Grievance Policy
Purpose of the Grievance Policy
This Grievance Policy aims to ensure employees that have any problems, complaints or concerns raised by employees of Recruit Mint Ltd (‘the Company’) are dealt with in a fair, timely, and consistent manner.
The following should be raised in line with this Grievance Policy:
- Work, working conditions, pay and benefits, and working hours
- Discrimination on the grounds of race, sex, sexual orientation, religion, disability, age, gender reassignment, marital status or ethnic origin
- Treatment by colleagues including harassment or bullying
- Health and Safety or a breach of statutory employment rights
- Any other issue affecting their employment
Informal Grievance Procedure
Employees should, if possible, discuss the grievance or complaint with their manager on an informal basis in the first instance. The manager will then discuss the concerns with the employee and attempt to resolve the matter.
Where it is not possible to discuss the grievance or complaint with their manager, the employee should speak with another Director.
Where the informal procedure is used, both parties should keep a written record of the communication, what was discussed and the action proposed.
If the grievance has not been resolved, or cannot be resolved informally, the matter should then be dealt with using the Grievance Policy procedure.
Formal Grievance Procedure
Stage 1 – Written Statement
The employee must send a written statement with details of the nature of the grievance to their manager. Where it is the appropriate manager as the subject of the Grievance, the employee should send the written statement to a manager of equal or greater seniority.
Stage 2 – Grievance Meeting
After receiving the written statement, the appropriate manager will arrange a formal meeting to discuss the grievance. This will be arranged without unreasonable delay and usually no longer than 5 working days of the date the grievance had been received.
The appropriate manager must have had a reasonable opportunity to consider a response to the grievance before the meeting is to take place.
The manager should gather the facts by collecting relevant documents and interview and produce statements from relevant people as soon as possible. Any requests to remain anonymous and confidentiality should be taken seriously.
If requested, the employee can be accompanied by a colleague, a certified union representative or an official employed by a trade union. This companion however, may not answer questions on the employee’s behalf.
If possible, the employee should explain how they think the grievance should be resolved. If a full investigation is required, the meeting should be adjourned to a later date before a decision is taken about how to deal with the employee’s grievance.
Stage 3 – Outcome of Meeting
Following the meeting and investigation (where applicable), the appropriate manager shall create a written reflection of the intentions to be taken in order to resolve the grievance which has been decided from the meeting. Any action that is taken should be monitored and reviewed to ensure that the issue is dealt with effectively and efficiently.
The appropriate manager should also inform the employee of their right for an appeal if they are not satisfied with the final actions that have been decided.
Stage 4 – Appeal
If the employee believes that their grievance has not been resolved, they have the right to appeal.
This appeal must state the grounds for the appeal in writing and submitted to the appropriate manager within 5 working days of receiving confirmation as to the outcome of the grievance meeting.
Within a reasonable time from receiving the written request for an appeal, the appropriate manager will then arrange a meeting that will discuss the appeal. The employee will be informed of the time and place of this meeting.
The employee has the right to be accompanied at the appeal meeting where a new resolution can be discussed where appropriate. A written response from the appeal meeting will be communicated to the employee with 5 working days of the meeting with details of the outcome decided. The decision at this point of the process is final and the grievance procedure will be concluded.
Confidentiality
All grievances will be handled to a high degree of confidentiality unless disclosure is actively agreed by the employee
Records of the grievance will be kept in the employee’s personal file in accordance with the Data Protection Legislation.
Copies of communication throughout the procedure will be kept and also given to the employee. The Company have the right to withhold any confidential information provided (eg supplied by a witness for protection).
Exceptional Cases
- Where a grievance is raised during the time of a disciplinary action, the disciplinary process may be suspended in order to deal with the grievance first
- Where there are numerous grievances, this procedure will be used individually, not for collective grievances
All company property must be returned on the termination of your employment. Failure to return Company items will result in the monetary value of the items being deducted from any money outstanding to the employee.
2. THE CONTRACT
2.1
2.2
2.3
2.4
These terms of business and the attached Schedule(s) (“the Terms”) constitute the contract between the Agency and the Client for the Introduction of permanent or contract staff (to be engaged directly by the Client) and are deemed to be accepted by the Client by virtue of an Introduction or the Engagement of a Candidate, or the passing by the Client of any information about a Candidate to any third party following an Introduction.
These Terms contain the entire agreement between the parties and unless otherwise agreed in writing by Aaron Bowes the Agency, these Terms prevail over any other terms of business or purchase conditions (or similar) put forward by the Client.
No variation or alteration to these Terms shall be valid unless the details of such variation are agreed between a Director the Agency and the Client and are set out in writing and a copy of the varied terms is given to the Client stating the date on or after which such varied terms shall apply.
The Agency acts as an employment agency (as defined in Section 13(2) of the Employment Agencies Act 1973) when Introducing Candidates to the Client for direct Engagement by that Client.
3. NOTIFICATION AND FEES
3.1
The Client agrees to:
3.1.1.
3.1.2.
3.1.3.
notify the Agency immediately of the terms of any offer of an Engagement which it makes to the Candidate;
notify the Agency immediately that its offer of an Engagement to the Candidate has been accepted and to provide details to the Agency of the Remuneration agreed with the Candidate together with any documentary evidence as requested by the Agency; and
pay the Agency’s fee within 7 days of the date of invoice.
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
Except in the circumstances set out in clause 5.1 below, no fee is incurred by the Client until the Applicant commences the Engagement when the Agency will render an invoice to the Client for its fees.
The Introduction Fee calculated in accordance with clause 3.3 below is payable if the Client Engages the Candidate within the period of 6 calendar months from the date of (a) the Introduction, (b) the Client’s withdrawal of an offer of Engagement or (c) the Candidate’s rejection of an offer of an Engagement, (whichever is the later).
3.3.1 The Introduction Fee shall be payable within days of the date of the Agency’s invoice which shall be rendered once the Candidate
The Introduction Fee is calculated in accordance with the attached Fee Structure Schedule based on the Remuneration applicable during the first 12 months of the Engagement.
Where the actual Remuneration is not known, the Agency will charge an Introduction Fee calculated in accordance with clause 3.3 based on its determination of the Remuneration taking into account the market rate level of remuneration applicable for the position in which the Candidate has been Engaged and with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally.
Where prior to the commencement of the Engagement the Agency and the Client agree that the Engagement will be on the basis of a fixed term of less than 12 months, the Introduction Fee will apply pro-rata. If the Client (a) extends the Engagement beyond the initial fixed term or (b) re-Engages the Candidate within 6 calendar months from the date of termination of the agreed period of the fixed term Engagement, then the Client shall be liable to pay a further Introduction Fee based on the additional Remuneration applicable for (a) the extended period of Engagement or (b) the period of the second and any subsequent Engagement, subject to the Client not being liable to pay a greater sum in Introduction Fees than the Client would have been liable for under clause 3.3 had the Candidate first been Engaged for 12 months or more.
The Client’s obligations under this clause 3 shall be performed without any right of the Client to invoke set-off, deductions, withholdings or other similar rights.
VAT is charged at the standard rate on all fees.
The Agency reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on invoiced amounts unpaid for more than 7 days the rate of 8% per annum above the base rate from time to time of the Bank of England from the due date until the date of payment.
4. REFUNDS
4.1
4.2
4.3
4.4
4.5
If, after an offer has been made and accepted, the Engagement (a) does not commence because the Candidate withdraws their acceptance; or (b) once it has commenced, is terminated by either the Candidate or the Client (except in circumstances where the Candidate is made redundant) before the expiry of [12] weeks from the date of commencement of the Engagement; the fee will be refunded in accordance with the accompanying Scale of Refund set out in the schedule to these Terms of Business.
In order to qualify for the refund set out in clause 4.1, the Client must pay the Agency’s fee within 7 days of the date of invoice and must notify the Agency in writing of the termination of the Engagement within 7 days of its termination.
For the purposes of this clause 4 the date of termination of the Engagement shall be the date on which the Candidate ceases working or would have ceased working for the Client, but for any period of garden leave or payment in lieu of notice, whichever is the later.
In circumstances where clause 3.5 applies, the full Introduction Fee is payable and there shall be no entitlement to a refund.
If subsequent to the Client receiving a refund the Candidate is re-Engaged within a period of 6 calendar months from the date of termination, then the refund shall be repaid to the Agency. The Client shall not be entitled to any further refunds in relation to the re-Engagement of this Candidate.
5. CANCELLATION FEE
5.1
If, after an offer of Engagement has been made to the Applicant, the Client decides for any reason to withdraw it, the Client shall be liable to pay the Agency a minimum fee as indicated on the Scale of Refund set out in the schedule to these Terms of Business.
6. INTRODUCTIONS TO THIRD PARTIES
6.1
6.2
6.3
Introductions of Candidates are confidential. If a Client discloses a Candidate’s details to a third party, that will be deemed to be a “Third Party Introduction”. If that Third Party Introduction results in an Engagement of the Candidate by the third party within 6 months of the Agency’s Introduction of the Candidate to the Client, then the Client will be liable to the Agency for payment of an Introduction Fee calculated in accordance with clause 3.3. Neither the Client nor the third party shall be entitled to a refund of the Introduction Fee under clause 4 in any circumstances.
Where the amount of the actual Remuneration is not known the Agency will charge a fee calculated in accordance with clause 3.4 on the minimum level of remuneration applicable for the position in which the Applicant has been engaged with regard to any information supplied to the Agency by the Client and/or comparable positions in the market generally for such positions.
In the event that any employee of the Agency with whom the Client has had personal dealings accepts an Engagement with the Client within 3 months of leaving the Agency’s employment, the Client shall be liable to pay an introduction fee to the Agency in accordance with clause 3.4.
7. SUITABILITY CHECKS
7.1
7.1.1.
7.1.2.
7.1.3.
7.1.4.
7.2
7.2.1.
7.2.2.
7.2.3.
7.2.4.
7.3
7.3.1.
7.3.2.
7.3.3.
7.3.4.
7.3.5.
7.3.6.
7.3.7.
7.3.8.
7.3.9.
7.4
7.4.1.
7.4.2.
7.4.3.
The Agency endeavours to ensure the suitability of Candidates Introduced to the Client to work in the position which the Client seeks to fill by taking reasonably practicable steps to:
ensure that it would not be detrimental to the interests of either the Client or the Candidate;
ensure that both the Client and Candidate are aware of any requirements imposed by law or by any professional body;
confirm that the Candidate is willing to work in the position
obtain confirmation of the Candidate’s identity; and that the Candidate has the experience, training, qualifications, and any authorisation which the Client considers necessary or which may be required by law or by any professional body.
Notwithstanding clause 6.1 the Client must satisfy itself as to the suitability of the Candidate for the position they are seeking to fill. The Client is responsible for:
taking up any references provided by the Candidate before Engaging the Candidate;
checking the Candidate’s right to work and obtaining permission to work as may be required by the law of the country in which the Candidate is Engaged to work;
the arrangement of medical examinations and/or investigations into the medical history of any Candidate; and
satisfying any medical and other requirements, qualifications or permission required for the Candidate to work in the Engagement.
To enable the Agency to comply with its obligations under clause 6.1 above the Client undertakes to provide to the Agency details of the position which the Client seeks to fill, including the following:
the type of work that the Candidate would be required to do;
the location and hours of work;
the experience, training, qualifications and any authorisation which the Client considers necessary or which are required by law or any professional body for the Candidate to possess in order to work in the position;
any risks to health or safety known to the Client and what steps the Client has taken to prevent or control such risks;
the date the Client requires the Candidate to commence the Engagement;
the duration or likely duration of the Engagement;
the minimum rate of Remuneration, expenses and any other benefits that would be offered;
the intervals of payment of Remuneration; and
the length of notice that the Candidate would be entitled to give and receive to terminate their employment with the Client.
Where the Candidate is Introduced for a position which involves working with, caring for or attending a Vulnerable Person the Agency shall, in addition to the obligations in clause 6.1, take reasonably practicable steps to:
obtain confirmation of the Candidate’s identity;
obtain confirmation that the Candidate has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and
obtain and offer to provide copies to the Client of two references from persons who are not relatives of the Candidate and who have agreed that the references they provide may be disclosed to the Client; and any relevant qualifications or authorisations of the Candidate. If the Agency has taken all reasonably practicable steps to obtain such information and has been unable to do so fully it shall inform the Client of the steps it has taken to obtain this information in any event.
8. INFORMATION TO BE PROVIDED
When the Agency Introduces a Candidate to the Client the Agency shall inform the Client that they have obtained confirmation of the matters set out in clause 6.1 and in the case of a position which involves working with Vulnerable Persons the matters in clause 6.4. Where such information is not given in paper form or by electronic means it shall be confirmed by such means by the end of the third business day (excluding Saturday, Sunday and any public or bank holiday) following, save where the Candidate is being Introduced for an Engagement which is the same as one in which the Candidate has worked within the previous 5 business days and such information has already been given to the Client.
9. CONFIDENTIALITY AND DATA PROTECTION
All information relating to a Candidate is confidential and subject to the Data Protection Laws and is provided solely for the purpose of providing work-finding services to the Client. Such information must not be used for any other purpose nor divulged to any third party and the Client undertakes to abide by the provisions of the Data Protection Laws in receiving and processing the data at all times. In addition information relating to the Agency’s business which is capable of being confidential must be kept confidential and not divulged to any third party, except information which is in the public domain.
10. LIABILITY
10.1
10.2
The Agency shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Client arising from or in any way connected with the Agency seeking a Candidate for the Client or from the Introduction to or Engagement of any Candidate by the Client or from the failure of the Agency to introduce any Candidate. For the avoidance of doubt, the Agency does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.
The Client shall indemnify and keep indemnified the Agency against any Losses incurred by the Agency arising out of any non-compliance with the Data Protection Laws, and/or as a result of any breach of, these Terms by the Client.
11. NOTICES
All notices which are required to be given in accordance with these Terms shall be in writing and may be delivered personally or by first class prepaid post to the registered office of the party upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent.
12. SEVERABILITY
If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.
13. GOVERNING LAW AND JURISDICTION
These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
SCHEDULE: FEE STRUCTURE (Clause 3.3)
| Remuneration | Transfer Fee as a Percentage of Remuneration |
|---|---|
| Less than £15,000 | 15% + VAT |
| £15,001 to £29,999 | 17.5% + VAT |
| £30,000 and above | 20% + VAT |
SCHEDULE: SCALE OF REFUND (Clause 4.1)
1.
2.
The following scale of refund only applies in the event that the Client complies with the provisions of clauses 3.1, 4.1 and 4.2 of these Terms.
Where the Candidate ceases working for the Client during the first 12 weeks of the Engagement (except where the Candidate is or will be made redundant) or fails to commence an Engagement, except in the circumstances set out in clause 3.10, a refund of the Introduction Fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions in clause 4.1 and 4.2.
| Week in which the Engagement terminates in accordance with clause 4.2 | % of introduction fee refunded |
|---|---|
| 1-2 | 90% |
| 3-4 | 80% |
| 5-6 | 60% |
| 7-8 | 40% |
| 9-10 | 20% |
| 11-12 | 10% |
3.
4.
There will be no refund where the Candidate’s Engagement is terminated (or the Engagement would have terminated but for any period of garden leave or payment in lieu of notice) during or after the 13th week of the Engagement.
In the event of the Client cancelling the Engagement after an offer of an Engagement has been made to the Applicant the minimum fee specified in clause 5 shall become payable, which shall be calculated as follows: 17.5% of the Remuneration where the annual Remuneration is £15,000 or less and 20% of the Remuneration where the annual Remuneration is £15,001 or more.
Recruit Mint | Registered in England 08091003 | Vat No.