This document sets out how Stockwell Safety will manage its Health & Safety responsibilities as required by the Health and Safety at Work etc. Act 1974. Copies will be made available to all employees/associates/students as appropriate.
Stockwell Safety will manage Health & Safety by:
- Identifying and assessing risks to which people, including students, will be exposed, and arranging and introducing specific measures to reduce these risks.
- Building, adopting and reviewing a body of safe working practices, safety precautions and accident prevention procedures.
- Providing sufficient skilled supervision, relevant instructions and appropriate training to all levels, in both health and safety and job specific skills.
- Providing a safe, healthy working environment, and learning environment, with suitable welfare and first aid arrangements.
- Encouraging staff/associates to contribute their own ideas for new and improved safety procedures.
We require organisations working for, or with us, to have in place and to implement suitable and sufficient health and safety procedures in accordance with the appropriate statutory provisions.
We will collect and analyse information on accidents; dangerous incidents and ill health. Any such incident will be investigated and the outcomes shared, and used to prevent recurrence and improve practice.
This Health and Safety at Work Policy will be regularly monitored and updated to take account of legislative and/or organisational changes and Stockwell Safety will ensure the annual review of this policy contains proposals for the improved management of safety.
This statement should be read by, and/or made available to – in whatever manner is most appropriate – all persons, students, organisations who are affected by Stockwell Safety’s undertaking.
Stockwell Safety will not discriminate on the grounds of sex, race, colour, nationality, national or ethnic origin, marital status, sexual orientation, age, disability, political or religious belief.
Stockwell Safety believes that all learners have the right to be treated with dignity and respect and will not condone or permit harassment or discrimination.
Stockwell Safety is committed to Equal Opportunities by taking positive action to:
- Comply with the requirements of equalities legislation currently in force and monitoring for any future revisions.
- Promote practices and procedures that give Equal Opportunities to everybody who wish to participate in our courses.
- Consider the needs of all potential learners when delivering courses to minimise any later need to make reasonable adjustments for learners with particular requirements.
- Guarantee fair assessment for all learners, including those with particular assessment requirements.
- Only use publications and material produced by regulated awarding bodies, or directly by Stockwell Safety and that are free from bias.
- Promote the principles of diversity and accessibility.
- Monitor and review our policy on a regular basis, taking into account all changes to current legislation.
Stockwell Safety needs to gather and use certain information about individuals. These can include customers, students, suppliers, business contacts, associates and other people the organisation has a relationship with or may need to contact. This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards — and to comply with the law.
Why this policy exists
This data protection policy ensures Stockwell Safety:
- Complies with data protection law and follows good practice
- Protects the rights of associates, customers, students and partners
- Is open about how it stores and processes individuals’ data
- Protects itself from the risks of a data breach
Data protection law
The Data Protection Act 1998 describes how organisations must collect, handle and store personal information.These rules apply regardless of whether data is stored electronically, on paper or on other materials.To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.The Data Protection Act is underpinned by eight important principles. These say that personal data must:
- Be processed fairly and lawfully
- Be obtained only for specific, lawful purposes
- Be adequate, relevant and not excessive
- Be accurate and kept up to date
- Not be held for any longer than necessary
- Processed in accordance with the rights of data subjects
- Be protected in appropriate ways
- Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection
People, risks and responsibilities
This policy applies to:
- All partners and associates of Stockwell Safety
- All contractors, suppliers and other people working on behalf of Stockwell Safety
- All learners who have engaged with Stockwell Safey
It applies to all data that the company holds relating to identifiable individuals, even if that information technically falls outside of the Data Protection Act 1998. This can include:
- Names of individuals
- Postal addresses
- Email addresses
- Telephone numbers
- any other information relating to individuals
This policy helps to protect from some very real data security risks, including:
- Breaches of confidentiality. For instance, information being given out inappropriately.
- Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
- Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.
Everyone who works for or with Stockwell Safety has some responsibility for ensuring data is collected, stored and handled appropriately. Each person that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.
The only people able to access data covered by this policy should be those who need it for their work. Data should not be shared informally. Strong passwords must be used and they should never be shared. Personal data should not be disclosed to unauthorised people, either within the company or externally. Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
- When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it. These guidelines also apply to data that is usually stored electronically but has been printed out for some reason.
- When not required, the paper or files should be kept in a locked drawer or filing cabinet.
- Data printouts should be shredded and disposed of securely when no longer required.
- When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
- If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
- Data should only be stored on designated drives and servers, and should only be uploaded to an approved cloud computing services.
- Servers containing personal data should be sited in a secure location, away from general office space.
- Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
- All servers and computers containing data should be protected by approved security software and a firewall.
Personal data is of no value to unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft.
- When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
- Personal data should not be shared informally.
- Personal data should never be transferred outside of the European Economic Area.
The law requires to take reasonable steps to ensure data is kept accurate and up to date. The more important it is that the personal data is accurate, the greater the effort should put into ensuring its accuracy. Data will be held in as few places as necessary. Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
Subject access requests
All individuals who are the subject of personal data held by are entitled to:
- Ask what information the company holds about them and why.
- Ask how to gain access to it.
- Be informed how to keep it up to date.
- Be informed how the company is meeting its data protection obligations.
If an individual contacts the company requesting this information, this is called a subject access request. Subject access requests from individuals should be made by email, addressed to firstname.lastname@example.org. Individuals will be charged £10 per subject access request. Stockwell Safety will aim to provide the relevant data within 14 days. Stockwell Safety will always verify the identity of anyone making a subject access request before handing over any information.
Disclosing data for other reasons
In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject. Under these circumstances, Stockwell Safety will disclose requested data. However, the we will ensure the request is legitimate, seeking assistance from legal advisers where necessary.
Stockwell Safety aims to ensure that individuals are aware that their data is being processed, and that they understand:
- How the data is being used
- How to exercise their rights
A student wishing to complain about the service they have received from Stockwell Safety must do so by sending an email to email@example.com. Alternatively, they can write to us at Stockwell Safety, 23 Townfields, Knutsford, WA16 8DR.
Complaints should be accompanied by an appropriate level of information to substantiate the complaint.
We will respond to all complaints within 24 hours and aim to conclude investigations into the circumstances of a complaint within 14 days.
Complaints will be investigated by a person independent of the area to which the complaint relates and will be kept confidential.
If the student is dissatisfied with the outcome of the Stockwell Safety investigation into their complaint, they may appeal to Stockwell Safety within 14 days of receipt of notification of the outcome of their original complaint. The procedure for appeal is the same as the procedure for raising the original complaint.
If the student remains dissatisfied with how their complaint has been handled, they may appeal directly with the relevant accreditation body. Details on how to do this will be available on the relevant accreditation body’s website.
A learner wishing to complain about an examination and/or assignment result must do so my sending an email to: firstname.lastname@example.org
Complaints must be received within 14 days of the examination/assignment result being sent to the learner. Complaints must be accompanied by an appropriate level of background information to substantiate the complaint, such as a comprehensively annotated copy of the work (this should be scanned and attached to the email).
If after consulting with the Nominated Tutor, the Centre Contact is satisfied that no prima facie case is established, the learner will be notified in writing of that decision.
The learner will be able to appeal against this decision on the grounds of one or more of the following criteria:
- a reasonable belief that the case was not dealt with in accordance with the policy and procedures;
- a reasonable belief that the evidence has been misinterpreted;
- further evidence that changes the basis of the decision coming to light ;
- a reasonable belief that the outcome is not in line with the guidelines or procedure.
Appeals can be made by sending an email outlining the grounds for the appeal to: email@example.com
If after consulting with the Nominated Tutor, the Centre Contact is satisfied that there are grounds for the complaint, the Centre Contact will make the necessary amendments to the original mark awarded and inform the learner of the outcome of the complaint.
- Interpretation and Definitions
1.1 The following expressions shall have the following meanings :-
1.1.1 “The Company” means Stockwell Safety.
1.1.2 “The Client” means the client specified in the Quotation and/or Invoice or the booking form.
1.1.4 “The Quotation and/or Invoice” means the written Quotation and/or Invoice for the performance of training services as may from time to time be amended by the written agreement of the parties.
1.1.5 “The Services” means the courses as detailed on our website(s) and in the Quotation and/or Invoice.
1.1.6 “The Working Day” means a day (other than Saturday or Sunday) on which banks open for a full range of banking transactions.
1.1.7 The headings to these Conditions are for guidance only and shall not affect the construction of the Contract. The singular shall include the plural and vice versa.
1.1.8 Written communication includes emails.
1.2 Where there is any conflict or inconsistency between the provisions of the Contract, such conflict or inconsistency shall be resolved according to the following order of priority:
1.2.1 the Quotation and/or Invoice;
1.2.2 these terms;
Each acceptance of an Quotation and/or Invoice or booking form for Services will be deemed to be an offer by the Client to purchase Services in accordance with the Quotation and/or Invoice and upon these Terms and Conditions. The Contract is formed when the order is accepted by the Company by way of a written acknowledgment of order. No contract will come into existence until a written acknowledgement of order is issued by the Company.
The quantity and description of the Services will be as set out in the Quotation and/or Invoice. All samples, drawings, descriptive matter specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services represented by or described by them and the Company reserves the right to alter the content, timing, venue and format of the Services.
4.1 The Client agrees to pay the fees and expenses at the rates and in the manner set out in the Quotation and/or Invoice. VAT is not included and will be charged at the standard rate and shall be payable by the Client in addition.
4.2 Invoices will be submitted by the Company as provided in the Quotation and/or Invoice or on receipt of a booking form and shall be paid by the Client within 30 days of the date of the invoice.
4.3 In the event of late payment for whatever reason and without prejudice to its other rights and remedies, the Company shall have the right:-
4.3.1 to suspend any further performance of the Services for such period as the Company feels fit including where appropriate the issuing of any exam results;
4.3.2 to charge interest on all outstanding monies due from the client to the Company at the rate of 4% above the The Bank of England base rate from the date of the invoice to the date of payment.
4.4 Travel and subsistence costs incurred by the Company or its representatives during the performance of the Services shall be for the account of the Client and shall be paid as soon as reasonably practicable following request.
4.5 If the performance of the Services is suspended or cancelled at the request of the Client or delayed through any failure or delay by the Client in providing information under clause 7.1 below then the Company shall be immediately entitled to payment
4.5.1 Services already performed or provided by the Company; and
4.5.2 The cost of the training Services based on the following sliding scale of fees:-
- Cancellation within 5 Working Days – 100% of fees.
- Cancellation within 10 Working Days – 90% of fees.
- Cancellation within 15 Working Days – 75% of fees,
- Cancellation within 20 Working Days – 50% of fees;
- Cancellation within 21 or more Working Day – 0% fees; or
4.5.3 The amount payable for cancellation of training Services as indicated in the terms on the Company’s standard booking forms for those services.
4.6 All payments to be made by the Client under the Contract will be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim.
4.7 A full refund is available for online course within 14 days of the date of the Contract providing you have not logged into the LMS.
5.1 The Company shall use its reasonable endeavours to comply with any date(s) for completion of the Services provided that such date(s) shall not be binding. Failure to comply with such date(s) shall not constitute a breach of contract nor (for the avoidance of doubt) will the Company have any liability to the Client for direct, indirect or consequential loss (all three of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in performance except as set out in this condition and in no case shall delay be a ground for rejecting the Services or otherwise rescinding the contract.
5.2 Subject to clause 5.1. if expedited performance of the Services is required by the Client, the additional costs incurred by the Company may be charged to the Client in addition.
5.3 All open courses are run, subject to demand, therefore if a course is cancelled by the Company, transfer to an alternative date will be offered to the Client. If a booking is cancelled or deferred by the client, the Company reserves the right to apply the charges specified in clause 4.5.2.
5.4 The Company reserves to right to alter the content, lecturers, timing and venue of the open courses for reasons beyond their control.
5.4 The Company warrants to the Client that the Services will be provided using reasonable skill and care.
- Warranties and Liability
6.1 In the event of any breach of the Company’s express obligations under these Terms and Conditions the remedies of the Client will be limited to damages, which in any event shall not exceed the fees and expenses paid by the Client for the Services.
6.2 The Company shall be under no liability to the Client for any infringement or alleged infringement of any patents, registered designs, copyright and any other intellectual property rights owned or controlled by a third party arising out of or in connection with the Services or the manufacture, sale and use of any prototype or any Goods supplied pursuant to performance of the Services.
6.3 The Company does not exclude its liability (if any) to the Client :
6.3.1 for breach of the Company’s obligations arising under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982;
6.3.2 for personal injury or death resulting from the Company’s negligence;
6.3.3 under section 2(3) Consumer Protection Act 1987;
6.3.4 for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or
6.3.5 for fraud.
6.4 The Company shall be liable to the Client for damage to property if such damage is caused directly by the Company’s negligence or of any person for whose acts it is responsible save that its liability under this clause shall be limited to the lesser of the direct costs of replacement or repair of the damaged property of the sum of £500,000 per incident or series of incidents arising out of the one event.
6.5 It is hereby agreed by the Client that the Company shall in no circumstances be liable to the Client for direct, indirect or consequential loss (all three of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in
performance except as set out in this clause 6 and in clause 5.1.
6.6 Except as set out in clauses 5.1 and 6.1 – 6.5, the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Client.
- Clients Obligation
7.1 The Client agrees to give the Company such information advice and assistance relating to the Services as the Company may reasonably require within sufficient time to enable the Company to perform the Services in accordance with the Quotation and/or Invoice.
7.2 The Client shall be responsible to the Company for ensuring the accuracy of any information submitted by the Client.
7.3 The Client shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Company’s use of the Client’s information.
7.4 The Client shall indemnify the Company against all claims, actions, losses, damages, costs and expenses incurred by the Company arising from or due to the negligence of the Client its servants or agents.
7.5 Any property supplied to the Company by or on behalf of the Client shall be held and worked upon by the Company at the Client’s risk. The Company shall not be liable for any loss or damage to any such property.
7.6 The Client shall comply with all applicable Health and Safety legislation and regulations in respect of any employee of the Company or self-employed person engaged by the Company to provide the Services whilst such person is working on the Client’s premises and the Client shall provide the Company with such information as is necessary to enable the Company to comply with all applicable Health and Safety legislation and regulations in respect of that person.
- Computer Software
If as part of the Services the Company is required to develop for the client a computer software program and any manuals and other computer documentation the Company shall enter into a licence agreement with the Client for the use of such computer program and computer documentation and in the event that the terms and conditions of such licence shall conflict with these conditions, the terms of such licence, to the extent of the conflict, shall prevail.
- Intellectual Property Rights
9.1 Copyright in all original drawings, designs, course materials, Quotation and/or Invoices, reports and other recorded matter whether made in connection with the Quotation and/or Invoice, and/or the Services or otherwise shall remain vested in the Company at all times.
9.2 No part of any course materials, consultancy reports, management systems or any other materials provided by the Company may be reproduced or transmitted in any form or by any means or stored in any retrieval system of any nature without prior permission, except as it may be permitted to do so by law.
9.3 Unless otherwise agreed in writing ownership of all inventions discoveries and improvements thereto which arise in connection with the Quotation and/or Invoice and/or the Services shall vest in the Company.
10.1 All drawings and technical information supplied by the Client to the Company and all information supplied by the Company to the Client shall be deemed to have been furnished in confidence for the purpose authorised by the Quotation and/or Invoice or
acknowledgement of order and no other. The recipient party shall take all reasonable precautions to prevent communication of any such information to any of its employees or to any third party except as may be necessary in order to carry out the purpose
of the Quotation and/or Invoice. If disclosure to an employee or a third party is necessary for such purposes then such employee or third party shall be required to observe the same confidentiality obligation as the recipient party.
10.3 The obligations of confidentiality and non-publication contained in Clauses 11.1 and 11.2 shall not apply to any information which:-
10.3.1 is in or entered the public domain other than by virtue of the recipient’s act or omission;
10.3.2 is known to the recipient at the time of the disclosure to the recipient provided that the recipient produces to the other satisfactory evidence of the same within 14 days of such disclosure;
10.3.3 is required to be disclosed by the recipient by a court of competent jurisdiction.
11.1 The Company may by written notice terminate the Contract immediately if the Client is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has a like effect. Failure to pay any sums due in accordance with clause 4.2 is a material breach of the terms of the Contract which is not capable of remedy.
11.2 The termination of the Contract howsoever arising is without prejudice to the rights, duties and liability of either the Client or the Company accrued prior to termination. The conditions which expressly or impliedly have effect after termination will continue to be in force notwithstanding termination.
- Restrictive Covenants
12.1 The Client agrees that it will not during the Relevant Period, without the prior written consent of the Company whether directly or indirectly, and whether alone or in conjunction with, or on behalf of any other person and whether as a principal, shareholder, director, employee, agent, consultant, partner or otherwise solicit, induce or entice away from the Company or employ, engage or appoint in any way cause to be employed, engaged or appointed a Critical Person whether or not such a person would commit any breach of his or her contract of employment or engagement by leaving the service of the Company.
12.2 For the purposes of Clause 12.1 above:
“Critical Person” means any person who is an employee, agent, director, consultant or independent contractor employed, appointed or engaged by the Company at any time within the Relevant Period who delivers to the Client any health, safety and environmental training or provides consultancy/advisory services or such other person, who is an employee, agent, director, consultant or independent contractor, who by virtue of their knowledge, seniority and/or expertise is likely to be able to assist or benefit the business of the Client to the detriment of the Company. “Relevant Period” means a period during this Agreement
and for the period of 6 months immediately after the termination of this Agreement for whatever reason.
12.3 In the event that the Client employs, engages, appoints or in any way causes to be employed, engaged or appointed a Critical Person during the Relevant Period, the Client shall pay to the Company a fee of £35,000 by way of liquidated damages to compensate the Company’s losses it suffers as a result within 30 days of such employment, engagement or appointment.
- Force Majeure
The Company shall not be liable to the Client for any loss or damage suffered by the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Services to be performed or the goods to be supplied, if failure was due to any cause beyond the Company’s reasonable control including without prejudice to the foregoing Act of God, explosion, flood, tempest, fire or accident, wars or threat of war, sabotage, insurrection, an act of terrorism, civil disturbance or requisitions, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery, and power failure or breakdown in machinery.
14.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
14.2 If any condition or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective, without, as far as is possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.
14.3 No failure or delay by the Company to exercise any right, power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
14.4 The Company may assign, delegate, license, hold on trust or sub-contract all or any part of its rights or obligations under
14.5 The Contract is personal to the Client who may not assign, delegate, license, hold on trust or sub-contract all or any of its rights or obligations under the Contract without the Company’s prior written consent.
14.6 The parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
These conditions together with the Quotation and/or Invoice and the Company’s standard forms shall be governed and construed in accordance with the Laws of England and Wales.
16.1 All communications to the Company shall be addressed to Stockwell Safety at the address of the Company set out in the Quotation and/or Invoice.
16.2 All communications to the Client shall be sent to the address appearing in the Quotation and/or Invoice or on the booking form unless some other address has been notified in writing to the Company.
- Variation of Conditions of Contract and Quotation and/or Invoice
Any variation to the Quotation and/or Invoice or the Terms and Conditions of the Contract and any representations about the Services shall have no effect unless expressly agreed in writing (on the Company’s headed paper) and signed by a director of the Company.
- Entire Agreement
These conditions together with the Quotation and/or Invoice or the Company’s standard booking form shall form the entire agreement between the Company and the Client. These conditions shall supersede and prevail over terms and conditions sought to be imposed by
the Client provided that this shall not exclude any liability which the Company would otherwise have to the Client in respect of any statements made fraudulently by the Company prior to the date of the Quotation and/or Invoice.