Staff Handbook

28.1. The firm is committed to maximising job satisfaction and developing the skills of its employees through the provision of appropriate training. The firm regards training and development of its employees as being vital to its future and achieving its overall objectives.

28.2. Employees and partners/department managers share the responsibility for identifying and evaluating an employee’s training needs. Training will therefore be an important part of the annual appraisal process, and both the employee and their partner/department manager should pay particular attention to whether the employee has the skills and knowledge required to carry out their job at the highest possible level. As part of the annual appraisal process, the employee will also be asked to provide feedback on the quality of any external training provided so that the firm can ensure the required standard of training is being met.

28.3. Any training must be for the purpose of:

28.4. Where a training need is identified, the employee and their partner/department manager should discuss training needs and opportunities to fulfil that need informally in the first instance.

28.5. No employee who requests time off to train under this policy will be subjected to any detriment or lose any career opportunities as a result.

28.6. This policy applies to all employees on a permanent contract who have passed their probationary period. It does not apply to employees on fixed term contracts, agency workers, consultants or self-employed contractors. Partners/Managers are responsible for identifying and monitoring staff training and development needs on an ongoing basis.

28.7. The partners have overall discretion on whether a request for training is granted.

28.8. For the purposes of this policy, training falls into 2 categories:

Requesting training for CPD
28.9. Where an employee wishes to attend training relating to their CPD they must first discuss the knowledge gap they wish to fill with their partner/department manager. The partner/department manager may then recommend, or may ask the employee to identify, an appropriate training course.

28.10. Where a specific training course is identified the employee should then seek agreement from their partner/department manager as to the potential suitability of the course for their individual needs.

28.11. All requests for CPD training must be approved by the employee’s partner/department manager in the first instance.

28.12. Employees should forward any relevant literature on the identified training course, date(s) on which they wish to attend (including any required travel arrangements such as flight or train times, and any accommodation requirements where relevant) to their partner/manager. Once approval has been granted any necessary bookings should be made by the employee, with support from their department administrator where required.

28.13. Employees should ensure any CPD hours are added to their CPD record as this will need to be submitted to the Practice Director upon request.

28.14. After an employee has attended training relating to their CPD they should discuss the course content with their partner/department manager in order to establish whether knowledge should be shared with colleagues within the firm and the most appropriate way in which this can be done.

Requesting professional training
28.15. An employee wishing to commence professional training should firstly discuss their wishes with the partner/department manager. The partner/department manager will be able to discuss the desired training with the employee, and advise them on whether the training is suitable, necessary and whether they feel the employee is ready to commence such training at the present time.

28.16. The employee should give consideration to why they feel the professional training is necessary and what benefits it will bring to the employee as an individual and to the business.

28.17. If the employee’s partner/department manager is in agreement that the employee should commence professional training, they should discuss the training needs with the Managing Partner and Practice Director or Head of People and Culture.

28.18. The firm will consider whether it is appropriate for the employee to commence training immediately (or at the beginning of the academic year) or whether the employee should wait for another employee who is currently undergoing training to complete their training.

28.19. If it is decided that professional training is appropriate, the firm will at its discretion decide whether it will provide full financial support to the employee to enable them to complete their professional training, or whether it will contribute a specific sum towards the training. Where travel and accommodation are required for the training (i.e. if the training is delivered in the UK) the firm may require the employee to fund their own expenses.

28.20. Any decision relating to the funding of professional training will be explained to the employee prior to any professional training being commenced so that they are aware from the outset of any costs involved.

28.21. When considering funding or making a contribution towards professional training the firm will consider each case independently. It will consider previous arrangements made with other employees and will endeavour to ensure fairness and equality, but will not use this decision as precedent.

Confirmation of professional training
28.22. The firm will confirm in writing to the employee the arrangements for the employee’s professional training. Written confirmation will contain the following information:

1. The name and nature of the professional training.
2. The date training will commence and, if known, the date it will conclude.
3. Details of any additional study days.
4. Details of the funding contribution from the firm.
5. Details of funding contribution from the employee (where applicable).
6. Repayment terms.
7. Details of time off for examinations.
8. Any other terms of the agreement.

28.23. In all cases the employee will be asked to sign a repayment agreement where the firm provides any kind of financial support or additional paid time off work for professional training or expenses relating to professional training.

Study leave
28.24. Study Leave is time away from the workplace, agreed by the partner/ manager, for an employee to attend a course externally; to complete assignments or to attend examinations.

Study leave during professional training agreements
28.25. Where study leave is included within the confirmation of professional training agreement, this is typically expected to be taken near the end of the study period or prior to any examinations.

28.26. Employees should, as soon as they are notified by their training provider of course and exam dates, discuss their request for study leave (and or exam dates) with their partner/ manager and submit the request via Indigo.

28.27. The firm recognises that the needs and circumstances for study leave vary. Each request will be assessed on its own merits.

28.28. The firm would like the employee to give as much notice as possible for any requests for study/exam to enable the partner/manager to manage the workload of the team. As a minimum at least the request should be at least 4 weeks prior to the study leave date.

28.29. Before any request is approved, the manager/partner will attempt to balance the needs of the employee with the needs of the business, and the work that needs to be carried out as part of the employees role. Any agreement will always be in the interest of the department and the business.

28.30. The employee must inform their partner/ manager immediately if they become aware of any changes to agreed study or training, including changes to the timing or content of the course or exams.

28.31. If an employee would like to temporarily change their working pattern to study, they should talk to their partner/ manager. Employees should refer to the flexible working policy for further information.

28.32. The number of days study leave will be determined on an individual case by case basis, at the discretion of the partners, but may typically be, for example:

1. Postgraduate Diploma Professional Legal Practice (LPC): at the first attempt at each examination (4 core and 3 electives), one days’ paid study leave for each exam plus the day of the exam itself (total 14 days).
2. Jersey Advocate and Solicitors Examination training: at the first attempt at each examination (6 core modules and 1 elective) in each subject, 7.5 days paid study leave including the day of the examination (total 52.5 days)

28.33. If the partner/manager agrees to the request for study/ exam leave, employees should ensure all study/ exam leave is recorded on the indigo system.

28.34. Partners have the discretion to offer employees additional in-work study time according to need and subject to business requirements.

Study leave for re-sitting exams
28.35. If an employee needs to re-sit an examination in any subject and wishes to take further study leave and exam leave agreement for this will depend on the commitment the employee has shown to their studies, how likely they are to be successful in the re-sit and their overall performance in the course so far.

28.36. The employee should discuss and agree the potential to take time off using annual leave or unpaid leave with their partner/ manager.

Repayment of study leave
28.37. If the employee leaves the firm’s employment before completing the qualification or within two years of completing the qualification, they will be liable for the cost of their salary for any time taken as paid study leave. Such cost to be calculated as the total number of days of paid study and exam leave granted at the rate of the employees annual salary per day.

Personal study which does not qualify for support from the firm
28.38. Ideally if an employee is undertaking their own personal study, they should choose a method of study which impacts the firm and their work as little as possible.

28.39. In circumstances where an employee, who has passed their probationary period, is undertaking personal professional training and needs to take time off for study, they may discuss and agree the potential to take time off using annual leave or unpaid leave with their partner/ manager.

28.40. Each request will be assessed on its own merits and before any request is approved, the manager/ partner will attempt to balance the needs of the employee with the needs of the business, and the work that needs to be carried out as part of the employees role. Any agreement will always be in the interest of the department and the business.

28.41 If the partner/manager agrees to the request for time off for personal study this must also be recorded via indigo.

If a request for professional training is rejected
28.42. If the firm decides that there is no business need for, or no benefit to the firm, to be gained from the employee carrying out professional training, it may refuse an employee’s request.

28.43. If a request is refused the firm will explain to the employee either in person or in writing the reason for refusal. The firm may suggest an alternative method for the employee to gain the requested skills or experience, such as work shadowing with another employee of the firm, or attending seminars and presentations to develop the employee’s Continued Professional Development (CPD).

28.44. The firm may refuse a request for professional training for a number of reasons. Some examples are as follows:

1. That the proposed study or training would not in the firm’s view improve the employee’s effectiveness at work and the performance of the business.
2. The burden of additional costs would be too great for the firm to support.
3. It could lead to a detrimental effect on the firm’s ability to meet client demand.
4. There is an inability to reorganise work among existing employees.
5. There is an inability to recruit additional employees to cover workload.
6. The professional training may have a detrimental impact on quality.
7. The professional training may have a detrimental impact on performance.
8. There is an insufficiency of work during the periods that the employee proposes to work.
9. There are planned structural changes within the department or firm.
10. Any other reasons that the Government set out in future regulations.

Request to study for professional training outside of working hours
28.45. Where an employee wishes to commence professional training in their own time outside of working hours, they should discuss this with their partner/department manager. The partner/department manager will find out whether the professional training is likely to have an impact on the employee’s work with the firm, either on their working hours, or if the training creates a conflict of interest with any of the firm’s clients or business contacts.

Appeal
28.46. The employee may appeal if the firm refuses all or part of their request for professional training or refusal, postponement or cancellation of study leave.

28.47. The appeal will be investigated by the Senior Partner or another partner not previously involved in the decision to refuse training. They may choose one or more other partners/managers also not previously involved to sit on the appeal panel. The appeal panel may wish to meet with the employee and the partner/department manager as part of their investigation.

28.48. The panel will notify the employee in writing of the outcome of their appeal normally within 14 days of the submission of their appeal where reasonably practicable.

28.49. There is no further right of appeal.

Subscriptions and memberships
28.50. The firm, at its discretion, pay for some subscriptions and membership fees associated with an employee’s role. Employees should refer to the Expenses Policy for more information.

 

29. TIME OFF FOR JURY SERVICE

29.1. The employee should tell their partner/department manager and the Practice Director as soon as they are summoned for jury service and provide a copy of their summons if requested.

29.2. Depending on the demands of the firm’s business it may request that the employee applies to be excused from or defer their jury service.

29.3. Employers are not required to pay employees while the employee is absent on jury service. The employee will be advised at court of the expenses and loss of earnings that the employee can claim. At the discretion of the Partners, the firm will pay basic pay to employees who are doing jury service less any amounts the employee can claim from the court for lost earnings for up to and including 5 working days. Payment for time off beyond 5 working days may be paid at the Partner’s discretion and only in exceptional circumstances.

 

30. ADVERSE WEATHER AND TRAVEL DISRUPTION POLICY

30.1. This policy applies where it becomes impossible or dangerous for employees to travel in to work because of:

1. Extreme adverse weather such as heavy snow.
2. Industrial action affecting transport networks.
3. Major incidents affecting travel or public safety.

30.2. On these occasions the firm recognises that a flexible approach to working arrangements may be necessary to accommodate the difficulties employees face and to protect health and safety, while still keeping the business running as effectively as possible.

Travelling to work
30.3. The employee should make a genuine effort to report for work at their normal time. This may include leaving extra time for the journey and/or taking an alternative route. Travel on foot or by bicycle should be considered where appropriate and safe.

30.4. If the employee is unable to attend work on time or at all, they should telephone their partner/department manager, Practice Director or Head of People and Culture before their normal start time on each affected day.

30.5. If the employee is unable to attend work, they should check the situation throughout the day in case it improves. Information may be available from local radio stations, the police, transport providers or the Internet. If conditions improve sufficiently, the employee should report this to their partner/department manager, Practice Director or Head of People and Culture and attend work unless told otherwise.

30.6. If the employee does not make reasonable efforts to attend work or fails to contact their partner/department manager, Practice Director or Head of People and Culture without good reason, they may be subject to disciplinary proceedings for misconduct. The firm will consider all the circumstances including the distance the employee has to travel, local conditions in their area, the status of roads and/or public transport, and the efforts made by other employees in similar circumstances.

Alternative working arrangements
30.7. The employee may be required to work from home, where possible, or from an alternative place of work, if available. Their partner/department manager or the Practice Director will advise the employee of any such requirement. The employee will receive their normal pay in these circumstances.

30.8. If the employee is able to work they may sometimes be expected to carry out additional or varied duties during such periods. However, the employee will not be required to do anything they cannot do competently or safely.

Late starts and early finishes
30.9. If the employee arrives at work late or asks to leave early, the employee will usually be expected to make up any lost time. The Managing Partner has the discretion to waive this requirement in minor cases or (in the case of lateness) where the employer is satisfied the employee has made a genuine attempt to arrive on time.

30.10. The Managing Partner has the discretion to allow the employee to leave early and should have regard to the needs of the business and their personal circumstances.

30.11. Where half the normal working day or more is lost this will be treated as absence and dealt with as set out below.

Absence and pay
30.12. If the employee is absent from work due to extreme weather or other disruptions to travel, the employee is not generally entitled to be paid for the time lost.

30.13. Absence may be treated in one of a variety of ways. The employee should discuss their preference with their partner/department manager in the first instance. The Managing Partner has overall discretion in the matter. A number of options are set out below;

1. Treating the absence as annual leave if their entitlement allows this
2. Making up the lost hours within a reasonable time.
3. If eligible, treating the absence as special unpaid leave.

30.14. If, in exceptional circumstances, the firm decides to close the workplace, the employee will be paid as if the employee had worked their normal hours.

School closures and other childcare issues
30.15. Adverse weather sometimes leads to school or nursery closures or the unavailability of a nanny or child-minder.

30.16. In cases such as these where childcare arrangements have been disrupted, the employee should discuss the situation with their partner/department manager who will advise the employee on how to treat their absence.

 

31. BUSINESS CONTINUTIY AND REMOTE WORKING POLICY

31.1. This policy presents the Viberts policy on temporary remote working where, for the purpose of business continuity, the employee makes a request to work remotely or, is reasonably requested by their partner/line manager to work remotely.

31.2. For example, when, despite being fit for work, government guidelines/advice prevent attendance at the office (i.e., due to a pandemic situation) to protect health and safety.

31.3. Remote working is defined as when an employee regularly carries out all or part of their duties remotely rather than at the Viberts premises.

31.4. If an employee is permitted to work remotely they must comply with this policy.

Remote working requirements
31.5. It must be noted that not all roles and not all jobs are suitable for remote working.

31.6. To work remotely the employee must demonstrate they can:

1. Work independently, motivate themselves and use their own initiative.
2. Manage their workload effectively and meet deadlines, (time-recording and billing) targets and objectives
3. Adapt their working practices, including maintaining regular contact with their partner/manager and colleagues.
4. Identify and resolve any challenges/ issues created by working remotely.

31.7. The firm reserves the right to refuse a remote working request on any of the business grounds listed below (please note this list is not exhaustive);

1. If the employee needs to be present in the office to perform their job (for example, work or equipment only available in the Viberts premises).
2. If the employee needs supervision to deliver an acceptable quality and quantity of work.
3. If the employees current standard of work, production of work or adherence to meeting personal targets is unsatisfactory.
4. If the employee is currently being managed under the disciplinary policy.
5. If the employee is currently being managed under the capability policy.
6. If the employee is serving their notice.

31.8. When considering temporary remote working requests the firm will consider each case independently.

31.9. There is no right of appeal against a refusal by the firm to a request for remote working.

31.10. Any remote working arrangement will be reviewed regularly by the partner/department manager.

Termination of remote working arrangements
31.11. To ensure that the practices continue to meet the needs of the business, if it is decided that business or departmental needs are not being met adequately, the firm reserves the right to terminate any remote working arrangement with reasonable notice.

31.12 If the employee wants to change their remote working arrangement, they must notify their partner/manager in the first instance. The firm will only be able to accommodate the request if there is suitable office space for the employee.

31.13. The employee will be subject to the same performance measures, processes, targets and objectives that would apply if they were based at the firms premises.

31.14. Should the employee be subject to the Disciplinary or Capability procedure they may be expected to return to work at the firms premises.

Remote working: Equipment
31.15. Any equipment provided by the firm for the purpose of remote working will remain the firms property. Where equipment is provided the employee must;

1. Use it only for the purposes for which it has been provided.
2. Take reasonable care of it and use it only in accordance with any operating instructions and our policies and procedures.
3. Make it available for collection by us or on our behalf when requested to do so.

31.16. The firm is not responsible for the provision, maintenance, replacement or repair in the event of loss or damage to any personal equipment used by the employee when working for us.

31.17. The firm is not responsible for associated costs of the employee working from home including the costs of heating, lighting, electricity.

31.18. If the employee is working remotely, they are advised to ensure that this does not contravene the conditions of their home and contents insurance policy, mortgage, lease or rental agreement.

Remote working: Health and safety
31.19. When working remotely the employee has the same health and safety obligations as other employees.

31.20. The employee must take reasonable care of their own health and safety and that of anyone else who might be affected by their actions.

31.21. The employee must attend any health and safety courses required of them, read and comply with the Health and Safety Policy and undertake to use equipment safely.

31.22. The firm retains the right to check the employee’s remote working areas for health and safety purposes. The need for such assessments will depend on the circumstances including the nature of the work undertaken.

31.23. The employee must not have face to face meetings in their home with clients and must not give clients your home address or telephone number.

31.24. The employee must use their knowledge, experience and training and report any health, safety or wellbeing concerns to their partner/line manager.

Remote working: Data security and confidentiality
31.25. The employee must read and comply with all policies and procedures relating to computer use, electronic communications and data security and keep themselves informed of the most current versions of these policies, including (but not limited to):

1. Section 36 Staff Handbook Electronic Information and Communications Systems Policy.
2. Section 41 Staff Handbook Remote IT Access Policy.
3. Data Protection Policy.
4. Privacy Policy.

Complying with the remote working policy
31.26. The employees partner/ manager is responsible for ensuring they fully understand the policy and that terms of the policy are applied.

31.27. Failure to comply with the policy may result in action under the firm’s Disciplinary Procedure.

 

32. HEALTH AND SAFETY POLICY

32.1. The firm is committed to ensuring the health and safety of its employees, clients and anyone affected by its business activities, and to providing a safe environment for all those attending the firm’s premises through regular assessments of risks in the workplace.

32.2. In particular the firm is committed to maintaining safe and healthy working conditions through control of the health and safety risks arising from the firm’s work activities.

What is covered by this policy?
32.3. In accordance with the firm’s health and safety duties, the firm is responsible for;

1. Assessing risks to health and safety and identifying ways to overcome them.
2. Providing and maintaining a healthy and safe place to work and a safe means of entering and leaving the firm’s premises, including emergency procedures for use when needed.
3. Providing information, instruction, training and supervision in safe working methods and procedures where appropriate as well as working areas and equipment that are safe and without risks to health.
4. Ensuring that equipment has all necessary safety devices installed, and that equipment is properly maintained.
5. Promoting co-operation between employees to ensure safe and healthy conditions and systems of work by discussion and effective joint consultation.
6. Regularly monitoring and reviewing the management of health and safety at work, making
   any necessary changes and bringing those to the attention of all employees.

32.4. The Managing Partner has overall responsibility for health and safety and the operation of this policy. The partners have nominated the Facilities Manager as the Principal Health and Safety Officer with day-to-day responsibility for health and safety matters.

32.5. All employees must also recognise that everyone shares responsibility for achieving healthy and safe working conditions. The employee must consider the health and safety implications of their acts and/or omissions and take reasonable care for their health and safety and that of others.

32.6. Any health and safety concerns should be reported to the Principal Health and Safety Officer.

Standards of workplace behaviour
32.7. The employee must co-operate with the Principal Health and Safety Officer, partners and department managers on health and safety matters and comply with any health and safety instructions.

32.8. The employee must take reasonable care of their own health and safety and that of others by observing safety rules applicable to the employee and following instructions for the use of equipment (including safety equipment and protective clothing).

32.9. Any health and safety concern, however trivial it might seem, including any potential risk, hazard or malfunction of equipment, must be reported to the Principal Health and Safety Officer immediately.

32.10. The employee must co-operate in the investigation of any accident or incident that has led, or which the firm considers might have led, to injury.

32.11. Failure to comply with health and safety rules and instructions or with the requirements of this policy may be treated as misconduct and dealt with under the firm’s Disciplinary Procedure.

Information and consultation
30.12. The firm is committed to providing information, instruction and supervision on health and safety matters for all employees where appropriate.

Equipment
32.13. All employees must use equipment in accordance with operating instructions, instructions given by managers and any relevant training. Any fault with, damage to or concern about any equipment or its use must immediately be reported to the Principal Health and Safety Officer.

32.14. Employees must ensure that health and safety equipment is not interfered with and that any damage is immediately reported.

32.15. No employee should attempt to repair equipment unless trained and designated to do so. Failure to report damage to or a fault with equipment or failure to use it as directed may result in action under the firm’s Disciplinary Procedure.

Accidents and first aid
32.16. Any accident at work involving personal injury should be reported to the Principal Health and Safety Officer so that details can be recorded in the Accident Book. All employees must cooperate with any resulting investigation.

32.17. Details of first aid facilities and trained first aiders are displayed on each floor, and are available from the Principal Health and Safety Officer.

32.18. If the employee suffers an accident at work they (or someone on their behalf) must report the accident to the Principal Health and Safety Officer as soon as possible. All accidents should be reported, however trivial. The accident will be recorded in the firm’s Accident Book.

National health alerts
32.19. In the event of an epidemic or pandemic alert the firm will organise its business operations and provide advice on steps to be taken by employees, in accordance with official guidance, to reduce the risk of infection at work as far as possible. Any questions should be referred to the Head of Risk and Compliance.

32.20. It is important for the health and safety of all the firm’s employees that they comply with instructions issued in these circumstances. Failure to do so will be dealt with under the firm’s Disciplinary Procedure.

Emergency evacuation and fire precautions
32.21. Employees should familiarise themselves with the instructions about what to do in the event of fire which are available from the Principal Health and Safety Officer and the Operations Manual. Employees should also know where the fire extinguishers are; ensure that the employees are aware of their nearest fire exit and alternative ways of leaving the building in an emergency.

32.22. Fire marshals on the 1st floor should be responsible for ensuring that all meeting rooms and client washrooms are clear before leaving the building.

32.23. Every employee should take care to ensure that visitors to the office, such as suppliers or trades people are out of the building, if safe to do so.

32.24. Regular fire drills will be held to ensure that the firm’s fire procedures are effective and to ensure that all employees are familiar with them. These drills are important and must be taken seriously.

32.25. The employee should notify the Principal Health and Safety Officer as soon as possible if there is anything (for example, impaired mobility) that might impede their evacuation in the event of a fire.

32.26. If the employee discovers a fire they should not attempt to tackle it unless they have been trained or feel competent to do so. The employee should operate the nearest fire alarm and, if they have sufficient time, call the Principal Health and Safety Officer and report the location of the fire.

32.27. On hearing the fire alarm the employee should remain calm and walking quickly, not running, evacuating the building immediately. Do not stop to collect personal possessions, do not use the lift, and do not re-enter the building until you are told that it is safe to do so.

Risk assessments and manual handling
32.28. General workplace risk assessments are carried out when required or as reasonably requested by employees or management. Partner/department managers are responsible for ensuring that any necessary risk assessments are undertaken and that recommended changes to the workplace and working practices are implemented.

32.29. If the employee uses a computer for prolonged periods of time they can request a workstation assessment by contacting the Health and Safety Officer. Information on the use of display screen equipment can also be obtained from the Health and Safety Officer.

Display screen equipment and eye care
32.30. Employees who are identified as Display Screen Equipment ‘users’ will be provided with an appropriate eye and eyesight test upon request.

32.31. Where employees are members of the firm’s Private Health Insurance scheme, they should claim optical care under that policy in the first instance if applicable.

Eye and eyesight testing
32.32. The purpose of the test if determine whether the employee has any sight defect which requires correction when working with Display Screen Equipment (DSE).

This includes a test of vision and an examination of the eye and must be carried out by a registered ophthalmic optician or a suitable qualified doctor.

32.33. Employees may use their own optician and claims can be submitted through the expense’s procedure.

32.34. However, Viberts will only pay for tests which are performed for the specific purpose of determining whether correction is required for DSE and this cost must be clearly identified on the supporting documentation with expenses.

32.35. Employees should check the cost of their eye and eyesight test in advance and for any tests exceeding £55.00 should seek authorisation from the Practice Director in advance.

Provision of glasses
32.36 Where it is identified that an employee requires glasses specifically for working with DSE, Viberts will pay the cost of a basic pair of frames and lenses.

32.37. Where an employee requires glasses for a number of purposes which includes the use of DSE, Viberts will only pay the costs attributable to the requirements of the DSE involved and this must be clearly identified on any supporting documentation with expenses.

32.38. Viberts will not pay for glasses if they are not required for DSE work.

32.39 Designer frames will not be paid for. However, if the employee wishes to upgrade their glasses they may do so at their own expense.

32.40. For any basic frames and lenses exceeding £150, employees should seek authorisation from the Partnership Director in advance of confirmation.

Requirements for re-testing
32.41. The firm would anticipate that eye and eyesight repeat testing would be required at least every two years although the frequency of repeat testing will vary for individual employees.

32.42. More regular re-testing will be determined by the qualified person carrying out the test and any examination or correction of vision defects required within this period, which are not related to display screen work, are the responsibility of the employee and not the firm.

 

33. NO-SMOKING POLICY

33.1. The firm is committed to protecting the health, safety and welfare of all those who work for the firm by providing a safe place of work and protecting all employees, clients and visitors from exposure to smoke.

33.2. The firm’s workplace is smoke-free and all employees and visitors have a right to a smoke-free environment.

Scope and implementation of the policy
33.3. Smoking is banned in the firm’s workplace. This ban applies to anything that can be smoked and includes, but is not limited to, cigarettes, pipes (including water pipes such as shisha and hookah pipes), cigars, herbal cigarettes and electronic cigarettes.

33.4. Employees may only smoke outside during breaks. When smoking outside, employees should ensure that they dispose of cigarette butts appropriately. Employees are also requested not to smoke immediately outside the entrance to the firm’s premises as this affects clients and visitors as they enter the building.

33.5. The firm is committed to making this policy effective and to promoting a healthy working environment. Workers who experience particular difficulty complying with this policy should discuss their situation with their partner/department manager, the Practice Director or Head of People and Culture.

Breaches of the policy
33.6. Breaches of this policy will be dealt with under the firm’s Disciplinary Procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.

33.7. Smoking in smoke-free premises is also a criminal offence and may result in a fixed penalty fine and/or prosecution.

 

34. SUBSTANCE MISUSE POLICY

34.1. The firm is committed to providing a safe, healthy and productive working environment for all of its employees, customers and visitors. This includes ensuring that all employees are fit to carry out their roles safely and effectively in a working environment which is free from alcohol and drug misuse.

34.2. All employees are expected to arrive at work fit to carry out their roles and to be able to perform their duties safely without any limitations due to the use or after effects of alcohol or drugs (whether prescribed, over the counter or illegal).

34.3. Misuse of alcohol and drugs can lead to reduced levels of attendance, reduced efficiency and performance, impaired judgement and decision making and increased health and safety risks, not only for the individual but also for others. Irresponsible behaviour or the commission of offences resulting from the misuse of alcohol or drugs may damage the firm’s reputation and, as a result, its business.

34.4. The firm will not accept employees arriving at work under the influence of alcohol or drugs, and/or whose ability to work is impaired in any way by reason of the consumption of alcohol or drugs, or who consume
alcohol or take drugs (other than prescription or over the counter medication, as directed) on the firm’s premises or at work related events or when attending on the firm’s business such as training, conferences or social events.

Scope and purpose of the policy
34.5. This policy is principally intended to deal with alcohol and drug problems which, in the context of this policy are any drinking or taking of drugs, whether intermittent or continual, which interferes with work performance in relation to attendance, efficiency, productivity or safety. The employee will be deemed to be under the influence of alcohol or drugs where that is the reasonable opinion of a partner/department manager or partner.

34.6. This policy is not intended to apply to “one-off” incidents or offences caused by alcohol or drug misuse at or outside work where there is no evidence of an ongoing problem, which may damage the firm’s reputation, and which are likely to be dealt with under the firm’s disciplinary policy.

34.7. The purpose of this policy is to increase awareness of the effects of alcohol and drug misuse and its likely symptoms and to ensure that;

1. All employees are aware of their responsibilities regarding alcohol and drug misuse and related problems.
2. Employees who have an alcohol or drug related problem are encouraged to seek help, in confidence, at an early stage.
3. Employees who have an alcohol or drug related problem affecting their work are dealt with sympathetically, fairly and consistently.

Personnel responsible for implementation of the policy
34.8. Partners and partner/department managers have an important role to play in identifying problems at work that are being caused or contributed to by alcohol or drug misuse.

34.9. Where a partner or partner/department manager considers that a deterioration in work performance and/or changes in patterns of behaviour may be due to alcohol or drug misuse the employee should seek advice and assistance from the Head of People and Culture;

34.10. When an employee arrives at work and a partner or manager reasonably believes that they are under the influence of alcohol or drugs, they shall immediately contact the Head of People and Culture in order that the employee can be provided with assistance and an investigation can be undertaken.

34.11. If the employee notices a change in a colleague’s pattern of behaviour they should encourage them to seek assistance through their partner/department manager or the Head of People and Culture. If the employee will not seek help themselves they should draw the matter to the attention of their partner/department manager. The employee should not attempt to cover up for a colleague whose work or behaviour is suffering as a result of an alcohol or drug-related problem.

34.12. If the employee believes that they have an alcohol or drug-related problem they should seek specialist advice and support as soon as possible.

Alcohol and drugs at work
34.13. The firm expects the employee to demonstrate responsible behaviour at work, work-related functions and work-related social events and to act in a way that will not have a detrimental effect on the firm’s reputation. If the employee entertains clients or represents the firm at external events where alcohol is served, they are considered to be “at work” regardless of whether they do so outside normal working hours. Consequently, the firm will expect the employee to remain professional and fit for work at all times.

34.14. Partner/department managers should act to prevent excessive consumption of alcohol by any employee and should take steps to deal with any unacceptable conduct that occurs at such functions. Any such behaviour may lead to disciplinary action.

34.15. The firm expects all of its employees to comply with drink-driving legislation at all times. The firm’s reputation will be damaged if the employee is convicted of a drink-driving offence and, if their role requires the employee to drive and they lose their licence, they may be unable to continue to do their role. Committing a drink-driving offence outside or during working hours or while working for the firm may lead to disciplinary action and could result in dismissal in accordance with the firm’s Disciplinary Procedure.

34.16. If the employee is prescribed medication they must seek advice from their GP or pharmacist about the possible effect on their ability to carry out their role and whether their duties should be modified or they should be temporarily reassigned to a different role. If so the employee must tell their partner/department manager or the Head of People and Culture without delay.

Searches
34.17. The firm reserves the right to conduct searches for alcohol or drugs, including, but not limited to, searches of offices, filing cabinets and desks, or packages sent to the firm’s address which are on the firm’s premises

34.18. Any alcohol or drugs found as a result of a search will be confiscated and disciplinary action may result.

Management of suspected substance misuse
34.19. If the employee’s partner/department manager has reason to believe that the employee is suffering the effects of alcohol or drugs misuse, for example, due to deterioration in their work or behaviour, they will invite the employee to an investigatory interview. The purpose of the interview is to:

1. Discuss the reason for the investigation and seek their views on, for example, the deterioration of their work performance and/or behaviour.
2. Where appropriate, to offer any support or guidance to the individual whilst the employee seeks professional treatment.

34.20. If, as a result of the interview, the employee’s manager continues to believe that they are suffering the effects of alcohol or drugs misuse and the employee refuses to seek professional treatment the matter may be dealt with under the firm’s Disciplinary Procedure.

Providing support
34.21. Alcohol and drug related problems may develop for a variety of reasons and over a considerable period of time. The firm is committed, in so far as possible, to treating these problems in a similar way to other health issues. Support will be provided where possible with a view to supporting a full recovery, allowing a return to work and the full range of the employee’s duties. This may include:

1. Time off work to attend treatment as recommended by their GP or specialist and recognition of any periods of absence for treatment as periods of sickness absence.
2. Adjusting their duties or other support as recommended by their GP or specialist during treatment and for an agreed period thereafter, subject to operational requirements and feasibility.

34.22. The firm may request that the employee undergoes further medical examinations at the firm’s expense so that it may determine the extent of the employee’s alcohol or drug related problems, and what support, guidance and adjustments the firm can reasonably provide.

34.23. If the employee does not finish a programme of treatment (either because the treatment provider ceases to support the employee or because the employee stops attending) or their recovery and return to work does not happen as anticipated at the outset of a course of treatment, the firm will meet with the employee to decide what further action should be taken.

Confidentiality
34.24. The firm aims to ensure that the confidentiality of any employee experiencing alcohol or drug-related problems is maintained appropriately by the Head of People and Culture, partners and partner/department managers, and, where it is necessary to inform them, colleagues. However, it needs to be recognised that, in supporting employees, some degree of information sharing is likely to be necessary.

34.25. If the employee seeks help with an alcohol or drug-related problem directly from the Managing Partner or Head of People and Culture or another partner without the knowledge of their partner/department manager the matter will be treated confidentially unless, in their opinion maintaining confidentiality could put the employee, their colleagues or anyone else at risk. In those circumstances the employee will be encouraged to inform their partner/department manager and will be given sufficient time to do so before their partner/department manager is informed by the Managing Partner, Head of People and Culture or partner.

Performance and disciplinary issues
34.26. If, having acknowledged an alcohol or drug related problem, the employee undertakes treatment and/or rehabilitation, any related performance or disciplinary action may be suspended pending the outcome of the treatment.

34.27. The firm’s intention is to support all employees with alcohol or drug related problems to regain good health. Depending on the progress made on the course of treatment, any disciplinary action may be suspended for a specified period, discontinued or continued.

 

35. DATA PROTECTION POLICY

35.1. Viberts is committed to protecting the rights & freedoms of data subjects and safely & securely processing their data in accordance with our legal obligations. We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.

Please see the Viberts Data Protection and Privacy policies for further information.

 

36. ELECTRONIC INFORMATION AND COMMUNICATIONS SYSTEMS POLICY

36.1. The firm’s electronic communications systems and equipment are intended to promote effective communication and working practices within the firm’s organisation, and are critical to the success of the firm’s business. This part of the handbook deals mainly with the use (and misuse) of computer equipment, e-mail, the internet, telephones, Smart phones, personal digital assistants (PDAs) and voicemail, but it applies equally to the use of fax machines, copiers, scanners, and electronic key fobs. It outlines the standards the firm requires users of these systems to observe, the circumstances in which the firm will monitor use of these systems and the action the firm will take in respect of breaches of these standards.

36.2. All employees are expected to protect the firm’s electronic communications systems and equipment from unauthorised access and harm at all times. Failure to do so may be dealt with under the firm’s Disciplinary Procedure and, in serious cases, may be treated as gross misconduct leading to summary dismissal.

Equipment security and passwords
36.3. Employees are responsible for the security of the equipment allocated to or used by them, and must not allow it to be used by anyone other than as permitted by this handbook.

36.4. If given access to the e-mail system or to the Internet, employees are responsible for the security of their PCs/laptops. If leaving a PC/laptop unattended or on leaving the office the employee should ensure that their PC/laptop is locked or logged off to prevent unauthorised users accessing the system in their absence. Employees without authorisation should only be allowed to use PCs/laptops under supervision.

36.5. Desktop PCs and cabling for telephones or computer equipment should not be moved or tampered with without first consulting the IT Manager.

36.6. Passwords are unique to each user and must be changed regularly to ensure confidentiality. Passwords must be kept confidential and must not be made available to anyone else unless authorised by the IT Manager. For the avoidance of doubt, on the termination of employment (for any reason) employees passwords will be changed by the IT Manager and employees must return any equipment and key fobs.

36.7. Employees who have been issued with a laptop, PDA or Smartphone must ensure that it is kept secure at all times, especially when travelling. Passwords must be used to secure access to data kept on such equipment to ensure that confidential data is protected in the event of loss or theft. Employees should also be aware that when using equipment away from the workplace, documents may be read by third parties, for example, passengers on public transport.

Systems and data security
36.8. Employees should not delete, destroy or modify existing systems, programmes, information or data which could have the effect of harming the firm’s business or exposing it to risk.

36.9. Employees should not download or install software from external sources without authorisation from the IT Manager. This includes software programmes, instant messaging programmes, screensavers, photos, video clips and music files. Incoming files and data should always be virus-checked by the IT Manager before they are downloaded. If in doubt, employees should seek advice from the IT Manager. The following must never be accessed from the network: online radio, audio and video streaming, instant messaging and webmail (such as Hotmail or Yahoo) and social networking sites (such as Facebook, Bebo, Second Life, YouTube, Twitter). Some social networking sites may be made available for use by employees during the lunch period. This list may be modified from time to time.

36.10. No device or equipment should be attached to the firm’s systems without the prior approval of the IT Manager. This includes any USB flash drive, MP3 or similar device, PDA or telephone. It also includes use of the USB port, infrared connection port or any other port.

36.11. Should it be necessary to transfer data to or from removable media prior consent from the IT Manager must be obtained. This includes USB flash drives and CDs/DVDs. In general data will only be transferred by the IT Manager once the media has been scanned for any virus.

36.12. The firm monitors all e-mails passing through the firm’s system for viruses. Employees should exercise caution when opening e-mails from unknown external sources or where, for any reason, an e-mail appears suspicious (for example, if its name ends in .ex). The IT Manager should be informed immediately if a suspected virus is received. The firm reserves the right to block access to attachments to e-mails for the purpose of effective use of the system and for compliance with this part of the firm’s handbook. The firm also reserves the right not to transmit any e-mail message.

36.13. Employees should not attempt to gain access to restricted areas of the network, or to any password-protected information, unless specifically authorised.

36.14. Employees using laptops or Wi-Fi enabled equipment must be particularly vigilant about its use outside the office and take any precautions required by the IT Manager from time to time against importing viruses or compromising the security of the system. The system contains information which is confidential to the firm’s business and/or which is subject to data protection legislation. Such information must be treated with extreme care and in accordance with the firm’s Data Protection Policy.

E-mail etiquette and content
36.15. E-mail is a vital business tool, but an informal means of communication, and should be used with great care and discipline. Employees should always consider if e-mail is the appropriate means for a particular communication and correspondence sent by e-mail should be written as professionally as a letter or fax. Messages should be concise and directed only to relevant individuals. Emails being sent to external recipients should include their individual signature.

36.16. Employees should not send abusive, obscene, discriminatory, racist, harassing, derogatory or defamatory e-mails. Anyone who feels that they have been harassed or bullied, or are offended by material received from a colleague via e-mail should inform their partner/department manager or the Practice Director.

36.17. Employees should take care with the content of e-mail messages, as incorrect or improper statements can give rise to claims for discrimination, harassment, defamation, breach of confidentiality or breach of contract. Employees should assume that e-mail messages may be read by others and not include anything which would offend or embarrass any reader, or themselves, if it found its way into the public domain.

36.18. E-mail messages may be disclosed in legal proceedings in the same way as paper documents. Deletion from a user’s inbox or archives does not mean that an e-mail cannot be recovered for the purposes of disclosure. All e-mail messages should be treated as potentially retrievable, either from the main server or using specialist software. All inbound and outbound external e-mails are automatically archived by the firms e-mail archiving software and are retained for a period of 10 years before deletion.

36.19. In general, employees should not;

1. Send or forward private e-mails at work which the employee would not want a third party to read.
2. Send excessive personal emails at work, either to internal colleagues or friends or to external contacts.
3. Send or forward chain mail, junk mail, cartoons, jokes or gossip.
4. Contribute to system congestion by sending trivial messages or unnecessarily copying or forwarding e-mails to those who do not have a real need to receive them.
5. Sell or advertise using the firm’s communication systems or broadcast messages about lost property, sponsorship or charitable appeals unless with authorisation from the Managing Partner.
6. Agree to terms, enter into contractual commitments or make representations by e-mail unless appropriate authority has been obtained. A name typed at the end of an e-mail is a signature in the same way as a name written at the end of a letter.
7. Download or e-mail text, music and other content on the internet subject to copyright protection, unless it is clear that the owner of such works allows this.
8. Send messages from another worker’s computer or under an assumed name unless specifically authorised.
9. Send confidential messages via e-mail or the Internet, or by other means of external communication which are known not to be secure.

36.20. Employees who receive a wrongly delivered e-mail should return it to the sender. If the e-mail contains confidential information or inappropriate material (as described above) it should not be disclosed or used in any way.

36.21. All inbound and outbound emails are regularly monitored by the Managing Partner and Practice Director. Certain key words used within e-mails are flagged in the monitoring system for further analysis.

Use of the Internet
36.22. When a website is visited, devices such as cookies, tags or web beacons may be employed to enable the site owner to identify and monitor visitors. If the website is of a kind described in paragraph 30.30, such a marker could be a source of embarrassment to the visitor and the firm, especially if inappropriate material has been accessed, downloaded, stored or forwarded from the website. Such actions may also, in certain circumstances, amount to a criminal offence if, for example, the material is pornographic in nature.

36.23. Employees should therefore not access any web page or any files (whether documents, images or other) downloaded from the Internet which could, in any way, be regarded as illegal, offensive, in bad taste or immoral. While content may be legal in Jersey, it may be in sufficient bad taste to fall within this prohibition. As a general rule, if any person (whether intended to view the page or not) might be offended by the contents of a page, or if the fact that the firm’s software has accessed the page or file might be a source of embarrassment if made public, then viewing it will be a breach of the firm’s Electronic Information and Communications Systems Policy.

Personal use of systems
36.24. The firm permits the incidental use of Internet, e-mail and telephone systems to send personal e-mail, browse the Internet and make personal telephone calls subject to certain conditions set out below. Personal use is a privilege and not a right. It must be neither abused nor overused and the firm reserves the right to withdraw its permission at any time.

36.25. The following conditions must be met for personal usage to continue:

1. Use must be minimal and take place substantially out of normal working hours (that is, during lunch hours, before 9 am or after 5 pm).
2. Use must not interfere with business or office commitments.
3. Use must not commit the firm to any marginal costs.
4. Use must comply with the policies set out in this handbook including the Equal Opportunities Policy, Anti-Bullying and Harassment Policy, Data Protection Policy and Disciplinary Procedure.

36.26. Employees should be aware that personal use of the firm’s systems will be monitored and, where breaches are found, action may be taken under the disciplinary procedure. The firm reserves the right to restrict or prevent access to certain telephone numbers or Internet sites if the firm considers personal use to be excessive.

Monitoring of use of systems
36.27. The firm’s systems enable it to monitor telephone, e-mail, voicemail, Internet and other communications. For business reasons, and in order to carry out legal obligations in the firm’s role as an employer, use of the firm’s systems including the telephone and computer systems, and any personal use of them, is continually monitored by the IT Manager and the Managing Partner. Monitoring is only carried out to the extent permitted or as required by law and as necessary and justifiable for business purposes.

36.28. The firm reserves the right to retrieve the contents of messages or check searches which have been made on the internet for the following purposes (this list is not exhaustive):

1. To monitor whether the use of the e-mail system or the internet is legitimate and in accordance with this policy.
2. To find lost messages or to retrieve messages lost due to computer failure.
3. To assist in the investigation of wrongful acts under one of the firm’s policies or procedures.
4. To comply with any legal obligations.

Inappropriate use of equipment and systems
36.29. Access is granted to the Internet, telephones and other electronic systems for legitimate business purposes only. Incidental personal use is permissible provided it is in full compliance with the firm’s rules, policies and procedures (including this policy, the Equal Opportunities Policy, Anti-Bullying and Harassment Policy, Data Protection Policy and Disciplinary Procedure).

36.30. Misuse, excessive or inappropriate use or abuse of the firm’s telephone, e-mail system, or the Internet in breach of this policy will be dealt with under the firm’s Disciplinary Procedure. Misuses of the Internet can, in certain circumstances, constitute a criminal offence. In particular, misuse of the e-mail system or inappropriate use of the internet by participating in online gambling or chain letters or by creating, viewing, accessing, transmitting or downloading any of the following material will amount to gross misconduct (this list is not exhaustive):

1. Pornographic material (that is, writing, pictures, films and video clips of a sexually explicit or arousing nature).
2. Offensive, obscene, or criminal material or material which is liable to cause embarrassment to the firm or to the firm’s clients.
3. A false and defamatory statement about any person or organisation.
4. Material which is discriminatory, offensive, derogatory or may cause embarrassment to others.
5. Confidential information about the firm or any of the firm’s employees or clients (which the employee does not have authority to access).
6. Any other statement which is likely to create any liability (whether criminal or civil, and whether for the employee or the firm).
7. Material in breach of copyright.

36.31. Any such action will be treated very seriously and is likely to result in summary dismissal.

36.32. Where evidence of misuse is found the firm may undertake a more detailed investigation in accordance with the firm’s Disciplinary Procedure, involving the examination and disclosure of monitoring records to those nominated to undertake the investigation and any witnesses or managers involved in the firm’s Disciplinary Procedure. If necessary such information may be handed to the police in connection with a criminal investigation.

 

37. SOCIAL MEDIA POLICY

37.1. The firm recognises that the Internet provides unique opportunities to participate in interactive discussions and share information on particular topics using a wide variety of social media, such as Facebook, LinkedIn, Twitter, blogs and wikis. However, employees’ use of social media can pose risks to the firm’s confidential and proprietary information, and reputation, and can jeopardise the firm’s compliance with legal obligations.

37.2. To minimise these risks, to avoid loss of productivity and to ensure that the firm’s IT resources and communications systems are used only for appropriate business purposes, the firm expect employees to adhere to this policy.

Scope and purpose of the policy
37.3. This policy deals with the use of all forms of social media, including Facebook, LinkedIn, Twitter, Wikipedia, all other social networking sites, and all other Internet postings, including blogs.

37.4. It applies to the use of social media for both business and personal purposes, whether during office hours or otherwise. The policy applies regardless of whether the social media is accessed using the firm’s IT facilities and equipment or equipment belonging to employees.

37.5. Breach of this policy may result in disciplinary action up to and including dismissal. Disciplinary action may be taken regardless of whether the breach is committed during working hours, and regardless of whether the firm’s equipment or facilities are used for the purpose of committing the breach. Any employee suspected of committing a breach of this policy will be required to co-operate with the firm’s investigation, which may involve handing over relevant passwords and login details.

37.6. Employees may be required to remove Internet postings which are deemed to constitute a breach of this policy. Failure to comply with such a request may in itself result in disciplinary action.

Personnel responsible for implementing the policy
37.7. The Managing Partner has overall responsibility for the effective operation of this policy, but has delegated day-to-day responsibility for its operation to the Practice Director. Responsibility for monitoring and reviewing the operation of this policy and making recommendations for change to minimise risks also lies with the IT Manager

37.8. All partner/department managers have a specific responsibility for operating within the boundaries of this policy, ensuring that all employees understand the standards of behaviour expected of them and taking action when behaviour falls below its requirements.

37.9. All employees are responsible for the success of this policy and should ensure that the employee take the time to read and understand it. Any misuse of social media should be reported to the Practice Director or the Managing Partner. Questions regarding the content or application of this policy should be directed to the Practice Director.

Compliance with related policies and agreements
37.10. Social media should never be used in a way that breaches any of the firm’s other policies. If an Internet post would breach any of the firm’s policies in another forum, it will also breach them in an online forum. For example, employees are prohibited from using social media to:

1. Breach the firm’s Electronic Information and Communications Systems Policy.
2. Breach the firm’s obligations with respect to the rules of relevant regulatory bodies.
3. Breach any obligations the employee may have relating to confidentiality.
4. Breach the firm’s Disciplinary Rules.
5. Defame or disparage the firm or its affiliates, customers, clients, business partners, suppliers, vendors or other stakeholders.
6. Breach the firm’s Anti-Bullying and Harassment Policy.
7. Breach the firm’s Equality and Diversity Policy.
   Breach the firm’s Data Protection Policy (for example, never disclose personal information about a colleague online).
8. Breach any other laws or ethical standards (for example, never use social media in a false or misleading way, such as by claiming to be someone other than themselves or by making misleading statements).

37.11. Employees should never provide references for other individuals on social or professional networking sites, as such references, positive and negative, can be attributed to the organisation and create legal liability for both the author of the reference and the organisation.

37.12. Employees who breach any of the above policies will be subject to disciplinary action up to and including termination of employment.

Personal use of social media
37.13. The firm recognises that employees may work long hours and occasionally may desire to use social media for personal activities at the office or by means of the firm’s computers, networks and other IT resources and communications systems. The firm authorises such occasional use so long as it does not involve unprofessional or inappropriate content and does not interfere with their employment responsibilities or productivity. While using social media at work, circulating chain letters or other spam is never permitted. Circulating or posting commercial, personal, religious or political solicitations or promotion of outside organisations unrelated to the firm’s business are also prohibited.

37.14 Employees must not, whether within the workplace or within their personal time:

1. Post to news groups or forums in such a way as to bring Viberts into disrepute or risk bringing it into disrepute.
2. Express opinions which purport to be Viberts’ views unless they are authorised to express views on behalf of Viberts.
3. Otherwise act in any way which could risk damaging the reputation of Viberts’.

Monitoring
37.15. The contents of the firm’s IT resources and communications systems are the firm’s property. Therefore, employees should have no expectation of privacy in any message, files, data, document, facsimile, telephone conversation, social media post conversation or message, or any other kind of information or communications transmitted to, received or printed from, or stored or recorded on the firm’s electronic information and communications systems.

37.15. The firm reserves the right to monitor, intercept and review, without further notice, employees activities using the firm’s IT resources and communications systems, including but not limited to social media postings and activities, to ensure that the firm’s rules are being complied with and for legitimate business purposes and the employee consent to such monitoring by their use of such resources and systems. This might include, without limitation, the monitoring, interception, accessing, recording, disclosing, inspecting, reviewing, retrieving and printing of transactions, messages, communications, postings, log-ins, recordings and other uses of the systems as well as keystroke capturing and other network monitoring technologies.

37.16. The firm may store copies of such data or communications for a period of time after they are created, and may delete such copies from time to time without notice.

37.17. The employee must not use the firm’s IT resources and communications systems for any matter that they wish to be kept private or confidential from the organisation.

37.18. For further information, please refer to the firm’s Electronic Information and Communications Systems Policy.

Business use of social media
37.19. The firm actively use Twitter, LinkedIn, Facebook, YouTube and Google+ as an integral part of its marketing strategy. All communications through these channels on behalf of the firm are controlled by the Marketing team. Should staff wish to suggest a topic or item for promotion vis these channels, these must be directed to the Marketing team for approval and release. If the employee’s duties require them to speak on behalf of the firm in a social media environment, the employee must still seek approval for such communication from the Managing Partner and the Head of Business Development and Marketing.

37.20. Likewise, if an employee is contacted for comments about the firm for publication anywhere, including in any social media outlet, they should direct the inquiry to the Managing Partner and the Head of Business Development and Marketing and should not respond without written approval.

37.21. The use of social media for business purposes is subject to the remainder of this policy.

Recruitment
37.22. The firm may use Internet searches to perform due diligence on candidates in the course of recruitment. Where the firm does this, the firm will act in accordance with the firm’s data protection and equal opportunities obligations.

Responsible use of social media
37.23. The following sections of the policy provide employees with common-sense guidelines and recommendations for using social media responsibly and safely;

Protecting the firm’s business reputation:
37.24. Employees must not post disparaging or defamatory statements about:

1. the firm’s organisation.
2. the firm’s clients.
3. suppliers and vendors.
4. other affiliates and stakeholders.

37.25. Employees should also avoid social media communications that might be misconstrued in a way that could damage the firm’s business reputation, even indirectly.

37.26. Employees should make it clear in social media postings that they are speaking on their own behalf. They should write in the first person and use a personal e-mail address when communicating via social media.

37.27. Employees are personally responsible for what they communicate in social media. The employee should remember that what they publish might be available to be read by the public (including the firm itself, future employers and social acquaintances) for a long time. The employee should keep this in mind before they post content.

37.28. If the employee discloses their affiliation as an employee of the firm, the employee must also state that their views do not represent those of their employer. For example, the employee could state, “the views in this posting do not represent the views of my employer”. The employee should also ensure that their profile and any content they post are consistent with the professional image they present to clients and colleagues.

37.29. The employee should avoid posting comments about sensitive business-related topics, such as the firm’s performance. Even if the employee makes it clear that their views on such topics do not represent those of the firm, their comments could still damage the firm’s reputation.

37.30. If the employee is uncertain or concerned about the appropriateness of any statement or posting, refrain from making the communication until the employee discuss it with the Managing Partner.

37.31. If the employee sees content in social media that disparages or reflects poorly on the firm or its stakeholders, the employee should contact the Managing Partner. All employees are responsible for protecting the firm’s business reputation.

Respecting intellectual property and confidential information
37.32. Employees should not do anything to jeopardise the firm’s valuable trade secrets and other confidential information and intellectual property through the use of social media.

37.33. In addition, employees should avoid misappropriating or infringing the intellectual property of other companies and individuals, which can create liability for the firm, as well as the individual author.

37.34. The employee should not use the firm’s logos, brand names, slogans or other trademarks, or post any of the firm’s confidential or proprietary information without prior written permission.

37.35. The contact details of business contacts made during the course of their employment are regarded as the firm’s confidential information, and as such the employee will be required to delete all such details from their personal social networking accounts, such as Facebook accounts or LinkedIn accounts, on termination of employment.

Respecting colleagues, clients, partners and suppliers
37.36. The employee should not post anything that their colleagues or the firm’s clients, suppliers or other stakeholders would find offensive, including discriminatory comments, insults or obscenity.

37.37. The employee should not post anything related to their colleagues or the firm’s customers, clients, business partners, suppliers, vendors or other stakeholders without their written permission.

 

38. MOBILE DEVICE USAGE POLICY

38.1. The firm recognises that mobile phones are an effective form of communication between clients and employees and accepts they are now a part of everyday life. As such some employees may be provided with a mobile device by the firm to use in their daily activities. In some cases the employees existing mobile phone contract may be taken over by the firm enabling the employee to keep their original number and handset.

38.2. Mobile devices represent a significant risk to information and data security as, if the appropriate security applications and procedures are not applied, they can be a conduit for unauthorised access to the firm’s data and IT infrastructure. This can subsequently lead to data leakage and system infection.

38.3. The firm has a requirement to protect its information assets in order to safeguard its clients, intellectual property and reputation. This document outlines a set of practices and requirements for the safe use of mobile devices.
Scope

38.4. This policy applies to all employees who have a mobile device, whether owned by the firm or owned by employees, which has access to company networks, data and systems. This includes, mobile phones, Smart phone and tablet devices.

38.5. Exemptions: Where there is a business need to be exempted from this policy (too costly, too complex, adversely impacting other business requirements) a risk assessment must be conducted and be authorised by the IT Manager, the Head of Risk and Compliance and the Managing Partner.

Provisions
38.6. The provision of a mobile phone to an employee by the firm is dependent upon the employee’s role within the firm and is at the discretion of the Managing Partner.

Policy
38.7. Employees are required to take good care of the mobile device which has been provided to them and take reasonable precautions to ensure that the device is not damaged, lost or stolen. In the event that the device is lost or stolen the IT Manager should be informed as soon as possible for de-activation.

38.8. Devices must store all user-saved passwords in an encrypted password store. With the exception of those devices managed by IT, devices are not allowed to be connected directly to the internal company network.

38.9. All devices must be secured with a screen lock which automatically activates after a period of inactivity. A PIN must be used to unlock the device.

38.10. An employee’s PIN and any other passwords should never be disclosed. Should an employee believe someone else knows their PIN or password they should change them immediately. If an employee suspects that unauthorised access to the firm’s data has taken place via a mobile device they must report the incident to the IT Manager and the Head of Risk and Comliance immediately.

38.11. Devices must not be “jailbroken” or have any software/firmware installed which is designed to gain access to functionality not intended to be exposed to the user.

38.12. Illegal content or pirated software must not be loaded on to the device.

38.13. Applications must only be installed from official sources. No applications from un-trusted sources should be installed. If an employee is unsure about an application contact the IT Manager for assistance.

38.14. Devices must be kept up to date with manufacturer or network operator patches. The mobile device must be set to automatically install these. If an employee has been authorised to use the firm’s email on their device the configuration settings for the device will be provided by the IT Manager.

38.15. It should be noted that when replying to or creating emails from a mobile device the employee’s signature is not automatically added as it is from Outlook. The firm’s disclaimer is automatically added to all outbound external emails.

38.16. Employees must be cautious about the merging of personal and work email accounts on their devices. They must take particular care to ensure that the firm’s data is only sent through the corporate email system. If an employee suspects that the firm’s data has been sent from a personal email account, either in body text or as an attachment, they must notify the IT Manager and Head of Risk and Compliance immediately.

38.17. The firm may install security and management software to enforce security policies on mobile devices connected to its networks.

38.18. Employees leaving the firm must return their mobile phones to the IT Manager or make arrangements with the firm to take over the mobile contract. The Practice Director will be responsible for making sure that this is completed as part of the normal exit procedure.

Personal Use
38.19. Employees are permitted to use their company mobile device for fair and reasonable personal use. Should the amount of personal usage be deemed excessive the firm may ask for a contribution towards the costs.

Roaming
38.20. There is a significant additional cost of using a mobile device when roaming outside of Jersey. If the employee is planning a trip away they should contact the IT Manager beforehand and roaming add-ons can be applied to the device to reduce the cost.

38.21. Unless necessary, mobile data services should be switched off and the employee should primarily use Wi-Fi for all data requirements. The employee should contact the IT Manager if they are unsure how to configure their phone.

38.22. Employees should be aware of these additional costs when making calls. Employees should try to avoid unnecessary calls and if possible ask the other person to call them back.

 

39. STAFF LEGAL SERVICES

39.1. The firm, at its discretion, allows its employees to have personal legal work provided to them internally, under certain conditions as follows. (Every employee should note that every request for personal legal services must be put to the Managing Partner, who will have the ultimate discretion in whether legal services will be provided.)

1. If the matter involves litigation or matrimonial work and the employee qualifies for a legal aid certificate, the certificate should be applied for at the legal aid clinic; the firm will not be allocated to deal with the certificate.
2. If an employee wishes the firm to deal with a litigation or matrimonial matter on a privately paying basis this will be considered by the Managing Partner and the Partner heading the relevant department. The firm reserves the right to charge the full private client hourly rate for the matter. The firm can decline to act if it is felt that it is more appropriate that the matter is dealt with by another law firm.
3. The firm will, at its discretion, provide a free will for all permanent employees who have successfully completed their probationary period with the firm. Only simple wills will be covered by this free service. Wills can be drawn up for both immovable and movable property for the employee. The free service is only available to the employee and not to any member of their family or friends.
4. The firm will, at its discretion, act for an employee in a conveyancing transaction free of charge. However, this will only apply to one conveyance every five years (e.g. a sale and purchase done at the same time) and will only be offered once the employee has at least 18 months continuous service with the firm and once they have successfully passed their probationary period. This service extends to a spouse/partner who is buying/selling jointly with the employee.

 

40. THE “KEEP Viberts HOUSE TIDY” POLICY

Scope and purpose of policy
40.1. This policy applies to every employee of the firm

40.2. The purpose of this policy is to keep a clean, tidy and safe office environment which encourages effective and efficient methods of working for the whole firm.

40.3. A tidy office has the following benefits:

1. It minimises risks to confidentiality and security and ensures data protection requirements are met.
2. It reduces the risk of workplace accidents.
3. It reduces stress levels.
4. It helps establish a culture of security and trust for all employees.
5. It gives a positive image of the firm to clients, visitors, suppliers and contractors.

Waste and Confidential Waste
40.4. All unwanted documentation containing personal details of any individual, including the data of clients, employees, members of the public, contractors or suppliers must be disposed of in the confidential waste bins provided on each floor.

40.5. If an employee is unsure about whether a piece of documentation should be treated as confidential waste they should maintain caution and dispose of the document in the confidential waste bin.

40.6. All other waste which is not deemed confidential should be disposed of in the bins provided by each individual desk.

40.7. Food waste should be disposed of in the bins provided by each tea-point. This will prevent any unwanted smells from affecting colleagues at surrounding desks

Tidy desk
40.8. At the end of every working day, employees should put all documentation, paperwork, folders and files away in personal drawers, or in the rolling storage provided for each department.

40.9. Employees should refrain from leaving post-it style notes around their computer and desk, as these often contain personal information such as names, telephone numbers and email addresses, and they are liable to come loose and become lost. All contact details should instead be recorded in your Contacts section of Outlook.

40.10. All client files should be put away in the rolling storage provided for each department. Employees are permitted to keep 2-3 files that are in use, in the lockable cupboards provided at their desks. Putting files away ensures that they will be easily accessible by other employees when needed.

40.11. Reasonable personal belongings are permitted as long as they are kept to a minimum. Desks, computers and the space underneath and immediately surrounding desks should be kept clear for health and safety reasons as well as for the purpose of allowing the cleaners to do their job.

General office tidiness
40.12. Every employee is requested to contribute towards general tidiness in the workplace. This encourages a more efficient and safe working environment.

40.13. Over coats, scarves and other clothing should not be kept on the back of office chairs. Instead they should be placed on the coat hooks provided in the ladies’ and gentlemen’s toilets on each floor. A smart office jacket may be kept on the back of chairs.

40.14. Once an employee has finished using a box from archiving they should notify Facilities so that it can be returned to storage. This helps to keep floor space and walk ways clear for others.

40.15. If employees need to dispose of large waste or cardboard, they are requested to inform Facilities so that it can be removed safely.

Environment
40.16. The offices are climate controlled at a central point. The temperature for the office is chosen so that it provides a comfortable working temperature for all employees. The temperature will be maintained throughout the day. It is important that all employees respect the comfort of their colleagues, and do not attempt to alter the temperature of the office. If an employee finds that they are feeling constantly too hot or too cold, they are firstly advised to try dressing more appropriately for the temperature. If this is not effective they should speak to the Practice Director or Managing Partner.

40.17. The office windows should not be opened. Opening windows counteracts the effect of the air-conditioning, and causes it to use a substantial amount of power when trying to maintain a consistent internal air temperature.

Shower facilities
40.18. Shower facilities are provided. They are provided for the use of all employees.

40.19. Employees using the shower facilities are reminded that they are shared by all employees, and that they should leave the facilities clean and tidy so that they can be enjoyed fully by all.

40.20. Employees should be advised that shower facilities are provided for use outside of the normal working hours only.

40.21. Employees are reminded that they should provide their own towels and toiletries.

40.22. The changing facility has limited space, and therefore employees are requested to keep all belongings in the lockers provided, or the space on top of the locker units.

40.23. Security in the shower and changing rooms cannot be guaranteed, and therefore Employees are reminded to lock away all personal belongings.

Tea points
40.24. Employees are provided with tea-points on each floor so that they may make themselves refreshments throughout the working day. Milk, tea and coffee, and sugar are provided for employees’ use.

40.25. Employees are reminded that the tea-points on each floor are for the use of everyone, and are requested therefore to help keep them tidy and clean for the enjoyment of others. Their open plan design also means mess and dirty crockery and cutlery are more visible.

40.26. A limited amount of crockery and cutlery is provided at each tea-point for the use of employees. By way of courtesy to colleagues, employees are requested to return all crockery and cutlery to the tea-point after use, and to clean them and put them away so that they are ready for use by others. Employees are requested not to leave dirty crockery and cutlery on their desks once they have finished using them.

Toilets
40.27. Ladies’ and gentlemen’s toilets are provided on each floor.

40.28. Employees are requested to leave the toilet facilities as they would expect to find them. This includes placing all hand towels in the bins provided, and generally leaving the area clean and tidy.

40.29. Anti-bacterial soap is provided in each set of toilets. Employees are encouraged to use this when washing their hands in order to reduce the risk of spreading germs and bacteria.

Meeting rooms
40.30. Viberts has meeting rooms available for meetings. It cannot be guaranteed that a suitable meeting room will be available at all times, and therefore employees are requested to check the availability of meeting rooms and make a booking before confirming meeting arrangements with a client, supplier, contact, member of staff or other visitor to the firm.

40.31. Meeting room bookings should ideally be made by phone to reception where possible. Bookings made by email are acceptable but the employee should ensure these are made allowing ample time before the meeting so as to avoid disappointment.

40.32. When making a room booking employees should notify reception of the following information:

1. The names and number of those in the meeting.
2. The duration of the meeting.
3. Whether any refreshments/lunch are required.
4. Whether any external people will be attending the meeting.

40.33. Reception is often very busy taking phone calls and dealing with visitors to the firm. Employees are therefore asked to provide a collaborative approach to keeping the reception area and meeting rooms tidy. When a meeting has ended employees are asked to replace any used glasses and bottles of water, and to leave the room as they found it, with chairs tidily put away and nothing left on the table.

Bikes
40.34. All bikes should be kept in the bike racks provided at the rear of the building.

40.35. The bike racks are located close to an emergency evacuation exit, and therefore great care should be taken to ensure that the exit is not blocked at any time.

40.36. If any employee has a question about the content of this policy, they should speak to their partner/department manager or Practice Director.

 

41. REMOTE IT ACCESS POLICY

Introduction
41.1. With people leading busy work and personal lives, employees increasingly want the flexibility of being able to juggle their work and personal lives, often outside the workplace.

Purpose
41.2. The purpose of this policy is to define the correct use of connecting to the firm’s network from any external host. This policy is designed to help minimise the potential exposure of the firm from damages which may result from unauthorised use of its resources. Examples of damages include the loss of confidential and sensitive information, intellectual property, damage to the firm’s public image, and damage to the firm’s critical internal systems.

Scope
41.3. This policy applies to all employees of the firm, including temporary or fixed-term employees, consultants, suppliers and third-parties, who connect to the firm’s network through a company owned or personal computer, laptop, mobile phone or tablet, or through any other external device (all referred to as “users” for the purpose of this policy). This policy applies to remote access connections to the firm’s network for any purpose, either work-related or personal, including reading and sending emails from your work account, viewing, creating or amending files and folders saved on the firm’s network, or using other applications saved on the firm’s network.

Changes to the policy
41.4. The IT Manager is responsible for this policy, and it may be changed or amended at their discretion as required at any time. Users are advised to contact the IT Manager with any questions regarding the use of this policy.

Policy
41.5. Remote access is permitted at the absolute discretion of the Managing Partner and the Practice Director. Anyone wishing to request remote access must speak to the Managing Partner or Practice Director to explain their reasons for the request, and to seek permission. Upon authorisation from the Managing Partner or Practice Director, the IT Manager will enable the user with remote access, and will explain the process for gaining remote access when outside the workplace.

41.6. By requesting and using remote access, the user is agreeing to be bound by the relevant policies and procedures contained within the Staff Handbook and the Operations Manual (copies can be obtained from the Practice Director upon request), namely:

1. Data protection Policy.
2. Electronic Information & Communication Systems.
3. Disciplinary Rules and Disciplinary Procedure.

Access and password
41.7. Secure remote access will be strictly controlled by the IT Manager. Remote access to the network will be by using the user’s normal username and password to login. Users using remote access should pay special consideration to the strength of their password in order to ensure the highest level of security.

41.8. In order to create a “strong” password, users are advised to use passwords that do not contain their account name or parts of their full name, or any personal information which could be easily guessed, such as a child’s name, house name or pet’s name. Passwords should be at least six characters in length, and should contain one character from at least 3 of the following 4 categories:

1. English uppercase characters (A through Z).
2. English lowercase characters (a through z).
3. Base 10 digits (0 through 9).
4. Non-alphabetic characters (for example, !, $, #, %).

41.9. Password issuing and expiration dates will be controlled by the IT Manager.

41.10. Under no circumstances should a user provide their login details to another party, including work colleagues or family members.

Remote access guidance
41.11. All users should comply with the following general guidelines when they have been granted with remote access to the firm’s network:

1. Remote access must only be used by the specified user.
2. Computer equipment, mobile phones, tablets and other electronic devices supplied by the firm should only be used by the specified user.
3. Users must ensure that when using remote access to connect to the firm’s network, their electronic devices are locked or logged off when unattended. The system will automatically log-off after being idle for 15 minutes to aid security.
4. Users must not print confidential information to a network printer when not in the workplace as this may leave the information vulnerable to other employees, contractors, suppliers or visitors to the firm.
5. Users with remote access to the firm’s network must not use non-Viberts email accounts (i.e. Hotmail, Gmail or yahoo) to conduct firm business.
6. All users using remote access must ensure they are using the most up-to-date anti-virus software on all personal devices, as this will reduce the risk of the firm’s network becoming infected with a virus.
7. Users must not save any information containing firm business on their own personal electronic device, including documents, files and emails.
8. Users must report acts of non-compliance with this policy to the Managing Partner immediately.