United Kingdom Addendum
 
For UK Employees Only
To our UK employees: please note that wherever UK law provides for or offers greater protections to our employees, UK law will govern. Some of the policies below may not be applicable to all employees. Please contact a member of the Human Resources Department if you have any questions about the content of this Addendum.
 
 
Table of Contents

Supplementary Terms and Conditions of Employment 
Normal Place of Work
Salary
Holiday
Sickness Notification and Pay
Regulatory Compliance
 
Non-Contractual Policies and Procedures 
Family Leaves
Maternity Leave
Adoption Leave
Paternity Leave
Shared Parental Leave
Citadel Additional Parental Leave
Statutory Parental Leave (unpaid)
Time Off for Dependant Emergencies (unpaid)
Carer's Leave (unpaid)
Parental Bereavement Leave Policy
Flexible Work Practices
Jury Service and Other Public Duties
Whistleblowing Policy
Disciplinary Procedure
Modern Slavery
Grievance & Workplace Concerns Procedure
 
Supplementary Terms and Conditions of Employment 
 
Normal Place of Work
Your normal place of work is Citadel’s premises at 120 London Wall, London, EC2Y 5ET. We reserve the right to relocate our offices to any place within Central London or otherwise make reasonable changes to your normal place of work at any time.

If you are required to work outside the UK for more than one month, we will write to you separately with further details.
 
Salary
Your basic salary will accrue at the rate of 1/260th of your annual salary per working day and payment for any incomplete months of service will be calculated on this basis.

 

Holiday
On the termination of your employment, we will pay you in lieu of any accrued but untaken Contractual Annual Leave Entitlement. This will be calculated at the rate of 1/260th of your annual basic salary for each accrued but untaken day. If you have used more than your accrued Contractual Annual Leave Entitlement at the termination of your employment you must repay us (or we may make a deduction) at the rate of 1/260th of your annual basic salary for each excess day.
 
Sickness Notification and Pay

Notification
If you are absent from work due to sickness or injury you must inform your manager or Human Resources, as soon as practically possible, prior to your normal start time on each day of absence. You must keep us regularly informed of the reasons for, and expected duration of, your absence.
 
If you are absent for 7 days or less (including weekends and public holidays), immediately following your return to work you will be required to update Workday to reflect your absence.
 
If you are absent for more than 7 consecutive days (including weekends and public holidays), you must provide Human Resources with a medical certificate on the 8th day and thereafter weekly as well as updating Workday to reflect your absence. 
 
Any unauthorised absence for whatever reason must be explained and failure to do so may be treated as a disciplinary matter.
 
Sick Pay
If you are absent from work due to sickness or injury, and comply with the notification requirements, you may be entitled to statutory sick pay (SSP) and/or company sick pay as set out below.
 
You will be paid SSP (if applicable) in accordance with the provisions of UK social security legislation, as amended from time to time. For SSP purposes your qualifying days are Monday to Friday inclusive.
 
You will continue to be paid Company Sick Pay (i.e. your normal basic salary) for a maximum aggregate of 25 working days in any rolling 12 month period. This is inclusive of any entitlement to SSP.
 
Regulatory Compliance

Senior Managers and Certification Regime (SMCR)
Citadel Advisors Europe Limited and Citadel Securities (Europe) Limited are subject to the SMCR. Under the SMCR, individuals who are either Senior Managers, Certified Persons or “Conduct Rules Staff” are subject to personal regulatory duties pursuant to the SMCR Conduct Rules. Insofar as the SMCR applies to you, it is a condition of your continued employment that you comply with the relevant SMCR provisions. Any failure to do so may result in the termination of your employment, potentially with immediate effect and without compensation. 

Even if you are not strictly subject to the requirements of the SMCR Conduct Rules, Citadel expects all UK employees to comply with the standards required by the Individual Conduct Rules (discussed below), as they are consistent with the expectations that Citadel has of all UK employees under the Employee Handbook. As such, failure by any UK employee to meet the standards set out in the Individual Conduct Rules is likely to amount to a breach of the policies and procedures applicable to you could lead to disciplinary action, the consequences of which could include the termination of your employment, potentially with immediate effect and without compensation.
 
Definitions and Interpretation
In this section of the Handbook the following words and expressions shall have the meanings set out below:
 
“Certified Person” means a person who requires to be certified for the purposes of the SMCR;
 
“Conduct Rules” means the FCA rules issued under s64A and s64B of the Financial Services and Markets Act 2000 as set out at the end of this section (and as amended from time to time);
 
“Conduct Rules Staff” means staff members who are neither Senior Managers nor Certified Persons but to whom the FCA’s Individual Conduct Rules (set out below) apply;
 
“Senior Manager” means a person performing a senior management function for the purposes of the SMCR;
 
“SMCR” means the Senior Managers and Certification Regime of the FCA, together with any rules or other applicable provisions, as amended from time to time;
 
“SOR” means the written statement of responsibilities for a Senior Manager which will be filed with the FCA.
 
Conditions
If you are a Senior Manager, it is a condition of your employment that:
 
  • you accept and perform your duties as a Senior Manager in accordance with your SOR as amended from time to time. To the extent that you do not receive any information or materials which you reasonably require to carry out these duties, you must raise this immediately with the CCO or CEO;

  • you notify the CCO immediately upon you becoming aware that any aspect of your SOR is incorrect, inaccurate or incomplete;

  • you remain fit and proper to perform your role. This includes accepting and complying with our Fit and Proper Policy (as amended from time to time);

  • the FCA approve your appointment to perform the relevant Senior Manager function and you maintain that approval throughout your employment. In the event that FCA approval granted is subject to conditions, you must satisfy those conditions within the timeframe set by the FCA or by us;

  • you achieve and maintain a suitable standard of competence as a Senior Manager;

  • you complete any appropriate training (in particular, training relevant to your Senior Manager status) within appropriate timescales; and

  • you comply with the both the Individual Conduct Rules and the Senior Manager Conduct Rules (as set out below).
If you are a Certified Person, it is a condition of your employment that: 

  • you will, at all times, hold a current certificate issued by us for your role or for the identified part of your role that requires you to be certified;

  • you remain fit and proper to perform your role. This includes accepting and complying with our Fit and Proper Policy (as amended from time to time);

  • you achieve and maintain a suitable standard of competence as a Certified Person;

  • you complete any appropriate training (in particular, training relevant to your Certified Person status) within appropriate timescales; and

  • you comply with the Individual Conduct Rules (as set out below) insofar as they apply to Certified Persons.

If you are a member of our Conduct Rules Staff it is a condition of your employment that you comply with the Individual Conduct Rules (as set out below) insofar as they apply to you. 

Disclosure
The requirements of the SMCR relating to fitness and propriety are an important protection to ensure that Senior Managers and Certified Persons are suitable to perform their roles. As a Senior Manager or Certified Person, we require you to give full disclosure of all matters relevant to your fitness and propriety to perform your role and to be responsible for the function for which you are appointed. Full details of what you need to disclose are set out in our Fit and Proper Policy. You must continue to disclose to us any relevant matters that arise throughout your employment.
 
Duties (applicable to Senior Managers)
The SMCR requires us to clearly define which Senior Manager has responsibility for particular areas of our business. Senior Managers will be responsible at all times for the areas covered by their SOR. Whilst we encourage teamwork and a co-operative working environment at all levels, including at Senior Manager level, you should not perform any duties or assume any responsibilities that have been allocated to another Senior Manager unless (i) these have also been allocated to you as shared responsibilities, (ii) such responsibilities are temporarily delegated to you (for example due to the temporary absence of the other Senior Manager) or (iii) the CEO requests you to assume those responsibilities (for example on a restructure). We reserve the right to amend your SOR subject to prior consultation with you.

We also reserve the right to appoint any other person or persons to act jointly with you (or, in appropriate cases, in place of you) to ensure we meet our regulatory obligations. If you are a Senior Manager and you become aware that you are likely to be absent for a prolonged period, please inform the CEO and or the CCO as soon as possible so appropriate cover arrangements can be made.

In the event that you will not be performing your duties for a prolonged period (whether due to sickness absence, family leave, garden leave, suspension or otherwise), you will assist us in arranging an appropriate handover to such person(s) as we may nominate to cover your responsibilities while you are absent. This should be done in advance of any absence unless not reasonably possible in which case it must be done as soon as circumstances allow. Such assistance will include the preparation of a clear and comprehensive handover document.
 
Reporting
It is important that you keep the CEO and the CCO informed about the performance of your SMCR responsibilities and any issues that arise in relation to SMCR on an on-going basis.
 
If you discover or become aware of:
 
  • any wrongdoing by yourself or another Citadel (or any member of the Citadel Group’s) employee or director in the course of your or their duties (including, in particular, wrongdoing which goes to fitness and propriety); or

  • any failure by yourself or another Citadel (or any member of the Citadel Group’s) employee or director to comply with the Conduct Rules or standards expect by Citadel of its employees equivalent to the Conduct Rules; 
you must report this promptly to the CEO and the CCO in accordance with the process and timescales set out in the relevant Citadel policy.
 
Citadel’s obligations to report to the FCA and to provide regulatory references for Senior Managers and Certified Persons
By virtue of the SMCR, we:
 
  • are required to notify the FCA of any disciplinary action taken by us for conduct amounting to a breach of the Conduct Rules; and

  • may be obliged to provide regulatory references (covering at least the previous six years) for any of our employees or former employees who are applying for Senior Manager, Board or Certified Person roles at FCA/PRA regulated firms. In any such references we are required to provide all information relevant to the hiring firm’s fit and proper assessment of you as a candidate (including any such matters which may come to light once you have left Citadel).
Obligations upon termination of appointment
Following notice of termination of employment being given by you or us, you must:
 
  • co-operate fully and in good faith to ensure an orderly handover of duties to such person or persons as we may nominate including (as appropriate); and

  • on request assist us or any member of the Citadel Group in any threatened, potential or actual litigation, regulatory proceedings or internal investigation concerning us or them where you have in your possession or knowledge any facts or other matters which we reasonably consider are relevant to such matters (including but not limited to giving statements/affidavits, meeting with the legal and other professional advisers and attending any legal hearing and giving evidence in person on behalf of us or any member of the Citadel Group). You will be reimbursed for reasonable expenses properly incurred by you in giving such assistance, provided that all such sums are approved in advance by us in writing and subject to you providing such receipts or other evidence as we may reasonably require. 
Conduct Rules
 
  First Tier - Individual Conduct Rules
Rule 1 You must act with integrity
Rule 2 You must act with due skill, care and diligence
Rule 3  You must be open and co-operative with the FCA, the PRA, and other regulators
Rule 4 You must pay due regard to the interests of customers and treat them fairly
Rule 5 You must observe proper standards of market conduct
Rule 6 You must act to deliver good outcomes for retail customers
  Second Tier – Senior Manager Conduct Rules
SM1 You must take reasonable steps to ensure that the business of the firm for which you are responsible is controlled effectively
SM2 You must take reasonable steps to ensure that the business of the firm for which you are responsible complies with the relevant requirements and standards of the regulatory system
SM3 You must take reasonable steps to ensure that any delegation of your responsibilities is to an appropriate person and that you oversee the discharge of the delegated responsibility effectively
SM4 You must disclose appropriately any information of which the FCA or PRA would reasonably expect notice
 
Non-Contractual Policies and Procedures
 
Family Leaves
Citadel offers a range of family leave options for its employees which in many cases includes enhanced pay entitlements going beyond the normal statutory rights. Some of the choices and underlying rules can be complicated so if you are unsure about the arrangements that might be best for your family, then please contact HR Benefits.
 
A summary of each type of family leave is set out below. Please refer to the full policies on the Intranet for further details including eligibility and notification requirements and more information about the associated pay and benefits.
 
You are encouraged to notify your manager or HR Benefits as soon as possible that you wish to take leave so that we can make the necessary arrangements to best facilitate this.
 
Maternity Leave
If you are pregnant you are entitled to take up to 52 weeks’ maternity leave. This applies whether you work full-time or part-time and irrespective of how long you have been with Citadel. You are required to take a minimum of 2 weeks maternity leave immediately following the birth. After that it is up to you how much of the remaining 50 weeks you choose to take. Statutory maternity pay is normally payable for up to 39 weeks of maternity leave. Citadel offers enhanced maternity pay for up to 26 weeks (inclusive of statutory maternity pay) subject to eligibility requirements. If you wish to share part of your maternity leave with your partner, please refer to our Shared Parental Leave summary below and the full policy on the Intranet.
 
Adoption Leave
You may be eligible to take up to 52 weeks’ adoption leave where a child is placed with you for adoption.  Statutory adoption pay is normally payable for up to 39 weeks of adoption leave. Citadel offers enhanced adoption pay for up to 26 weeks (inclusive of statutory adoption pay) subject to eligibility requirements. If you wish to share your adoption leave with your partner, please speak to HR Benefits. If your partner adopts a child or is taking adoption leave you may be eligible to take Paternity Leave and/or Citadel Additional Parental Leave instead – these options are summarised below and further details are explained in the full policies on the Intranet.  
 
Paternity leave
You may be eligible to take up to 2 weeks paternity leave if your partner has a baby while you are employed by Citadel. Paternity leave can be taken in a single block of 2 weeks, or 2 separate blocks of 1 week within 52 weeks of birth. Provided you are eligible to receive statutory paternity pay Citadel will top this up to full salary for the two-week period.  If your partner is adopting a child, please speak to a member of HR Benefits as you will have similar rights.  Partners of mothers may be eligible to share the mother’s maternity leave through the Shared Parental Leave scheme and may also be eligible to take Citadel Additional Parental Leave – please see the relevant summaries below and the full policies on the Intranet.  
 
Shared Parental Leave
Shared Parental Leave (“SPL”) is where a mother chooses to convert the balance of her maternity leave into SPL in order to share some or all of the remaining leave entitlement with her partner. SPL can be shared in a number of ways - you and your partner could choose to take a period of SPL at the same time or take it in turns. The maximum period of maternity leave that can be converted to SPL is 50 weeks. Eligible employees may share this leave and up to 37 weeks statutory shared parental pay with their partner. Citadel also offers enhanced shared parental leave pay for up to 26 weeks (inclusive of statutory shared parental pay pay) subject to eligibility requirements. 
 
Citadel Additional Parental Leave
You may be eligible to take 8 weeks of Citadel Additional Parental Leave if your partner has a baby while you are employed by Citadel. If your partner is adopting a child, please speak to a member of HR Benefits as you will have similar rights. Citadel Additional Parental Leave must be taken in two blocks (for example one eight-week block, or two blocks of four weeks). If eligible, you will be entitled to receive Citadel Additional Parental Leave Pay – which is your normal basic salary - for a maximum of 8 weeks. This is inclusive of any statutory pay you might be entitled to. Please note there may be other leave or pay implications when taking this leave so if you’re considering it, please speak to HR Benefits. The advantage of Citadel Additional Parental Leave is that, unlike Shared Parental Leave, it does not require your partner to end the maternity leave period early. 
 
Statutory Parental Leave (unpaid)
You may take up to a total of 18 weeks’ unpaid leave to care for a child if you have been continuously employed by Citadel for a year or longer and you have (or expect to have) parental responsibility for a child under the age of 18. No more than 4 weeks’ leave may be taken in any one year (in blocks of a whole week or a whole number of weeks). Statutory Parental Leave has different entitlements and eligibility criteria to Shared Parental Leave and Citadel Additional Parental Leave. Please refer to the summaries above and the full policies on the Intranet, or speak to a member of HR Benefits for further information.
 
Time Off for Dependant Emergencies (unpaid)
You are entitled to a reasonable amount of unpaid time off for dependant emergencies – for example to provide assistance when a dependant falls ill or a childminder does not turn up. This would typically be for no more than a few days. A dependant includes your spouse, child, parent or a person living with you (but not a tenant or lodger etc) or anyone who is dependent on you for their care and welfare. 
 
Carer’s Leave (unpaid)
You are entitled to 1 week of unpaid leave in any rolling 12-month period to provide or arrange care for a dependant with a long-term care need. Please refer to the full policy on the intranet for further information. 
 
If you need to take short term or emergency time off for dependants, please refer to the Time Off for Dependant Emergencies leave, above.
 
Parental Bereavement Leave Policy
Although we hope that this never happens to any of our employees, we are committed to supporting bereaved parents through their grief following the tragic loss of a child. For those employees who suffer the loss of a child or a child in their care under the age of 18, you may take up to two weeks’ leave within 56 weeks of your bereavement. This includes parents who suffer a stillbirth after 24 weeks of pregnancy. If you are taking parental bereavement leave, you will normally receive full pay for the duration of your absence. Please speak to HR Benefits for further information and about the availability of bereavement counselling.
 
Flexible Work Practices 
Eligible employees have a statutory right to request a change to their working pattern or place of work.  If accepted, this would result in a permanent change to their contract.  If you wish to request to make a temporary change to you working arrangements outside of the formal policy you should speak to your manager or Human Resources to discuss it.
 
Eligibility
All employees are eligible to submit a formal flexible working request.  You are entitled to make two requests in any 12 month period (including requests which have been withdrawn).
 
Process
Your flexible working request should be submitted to your manager in writing and dated. It should:
 
  • state that you are making a formal flexible working request;

  • state whether you have made a previous request and, if so, when; and

  • specify the change requested and the date when you want this change to be effective. 

You are also encouraged to explain what effect, if any, you think making the change would have on your job, your colleagues and our business and how, in your opinion, this effect might be dealt with.

Consideration of your request
Unless your manager is able to agree to your request without further discussion, they will usually hold a meeting with you to discuss it within 21 days of receipt of your application.  You may choose to be accompanied by a colleague at the meeting.  You will be informed of the outcome of your application in writing, and usually within 14 days of the meeting.
 
Appeals
If your request is refused, you may appeal in writing within 14 days of receiving our decision, setting out clearly the reasons for appeal.  If a meeting is necessary to discuss your appeal, you may choose to be accompanied by a colleague at the appeal meeting.  You will be advised of the outcome of your appeal in writing.  
 
Jury Service and Other Public Duties 
You will be allowed time off work to perform jury service.  If, during the period of jury duty, you are not required to attend jury duty during your regularly scheduled work-day, you must report to work during those times.

You must submit to your manager a copy of the summons to appear as a juror as soon as it is received. Proof of service must be submitted to your manager when your period of jury duty is completed.
 
In addition, you will be granted reasonable time off if you undertake any other public duties (including being a member of a public body or authority or if you are a Justice of the Peace). You should try to ensure that you strike a fair balance between the needs of public duty and the requirements of our business. Anyone invited to take up such an appointment should discuss it with their manager and Human Resources
 
Whistleblowing Policy
You are encouraged to bring to the attention of senior management a matter which either: (a) involves any failure to comply with the law or a regulatory requirement or any of Citadel’s rules, regulations or policies; (b) is in your view so serious in nature that it may have a significantly detrimental effect on the well-being of staff, Citadel, a client or the public; or (c) involves the concealment of information relating to (a) or (b). It is immaterial whether the relevant failure occurred in the UK – it is still important that you tell us so we can ensure the appropriate action is taken.
 
What is whistleblowing?
You should raise such concerns in accordance with the procedure set out below, which reflects the provisions set out in the Public Interest Disclosure Act 1998 (which has been incorporated into the Employment Rights Act 1996), the aim of which is to provide protection for whistleblowers and to ensure they are not dismissed and/or do not suffer any detriment because they have raised these concerns. This legislative protection applies where a worker:
 
  • Makes a disclosure of information.

  • Reasonably believes that the information tends to show that one or more of the following had occurred or was likely to occur:

    • A criminal offence.

    • Breach of any legal obligation.

    • A miscarriage of justice.

    • Danger to the health and safety of any individual.

    • Damage to the environment.

    • The deliberate concealment of information about any of the above; and

    • Reasonably believe that the disclosure is “in the public interest” 
It is also necessary for the disclosure to be made to the appropriate person. This will normally mean in the first instance to Citadel (see below for details of who specifically to contact). However, you may also make a disclosure to the FCA where you reasonably believe that the matter falls within the regulator's area of responsibility and that the information and any allegations contained in it are substantially true.
 
How to report a matter
If you have any knowledge of a relevant matter set out above that involves Citadel or an employee or a client, you should immediately raise your concerns about the matter with the General Counsel for Europe. You are free to raise the matter in writing, over the telephone or in person. Where you wish to raise a matter in writing, you should forward a written summary of your concerns to the General Counsel for Europe and the Head of Human Resources for Europe at whistleblowing@citadel-legal.com, who will provide senior management with the appropriate advice on the matters raised and the action that should be taken in addressing your concerns. 
 
If for any reason you feel uncomfortable about raising a matter with the General Counsel for Europe then the table below summarises the alternative options available to you.
 
Dealing with a reported matter
A concern may be raised anonymously. However, on a practical level, it can be difficult to investigate such a concern. We would encourage employees to put their names to allegations, with our assurance of confidentiality where possible, in order to facilitate appropriate follow-up. This will make it easier for Citadel to assess the disclosure and take appropriate action including an investigation if necessary.
 
All matters raised by employees will be promptly investigated and, if appropriate, immediate corrective action will be taken. Where relevant and appropriate, details of the matter may also be shared with the FCA, the police and/or other appropriate authorities.
 
Where requested to do so, we will make all reasonable efforts to ensure that your identity is not revealed to those who might be involved in the matter. We will reveal your identity only where this is reasonably necessary to investigate or deal with suspected malpractice and, if this happens, we will take all reasonable steps to ensure that you are not disadvantaged as a result.
 
Prohibition against retaliation
Employees will not be subject to any recrimination or detrimental treatment by Citadel because they have raised a concern in accordance with this policy. Please note that while you are not expected to prove the truth of an allegation, you must have a reasonable belief that there are grounds for your concern. Victimising or deterring an employee from raising a matter of concern will be regarded as misconduct and may lead to disciplinary action (and may also have implications in regard to that individual’s fitness and propriety). Any employee who feels they have been subject to victimisation as a result of raising a concern or placed under any pressure not to raise a concern should report that fact in writing to Human Resources.
 
Abuse of this policy
This policy is intended to encourage employees to raise genuine concerns. However, any abuse of this policy by raising unfounded allegations maliciously may lead to disciplinary action.
 
External disclosures
The aim of this policy is to provide an avenue within Citadel to deal with concerns or disclosures in regard to wrongdoing. We are confident that issues can be dealt with in-house and we strongly encourage workers to report such concerns internally.
 
We acknowledge that there may be circumstances where an employee wants to make a disclosure externally. However, it is important to note that while you need only have a reasonable belief as to a relevant wrongdoing to make a disclosure internally, if you are considering an external disclosure, different and potentially more onerous obligations apply, depending on to whom the disclosure is made.
 
Where you decide to make an external disclosure, it is important that it is limited to information relevant to the wrongdoing and should not unnecessarily disclose confidential company or confidential commercial information unrelated to the alleged wrongdoing.
 
Policy changes
Changes may be made to this policy and procedure from time to time to ensure Citadel’s approach achieves its objectives and complies with all applicable laws and best practice.
 
Summary Guidance
This Summary Guidance is to be read in conjunction with the full Whistleblowing Policy above.
 
Reporting a matter under the Public Interest Disclosure Act 1998
 
Reporting channel

1. General Counsel for Europe (“General Counsel”)

Process

You may raise the matter in writing, over the telephone, or in person.

Where you wish to raise a matter in writing, you should forward a written summary of your concerns to the General Counsel and Head of Human Resources for Europe at whistleblowing@citadel-legal.com.

If you are uncomfortable raising with the General Counsel:
Reporting channel 2. Raise directly with your Manager or a member of Human Resources
Process Any Manager with whom a matter is raised should report it immediately to the General Counsel on behalf of the employee.

If an employee believes that, having reported such a matter to their Manager, their Manager has done nothing to investigate or escalate their concern then they should report that concern to the General Counsel, the CCO, a member of Human Resources, or to the CEO for Europe.
If you are uncomfortable raising with the General Counsel, your Manager, or a member of Human Resources:
Reporting channel 3. Raise the matter with the Chair of the UK Internal Audit Committee (who is an Independent Non-Executive Director of one of Citadel’s affiliate entities in Ireland)
Process The Chair of the UK Internal Audit Committee can be reached at: whistleblowingindependent@citadel.com
Disciplinary Procedure
We require high standards of conduct and performance from our employees.

Although many concerns about conduct and performance can be handled informally, there will be occasions when this has not worked, or informal discussions are not appropriate. We will normally use this procedure in such circumstances.
 
When using this procedure, our approach may vary. For example, training and review periods are more likely to be appropriate where the concerns are performance-based as opposed to conduct-based.
 
We reserve the right to continue with a disciplinary process notwithstanding the fact that you may have raised a workplace concern in relation to the subject matter of the disciplinary process or otherwise.
 
You may choose to be accompanied at any hearing under this procedure by a work colleague in the UK or an appropriately qualified trade union official. Your companion will be able to address the hearing but may not answer questions on your behalf. If we schedule a hearing at a time when your chosen companion is unavailable, you must suggest an alternative date within five days of the original hearing date.
 
Investigations 
In some cases it will be clear straightaway that holding a hearing under this procedure is appropriate. In other cases, a preliminary investigation may be necessary before deciding whether to hold a hearing. Citadel reserves the right to appoint an external investigator where appropriate. In performance matters, the same manager may perform the role of investigator and decision-maker. In cases of misconduct we would normally aim to keep these two roles separate.
 
Suspension
We may suspend you for whatever period of time is considered appropriate to investigate any aspect of your performance or conduct and/or to follow proceedings in relation to this policy, or for any other reason allowed by law. Suspension does not imply we believe a concern is justified and is not disciplinary action under this procedure. You will normally receive your full pay and benefits during any period of suspension.
 
Notification of hearing
Before holding a hearing, we will set out our concerns in writing. You will be given advance notice of the disciplinary hearing and must take all reasonable steps to attend. If you fail to attend the disciplinary hearing when notified, it may continue in your absence unless there are exceptional circumstances that prevent your attendance.
 
The hearing
At the hearing, you will be given an opportunity to respond to the concerns and present an account of your conduct or performance. The case will be discussed, relevant evidence will be considered and if necessary, the meeting will be adjourned so that further investigation can be undertaken. After the hearing, you will be informed of the decision and notified of your right to appeal.
 
Action under this procedure
If disciplinary action is taken, it will normally take one of the following forms. These will normally be progressive but in appropriate cases one or more of the levels may be omitted or repeated. In particular, where serious performance concerns or fitness and propriety concerns arise for an employee in a regulated role (e.g. a Senior Manager and/or a Certified Person), we may modify the process accordingly. 
 
  • First Written Warning

  • Final Written Warning

  • Dismissal (which may be with or without notice) 
Unless the warning is expressed to be for a shorter or longer period, it will normally be disregarded for disciplinary purposes after 12 months. We may need to make reference to the warning – whether live or expired - and the underlying misconduct or performance issue when providing regulatory references.

In addition, alongside any disciplinary action (if any), there may be circumstances where training, other support or a change in duties or role is appropriate.
 
Gross misconduct
Gross misconduct is conduct which warrants immediate dismissal without any notice or payment in lieu of notice. The following are non-exhaustive examples of conduct which may amount to gross misconduct:
 
  • Committing any substantial and serious breach of your obligations as an employee, including without limitation any material and serious breach of our policies, FCA rules and regulations (including specifically the Conduct Rules) Fitness and Propriety Regime), and the Non-Disclosure, Non-Compete and Non-Solicitation Agreements; or

  • Committing any breach of, or ceasing or failing to comply with, the rules, regulations and standards set out in Section B of the Handbook or the contractual section of this Addendum; or

  • Covert recording of any meeting, hearing or conversation; or

  • Violence, threats of violence or fighting; or

  • Bullying, harassment (including sexual harassment) or victimisation of our (or any member of the Citadel Group’s) employees, clients, or business associates; or

  • Theft, misappropriation, deliberate damage, or destruction to or of property belonging to us or any member of the Citadel Group, or our employees, clients, or business associates (or those of the Citadel Group); or

  • Unreasonable failure to comply with any lawful order or direction, refusal to accept work assignments, or follow reasonable instructions given by your manager, us, or any member of the Citadel Group; or

  • Gross insubordination or interfering or refusing to co-operate with co-workers; or

  • Falsification of our (or a member of the Citadel Group’s) employment records or documents, to include, without limitation, expense claims or request forms; or

  • Offering, promising, giving, requesting, agreeing to receive, or accepting a bribe or inappropriate inducement; or

  • Bringing us or any member of the Citadel Group into serious disrepute; or

  • Conducting yourself in a manner (including conduct outside normal working hours), which in our reasonable opinion, is prejudicial to us or any member of the Citadel Group; or

  • Serious negligence, whether or not that causes or might cause loss, damage or injury, and/or serious breach of health and safety rules; or

  • Being charged with or found guilty of a criminal offence (other than an offence which in our reasonable opinion does not affect your position within our business); or

  • If applicable, having your personal FCA registration withdrawn or revoked or being likely to have this withdrawn or revoked; or

  • Being incapable of working properly during working hours due to the influence of alcohol or non-prescribed drugs, or consuming or giving us reasonable grounds for believing you are consuming the same during working hours.
Appeals
If you wish to appeal against any disciplinary decision you should notify Human Resources in writing within five working days of receipt of the decision. The appeal should indicate the aspects of the decision you are challenging and why. An appeal hearing will normally be scheduled and you must take all reasonable steps to attend. You will be told of the appeal decision in writing. The decision will be final.
 
Modern Slavery 
We do not tolerate forced labour either within our businesses or within our supply chains, and we expect all those who work for us or on our behalf to share our zero-tolerance approach. This forms part of our larger commitment to encourage ethical and social responsibility. Our modern slavery statement is published on our website and should be read in conjunction with this policy.
 
The term ‘forced labour’ used in this section includes slavery, servitude, any type of forced or compulsory labour and trafficking for the purposes of exploitation.
 
We are confident that we employ no forced labour directly within our business, however this will be kept under periodic review. Appropriate personnel working with vendor management and procurement will be trained on the requirements of modern slavery legislation with a view to reducing the risks of forced labour in our supply chain.
 
You are expected to be alert to any indicators of forced labour in our business or supply chain. If you have any concerns regarding the issue of forced labour in any part of our business or supply chain, you should notify your manager or report it in accordance with the Whistleblowing Policy as soon as possible.
Grievance & Workplace Concerns Procedure 
This procedure is designed to help us resolve any workplace concerns raised by employees. If you are dissatisfied with any aspect of your employment, it is often best to try and resolve the matter informally by discussing it with your manager or with Human Resources. If you have a concern that cannot be resolved informally, you should use the following procedure.
 
Notify Human Resources
If you have a concern relating to your employment you must set out in writing the alleged concern and send the written complaint to Human Resources.
 
Hearing
We will invite you to attend a hearing to discuss the matter. You must take all reasonable steps to attend the hearing.
 
You may choose to be accompanied at the hearing by a work colleague in the UK or an appropriately qualified trade union official. If the person you wish to attend the hearing with you is unavailable on the date we propose, you must suggest a reasonable alternative time within five days following the original date of the hearing. You and your companion will be allowed to confer with each other. Your companion may address us at the hearing but will not be allowed to answer questions on your behalf.
 
During the hearing, we will discuss your concerns and you will have an opportunity to explain your views. After the hearing, we will tell you our decision.
 
Appeal
You may appeal our decision. You should direct your appeal to Human Resources, within five working days after you were told of the decision. The appeal should be in writing and detail the aspects of the decision you are challenging and why. We will usually organise a meeting to discuss your appeal. Appeals will normally be heard by a person senior to the manager who conducted the initial hearing. You must take all reasonable steps to attend the meeting. As at the first meeting, you may choose to be accompanied. After the appeal meeting, we will tell you our decision, as soon as is reasonably practicable. This decision will be final and binding.
 
Additional steps
We may take some additional steps where we think this will be helpful, such as holding more than one meeting with you, or adjourning a meeting so that we can carry out further investigations.