Constitution
Section 15: Employee code of conduct
Last updated December 2024
Contents
Equality, Diversity & Inclusion.
Expressing Concern about irregularities & Tackling Malpractice.
Information Technology & Data Protection.
Intellectual Property & Copyright
Section B – Conflicts of Interest
Sponsorship – Giving and Receiving
Procurement of Goods and Services, Managing and Disposal of Council Property.
The Local Community and Service Users.
Appointment of Staff and Other Employment Matters.
Discrimination, Harassment and Victimisation .
Section D – Use of Council Resources & Equipment
Council Equipment and Materials .
Use of Council Financial Resources.
Competition for Council Services.
Section E – Criminal Charges, Cautions and Convictions
Section A – Policy Overview
Introduction
The public is entitled to expect the highest standards of conduct from all employees who work for Wyre Forest District Council in order to uphold the strong reputation of the Council and its services. This Code describes the standards of conduct required from all employees and anyone seconded or engaged from other organisations to work for the Council.
Employees are requested to take time to read this Code to ensure that they understand our expectations of their conduct and behaviour. If they are at all uncertain about what is expected, seek further clarification from their Line Manager.
Contravening or failing to act within the guidelines set down by this Code and within the Council’s policies, or at any time behaving in a manner which could bring the Council in to disrepute, may result in action being taken against employees under the Disciplinary Policy and Procedure and for contractors or third parties to be removed from our premises and reported to their respective organisations.
This Code applies to all employees at all levels, including the Chief Executive and Corporate Leadership Team Members (CLT).
Guiding Principles
All employees of the Council are expected to give the highest possible standard of service to the public and provide appropriate advice to the public, Councillors and fellow employees with impartiality.
Employees are expected to uphold and demonstrate a commitment to the Council Values; We are Working together, We are Fair, We are Dependable, We put Communities first.
Employees will be expected to bring to the attention of the appropriate level of management any deficiency in the provision of service. They must report to the appropriate manager any impropriety or breach of procedure.
Our employees represent the Council. They must adhere to council policies and procedures and be familiar with the performance standards for customer care and the procedures for handling complaints.
It is not acceptable for employees to criticise or blame colleagues, council departments or our Councillors publicly through any medium including social media. Offensive, defamatory, discriminatory or otherwise inappropriate comments will not be tolerated and may constitute a disciplinary and/or criminal offence.
This policy and procedure will be reviewed periodically giving due consideration to any legislative changes.
The Code cannot cover all cases likely to arise in practice, but the principles certainly do. Ultimately, the Council relies on the integrity, common sense and professional judgement of individual employees and is committed to upholding the Nolan Principles (www.gov.uk/government/publications/the-7-principles-of-public-life).
Roles and Responsibilities
CLT Members are responsible for:
- Strategic and operational compliance of this policy ensuring all managers apply the principles and procedures fairly, consistently and in a timely manner.
All Employees:
- Must read, understand and work in accordance with the latest Code of Conduct and;
- Maintain the highest standards of professional competence, knowledge, integrity, confidentiality, financial propriety and personal conduct;
- Be fair and honest in all activities at work;
- Remain impartial and maintain the highest standards of integrity;
- Incorporate and promote equality and diversity in all that that they do
Managers - in addition to the above
- All Managers are responsible for the application of this Code in their work area. They must ensure the Code is adhered to and will:
- · Role model the required standards of behaviour;
- · Reinforce the required standards of behaviour through appropriate communications with their teams;
- · Explain the provisions of the Code to promote understanding;
- · Coach, support and provide feedback to employees on their performance in relation to the required standards of conduct;
- · Take appropriate action at the earliest opportunity to deal with non-compliance with the standards of the Code.
HR are responsible for:
- Providing training, support, advice and guidance to CLT members, managers and employees in respect of the policy;
- Ensure the policy is regularly reviewed and updated in line with the Council’s agreed policy review procedure and in respect of any legislative or legal requirements and that this is then communicated to all employees;
- Regularly review and monitor the effectiveness of the policy.
Equality, Diversity and Inclusion
We want to attract and retain a diverse workforce to deliver better outcomes across a range of services and can respond to the range of needs of the citizens of Wyre Forest and is reflective of the people we serve.
The Council aims to provide a safe working environment where employees are treated fairly and with respect. As an employer, we’re committed to ensuring equality of opportunity, fair treatment for all colleagues and to building a more inclusive culture which values and celebrates the diverse nature of our workforce.
All our colleagues are entitled to be treated with dignity and respect in the workplace. Discrimination, bullying, victimisation or harassment of any kind is not tolerated.
All our managers have an important leadership responsibility to promote dignity and respect in the workplace and take steps to advance equality and address concerns in their service area.
Health and Safety
The Council, as your employer, has a duty under the law to ensure, so far as is reasonably practicable, your health, safety and welfare at work. As an employee, you have legal duties as well relating to the correct use of work equipment, cooperating with the council on health and safety and taking reasonable care of your own health and safety and others who are affected by what you do.
Unsafe working can endanger you, your colleagues, and members of the public. You must familiarise yourself with the Council’s Health and Safety Policy and guidelines for your particular work on the Health & Safety section on the Intranet. You must follow the procedures and safe practices they describe including reporting any accidents, incidents or near misses you have at work on the day that they occur. You must also co-operate with any accident and incident investigations when requested.
You must report any medical condition, symptoms or use of medication which may impair your ability to conduct your role, which could place you or others in immediate danger.
Smoke Free Environment
Employees should ensure they familiarise themselves with the Council’s Smoke-free Workplaces Policy.
Standards of Appearance
The Council values and welcomes the ethnic diversity of its workforce and supports the ability of employees to dress in observation of religious or other cultural norms.
Employees are expected to present a suitable business-like appearance and dress appropriately to the circumstances within their working environment, the nature of work they are undertaking, and the levels and types of both internal and external contacts encountered in the normal course of their duties.
Where uniform or protective clothing is issued it must be worn as required when at work or representing the Council. When wearing uniform or other items which identify you as an employee of the Council you must maintain appropriate standards of conduct whether or not on duty, e.g.,when travelling to and from work.
Clothing should not be perceived as offensive or display any offensive, political or contentious slogans.
Identity Badges
All employees issued with identity cards/badges should wear them at all times during their working day. This is particularly important for offsite premises or when visiting members of the public in their homes. Where managers decide that it is not practical to wear identity badges then employees should have them available for inspection at all times.
Expressing concern about irregularities and tackling malpractice
If an employee becomes aware of activities which they believe to be illegal, improper, unethical, dangerous or otherwise inconsistent with this Code, the employee should report the matter, acting in accordance with the employee's rights under The Public Interest Disclosure Order 1998, in line with the Council's Confidential Reporting (Whistleblowing) Policy and Health and Safety Policies. Any employee raising such concerns need have no fear of recrimination. They will be properly supported and the Council will do everything possible to keep the matter confidential.
Anti-fraud and Corruption
Fraud and corruption are serious issues which can affect the services the Council provides to the community and the public’s perception of the integrity of Council Officers and Members. If employees suspect fraudulent activity inform the Section 151 Officer (Solicitor to the Council/Head of Resources) and/or Internal Audit who will investigate any concerns raised in the strictest confidence.
For further information please see the Council’s Corporate Fraud and Confidential Reporting (Whistleblowing) Policy.
Confidentiality
Employees may acquire information at work which has not been made public or is confidential. They must ensure that sensitive and/or confidential information is properly secured and safeguarded at all times.
Confidential information which comes into their possession must not be used for personal benefit or divulged to other parties except in the proper course of duty. Should they be contacted for a comment in relation to a press release or being asked to provide any information to members of the public, please refer to the Council Media Protocol.
They must decline any approaches or offers made asking for information which could be detrimental to, or help others to gain a contract, grant or any other advantage from the Council and/or its employees. Approaches or offers of this kind must be declared to the Section 151 Officer (Solicitor to the Council) without delay.
Upon termination of employment, employees are required to return any documents or files (electronically readable or otherwise) in their possession and may not copy, take or retain any documents containing confidential information.
Information Technology and Data Protection
Employees must familiarise themselves with all IT Security documents particularly the Council’s ICT Security Policy, Internet, Media and Social Media Protocols. They must also comply with any general management, usage and security guidelines for IT within your section.
The law requires that certain types of information relating to the Council are made available to the public. Equally there is other information that would be unlawful to disclose to a third party. Employees must treat all agendas, reports and other documents and all proceedings of the Council, Committees, Sub-Committees and Panels as confidential unless and until they become public in the ordinary course of the Council’s business.
Council owned equipment is provided for employees for business purposes to enable them to carry out their day-to-day duties. We do not expect employees to use the internet or telephones for social and/or personal business use.
The Council will collect, process and store personal data in accordance with our Data Protection Policy.
Intellectual Property and Copyright
All intellectual property rights, (that is copyright, design rights and the right to patent inventions) relating to anything created or invented by you in the course of your duties belongs automatically to the Council, unless otherwise agreed, you cannot exploit the rights to any such thing without written permission from the Council.
Section B – Conflicts of Interest
Personal Interests
The interests of the Council and the way employees do their job must not be influenced by or conflict with their personal interests or those of relatives, friends or membership of external organisations or societies. There should be no grounds for suspicion that they are using their position with knowledge of the Council for personal gain or that they could be influenced by improper motives.
Employees must formally declare any financial or non-financial interests where it may be perceived that they could give rise to a conflict with the Council’s interests (see further guidance and Declaration of Interests form at the end of this document).
Secondary Employment
Employees ‘off duty’ hours are their own personal concern, but they should not put themselves in a position where their work at the Council and private interests conflict. The Council will not unreasonably attempt to prevent Officers from undertaking additional employment.
Those employees on Band 7 and above i.e. Senior Officers and above, need specific permission to undertake outside work even if, in their view, the work could not possibly conflict with their duty as an employee of the Council. Such permission will be considered in the light of the particular circumstances of the application to be approved, upon application to the CLT Member concerned. Employees below the above salary level must advise their CLT Member of private or other employment undertaken.
Under no circumstances should employees undertake private planning work i.e. to prepare any plans on behalf of any applicant to this Council for planning and/or Building Regulations consent within the District. Undertaking private planning work outside the District requires the prior approval of the Chief Executive after consultation with the relevant CLT member.
They must also advise their Line Manager or Senior Manager before engaging in any voluntary work (especially if it could reasonably be seen to conflict with their employment with the Council or lead to misunderstanding or criticism).
Employees average working time should not exceed an average of 48 hours per week, including their intended secondary employment. They may be required to disclose their total working hours, to enable the Council to monitor their hours worked in order to comply with the Working Time Regulations (for further information visit HSE.gov.uk).
All employees intending to undertake additional employment are required to complete a Declaration of Interest form which will be kept on the employee’s personal file.
Private Work
While undertaking their role, employees work judgements may be questioned and conflicts can arise. It is important that they are, and are seen to be, working conscientiously and fairly for the Council and not leave themselves open to accusations of self-interest.
Private work includes being a director, company secretary, agent or advisor to a company or organisation, even where this is unpaid. They may undertake paid or unpaid work for themselves or other organisations but there are some rules that must be followed.
They must:
- declare to their manager any private work undertaken (they will be asked to declare any private work undertaken on an annual basis as part of the Council’s declaration of interest process, however, their obligation to make an annual declaration is, in addition to, and not instead of, their duty to report every individual matter immediately)
- ensure any private work is done in their own time and not:
- during Council time
- when they are on sick leave
- when it is seen to be against the interests of the Council
- when it may reduce public confidence in the Council
- when they are on extended leave or on a career break from their Council job
- not use Council property (including information which belongs to the Council) or equipment to do private work (for example making phone calls, postage, photocopies or using computer systems)
- not use their position with the Council for private gain
- ensure that there is no conflict of interest
- get formal written permission from their designated manager before they take up any (paid or unpaid) private work for any person or organisation that supplies (or receives), or is tendering/applying to supply goods or services to (or from)
- the Council
- the Council’s contractors
- the Council’s suppliers
- declare in writing to their designated manager any fees paid to them from outside bodies for work they do in the course of their job and on behalf of the Council (for example fees for a lecture or broadcast done in work time) and:
- they must get permission in advance of undertaking such work and;
- any such fees above a certain amount per annum must be shared with the Council in accordance with the local conditions of service but;
- they may keep any fees for lectures or other work that the Council does not pay them for, but they must have had permission and the work must be carried out in their own time
Remember that the responsibility to comply with these rules (or any others which may apply to their area of work or specific job) and to volunteer any relevant information is theirs alone.
Outside Commitments
Personal use of all telephones (mobiles and landlines) is restricted. However, it is recognised, that on occasions it is necessary for employees to make emergency/short personal calls during normal office hours. These calls must be confined, wherever possible, to non working time, i.e. break times/out of office hours.
Employees must disclose any personal interest that could conflict with the Council’s interests including membership of a secret society which can be disclosed in confidence to the CLT Member. The Chief Executive can provide guidance of the definition of a ‘secret society’. The Solicitor to the Council will keep a record of employees’ declarations of interest.
Hospitality and gifts
In certain instances, hospitality is not acceptable e.g. in connection with regulatory action. In other cases, modest hospitality, provided that it is normal and reasonable in the circumstances, e.g. lunches during a working visit, may be acceptable. It should not exceed the scale of hospitality which the Council would be likely to offer.
Subject to the guidance below about low value gifts and small gratuities where any gift is offered, employees of the Council should, if possible, refuse it. If it is not possible to refuse the gift, e.g. where such an item is left for the employee without being offered or posted, it should be returned to the person who sent it. In either case the Solicitor to the Council should be informed.
Gifts, other than those of low intrinsic value (e.g. diaries/calendars, pens, mugs), should be politely declined. If in doubt the employee should seek advice from their Manager. Small gratuitous tips such as those offered to employees at Christmas (e.g. Waste Crews) can be accepted. Tips must not be asked for or taken for providing an additional service over and above that agreed by the Council.
The Solicitor to the Council will keep a record of hospitality and gifts received, or refused, other than the low value gifts and small gratuities mentioned in the above paragraph.
Sponsorship – Giving and Receiving
Where an outside organisation wishes to sponsor or is seeking to sponsor a Local Government activity, whether by invitation, tender, negotiation or voluntarily, the basic conventions concerning acceptance of gifts or hospitality apply. Particular care must be taken when dealing with contractors or potential contractors.
Where the Council wishes to sponsor an event or service neither an employee nor any partner, spouse or relative must benefit from such sponsorship in a direct way without there being full disclosure to the Solicitor of the Council of any such interest. Similarly, where the Council through sponsorship, grant aid, financial or other means, gives support in the community, employees should ensure that impartial advice is given and that there is no conflict of interest involved.
Procurement of Goods and Services
Procurement procedures must be strictly adhered to and employees must not accept any inducement or preferential treatment if they are responsible for procuring goods or services for the council or disposing of surplus property. In addition, officers should always be in a position to demonstrate that Best Value has been sought and achieved. Detailed guidance on procurement and tendering is set out in the council’s Contracts Procedure Rules.
Procurement procedures must be strictly adhered to and they must not accept any inducement or preferential treatment if they are responsible for procuring goods or services for the Council or disposing of surplus property. Should they have any concerns or require any advice then this should be directed to the relevant Section 151 Officer (Head of Resources/Solicitor to the Council) in the first instance.
Competition for Council Services
Whilst we encourage staff to share best practice and support of other Local Authority Colleagues, employees who are approached by private companies for details of the Council's procedures such as enquiries about staffing policy, purchasing policy, costing methods and operational procedures should seek advice from their Corporate Leadership Team member and/or immediate supervisor immediately. Employees should not put fellow employees at a disadvantage in competition by inadvertently supplying confidential information to competitors.
Political Neutrality
Employees serve the Council. It follows that they must serve all Councillors and not just those of the controlling group and must ensure the individual rights of all Councillors are respected.
Their post may be or become ‘politically restricted’ if it is considered politically sensitive in accordance with statutory provisions e.g. officers who regularly advise any committee or speak publicly on behalf of the Council, for instance to the media. If their job is politically restricted their political activities (e.g. canvassing on behalf of a political party or on behalf of a candidate for election or speaking to the public with the apparent intention of affecting support for a political party) normally will be restricted unless it can be shown that such restriction would be unreasonable.
Employees, whether or not politically restricted, must give advice which does not compromise their political neutrality. Employees must implement the lawful expressed policies of the Council and must not allow their own personal or political opinions to interfere with their work. Employees should familiarise themselves with and comply with the Council’s Protocol for Member/Officer relations.
No employee, regardless of whether they are in a politically restricted post or not, may be elected or hold office as a member of the local authority by which they are employed, in accordance with Local Government Act 1972.
Section C – Relationships
Councillors
Some employees are required to give advice to Councillors in the course of their duties. Mutual respect between employees and Councillors is essential to good local government.
Employees must not place themselves in a position where close familiarity with a Councillor or Senior Manager prejudices their work in the Council. Any concerns or clarification should be directed to the Solicitor to the Council in the first instance.
The Local Community and Service Users
If employees work in close proximity with service users or other employees to whom they are related or have a close personal connection then they must raise this with their line manager and arrangements will be made for the work to be allocated to another staff member. They should also be aware that if any relationship leads to disruption in the workplace, unacceptable conduct or performance or situations involving undue favouritism or detriment, action may be taken under the appropriate procedure, which could include disciplinary action.
For further information please see the Council’s Professional Boundaries Policy.
Contractors
If the employee is involved in awarding work, orders or contracts to members of the public, contractors or suppliers, the employee must inform his or her line manager of all relationships with members of the public, external contractors, potential contractors, or suppliers of goods or services. “Relationship” includes such things as having a direct shareholding in a company or where the employee, a close family member or close friend works for a company. The line manager will wherever possible allocate the work to another employee in order to avoid any conflict of interest that could arise from an employee’s business relationship with others.
When exercising their delegated powers, employees must comply with the declaration of related party transactions applicable to Members of the Council.
Appointment of Staff and Other Employment Matters
In order to avoid any possible accusation of bias, employees should not be directly involved in or be in a position where they manage and/or may influence decisions regarding the appointment, promotion, discipline or other employment matters relating to another employee to whom they are related or with whom they have a close personal relationship or friend. If a situation arises in which they feel they may be in such a position, please seek the advice of HR.
A family member could include, but is not limited to:
- Husband/Wife/Partner
- Son/Daughter
- Parent
- Sibling
- In-laws
- Aunt/Uncle
- Niece/Nephew
- Cousin
- Step-relation
- Grandparents
- The Spouse or Partner of any of the preceding persons
Dealing with the Media
In general, all communications with the media relating to the activities of the Council are handled through the Communications Team.
The Chief Executive/CLT Member and Senior Managers may respond directly to media requests relating to matters under their control.
No other employee should initiate contact with the media or respond to media enquiries without consulting the Communications Team and receiving the approval of their Senior Manager to do so.
Discrimination, Harassment and Victimisation
Employees must treat all other employees and customers of the Council with courtesy and respect, and must not make any remarks or gestures relating to the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation which may cause offence. Any complaint of discrimination, harassment, or victimisation or complaints made on the grounds of any of the protected characteristics listed above, will be taken seriously and will be the subject of a thorough investigation.
The policy complies with The Worker Protection (Amendment of Equality Act 2010) Act 2023 and the council will take reasonable steps to prevent sexual harassment of their employees in the course of their employment. ‘Harassment’ covers unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature that has that effect.
Section D – Use of Council Resources and Equipment
Council Equipment and Materials
Facilities, equipment, vehicles, materials and other resources provided by the Council should not be used for unauthorised purposes. Any resources provided for use in an employees work must not be used for any other purpose without permission or appropriate payment e.g. photocopying, private telephone calls, internet or social media etc.
Managing and Disposal of Council Property
Employees must not steal, borrow without authorisation, damage on purpose, or seriously neglect anything that belongs to the council. They should not steal or damage on purpose anything belonging to the council's customers, service users, employees, Councillors, partners or anyone else who they come into contact with in their work.
Employees must take good and reasonable care of the Council’s property, equipment and other physical assets and of the property, equipment and other physical assets of fellow employees and of any other person where the Council is in a position of trust or has a duty of care.
Employees must return any property or equipment which they have been allowed to borrow by their Manager as soon as they leave their job or when their Manager tells them to do so. The council will regard any theft or improper private use involving its money, property, equipment or investments as a serious matter and it is the policy of the council always to prosecute in such cases.
Employees must ensure they use public funds entrusted to them in a responsible and lawful manner in accordance with the rules prescribed by the council to ensure value for money and to avoid legal challenge.
Use of Financial Resources
Employees must ensure that they use public funds entrusted to them in a responsible and lawful manner, following regulations and council policy on procurement as applicable. They should strive to ensure value for money to the local community and to avoid legal challenge to the Council.
Section E - Criminal Charges, Cautions and Convictions
Inappropriate/Sexual Material
It is not acceptable for employees to either possess or obtain any material which is of an inappropriate sexual, pornographic or discriminatory nature whilst in the workplace or whilst conducting Council duties outside of the workplace, i.e. including computers, laptops, mobile phones etc, printed material etc.
Inappropriate material can be defined as material that deals with matters such as sex, cruelty, violence, terrorism, racism or discrimination that has the potential to offend. Possessing or obtaining inappropriate material also applies to data stored or transmitted on Council computer systems or Council supplied mobile telephones. Examples of such material may include, but is not limited to: -
- Calendars
- Posters
- Magazines/Books/Other forms of literature
- Videos/DVD’s
- Screensavers or computer desktops
- Computer images
- Photographs
- Social media
Alcohol and Substance Misuse
Under no circumstances should an employee attend work under the influence of drugs or alcohol. Employees should ensure they familiarise themselves with the Council’s Alcohol and Substance Misuse Policy.
Criminal Charges, Cautions and Convictions
Employees must advise their line manager immediately if they are charged with, cautioned or convicted of any criminal offence whilst they are an employee of the Council. Whilst such proceedings will not necessarily affect their employment, the Council needs to be sure there are no implications for its reputation and service delivery or in relation to the role they undertake.
Employees must also advise their line manager immediately if they have been arrested or appeared in court and released on bail in circumstances where bail conditions have been applied which could have consequences for their work. If they are in any doubt about whether they should report bail conditions, especially those where safeguarding could be an issue, they must discuss it with their line manager or HR so that any concerns can be addressed from the outset.
Informing the Council of relevant bail conditions will assist them in making sure that they do not inadvertently breach bail conditions that have been imposed, and where appropriate the Council will make adjustments to their work accordingly to assist compliance.
Failure to report such conditions would be considered as serious misconduct and could potentially lead to a breach of bail as well as formal disciplinary action.
Driving Convictions
Although employees’ driving documentation will be checked on a regular basis it is the responsibility of all employees to inform their supervisor/manager/HR as soon as possible of any driving offence/conviction especially when they are required to drive as part of their role.
Where any driving offence/conviction results in the driver losing their Driving Licence, the supervisor/manager must inform HR of the offence/conviction so that an assessment of the implications for them being able to fulfil the requirements of their role can be undertaken.
Consideration may need to be given to the application of other Council procedures e.g. capability or disciplinary procedure and/or whether other actions should be taken e.g. further training or removal from driving duties.
It is illegal to use a hand-held mobile phone when driving even when employees are stopped at traffic lights or in a queue of traffic with the engine running. This includes using a hands-free phone if they fail to have proper control of the vehicle.
Employees should ensure they familiarise themselves with the Council’s Driver Handbook on the Health and Safety section on the Intranet.
Breaches of the Code
Any breach of this Code by an employee is deemed to be an extremely serious matter and therefore consideration will be provided regarding the need for a formal disciplinary investigation.
Related Policies & Procedures
Reference should be made to any related policies and procedures regarding the standards of conduct required from all employees. Examples of these that can be found on the intranet are:
- Disciplinary Policy and Procedure
- Dignity at Work
- Media & Social Media Protocols
- Health & Safety Policy
- Alcohol and Substance Misuse Policy
- ICT Security Policy
- Drivers Handbook
- Safeguarding Policy
- Professional Boundaries Policy
- Confidential Reporting (Whistleblowing Policy)
Further Advice
Details of policies referenced in the Code of Conduct and relating to people management can be found on the HR pages on the Council’s Intranet. Further advice is available from the HR team.