non-
financial sectors and the London and National geographical areas. As a general
principle, salaries at the FCA are around the median for the relevant career family
and grade level. This positioning is decided by a range of factors including, but
not limited to, experience, skills and affordability. In any group of employees, we
expect that there will be a range of salaries at, above and below the median of
any given salary range.
Your salary will be paid on 23rd of each month into the bank or building society
account you nominate. If the 23rd falls on a weekend or public holiday, your
salary will be paid on the previous working day. Your payslip is available online
through iPayview.
You must tell us about any changes to your bank or building society account by
updating Workday. Any changes will be effective from after the next payroll
processing cut-off date.
We reserve the right at any time and, in any event if your employment ends, to
deduct from your pay any amounts that you owe, regardless of the reason for
the amount owed. This can be from your base salary, annual leave pay, sick pay,
maternity/adoption or shared parental payments and any other type of pay.
Amounts that you owe may include season ticket loans or other loans, expenses
allowance, annual leave taken in excess of entitlement, repayment of training
expenses incurred under a sponsored study arrangement, a deficit of hours
under the flexitime scheme, estimated value of any FCA property damaged by
you, or the estimated value of any FCA property retained by you without
permission when you leave.
We also reserve the right to deduct from your pay an amount equal to any
allowance you receive while performing public service or on jury service.
Tax, National Insurance Contributions and any other statutory payments are
deducted from your pay on a regular basis. We have a statutory right to make
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other deductions from your pay, for example, if you owe money to the FCA due to
any overpayment of remuneration or expenses, or in response to a court order.
If you resign, you will receive your P45 in the post after your final salary payment.
You will be able to access your payslips on iPayview for up to 7 years.
Pension
The FCA operates a non-contributory pension plan for all employees that offers
pension benefits in the Money Purchase part of the Plan.
Core benefits
All employees receive some core benefits outside of the Flexible Benefits Plan. In
addition to core annual leave, these include life assurance, permanent health
assurance and private medical insurance.
Base salary and core benefits are contractual elements and form part of your Personal
Statement of Terms and Conditions of Employment.
Flexible benefits
The FCA operates a Flexible Benefits Plan under which you will receive an amount of
money each month (your ‘flex account’) which can be used for additional benefits to
suit your needs and lifestyle.
Adjusted salary
Your ‘adjusted salary’ is the term used to describe the amount that you are paid after
applying any increase or reduction to your base salary because of the choices you
have made for your Flexible Benefits Plan. If there are no adjustments resulting from
the Flexible Benefits Plan, your ‘adjusted salary’will be the same as your base salary.
For a full explanation of the Flexible Benefits Plan and how it works, please see the
Flexible Benefits Plan booklet.
Annual pay review including Performance Related Pay
Salaries are reviewed annually with any increases usually taking effect 1 April. Any
increase will be at the sole discretion of the FCA.
The specific eligibility criteria confirming which employees are eligible to participate
in the annual review will be set out each year in the annual pay review guidance.
We will confirm any increase in salary in writing. You will not be eligible to receive
any increase if you have given or received notice of termination of employment
before the 1 April.
Retention payments
The FCA recognises the need to identify and retain key skills to deliver our business
plan. In some situations we may consider an additional payment to retain certain
individuals.
3.2 Overtime policy
In certain circumstances, you may be entitled to payment for work performed outside your
normal working hours. Eligibility for overtime will be stated in your Personal Statement.
Currently only those on the Professional Support contractual grade who are in the
Professional Support or Senior Professional Support grade level are eligible for overtime.
Overtime will only be paid for pre-agreed project work or role-specific tasks that cannot be
carried out during normal working hours, and other exceptional circumstances as agreed
by your Director.
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The following applies to overtime payments:
•
you must get approval from your Director before working paid overtime
•
claims must be made monthly, for overtime worked in the previous month,
through Workday
•
payments will be made through the payroll (the cut-off date for inclusion in the
payroll is the first working day of the month)
•
eligible full time employees will not be paid for overtime until they have worked at
least 36 hours in a week, ie you must work 1 hour over your normal weekly working
hours to be able to claim pre-approved overtime
•
part time employees will be paid overtime at their normal hourly rate until they have
worked 36 hours in a week (the equivalent for full time employees)
•
once employees have worked 36 hours in a week, overtime payments will only be
made for overtime of more than 1 hour in any day and for each completed period
of 15 minutes worked thereafter, in accordance with the rates set out below
Overtime rates for Professional Support and Senior Professional Support grade
levels working 36 hours or more during 1 week
Monday to Friday 1.5 x pensionable salary hourly rate
Saturday, Sunday and Bank Holidays 2.0 x pensionable salary hourly rate
3.3 Out of hours working policy
Eligible Associates (with Associate benefits) in the Information Systems, Property &
Workplace, or Corporate Security departments, may be eligible to be considered for paid
overtime for out of hours working. Your Personal Statement will state whether you are
eligible to receive paid overtime. There is no automatic entitlement to work and be paid for
overtime.
Where possible, out-of-hours working, whether planned or unplanned, will be dealt with by
use of rota/staggered hours. Additional hours worked, which cannot be accommodated in
this way, will normally be compensated by time off in lieu. In exceptional circumstances,
if other methods have been ruled out, Directors may use their discretion to allow overtime
payments. Any overtime payments must be authorised by the Divisional Director before the
relevant work is started.
Payment arrangements are currently as follows:
Out of Hours Working
Monday to Friday • Time off in lieu wherever possible
•
If time off in lieu is not possible, after completion of 1
hour’s overtime in any 1 day, payment will be made
for
each completed period of 15 minutes worked, at 1.5
x
pensionable salary hourly rate. Payment will
not be
made for overtime of less than 1 hour in any day
Weekends (attendance
commencing between
midnight Friday and 5am
Monday) or public holidays
• A flat rate payment of £80 plus
• payment for each completed period of 15 minutes
worked, at 1.5 x pensionable salary hourly rate
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4. SUPPORTING YOU
We believe in the power of collaboration, have deep respect for differences
and recognise the benefits of active inclusion. These principles are embodied
in our values Work Inclusively and Connect & Deliver which underpin the
policies in this section of the handbook.
4.1 Corporate responsibility and diversity and inclusion
Corporate Responsibility (CR) at the FCA focuses on equality, diversity and inclusion (D&I),
community engagement, sustainability and charitable fundraising for our 2 official charities.
Commitment to diversity and inclusion
Our overall commitment to diversity and inclusion is set out in the FCA Business
Plan, diversity and inclusion strategy and objectives. All FCA staff are expected
to show this commitment, as a minimum, through the FCA Capability
Framework, and compliance with our Equal Opportunities and Respect at Work
Policy.
FCA senior management are expected to:
•
apply the Positive Action Framework in their daily management activities
to help the organisation achieve its diversity and inclusion goals
•
take seriously all complaints, whether raised informally or formally
through the Equality Complaints Procedure, and take appropriate action
•
protect anyone who makes a complaint in good faith about an equality
matter, or acts as a witness or supports a colleague
FCA staff, irrespective of job level, are expected to:
•
take personal responsibility for creating and maintaining a positive
working environment in which, discrimination, victimisation, bullying and
harassment are not tolerated, and where we treat each other with dignity
and respect
•
value difference and respect the contributions everyone makes to the FCA
•
have a good level of understanding of our D&I obligations and behave as
a representative of the FCA at all times, including the various ways we
interact with others, at work-related social events and on social
networking sites
•
include D&I priorities within our business operations, policies, training and
practices
•
demonstrate behaviours set out in the FCA Capability framework
•
undertake relevant D&I training (eg Diversity & Inclusion and Unconscious
Bias eLearning, Recruitment eLearning and Successful Interviewing
workshop)
•
support the FCA, when requested, in the investigation of any complaints
made under the Equality Complaints Procedure
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Volunteering
Employees can benefit from volunteering to build or practise new skills and
capabilities. Volunteering also gives individuals rich insights into different
communities which help us to better understand the communities we are part
of, and the people who benefit from effective regulation of financial services.
We encourage our people to participate in volunteering and reflect this by
allocating working hours to such initiatives. Full time employees can use up to
35 hours paid leave per financial year (pro-rated for part time employees), this
should be recorded under the iTime code: CR0002 Volunteering or Fundraising.
Please visit the Volunteering Pulse page for further information.
4.2 Equal opportunities and respect at work
We are committed to promoting equality, diversity and inclusion, providing a working
environment free from harassment and bullying and ensuring that all staff are treated, and
treat others with dignity and respect. To this end and to continue to make the FCA a positive
place to work we want all staff to be clear about the behaviours and actions that are
discriminatory and/or amount to bullying or harassment. We also want staff to feel
comfortable raising issues under this policy as soon as possible, so that we can provide
support and take appropriate action to resolve the situation.
You and job applicants will receive equal treatment regardless of age, disability, gender
reassignment, gender identity or expression, marital or civil partner status, pregnancy or
maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual
orientation (‘protected characteristics’).
This policy sets out our approach to equal opportunities and the avoidance and elimination
of discrimination at work. It applies to all aspects of employment including recruitment,
promotion, training, learning and development, access to facilities, reward and benefits,
flexible working, disciplinary, performance management and grievance procedures and
termination of employment. It also applies to the way in which we treat visitors, firms,
suppliers and former members of staff and covers behaviour both at work and out of the
workplace such as at work-related events or social functions.
We will not tolerate any form of discrimination based on any of the protected characteristics
or any bullying or harassment in any area of our work. All staff have a duty to treat
colleagues appropriately at all times.
This policy covers all individuals working for the FCA including all employees, contractors,
consultants, agency workers and interns.
Discrimination
You must not unlawfully discriminate against or harass other people including current and
former employees, job applicants, clients, customers, suppliers and visitors. This applies in
the workplace, outside the workplace (when dealing with firms, suppliers or other work-
related contacts), and on work-related trips or events including social events.
The following forms of discrimination are prohibited under this policy and are unlawful:
(i)
Direct discrimination: treating someone less favourably because of a protected
characteristic (actual, perceived or through association). For example, rejecting
a job applicant because of their religious views or because they might be gay.
(ii)
Indirect discrimination: a provision, criterion or practice that applies to
everyone but adversely affects people with a particular protected characteristic
more than others, and is not justified. For example, requiring a job to be done
full-time rather than part-time may adversely affect women because they
generally have greater childcare commitments than men. Such a requirement
would be discriminatory unless it can be justified.
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(iii)
Harassment: this includes sexual harassment and other unwanted physical,
verbal or non-verbal conduct related to a protected characteristic, which has the
purpose or effect of violating someone’s dignity or creating an intimidating,
hostile, degrading, humiliating or offensive environment for them. It also includes
treating someone less favourably because they have submitted or refused to
submit to such behaviour in the past.
(iv)
Victimisation: retaliation against someone who has complained or has
supported someone else’s complaint about discrimination or harassment.
(v)
Disability discrimination: this includes direct and indirect discrimination, any
unjustified less favourable treatment because of the effects of a disability, and
failure to make reasonable adjustments to alleviate disadvantages caused by a
disability.
Disabilities
If you are disabled or become disabled, we encourage you to tell us about your condition
so that we can support you as appropriate.
If you experience difficulties at work because of your disability, you may wish to contact
your line manager and the HR Helpline to discuss any reasonable adjustments that would
help overcome or minimise the difficulty. We may wish to consult with you and your medical
adviser about possible adjustments. We will consider the matter carefully and try to
accommodate your needs within reason. If we consider a particular adjustment would not
be reasonable we will explain our reasons and try to find an alternative solution where
possible.
We will monitor the physical features of our premises to consider whether they might place
anyone with a disability at a substantial disadvantage. Where necessary, we will take
reasonable steps to improve access.
Harassment
A single incident can amount to harassment. Harassment is unacceptable even if it does
not fall within any of the protected characteristic categories.
Examples of harassment may include:
• unwanted physical contact ranging from touching to serious sexual or physical assault
- invading someone’s personal space may amount to harassment
• verbal conduct such as sexist, racist, ageist, homophobic, biphobic and/or
transphobic comments or innuendo; derogatory remarks about any individual or
group with one of the protected characteristics; offensive slogans, insults, comments
of a personal nature; suggestive remarks, nicknames, inappropriate ‘banter’, jokes
or language
• spreading rumours or gossip including speculating about someone’s sexual
orientation or gender identity or outing them
• purposefully ignoring someone’s preferred pronoun
• unwanted non-verbal conduct, including sexually suggestive behaviour and/or
gestures, staring and leering, or other unwanted sexual attention or advances
• the display, storage or circulation of offensive material (including information held on
or accessed by computer) by whatever means
• conduct that threatens, ridicules, intimidates or abuses, undermines or undervalues
an individual including derogatory or degrading remarks or insults, offensive
comments about appearance or dress, spreading malicious rumours
• open aggression, obscenities, uncontrolled anger
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• suggestions that sexual favours may result in career advancement or some other
employment benefit (or that refusal of such suggestions may result in some form of
detriment)
• unfair treatment, which might include deliberately excluding someone from social
activities because they have or are perceived to have a protected characteristic or
associate with a person who does
Bullying
Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of
power that can make a person feel vulnerable, upset, humiliated, undermined or
threatened. Power does not always mean being in a position of authority, but can include
both personal strength and the power to coerce through fear or intimidation.
Bullying can take the form of physical, verbal and non-verbal conduct. Bullying may include,
by way of example:
• physical or psychological threats
• overbearing and intimidating levels of supervision
• inappropriate derogatory remarks about someone’s performance
Legitimate, reasonable and constructive criticism of a worker’s performance or behaviour,
or reasonable instructions given to workers during their employment, will not amount to
bullying on their own.
Complaints and support available
You may experience or witness behaviours from an individual or group that you feel are
unacceptable as set out in this policy. The Equality Complaints Procedure outlines various
options available to you to raise concerns. We believe that, wherever possible, issues are
best dealt with promptly and informally in the first instance.
Neither discrimination, bullying nor harassment will be tolerated by the FCA. Employees
found to have discriminated, bullied and/or harassed are likely to face disciplinary action
under our Disciplinary Procedure. Such conduct may amount to gross misconduct resulting
in dismissal.
There must be no victimisation or retaliation against staff who complain about
discrimination. However, making a false allegation deliberately and in bad faith will be
treated as misconduct and dealt with under our Disciplinary Procedure.
4.3 Trans inclusion policy
We are committed to having a diverse and engaged workforce and recognise the need to
respond to the differing needs of all our staff. We understand the importance of affording
everyone dignity and respect in order that individuals feel included, add value and can
flourish, fulfilling their potential without fear of discrimination, harassment or victimisation.
This policy is designed to assist in the recruitment and retention of trans individuals and
provide information and support for all employees regarding trans, non-binary and gender
identity.
Many individuals have an innate sense of being male or female, their gender identity
matches their sex assigned at birth and they do not have any questions over their gender
identity. However, there are a number of individuals whose gender identity does not match
the sex they were assigned at birth and they may identify themselves as trans, non-binary
and/or gender non-conforming. Some may undergo the process of aligning their life and/or
physical identity to match their gender identity, and this is called transitioning.
Individuals all view themselves and their experience in a unique way, and will have personal
preferences in terms of language, but for this policy, we use the umbrella term ‘trans’.
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We will seek to ensure that we:
•
address any specific needs of our trans and non-binary staff throughout their
employment (with specific, but not exclusive, reference to recruitment and
transitioning at work)
•
support any member of staff as they transition. Guidance is available on the Intranet
under HR Essentials
•
raise awareness and understanding among our wider staff group about trans, non-
binary and gender identity, so that there is better insight in supporting staff with
confidence
•
treat all our staff as individuals without the need to reference gender identity or
transgender
•
undertake Equality Impact Assessments with specific reference to trans issues
All staff have a duty to act in accordance with this policy and to treat colleagues
appropriately at all times and not to discriminate against, harass or victimise others,
regardless of their status. Please make sure you are aware of your obligations in the
Corporate Responsibility and diversity and inclusion policy.
Complaints related to this policy should be raised under the Equality Complaints Procedure.
If complaints are about the conduct of third party agents or organisations who supply staff
to the FCA, these issues will be raised with the relevant individual’s employer to agree
appropriate action.
4.4 Equality complaints procedure
Our Equal Opportunities and Respect at Work policy confirms our commitment to eliminating
discrimination, victimisation, harassment (as defined by the Equality Act 2010) and bullying.
Our Corporate Responsibility and diversity and inclusion policy outlines our expectations of
employees in their behaviours to others through the FCA’s Capability Framework.
If you feel you have been unlawfully discriminated against, or are the subject of bullying,
harassment or victimisation, we encourage you to raise this as soon as possible. If we are
made aware of the issues, we can address them appropriately, while providing you with the
level of support that you need to address the situation. We understand that experiencing
such situations can be difficult and upsetting. We want to provide a framework for dealing
with such complaints in a way that makes you feel more comfortable.
This procedure explains in detail where you can get help and suggests several ways that
you can raise any incidents that you experience or witness, either informally or as a formal
complaint.
This procedure is separate from, but complementary to, our Grievance Procedure which is
used for other employment-related complaints that are not connected to an
equality/bullying matter. If your complaint contains elements that could relate to either
Procedure, we will follow the Equality Complaints Procedure.
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Informal steps
If you believe you have been discriminated against or are being harassed or bullied, you
should consider whether you feel able to raise the problem with the person informally.
You should speak to the person as soon after the event as possible, and explain clearly to
them that their behaviour is not welcome or makes you uncomfortable. If this is too difficult
or embarrassing, you should speak to your line manager or the HR Helpline, who can give
confidential advice and assistance in resolving the issue formally or informally. Other
options for resolving the matter informally include speaking to the person on your behalf,
or a facilitated meeting between you and the other person led by an impartial third party
such as a member of the HR Division.
If you are not certain whether an incident or series of incidents amounts to discrimination,
bullying or harassment, you should initially contact the HR Helpline, the Equal Opportunities
Officer, the FCA’s Employee Assistance Programm
e or an SCC Representative for
confidential advice. Other sources of support include a member of an appropriate staff
network group or a trusted colleague.
If informal steps are not appropriate, or have been unsuccessful, you should follow the
formal procedure set out below.
Stage 1: Raising a formal complaint
If you wish to make a formal complaint, you should complete a grievance form and submit
it to the Employee Relations team who will appoint an appropriate manager to hear your
complaint. Grievance forms are available from the HR Helpline.
Your written complaint should set out:
• full details of the conduct in question
• the name of the perpetrator(s)
• the date and time and where such conduct occurred
• the names of any witnesses
• any action that has been taken so far to attempt to stop the conduct from occurring
As a general principle, the decision whether to progress a complaint is up to you. However,
we have a duty to protect all employees and may pursue the matter independently if, in all
the circumstances, we consider it appropriate to do so.
Investigation
We will take all complaints seriously, and investigate them sensitively, and in a timely and
confidential manner. The investigation will be supported by a member of the HR team. The
investigation should be thorough, impartial and objective, and carried out with sensitivity
and respect for the rights of all parties concerned.
We will meet with you as soon as practicable so that you can explain your account of events.
Ideally this will be within 10 working days of receiving your written complaint, subject to
any prerequisite investigation and the investigator’s availability. We may arrange further
meetings with you as appropriate throughout the investigation. The meeting will be digitally
recorded and you will be sent a copy of the transcript after the meeting.
We will also meet with the person who is the subject of your complaint to hear their account
of events. They have a right to be told the details of the allegations against them, so that
they can respond.
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It may be necessary to interview witnesses to any of the incidents mentioned in your
complaint.
At the end of the investigation, we will produce a letter or report which sets out the findings
and the outcome of the investigation and any recommendations. We will usually arrange a
meeting with you to discuss the outcome and any action that is considered appropriate in
the circumstances. We will aim to hold the meeting as soon as reasonably practicable -
ideally within 20 working days of the investigation meeting with you. However, each case
is different and there may be complexities which necessitate tailored and extended timelines
to ensure a comprehensive investigation takes place. There may also be occasions where key
participants in the process are not available, sometimes due to absence or pre- planned
leave. In such cases, we will let you know and we will make every effort to complete the
process as quickly as possible.
The outcome
If your complaint is upheld in whole or in part, prompt action will be taken to address it.
Where the perpetrator is an employee, the matter may be dealt with as a case of possible
misconduct or gross misconduct under our Disciplinary Procedure. If they are a third party
such as a supplier or other visitor, we will consider what action is appropriate.
Whether or not your complaint is upheld, we will consider how best to manage the working
relationship between you and the person concerned. We may consider it appropriate to
arrange some form of mediation and/or counselling or to change the working arrangements
of one or both parties.
Stage 2: Appeal
If you are not satisfied with the outcome you may appeal in writing to the Equal
Opportunities Officer, stating your full grounds of appeal, within 10 working days of the
date on which the decision was sent or given to you.
In your appeal submission, you should make it clear what areas of the original investigation
you believe should be reconsidered. Suitable grounds for an appeal could include insufficient
investigation of a point, failure to interview key witnesses, failure to consider evidence,
failure to address an area outlined in the initial grievance, or a misunderstanding of evidence
provided.
The Equal Opportunities Officer may nominate an appropriate manager to hear the appeal
who has not been previously involved in the case.
A meeting will be held with you to discuss the grounds of your appeal. This will usually take
place within 10 working days of receipt of your written appeal, subject to the need to carry
out any further investigations arising from your grounds of appeal and the availability of
the relevant individuals.
We will confirm our final decision in writing as soon as practicable, ideally within 20 working
days of the appeal meeting, subject to the complexity of the investigation and the
availability of key participants in the process. This is the end of the procedure and there is
no further right to appeal.
Right to be accompanied
You may bring a companion to any meeting under this procedure. The companion may be
either an SCC Representative, another FCA colleague (not a member of HR) or a trade union
representative. You should tell the assisting HR representative who your companion is in
advance of the meeting.
If your chosen companion is not available for the meeting and will not be available for more
than 5 working days afterwards, we may ask you to choose someone else.
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Protection and support for those involved
Participating in an investigation process, whether as a complainant, witness or respondent,
can be a stressful and emotionally challenging time. We encourage you to seek support
from your SCC Representative or our Employee Assistance Programme
if you need someone
to talk to.
Where your complaint is about an employee, we will consider whether it is appropriate to
make any temporary changes to working arrangements pending the outcome of the
investigation. For example, it may be appropriate to make changes to your duties, your
working hours and/or your place of work or those of the person about whom you have
complained to minimise contact between you during the investigation. Although our decision
regarding any such changes will be final, as far as reasonably practical, we will seek to
agree a suitable solution with all parties.
Where your complaint is about someone other than an employee, such as a contractor,
supplier or visitor, we will consider what action may be appropriate to protect you and
anyone involved pending the outcome of the investigation. This will bear in mind the
reasonable needs of the FCA and the rights of that person. Where appropriate, we will
attempt to discuss the matter with the third party.
Employees who make complaints or who participate in good faith in any investigation under
this procedure must not suffer any form of retaliation or victimisation as a result. Anyone
found to have retaliated against or victimised someone in this way will be subject to
disciplinary action under our Disciplinary Procedure.
If you believe you have suffered any such treatment, either during or after the investigation,
you should inform your line manager, the HR Helpline, or the HR representative who
assisted with the investigation, who will be able to advise you on next steps.
Information about a complaint and any investigation must be treated as confidential by all
the employees involved.
Anybody who deliberately gives false information, attempts to interfere with the conduct of
the investigation, or otherwise acts in bad faith as part of an investigation may be subject
to action under our Disciplinary Procedure.
4.5 Grievance procedure
We understand that sometimes employees may be unhappy about aspects of their working
life. This procedure applies to all employees regardless of length of service and provides a
framework for addressing any grievances relating to employment fairly and without
unreasonable delay.
Using this procedure
Issues that could cause grievances may include:
• terms and conditions of employment
• work relations
• working practices
• working environment
• organisational change
This Grievance Procedure should not be used to complain about dismissal or disciplinary
action. If you are dissatisfied with any disciplinary action, you should submit an appeal
under the Disciplinary Procedure.
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We have a separate Equality Complaints Procedure if you have been the victim of
discrimination, bullying or harassment. If your complaint contains elements that could relate
to either procedure, we will use the Equality Complaints Procedure to hear your complaint.
We have a separate Whistleblowing Policy to enable employees to report illegal activities,
wrongdoing or malpractice. However, if you feel you have been victimised for an act of
whistleblowing, you may raise the matter under this Grievance Procedure.
Raising grievances informally
Most grievances can be resolved quickly and informally. In the first instance you should
discuss your concerns with your immediate line manager. If you feel unable to speak to
your line manager then you should contact your line manager’s manager or the HR Helpline.
If this does not resolve the issue you should follow the formal procedure below.
Formal written grievances
Stage 1:
To raise a formal grievance you must complete a grievance form and submit full details of
your grievance to the Employee Relations team. Grievance forms are available from the HR
Helpline.
An appropriate manager will be appointed and a meeting will be arranged for you to explain
and discuss your concerns. The manager will be supported by an HR representative. We will
aim to hold the meeting as soon as reasonably practicable, ideally within 10 working days
of receiving your written grievance, subject to the availability of relevant individuals and
any prerequisite investigation. We will digitally record the meeting and send you a copy of
the transcript.
The amount of any investigation required will depend on the nature of the allegations and
will vary from case to case. It may be necessary to interview witnesses to verify the details
mentioned in your complaint.
We will write to you following the final grievance meeting to inform you of the outcome of
your grievance and any action that we intend to take to resolve the grievance. We will aim
to write to you as soon as reasonably practicable, ideally within 20 working days of the
investigation meeting with you. As each case is different, there may be circumstances where
additional time is required. For example, due to the complexities involved, the level of
investigation required and the availability of key individuals. In such cases, we will let you
know and we will make every effort to complete the process as quickly as possible.
Stage 2:
If the grievance has not been resolved to your satisfaction you may appeal in writing to the
Employee Relations Manager stating your full grounds of appeal. An appeal must be
submitted within 10 working days of the date on which the decision was sent or given to
you. The Employee Relations Manager will then appoint an appropriate manager who has
not previously been involved in the case to hear your appeal, as well as an appropriate HR
representative to assist the investigation.
In your appeal submission, you should make it clear what areas of the original investigation
you believe should be reconsidered. Suitable grounds for an appeal could include insufficient
investigation of a point, failure to interview key witnesses, failure to consider evidence,
failure to address an area outlined in the initial grievance, or a misunderstanding of evidence
provided.
We will hold an appeal hearing to discuss your appeal as soon as reasonably practicable.
The meeting will be digitally recorded and a copy of the transcript will be sent you after the
meeting. We will make a decision and confirm it in writing as soon as practicable,
ideally
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within 20 working days of the appeal meeting, subject to any further investigation that may
be required. This decision will be final and there is no further right to appeal.
Right to be accompanied
You may bring a companion to any meeting under this procedure. The companion may be
either an SCC Representative, another FCA colleague (not a member of HR) or a trade union
representative. You should tell the assisting HR representative who your companion is in
advance of the meeting.
If your chosen companion is not available for the meeting and will not be available for more
than 5 working days afterwards, we may ask you to choose someone else.
Protection and support for those involved
Participating in an investigation process, whether as a complainant, witness or respondent,
can be a stressful and emotionally challenging time. We encourage you to seek support
from your SCC Representative or our Employee Assistance Programme if you need someone
to talk to.
Employees who make complaints or who participate in good faith in any investigation under
this procedure must not suffer any form of retaliation or victimisation as a result. Anyone
found to have retaliated against or victimised someone in this way will be subject to
disciplinary action under our Disciplinary Procedure.
If you believe you have suffered any such treatment, either during or after the investigation,
you should inform your line manager or HR representative who will be able to advise you
on next steps.
Information about an investigation or disciplinary matter must be treated as confidential by
all parties.
Any person who deliberately provides false information, attempts to interfere with the
conduct of the investigation, or otherwise acts in bad faith as part of an investigation may
be subject to action under our Disciplinary Procedure.
4.6 Disciplinary procedure
The aims of this Disciplinary Procedure are to provide a framework within which managers
can work with employees to maintain satisfactory standards of conduct and to encourage
improvement where necessary.
This procedure is used to deal with misconduct. It does not apply to cases involving genuine
sickness absence, proposed redundancies or poor performance. If you have difficulty at any
stage of the procedure because of a disability, you should discuss this with a member of HR
as soon as possible.
Misconduct
Examples of general misconduct include (but are not limited to):
• persistent poor time keeping
• failure to accurately record time/absences on time
• unauthorised absence and/or poor attendance record
• breach of the Information and systems acceptable use Policy
• failure to observe FCA procedures
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• unreasonable refusal to follow reasonable instructions or work requests issued by a
manager
• failing to deal promptly, efficiently and politely with third parties with whom you have
dealings on behalf of the FCA
• rude or abusive behaviour
• failure to maintain effective working relationships
• failure to complete mandatory training
Gross misconduct
Examples of gross misconduct include (but are not limited to):
• fraud, theft, dishonesty or obtaining or attempting to obtain an advantage at the
expense of the FCA or any person, firm or organisation that is regulated by the FCA
• offering or accepting bribes under the Bribery Act 2010
• falsification of records, reports, accounts, expense claims or self-certification forms
• physical assault of another employee or member of the public
• damage to or deliberate misuse of company property including use of the Internet
• being under the influence of alcohol, drugs or other substances that impair
performance or conduct while at work (including attending any event, whether social
or otherwise at FCA premises or elsewhere)
• being convicted of any criminal offence (whether or not relating to employment),
which in the opinion of the FCA, seriously undermines the FCA’s confidence in you
• deliberate acts of discrimination, harassment, victimisation or bullying or instructing
or aiding someone to commit an act of discrimination, harassment, victimisation or
bullying in breach of the Equality of Opportunity Policy
• making false statements about one’s own or another employee’s work, the
falsification of working papers, or the making of any statements likely to be
detrimental to the reputation of the FCA
• misuse of the Whistleblowing Policy by knowingly raising false and malicious
allegations
• subjecting a colleague to a detriment or otherwise victimising a colleague who has
raised concerns, made a complaint or given evidence or information under the
Whistleblowing Policy or under any other FCA policy or procedure
• repeated failure to comply with a reasonable work request including the request to
complete mandatory training
• breach of the FCA’s Conflict of Interests policy
• bringing the FCA into disrepute
Investigations
An investigation allows us to establish a fair and balanced view of the facts about any
disciplinary allegations against you, before deciding whether to proceed with a disciplinary
hearing. The amount of investigation required will depend on the nature of the allegations
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and will vary from case to case. In some cases, an independent manager or member of the
HR Division will be appointed to investigate the allegations. It may involve interviewing and
taking statements from you and any witnesses, and/or reviewing relevant documents.
Where appropriate, we reserve the right to move straight to a disciplinary hearing.
Investigative interviews are solely for fact-finding and no decision on disciplinary action will
be taken until after a disciplinary hearing has been held. We will record investigation
meetings and any subsequent formal meeting that falls under this policy. A copy of the
transcript will be provided to you afterwards.
You must co-operate fully and promptly in any investigation. This includes informing us of
the names of any relevant witnesses, disclosing any relevant documents to us and attending
investigative interviews if required.
Criminal allegations
Where your conduct is the subject of a criminal investigation, charge or conviction we will
investigate the facts before deciding whether to take formal disciplinary action.
We will not usually wait for the outcome of any prosecution before deciding what action, if
any, to take. If you are unable or have been advised not to attend a disciplinary hearing or
say anything about a pending criminal matter, we may have to take a decision based on
the available evidence.
A criminal investigation, charge or conviction relating to conduct outside work may be
treated as a disciplinary matter if we consider that it is relevant to your employment.
Suspension
In some circumstances we may need to suspend you from work. The suspension will be for
no longer than is necessary to investigate the allegations and we will confirm the
arrangements to you in writing. While suspended you should not visit our premises or
contact any of our firms, suppliers, contractors or staff, unless you have been authorised to
do so.
Suspension of this kind is not a disciplinary penalty and does not imply that any decision
has already been made about the allegations.
Notification of a disciplinary hearing
If we consider there are grounds for disciplinary action, you will be required to attend a
disciplinary hearing. We will inform you in writing of the allegations against you, the basis
for those allegations, and the likely range of consequences if we decide after the hearing
that the allegations are true.
We will give you written notice of the date, time and place of the disciplinary hearing. The
hearing will be held as soon as reasonably practicable, but you will be given at least 3
working days’ notice of the meeting in order to prepare your case based on the information
we have given you. If you fail to attend without good reason, or are persistently unable to
do so (for example, for health reasons), we may offer you the opportunity to make written
submissions and hold the disciplinary hearing in your absence.
Right to be accompanied
You may bring a companion to any meeting under this procedure. The companion may be
either an SCC Representative, another FCA colleague (not a member of HR) or a trade union
representative. You should tell the assisting HR representative who your companion is in
advance of the meeting.
If your chosen companion is not available for the meeting and will not be available for more
than 5 working days afterwards, we may ask you to choose someone else.
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Procedure at disciplinary hearings
If you or your companion cannot attend the hearing you should inform us immediately and
we will arrange an alternative time. You must make every effort to attend the hearing, and
failure to attend without good reason may be treated as misconduct in itself. If you fail to
attend without good reason, or are persistently unable to do so (for example for health
reasons), we may have to take a decision based on the available evidence.
The hearing will usually be chaired by a line manager, a Head of Department or a Director
depending on your contractual grade and the nature of the allegations.
At the disciplinary hearing we will go through the allegations against you and the evidence
that has been gathered. You will be able to respond and present any evidence of your own.
Your companion may make representations to us and ask questions, but should not answer
questions on your behalf. You may confer privately with your companion at any time during
the hearing.
We may adjourn the disciplinary hearing if we need to carry out any further investigations
such as re-interviewing witnesses in the light of any new points you have raised at the
hearing. You will be given a reasonable opportunity to consider any new information
obtained before the hearing is reconvened.
We will inform you in writing of our decision and our reasons for it as soon as practicable.
Disciplinary penalties
The usual penalties for misconduct are set out below. Each case will be assessed on its own
merits.
You will not normally be dismissed for a first act of misconduct, unless we decide it amounts
to gross misconduct or you have not yet completed your probationary period.
Stage 1 - First written warning: it will usually be appropriate for a first act of misconduct
where there are no other active written warnings on your disciplinary record.
Stage 2 - Final written warning: it will usually be appropriate for:
(i)
misconduct where there is already an active written warning on your record
(ii)
misconduct that we consider sufficiently serious to warrant a final written
warning even though there are no other active warnings on your record
Stage 3 - Dismissal: it will usually only be appropriate for:
(i)
any misconduct during your probationary period
(ii)
further misconduct where there is an active final written warning on your record
(iii)
any gross misconduct regardless of whether there are active warnings on your
record. Gross misconduct will usually result in immediate dismissal without
notice or payment in lieu of notice (summary dismissal).
Alternatives to dismissal: in some cases we may, at our discretion, consider alternatives
to dismissal. These may be accompanied by a final written warning. Examples include:
• demotion
• transfer to another department or job
• a period of suspension without pay
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• loss of seniority
• reduction in pay
• loss of future pay increment
• loss of overtime
The effect of a warning
Written warnings will set out the nature of the misconduct, the change in behaviour
required, the period for which the warning will remain active, and the likely consequences
of further misconduct in that active period.
A first written warning will usually remain active for 6 months and a final written warning
will usually remain active for 12 months.
We will keep a record of the warning on file but once it expires we will disregard it for
disciplinary purposes.
Please see the FCA’s Reference Policy about the disclosure of formal disciplinary sanctions
in any enhanced reference given by the FCA in response to a request from a regulated firm
for a regulatory reference. In certain circumstances, the reference may also refer to the
fact that the employee resigned part-way through a disciplinary process before any
conclusion was reached or formal sanction issued. Further information can be found in the
Reference Policy.
Appeals
If you feel that disciplinary action taken against you is wrong or unjust you should appeal
in writing, stating your full grounds of appeal, to the Employee Relations Manager within 5
working days of the date on which you were informed of the decision.
In your appeal submission, you should make it clear what areas of the original investigation
you believe should be reconsidered. Suitable grounds for an appeal could include insufficient
investigation of a point, failure to interview key witnesses, failure to consider evidence, or
a misunderstanding of evidence provided.
If you are appealing against dismissal, the date on which dismissal takes effect will not be
delayed pending the outcome of the appeal. However, if your appeal is successful you will
be reinstated with no loss of continuity of employment or pay.
The Employee Relations Manager will be responsible for appointing an appropriate person
who has not been previously involved in the case to hear your appeal. The appeal meeting
will usually take place within 10 working days of receipt of your written appeal. We will give
you at least 3 working days’ written notice of the date, time and place of the appeal hearing.
The appeal hearing may be a complete re-hearing of the matter or it may be a review of
the fairness of the original decision in the light of the procedure that was followed and any
new information. This will be at our discretion depending on the circumstances of your case.
In any event the appeal will be dealt with as impartially as possible.
If we need to investigate further in the light of new points you have raised at the hearing
we may adjourn the appeal hearing. You will be given a reasonable opportunity to consider
any new information before the hearing is reconvened.
Following the appeal hearing we may confirm the original decision, revoke the original
decision or substitute a different penalty.
We will inform you in writing of our final decision as soon as practicable. If possible we will
also explain this to you in person. There will be no further right of appeal.
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Information about an investigation or disciplinary matter must be treated as confidential by
all parties.
4.7 Performance management procedure
The primary aim of this procedure is to provide a framework within which managers can
work with employees to maintain satisfactory performance standards and to encourage
improvement where necessary.
It is our policy to ensure that concerns over performance are dealt with fairly and that steps
are taken to establish the facts and to give employees the opportunity to respond at a
hearing before any formal action is taken.
Identifying performance issues
In the first instance, performance issues should normally be dealt with informally between
you and your line manager as part of day-to-day management. Where appropriate, a note
of any such informal discussions should be kept. The formal procedure should be used for
more serious cases, or in any case where an earlier informal discussion and intervention
has not resulted in a satisfactory improvement. Informal discussions should help:
(i)
clarify the required standards
(ii)
identify areas of concern
(iii)
establish the likely causes of poor performance and identify any training needs
(iv)
set targets for improvement and a time-scale for review
Employees will not normally be dismissed for performance reasons without previous
warnings. However, in serious cases of gross negligence, or in any case involving an
employee who has not yet completed their probationary period, dismissal without previous
warnings may be appropriate.
Formal stage
Notification of a performance review meeting
If we consider that there are grounds for taking formal action over alleged poor
performance, you will be required to attend a performance review meeting. We will notify
you in writing of our concerns over your performance, the reasons for those concerns, and
the likely outcome if we decide after the meeting that your performance has been
unsatisfactory. We will also include copies or a summary of any relevant information where
appropriate.
We will give you written notice of the date, time and place of the performance review
meeting. The meeting will be held as soon as reasonably practicable, but you will be given
a reasonable amount of time (at least 3 working days) to prepare your case based on the
information we have given you. We will digitally record the meeting and a copy of the
transcript will be sent to you.
Right to be accompanied
You may bring a companion to any meeting under this procedure. The companion may be
either an SCC Representative, another FCA colleague (not a member of HR) or a trade union
representative. You should tell the assisting HR representative who your companion is in
advance of the meeting.
If your chosen companion is not available for the meeting and will not be available for more
than 5 working days afterwards, we may ask you to choose someone else.
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Procedure at performance review meetings
If you cannot attend the performance review meeting you should inform us immediately
and we will usually arrange an alternative time. You must make every effort to attend the
meeting, and failure to attend without good reason may be treated as misconduct.
If you fail to attend without good reason, or are persistently unable to do so (for example,
for health reasons), we may have to take a decision based on the available evidence
including any written submissions you have made.
The meeting will normally be held by your line manager and will normally be attended by a
member of the HR Division.
The aims of a performance review meeting usually include:
(i)
setting out the required standards that we believe you may have failed to meet,
and going through any relevant evidence that we have gathered
(ii)
allowing you to ask questions, present evidence, respond to evidence and make
representations
(iii)
establishing the likely causes of poor performance including any reasons why
any measures taken so far have not led to the required improvement
(iv)
identifying whether there are further measures, such as additional training or
supervision, which may improve performance
(v)
where appropriate, discussing targets for improvement and a time-scale for
review
(vi)
if dismissal is a possibility, establishing whether there is any likelihood of a
significant improvement being made within a reasonable time and whether there
is any practical alternative to dismissal
A performance review meeting may be adjourned if we need to gather any further
information or consider matters discussed at the meeting.
We will inform you in writing of our decision and our reasons for it, as soon as practicable
after the performance review meeting.
The FCA’s formal performance management procedure has 3 stages. In most situations the
procedure will move from one stage to the next. There may, however, be occasions where
this will not be the case and the process may start at any stage, including the third (and
final) performance review meeting.
While any written warning is active, you are required to disclose the matter as part of any
internal recruitment process, should you decide to apply for an advertised role.
Stage 1 performance review meeting: first written warning
Following a stage 1 performance review meeting, if we decide that your performance is
unsatisfactory, we will give you a first written warning setting out:
(i)
the areas in which you have not met the required performance standards
(ii)
targets for improvement
(iii)
any measures, such as additional training or supervision, which will be taken
with a view to improving performance
(iv)
a period for review
(v)
the consequences of failing to improve within the review period, or of further
unsatisfactory performance
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The warning will normally remain active for 6 months. A record of the warning will be kept
on file but it will be disregarded for any future performance review proceedings after 6
months.
Your performance will be monitored during the review period and we will write to inform
you of the outcome:
(i)
if your line manager is satisfied with your performance, no further action will be
taken
(ii)
if there has been insufficient improvement, the matter may be progressed to a
stage 2 performance review meeting
(iii)
if there has been a substantial but insufficient improvement, the review period
may be extended
Stage 2 performance review meeting: final written warning
If your performance does not improve within the review period as discussed with your line
manager, or if there is further evidence of poor performance while your first written warning
is still active, we may decide to hold a stage 2 performance review meeting. We will send
you written notification as set out above.
Following a stage 2 performance review meeting, if we decide that your performance is
unsatisfactory, we will give you a final written warning, setting out:
(i)
the areas in which you have not met the required performance standards
(ii)
targets for improvement
(iii)
any measures, such as additional training or supervision, which will be taken
with a view to improving performance
(iv)
a period for review
(v)
the consequences of failing to improve within the review period, or of further
unsatisfactory performance
A final written warning will normally remain active for 12 months. A record of the warning
will be kept on file but it will be disregarded in any future performance review proceedings
after 12 months. Your performance will be monitored during the review period and we will
write to inform you of the outcome:
(i)
if your line manager is satisfied with your performance, no further action will be
taken
(ii)
if your line manager feels there has been insufficient improvement, the matter
may be progressed to a stage 3 performance review meeting
(iii)
if the manager feels that there has been a substantial but insufficient
improvement, the review period may be extended
Stage 3 performance review meeting: dismissal or redeployment
We may hold a stage 3 performance review meeting if we believe:
(i)
your performance has not improved sufficiently within the review period set out
in a final written warning
(ii)
your performance is unsatisfactory while a final written warning is still active
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(iii)
your performance has been grossly negligent such as to warrant dismissal
without the need for a final written warning
(iv)
your performance has sufficiently serious consequences for the FCA
We will send you written notification of the meeting.
Following the performance review meeting, if we find that your performance is
unsatisfactory, we may consider a range of options including:
(i)
dismissal
(ii)
extending an active final written warning and setting a further review period (in
exceptional cases where we believe a substantial improvement is likely within
the review period)
(iii)
issuing a final written warning (where no final written warning is currently
active);
(iv)
redeployment to an alternative suitable role, if one is available.
Dismissal will normally be with full notice or payment in lieu of notice, unless your
performance has been so negligent as to amount to gross misconduct, in which case we
may dismiss you without notice or any pay in lieu.
Appeals against action for poor performance
If you feel that disciplinary action taken against you is wrong or unjust you should appeal
in writing, stating your full grounds of appeal, to the Employee Relations Manager within 5
working days of the date on which you were informed of the decision.
If you are appealing against dismissal, the date on which dismissal takes effect will not be
delayed pending the outcome of the appeal. However, if your appeal is successful you will
be reinstated with no loss of continuity or pay.
The Employee Relations Manager will be responsible for appointing an appropriate person
to hear your appeal. This will usually take place within 10 working days of receipt of your
written appeal. We will give you at least 3 working days’ written notice of the date, time
and place of the appeal hearing.
A member of the HR Division will also be present at the appeal hearing. You may bring a
companion with you to the appeal hearing (see above).
A hearing may be adjourned if we need to gather any further information or consider
matters discussed at the hearing. You will be given a reasonable opportunity to consider
any new information before the hearing is reconvened.
Following the appeal hearing we may:
(i)
confirm the original decision
(ii)
revoke the original decision
(iii)
substitute a different penalty
We will inform you in writing of our final decision as soon as practicable following the appeal
hearing. If possible we will also explain this to you in person. There will be no furtherright
of appeal.
Information about a performance review procedure must be treated as confidential by all
parties.
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4.8 Redundancy policy
The FCA will always try to avoid the need for compulsory redundancies but sometimes these
may be necessary. If a redundancy situation does arise, our priority is to find alternative
roles for affected employees.
Avoiding redundancies
We will always consider steps to minimise potential redundancies. Examples include:
• minimising the use of temporary and agency staff
• restricting recruitment
• providing retraining or redeployment to potentially affected employees
• any other appropriate steps taking into account the circumstances and operational
requirements
Making compulsory redundancies
When it is not possible to avoid making compulsory redundancies, we will advise all affected
employees and, where appropriate, the Staff Consultative Committee (‘SCC’) that
compulsory redundancies cannot be avoided. We will consult the SCC on the procedure that
will then be followed and the criteria that will be applied.
In carrying out any redundancy exercise we will not discriminate directly or indirectly on
grounds of gender, sexual orientation, marital or civil partner status, gender reassignment,
gender identity or expression, race, colour, nationality, ethnic or national origin, religion or
belief, disability or age. Part-time employees and those working under fixed-term contracts
will not be treated differently to permanent, full-time comparators.
The criteria used to select those employees who will potentially be made redundant will be
objective, transparent and fair and based on the skills required to meet our existing and
anticipated business needs.
We will also consult individually with those employees who have been provisionally selected
for redundancy.
Where selection for redundancy is confirmed, employees selected for redundancy will be
given notice of termination of employment in accordance with their contracts and written
confirmation of the payments that they will receive. Employees will be given the opportunity
to appeal against this decision.
We will continue to look for alternative employment for redundant employees and inform
them of any vacancies that we have until the date their employment is terminated. How
potentially redundant employees will be invited to apply for and be interviewed for vacancies
will be organised depending on the circumstances existing at the time. Alternative
employment may be offered subject to a trial period where appropriate.
Enhanced redundancy payments
If your role is confirmed as redundant and the FCA is not able to offer you alternative
employment, a discretionary enhanced redundancy payment (inclusive of any statutory
redundancy payment) will normally be granted subject to you signing a settlement
agreement under which you agree to waive any legal claims you may have against the FCA.
For a settlement agreement to be valid it is a legal requirement for you to take independent
legal advice on its terms and effect. The FCA will contribute towards your legal fees in this
regard.
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The FCA’s priority is always to avoid redundancies and to retain its talent. To this end, we
will work with you to identify alternative employment. You are expected to properly consider
all offers of alternative employment. If we consider that you have unreasonably failed to
co-operate with the redeployment process (including taking part in any trial period) you
may cease to be eligible for any enhanced redundancy payment. A refusal or rejection of a
role may also forfeit your entitlement to a statutory redundancy payment.
Re-employment
The FCA will not re-employ an individual who has been made redundant from the FCA within
a 12 month period from the date of termination of employment. Any re-employment beyond
a 12 month period will require the prior approval of the HR Director and the Chief Operating
Officer.
4.9 Parents and carers
All the FCA's parents and carers policies apply to all eligible employees regardless of sexual
orientation, gender identity or gender expression.
To help safeguard our systems and to ensure the most cost-effective management of our
IT equipment supply, our default position is that all IT equipment should be returned before
an extended period (60 days or more) of absence commences. You will still be able to access
most of our systems without your FCA/PSR assigned laptop (or mobile phone) through
BYOD. This will enable you to, for example, read news circulars, check latest job vacancies,
or interact with colleagues.
If you are taking parental leave (i.e. Maternity Leave, Adoption Leave, Unpaid Parental
Leave, or Shared Parental Leave) and have agreed with your line manager to keep your
laptop during this period of leave, you will need to login to your device regularly (at least
once every 14 days), to ensure your device isn’t disabled and receives all the regular
updates. Further information can be found in the
Access during Long Term Absence
guidance.
Please note unless you are carrying out work during a KIT day you should not complete any
other work during your leave as this may unintentionally trigger the end of your leave
period.
4.9.1
Maternity policy
We want to support all pregnant employees and help them prepare for the arrival
of their baby. The information below explains what we offer in terms of time off,
pay and support. Our policy includes statutory requirements as well as more
generous occupational benefits.
You and your partner may also be eligible for Shared Parental Leave which gives
you flexibility to share the leave and pay available after birth. However, you must
take a period of 2 weeks’ compulsory maternity leave first.
You should inform us as soon as possible that you are pregnant. This is important
as there may be health and safety considerations. Please do this by submitting
a Family Leave (Maternity) request via the absence area in Workday with your
intended maternity leave dates so that HR can provide you with more information
on the maternity process. The request will not go to your line manager, however
your line manager will receive a notification from Workday to inform them that
their direct report has submitted a Family Leave (Maternity) request and that we
have been notified of a pregnancy. The request will also be recorded in your
absence record, which your line manager will be able to view
The purpose of informing your line manager of a Family Leave (Maternity)
request and the notification of a pregnancy is so that they can conduct a
Maternity Risk Assessment with you. This is a requirement by law which will
identify any preventative and protective measures which we need to take.
Depending on the outcome of the assessment, an onward referral may be
necessary into our occupational health service. We will take necessary steps to
avoid any risks identified which affect your health and safety as an expectant or
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new mother, or that of your baby.
Please see the maternity leave flowchart below for the key information:
64
Process for taking maternity leave
Your Intended Start Date, as
notified to us in accordance
with this policy.
If you are absent from work
with a pregnancy related
illness during the 4 weeks
before your EWC, unless we
agree to delay it. You must
notify us in writing as soon
as possible.
The day after you give birth
if this date is before your
maternity leave was due to
start. You must let us know
the date of birth in writing
as soon as possible.
You are entitled to 52 weeks of maternity leave, regardless of your length of service. This is
divided into 26 weeks of ordinary maternity leave (‘OML’) and 26 weeks of additional maternity
leave (‘AML’) which must be taken immediately after OML.
You are legally prohibited from working during the 2 weeks following childbirth.
Before the end of the 15th week before the week that you expect to give birth (‘Qualifying
Week’), or as soon as reasonably practical afterwards, you must inform HR:
• that you are pregnant
• the week, starting on a Sunday, in which your doctor or midwife expects you to give
birth (‘Expected Week of Childbirth – EWC’)
• the date on which you intend to start your maternity leave (‘Intended Start Date’)
You must provide a certificate from a doctor or midwife (usually a MATB1 form) confirming your
EWC.
You are entitled to reasonable paid time off during normal working hours for antenatal care,
irrespective of your length of service.
• Antenatal care includes medical appointments and others made on the advice of a registered
medical practitioner, doctor, nurse, midwife or health visitor (eg parenting classes)
• Please give your manager as much notice as possible of the times when you will be absent from
work. Your manager may ask to see confirmation of the appointment or supporting
documentation.
• It is also helpful if you can try to arrange appointments as near to the start or the end of the
working day as possible.
Shortly before your maternity leave starts, your line
manager will discuss with you the arrangement for
covering your work and the opportunities for you to
remain in contact, should you wish to do so, during
your leave.
You must give 28 days’ notice of
any change to your Intended
Start Date, or give this notice as
soon as reasonably practicable.
The earliest start date for maternity leave is the beginning of the 11
th
week before the EWC.
Your leave will start on the earliest of:
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Maternity pay
Statutory Maternity Pay (SMP) is payable for up to 39 weeks. It stops being
payable if you return to work (except where you are simply keeping in touch).
You are entitled to SMP if:
(i)
you have been continuously employed for at least 26 weeks at the
end of the Qualifying Week and are still employed by us during
that week;
(ii)
your average weekly earnings during the 8 weeks ending with the
Qualifying Week (the Relevant Period) are not less than thelower
earnings limit set by the government;
(iii)
you provide us with a doctor’s or midwife’s certificate (MAT B1
form) stating your Expected Week of Childbirth (EWC);
(iv)
you give at least 28 days’ notice (or, if that is not possible, as
much notice as you can) of your intention to take maternity leave;
and
(v)
you are still pregnant 11 weeks before the start of the EWC or
have already given birth
SMP is calculated as follows:
(i)
the first 6 weeks: SMP is paid at the Earnings-Related Rate of 90%
of your average weekly earnings calculated over the Relevant
Period
(ii)
the remaining 33 weeks: SMP is paid at the Prescribed Rate which
is set by the government for the relevant tax year, or the Earnings-
Related Rate if this is lower
If you do not qualify for SMP you may be entitled to claim state Maternity
Allowance. The HR Helpline will give you information on how to make a claim.
Occupational maternity pay
If you qualify for SMP, we will enhance this to 100% pay in the first 20 weeks of
your maternity leave.
Repayment of season ticket loans during maternity leave
Repayments of any season ticket loans will continue to be deducted on a monthly
basis from your maternity pay.
Terms and conditions during OML and AML
All the terms and conditions of your employment remain in force during OML and
AML, except for the terms relating to pay. In particular:
(i)
any period of maternity leave (OML and AML) counts as a period
of continuous employment for statutory and contractual purposes
(ii)
the contractual benefits in kind which you were receiving
immediately before you began your maternity leave will continue
(iii)
annual leave entitlement under your contract will continue to
accrue. You should use up your accrued annual leave before you
start OML or before you return to work at the end of your
leave
66
period (where possible in the same holiday year) before returning
to work, ie add your annual leave onto the end of OML or AML
(iv)
we will continue to pay contributions to the FCA Pension Plan on
your behalf for the duration of your maternity leave
Please see the Salary and Benefits Policy for further information about the annual
pay review in connection with maternity leave.
Keeping in touch
During your maternity leave you may use Keeping in Touch (KIT) days to keep
up to date with what has been happening whilst you have been out of the office,
to attend a training course or meeting; to complete a project or to help you
settle back into work gradually at the end of your maternity leave.
You may work for up to 10 days during maternity leave without bringing your
maternity leave or SMP to an end (Keeping in Touch or KIT Day). This is not
compulsory, however, how and when you use your KIT days must be discussed
and mutually agreed with your line manager. Your manager must enter your KIT
days in workday in order to receive payment. In any case, you must not work in
the 2 weeks following birth.
Returning from maternity leave
Once you have notified us via Workday of your intended start date of maternity
leave, we will send you an acknowledgment email with further information and
timelines. If your start date has been changed (either because you gave us notice
to change it, or because maternity leave started early due to illness or premature
childbirth) we will send you an email within 28 days of the start of maternity
leave with a revised expected return date.
Shortly before you are due to return to work, we may invite you to have a
discussion (whether in person or by telephone) about the arrangements for your
return.
If you wish to return to work earlier than originally intended, you need to give
your manager at least 8 weeks’ written notice, so we can prepare for your return.
You must also inform the HR Helpline by emailing HR Helpline before the 1st
working day of the month you intend to return to work so that your salary can
be reinstated.
If you wish to return later than the expected return date, you should either:
(i)
request unpaid parental leave in accordance with our Parental
Leave Policy, giving us as much notice as possible
(ii)
request paid annual leave in accordance with your contract, which
will be at our discretion
If you are unable to return to work due to sickness or injury, this will be treated
as sickness absence and our Sickness Absence Policy will apply.
Deciding not to return
If you do not intend to return to work, or are unsure, it is helpful if you discuss
this with us as early as possible. If you decide not to return you should give
notice of resignation in accordance with your contract. The amount of maternity
leave left to run when you give notice must be at least equal to your contractual
notice period, otherwise we may require you to return to work for the remainder
of the notice period.
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Once you have given notice that you will not be returning to work, you cannot
change your mind without our agreement.
Your rights when you return
If you have taken OML, you have the right to return to the same job as you
held before starting leave. However, you may be given a different job of equal
standing and on no less favourable terms if you have taken any period of AML;
shared parental leave which when combined with maternity leave amounts to
total leave of more than 26 weeks; or any period of at least 4 weeks’ parental
leave in addition to OML, and it is not reasonably practicable for us to allow
you to return to the same job.
Breastfeeding
We provide facilities to those who are breastfeeding and need to express milk
during the working day. If you are based in Stratford, you can use the nursing
suite in the wellbeing suite.
Flexible working
If you wish to vary your working pattern on return from maternity leave, we will
consider your request in line with the Flexible Working Policy. You might wish to
mention to your manager before you go on maternity leave that you are
interested in applying to work flexibly on your return. Bear in mind that you may
need to attend meetings at the office so that your request can be properly
considered. If you want the changes to take effect on your return from maternity
leave, you should make your application in good time before your return, using
the flexible working request application form which the HR Helpline will be able
to send to you or you can access the application form in Workday
- About Me
during your maternity leave.
4.9.2
Paternity leave policy
The FCA is committed to supporting all spouses, civil partners, and partners
during and after the birth or adoption of a child.
Time off for accompanying a pregnant person for antenatal care
You may take paid time off during your normal working hours to attend up to 2
antenatal appointments if you are going to be the parent of that child. Please
give your manager as much notice as possible. You may be required to provide
confirmation of the appointment.
Paternity leave
Please see the flowchart below for key information:
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Process for taking paternity leave
You are entitled to three weeks of paternity leave (please see next section for pay
eligibility), regardless of your length of service. This can be taken in separate one-week
blocks.
Paternity leave can be taken at any time in the 52 weeks after birth/placement.
You are eligible for FCA enhanced paternity pay (inclusive of Statutory Paternity Pay) if:
• you have continuous employment for 26 weeks ending with the 15
th
week before the baby
is due (or the week in which the adopter is notified in writing of being matched with a
child)
and:
• you are the child’s biological father or the partner/spouse of the mother or of someone who
had been matched with a child as the Primary Adopter by an adoption agency,
• you have or expect to have main responsibility (with the child’s mother or co-adopter)
for the child’s upbringing, or
• are the child’s biological father and expect to have some responsibility for the child’s
upbringing.
If the above requirements are not met, you will not be eligible for either enhanced or statutory
paternity pay during your paternity leave.
You will not be eligible for paternity leave if you have already taken SPL for the same child or if
you decide to take adoption leave in adoption cases.
You should inform your line manager as soon as possible on your intention to take paternity
leave. You must raise a paternity leave request via Workday giving at least 28 days’ notice or
as soon as you reasonably can stating:
• the EWC or expected placement date;
• the date on which you would like leave to commence; and
• the duration of the leave (1, 2 or 3 weeks)
As soon as possible after your baby’s birth you should inform the HR Helpline in writing of the
actual date of birth. In the case of adoption, as soon as possible after the placement of your child
you should inform HR in writing of the actual date of placement.
If you intend to take SPL straight after your paternity leave please notify us at the same time or
at least 8 weeks before you intend to start your SPL. See the SPL flowchart for more information.
You may vary the start date of your paternity leave by updating this in Workday . You are required
to provide the following notice:
• if you wish to start your leave on the day of the child’s birth or on the day that the child
is placed with you or the adopter, at least 28 days before the first day of the EWC or
the expected placement date;
• if you wish to start your leave on a specified number of days after the child’s birth or
placement, at least 28 days (minus the specified number of days) before the first day
of the EWC or the expected placement;
• if you wish to start your leave on a specific date that is different to the original start
date you informed us of, at least 28 days before that date.
If the above notice is not possible, you must give notice as soon as is reasonably practicable.
You cannot take paternity leave before the birth of your baby or placement of your child.
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Paternity pay and terms and conditions during paternity leave
Subject to the eligibility requirements set out in the flow chart, if you take
paternity leave in accordance with this policy, you will be entitled to receive
Statutory Paternity Pay (SPP) if you have average weekly earnings at or above
the lower earnings limit set by the government. Where you are eligible to receive
SPP, the FCA offers an enhanced paternity pay scheme of 100% of your salary
(inclusive of SPP) for up to 3 weeks. Your contract of employment and benefits
will continue throughout the paternity leave.
Shared parental leave
In some cases, you may be eligible to opt into the shared parental leave scheme
which gives you and your partner more flexibility to share the leave and pay
available in the first year. Details are in our shared parental leave policy.
Flexible working
On returning to work, you may want to consider a more flexible working
arrangement to help manage the demands of family and work. You should
discuss this with your manager before you go on paternity leave. If you would
like to change your working arrangements on return from paternity leave, you
should make a request in line with the flexible working policy in good time before
you would like the arrangement to start, using the flexible working request
application form in Workday About Me.
4.9.3
Adoption and surrogacy policy
We want to support adoptive and surrogate parents during and after the adoption
or surrogacy process. Our policy includes statutory requirements as well as
enhanced benefits which we are committed to providing.
If you are the primary adopter, you can take leave in accordance with this policy.
If you are the partner of the primary adopter, you may take leave in accordance
with the paternity leave policy.
Adoption leave process
Please see the flowchart below:
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Process for taking adoption leave
Adoption: you are entitled to adoption leave if you meet
all the following conditions:
• you are adopting a child through a UK adoption
agency, or you are a local authority ('LA') foster
parent who has been approved as a prospective
adopter;
•
the adoption agency or LA has given you written
notice that it has matched you with a child, or that
it will be placing a child with you under a fostering
for adoption arrangement, and tells you the date the
child is expected to be placed into your care
(Expected Placement Date ('EPD')); and
• you have notified the agency that you agree to the
child being placed with you on the EPD.
If you are adopting through an overseas agency please
contact HR for information.
Surrogacy:
you are entitled to
adoption leave if all the following
conditions are met:
• a surrogate mother gives birth
to a child who is biologically your
child, the child of your spouse or
partner, or the child of both of
you; and
• you expect to be given parental
responsibility for the child under
a parental order from the court.
The child must live with you and
you must apply for the parental
order within 6 months of the
child's birth.
You are entitled to 52 weeks of adoption leave, regardless of your length of service. This is
divided into 26 weeks of ordinary adoption leave (‘OAL’) and 26 weeks of additional adoption
leave (‘AAL’) which must be taken immediately after OAL.
Only 1 parent can take adoption leave. If your spouse or partner takes adoption leave with their
employer you will not be entitled to adoption leave but you may be entitled to paternity leave
and/or SPL.
Notification of surrogacy: You must
raise an adoption leave request via
workday
specifying the expected week of
childbirth ('EWC') and the Expected
Return Date. You must provide us with
this information by the end of the 15th
week before the EWC, or as soon as is
reasonably practicable.
We will write to you within 28 days of
receiving your notification to confirm
your leave dates.
When the child is born you must tell us
the date of birth.
You are entitled to reasonable paid time off during normal working hours to attend up to 5 adoption
appointments (appointments arranged for you to have contact with a child who is to be placed with
you for adoption, meetings relating to placement, panel meetings or for any other purpose related to
adoption) irrespective of your length of service.
For surrogacy cases, you may take paid time off to attend 2 meetings with the birth mother or to
attend antenatal appointments with her.
• If you are adopting more than one child under the same process, this is treated as 1 adoption
and will not increase the number of appointments you can take time off to attend.
• Please give your manager as much notice as possible of the times when you will be absent from
work. Your manager may ask to see confirmation of the appointment or supporting
documentation.
• It is also helpful if you can try to arrange appointments as near to the start or the end of the
working day as possible.
• Your manager may ask to see your appointment card before time off is agreed.
Notification of adoption: No more than 7 days after
the agency or LA notifies you in writing that it has
matched you with a child (or as soon as reasonably
practicable), you must raise an adoption leave request
via workday specifying:
• the EPD;
• your intended start date for adoption leave
(Intended Start Date (ISD)); and
• the date that you expect to return to work
(Expected Return Date).
We will write to you within 28 days to confirm your leave
dates. You must provide us with a copy of the matching
certificate issued by the adoption agency once you
receive it.
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Shortly before your adoption leave starts your line manager will discuss with you the arrangements
for covering your work and the opportunities for you to remain in contact, should you wish to do so,
during your leave.
Adoption pay and terms and conditions during adoption leave
Statutory adoption pay (SAP) is payable for up to 39 weeks. It stops being
payable if you return to work sooner or if the placement is disrupted. You are
entitled to SAP if:
(i)
you have been continuously employed for at least 26 weeks ending
with the week in which the agency notified you that you had been
matched with the child (Qualifying Week) and are still employed
by us during that week;
(ii)
your average weekly earnings during the 8 weeks ending with the
Qualifying Week (Relevant Period) are not less than the lower
earnings limit set by the government; and
(iii)
you have given us the relevant notifications set out above.
SAP is calculated as follows:
(i)
the first 6 weeks: SAP is paid at the Earnings-related rate of 90%
of your average earnings over the Relevant Period;
(ii)
the remaining 33 weeks: SAP is paid at the Prescribed Rate which
is set by the government for the relevant tax year, or the Earnings-
related rate if this is lower.
If you qualify for SAP, we will enhance this to 100% pay in the first 20 weeks of
OAL.
All the terms and conditions of your employment remain in force during OAL and
AAL, except for the terms relating to pay. In particular:
(i)
any period of adoption leave (OAL and AAL) counts as a period of
continuous employment for statutory and contractual purposes
(ii)
benefits in kind will continue
(iii)
annual leave entitlement under your contract will continue to
accrue. You should use up your accrued annual leave before you
start OAL or before you to return to work at the end of your leave
period (where possible in the same holiday year) before returning
to work
(iv)
we will continue to pay contributions to the FCA Pension Plan on
your behalf for the duration of adoption leave
Adoption: OAL may start on a predetermined
date up to 14 days before the EPD, or on the date
of placement itself, but no later. If you want to
change your ISD please update this in workday.
You should give at least 28 days before the
original ISD (or the new ISD if you are bringing
the date forward). We will then write to you
within 28 days to confirm your amended leave
dates
Surrogacy: OAL will start on the day the
child is born, unless you are at work, in which
case it will start on the following day. You
cannot change the start date.
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Please see the Salary and Benefits Policy for more information on the annual pay
review in connection with adoption leave.
Keeping in touch
We would like to keep in touch with you from time to time during your adoption
leave and your line manager will discuss the arrangements of this with you prior
to the commencement of your leave.
You may work (including attending training) for up to 10 days, paid at your
normal daily rate, during adoption leave without bringing your adoption leave to
an end (Keeping in Touch or KIT Days). This is not compulsory and must be
discussed and agreed with your line manager.
Disrupted placements
If your child’s placement ends during the adoption leave period, you will be able
to continue adoption leave for up to 8 weeks after the end of the placement.
Returning from adoption leave
Shortly before you are due to return to work, we may invite you to have a
discussion (whether in person or by telephone) about the arrangements for your
return. We will expect you back at work on your expected return date unless you
tell us otherwise.
If you wish to return to work earlier than the expected return date, you need to
give your manager at least 8 weeks’ advance written notice.
If you wish to return later than the expected return date, you should either:
(i)
request unpaid parental leave in accordance with our Parental
Leave Policy, giving us as much notice as possible; or
(ii)
request paid annual leave in accordance with your contract, which
will be at our discretion
If you are unable to return to work due to sickness or injury, this will be treated
as sickness absence and our Sickness Absence Policy will apply.
Deciding not to return
If you do not intend to return to work, or are unsure, it is helpful if you discuss
this with us as early as possible. If you decide not to return you should give
notice of resignation in accordance with your contract. The amount of adoption
leave left to run when you give notice must be at least equal to your contractual
notice period, otherwise we may require you to return to work for the remainder
of the notice period.
Once you have given notice that you will not be returning to work, you cannot
change your mind without our agreement.
Your rights when you return
Where you have taken OAL, you have the right to return to the same job as you
held before commencing leave. However, you may be given a different job of
equal standing and on no less favourable terms if you have taken any period of
AAL; shared parental leave which when combined with adoption leave amounts
to total leave of more than 26 weeks; or any period of at least 4 weeks’ parental
leave in addition to OAL, and it is not reasonably practicable for us to allow you
to return to the same job.
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Flexible working
If you wish to vary your working pattern on return from adoption leave, we will
consider your request in line with the Flexible Working Policy. You might wish to
mention to your manager before you go on adoption leave that you are interested
in applying to work flexibly on your return. Bear in mind that you may need to
attend meetings at the office so that your request can be properly considered. If
you want the changes to take effect on your return from adoption leave, you
should make your application in good time before your return, using the flexible
working request application form which the HR Helpline will be able to send to
you or you can access the application form in Workday - About Me during your
adoption leave.
4.9.4
Shared parental leave
Shared Parental Leave (SPL) enables eligible parents to choose how to share the
care of their child during the first year after the child’s birth or adoption. Its
purpose is to give parents more flexibility in considering how to best care for
their child.
This policy sets out the rights and responsibilities of eligible employees who wish
to take SPL and receive Shared Parental Pay (ShPP). Both parents should ensure
that they liaise with their respective employer as early as possible.
Definitions
The following definitions are used in this policy:
Adopter means an individual who has had or will have a child placed with them
for adoption by an adoption agency as the ‘primary’ adopter and who is eligible
for statutory adoption leave and/or statutory adoption pay (SAP).
Expected Week of Childbirth (EWC) means the week, beginning on a Sunday,
during which the Mother’s doctor or midwife expects her to give birth.
Mother means the mother or expectant mother of the child who is entitled to
statutory maternity leave, statutory maternity pay (SMP) or maternity allowance
(MA).
Partner means one of two people who will share the main responsibility for the
child’s upbringing who is the spouse, civil partner or someone living with you in
an enduring family relationship, but not your sibling, child, parent, grandparent,
grandchild, aunt, uncle, niece or nephew.
Placement Date means the date on which the child is placed for adoption.
Qualifying Week means the week, starting on a Sunday, during which the
adoption agency notifies you that you have been matched with a child for
adoption.
Entitlement
SPL can only be shared between the Mother/Adopter of the child and their
Partner. Both the Mother/Adopter and Partner must share the main responsibility
for the care of the child at the time of the birth/placement for adoption.
To take SPL, you must satisfy the eligibility criteria. To see if you are eligible,
use the eligibility flowchart on the following page:
74
Has the child’s Mother
ended or given notice to
curtail her maternity
leave (or pay if she’s not
entitled to maternity
leave)?
Eligibility for SPL
Do you have at least 26 weeks continuous’ service with
the FCA at the end of the 15
th
week before the child’s
EWC (in birth cases) or at the end of the Qualifying
Week (in adoption cases) AND
will you still be employed by the FCA in the week before
the leave is to be taken?
Has your partner worked (either in an employed or self-
employed capacity) for at least 26 of the 66 weeks
(does not need to be 26 continuous weeks) before the
EWC (in birth cases) or before the Qualifying Week (in
adoption cases) and had average weekly earnings of
£30 during 13 of those weeks?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes Yes
Yes
Yes
If you are the
child’s Mother,
do you/will you
share the main
responsibility
for the care of
the child with
your partner?
If you are the
Mother’s
Partner, do
you/will you
share the main
responsibility for
the care of the
child with the
child’s Mother?
If you are the
Adopter, do
you/will you
share the main
responsibility for
the care of the
child with your
Partner?
If you are the
Adopter’s
partner, do
you/will you share
the main
responsibility for
the care of the child
with the child’s
mother?
Are you entitled
to adoption
leave?
Have you given
the FCA a
notice of
entitlement and
intention to
take SPL?
Have you given
the FCA a
notice of
entitlement and
intention to
take SPL?
You are eligible
for SPL
You are eligible
for SPL
You are eligible
for SPL
You are eligible
for SPL
Have you ended
or given notice
to curtail your
adoption leave?
Has the Adopter ended
or given notice to curtail
their adoption leave (or
pay if they’re not entitled
to adoption leave)?
Is the Adopter entitled to
adoption leave and/or
statutory adoption pay?
Is the child’s Mother
entitled to maternity
leave and/or statutory
maternity pay or
maternity allowance?
The
Employment
and Earnings
Test
The
Continuity
Test
Are you entitled
to maternity
leave?
Yes
Have you
ended or given
notice to curtail
your maternity
leave?
Yes
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Amount of SPL available
The total amount of SPL available is 52 weeks less the weeks spent by the
Mother/Adopter on maternity or adoption leave (or the weeks in which the
mother has been in receipt of SMP or MA or SAP).
When can SPL start?
SPL can start as follows:
• In birth cases - the Mother can take SPL after taking the
compulsory 2 weeks of maternity leave following the birth of the
child.
• In adoption cases - the Adopter can take SPL after taking at least
2 weeks of adoption leave.
• The Partner can take SPL at any time following the birth/placement
of the child, but may first choose to exhaust any paternity leave
entitlements (as this entitlement will be lost if SPL is taken first).
Where a Mother/Adopter gives notice to end their
maternity/adoption leave at a specified future date the Partner can
take SPL while the Mother/Adopter is still using their
maternity/adoption entitlements.
SPL will generally commence on your chosen start date as specified on your
booking notice (see Booking flowchart below) or in any subsequent variation
notice.
How can SPL be taken?
You must take any SPL within 52 weeks of the birth/placement of the child. Any
SPL not taken before the first birthday or first anniversary of placement for
adoption is lost.
SPL can only be taken in complete weeks but may begin on any day of the week.
You can request to take SPL as 1 continuous period or as a number of
discontinuous periods of leave.
A continuous period of leave means a number of weeks taken in a single
unbroken period (for example, 6 weeks in a row). If you request a continuous
period of leave, you have the right to take this leave as long as you meet the
eligibility and notice requirements.
A discontinuous period of leave means a set number of weeks of leave over a
period of time, with breaks between the leave where you return to work (for
example, an arrangement where you will take 6 weeks of SPL and work every
other week for a period of 3 months). We will consider any request for
discontinuous leave in line with the process set out below.
Notification requirements
If you are considering taking SPL you are encouraged to contact the HR Helpline
to arrange an informal discussion as early as possible regarding your potential
entitlement, to talk about your plans and to enable us to support you.
There are 3 written notifications that must be made. Please see the relevant
Notification flowchart and the Booking flowchart.
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SPL notifications - Mother or primary Adopter
Key:
M = child’s mother
P = child’s father or M’s
partner
ER = FCA
SPL = Shared Parental Leave
ShPP = Shared Parental Pay
The curtailment notice must be in writing
and specify a date that is:
at least 1 day after the end of
the compulsory maternity
or adoption period; and
at least 8 weeks after the date
you provide the written
curtailment notice
The opt-in notice must include:
M and P’s names
start and end date of any
maternity or adoption leave
total amount of SPL available
expected week of childbirth
how much SPL M and P intend
to take
M’s indicative start and end
dates for SPL
It must also include a signed declaration
from M confirming that you meet the
eligibility criteria and the information in
the notice is accurate.
If the entitlement notice is given before
birth, P must notify ER of the date of birth
as soon as reasonably practicable and in
any event before taking the first period of
SPL/ShPP.
No
Yes
You must serve an 'opt-in'
entitlement notice not less
than 8 weeks before the start
date of the first period of SPL,
signed by both M and P.
You must serve a curtailment
notice ending your maternity
leave or adoption leave no later
than 8 weeks before you want
your maternity leave to end. This
can be served before birth or the
date of placement.
Agree with your partner how much
of the remaining 50 weeks’ SPL
and 37 weeks ShPP you will each
take.
You must take 2 weeks maternity
leave or adoption leave.
Take maternity leave as
per current arrangements
(up to 52 weeks’ leave,
39 weeks’ pay).
Do you wish to take SPL?
Serve a booking notice with
definite dates during which you
would like to take leave. This
should be served at least 8
weeks before you want SPL to
start.
See flowchart ‘Process for
booking SPL’ for more
information.
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SPL notifications - child’s father or Mother’s Partner
No
Key:
M = child’s mother
P = child’s father or M’s
partner
ER = P’s employer
SPL = Shared Parental Leave
ShPP = Shared Parental Pay
Do you wish to take SPL?
Yes
You may take 3 weeks paternity
or adoption leave in addition to
SPL.
M must serve a curtailment
notice ending her maternity leave
no later than 8 weeks before M
wants her maternity leave to end.
This can be served before birth.
Agree with your partner how much
of the remaining 50 weeks’ SPL
and 37 weeks ShPP you will each
take.
Serve a “booking notice” with
definite dates during which you
would like to take leave. This
should be served at least 8
weeks before you want SPL to
start.
See flowchart ‘Process for
booking shared parental leave’
for more information.
The curtailment notice must be in writing
and specify a date that is:
at least 1 day after the end of
the compulsory maternity or
adoption leave period; and
at least 8 weeks after the date
you provide the written
curtailment notice
P must serve an ‘opt-in’
entitlement notice to ER, not
less than 8 weeks before the
start of the first period of SPL.
The opt-in notice must include:
M and P’s names
start and end date of any
maternity leave
total amount of SPL available
expected week of childbirth
how much SPL M and P intend
to take
M’s indicative start and end
dates for SPL
It must also include a signed declaration
from M confirming that you meet the
eligibility criteria and the information in
the notice is accurate.
If the entitlement notice is given before
birth, P must notify ER of the date of birth
as soon as reasonably practicable and in
any event before taking the first period of
SPL/ShPP.
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You may withdraw notice no
later than the 15
th
day after it
was given.
Have you withdrawn notice in
the time allowed?
Booking SPL
Yes
No
Yes
No
SPL starts on the start
date of the first period
of leave in the original
booking notice.
Have you notified your
manager of start date
in the permitted
timeframe?
SPL begins on the date
notified
The total amount of leave
requested must be taken in one
continuous period, even if your
initial request was for multiple
periods of leave.
You may notify your manager
of the date you want SPL to
start no later than the 18
th
day
after the original booking
notice was given. The start
date must not be less than 8
weeks after the original notice
was given.
Where the booking notice covers a
single period of leave, SPL begins on
the date stated in the booking notice.
On or before the 13
th
day after
the day the booking notice was
given, has your manager
agreed the leave requested or
agreed alternative dates with
you?
Yes
No
Did you withdraw
No
notice before your
manager agreed either
the dates in the
booking notice or
alternative dates?
Yes
Not less than 8 weeks before the start of any period of SPL: you must give a booking notice of
your intention to take a period of SPL setting out start and end dates of each period of SPL
requested in that notice. You may submit up to 3 separate booking notices, although notice to
vary or cancel a period of leave will count as one of your booking notices in most cases.
SPL begins on the
dates stated in the
booking notice or the
alternative date
agreed with your
manager.
we can agree the request
we can refuse the leave
requested/propose
alternative dates
you can withdraw notice,
provided an agreement has
not already been reached.
(a)
(b)
(c)
Where the booking notice covers more than one
period
of SPL, a 2 week ‘discussion period’
follows
during which:
SPL does not take place
and the booking notice
does not count towards
the limit of 3.
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If you have already given us 3 booking notices you will not be able to extend
your SPL without our agreement. You may instead be able to request annual
leave or ordinary parental leave, subject to the needs of the business.
Any variation or cancellation notification made by you, including notice to return
to work early, will usually count as 1 of your 3 booking notices, reducing your
right to book/vary leave by 1. However, a change as a consequence of a child
being born early, or as a result of the FCA requesting it be changed and you
being agreeable to the change, will not count as 1 of your 3 booking notices. Any
variation will be confirmed in writing by the FCA.
Premature birth/early placement
Where the child is born or placed early (before the beginning of the EWC in birth
cases) or Qualifying Week (in adoption cases), you may be able to start SPL in
the 8 weeks following birth or Placement even though you cannot give 8 weeks’
notice provided you notify us in writing of the change as soon as you can. If your
period of SPL contained a start date which is a set number of days after birth,
rather than a set date, then no notice of change is necessary.
Shared parental pay
During SPL your usual remuneration is replaced by ShPP if you are eligible to
receive it. You may be able to claim ShPP for up to 39 weeks less any weeks of
SMP/SAP or MA already claimed by you or your Partner. It is up to you as the
parents to agree who is paid the ShPP and how it will be apportioned between
you.
To qualify for statutory ShPP you must have at least 26 weeks’ continuous
employment with the FCA at the end of the 15th week before the EWC (in birth
cases) or at the end of the Qualifying Week (in adoption cases) and your average
earnings must not be less than the lower earnings limit in force for national
insurance contributions.
Any statutory ShPP due will be paid at a rate set by the Government for the
relevant tax year.
To check whether you are eligible for statutory ShPP please use the
following online tool: https://www.gov.uk/pay-leave-for-parents
If you qualify for statutory ShPP, the FCA will also pay you enhanced ShPP, at
the rate of 100% normal base salary, for weeks 1-20 immediately following the
birth/placement of the child. Enhanced ShPP is only paid if you are receiving
statutory ShPP for the same period. Any period of enhanced maternity, adoption
or paternity pay for the same child will count towards your enhanced ShPP
entitlement.
If you and your Partner are both employed by the FCA, and are entitled to
enhanced ShPP, you should agree how you wish to split the enhanced pay
between you (as the FCA will only enhance a maximum of 20 weeks’ pay per
couple) whether that be under the maternity/adoption policies or SPL policy.
All the terms and conditions of your employment remain in force during SPL,
except for the terms relating to pay. In particular:
(i)
any period of SPL counts as a period of continuous employment
for statutory and contractual purposes
(ii)
benefits in kind will continue
(iii)
annual leave entitlement under your contract will continue to
accrue. You should use up your accrued annual leave before you
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start SPL or before you to return to work at the end of your leave
period (where possible in the same holiday year) before returning
to work
(iv)
we will continue to pay contributions to the FCA Pension Plan on
your behalf for the duration of your SPL
Please refer to the Salary and Benefits Policy for more information on the annual
pay review in connection with SPL.
Shared Parental Leave In Touch (SPLIT) days
We would like to keep in touch with you from time to time during your SPL. We
will discuss these arrangements with you before the start of your leave.
You may work (including attending training or team meetings) for up to 20 days
during SPL without bringing your SPL to an end. This is not compulsory and must
be discussed and agreed with your line manager.
You will be paid your normal daily rate of pay for the time spent working on a
SPLIT day.
Returning to work
Your return to work date will be the first working day after the end of the period
SPL specified in your booking notice.
If you wish to return to work before the expected end date of your SPL period,
you need to give your manager at least 8 weeks’ advance written notice, so we
can prepare for your return. This will count as 1 of your 3 SPL booking notices.
If you have already used your 3 booking notices then the FCA is not required to
accept your request to return to work early and we may postpone your return
date until 8 weeks after you gave us this notice.
The job that you will be entitled to return to will be as follows:
(i)
after 26 weeks leave or less (including any
maternity/paternity/adoption or SPL) - you will be able to return
to the same job on the same terms and conditions as if you had
not been absent
(ii)
after more than 26 weeks leave (including
maternity/paternity/adoption or SPL or if you took SPL
consecutively with unpaid parental leave of more than 4 weeks) -
you will return to the same job on the same terms and conditions
if this is reasonably practicable. If not, you will be entitled to return
to a suitable and appropriate alternative job on terms which are
no less favourable than your previous terms and conditions
Postponement of return to work
If you wish to return later than the expected return date, you should either
request unpaid parental leave in accordance with our parental leave policy,
giving us as much notice as possible but not less than 21 days, or request paid
annual leave in accordance with your contract, which will be at the FCA’s
discretion.
If you are unable to return to work at the end of your SPL period due to sickness
or injury, the Sickness Absence Policy and procedure will apply.
Failure to return on the expected return date for any other reason will be treated
as unauthorised absence.
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Deciding not to return
If you do not intend to return to work, or are unsure, it is helpful if you discuss
this with us as early as possible. If you decide not to return you should give
notice of resignation in accordance with your Contract of Employment. The
amount of SPL left to run when you give notice must be at least equal to your
contractual notice period, otherwise we may require you to return to work for
the remainder of the notice period. Once you have given notice that you will not
be returning to work, you cannot withdraw your resignation without our
agreement.
Flexible working
If you wish to vary your working pattern on return from SPL, we will consider
your request in line with the Flexible Working Policy. You might wish to mention
to your manager before you go on SPL that you are interested in applying to
work flexibly on your return. Bear in mind that you may need to attend meetings
at the office so that your request can be properly considered. If you want the
changes to take effect on your return from SPL, you should make your application
in good time before your return, using the flexible working request form which
the HR Helpline will be able to send to you or you can access the application form
in Workday About Me during your SPL.
Fraudulent claims
Where there is a suspicion that fraudulent information/evidence may have been
provided by an employee in respect of any request for SPL and/or ShPP or where
the FCA has been informed by HMRC that a fraudulent claim was made, the FCA
will investigate this matter under the Disciplinary Procedure which may lead to
disciplinary action being taken again you up to and including dismissal.
4.9.5
Parental leave policy
We recognise and respect that there will be occasions when working parents
wish to take time off work to care for or spend time with their child or children.
Eligibility
To take a period of parental leave in relation to a child you must:
(i)
have legal parental responsibility for a child under the age of 18;
and
(ii)
have completed 1 year’s qualifying service with the FCA by the
time you want to take the leave
Length of leave
The law provides that you may take up to 18 weeks of unpaid leave per child,
subject to the eligibility requirements above. Any parental leave taken while
working for another employer counts towards the 18 weeks entitlement. You
may take this leave at any time up until the child’s 18
th
birthday and a maximum
of 4 weeks’ leave per child may be taken per year. Parental leave is for each
child so, for example, if you have two children you may apply to take 4 weeks’
leave per child per year (pro-rated for part time employees).
The FCA will normally provide you with more flexibility when taking parental
leave by giving you the option to take up to a total of 18 weeks’ parental leave
in relation to one or more children in 1 calendar year (pro-rated for part time
employees) unless:
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• this immediately follows a period of other extended leave (for
example, maternity or adoption leave or career leave) or
• you wish to take parental leave in respect of 5 or more qualifying
children in which case you are entitled to take up to 4 weeks’ leave
per child (and thus exceed the usual maximum of 18 weeks in 1
calendar year)
Taking parental leave
You can choose to take parental leave any time up until the child’s 18th birthday.
You must give your line manager notice of your intention to take parental leave.
You must take your parental leave in blocks of whole weeks, except in the case
of children with disabilities, where you can request odd days.
You must give us 21 days’ notice by completing the Unpaid Parental Leave
request via Workday .
We can postpone your leave (see below) except when you give notice to take it
immediately after the time your child is born or is placed with your family for
adoption.
We may ask you to confirm that you are the parent or the person who islegally
responsible for the child. Any such request will be reasonable and we will not
check your entitlement every time you ask for leave.
Postponement of parental leave
If your manager believes your absence would unduly disrupt the business, or
where other circumstances dictate, we may postpone your leave by up to 6
months. Your manager will discuss this with you and confirm the postponement
arrangements in writing within 7 days after your notice to take leave. This will
give the reason for the postponement and set out the new dates of parental
leave. The length of the leave will be equivalent to your original request.
When you apply to take parental leave immediately after the birth or adoption
of a child, the FCA cannot postpone the leave.
Pay and terms and conditions during parental leave
Parental leave is unpaid and your contractual terms relating to pay and benefits
(save as set out below) are suspended during parental leave. For the duration of
your leave, you will not be paid salary or your flex monthly account. Please note
that, if your leave commences after the first working day of the month, you will
be paid your full monthly flex account for that month regardless of the day in
the month your leave commences ie the allowance will not be pro-rated. If your
leave commences on the first working day of the month, you will not receive
your monthly flex allowance. On return from your leave and to receive the full
monthly flex allowance you will need to return to work by the 1st working day of
the month. If your return to work is after the 1st working day of the month, you
will receive your full monthly flex amount with effect from the following month.
It will not be pro-rated or backdated.
You will continue to receive the following benefits during your leave:
(i)
core life assurance (2x salary)
(ii)
statutory holiday (28 days including bank holidays for full-time
employees) continues to accrue
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(iii)
death in service benefits associated with being a member of the
FCA Pension Plan (if applicable)
Please refer to the Salary and Benefits Policy for more information on pay and
benefits in connection with parental leave.
Your continuous service will not be affected by your choice to take parental leave.
Returning from parental leave
At the end of parental leave, you have the right to return to the same job if you
take 4 weeks or less of leave. If you take more than 4 weeks parental leave (or
if you take a shorter period of leave but immediately after additional maternity
leave/adoption leave), you are entitled to return to the same job or if that is not
reasonably practicable, to a suitable and appropriate alternative role on terms
which are no less favourable.
4.10 Domestic abuse policy
We want to have a working environment that promotes the view that violence against
people is unacceptable and everyone has the right to a life free from abuse in any form.
Domestic violence is wholly unacceptable and inexcusable behaviour, and responsibility for
domestic violence lies with the perpetrator.
Definition
Domestic abuse is often seen as just physical abuse however in this policy, domestic abuse
is defined as ’any incident of controlling, coercive or threatening behaviour, violence or
abuse (psychological, physical, sexual, financial or emotional) between individuals over 16
who are, or have been, partners or family members including children, regardless of gender
or sexuality.’
For example:
• Physical abuse would include punching, slapping, hitting, biting, pinching, kicking,
pulling hair out, pushing, shoving, burning or strangling.
• Emotional abuse is any use of words, voice, action or lack of action meant to control,
hurt or demean another person. Emotional abuse typically includes ridicule,
intimidation or coercion. Verbal abuse is included within this and covers name-calling
and use of abusive language, constant criticism or humiliation, disproportionate anger
and irrational blaming of the other person. It can include making excessive calls to
work or ignoring someone. The perpetrator may then deny the abuse is happening
and/or blame the recipient.
• Financial abuse is the use or misuse of the financial or other monetary resources of
the other person. Common examples of financial abuse include controlling shared
resources such as bank accounts, withholding money, hiding assets or forging
someone’s signature on financial documents.
Support
We will be supportive of anyone who has been subjected to domestic abuse, in terms of
their existing employment or career development and we aim to enable employees
experiencing domestic abuse to remain productive and at work.
We will make every effort to assist an employee experiencing domestic abuse. If an
employee needs to be absent from work due to domestic abuse, the length of the absence
will be determined by the individual’s situation through collaboration with the employee and
their line manager and will be in line with other current policies such as flexible working,
unpaid leave, parental leave or compassionate leave. We will actively provide support to
employees to try to minimise any risk to their safety while at work, if they make it known
to us that they are experiencing domestic abuse.
Confidentiality will be maintained and information restricted to those who need to know.
However, there are some circumstances in which confidentiality cannot be assured. These
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are when there are concerns about children or vulnerable adults or where an employer
needs to act to protect the safety of employees.
If you are the victim of domestic abuse, your line manager can support you by listening and
talking through options available to help you remain productive at work. You can speak with
the HR Helpline confidentially about any additional support you may require, and
Occupational Health can provide advice on any mental or physical health concerns you may
have. You can also contact the confidential Employee Assistance Programme
helpline.
In cases where both the victim and perpetrator of domestic abuse work for the FCA we will
take appropriate action. Employees charged or convicted in court because of domestic
violence and abuse should declare this formally.
4.11 Further support
The FCA is committed to supporting you at all times. Friends, family, colleagues and your
manager can often help and support you when times are tough but sometimes you need
someone impartial to talk to or someone who can provide you with information and
independent or professional help.
4.11.1
Employee Assistance Programme
Our Employee Assistance Programme (EAP), provided by Care First, offers
counselling and practical information to all employees (not their relatives or
friends) on a range of work and personal issues. It is free of charge and available
24 hours a day, 7 days a week and 365 days a year.
You can contact Care First on the freephone number 0800 015 5630 and on the
Care First website.
4.11.2
Network groups
Our network groups have an important role in our diversity and inclusion agenda.
They provide our people with a platform to share experiences and develop
solutions to improve policy and practice on diversity and inclusion within the FCA.
We currently have ten network groups each representing our diversity strands:
• Spectrum (Race & Ethnicity)
• Embrace (Disability)
• InsideOut (LGBT+)
• Balance (Gender)
• Carers and Parents Network
• Faith and Roots Network
• International
• Generate
• Elevate
• Social Mobility Network
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5. WORK LIFE BALANCE
We recognise that maintaining a work life balance is essential for employees’
health and personal relationships, and it can also increase productivity at
work. These beliefs are embodied by our value Work Inclusively which
underpins our range of Wellbeing Programmes and the policies in this section
of the handbook.
5.1 Annual leave policy
Your annual leave entitlement
The organisation’s annual leave (holiday) year runs from 1 June to 31 May. If your
employment starts or finishes part way through the annual leave year, we will calculate
your entitlement during that year on a pro-rata basis.
Your core annual leave entitlement is as set out in your contract of employment.
The first 4 weeks of leave you take in any holiday year will be your statutory leave
entitlement in line with the Working Time Regulations 1998.
As set out in this policy, you must take at least your statutory annual leave entitlement (28
days’ annual leave inclusive of public and bank holidays for full time employees, pro-rated
for part time employees) during the annual leave year in which it accrues. Statutory leave
may only be carried over to another annual leave year:
• in cases involving long-term sickness absence
• in cases of maternity, paternity, adoption, parental or shared parental leave
• if otherwise required by law
Any additional core annual leave – or extra days purchased through the Flexible Benefit
Scheme – can be carried over into the next annual leave year. This is subject to line manager
approval and provided that your total annual leave entitlement for any annual leave year
does not exceed 46 days (including public and bank holidays) or 38 days (excluding public
and bank holidays), pro-rated for part time employees.
Taking annual leave
All annual leave must be approved in advance by your line manager. We will try to
accommodate all reasonable requests for annual leave, taking particular care to
accommodate requests for special reasons and events. Please give as much notice as
possible and at least twice the length of the leave requested (for example, 10 days’ notice
for a request for 5 days’ leave). You should not make travel bookings until approval has been
given.
We encourage you to take at least 1 break of 2 consecutive working weeks within each
annual leave year as this allows you to take a break from work to support your physical
and mental wellbeing.
Requests for annual leave in excess of 2 working weeks will require more detailed discussion
with your manager to assess the impact of your absence and ensure that business needs
can be met. Where there are genuine business reasons, it may not be possible to approve
such a request.
Sickness during periods of annual leave
If you are sick or injured during a period of annual leave and would have been incapable
of work, you may choose to treat the period of incapacity as sick leave and reclaim the
affected days of annual leave.
You will only be paid sick pay if you comply with our Sickness Absence Policy, including
notifying your manager immediately of your incapacity and obtaining medical evidence,
even if you are abroad.
Dishonest claims or other abuse of this policy will be treated as misconduct under our
disciplinary procedure.
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Long-term sickness absence and annual leave entitlement
Annual leave entitlement continues to accrue during periods of sick leave.
If you are on a period of sick leave which spans 2 annual leave years, or if you return to
work after sick leave so close to the end of the leave year that you cannot reasonably take
your remaining days, you may carry over unused annual leave to the following leave year.
• Carry over under this rule is limited to the 4 week minimum holiday entitlement under UK
law (which includes bank holidays), less any leave taken during the holiday year that has
just ended
• If you have taken 4 weeks’ holiday by the end of the holiday year, you will not be allowed
to carry anything over under this rule
• If you have taken less than 4 weeks, the remainder may be carried over under this rule. For
example, a full time employee who has taken 2 weeks’ holiday plus 2 bank holidays before
starting long-term sick leave can only carry over 1 week and 3 days. Any annual leave
carried over under this rule but not taken within 18 months of the end of the annual leave
year in which it accrued will be lost.
Alternatively you can choose to take your 4-week minimum paid annual leave during your
sick leave, in which case you will be paid at your normal rate.
Family leave and annual leave entitlement
Annual leave entitlement continues to accrue during periods of maternity, paternity,
adoption, parental or shared parental leave (referred to collectively in this policy as family
leave).
If you are planning a longer period of family leave that is likely to last beyond the end of
the annual leave year, you should discuss your annual leave plans with your manager in
good time before starting your family leave. You should unless not reasonably practicable,
use up your remaining annual leave before you start your family leave as annual leave
should be taken in the current annual leave year. If any annual leave entitlement for the
year that cannot reasonably be taken before starting your family leave it can be carried
over to the next annual leave year.
Annual leave accrued whilst on family leave should also be taken before you return to work,
at the end of your family leave period. Essentially adding your annual leave to the end of
your family leave to ensure you remain within the maximum of 38 days (pro-rated)
(including any days carried over) in any annual leave year (excluding public bank holiday).
Arrangements on joining and leaving the FCA
If you join the FCA part way through the annual leave year, your leave entitlement will be
pro-rated.
On termination of employment you may be required to use any remaining annual leave
entitlement during your notice period. Alternatively, you will be paid in lieu of any accrued
but untaken annual leave entitlement for the current leave year to date, plus any annual
leave carried over from previous years under this policy or as required by law. You are
entitled to be paid at a full-time rate of 1/260th of your base salary for each day of untaken
entitlement (prorated for part-time workers). If you have taken more annual leave than
you have accrued, a deduction will be made from your final salary payment.
You will only receive payment for accrued but untaken statutory annual leave entitlement
if you are dismissed for gross misconduct or you leave the FCA without giving notice in line
with your contract of employment. Further, any leave you have already taken during that
final leave year will be deemed to be statutory leave (up to a maximum of 28 days).
Part-time employees
If you work on a part-time basis you are entitled to bank and public holidays on a pro-rata
basis to reflect the number of days per week which you normally work.
Please see Pulse for further details on your entitlement.
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5.2 Time off for personal circumstance
Our approach
We understand that all colleagues have responsibilities outside of work and that
unexpected events can happen to all of us. Our aim is to support colleagues to
balance their personal and work responsibilities, including where they have ongoing
caring responsibilities or when they face certain unexpected or distressing events in
their personal life.
Policy statement
This policy reflects and exceeds all relevant legislative requirements. We are proud of the
support it offers to colleagues in ensuring that they can strike a positive work-life balance
throughout their employment with us.
We know that not all family set ups are the same, we do not all attach the same importance
to different relationships as each other, we do not all process grief or trauma in the same
way, and we do not all share the same faith or beliefs. Requests will be considered
sensitively and sympathetically, acknowledging this difference while aiming to achieve
fairness and equity.
We recognise that matters covered by this policy may be deeply personal and can be difficult
to talk about in a work environment. We are committed to fostering a workplace culture
where colleagues can safely discuss these matters. Colleagues are encouraged to be open
and honest with their managers, so that we can make sure they can access the support
available.
This policy provides for up to 10 days’ paid leave (pro rata) at line manager discretion and
a further 10 days’ paid leave (pro rata) with additional approval from the head of
department (HoD) or director, in any rolling twelve-month period, for the following
purposes:
• carer leave
• challenging personal events
• compassionate
• dependant emergencies
• domestic abuse
• domestic emergencies
• miscarriage and baby loss
• parental bereavement
For colleagues with ongoing caring responsibilities, this policy exists to provide some
additional time away from work to help them balance their personal and work
responsibilities.
For colleagues dealing with unexpected events, this policy exists to support them through
the initial impact of such events. It complements other policies that exist to support with
any ongoing impact, such as annual leave, statutory unpaid parental leave, sickness
absence, career leave or flexible working.
While we want to support colleagues wherever possible, we must also make sure we have
adequate business and operational capacity. Therefore, we reserve the right to decline leave
requests in full or in part, where there is a justifiable business reason to do so, if the
colleague is still able to work.
Any misuse of the leave entitlements outlined in this policy, or any fraudulent or negligent
provision of information, will be regarded as misconduct and dealt with under the
Disciplinary policy and procedure.
This policy applies to all employees, irrespective of length of service.
The accompanying procedure
sets out the process for requesting leave and considering
leave requests.
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5.3 Hybrid working policy
Introduction
We recognise that a hybrid working approach, offering greater flexibility in where colleagues
work is the best way to work effectively and inclusively for the benefit of everyone.
Coming together in an office environment offers real benefits such as on the job learning,
supervision, in-person collaboration and downtime opportunities with each other. It is also
important that we are in the office for important events such as performance conversations
and meeting new joiners to our teams. The benefits are felt both by individuals and those
around them. Working from home can offer benefits such as a better environment for focused
work and reducing the time spent commuting.
This policy applies to all employees. For those working at the PSR, a variation to the
minimum working time required in the office applies. Further information can be found
on the PSR Hub.
Hybrid working
We are offering employees greater flexibility in where you work.
All employees need to spend a minimum of 40% of their working time each month at one of
our office locations. We expect senior leaders to spend a minimum of 50% of their working
time each month.
Due to business need some employees and teams may be required to work more than the
40% minimum standard in the office, whether on a temporary or permanent basis. If you fall
into this category your line manager will discuss this with you directly.
All employees will need to be flexible in accordance with the needs of the business. The
business need may change over time. We will be led by the business need and a desire to
meet reasonable individual preferences as far as possible.
You may be required to attend the office on specific days or to attend meetings. Where
possible your line manager will provide you with notice in advance however, there may be
times when you will be required to attend the office at short notice.
Your primary place of work will remain the office location set out in your contract of
employment. In common with many other policies and practices, we reserve the right in future
to change, vary or withdraw arrangements if there is a business need and with reasonable
notice.
Sickness absence
When working remotely, you should not work if you are unwell. If you are sick and unable to
work, please refer to the sickness absence policy.
Hybrid working and periods of leave
When employees are out of the office on a period of leave including annual leave, sickness
leave, paid and unpaid leave you will not be required to meet the minimum 40% standard
within the month. For example, if you are out of the office on annual leave for half of the
month you will only be required to apply the 40% minimum standard based on the remaining
half of the month.
Requesting flexible working
This policy focuses on how the FCA operates our hybrid working arrangements. There are
many other forms of flexible working. You retain the right to make an informal or formal
request for flexible working as detailed in our Flexible Working policy
.
Reasonable adjustments
If you have a health condition that may impact your mental or physical health by returning
to the office, please speak to your line manager in the first instance. They will work with you
to make an Occupational Health referral to ensure you receive support and reasonable
adjustments are put in place. For further details please review the guidance available on Pulse.
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5.4 Flexible working policy
All FCA employees have the right to formally apply to work flexibly.
If they don’t wish to use the formal application route, employees may also choose to make
an informal request to work flexibly. However, in this instance, the line manager’s decision
will be final and there will be no right to appeal.
There is no automatic right to work flexibly, as there will always be circumstances when the
FCA is unable to accommodate a desired work pattern. However, this policy aims to facilitate
discussion and to encourage both parties to find a mutually agreeable solution. Each request
will be considered seriously and assessed on its own merits.
Flexible working may incorporate a number of possible changes to working arrangements
such as a reduction or variation of working hours or the days worked or starting a job share.
Informal request
Employees may also choose to make an informal request to their line manager who will consider it
according to our business and operational requirements.
To help your line manager consider your request:
• Make your request in writing and confirm whether you wish any change to your
current working pattern to be temporary or permanent.
• Provide as much information as you can about your current and desired working
pattern, including working days, hours and start and finish times, and give the date
from which you want your desired working pattern to start.
• Provide information about whether your request to work flexibly may be subject to
change, for example, to respond to the changing needs of a sick relative who is
dependent on you.
• You may choose to include additional information, such as what you see as the
benefits to both you and the organisation and how any potential issues might be
addressed but there is no requirement for you to do so.
Your line manager will advise you what steps will be taken to consider your request, which
may include inviting you to attend a meeting, before advising you of the outcome of your
request.
Making a formal request
To make a request you must complete the Flexible Working Request form on Workday. You can only
make two formal requests in any 12-month rolling period – if you have already made two applications
in this period, you may instead choose to make an informal application, as set out above.
The process and timescales for a formal flexible working request are set out in the flowchart
below.
You may choose to include additional information, such as what you see as the benefits to both you
and the organisation and how any potential issues might be addressed but there is no requirement
for you to do so. It will not impact your application if you chose not to.
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Flexible working request process
A meeting will be held, normally within 15 working days, between you, your line manager and
an HR representative to discuss the request in further detail. You may bring a colleague to this
meeting with you.
Under the formal procedure, we will digitally record the meeting and send you a copy of the
transcript.
If you fail to attend this meeting twice, your request will be considered withdrawn and this will
be confirmed in writing.
The FCA will consider the benefits of the change for you and for the organisation, and weigh
those against any adverse impact.
A request may be rejected for any of the following
reasons:
1. the burden of additional cost
2. an inability to reorganise work among existing
staff
3. an inability to recruit additional staff
4. a detrimental impact on quality
5. a detrimental impact on performance
6. a detrimental effect on ability to meet customer
demand
7. insufficient work for the periods you propose to
work
8. a planned structural change to the organisation
Where more than one
request is received
from different
employees, they will be
considered in the order
they are received. In
some cases, it may be
that the first request is
granted and this
changes the business
context in which the
second request can be
considered.
You must submit a written application via the Flexible Working Request form on workday.
Request accepted (or where we
propose alternative
arrangements)
Details will be confirmed in writing. The
new arrangement will usually be
subject to a 6 month trial period. The
FCA reserves the right to return you to
your previous working pattern for the
reasons above.
At the end of the trial period, if it is
agreed that that new arrangements are
working the application will be
accepted. This will mean a permanent
change to your terms and conditions of
employment, unless agreed otherwise.
Request rejected –
you have the right to
appeal in writing within 5 working days of the
notification of the refusal.
Your appeal should give the main reasons why
you believe the decision is unjustified and be
submitted to the manager who refused your
request, copying in the HR Helpline.
The appeal will be heard by your line manager’s
manager or another independent person
appointed by HR. You may bring a colleague to
this meeting.
The outcome of the appeal will be communicated
to you in writing.
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Flexible working arrangements will not necessarily transfer from one job to another.
Different roles may not be suitable to being carried out on the same flexible working
arrangement as your current role, so this will be reassessed at the time.
Working from home
We recognise that homeworking can be beneficial to both employees and the organisation.
Depending on the nature of your role and the needs of the business, homeworking may be
agreed with your manager on an informal or formal basis. Line managers will have overall
responsibility for considering homeworking requests and assessing whether the role and
other factors make such an arrangement suitable and appropriate.
The following principles will apply:
• Employees will have responsibility for ensuring they have a suitable environment at
home in which they can focus on work. Employees must be able to work free from
disruption, eg by having adequate care arrangements in place for dependants and
should ensure they have an appropriate workstation.
• It is the employee’s responsibility to undertake a risk assessment of their activities
and working environment when working on a regular basis at home. This will normally
be undertaken via self-assessment through completion of the Risk Assessment form
on a yearly basis.
• Homeworking must not put additional burden on colleagues who are working in the
office.
• Employees are required to comply with all FCA policies and procedures (eg those
relating to records management, clear desk and the security of information) whether
working at home or at their office base.
• Withdrawal of a homeworking arrangement will be undertaken in consultation with
the employee and reasonable notice will be given, where practicable. Homeworking
arrangements can be withdrawn if, in the opinion of the relevant line manager, the
effective and efficient operation of the team is compromised, and/or the role changes,
the performance of someone who regularly works from home is unsatisfactory and/or
the benefit is being abused.
• Homeworking arrangements will not transfer from one job to another, since different
roles may not be equally suitable to being carried out in part remotely.
• Employees’ normal working hours will apply unless otherwise agreed by your line
manager or other arrangements have been made as the result of a formal Flexible
Working application.
• It is not appropriate for people to work at home as an alternative to taking sick leave
if they are ill. It is important that people only work at home if they are genuinely fit
for work.
• All employees working at home must comply with the FCA’s Sickness Policy and
ensure that they make personal contact with their line manager, or deputy, within 30
minutes of their normal start time if they are sick or unable to work.
• Expenses incurred due to working from home that are outside the FCA’s Travel and
Expenses Policy, will have to be met by employees.
• Employees should ensure that their building/contents insurance is not invalidated by
using the home as a place of work, or by the storage/use of FCA equipment. The FCA
does not accept liability for damage caused to the home or its contents.
• Those working at home on a regular basis should seek advice from the relevant
agencies regarding the effect of home working on their mortgage or tenancy
agreement, and council tax/business rates. The FCA does not accept any
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responsibility for an employee who suffers any detriment, loss or legal action as a
consequence of not obtaining the necessary permissions from their insurer, mortgage
lender, landlord or local authority.
• Employees who have a regular homeworking arrangement may be required to be
flexible and change their arrangement to suit business needs.
• Employees working at home should be contactable during the agreed working day,
unless specifically agreed in advance with their line manager.
5.5 Flexitime policy
We operate a flexitime scheme for certain employees at the Professional Support contractual
grade who are in the Professional Support or Senior Professional Support grade level.
Employees eligible to participate in the flexitime scheme (as indicated in their Personal
Statements) must comply with the rules of the scheme.
Flexitime scheme rules
The rules of the scheme are detailed below. These rules are subject to work requirements.
Limitations may be made at the discretion of your line manager.
The accounting period will be a calendar month. Calculations are based your contractual
hours as outlined in your Personal Statement. Unless otherwise stated, your normal working
hours are 35 hours each week, Monday to Friday, with 1 hour each day for lunch. We reserve
the right to vary your normal working hours, if necessary, to fulfil our operational
requirements.
• On a normal working day, you should arrive at the office no later than 10.00 am and
should not leave before 4.00 pm. The hours between 10.00 am and 4.00 pm are
known as ‘core time’.
• Weekly timecards should be completed on a timely and accurate basis. Data recorded
should reflect actual hours worked by activity performed and be submitted as per the
agreed deadline. Only the actual hours worked should be recorded in iTime (net
hours) minus any breaks when you are away from your desk (ie lunch, cigarette,
coffee breaks).
• The lunch interval should be of at least 30 minutes duration and recorded accurately
in iTime. For example if you worked 10 am - 4 pm (minus 30 minutes for lunch) 5.5
hours should be recorded in iTime.
• Excess hours registered at the end of the accounting period up to a maximum of 10
hours may be carried forward to the next accounting period. Excess hours will not
rank for overtime payment nor affect holiday, pension or any other entitlement.
• A maximum of 10 debit hours may be carried forward at the end of an accounting
period. The maximum debit hours permitted at any time during a period is 14 hours.
If you are in a debit situation any authorised overtime worked will offset this balance
and payment will not be made.
• Credit hours may be taken as 2 half days or 1 whole day absence from the office per
calendar month. However, no more than 12 half or 6 whole ‘flexiday’ absences are
permitted between 1 June and 31 May.
• Proposed absence for whole or half ‘flexidays’ is subject to cancellation by
management to ensure adequate operational cover.
• If you leave the FCA’s employment you must ensure that your hours are not in debit.
Any remaining deficit of hours will be deducted from your final salary.
• Loss of working time due to travelling difficulties such as late trains, traffic hold-ups
and other such hazards should not be included in your working hours and you should
discuss with your line manager how any shortfall in contractual hour is made up.
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• Treatment and general examination by opticians, doctors, dentists, etc should be
recorded as BS Absence Sickness & Medical and you should discuss with your line
manager how any shortfall in contractual hours is made up.
• Authorised sickness absence should be recorded to reflect your contractual hours (ie
7 hours per day if you work 35 hours) and recorded as BS full day sickness.
• Part day sickness absence should be recorded as BS Absence Sickness & Medical for
the time absent during that day.
• Authorised leave should be recorded to reflect your contractual hours (ie 7 hours if
you work 35 hours) and should be recorded as BS Absence Leave and Public holidays.
• Authorised half day leave should be recorded as 3 hours 30 minutes. AM half day
leave - you should arrive for work no later than 2 pm. PM half day leave - you should
not leave the office earlier than 12pm. Annual leave should be recorded as BS Absence
- Leave&Other absence.
Please remember to accurately record your net working hours (ie working hours minus any
breaks). Failure to do so could result in disciplinary action up to and including your dismissal
from the FCA (see the Disciplinary Procedure).
5.6 Career leave policy
We are committed to being a flexible employer as a method of helping us to retain valued
employees. We recognise that there may be times when you wish to take an extended
period of absence to pursue personal interests or domestic duties such as caring for a family
member.
The information below explains our career leave policy which offers you the opportunity to
request between 4 and 52 weeks unpaid leave. Career leave can be used for any purpose
except taking paid employment without the permission of the FCA.
Eligibility criteria
You must meet the following criteria to be eligible to apply for career leave:
• you must have 2 or more years’ continuous service within the FCA to request career
leave between 4 and 26 weeks
• you must have 3 or more years’ satisfactory continuous service within the FCA to
request career leave between 26 and 52 weeks
• you must not have a live warning under either the Disciplinary Procedure or the
Performance Management Procedure
• your last 2 appraisal ratings must have been a 3 rating (2 rating in 2020/21 prior to
new performance ratings) or above
• you must have completed 3 years’ continuous service after returning from any
previous period of career leave
• you must not have had any continuous period of absence/leave of 4 weeks or more
within the last 12 months
Entitlement to career leave does not aggregate. For example, if you have had 8 years of
service and have not taken career leave within this time, you will still only be entitled to 1
period of leave.
Due to legal requirement those individuals on a tier 2 visa are not eligible to take career
leave.
The scheme
You may take between 4 and 52 weeks’ unpaid career leave. The leave must be taken in 1
continuous block. It can be combined with either annual leave or parental leave but the
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total time away from work must not exceed 26 weeks where you have up to 2 years’ service
or 52 weeks where you have 3 or more years’ continuous service.
All career leave is unpaid. You will not receive any base salary or flex account during your
leave.
Your annual leave will be pro-rated up to the commencement of your career leave and you
can only take the leave accrued up to that point. On your return your absence plan will be
updated to reflect the leave accrued from your return date to the end of the holiday year.
If your leave starts after the first working day of the month, you will be paid your full
monthly flex allowance for that month, regardless of the day in the rest of the month that
your leave starts, ie the allowance will not be pro-rated. If your leave starts on the first
working day of the month, you will not receive your monthly flex allowance. On return from
your leave and to receive the full monthly flex allowance you will need to return to work by
the first working day of the month. If your return to work is after the first working day of
the month, you will receive your full monthly flex amount with effect from the following
month. It will not be pro-rated or backdated.
If you are a member of the FCA Pension Plan, contributions will not be paid for the duration
of the career leave.
You will not be entitled to any core or flexible benefits for the period of the career leave,
except for:
- core Life Assurance
- death in service benefits associated with being a member of the FCA Pension Plan.
It may also be possible for you to maintain private medical cover, by agreeing to pay the
premiums upfront for the duration of career leave.
Payment of any of the above benefits will be calculated on your base salary at the start of
your career leave.
In the absence of additional benefits (which you may have selected prior to your career
leave) it is your responsibility to ensure that you are adequately protected.
Any outstanding season ticket loan or other payments you owe will be deducted from your
final salary payment before the start of your career leave.
While on career leave you will be eligible to be considered for Pay Review. Any salary
increase will be deferred until the end of your leave. Please see the Salary and Benefits
Policy for more information on pay and benefits in connection with career leave.
If you fall ill while on career leave, you will not be entitled to occupational sick pay. If you
qualify, you will be entitled to Statutory Sick Pay.
Any qualifying periods associated with selected benefits (such as Permanent Health
Insurance, Life Assurance and Critical Illness) may need to be restarted following career
leave. Please log-in to your My FCA Benefits and read the Policy documentation for more
information.
Employment status
During career leave, you will remain an employee of the FCA and be subject to your terms
and conditions of employment. This includes standards of conduct and behaviour, the FCA
Conflict of interest, security, compliance and all confidentiality requirements.
While on career leave you may not take up any paid employment without the express, prior
written permission of the FCA. To do so, will be regarded as gross misconduct and may lead
to your dismissal.
During your career leave, your continuity of service will be unaffected.
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Change in circumstances
If, during the period of your career leave, your role is affected by a business restructure
you will be included. If your role is made redundant while on career leave the FCA’s
Redundancy Policy will apply. Any redundancy payment will be calculated based on your
base salary at the start of your career leave.
If you or your partner become pregnant or adopt a child while on career leave and you wish
to take a period of family leave, you should contact the HR Helpline as soon as possible. A
period of family leave will bring your career leave to an end - the balance of the career
leave will be lost.
Your entitlement to Statutory and Occupational Maternity, Paternity, Adoption or Shared
Parental Leave Pay may be affected by your decision to take career leave. To qualify for
statutory pay (and therefore enhanced FCA pay) whilst on Maternity, Paternity or Adoption
leave, your average weekly earnings before tax and NI (during the relevant period) must
be at least equal to the Lower Earnings Limit. Please see the GOV.UK
website and/or contact
the HR Helpline for more information.
Return to work after career leave
You will, where possible, return to the same or a similar job as the one that you left on
terms and conditions of employment which are no less favourable. If there is a business
restructure then this will be discussed with you.
If you wish to return to work earlier than originally intended, you need to agree this with
your line manager. Please ensure that you contact your line manager at least 4 weeks
before your desired return date. Your request to return early cannot be guaranteed. You
must also inform the HR Helpline before the first working day of the month that you intend
to return to work so that your salary can be reinstated.
If you fail to return from career leave on the pre-arranged date without good reason, this
will be considered to be unauthorised absence and could result in disciplinary action up to
and including your dismissal from the FCA (see the Disciplinary Procedure).
Process
Requests for career leave should be discussed and agreed with your manager. If your
manager is happy with your request, you should raise an Unpaid Career Leave Absence
request via Workday Where relevant please ensure that you confirm the reason for the
career break.
Applications must also be signed off by your Director or ExCo member (where relevant) via
email and a commitment must be made at the time by your manager that, where possible,
a role will be available for you upon your return. If no such commitment is given then your
application for career leave will not be agreed.
You should usually make a request for career leave at least 3 months in advance. There
will, however, be exceptions to this and you should discuss situations where you need the
leave more quickly with your manager.
Approval is at the discretion of managers and may be refused, or the timing deferred, due
to business reasons.
You will receive a letter outlining the terms and conditions of the career break. Read this
letter carefully. If you have any questions speak to the HR Helpline before signing it.
During career leave, your manager and the HR Helpline will be the initial points of contact
for all matters regarding career leave and your employment with the FCA. Before you go
on career leave, you must provide us with up-to-date contact details and agree how you
can be contacted during this period (for example, by phone, email or in writing).
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You should contact your manager at least 4 weeks before the end of your career leave to
discuss the arrangements for your return to work.
5.7 International Working Policy
If you are a permanent or fixed term contract employee, you may request to work abroad
temporarily if there is an exceptional reason for you to do so, such as visiting a sick
relative or responding to a family emergency overseas. As there is no business
requirement for colleagues to work abroad, there is no guarantee that any such request
will be granted. Further any requests under this policy should be combined with a
reasonable period of annual leave.
You may request to work for up to 4 weeks (20 working days) in a rolling 12-month period.
This may be split over a number of trips but cannot exceed the 4 weeks (20 working days)
maximum total in any rolling 12-month period.
In a small number of cases, we may need to review the time you have previously spent in
the country, in a personal capacity. This will be determined by the local tax legislation and
we will advise you of any requirements as part of the application process.
To apply to work internationally you will need to discuss your request and exceptional
circumstances with your line manager in the first instance. When you have done so, and
assuming you have your line manager’s informal approval in principle, you will then need
to submit a formal International working application to be approved by your Head of
Department.
Approval of any such application shall be granted at the sole discretion of the FCA/PSR and
any decision to reject an application is final. Further, simply because a request has been
granted in the past does not mean that any future applications will automatically be
granted.
For security and other reasons, there will be some countries that we are unable to approve
international working for, regardless of your personal circumstances. This includes
countries where the FCO declare all but essential travel. These countries change from time
to time and your Head of Department will be responsible for undertaking the necessary
check upon application.
As part of any request to work remotely overseas, you should be aware that you will be
solely responsible for:
• seeking FCO advice and guidance on travelling abroad, the latest
government travel advice in the country you are visiting and discussing any
issues with your manager
• considering any immigration and Visa requirements and restrictions for the
country you are proposing to work from and making any necessary
arrangements as part of your request
• considering any social security or other similar requirements for the country
you are proposing to work from
• considering any relevant tax issues, both in the UK and those taxes in the
country in which you wish to work temporarily and ensuring you comply
with the necessary tax requirements
• demonstrating that you can continue to work effectively from overseas, for
example showing how you will manage the impact of any time zone
difference
• ensuring and demonstrating that you will be able to safeguard any FCA/PSR
property that you may need to take with you and that you will be able to
maintain confidentiality and preserve data security at all times
• ensuring and demonstrating that you have a suitable place to work and are
able to assure your manager that you will 'Do No Harm' whilst working
remotely
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• any expenses associated with working remotely overseas. This includes but
is not limited to expenses such as insurance (of all types e.g. travel,
medical, health), furniture, travel costs (to and from the destination and
those incurred if asked to return to the UK for work purposes).
• making arrangements on return to the UK, i.e. any requirements around
quarantine.
If your application is approved by your Head of Department, you should discuss with your
line manager how you will keep in contact during your period of working overseas. This is
particularly relevant in certain time zones which will require you to work flexibly in order to
make yourself available to participate in FCA/PSR business as you would do if you were in
the UK. You also need to ensure your personal contact details are up to date in Workday.
If, having commenced a period of working from abroad you are unable to continue to work
remotely overseas (for example where IT equipment cannot be fixed remotely and/or due
to other issues), you will need to discuss your options with your line manager. Such
options would include you returning to the UK earlier than planned or taking annual/unpaid
leave for the remainder of time that you have agreed to work abroad. You need to ensure
that you use your annual leave in line with the FCA Annual leave policy and take the
maximum carry over into consideration when requesting to work abroad.
6. HEALTH AND WELLBEING
The health, safety and wellbeing of our employees is of paramount importance
to us. This section of the handbook supplements our Wellbeing Programmes,
and comprises a range of policies to support our employees through periods
of sickness, when attending medical or dental appointments, or through life
events outside their work at the FCA. These policies are underpinned by our
value Work Inclusively.
6.1 Sickness absence policy
The FCA is keen to encourage employees to maximise their attendance and performance at
work while recognising that there will be occasions when this is not possible due to absence
caused by sickness or incapacity.
Sickness absence can vary from short intermittent periods of ill-health to a continuous
period of long-term absence and have many different causes (for example, injuries,
recurring conditions, or a serious illness requiring lengthy treatment).
We wish to ensure that the reasons for sickness absence are understood in each case and
investigated where necessary. In addition, where needed and reasonably practicable, we
will take measures to assist those who have been absent when they are ready to return to
work.
The FCA provide a comprehensive range of wellbeing benefits and aim to treat employees
who are sick with dignity and respect, providing support, counselling, tailored rehabilitation
programmes and (if appropriate and practicable) workplace adjustments that may assist
that individual to continue productive employment with the FCA.
If an employee is frequently and persistently absent or is absent for a lengthy period, this
can have a negative impact on the delivery of departmental objectives and colleagues who
must carry the burden of extra work. This policy is designed to ensure a balance is struck
between ensuring adequate support for employees who are ill and the ability to fulfil
business obligations.
At the FCA:
• ‘short-term sickness absence’ means any period of sickness between 1 and 6
calendar days
(a fit note will be required beyond 7 calendar days)
• ‘long-term sickness absence’ means any period of sickness (continuous or
aggregated) lasting 66 working days or more
We monitor absence levels including recurring sickness absence. Generally, where the
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‘trigger points’ are reached of 10 working days lost in any 12 month rolling period or 5
separate occasions of sickness absence in any 12 month rolling period, we will work with
you to understand the nature of the illness and to seek to minimise future absences, which
could include a referral to Occupational Health. These ‘trigger points’ do not apply to
disability or pregnancy-related illnesses which will be assessed on a case-by-case basis by
line managers in conjunction with HR, working closely with Occupational Health as
appropriate.
For more information on managing sickness, please refer to the Manager’s Guide to Dealing
with Sickness Absence.
Disabilities
We are aware that sickness absence may result from a disability. If you consider that you
are affected by a disability or any medical condition which affects your ability to undertake
your work, you should inform the HR Helpline and/or your line manager. Any information
you provide will be handled in a confidential manner.
At each stage of the sickness absence management procedure, consideration will be given
to whether there are reasonable adjustments that could be made to the requirements of a
job or other aspects of working arrangements that will provide support at work and/or assist
a return to work.
Sickness absence reporting procedure
If you are taken ill or injured while at work you should inform your line manager.
If you cannot attend work because you are ill or injured you should telephone your line
manager as early as possible and by 9:30am. You should inform them of the nature of your
illness or injury, the expected length of your absence from work and any outstanding or
urgent work that requires attention.
Unless agreed otherwise, you should telephone your line manager on each working day of
sickness for the first 7 calendar days (excluding weekends). You should expect to remain in
contact during your absence with your line manager and/or HR who will want to enquire after
your health and be advised, if possible, as to your expected return date.
Evidence of incapacity
For absence up to 7 calendar days, you must record your absence on Workday and
participate in a return to work meeting.
For absence of more than a week (7 calendar days): you must obtain a certificate from your
doctor (a ‘Statement of Fitness for Work’ known as a ‘Fit Note’) stating that you are not fit
to work and the reason why. This should be forwarded to your line manager without delay.
If your absence continues, further Fit Notes must be provided to cover the whole period of
absence.
For sickness absence beyond 7 days, managers will update Workday and contact individuals
to confirm keeping in touch arrangements.
If your doctor provides a certificate stating that you ‘may be fit for work’ you should inform
your line manager immediately. We will discuss with you any additional measures that may
be needed to facilitate your return to work, taking account of your doctor’s advice. This may
take place at a return-to-work meeting. If appropriate measures cannot be taken, you will
remain on sick leave and we will set a date to review the situation.
If we are concerned about the reason for absence, or frequent short-term absence, we may
require a medical certificate for each absence regardless of duration. In such circumstances,
we will cover any costs incurred in obtaining such medical certificates, for absences of a
week or less, on production of a doctor’s invoice.
Unauthorised absence
Cases of unauthorised absence will be dealt with under our Disciplinary Procedure.
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Absence that has not been notified according to the sickness absence reporting procedure
will be treated as unauthorised absence.
If you do not report for work and have not telephoned your line manager to explain the
reason for your absence, your line manager will try to contact you, by telephone and in
writing if necessary. This should not be treated as a substitute for reporting sickness
absence.
Sick pay
You may be entitled to Statutory Sick Pay (SSP) if you satisfy the relevant statutory
requirements. Qualifying days for SSP are Monday to Friday or your working days as set
out in your employment contract and includes bank holidays.
You will normally be entitled to receive occupational sick pay (OSP) if you have complied
with this policy in all respects. OSP is inclusive of any SSP that may be due for the same
period.
OSP is paid based on 65 days’ full pay and 65 days’ half pay (pro-rated) in any 12 month
rolling period inclusive of bank holidays. The 12 month rolling period means that we look
back at the 12 months immediately preceding the current sickness absence for the purposes
of calculating the total number of days sickness absence and entitlement to OSP.
For example, an full time employee is absent for 30 days from 1 June and receives full pay.
The employee is then absent for a further 45 days and receives full pay for 35 days and half
pay for 10 days. Any further absences due to illness up to 31 May the following year will be
paid at half pay to a maximum 65 days in total.
If the employee is then absent again after 31 May, we will look back 12 months from the
first day of absence to ascertain the total number of days paid absence taken and if, in the
rolling 12 month period, the employee has been paid less than 65 days at full pay then the
balance of the 65 days full pay will be paid before half pay recommences.
In any 12 month period a maximum of 65 days will be paid at full pay and 65 days at half
pay (130 days in total).
If you have been on long term sick leave continuously for more than a year you will not
qualify for OSP again until you have returned to work for a total of 3 months and/or
successfully completed any relevant rehabilitation programme.
Depending on the circumstances, you may be eligible for benefits under the Group Income
Protection scheme. Details of the Group Income Protection scheme can be accessed via the
Flexible Benefits Intranet
.
We reserve the right to withhold or withdraw OSP in certain circumstances including, but
not limited to:
• where it has been communicated to you that disciplinary or performance
management proceedings will commence or where either are ongoing
• where you have not followed the relevant reporting procedure
• where you refuse to comply with a request to be examined by occupational health or
a specialist consultant and/or for a report to be provided to us
• where the absence is for elective surgery (excluding fertility treatment)
• after you have been given notice of termination of employment
Salary and performance review
Please see the Salary and Benefits Policy for more information on pay and benefits in
connection with sickness absence.
Sick leave and Annual leave
Please see the Annual leave Policy for details about accrual of annual leave during sick
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leave and sickness during pre-arranged annual leave.
Medical examinations
We may, at any time in operating this policy, require you to consent to a medical
examination by our Occupational Health advisers and/or a doctor nominated by us (at our
expense).
You will be asked to agree that any report produced regarding any such examination may
be disclosed to us and that we may discuss the contents of the report with our advisers and
the relevant doctor.
Return to work meetings
The purpose of a Return to Work (RTW) meeting is to welcome you back to work and check
whether you are well enough to resume to usual duties.
A RTW meeting enables us to confirm the details of your absence and gives you the
opportunity to raise any questions or concerns you may have and to bring any matters to
your managers attention. This may include, any personal issues/underlying conditions that
you wish to disclose.
It will help managers to develop a broader understanding of the reason behind sickness
absence and identify any appropriate follow up action ie Occupational Health Referrals, Risk
Assessments etc.
Returning to work on a phased programme
We are committed to helping employees return to work from sickness absence.
We will, where appropriate and possible, support returns to work by obtaining medical
advice, making reasonable adjustments to the workplace, working practices and working
hours, considering redeployment and/or agreeing a return-to-work programme with
everyone affected.
In consultation with you and your line manager, a tailored return-to-work programme may
be prepared by occupational health. Your pay during any return-to-work programme will be
confirmed to you taking into account both the hours you work during the programme and
the level of occupational sick pay that you are entitled to.
You will be entitled to full pay for the hours that you work as part of any return to work
programme. Any hours that are recommended to be non-working, will be recorded as
sickness and paid in accordance with the level of OSP that you are entitled to.
If after 12 weeks you are not making sufficient progress towards re-establishing your
previous work pattern, we may discuss permanent adjustments to your contract of
employment and working arrangements with a view to achieving an outcome that is
satisfactory to you and the FCA.
If you are unable to return to work in the longer term, we will consider whether you are
entitled to any benefits under your contract and/or our PHI scheme.
Absence management procedure
The following paragraphs set out our procedure for dealing with long-term sickness absence
or where your level or frequency of absence concerns us. The purpose of the procedure is
to investigate and discuss the reasons for your absence, whether it is likely to continue or
recur and whether there are any measures that could improve your health and/or
attendance. We may decide that medical evidence, or further medical evidence, is required
before deciding on a course of action.
The FCA’s formal absence management procedure has 3 stages. In most situations, the
procedure will move from one stage to the next. There may, however, be occasions where
this will not be the case and the process may start at a later stage.
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We will notify you in writing of the time, date and place of any meeting, and why it is being
held. Meetings will be conducted by your line manager and will normally be attended by a
member of the HR Division.
You may bring a companion to any meeting under this procedure. The companion may be
either a colleague (not a member of HR) or a trade union representative. If you or your
companion cannot attend at the specified time you should let us know as soon as possible
and we will try, within reason, to agree an alternative time.
If you have a disability, we will consider whether reasonable adjustments may need to be
made to the sickness absence management procedure, or to your role or working
arrangements.
Stage one absence management meeting
The purpose of a sickness absence meeting or meetings will be to discuss the reasons for
your absence, how long it is likely to continue, whether it is likely to recur, whether to obtain
a medical report, and whether there are any measures that could improve your health
and/or attendance.
In cases of long-term sickness absence or more than 7 days, we may seek to agree a return-
to- work programme, possibly on a phased basis.
In cases of intermittent short-term sickness absence, we may set a target for improved
attendance within a certain timescale.
Following a stage 1 absence management meeting, if we decide that your attendance is
unsatisfactory, we will give you a first absence warning.
Stage two absence management meeting
If, after a reasonable time, you have not been able to return to work or if your attendance
has not improved within the agreed timescale, we will hold a further meeting or meetings.
We will seek to establish whether the situation is likely to change, and may consider
redeployment opportunities at that stage. If it is considered unlikely that you will return to
work or that your attendance will improve within a reasonable time, we may give you a final
absence warning that you are at risk of dismissal. We may also set a further date for review.
Stage three absence management meeting
If you have been warned that you are at risk of dismissal, and the situation has not changed
significantly, we will hold a meeting to consider the possible termination of your
employment. Before we make a decision, we will consider any matters you wish to raise
and whether there have been any changes since the last meeting. The FCA will consider
dismissing an employee on long-term sick leave only after it has made all reasonable and
practicable attempts to support their return to work, including any reasonable adjustments
if the employee has a disability.
Appeal
You may appeal against the outcome of any stage of this procedure. If you wish to appeal
you should set out your appeal in writing to the Employee Relations Manager within 5
working days of the date on which the decision was sent or given to you. We will hold an
appeal meeting which will be dealt with impartially and, where possible, by a more senior
manager.
We will confirm our final decision in writing as soon as practicable. There is no further right
of appeal.
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6.2 Menopause policy
Our approach
Providing an inclusive and supportive environment, where all colleagues are treated fairly, with
dignity, respect and understanding, and their health and wellbeing is fully supported, is one of our
main priorities.
We recognise that, at any time, many colleagues will either be experiencing perimenopausal or
menopausal symptoms or know someone who is. We also recognise the menopause as the important
workplace issue it is.
We want to take a proactive approach, promoting greater understanding across the workforce so that
people can be supported to give their best, regardless of perimenopausal or menopausal symptoms
and their impact. We want our workplace to be one where colleagues feel able to have open and
honest conversations about the menopause and ask for help, and managers and colleagues feel
equipped and empowered to support them.
Policy statement
The aim of this policy and accompanying procedure is to:
• ensure that we work proactively to make adjustments, where necessary, to support those
experiencing the menopause and to ensure the workplace does not make their symptoms
worse.
• raise wider awareness and understanding across our whole workforce of the menopause and
the symptoms colleagues may experience.
• make managers aware of their responsibility to understand the menopause and the related
issues that can affect colleagues.
• provide greater clarity and direction on how we deal with menopause related issues, either for
individuals experiencing them or those who are affected indirectly, for example, partners,
colleagues or line managers.
• ensure consistent support is made available to those impacted by the menopause or its
symptoms.
In this policy, where we refer to the menopause, we also mean the perimenopause.
The menopause largely impacts women in their 40s to 60s; however, it can occur at an earlier age
such as those who have undergone a hysterectomy or cancer treatment. Other groups affected by the
menopause at any age include those who have functioning ovaries, such as some transgender, some
non-binary people and some intersex people. This policy is inclusive of all gender identities.
Disability, age, race, ethnicity, religion, sexual orientation or marital/civil partnership status may also
affect how menopause is experienced and managed. So, although it may be a natural life change for
some, it can affect everyone differently.
This policy is intended to contribute to a positive employee experience but does not form part of an
employee’s contract of employment. This policy applies to all employees, contractors, consultants,
agency workers and interns.
The accompanying Menopause procedure
provides more information about the support available and
how to access it.
6.3 No smoking and vaping policy
We are committed to protecting your health, safety and welfare by providing a safe place
of work and protecting all workers and visitors from exposure to smoke.
Our workplaces are smoke-free in accordance with the smoking ban that came into force in
England on 1 July 2007 under the Health Act 2006, and the similar ban that came into force
in Scotland on 26 March 2006. Our policy also covers the use of all vaping products.
Where are smoking and vaping banned?
Smoking and vaping are not permitted anywhere in our workplaces, including the terrace
in the London office and the areas immediately outside the entrances to the London and
Edinburgh offices. The ban applies to:
•
anything that can be smoked and includes cigarettes, pipes (including water
pipes such as shisha and hookah pipes), cigars, herbal cigarettes; and
•
anything that can be vaped including electronic cigarettes and non-tobacco
products.
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Hosts should ensure their visitors to the FCA are made aware of our policy. These rules also
apply to anyone using our vehicles (including vehicles hired by the FCA) for work, whether
as a driver or passenger.
In London, our offices are located in the International Quarter London (IQL) which is a
smoke-free estate. Local signage provides further information.
Reasonable breaks for individuals are allowed provided these do not prevent them from
satisfactorily carrying out their responsibilities and work duties, and there is no significant
loss in productivity.
Breaches of this policy by any employee will be dealt with under our Disciplinary Procedure.
6.4 Drug and alcohol policy
Our employees are our most valuable resource and their health and safety is of the utmost
importance. Drug and alcohol misuse has the potential to damage the health and wellbeing
of our employees and threaten the success of our business.
There are often signs that might suggest that someone has a problem. These include a
decline in work performance; a poor attendance record; unreliability; unexplained injuries;
and changes in behaviour, such as irritability and lack of concentration.
Helping employees
We encourage you to seek help if you have an alcohol or drugs-related problem and to seek
advice on the assistance available. You should discuss this with your manager, contact the
HR Helpline or seek help through the confidential Employee Assistance Programme.
Once such an issue affecting your health comes to the attention of your manager or HR,
other steps taken to support you may include a referral to our occupational health adviser.
Disciplinary action
We consider alcoholism and drug dependency as illnesses. Although our intention is to help
employees with substance abuse problems, we may take disciplinary action, up to and
including dismissal, for the following serious offences:
• possessing, using or selling illicit drugs on FCA premises, the premises of a regulated
organisation and at any other event when representing the FCA
• working under the influence of alcohol, such as to impair performance or conduct
• drinking alcohol on FCA our premises (except when authorised by management)
• being under the influence of alcohol, drugs or other prescribed substances that impair
performance or conduct while at work (including attending any event, whether social
or otherwise at FCA our premises or elsewhere)
If an employee refuses to accept referral to specialist help, eg an Occupational Health
Advisor, we may initiate disciplinary action.
Rehabilitation
The FCA will support employees who are undergoing treatment for an alcohol or drug
problem. Employees on a rehabilitation programme will usually be subject to normal
sickness/absence rules.
6.5 Eye tests
We recognise that some employees will require glasses or contact lenses for VDU work. We
will contribute toward eye tests and eye care in accordance with our obligations under the
Display Screen Equipment (DSE) Regulations 1992 (amended 2002).
We will contribute up to £25 annually towards the cost of an eye test carried out by a
qualified optometrist. To claim for an eye test you should submit an Employee Expense
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report via Workday selecting expense type Eye Test and attach the receipt from the
optometrist showing the value of the test.
If the test reveals that glasses or contact lenses are needed for VDU work, we will contribute
up to a further £60 towards the costs of the glasses or contact lenses. If you wish to make
a claim, your optician must provide a written statement to confirm the glasses or contact
lenses are required for VDU use. We will not be able to reimburse you if the statement only
confirms general use. You should submit an Employee Expense report via Workday selecting
expense type VDU Glasses or contact lenses and attach your receipt and VDU statement
from the optician. Once Expense Report has been approved by your line manger Accounts
Payable will issue payment in their weekly settlement run.
6.6 Fertility treatment
We recognise that some colleagues may require professional medical support with starting
a family which may include undergoing medical treatment. We recognise it can be a difficult
time and want to provide support at work.
If you or your partner are undergoing fertility treatment you may take up to 3 days’ unpaid
leave in any 1 year. If you require additional time off, you should discuss this with your line
manager who will be able to approve your request in Workday.
Fertility treatment differs case-by-case and in order that appropriate assistance can be
offered, it is important that you discuss treatment dates and key stages with your manager.
Where possible, GP and hospital appointments which are not being taken as annual leave
should be made for the beginning or end of the working day. This may not always be possible
and where an appointment and travel time is likely to last over 2 hours, annual leave should
be used.
Giving as much notice as possible of appointments will help with planning work. If
appointments or treatment may be required at short notice please discuss this with your
manager. A manager may ask to see an appointment card or supporting documentation.
You may wish to reconsider your work arrangements and assess whether a flexible working
request is needed.
We understand that individuals may need to take delivery of medication and this should be
discussed with your manager and HR Business Partner to make suitable arrangements. We
take no responsibility for medication while it is on the FCA’s premises and it remains your
responsibility at all times.
We recognise that problems relating to fertility and conception can cause considerable
psychological and physical distress and are sympathetic to those who decide to undergo
this treatment. We provide a free Employee Assistance Programme
(EAP) to all individuals,
which gives confidential, impartial advice and support whenever it is needed.
If a course of treatment or a medical procedure causes illness and sickness absence, this
will be recorded in line with the Sickness Policy.
6.7 Medical and dental appointments
Wherever possible you should arrange all medical (doctor, dentist and hospital)
appointments outside normal working hours. If this is not possible, you should discuss this
with your manager and try to arrange appointments at times which cause the least
disruption to your work. You should also make up the time. Your manager may ask to see
confirmation of the appointment or supporting documentation.
6.8 Stress at work policy
We are committed to identifying, tackling and preventing the causes of work-related stress
and to providing appropriate support and consideration to staff suffering from stress, on a
confidential basis where appropriate.
This commitment extends to maintaining a working environment that protects the
psychological as well as physical health of all our employees, wherever possible.
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What is stress?
The UK Health and Safety Executive define stress as the adverse reaction people have to
excessive pressures or demands placed on them.
A certain amount of pressure can motivate us and enable us to perform at our best.
However, when pressure becomes excessive we can potentially start to experience stress.
Pressures from outside the workplace, whether the result of unexpected or traumatic events
such as accidents, illness, bereavement, family breakdown or financial worries, can result
in stress. They can also compound normal workplace pressures.
We recognise that what triggers stress and the capacity to deal with stress varies from
person to person.
Support
We are committed to helping staff who may be suffering from stress. We aim to do this in
the following ways:
• identify workplace stressors as far as reasonably practicable and conduct stress
risk assessments
• provide training for all people managers in good management practices
• provide confidential free counselling for staff affected by either work or external
stress through an EAP (Employee Assistance Programme)
• provide adequate resources to enable managers to implement the FCA’s agreed
stress management strategy
• promote a culture of open communication, participation and encouragement
• strive to provide a workplace free from harassment, bullying and victimisation
• address violence, aggression and other forms of inappropriate behaviour through
disciplinary action
• effectively plan and provide feedback on performance
• ensure that employees understand the standards of behaviour expected of them
and others and act on behaviour which falls below those standards
• provide adequate training to ensure employees are able to carry out their roles
• monitor working hours to ensure employees are not overworking
• monitor annual leave to make sure employees are taking breaks from work to
support your physical and mental wellbeing
Resolving stress
If you believe you are suffering from stress you should discuss this with your manager in
the first instance. If you feel unable to do so you should contact the HR Helpline or access
the EAP.
Once an issue affecting your health comes to the attention of your manager or HR, steps
will be taken to address that issue. This may include a referral to occupational health and
the completion of a stress risk assessment.
If you are absent due to stress you should follow the sickness absence reporting procedure
in our Sickness Absence Policy.
6.9 Travel health policy
The aim of this policy is to minimise risks, as far as is reasonably practicable, to the health
of staff who undertake business travel, and to minimise the impact of travel-related ill-
health. It applies to all employees primarily if you are travelling to ‘high risk’ areas (ie areas
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other than Western and Central Europe, North America, Australia and New Zealand).
The FCA will work with you to ensure you are:
• adequately prepared for your journey
• fit to undertake that journey
• briefed with journey specific travel health advice and receive necessary vaccinations
You should consider your fitness to travel (including any vaccination requirements) prior to
undertaking any overseas business travel. Should you have any concerns you are
encouraged to undergo a health assessment with the Occupational Health Adviser 4 to 6
weeks before departure to allow sufficient time to ensure adequate protection.
The initial assessment will be in the form of a health questionnaire.
If any health issues are disclosed, you may need to be assessed further either by your GP
or a medical advisor appointed by the FCA.
If you are considered unfit to travel, your line manager will be notified in writing by the
Occupational Health Adviser. This notification will not disclose the reason you are unfit to
travel.
Journeys to destinations of high risk (as determined by the TRAVAX database that is
accessible by the Occupational Health Adviser) may need to be delayed to ensure you are
fully protected by recommended and/or compulsory vaccines.
You are asked to take appropriate precautions and heed any advice given.
At the end of the consultation you will be asked to sign a declaration stating that, to the
best of your knowledge, you have received the appropriate travel health advice,
immunisation(s) and/or malaria prevention medication appropriate to the country/countries
you are visiting.
If you refuse the recommended immunisation, the Occupational Health Adviser will inform
your line manager and the Health and Safety Officer, who will consider the health and safety
implications. This is to ensure that, as an employer, FCA we fulfil our duty of care to you
and that, as an employee, you are not in breach of health and safety legislation. This could
include a decision that you do not travel on business to the high risk area.
Post travel assessment
If you have concerns about your health following a period of overseas business travel, you
should contact your GP.
A post-travel health assessment should be carried out in the following circumstances:
• if you experience any travel-related medical condition while abroad
• if you have a chronic disease or medical condition
• if you experience a fever, diarrhoea, vomiting, jaundice, urinary disorders, skin or
genital infections in the weeks following your return from travel
• following a long stay abroad (i.e. three months or more)
• if you fall ill following your return to the UK
A medical assessment may include an appointment with the Occupational Health Adviser,
completion of a post-travel health assessment questionnaire, or an appointment with a
physician.
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6.10 Health and safety policy
The FCA acknowledges and accepts the responsibilities placed on it as the ‘employer’ by the
Health & Safety at Work Act 1974, and other relevant legislation. We are committed to
ensuring the health and safety of staff and to providing a safe and suitable environment for
all those attending our premises.
We review and publish our Health & Safety Policy statement annually which is approved by
the COO. It is available to view on H&S noticeboards on the Intranet.
Accidents at work - accident reporting
All accidents, injuries and cases of ill-health caused by, or affecting, your work must be
reported without delay. If you are injured, no matter how slight your injury may appear,
you must always report it to your line manager, ensure that you are seen by a first-aider
and that the details of your accident or injury are reported to Security Control. All dangerous
occurrences and ‘near miss’ incidents should also be reported in the same way.
You must not work if you have taken medication or any other substance that could adversely
affect your ability to operate equipment or work safely.
If you see a hazard or situation in which a potential accident could occur, or where an injury
could be sustained, you should report it immediately to the Facilities Helpdesk.
First aid provision
Several employees are trained and qualified to give first aid. If you or anyone in the building
requires first aid you should contact Security Control or dial 2222 in an emergency.
Emergency procedures - fire
We will regularly undertake fire risk assessments, take steps to minimise the risk of fire and
appoint trained Fire Marshals to aid building evacuations.
Our fire evacuation practices and procedures are in accordance with our legal requirements
and you should familiarise yourself with them.
All employees are obliged to report any concerns or fire hazards to the Facilities Helpdesk.
for example, where corridors or other escape routes are obstructed; where fire doors have
been propped open; or any faults with lighting or other equipment.
Detailed information on health and safety matters is in the FCA Health and Safety
Management Framework, which is available on the Intranet’s Health & Safety pages. The
framework document contains obligations and operational arrangements on many topics
including, for example: Driving at Work; further information about First Aid; Home Working;
Manual Handling, Safety when working away from FCA Premises and many others.
In addition to the Policy and Management Framework there is mandatory eLearning, a
mandatory Display Screen Equipment assessment module, and an emergency procedures
video to provide additional information for staff. These can be accessed from the Health &
Safety Intranet pages and Learn on
SECTION 2 - CONTRACTUAL TERMS
1.
General Statement of Terms and Conditions of Employment
1.1
Introduction
1.1.1
The General Statement of Terms and Conditions set out below and your Personal
Statement together form your Contract of Employment.
1.1.2
Subject to 1.1.3, if there is any inconsistency between your Personal Statement
and any subsequent variations and this General Statement, your Personal
Statement and any subsequent variations will prevail.
1.1.3
If an inconsistency or conflict arises because a term or condition is absent from
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your Personal Statement, the relevant term or condition in the General
Statement will prevail.
1.2
Place of work
1.2.1
Your normal place of work will be as notified in your Personal Statement. We
may reasonably require you to work in any other FCA offices, any regulated firm
or other third party inside the United Kingdom.
1.2.2
You are not currently required to work outside the United Kingdom except for
business trips or other trips in the course of your work. You may be required to
make visits to third parties anywhere in the United Kingdom and there may be
times when it is necessary to stay away overnight. It is a condition of your
employment that you undertake these requirements to travel.
1.3
Annual leave
1.3.1
If you join the FCA part way through the holiday year, your annual leave
allowance will be pro-rated within the initial holiday year or for the term of your
contract if employed on a fixed term contract.
1.3.2
If, on the termination of employment you have not taken your full accrued annual
leave allowance, you will be paid for any untaken annual leave up to the date of
termination. If you have taken more annual leave than you have accrued, we
reserve the right to deduct the value of days taken in excess of your accrued
allowance from the final salary payment made to you.
1.3.3
Annual leave pay will be based on pensionable salary. Any annual leave pay due
to you or deducted from your final pay will be calculated as follows:
(i)
If you work every day of the week (Monday to Friday inclusive) on
a full-time or part-time basis, annual leave pay is:
Pensionable salary/260 x number of untaken days’ accrued annual
leave or number of days annual leave taken in excess of annual
leave that have been accrued (as the case may be).
(ii)
If you work less than 5 days per week, regardless of the number
of hours you work on those days, annual leave pay is:
Pensionable salary/A x number of untaken days accrued annual
leave or number of days’ annual leave taken in excess of annual
leave that have been accrued (as the case may be).
Where A is the number of days per week worked x 52.
1.3.4
Payment for untaken but accrued annual leave will only be made if you are
leaving the FCA.
1.3.5
Accrued annual leave includes your accrued core annual leave (pro-rated by the
number of completed calendar months of service in your final holiday year),
annual leave carried over and additional annual leave purchased through flexible
benefits (which have been paid for in full at the point of leaving).
1.3.6
In the following circumstances, you will only receive payment for any accrued
but untaken annual leave that falls within your statutory entitlements ie 28 days
including public and bank holidays:
(i)
dismissal without notice for gross misconduct
(ii)
leaving the FCA without giving due notice
(iii)
for any period of enforced leave of absence following notice (where
the entitlement is deemed to have been taken during the period
of enforced leave)
1.4
Exclusive employment
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1.4.1
While employed by the FCA you are not permitted to undertake any additional
employment, whether directly or indirectly, except with written approval of the
FCA and recorded in the conflicts of interest portal. Agreement will not be given
where a potential conflict of interest exists, ie if the role involves any firm, person
or organisation that is or has been regulated, monitored or investigated by the
FCA or has applied for authorisation.
1.4.2
Restrictions on external employment include casual or part-time work in your
spare time (whether paid or not) and employment includes directorships,
trusteeships, local authority councillorships, or provision of services as
consultant or agent.
1.4.3
On joining the FCA, you must disclose any external employment, appointment
or business interest. You will need to obtain written approval in advance from
your Director/Head of Department and recorded in the conflicts of interest portal
before continuing with this activity.
1.5
Leaving the FCA
1.5.1
Summary (ie instant) dismissal
The FCA has the right to terminate your employment immediately without a
payment in lieu of notice or further compensation if you breach the terms and
conditions of your employment, are guilty of conduct that brings or may bring
the FCA into disrepute and/or in the case of gross misconduct.
1.5.2
Working your notice period
(i)
You will be expected to work your full notice period. However,
on occasions, following notice either by the FCA or by you, the FCA
may, at its sole discretion, place you on garden leave and continue
to pay you your full contractual salary and benefits until your
employment terminates in accordance with your contract of
employment. The FCA is entitled during your notice period to:
• exclude you from the premises of the FCA, and any
regulated firm or other third party at which you may be
working at the relevant time on behalf of the FCA
• require you to carry out specified duties for the FCA other
than your normal duties
• require you not to communicate in your capacity as an FCA
employee with firms or organisations regulated by the FCA,
other third parties or FCA employees or officers
• require you to refrain from attending internal and external
meetings, or forums that may present a conflict or are
commercially sensitive in nature
(ii)
In addition, the FCA is entitled during your notice period to require
that you:
• do not have contact with employees or third parties except
as authorised by us
• do not carry out all or part of your duties
• return to us all documents, portable storage media or
devices and other property belonging to us
(iii)
On leaving the FCA, you may not claim employment or connection
with the FCA (other than as a former employee) to any third party.
(iv)
We may require you to take any accrued untaken annual leave
which is above statutory minimum annual leave during your
110
notice period.
1.6
Confidentiality of information
1.6.1
You must observe absolute confidentiality concerning the affairs of the FCA,
other than as required to perform your normal duties. This includes all aspects
of the FCA’s business, committees, tribunals, panels and working groups, as well
as the firms and individuals that we regulate. Information must be kept
confidential, even if it is favourable and not adverse to the firm or individual
concerned. Guidance is available from the General Counsel Division (GCD) on
the circumstances in which we and our employees may, in the course of their
duties and for regulatory and other purposes, disclose confidential information.
You should seek further guidance if you are uncertain as to whether confidential
information can be disclosed.
1.6.2
You should be particularly discreet in casual, social or other contact with
journalists, regulated firms and individuals and other people operating in the
financial markets.
1.6.3
Disclosing confidential information without permission may be a criminal offence.
1.6.4
The duty to observe confidentiality is ongoing and does not cease after you leave
the FCA.
1.7
Political activities and public debate
1.7.1
If you intend to seek selection as a prospective parliamentary candidate (PPC)
or local authority councillor you should try to give at least 3 months’ notice to
your manager. Where we consider there to be a conflict of interest between your
current role and your proposed political involvement, which may be prejudicial
to our integrity, your line manager will discuss it with your Head of Department
/ Director and we reserve the right to move you to other work.
1.7.2
Special rules will apply if you are seeking selection as a PPC. You should discuss
your intentions with your Director/Head of Department, the HR Helpline and the
Communications Division.
1.8
Intellectual property
Any intellectual property created or produced during your employment, with the FCA or
related to work carried out by the FCA, may not be used by you except in the performance
of your duties. Such work will remain the property of the FCA and you may be required to
assign the property rights to the FCA.