Terms and Conditions

Thank you for visiting the Proactive Personnel website (‘the Website’). Proactive Personnel Ltd and Proactive Personnel (West Midlands) Ltd (‘Proactive Personnel’). Registered Offices 8 Limes Walk, Oakengates, Telford, TF2 6EP. Registered in England and Wales numbers 3807344 and 4056480 respectively. The VAT numbers of the companies are 741 5839 20 and 754 416037 respectively.

By accessing the Website, you are agreeing to be legally bound by these terms as modified from time to time. Please read these terms and conditions carefully, if you visit the Website, you are deemed to have accepted them. Should you not agree to the terms, please leave the Website.

Copyright

The contents of this Website (including all texts, graphic elements, logos, buttons, audio clips, software compilations, underlying source code, and all other material) are copyright Proactive Personnel or its licensers unless otherwise stated. The compilation (i.e. the composition, the material, and the structure) of this site's content is protected by copyright. Nothing from this compilation may be reproduced and/or made public by means of print, photocopy, microfilm, or whatever other manner, nor must you link this Website to other sites, without prior written consent from Proactive Personnel. You are also not entitled to alter the content in any way.

Warranty and Indemnity

You warrant that you will abide by these Terms and Conditions and that you will not use the Website, its contents or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.

You agree that you are solely responsible for any information submitted by you to this site, and you warrant that all information supplied by you is true, accurate and up-to-date.  It is your responsibility to ensure that your username and Password is not disclosed to any third party. If you believe that this security information has been compromised in any way you warrant to make us aware of this as a matter of urgency.

You must not under any circumstances seek to undermine the security of the website or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website.

You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this Website.

Links

This website may, from time to time, provide links to other websites.  Such links are used at your own risk and Proactive Personnel accepts no liability for any linked websites.   When you access a website outside the Proactive Personnel Website, please understand that it is independent from the Proactive Personnel website and that Proactive Personnel has no control over the content of that website.   Further, a link to a non-Proactive Personnel website does not mean that Proactive Personnel endorses or accepts any responsibility for the content or the use of such website.   Users must take their own precautions to ensure what is selected for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

Disclaimer

The information on this Website has been compiled with the utmost care. Whilst we use all reasonable efforts to ensure that it is current, accurate and complete at the date of publication, no representations or warranties are made (express or implied) as to the reliability, accuracy or completeness of such information. Except as required by law, Proactive Personnel shall not be liable for any losses or damages whatsoever, whether direct or indirect, and whether in contract, tort (including negligence) or otherwise arising from reliance on information contained in this Website, or from any interruption or delay in access to the Website for whatever reason.

In addition, please note that whilst Proactive Personnel makes all reasonable attempts to exclude viruses from the Website, no warranty is given as to the freedom of the Website (or any information downloaded from it) from errors, defects, viruses or other malicious programs or macros.  We therefore recommended you take all appropriate safeguards before downloading information from the Website.

The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by law.

Governing Law

These terms and conditions of use, and the services provided by Proactive Personnel are subject to English law and to the exclusive jurisdiction of the courts of England and Wales. Website Terms, Modifications and Severability.  Please note that these Terms and Conditions of Use may be amended from time to time, so please ensure that you check them each time you use the Website.

All such changes become effective as soon as they are posted, and your continued use of this site constitutes your acceptance of the terms as modified. Please therefore check these terms each time you use the Website.

We reserve the right to make changes to the website, our policies and these terms and conditions of use at any time.   If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.

Branding

Our Brand Bible provides detailed guidance on using the logo and other images. It has examples of how our brand is used on a range of promotional materials, and all images featured in the Brand Bible are available in a format which enables the user to copy them into their own document.  All external organisations must gain approval of the material before going to print.  A proof of the artwork must be sent to jenny.boyle@proactivepersonnel.net for approval in advance of use together with the Proactive Personnel Branding Usage Request Form.

Complaints Procedure

We are dedicated to providing a high quality, accessible and responsive service to our workers and clients. However, if you think that things have gone wrong or we have failed to meet the standards of service you expect then please make us aware of your problem or concern.

Please let us know when:

  • You are not satisfied with the standard of service you have received;
  • You have not received a service you think should be available to you; or
  • You feel that you have not been treated with politeness and respect.

We do take all problems and concerns seriously and while it is not possible to please everyone all of the time we will listen and do everything possible to deal with your complaint. We will always explain the reasons for our actions.

As a company we encourage comments and feedback at any time.

What steps to take?

Explain the problem or concern, either verbally or in writing, to the member of staff with whom you are dealing, as they may be able to resolve the matter for you quickly. Please make sure they understand your complaint properly and what you think should be done to put things right.

If you are still unhappy with the situation then either write to or ask to see the Branch Manager, Partner or Director at the office you are dealing with.
When you do so please provide the following information: -

  • The part of the company that is relevant to your complaint, and the name(s) of the member(s) of staff with whom you have been dealing in relation to the matter (if known);
  • A clear description of the complaint and what you would like to be done to resolve the matter;
  • Your full postal address and telephone number (and email if you have one).

If neither of these people have been able to resolve your complaint and you still feel aggrieved then you should appeal to the Director at the office you are dealing with.

If you are uncertain about whom to speak to or write to then you should contact Kerry Chapman, Regional Director for information or advice on Tel: 01743 360360 or email: kerry.chapman@proactivepersonnel.net.

What will happen when you make a complaint?

If we are unable to resolve your complaint immediately we will:

  • Write to you within 5 working days of receipt to tell you
    • What we understand to be the nature of the complaint;
    • How we will deal with your complaint and how long it is likely to take;
    • Who is responsible for dealing with your complaint; and
    • How we will keep you informed of progress.
  • Give you a full written answer within 28 working days of receipt of the complaint, or sooner if possible.
  • If we cannot give you an answer within 28 days we will explain why and give a new deadline.

 

WHISTLEBLOWING POLICY

INTRODUCTION

Proactive Personnel is committed to conducting its business with honesty and integrity and aims to achieve the highest possible standards of service and ethical standards in all of its practices.

We expect all staff to maintain the same high standards too; however, all organisations face the risk of things going wrong and sometimes malpractice and wrongdoing can take place. We take malpractice and wrongdoing very seriously and aim to prevent and eliminate any wrongdoing or malpractice within the organisation. 

We therefore encourage all staff to raise any concerns they may have about malpractice or wrongdoing within the organisation freely and without fear of suffering a detriment or dismissal to enable us to eliminate and prevent wrongdoing or malpractice within the organisation.

We will treat any concerns raised seriously and will protect and support any individual who makes a disclosure in line with this policy.

This policy does not form part of any contract; Proactive Personnel reserves the right to amend this policy at any time without prior notice.

WHO CAN RAISE A CONCERN UNDER THIS POLICY?

2.1          This policy applies to all current and former employees, workers, officers, consultants, contractors of our business, including home workers, trainees, apprentices, agency workers, casual workers and limited company contractors.

2.2          No qualifying length of service is required in order to raise a concern under this policy.

WHEN TO USE THIS POLICY

3.1          This policy should be used to report concerns of malpractice or wrongdoing in relation to our organisation’s activities where you have information which you reasonably believe tends to show one or more of the following:

that a criminal offence has been committed, is being committed or is likely to be committed or

that a person has failed, is failing or is likely to fail to comply with any legal obligation to which he or she is subject or

that a miscarriage of justice has occurred, is occurring or is likely to occur; or

that the health or safety of an individual has been, or is being or is likely to be endangered; or

that the environment has been, is being or is likely to be damaged; or

that any of the above malpractices have been, are being or are likely to be deliberately concealed.  This applies whether the malpractice has already occurred, is currently in progress, or is likely to happen in the future. 

3.2          You must reasonably believe that the disclosure is being made in the public interest.

3.3          It doesn’t matter if you are mistaken about your concern but you must have information that tends to show some malpractice or wrongdoing rather than an opinion or a feeling.

DISCLOSURES THAT ARE NOT COVERED BY THIS POLICY

4.1          You will not qualify for protection under this policy if you commit an offence in making the disclosure, or if you disclose a matter that is subject to legal, professional privilege (for example, correspondence between Proactive Personnel and our lawyers regarding a specific case).

4.2          If your concern relates to your own treatment as an employee of Proactive Personnel including personal circumstances at work, you should raise it under our grievance procedure instead, unless you reasonably believe that the matter is in the public interest.

4.3          If your concern relates to your own treatment or personal circumstances at work but you are not an employee of Proactive Personnel, you should use our complaints procedure instead of the grievance procedure.

Our complaints policy is available upon request.

4.4          If you wish to raise a concern of suspected malpractice or wrongdoing in relation to a hirer’s activities you may need to raise the concern directly with the hirer instead.

4.5          Any other concerns about our services generally which are not related to the types of wrongdoing or malpractice covered by this policy should be raised using our complaints policy instead.

HOW TO RAISE A CONCERN

5.1          If you have any concerns of the types of malpractice or wrongdoing covered by this policy, you should in the first instance make a disclosure to your immediate superior. Agency workers should disclose concerns to the consultant who is responsible for managing their assignment. 

5.2          If, for any reason, you feel that you cannot tell your immediate superior, or in the case of an agency worker the consultant responsible for managing your assignment, you should raise the issue with the Branch Manager of the current branch you are working through.

5.3          If you have made a disclosure and are still concerned, or the matter is so serious that you feel you cannot discuss it with either of the above, you should raise your issue with a Company Director.

5.4          A disclosure of a concern can be made by telephone, in person or in writing (including by email). However, it is preferable for the disclosure to be made in writing so that we can keep an exact record of your concern.

5.5          You are not expected to prove the truth of your concern beyond reasonable doubt or provide any evidence; however, you will generally need to provide the following information as a minimum:

the nature of the concern;

why you believe it to be true;  

the background and history of the concern; and

relevant dates where possible.

5.6          You can raise any concerns anonymously; however, we encourage you to give your name when reporting your concern wherever possible because it may be more difficult for us to protect your position or give you feedback on the outcome of investigations if you choose to remain anonymous.

 5.7         You may wish to consider discussing your concern with a colleague before raising it formally under this policy. You can also choose to raise a concern under this policy alone or with a colleague; however, it is in the interests of all parties to maintain confidentiality once you have raised a formal concern.  

HOW WE RESPOND TO CONCERNS RAISED UNDER THIS POLICY

We are committed to ensuring that all disclosures raised in accordance with this policy will be dealt with objectively, consistently, fairly and professionally.

We will take the time to listen to any issues raised and arrange a meeting as soon possible to discuss your concern (unless the concern has been raised anonymously). The aim of the meeting will be to establish the background and facts in order to help us decide whether and how to carry out any subsequent investigation. We may ask you for further information about the concern raised, either at this meeting or at a later stage.

You may bring a colleague to any meeting that takes place. The companion must respect the confidentiality of the disclosure and any subsequent investigation.

Any concerns you raise in line with this policy will be recorded in our Personnel Department.

After the meeting, we will decide how to respond. This will usually involve making internal enquiries in the first instance, but it may be necessary to carry out an investigation at a later stage which may be formal or informal depending on the nature of the concern raised. We will endeavour to complete investigations within a reasonable time.

We will keep you informed of the progress of the investigation as it is carried out and when it is completed, and give you an indication of the timescale for any actions or next steps that we may take. We cannot inform you of any matters that would breach any duty of confidentiality owed to others.

We will consider any concerns raised anonymously at our discretion, taking into account factors such as the seriousness of the issue raised, the credibility of the concern and the likelihood of confirming the allegation from other sources. However, concerns that are expressed completely anonymously are much less powerful and are difficult to investigate. It may also be difficult for us to provide you with feedback if you cannot be contacted.

If disciplinary or other proceedings follow the investigation, we may need to ask you to come forward as a witness to help us take appropriate action to end the wrongdoing.

CONFIDENTIALITY

7.1          All concerns raised will be treated as confidential and every effort will be made not to reveal the identity of any individual who raises a concern. Unless the law requires otherwise, we will only make disclosures to third parties or other staff with your consent.

RAISING YOUR CONCERN EXTERNALLY (EXCEPTIONAL CASES)

8.1          The main purpose of this policy is to give all our staff the opportunity and protection they need to raise concerns internally. We would expect that in almost all cases raising concerns internally would be the most appropriate course of action in order to resolve the issue.

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8.3          We strongly encourage individuals to seek appropriate advice before reporting a concern to an external person. Public Concern at Work is a leading independent charity whose main objective is to promote compliance with the law and good practice in the public, private and voluntary sectors. They are a source of further information and advice and operate a confidential helpline. ACAS also operate   a free confidential helpline that you can contact for advice. The contact details for both organisations are set out in the information and contacts section under paragraph 10 below.

PROTECTION AND SUPPORT FOR THOSE RAISING CONCERNS

9.1

We hope that all staff will feel able to voice their concerns freely under this policy.

Proactive Personnel is committed to good practice and high standards and to being supportive of staff who raise genuine concerns under this policy, even if they turn out to be mistaken.

Any individual raising a genuine concern must not suffer any detriment as a result of doing so. If you believe that you have suffered such treatment, you should inform your Branch Manager or a Company Director immediately.

Proactive Personnel will not tolerate any harassment or victimisation of individuals who raise concerns about wrongdoing or malpractice in the workplace.  No member of staff may threaten or retaliate against an individual who has raised a concern. Any person involved in such conduct may be subject to disciplinary action.

To ensure the protection of all our staff and the integrity of our business, those who raise a concern frivolously, maliciously and/or for personal gain and/or make an allegation they do not reasonably believe to be true and/or not made in the public interest may also be subject to disciplinary action.

If you are not happy with the way in which a matter has been addressed or dealt with you should raise it formally using our complaints procedure. Employees of Proactive Personnel can use our grievance procedure to address the issue instead.

FURTHER INFORMATION AND CONTACTS

10.1      If you have any queries about the application of this policy, please contact Personnel Department the first instance.

10.2      Public Concern at Work is a source of further information and advice. It also provides a free helpline offering confidential advice on 020 7404 6609. Further information is available on their website at www.pcaw.co.uk.

10.3      The Advisory, Conciliation and Arbitration Service (ACAS) also has a free helpline that you can contact for further advice. The ACAS telephone number is: 0300 123 1100 and the helpline is open Monday to Friday from 8am to 8pm and Saturday from 9am to 1pm.The website can be found here: www.acas.org.uk.