Amended People Policy National Disaster/Pandemic - 17th March 2020 - Our Tesco
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Introduction This document is intended to communicate temporary changes to our Company Policies in order to support our colleagues and manage our business in the event of a National Disaster or in the case of a Pandemic being confirmed by the UK Government or the Global Health Officer. This pack has been updated in March 2020 to include information relevant to the outbreak of the Coronavirus (COVID-19). Our approach is to maintain business as usual employment policies until such a time as a National Disaster or Pandemic is confirmed. All of our employment policies can be found on Colleague Help. A question and answer document has been produced to support People Partners with queries in relation to Coronavirus (COVID-19). Policy Contents Pandemic Coronavirus (COVID-19) Return to Work Questionnaire page 2 Pandemic Coronavirus Health Clearance Process page 3 Time Off to Care for Dependants page 5 • Emergency Leave page 5 • Compassionate Leave page 5 • Parental Leave page 6 • School Closure page 6 • Unauthorised Absence and Lifestyle Break page 6 • Summary table of options to care for Dependants page 7 • People Partner Q&A page 8 Amendments to Policy page 9 • Sickness Absence Policy page 10 • Unauthorised Absence Policy page 11 • Holiday Policy page 12 Changing Terms & Conditions page 14 Expatriates page 20 Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 1 of 23 – 17th March 2020
PANDEMIC CORONAVIRUS (COVID-19) RETURN TO WORK HEALTH QUESTIONNAIRE Colleagues should not come into work until this assessment has been completed. This should normally be completed over the phone before the colleague returns, the colleague should then confirm and sign during the normal Return to Work meeting. What is this form for? Ensuring that colleagues are fit to come into work. When should it be used? This form should be completed by colleagues when: 1. They believe they may have been exposed to Coronavirus (COVID-19) or are due to return to work having been infected with Coronavirus (COVID-19). The normal return to work from absence form should also be completed. 2. Where a colleague has self-isolated following a continuous cough or cold in line with the government guidance. 3. Where a colleague has self-isolated as someone living in their household has COVID-19 or a continuous cough or temperature over 37.8°C or someone in my household does. What are the symptoms of Coronavirus (COVID-19)? The Coronavirus is a new virus that has not been previously identified in humans. Whilst the virus is new it is like other viruses we have seen before; good hygiene practices will help reduce the spread. Always cough or sneeze into a tissue and then throw it away and wash hands for at least 20 seconds. COVID-19 was first identified in the city of Wuhan, China in December 2019. Common signs include respiratory symptoms, fever, cough, shortness of breath, and breathing difficulties. In more severe cases, infection can cause pneumonia and severe acute respiratory syndrome. In most cases people recover to full health, however for some who have underlying health issues the virus can prove fatal. Have you experienced some or all of these symptoms in the last 14 days? No and I do not have a I have a new, Yes. new, continuous cough or continuous cough or You may have caught Coronavirus (COVID- temperature over 37.8°C temperature over 19), please stay away from work for 14 days from the start of your symptoms, or sooner 37.8°C or someone in where you have been tested by the NHS and You are fit to be at work. my household does. it is confirmed that you are virus free. You should not attend your place of work until you have This will help to prevent the disease being self-isolated for 14 days and you no longer have a high passed on to your colleagues. You should temperature. visit the NHS111 website. Northern Ireland (7 Days if I live on my own) Colleagues should contact their GP Surgery Office workers can work from who will arrange for you to be tested. home Declaration (Please tick one of the following) I confirm that having been diagnosed with Coronavirus (COVID-19) and I have completed 14 days isolation. I confirm that it has been 14 days* or more since I or someone in my house started showing symptoms of a ‘New Continuous Cough (coughing repeatedly)’ and I no longer have a high temperature (over 37.8°c). *7 days where I live on my own. I understand that it is important for my own, colleagues and customers safety that I complete this form with true and complete answers and that deliberate misrepresentation may result in disciplinary action being taken. Name: Date: Employee Number Signature: (This should be completed by the Manager if conducted by telephone and signed by the colleague on return) Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 2 of 23 – 17th March 2020
PANDEMIC CORONAVIRUS (COVID-19) RETURN TO WORK HEALTH CLEARANCE PROCESS What is it for? Checking that Tesco colleagues are fit to return to work following possible exposure to the Coronavirus (COVID-19). Why is it required? To help prevent our colleagues from spreading Coronavirus to other colleagues. When should it be used? This guidance is triggered when: 1. A Pandemic Coronavirus (COVID-19) outbreak is formally declared outside the UK and must be used by travellers returning from these areas. 2. A Pandemic is declared in the UK and must be used by colleagues who believe they have been exposed to the Pandemic Coronavirus (COVID-19) or have had the virus. How should it be used? You should ask the colleague to complete the questionnaire and review the answers against the guidance below. (This should normally be completed over the telephone before the colleague returns to work as part of the Return to Work call, when returning from COVID-19 related absence or when they have returned from Self-Isolation having followed government advice). If the colleague has experienced Coronavirus symptoms in the last 14 days they are not fit to return to work, advise them to visit the NHS 111 Website (or to phone their GP surgery if they live in Northern Ireland) and have not already done so. If the colleague has been symptom free for 14 days then they are fit to return to work, however should they start to experience any symptoms in the future they should be sent home until symptom free for a further 14 days. Colleagues should also be reminded at regular intervals to: • Wash hands frequently and thoroughly (particularly after contact with people who are ill) • Cover mouth and nose with a tissue while sneezing or coughing • Dispose of used tissues promptly and carefully – bag and bin them • Avoid touching your eyes, nose or mouth • Wash hard surfaces (e.g. worktops, door knobs) with a domestic cleaner regularly • Avoid unnecessary travel and avoid crowds where possible • Ensure your children follow this advice. • If any symptoms return they should tell you immediately, so you can seek further advice. • They should not return to work until 14 days following their last symptoms. Colleagues who have a new, continuous cough or temperature over 37.8°C are to self- isolate at home for 14 days (7 days if they live on their own). Where a colleague lives with someone who has been confirmed as having Coronavirus or someone who is self-isolating as a result of a new continuous cough or high temperature, they should also self-isolate for 14 days from when that person’s symptoms began. How do I seek further advice on return to work? There are two ways to seek further advice on a colleague’s suitability to return to work: 1. Ask the colleague if they have visited the NHS111 Website and have been tested and confirmed virus free. 2. Confirm with the colleague that they have been symptom free for 14 days (7 days where they live on their own) or more. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 3 of 23 – 17th March 2020
You should ask the colleague to let you know the outcome of any medical tests and any advice the that a Doctor has given. In addition, remind colleagues that deliberate misrepresentation may result in disciplinary action. 2. Contact Occupational Health to discuss the colleague’s fitness to return to work via the normal referral process. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 4 of 23 – 17th March 2020
NATIONAL DISASTER/PANDEMIC TIME OFF WORK TO CARE FOR DEPENDANTS _____________________________________________________________________ Absence – Caring Responsibilities OUR APPROACH We want to support our people who need time off work to care for their dependants in the case of a National Disaster such as a Global Health Pandemic. We recognise that many colleagues may not be able to attend work as normal if members of their family become ill. Parents may need time off work to look after their children if schools or nurseries were closed. We will use our existing, effective policies to manage this with slight variations to reflect the extraordinary circumstances. In the first instance when someone asks for time off, we will consider holidays, shift swaps or changing hours. Any unused holiday must be taken before the end of the holiday year (31st March). To ensure that everyone is treated fairly we will explore all types of leave described below for any colleague. Leave should not be extended beyond the periods outlined under the heading below as this can be viewed as unfair to others in similar situations. All requests for time off will be considered equally. The following policies remain the same in the event of a National Disaster: • Holidays and shift swaps • Emergency Leave • Bereavement and Parental Bereavement Leave • Lifestyle Break These can be found on Colleague Help. However, in the event of a National Disaster there are changes to the Unpaid Compassionate Leave and Parental leave policies and School Closure Leave is introduced, the details are outlined below. EMERGENCY LEAVE Emergency leave is available to support colleagues who are faced with a short term, unexpected personal emergency that requires them to care for someone who depends on them. This could include the break down of childcare arrangements or a close family member becoming ill. Emergency leave is unpaid and is granted for a maximum of 2 days. Colleagues must inform their manager as soon as possible of their need to take emergency leave. If, after 2 days they are still unable to attend work, other types of leave must be considered such as holiday, compassionate leave or parental leave. Further details can be found in the Time Off Policy on Colleague Help. COMPASSIONATE LEAVE We want to support people who need to take time off to care for members of their family who are ill. A maximum of 4 weeks unpaid compassionate leave will normally be permitted, which can be extended up to 8 weeks with Store Manager / WL3 authorisation. This is to ensure we can continue to operate and offer essential service to customers. Where compassionate leave of more than 1 week is granted, the ‘Confirmation of Compassionate Leave’ standard letter should be issued (this can be found on Colleague Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 5 of 23 – 17th March 2020
Help ‘Letters for Managers’ under ‘Time Off Letters’. The Time Off Policy on Colleague Help gives further information. PARENTAL LEAVE Colleagues with at least one year’s service may apply for parental leave if: • they are the parent of (or have parental responsibility for) a child who is under the age 18 • they have adopted a child within the last 5 years, who is still under age 18 • they have a disabled child under age 18, Parental leave is unpaid and is granted solely to look after the child or make arrangements for the good of the child. Parents (including both parents in same sex relationships) may apply for 12 weeks in total per eligible child, which may be taken in minimum blocks of 1 week up to a maximum of 4 weeks per year (where the child is disabled the parent can take these as single days). Normally, 21 days notice is required to take Parental Leave. In the case of a Pandemic being confirmed, this notice requirement would be waived as we understand that Parents may need to take immediate time off work. More information on Parental Leave can be found in the Unpaid Parental Leave Policy on Colleague Help. SCHOOL CLOSURE In the event of schools closing during a pandemic or national disaster, we recognise that many colleagues who work during school hours will be faced with an immediate problem in arranging childcare. Our initial aim will be to authorise holiday, shift swaps, emergency leave or changes to hours. For example, parents who normally work during the day may be able to make up their hours in the evening if they have a partner who could take over child care responsibilities. If none of these options are practical, we will grant up to 1 week’s unpaid leave due to school closure, to allow parents the time to make alternative arrangements for the care of their children. UNAUTHORISED ABSENCE AND LIFESTYLE BREAKS There is likely to be a sharp increase in unauthorised absence during a National Disaster or Pandemic. We will continue to apply our existing policy for unauthorised absence, although proceeding with caution and sensitivity, taking into account the circumstances of the individual. If postal services are disrupted, contact will need to be made by telephone and a record kept of calls. Where a colleague is caring for someone who is seriously ill, and all types of authorised absence have been exhausted, we should consider a Lifestyle Break as the next option. More information on Lifestyle Breaks can be found in the Lifestyle Break Policy on Colleague Help. (Colleagues will be able to take this break with minimal notice in the event of a national disaster or Pandemic subject to it being agreed). RELATED READING All of our employment policies can be found on Colleague Help. Holiday policy, Time Off Policy (which includes Emergency, Bereavement and Parental Bereavement Leave), Unauthorised Absence Policy, Lifestyle Break Policy, Sickness Absence Policy, Parental Leave Policy. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 6 of 23 – 17th March 2020
NATIONAL DISASTER/PANDEMIC – OPTIONS FOR TIME OFF TO CARE FOR DEPENDANTS TYPE OF LEAVE PURPOSE LEGAL DURATION WHO QUALIFIES PAID? CONSIDERATIONS REQ.? Gives option of Yes As per Everyone Yes Towards end of holiday year take any unused Holiday paid leave entitlement holiday before other types of leave. Shift swap No loss of pay, No Varies Everyone Yes We could help to facilitate shift swaps during crisis reduce absence to reduce absence. Emergency Time off to care Yes 1 to 2 days Everyone No Only granted to care for someone who is Leave for dependants in specifically dependant on the colleague – not just an emergency any family member. Parental Leave To look after child Yes Max 4 weeks See below * No During National Disaster we would waive the / make per year in 1 requirement to give 21 days’ notice of parental arrangements for wk blocks leave. their care Compassionate To care for a sick No 4 weeks can Everyone No Use standard letter if more than 1 week is Leave relative extend to 8 authorised and set a review date. WL3 mgr can wks authorise up to 8wks. School Closure Short term care No Up to 1 week Parents who work No Consider making up hours at another time (e.g. leave for children if during school evenings) before granting to reduce impact to schools close hours colleague pay and absence. Bereavement After the death of No 5 days Everyone Yes - Leave a relative Parental After the death of Yes 14 days (pro- All parents (see list Yes Applies to parents, primary carers (including Bereavement a child under the rata) in considerations) adopters), Foster Parents and Guardians as well as Leave age of 18 statutory relatives who have assumed parental responsibility leave in the absence of a parent, where they lose a child (From the 1st April 2020) under the age of 18. Lifestyle Break Final option when No 4 weeks to 1 2 years service No Meet to see if we can help with a return to work all other types of year qualification can be before granting. E.g. can we reduce hours / change leave exhausted waived in National shifts. Disaster * Parental leave is available to parents of a child who is under age 18. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 7 of 23 – 17th March 2020
NATIONAL DISASTER/PANDEMIC TIME OFF WORK TO CARE FOR DEPENDANTS PEOPLE PARTNER Q & A All our local schools are temporarily closing. We are inundated with requests for emergency leave. How can we manage this? We must accept that parents who work during school hours will be forced to take at least some time off work. We should strongly encourage colleagues to make up their hours where possible. For example, parents who work during the school day may be able to work in the evenings if they have a partner who is at home by then. If there is no option but to give unpaid leave, we can grant a maximum of 1 week to allow them to make alternative arrangements for the child. After that only eligible parents will be able to apply for further unpaid parental leave (a maximum of 4 weeks per child per year). To help us manage the business, we could offer overtime to other colleagues who are willing or able to cover such as students (as colleges may also have closed). We could also temporarily move people to different jobs to cover areas most affected. In extreme circumstances, Directors may consider moving people from other stores / locations to cover when a crisis occurs elsewhere. Can colleagues take one type of leave followed by another, e.g. emergency leave, followed by compassionate leave, followed by parental leave? In short, yes. Provided they are eligible, there is no reason why they could not apply for one type of leave straight after another. Although please note that parental leave is limited to a maximum of 4 weeks in any one year. However, as one ‘type’ of leave comes to an end we should explore if and how we may be able to support a return to work, before granting further leave. For example, we may be able to temporarily reduce working hours or change shift patterns if it would help someone to return sooner. A colleague has exhausted all types of leave they are eligible for, but they say they still cannot return to work as a family member is seriously ill. What should we do? In the case of a colleague caring for a seriously ill family member, we should try to help them return to work if we can. They may be able to come back if we reduce their hours or give them different hours. Compassionate leave can be extended from 4 weeks up to a maximum of 8 weeks if necessary with Store Manager / WL3 authorisation. However, if there is no solution, and all other types of leave have been exhausted, we can consider a Lifestyle Break as the final option. What is the definition of ‘dependant’ when granting emergency leave? A dependant is normally: • Long term partner, including civil partner / spouse Parent / child • Brother / sister Grandparent • Partner of parent/civil partner of parent This is not a definitive list and a manager’s personal knowledge of the colleague and their circumstances might lead to a decision to treat other family members as dependants. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 8 of 23 – 17th March 2020
NATIONAL DISASTER/PANDEMIC AMMENDMENTS TO POLICY Sickness Absence Policy - Pandemic Coronavirus (COVID-19) The Notification Process: What is it now? The Manager/Duty Manager receives absence phone calls notifying the business of absence and return from absence The Manager/Duty Manager records all phone calls in the Absence Logbook (CEC Should refer to their own absence call process). What do we want to change? The process will remain as above but may be allocated to another member of the management team who is not the Duty Manager. Why do we want the change? To free up the Duty manager to concentrate on the store operation at a time of reduced staffing. To ensure that we are still able to accept calls from our people and maintain our Sickness Absence process Waiting days: What is it now? Colleagues who joined us after the 4th July 2004 (stores), 1st July 2009 in the Customer Engagement Centre are not paid for the first three days of any absence. (Distribution colleagues may also have a variety of waiting days that are described in the contract or site agreement). What do we want to change? Where a colleague has been confirmed as having Coronavirus (COVID-19) or has been advised to attend isolation or self-isolate, they will be paid from the first day of absence. The same will apply for colleagues who have a new, continuous cough or temperature over 37.8oC who are self-isolating for 14 days (7 days where they live on their own). Waiting days will continue to apply for all non-pandemic related absence. Where a colleague lives with someone who has been confirmed as having Coronavirus (COVID-19) or they live with someone who is self-isolating as a result of a new, continuous cough or high temperature, they should also self-isolate for 14 days from when that persons symptoms began. Why do we want the change? Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 9 of 23 – 17th March 2020
To discourage colleagues from attending work who may have Coronavirus (COVID-19) to protect their earnings, this is to help prevent further spread of the virus. Calculating the individual attendance review level: What is it now? At every Return to Work Meeting we calculate the individual’s attendance review level over a 26 week period which may lead to an Absence Review Investigation Meeting where absence is 3% and/or 3 occasions or more. What do we want to change? Colleagues who are returning to work should complete the normal Return to Work Meeting form, plus the ‘Pandemic Coronavirus (COVID-19) Return to Work Health Questionnaire’ (this Is normally completed by phone before return and then signed during the return to work meeting). The absence percentage will be calculated as normal, excluding any absence as a result of the pandemic (including any absence for new, continuous coughs or temperature over 37.8oC). When deciding to move to an absence review any absences for Coronavirus (COVID-19) and new, continuous cough or temperature over 37.8oC will not be taken into consideration, these will be treated as an ‘exceptional underlying circumstance’ in line with our normal Sickness Absence Policy. Why do we want to change? - To ensure our managers are free to focus on the store operation - To ensure that our colleagues feel supported - To recognise that we would not want to discipline colleagues for absence due to the pandemic Please note For any absence not due to the pandemic the normal Sickness Absence process will apply, and all meetings will happen as they do currently. Completion of Absence Review Meetings: What is it now? All Absence Review meetings have to be completed within the 7 days (8 days for a one- day workers) following an individual’s return to work What do we want to change? Colleagues whose most recent absence is as a result of the Pandemic or self-isolating for a new, continuous cough or temperature over 37.8oC should not be referred to an Absence Review Meeting. Where they have been absent for other reasons to normal policy will continue to apply. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 10 of 23 – 17th March 2020
Should a colleague have further absences, any previous absences relating to the pandemic in the 26 week period should be discounted from the absence percentage, where this puts the colleague under 3% and 3 occasions no Absence Review Meeting would be needed. Why do we want to change? To recognise that during recovery our managers will need to carry out these meetings and return to normal – however will still have key operational impacts. Absence Without Leave Policy What is it now? All colleagues that are absent without leave are contacted on the first day of absence by phone by their Manager When we are not able to speak to them by phone two letters are issued over the next 7 days to request that contact is made. When no contact is made the individual may be dismissed, this could be within 7 days If contact is made, we agree a return to work date and manage through the non- notification process when the colleague returns. All absence is coded as unpaid What do we want to change? We would attempt to contact by phone on first day and not send letters. If no answer we would continue to try every 3 days and log contact attempts. After one week we will then begin to send the letters and follow our normal process, allowing one week between sending the invite letter and any meeting date that they are required to attend. We would not dismiss for absence where we have reason to believe that the colleague may be suffering from the Pandemic or have been taken into isolation. We will continue to code all absence as unpaid, this should be reinstated as soon as possible if a colleague later provides a justifiable reason for not being able to get in contact to ensure that the colleague does not experience financial hardship. Why do we want the change? To free up manager time to support the store operation In recognition that the postal service may be seriously impacted and that letters may take longer to arrive. In recognition that colleagues may be seriously ill and are not able to make contact but that they will once they have recovered Risks Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 11 of 23 – 17th March 2020
This can mean that we will have increased levels of absence as colleagues are not being contacted and therefore can stay off without risk of being dismissed and may not be ill. Holiday Policy: What is it now? The holiday booking process requires colleagues to book holidays in advance of each half of the holiday year. The process incorporates opening dates for colleagues to start to book holidays for a given period, as well as closing dates and potential allocation to ensure that all entitlement is planned well in advance. April to October November to March How much holiday must be booked 75% of entitlement Remainder of entitlement Holiday booking starts 1st April the year before 1st April the year before Bookings checked, and outstanding February during holiday review September during second holiday holidays allocated meeting in stores review meeting in stores Colleagues in the Customer Engagement Centre should follow their own holiday policy. What do we want to change? Where a colleague asks to cancel holiday and carry it forward to the next, we will allow them to do so, providing: • They have taken their statutory allowance in the year. (22 days for a full timer* and their full bank holiday allowance) *This is pro-rated for part timers. It is a legal requirement for colleagues to take their statutory holiday in the holiday year. This option does not apply to our Office based colleagues. Where holiday is carried over this will need to be coded as holiday in current holiday year to ensure they receive the correct average holiday payment and then manually tracked. When taken in the next year this should be treated as paid absence. This should only be agreed in exceptional circumstances where the colleague has asked us to do this. As a last resort we may consider cancelling holidays for business-critical colleagues, but only if mutually agreed. In these circumstances we will need to discuss with the colleague if they are prepared to postpone holidays. (Please see the Holiday Policy on Colleague Help for more information). Why we want the change ▪ To provide flexibility and support for colleagues by offering holiday as a paid alternative if time off work is required. ▪ To continue to manage holidays and adhere to the Working Time Directive or government guidelines throughout the pandemic phases whilst ensuring that adequate resource levels are maintained. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 12 of 23 – 17th March 2020
Costs and risks ▪ We should avoid widespread cancellation or postponement of pre-booked holidays. There will be many reasons why people will need to continue to take holiday, so we should avoid creating a backlog that needs to be managed at a later date. This approach will also help to discourage colleagues calling in sick if they know they can use holiday if required. Additional Information ▪ There is an expectation that work level 3 and above managers and Store Managers will make reasonable decisions to cancel their personal holidays when required. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 13 of 23 – 17th March 2020
NATIONAL DISASTER/PANDEMIC CHANGING TERMS AND CONDITIONS Changing Terms & Conditions OUR APPROACH In the event of a National Disaster, such as a Pandemic outbreak, we must maintain operations and meet customers needs. We aim to be fair and consistent when making temporary but necessary changes to our colleagues’ job roles, working hours or location to achieve this. Our commitments are to: Be open and quick to communicate the need for changes Ensure that colleagues aren’t financially worse off because of the changes Recognise that some people may find it harder to make a change, for example those with children, and offer help and support Confirm any temporary changes in writing that will last for longer than one week as soon as possible, this must be within four weeks. Treat everyone fairly and without discrimination in line with the protected characteristics detailed in the Equalities Act. (Age, Disability, Gender Reassignment, Marriage or Civil Partnership, Race, Religion or Belief, Sex or Sexual Orientation). GENERAL PRINCIPLES Any changes that we are asking colleagues to make must be reasonable, taking into account the colleagues’ circumstances. Where colleagues have already completed availability forms, due to other business changes, this should also be considered. Ideally, we must aim to give a minimum of 24 hours’ notice of a change in job, location or working hours, or longer whenever possible. In extreme circumstances, where this isn’t possible, we must tell people by the end of their shift the day before the change is expected to take place (which may not be a full 24 hours before the change). During this time, we should offer help and support, and be flexible. Some people may have arrangements to make, such as changes to childcare provisions or travel arrangements. We could support them by allowing them to make telephone calls from work or letting them leave early to meet with their child’s carer. We could help those with travel difficulties by setting up lift shares with other colleagues. If a number of colleagues are needed to change their job, shift or location, we will consider volunteers first (provided they are able to do the required job). We must ensure that we do not discriminate against any groups or individuals when making temporary changes to terms and conditions. Nobody should be disadvantaged because of their gender, age, ability, race or religion. If we are asking them to make temporary changes which compromise them this could be considered as unfair. Some practical examples of this could include: For religious reasons, a colleague does not work on a particular day of the week, so they can attend worship, which is accommodated within their normal working hours. We should not enforce a change of hours, which imposes upon this practice. A colleague who has a disability is trained and able to perform a role, but may not be able to perform a different role for a temporary period. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 14 of 23 – 17th March 2020
PAY Where the temporary role is a lower rate of pay than the person’s normal job, or the change means they will lose shift premiums, they would maintain their existing pay rate and premiums during the change (their overall pay should remain the same). When we ask someone to perform a role with a higher rate of pay, or with higher shift premiums, their pay will increase to reflect this for the hours they are performing the role (see the Pay Policy on Colleague Help for more information). JOB ROLE CHANGES We may ask people to temporarily change their job, provided they are capable of performing the change. Amongst other changes, this could include covering for your Manager, working in a different department or moving to another function (e.g. distribution or office colleagues going into stores). Temporary job role changes must continue to comply with health and safety rules - for example Fork Lift Truck drivers must have up to date training certificates, and we would not move someone into this role otherwise. LOCATION CHANGES The temporary closure of Stores or Distribution Centres, or unmanageable absence levels during a National Disaster or Pandemic could result in the need to move colleagues between locations at short notice. Apart from the most critical job roles, Head Office colleagues would move out to Stores or Distribution. The key considerations are: We do not expect people to extend the length of their working day as a result of the change. If the travelling time to the new location is longer, the hours of work will be reduced to reflect this. Any additional travel expenses will be paid by Tesco (although where a large number of people are being moved, it may be cost effective to provide transport instead of travelling expenses). Changes that are within a colleagues agreed existing availability. CHANGES TO WORKING HOURS In most cases we would not expect people to make a significant change to their working hours, unless they volunteered to do so. For example, it would not be reasonable to ask someone who works permanent evenings or nights to move to daytime work. However, based on the circumstances we face at the time we may decide that for operational purposes we need to introduce changes that colleagues find difficult, but are likely to be less disruptive to individual’s commitments outside of work, for example: Head Office colleagues moving into stores changing their working days from Monday to Friday, to include weekend work with a day off during the week Reasonable changes to shift patterns in stores or distribution, to cover colleague absences MANAGING CHANGES FOR ABSENT COLLEAGUES We must inform absent colleagues who may be affected by job / location changes during a National Disaster/Pandemic. This could be people who are off sick or longer absences such as maternity leave. If we are expecting someone to work at a different location or in a different job when they return from absence, we will: Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 15 of 23 – 17th March 2020
Contact them whilst they are absent to explain the situation (for example, all Head office colleagues are moving out to stores, or a store has temporarily closed) and tell them that we will agree any changes that affect them when they are fit to return to work. Give them a contact name and number of a Manager. Arrange to meet wherever is most practical when they are fit to return to work. At this stage we would give 24 hours’ notice of any temporary change to job, hours or location. REFUSAL TO CHANGE If someone refuses to make the temporary change to their terms and conditions, we will arrange a further meeting with them. We should advise them that their contract allows the company to move them on a temporary basis to another role/department/location, within reason. We should say that we normally only request this in exceptional circumstances, and this pandemic is one of those situations. Therefore, we are seeking the colleagues cooperation and support to make this change. Managers should use the Flow Chart in the following section to ensure the change is reasonable. We will explore ways we can possibly help them make the change, such as giving more time to prepare, or changing hours to fit with other commitments. If they still refuse, and there are no justifiable reasons why they cannot accept the change, it may be appropriate to take disciplinary action having followed the Disciplinary Policy: this can be escalated to a Final Written Warning even if there are no other live warnings on file. If they then continue to refuse to make further changes for other shifts, we will send them home, without pay until such time as their old job becomes available again. The normal appeals process remains in place should the colleague wish to appeal the decision. Some examples of justifiable reasons (but not limited to) would be: • Childcare and other caring responsibilities • a disability which made the change difficult or impossible, • Religious commitments or beliefs which conflicted with the change. • Where the colleague has already provided availability that restricts their flexibility. • Travel difficulties that it is not possible to resolve. If there are justifiable reasons why a colleague cannot temporarily change their terms and conditions, and we are certain we have explored every alternative, we should send them home with pay. They will remain on paid leave until a position that they can do becomes available (not necessarily their old job). If the company is unable to offer suitable alternative work – for example where a location has to temporarily close and there are no suitable alternative locations for colleagues to work in – colleagues will be placed on paid leave until a position that they can do becomes available (not necessarily their old job). Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 16 of 23 – 17th March 2020
NATIONAL DISASTER/PANDEMIC - CHANGING TERMS AND CONDITIONS Is it reasonable? We should be able to answer ‘YES’ to all the following questions Is there a clear business need to change? E.g. store closing, high absence levels, or moving people to keep a department or store operational. Were volunteers considered first to move / change jobs? (unless all colleagues are affected) Have we given at least 24 hours notice before the expected change? If the change will last for more than a week, has it been confirmed it in writing? (Using standard letter found on Colleague Help) Have we held a 1-2-1 meeting with the colleague, to see if we can help them with their concerns? If the change is to the hours If the change is to the type If the change is to the of work, have we of job, have we location, have we considered… considered… considered… …Is it reasonable? We …Are they able to carry …Is the journey would not expect a out the new job? If a reasonable? If it makes significant change in hours disability means they cannot their working day longer we e.g. days to nights, we should not make the should reduce hours at work change to reflect this …Responsibilities outside …Any health and safety …How will they get there work? Childcare, elder care issues? Training may be (safely)? If they don’t have or another job may mean needed to operate their own transport, we need they can’t change hours equipment or age to facilitate car sharing or restrictions may be in place help find public transport …Religious customs? …Are they able to travel? Worship that takes place on It may be necessary to give a certain day may mean paid leave to a disabled someone cannot change person who cannot make their days of work the Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 17 of journey, if a site 23 – 17th March 2020closes
NATIONAL DISASTER/PANDEMIC CHANGING TERMS AND CONDITIONS PEOPLE PARTNER Q & A What happens if someone refuses to work at a different location or change hours / role? Hold a 1 to 1 discussion with them, to find out their concerns. We could help them by changing shift patterns, helping them to arrange shared transport or allowing some extra time before the move to make arrangements. We should advise them that their contract allows the company to move them on a temporary basis to another role/department/location, within reason. We should say that we normally only request this in exceptional circumstances, and this pandemic is one of those situations. Therefore, we are seeking the colleague’s cooperation and support to make this change Use the ‘Is it reasonable?’ flowchart to ensure the changes we are asking them to make are reasonable. If a colleague refuses a request, the request would need be reviewed to ensure it was reasonable. We would look to find ways of overcoming their concerns. If the request was deemed reasonable and the colleague still refuses, managers would have the option to issue a final written warning. If a colleague still refused for future shifts having received a final written warning then managers would have the option to send them home on unpaid leave, until a suitable role or location became available. If colleagues are unable to move to a new location or role because of disability or other justifiable reason, managers would have the option to send them home on paid leave until a suitable role or location became available. We need to send 10 checkout operators to another store. How do we choose who to send? First, use a register to identify any possible candidates – i.e. those employed or trained as customer assistants on checkouts. We should ask for volunteers first, as it may be much easier for some colleagues, depending on whether they have a car, where they live and other commitments they have. To get volunteers quickly, you could use short group Team 5 meetings. Explain the situation and see if anyone comes forward. If you do not have enough volunteers you will have to select the most appropriate candidates yourself, based on their existing availability, and give 24 hours’ notice of the move. How can we support people who need to make alternative arrangements, such as childcare or travel arrangements? You could allow people to use a telephone at work, so they can speak to their family or child’s carer. You could allow someone to finish early or take an extended lunch break to meet with a carer, or you could postpone the move by an extra day, so they can make arrangements. To help with the travelling, you could set up a car share network amongst colleagues. The drivers will be able to claim expenses for their journey. Our store / distribution centre is temporarily closing in 24 hours time. How can we communicate to everyone in this short period? Firstly, draft a short notice of the key information you need to share with people. This can form the basis of any meetings you hold and can also be handed out to everyone after the meeting to avoid any confused messages. It should outline what is happening, the reason why it is happening and what is expected of your colleagues– e.g. where they will be Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 18 of 23 – 17th March 2020
expected to work during the closure. You should also give contact names of Managers who can be available to answer concerns. Establish who is at work, so you can arrange face to face meetings with them throughout the day – this may need to be in manageable sized groups. Then use registers to find out who is not at work, so they can be contacted. The first priority would be to contact anyone on day off, or short-term sickness or holiday, then lastly those on long term sick or maternity leave. For people who are absent, but not yet due to return to work, we should inform them of the closure, although it may not affect them if they are likely to be absent for a long period. If the change does affect them it will be discussed as and when they are ready return to work. Do we need to confirm temporary changes in writing? If the change is for longer than one week, we should issue a Temporary Change to Terms and Conditions letter within 4 weeks. This can be found on Letters for Manager on Colleague Help. PAYMENT GUIDE FOR TEMPORARY CHANGES TO TERMS AND CONDITIONS SCENARIO PAY IMPLICATION Colleague is moved to a Their overall pay should remain the same. lower paid job Colleague covers for a Deputising pay is granted. Please see the Pay higher paid job Policy on Colleague Help for more information. (DC Colleagues should refer to their site agreements, Office colleagues should refer to the Office Overtime and Premiums Policy). Colleague covers for a Skills payment paid for all hours worked in the job that received a skills skilled role. payment. Colleague who normally Shift premium / location allowances will be retained. receives shift premium / Their overall pay should remain the same. location allowance moves to a job/location that doesn’t qualify for it Colleague who doesn’t Shift premiums / location allowances to be paid receive shift premium / location allowance moves to a job/location which does qualify for it Colleague reduces their They will be paid for the hours worked hours, so they can care for a sick relative Colleague returns to They will be paid for the hours worked work on reduced hours following compassionate / parental leave Colleague has Expenses to be claimed on an Expense Claim additional travel Form/Concur expenses because of a move Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 19 of 23 – 17th March 2020
NATIONAL DISASTER/PANDEMIC EXPATRIATES Expatriate return guidelines OUR APPROACH In the event of a National Disaster, such as a Pandemic, we recognise that expatriates may choose to send their families back to the U.K. and/or may need to return to the U.K. themselves if assigned to a country where a Pandemic Coronavirus (COVID-19) outbreak is declared. In the event that an expatriate deems it necessary to return to the UK this will be reviewed and approved by their line manager and local leadership team. We are committed to: • Supporting expatriates who need to return to the U.K. due to Coronavirus (COVID-19) • Supporting expatriates by getting their families back to the U.K. as soon as possible If this was to be the case amended assignment terms and conditions would be implemented as follows: FLIGHTS The Company provide you and your accompanying family with an annual budget of equivalent to one business class return flight to the UK. In the first instance we expect return flights to the non-host location to be funded from your annual travel budget especially if returning to your home country location, unless you were already undertaking business travel. ACCOMMODATION Unless there is scope for early termination of leases in the host country Tesco will continue to fund host country accommodation until such time as a break clause can be utilised. If the host country rent is higher than the monthly housing budget allocated the expatriate will continue to have the difference deducted through home country payroll. For the period these Amended Terms & Conditions are applicable the following may be implemented: 1. Whilst the host lease continues and is funded by Tesco, if the expatriate is not able to return to their home (it has been sold or rented out) the Company would commit to pay 50% of reasonable non-host country accommodation costs. This can be re- claimed through Hessel expenses. 2. Whilst the host lease continues and is funded by Tesco, if the expatriate is able to return to your home the Company will not contribute to non-host country accommodation costs. 3. If the host lease is terminated (subject to break clause), personal belongings are stored locally or shipped back to the home country, the Company would fully fund any non-host country accommodation costs. The Global Mobility Team will support with seeking out suitable temporary accommodation. The Company will continue to meet the cost of basic utilities in the host location which includes gas, electricity, council tax or equivalent, and water only, for the duration of the lease. This includes the cost of telephone line but excludes the cost of telephone calls and broadband. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 20 of 23 – 17th March 2020
Per your Assignment Terms and Conditions unless you continue to maintain a vacant property in the home country, you are be required to contribute to the cost of these utilities via a monthly deduction. For the period that you are unable to reside in the host country this utilities deduction will cease to support funding of utilities in the non-host location. If accompanying family were to return to the U.K. without the expatriate and the family are not able to return to their home, in these circumstances Tesco will pay for basic accommodation for the family, based on the number of family members. Tesco will pay the accommodation costs for the duration of the National Disaster, in the case of a Pandemic this is predicted to be a total of 15 weeks. If a further outbreak of a Pandemic was to occur at a later date, causing the family to return to the U.K. again, a further 15 weeks accommodation will be provided for each wave of the disease. SCHOOLING Tesco will provide advice and financial support to enable you to continue to educate your school aged children while schools are closed, most likely through tutoring or if returning to the U.K. possibly through local schooling. If you are out of pocket due to duplicate pre- school or nursery costs in the host and non-host location Tesco will in light of the extenuating circumstances fund 50% of duplicate nursery fees. ASSIGNMENT ALLOWANCES If the expatriate and their family return to the U.K., for any period of time spent residing outside the host country any Overseas Subsistence Allowance (OSA) will cease to be paid. CAR The Company will support provision of a hire car in the U.K. for the period that the Amended Terms and Conditions are applicable. This should be arranged through the Global Mobility Team. SHIPMENT OF PERSONAL GOODS If the expatriate is able to and decides to vacate the host country property, the Company will assist with arranging the shipment of personal goods, this may involve getting someone local to pack up on your behalf. If there are personal items that need to be collected and shipped in the short term, the Company will support this. Payment and moving arrangements of personal goods should be organised through the Global Mobility Team. The Company will not pay for transportation of valuable personal possessions i.e. antiques, cars, musical instruments or important collections Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 21 of 23 – 17th March 2020
Policy info Version No. Date of change Summary of change 1 March 2020 New Short-Term Policy for COVID-19 1.1 9th March 2020 Updated information on Expatriates th 1.2 13 March 2020 Updated to reflect: • 7 day isolation for new, continuous cough or temperature over 37.8oC • Option for holidays to be moved into the next year at the colleague request. 1.3 16th March 2020 Updated declaration on Pandemic Return to Work Questionnaire (CODID-19). 1.4 th 17 March 2020 • Updated Pandemic Return to Work Questionnaire to reflect the latest Government Advice – 14 day isolation for colleague who experience a continuous cough or temperature over 37.8°c. • Updated information regarding policies outlined in this document that are different in the CEC. (Waiting days, holidays, notification of absence). 1.5 th 17 March 2020 • 14 day isolation, clarified that this is 7 days where you live on your own. Policy owner: UK Workplace Relations Ownership and confidentiality This document shouldn’t be shared with anyone externally without permission from your Director. This policy and any associated documentation remains the property of Tesco and should be returned if requested. This is an online document. Hard copies and downloaded versions are valid only on the day printed or downloaded. It is the responsibility of colleagues to check the current status of this document on OurTesco or the Colleague Help Centre. Amended People Policy – National Disaster/Pandemic, Version 1.5, Page 22 of 23 – 17th March 2020
You can also read