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TUPE Policy

1. PURPOSE

The company maintains a zero-tolerance standard of violence in the workplace. The purpose of this policy is to provide company employees guidance that will maintain an environment at and within the company offices and at our client sites that our employees are located that are free of violence and the threat of violence.

2. POLICY

Violent behaviour of any kind or threats of violence, either implied or direct, are prohibited at company locations. Such conduct by an employee will not be tolerated. An employee who exhibits violent behaviour may be subject to criminal prosecution and shall be subject to disciplinary action up to and including dismissal. Violent threats or actions by a non-employee may result in criminal prosecution. The company will investigate all complaints filed and will also investigate any possible violation of this policy of which we are made aware. Retaliation against a person who makes a complaint regarding violent behaviour or threats of violence made to him/her is also prohibited.

3. PROHIBITED BEHAVIOUR

Violence in the workplace may include, but is not limited to the following list of prohibited behaviours directed at or by a co-worker, supervisor or member of the public:

  • Direct threats or physical intimidation.
  • Implications or suggestions of violence.
  • Stalking.
  • Possession of weapons of any kind on company premises including exterior premises or while engaged in activities in other locations, or at company sponsored events, unless such possession or use is a requirement of the job.
  • Assault of any form.
  • Physical restraint, confinement.
  • Dangerous or threatening horseplay.
  • Loud, disruptive or angry behaviour or language that is clearly not part of the typical work environment.
  • Blatant or intentional disregard for the safety or well-being of others.
  • Commission of a violent act or misdemeanor on company property or remote location.
  • Any other act that a reasonable person would perceive as constituting a threat of violence.

Domestic Violence, while often originating in the home, can significantly impact workplace safety and the productivity of victims as well as co-workers. For the purposes of this document, “domestic violence” is defined as abuse committed against an adult or fully emancipated minor. Abuse is the intentional reckless attempt to cause bodily injury, sexual assault, threatening behaviour, harassment, or stalking, or making annoying phone calls to a person who is in any of the following relationships:

  • Spouse or former spouse.
  • Domestic partner or former domestic partner.
  • Cohabitant or former cohabitant and or other household members.
  • A person with whom the victim is having, or has had, a dating or engagement relationship.
  • A person with whom the victim has a child.

The company recognizes that domestic violence may occur in relationships regardless of the marital status, age, race, or sexual orientation of the parties.

4. REPORTING ACTS OR THREATS OF VIOLENCE

An employee who:

  • Is the victim of violence, or
  • Believes they have been threatened with violence, or
  • Witnesses an act or threat of violence towards anyone else

Shall take the following steps:

  1. If an emergency exists and the situation is one of immediate danger, the employee shall contact the local police by dialing 999, and may take whatever emergency steps are available and appropriate to protect him/herself from immediate harm, such as leaving the area.
  2. If the situation is not one of immediate danger, the employee shall report the incident to the appropriate supervisor or manager as soon as possible and complete the The company Incident Report Form.

5. PROCEDURES- FUTURE VIOLENCE

Employees who have reason to believe they, or others, may be victimised by a violent act sometime in the future, at the workplace or as a direct result of their employment with The company, shall inform their supervisor or manager by immediately completing an Incident Report Form so appropriate action may be taken. The supervisor or Manager shall inform his/her Director, the Head of Human Resources and the local Police.

Employees who have signed and filed a restraining order, temporary or permanent, against an individual due to a potential act of violence, who would be in violation of the order by coming near them at work, shall immediately supply a copy of the signed order to their supervisor. The supervisor shall provide copies to the Director, the Director of Human Resources and local police.

6. INCIDENT INVESTIGATION

Acts of violence or threats will be investigated immediately in order to protect employees from danger, unnecessary anxiety concerning their welfare, and the loss of productivity. The employee’s Director will cause to be initiated an investigation into potential violation of work rules/policies. Simultaneously, the Director will refer the matter to local police for their review of potential violation of civil and/or criminal law.

Procedures for investigating incidents of workplace violence include:

  • Visiting the scene of an incident as soon as possible.
  • Interviewing injured and threatened employees and witnesses.
  • Examining the workplace for security risk factors associated with the incident, including any reports of inappropriate behaviour by the offender.
  • Determining the cause of the incident.
  • Taking mitigating action to prevent the incident from recurring.
  • Recording the findings and mitigating actions taken.

In appropriate circumstances, the company will inform the reporting individual of the results of the investigation. To the extent possible, the company will maintain the confidentiality of the reporting employee and the investigation but may need to disclose results in appropriate circumstances; for example, in order to protect individual safety. The Company will not tolerate retaliation against any employee who reports workplace violence.

7. MITIGATING MEASURES

Incidents which threaten the security of employees shall be mitigated as soon as possible following their discovery. Mitigating actions include:

  • Notification of Police when a potential criminal act has occurred.
  • Provision of emergency medical care in the event of any violent act upon an employee.
  • Post-event trauma counselling for those employees desiring such assistance.
  • Assurance that incidents are handled in accordance with the policy.
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