worker handbook

JOBMATCHA LTD

Worker Handbook

Last Updated: September 2024

About us

JobMatcha® is a scale-up Tech business, whose recruitment platform creates a unique digital identity for every worker, using Artificial Intelligence to carry out Right to Work and Credentials checks.

The free, consumer-facing app allows workers to take ownership of their profile, to manage assignments and to be connected with local jobs at the right rates of pay.

JobMatcha® currently works in the Construction sector, supplying labour to companies such as Vinci, Careys, Coinford and McLaren.

Worker handbook introduction

We have developed policies and procedures to make JOBMATCHA Ltd (referred to as ‘JOBMATCHA’, ‘we’ or the ‘Company’ in this Handbook) a better place to work and to protect the welfare of our colleagues and customers. These policies and procedures are put in place to outline the expectations of you in the workplace and are compliant with current government legislation.

Policies and procedures

Everything the Company does must be done efficiently and in accordance with the policies and procedures outlined within this Handbook. JOBMATCHA will support any worker who becomes aware of and is willing to report breaches of our policies, or who genuinely believes that a breach is occurring, has occurred or is likely to occur within the business. In the first instance, workers should raise the issue internally with their manager.

Any workers, who fail to comply with the guidance detailed within this document, could be subject to, following a full investigation, disciplinary action up to and including dismissal. If, through their actions or omissions, workers are found to be in contravention of either these policies or, indeed, their legal responsibilities, then the Company reserves the right to take legal action.

Standards of conduct and behaviour

Our standards of conduct are intended to underpin and clarify the standards required by the Company of its team members. We ask that at all times, you conduct yourself in such a way as to enhance the reputation of the Company, whether it is over email, telephone or face-to- face. We expect all of our workers (including temporary, agency, interim, contractor or consultant staff) to be professional, courteous, efficient, honest, respectful and fully compliant with relevant legal and regulatory codes and guidance. All workers hold a responsibility to act as ambassadors for JOBMATCHA in terms of their general conduct both within and outside the organization.

Changes to personal details

Where there is a change to any of your personal information (which includes but is not limited to bank details, surname, address, emergency contacts), please ensure you update us via hello@jobmatcha.com. All personal details are maintained in conditions of strict security and details are not disclosed to other organisations, except where JOBMATCHA is under a legal obligation to disclose such details. Further information on what we share can be found in our Data Protection Statement.

Social media

When using social media please do not make any negative (direct or indirect) reference towards JOBMATCHA , our clients or our workers on any social networking sites, as this can be extremely damaging to our business and our staff. You are personally responsible for what you communicate on social media sites outside the workplace, for example at home, in your own time, using your own equipment.

Gifts and hospitality

In addition to the duties placed on workers by common and statutory law, the Company requires all workers to ensure that gifts and hospitality, offered by current or potential suppliers of goods and services to the Company, are reported to and approved by their manager. This applies whether the gifts or hospitality are offered within or outside normal working hours. The only exceptions to this are trivial gifts with a nominal value of less than

Smoking

Smoking is not permissible by law in public enclosed areas, including in the workplace or work vehicles. Smoking in the workplace (which includes e-cigarettes or other smoking substitutes) is therefore prohibited within the Company’s premises. Workers who do smoke must do so in their own time; before or after work or during their lunch break, or other recognised break times.

Personal property

You are expected to take good care of your personal property while on JOBMATCHA RECRUITMENT’s or our Clients’ premises and you should not leave valuables unattended. No unnecessary personal property should be brought onto work premises. Please ensure that your personal household insurance covers any valuables which you choose to bring into work. JOBMATCHAwill not be responsible for any losses or damage. In cases of theft, whether of JOBMATCHAor private property, the matter must be reported immediately.

Confidentiality and Data Protection

The business and personal affairs of the customers and workers in our business are strictly confidential. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in applicable laws on data protection from time to time in force in England and Wales, including but not limited to the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) 2003, the General Data Protection Regulations (EU) 2016/679 and (once in force) the Data Protection Act 2018, as amended or updated from time to time (“Data Protection Legislation”). There is a detailed policy within this Handbook that you must read to ensure you adhere to the requirements of the Data Protection Legislation.

Transaction of private business

Workers having official dealings with contractors and other suppliers of goods or services must avoid transacting any kind of private business with them by any means other than via the Company’s normal commercial channels. The conduct of any private business activities from JOBMATCHA or our Clients’ premises will be regarded as gross misconduct and will result in disciplinary action being taken, which could result in dismissal. This extends to the buying or selling of goods on your behalf on our premises or during your working hours (such as buying or selling on E-Bay or related auction sites).

Briefings

Do not attempt to start work unless you have received:
• Client health & safety induction
• Risk assessment method statement
• Daily start of shift briefing (SOS/ COSS)
• Work Package Plans & Task briefings

These are mandatory for every task on site. You must sign on to the Task Briefing and fully understand what is expected of you. If there is a change in the works method, you must stop and be rebriefed on the changes.

Drugs and alcohol

Other than those properly prescribed by a medical doctor, no drugs (possession or use of which is prohibited by law), may be brought onto JOBMATCHA RECRUITMENT’s or our client’s premises. The Company does not permit drug or alcohol misuse during working hours, being under the influence of drugs or alcohol whilst at work or encouraging others to misuse alcohol or drugs. Misuse is defined as consumption of drugs or alcohol during working hours (including Company events, during breaks, or on the way to work) or attending work under the influence of drugs or alcohol.

High Risk Work

You are expected to hold the required qualifications and training to complete your work in a safe and professional manner. We would like to draw your attention to the Health and Safety Executive’s website:

https://www.hse.gov.uk/construction/safetytopics/

You will find guidance regarding High-Risk Work such as:

• Confined Spaces

https://www.hse.gov.uk/confinedspace/

A confined space is a place that is substantially enclosed (though not always entirely), and where serious injury can occur from hazardous substances or conditions within the space or nearby (e.g. lack of oxygen).

Particular care must be taken when working in confined spaces likely to be unventilated (e.g. storage tanks and service ducts). In these areas there is a risk of the build up of flammable, toxic or suffocating atmospheres, with no obvious indication of the hazard. In such circumstances only specifically trained and authorised persons are permitted to enter, and the necessary required precautions must be taken before work can begin.

• Working at Height

https://www.hse.gov.uk/work-at-height/

Falls from height are the greatest single cause of accidental death on construction sites. Many workers are killed or badly injured by falls at unprotected openings. Such openings must either be fenced off or covered over. Covers should either be secured in place or marked with a warning sign. Working from vehicles, also requires a risk assessment to ensure safe working practices are adopted. These are basic steps to reduce the chance of people falling and being injured.

• avoid the need to work at height if possible (e.g. unnecessary climbing on loads)
  • where work at height cannot be avoided, take steps to prevent falls (consider provision of edge
  protection, loading bays or steps for access to vehicles)
  • if there are any remaining risks of falls, take steps to minimize them by ensuring that those involved are briefed on the hazards and appropriate preventative measures

Follow these simple rules:

• select suitable access equipment, check that it is in good condition
  • ensure you are trained to work with the chosen access equipment
  • check that there is enough clearance from overhead lines
  • ensure platforms are fitted with guardrails and toe boards
  • ensure that those erecting the equipment are supervised
  • most sites have banned the use of ladders. Ladders can only be used when a suitable risk assessment
  has been carried out by the main contractor
  • employ methods of collective protection over personal protection

• Working with Mobile Plant

https://www.hse.gov.uk/construction/safetytopics/mobileplant.htm

Operators must (1) hold a current skill card for the plant or equipment they are operating, recognised by the latest Build UK accepted record scheme. (2) Get additional training if operating ancillary equipment, such as quick hitches or grabs.

You must NOT operate mobile plant – dumpers, forklift trucks, tractors etc – unless you have been suitably trained, and authorized to do so by site management.

• Manual Handling 

https://www.hse.gov.uk/pubns/indg143.PDF

Specific risk assessments are to be compiled prior to the commencement of work. The Client or Principle Contractor is responsible for compiling and ensuring these specific risk assessments are carried out along with other hazards identified on site relative to work activity. There is no question of workers being required to carry out tasks for which they are not physically capable. It may become necessary for the task to be tailored to fit the worker, if this is not possible, the worker will not be permitted to carry out the operation. Many accidents are caused through mishandling loads and, with care could be avoided

Whistleblowing

JOBMATCHA encourages workers who suspect malpractice within their workplace to report their concerns to their line manager. This is called ‘whistleblowing’. The Public Interest Disclosure Act came into force in 1999 and gives statutory protection to workers who legitimately make a disclosure in the public interest which relates to:

• Crime;
• Failure to comply with legal or professional obligations;
• Miscarriages of justice;
• Health & safety threat;
• Damage to the environment.

It is the responsibility of JOBMATCHA to ensure that any reports are thoroughly investigated and findings recorded. If the report actually relates to your line manager, or you, for any reason feel it inappropriate to raise the matter with your manager, a JOBMATCHA Director should be approached. We will aim to meet with you to discuss your concern as soon as possible.

Health & Safety Concerns?

⇒ Contact Health & Safety Executive

Rail Safety?

⇒ Raise a concern with CIRAS (Confidential Reporting for Safety)

Need Personal assistance now? Financial Advice? Support with Mental Health?

⇒ Contact The Light House Club, Construction Industry Charity

Free, Confidential Support Services for Mental Health

⇒ Visit “Mates in Mind”

Gangmasters and Labour Abuse Authority

⇒ Report Issues Now

Environmental statement

JOBMATCHA believes that all businesses are responsible for achieving good environmental practice and operating in a sustainable manner. We are therefore committed to reducing our environmental impact and continually improving our environmental performance as an integral and fundamental part of our business strategy and operating methods. It is our priority to encourage our customers, suppliers and all business associates to do the same, to help us deliver on our duty of care towards future generations. Our policy is to:

• Wholly support and comply with the requirements of current environmental legislation and codes of practice.
• Minimise our waste and then reuse or recycle as much of it as possible.
• Minimise energy and water usage in our buildings, vehicles and processes in order
• to conserve supplies, and minimise our consumption of natural resources, especially where they are non-renewable.
• Operate and maintain any company vehicles with due regard to environmental issues as far as reasonably practical and encourage the use of alternative means of transport and car sharing.
• Reduce the number of journeys required by conducting online meetings wherever possible.
• Apply the principles of continuous improvement in respect of air, water, noise and light pollution from our premises and reduce any operational impacts on the environment and local community.
• As far as possible, purchase products and services that do the least damage to the environment and encourage others to do the same.
• Ensure that all workers understand our Environmental Policy and conform to the high standards it requires.
• Encourages colleagues to car share for through the Eureka Car Share Scheme.
• Address complaints about any breach of our Environmental Policy promptly and to the satisfaction of all concerned.

Health and safety statement

JOBMATCHA considers the health, safety and welfare of its workers and others who may be affected by its activities to be of primary importance to the success of the Company. JOBMATCHA recognises that a safe and healthy company is very important to long-term growth.

The Company therefore aims to eliminate all unnecessary and unacceptable risks from the work environment and reduce all remaining risks to a tolerable level. In return, the Company expects workers at all levels to exceed their minimum legal duties.

This includes co-operating with us on safety matters and workers taking care of their own safety and that of others, whether from within the Company or from outside, who may be affected by their actions. The policy and the way it has operated will be reviewed periodically and more often should the business change in nature or size. Any revision necessary to improve safety performance will be made and then reported to workers.

The correct way to do any job is the safe way, and the Company undertakes to ensure that workers are provided with the resources they need to carry out every job safely. This will include any information, instruction, training or supervision necessary. There is no aspect of our business so important or urgent that time cannot be taken to do it safely.

Criminal offences and convictions

In-line with the Rehabilitation of Offenders Act 1974, JOBMATCHA aims to support those with unspent convictions, whereby the criminal offence does not pose any obvious threats to JOBMATCHA’s workers, customers, or reputation. All criminal offences disclosed to JOBMATCHA will be reviewed on a case-by-case basis, and studied by the Board of Directors before any decision is reached. You must notify your Manager immediately if you are arrested or charged with a summons on a criminal or civil charge during your employment with JOBMATCHA, regardless of the nature of the offence. Failure to do so will be considered a breach this policy and may lead to disciplinary proceedings.

Attendance and Timekeeping Policy

Workers are expected to be present at work during the times agreed in their Terms and Assignment Schedule. You must report all non-attendance as soon as it is expected. You need to ensure that you have the appropriate contact details and mobile numbers of your manager. If you are unable to reach your manager, you are required to leave a voice message and follow up with an email/text to ensure any handover is reported and to manage expectations for your return. You should also contact one of your colleagues, to ensure someone is aware of your absence. In circumstances where the worker is unable to make direct contact, they should arrange for a third party to contact the Company on their behalf, as soon as they are able. Any prolonged absence must, unless agreed otherwise, be communicated to the manager each day until the worker returns to work, unless the leave of absence has been subsequently approved or a doctor’s note covering the period in question has been provided.

Sickness absence from work for more than 7 days requires a medical certificate, and any sickness absence, regardless of the length of time, work must be self-certified on return. A return to work interview will also be carried out by your manager. Any unreported absence is viewed as unauthorised and, in most cases the Company will invoke formal disciplinary procedures. Any worker who is repeatedly late for work, or who is frequently absent, and offers no reasonable explanation will be subject to the disciplinary procedures outlined in the Company’s Disciplinary Policy.

Time off for public duties will be granted in relation to the duty and its possible effect on your work. Any member of staff will be granted reasonable time off work if they are:

• A Justice of the Peace.
• A member of the Local or Health Authority.
• A member of the Statutory Authority.
• A member of a managing or governing body of an educational establishment.
• A member of the Armed Forces Reserve.

If you are called to serve on a jury, you should advise your manager as soon as possible so that the necessary arrangements to cover your work can be put in place. You will be granted the necessary leave, but you may be asked to provide evidence of the jury call. Paid time off will be granted subject to you reimbursing JOBMATCHAfor the loss of earning claimed whilst on jury service. You should attend for work where possible on days or parts of day when the court discharges you from your duty.

Working Time Regulations Policy

Your hours of work will be as set out in your terms and Assignment Schedules

The Company will comply with the relevant statutory provisions regarding rest breaks.

If you are under the age of 18 years, you are entitled to at least 12 consecutive hours rest in every 24-hour period.

You are entitled to at least 24 hours uninterrupted rest in every seven-day period, which can be averaged over a two-week period, so you could have less than 24 hours rest one week, as long as the average over two weeks is at least 24 hours.

Your break entitlements will be as set out in your terms or any subsequent contractual change letters.

You can opt out of this restriction, whereby you will need to sign a written agreement, which will be kept on your personnel file.

No worker is under any obligation to enter into an opt-out agreement with the Company

Sickness Policy

Statutory Sick Pay (SSP) entitles workers to receive a set payment for each week, which is based on the number of days worked within a week. i.e. if you work 3 days per week and are off for 2 days you will receive two thirds of the total weekly amount, subject to the terms below. For details of payment refer to www.gov.uk/employers- sick-pay/entitlement. This is paid by the Company for up to 28 weeks.

The worker will not be paid for the first 3 days of absence which are referred to as ‘Waiting Days’.

The worker’s SSP qualifying days are either Monday to Friday or, in the case of a part-time worker, the days that they normally work.

If the worker is eligible for the payment of SSP, it will be subject to the deduction of tax and National Insurance contributions.

To qualify for Statutory Sick Pay (SSP) you must:

• be classed as a JOBMATCHA worker and have done some work for the Company;
• have been ill for at least 4 days in a row (including non-working days);
• earn at least £116 before tax (subject to change in line with government guidelines) per week;

notify the Company in accordance with this policy.

Workers won’t qualify if they have already received the maximum amount of SSP (28 weeks); are getting Statutory Maternity Pay.

Any two Periods of Incapacity for Work (PIWs) for an ongoing illness that are less than 8 weeks apart will be linked. Linking PIWs must each be at least four days long – odd days of sickness do not form a PIW and cannot link. Where PIWs are linked and all three “Waiting Days” have been served in the first PIW, there will be no Waiting Days in any later linked spells of sickness. In some circumstances, the Company may require the worker to provide private fit notes for all absences from work due to sickness, regardless of their duration. The Company will reimburse the worker fully for the cost of obtaining these certificates. Examples of such circumstances include: A history of exceptional absenteeism; An appearance or disposition as such that JOBMATCHA management are concerned that the worker may not be fit for work.

Workers will not be allowed to return to work until their doctor deems that they are fit to return. Requests for temporary adjustments to the worker’s working conditions will be considered by the Company and will be accommodated wherever possible and if Company circumstances permit. In the case of extended periods of absence, the Company may require that the worker’s fitness to return is confirmed by a medical practitioner of the Company’s choice. The Company reserves the right to require workers to be examined by a practitioner of its choice, in order to seek a medical opinion and in order to gain as much information about the worker’s medical condition as possible. The Company may also request the worker’s permission to contact their doctor and ask for a medical report covering (amongst other things) the worker’s condition, prognosis, expected return to work. This request may be made at either during or after a period of absence. During any absence, it is important that workers keep in touch so that their manager and/or the People Team are kept informed of their health status and likely return-to- work date.  If the worker has a condition that means they might be considered disabled within the meaning of the Equality Act 2010 (EA), the Company has a duty to attempt to make reasonable adjustments to their job to accommodate their requirements. The worker will always be fully consulted.

Termination will not take place without:

• Full consultation with the worker;
• Medical investigation; and
• Consideration of alternative employment.

Data Protection Policy

Everyone has rights with regards to how their personal information is handled. During the course of our activities we will collect, store and process personal information about our staff, and we recognise the need to treat it in an appropriate and lawful manner.

Please read this policy in conjunction with our Worker Privacy Statement, which can be located on our online HR system.

The types of information that we may be required to handle include details of current, past and prospective workers, suppliers, customers, and others that we communicate with. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in applicable laws on data protection from time to time in force in England and Wales, including but not limited to:

the Data Protection Act 1998;

the Privacy and Electronic Communications (EC Directive) 2003;

the General Data Protection Regulations (EU) 2016/679; and (once in force)

the Data Protection Act 2018, as amended or updated from time to time (“Data Protection Legislation”).

This policy does not form part of any worker’s contract of employment and it may be amended at any time. Any breach of this policy will be taken seriously and may result in disciplinary action.

If you consider that the policy has not been followed in respect of personal data about yourself or others you should raise the matter with your line manager.

Definitions:

Data is information which is stored electronically, on a computer, or in certain paper-based filing systems.

Data subjects for the purpose of this policy include all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights in relation to their personal data.

Personal data means data relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal data can be factual (such as a name, address or date of birth), an identifier (such as an identification number or an online identifier), or information about physical, physiological, genetic identity of that person (such as a biometric passport or fingerprint) or it can be an opinion (such as a performance appraisal).

Data controllers are the people who, or organisations which, determine the purposes and means for which, and the manner in which, any personal data is processed. They have a responsibility to establish practices and policies in line with the Act. We are the data controller of all personal data used in our business.

Data users include workers whose work involves using personal data. Data users have a duty to protect the information they handle by following our data protection and security policies at all times.

Data processors include any person who processes personal data on behalf of a data controller.

Processing is any activity that involves use of the data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

Sensitive personal data or Special category data includes information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive personal data or special category data can only be processed under strict conditions, and will usually require the express consent of the person concerned.

Anyone processing personal data must comply with the principles of good practice set out in Data Protection Legislation. These provide that personal data must be:

Processed fairly, lawfully and transparently;

Processed for specified, explicit and legitimate purposes and not further processed in a manner which is inconsistent with those purposes;

Adequate, relevant and limited to what is necessary for the purpose;

Accurate and kept up to date;

Not kept longer than necessary;

Processed in line with data subjects’ rights;

Secure;

Not transferred to people or organisations situated in countries without adequate protection.

The Data Protection Legislation is not intended to prevent the processing of personal data, but to ensure that it is done fairly, and transparently without adversely affecting the rights of the data subject.

The data subject must be told who the data controller is (in this case JOBMATCHA), the purpose for which the data is to be processed by us, and the identities of anyone to whom the data may be disclosed or transferred.

For personal data to be processed lawfully, certain conditions have to be met. These may include, among other things, requirements that the processing is necessary for the performance of a contract or in order to take pre-contract steps, to comply with a legal obligation, to protect the data subject, or in the legitimate interest of JOBMATCHAor the party to whom the data is disclosed.

Data may also be processed where the data subject has explicitly consented to the processing.

When sensitive personal data or special category data is being processed JOBMATCHA RECRUITMENTwill either seek the data subject’s explicit consent to the processing or ensure that the more stringent requirements to process such data are met.

Personal data may only be processed for the specific purposes notified to the data subject when the data was first collected or for any other purposes specifically permitted by Data Protection Legislation. This means that personal data must not be collected for one purpose and then used for another.

If it becomes necessary to change the purpose for which the data is processed, the data subject must be informed of the new purpose and may be asked for their explicit consent to such additional processing.

The data subject must also be informed of their right to object to such additional data processing before any processing occurs.

Personal data should only be collected to the extent that it is necessary for the specific purpose notified to the data subject.

Any data which is not necessary for that purpose should not be collected in the first place.

Personal data must be accurate and kept up to date.

Information which is incorrect, or misleading is not accurate, and steps should therefore be taken to check the accuracy of any personal data at the point of collection and at regular intervals afterwards.

Inaccurate or out-of-date data should be destroyed.

Personal data should not be kept longer than is necessary for the purpose. This means that data should be destroyed or erased from our systems when it is no longer required.

For guidance on how long certain data is likely to be kept before being destroyed, please review our JOBMATCHAPrivacy Statement or contact the People Team.

Data must be processed in line with data subjects’ rights. Data subjects have a right to:

Be informed of what data is processed about them;

Object to data processing on compelling legitimate grounds;

Request access to any data held about them by a data controller;

Prevent the processing of their data for direct-marketing purposes;

Ask to have inaccurate data amended or removed;

Prevent processing that is likely to cause damage or distress to themselves or anyone else; and

Object to automated data processing.

We must ensure that appropriate security measures are taken against unlawful or unauthorised processing of personal data, and against the accidental loss of, or damage to, personal data.

Data subjects may apply to the courts for compensation if they have suffered damage from such a loss.

The Data Protection Legislation requires us to put in place procedures and technologies to maintain the security of all personal data from the point of collection to the point of destruction.

Personal data may only be transferred to a third-party data processor if a third-party data processor agrees to comply with those procedures and policies, or if they put in place adequate measures themselves.

Maintaining data security means guaranteeing the confidentiality, integrity and availability of the personal data, defined as follows:

Confidentiality means that only people who are authorised to use the data can access it;

Integrity means that personal data should be accurate and suitable for the purpose for which it is processed; and

Availability means that authorised users should be able to access the data if they need it for authorised purposes. Personal data should therefore be stored on our central computer system and not individual PCs.

Security procedures include:

Entry controls. Any stranger seen in entry-controlled areas should be reported;

Secure lockable desks and cupboards. Desks and cupboards should be kept locked if they hold confidential information of any kind. (Personal information is always considered confidential.);

Methods of disposal. Paper documents should be shredded. Memory sticks, CD-ROMs and the like should be physically destroyed when they are no longer required; and

Equipment. Data users should ensure that individual monitors do not show confidential information to passers-by and that they log off from their PC when it is left unattended.

A formal request from a data subject for information that we hold about them must be made in writing.

No fee is normally payable by the data subject for provision of this information.

Any member of staff who receives a written request should forward it to the

People Team immediately.

Any member of staff dealing with telephone enquiries should be careful about disclosing any personal information held by us. In particular they should:

Check the caller’s identity to make sure that information is only given to a person who is entitled to it;

Suggest that the caller put their request in writing if they are not sure about the caller’s identity and where their identity cannot be checked; and

No-one should be bullied into disclosing personal information, so please refer to the Data Protection Officer or the People Team for assistance in difficult situations.

We will continue to review the effectiveness of this policy to ensure it is achieving its stated objectives.

Anti-Fraud Policy

Our Anti-fraud policy is established to facilitate the development of controls that will aid in the detection and prevention of fraud against JOBMATCHAor any of our customers, suppliers or otherwise.

JOBMATCHA is committed to the prevention, deterrence, detection and investigation of all forms of fraud and corruption.

In this policy, the term ‘fraud’ includes ‘corruption’.

JOBMATCHA will not accept any level of fraud or corruption and will treat any such matter with the utmost seriousness.

Each case will be thoroughly investigated and dealt with appropriately.

Investigations may invoke the Discipline Policy and could result in dismissal and legal action.

It is the intent of JOBMATCHA to promote consistent organisational behaviour by providing guidelines and assigning responsibility for the development of controls and conduct of investigations.

For the purpose of this policy, the following definitions apply:

“Fraud”: is committed by any person internal or external to the organisation who by any deception dishonestly:

obtains property belonging to another, with the intention of depriving the other of it; or

obtains for him or herself or another any monetary advantage;

secures the remission of the whole or part of any existing liability to make a payment;

obtains, or seeks to obtain, for him or herself or another, any monetary advantage with or without intent to cause loss to another by:

destroying, defacing, concealing or falsifying any account or any record or document made or required for any accounting purpose; or

furnishing any account, or any such record or document, which to his or her knowledge is or may be misleading, false or deceptive in a material particular.

“Internal fraud”: fraudulent acts undertaken by JOBMATCHAworkers; examples include, but are not limited to, falsification of expense claims, maladministration and falsification of invoices for payment.

“Corruption”: the offering, giving, soliciting or acceptance of an inducement or reward (including any gift, loan, fee or advantage) which may influence the action of any person; examples include:

a payment; favour or gift given to an worker of JOBMATCHA as a reward; or an incentive, to that person for any actions (or inactions) contrary to the proper conduct of their duties.

Management is responsible for the detection and prevention of fraud, misappropriations, and other irregularities.

JOBMATCHA, however, requires all staff, including secondees, contractors and agency staff, to act honestly and with integrity and to safeguard the resources for which they are responsible.

The terms misappropriation and irregularities refer to, but are not limited to:

Any dishonest or fraudulent act;

Misappropriation of funds, securities, supplies, or other assets including any funding, regulatory body, awarding body or any other type of compliance body;

Impropriety in the handling or reporting of money or financial transactions;

Profiteering as a result of insider knowledge of company activities;

Disclosing confidential and proprietary information to outside parties;

Accepting or seeking anything of material value from contractors, vendors, or persons providing services/materials to the Company. Exception: Gifts less than £20 in value;

Destruction, removal, or inappropriate use of records, furniture, fixtures, and equipment; and/or

Any similar or related irregularity.

You must behave in a fair and honest way in any dealings related to JOBMATCHA both internally and externally and apply yourself diligently to your work and the execution of your duties.

Specifically, you must have due regard to the need to adhere to JOBMATCHA’s internal controls which are designed to prevent, deter and detect fraud.

You must operate within the law, keep to normal ethical business standards, and be alert to the possibility that unusual events or transactions could be indicators of fraud.

You must immediately report to your line manager or to the Finance Manager/People Team if you suspect that a fraud has been committed or see any acts or events which you consider are or may be suspicious.

Failure to report such activity may result in disciplinary action.

You must cooperate fully with internal checks, reviews or fraud investigations.

All disclosures will be dealt with in confidence and in accordance with the terms of the Public Interest Disclosure Act 1998. For further details, see JOBMATCHA’s Whistleblowing Policy.

This policy applies to any irregularity, or suspected irregularity, involving workers as well as shareholders, consultants, vendors, contractors, outside agencies doing business with workers of such agencies, and/or any other parties with a business relationship with JOBMATCHA.

Any irregularity that is detected or suspected must be reported immediately to a Managing Director, who will coordinate all investigations with the People Team and other affected areas, both internal and external.

The People Team has the primary responsibility for the investigation of all suspected fraudulent acts as defined in the policy.

The People Team treats all information received confidentially.

If the investigation substantiates that fraudulent activities have occurred, the People Team will generally issue reports to appropriate designated workers and managers.

Decisions to prosecute or refer the examination results to the appropriate law enforcement and/or regulatory agencies for independent investigation will be made in conjunction with legal counsel and senior management, as will final decisions on disposition of the case.

Any worker who suspects dishonest or fraudulent activity will notify the People Team immediately and should not attempt to personally conduct investigations or interviews/interrogations related to any suspected fraudulent act.

Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know, in order to avoid damaging the reputations of persons suspected but subsequently found innocent of wrongful conduct and to protect the Company from potential civil liability.

Members of the investigation team will generally have:

Free and unrestricted access to all Company records and premises, whether owned or rented; and

the authority to examine, copy, and/or remove all or any portion of the contents of files, desks, cabinets, and other storage facilities on the premises

without prior knowledge or consent of any individual who might use or have custody of any such items or facilities when it is within the scope of their investigation.

Any investigative activity required will be conducted without regard to the suspected wrongdoer’s length of service, position/title or relationship to the Company

Great care will be taken in the investigation of suspected improprieties or irregularities to avoid mistaken accusations or alerting suspected individuals that an investigation is underway.

The worker or other complainant may remain anonymous.

All inquiries concerning the activity under investigation from the suspected individual, his or her attorney or representative, or any other inquirer should be directed to the People Team or investigations team.

No information concerning the status of an investigation will generally be given out.

The proper response to any inquiries is generally: “I am not at liberty to discuss this matter.”

Under no circumstances should any reference be made to “the allegation,” “the crime”, “the fraud”, “the forgery”, “the misappropriation” or any other specific reference.

The reporting individual should usually be informed of the following:

Do not contact the suspected individual in an effort to determine facts or demand restitution.

Do not discuss the case, facts, suspicions or allegations with anyone unless specifically asked to do so by the People Team.

If there are reasonable grounds for suspicion of fraud, and to facilitate the investigation, it may be appropriate to suspend an worker against whom an accusation has been made.

This decision will be taken by the Managing Director, with advice from the People Team.

In these circumstances, the worker will be supervised at all times before leaving the premises.

Any security pass or keys must be returned and access to the computer system will be withdrawn.

Suspension should not be regarded as disciplinary action nor should it imply guilt.

If an investigation results in a recommendation that Disciplinary action is warranted, this will be considered in accordance with our Disciplinary procedure.

In the event of the discovery of criminal behaviour, JOBMATCHAreserves the right to inform the police who may take the investigation further.

JOBMATCHA will take steps to minimise the risk of similar frauds occurring in future.

It is our policy to conduct all our business in an honest and ethical manner.

We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships.

This applies to all persons working for us or on our behalf in any capacity, including workers at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners.

Bribe means a financial or other inducement or reward for action which is illegal, unethical, a breach of trust or improper in any way. Bribes can take the form of money, gifts, loans, fees, hospitality, services, discounts, the award of a contract or any other advantage or benefit.

Bribery includes offering, promising, giving, accepting or seeking a bribe.

All forms of bribery are strictly prohibited. If you are unsure about whether a particular act constitutes bribery, raise it with your manager.

Specifically, you must not:

give or offer any payment, gift, hospitality or other benefit in the expectation that a business advantage will be received in return, or to reward any business received;

accept any offer from a third party that you know or suspect is made with the expectation that we will provide a business advantage for them or anyone else;

give or offer any payment (sometimes called a facilitation payment) to a government official in any country to facilitate or speed up a routine or necessary procedure.

You must not threaten or retaliate against another person who has refused to offer or accept a bribe or who has raised concerns about possible bribery or corruption.

This does not prohibit the giving or accepting of reasonable and appropriate hospitality for legitimate purposes such as building relationships, maintaining our image or reputation, or marketing our products and services.

A gift or hospitality will not be appropriate if it is unduly lavish or extravagant or could be an inducement or reward for any preferential treatment (for example, during contractual negotiations or a tender process).

Gifts must be of an appropriate type and value depending on the circumstances and taking account of the reason for the gift. Gifts must not include cash or cash equivalent (such as vouchers) or be given in secret. Gifts must be given in our name, not your name.

Promotional gifts with a value of £20 or less such as branded stationery may be given to or accepted from existing customers, suppliers and business partners.

You must declare and keep a written record of all hospitality or gifts given or received. You must also submit all expenses claims relating to hospitality, gifts or payments to third parties in accordance with our expenses policy and record the reason for expenditure.

All accounts, invoices, and other records relating to dealings with third parties including suppliers and customers should be prepared with strict accuracy and completeness. Accounts must not be kept “off-book” to facilitate or conceal improper payments.

If you are offered a bribe, or are asked to make one, or if you suspect that any bribery, corruption or other breach of this policy has occurred or may occur, you must notify your manager as soon as possible.

Anti-harassment and Bullying Policy

The Company does not tolerate any form of harassment or bullying under any circumstances. Any behaviour that undermines this aim is unacceptable. The Company will not tolerate harassment or bullying of:

Job applicants

Workers;

Contractors;

Agency workers;

Self-employed workers;

Ex-workers; or

Anyone on the Company’s premises, whether directly involved with the Company’s business or not.

The policy also applies to work-related functions which are held within or outside of normal working hours, and either on or off the Company’s premises, such as business trips, Christmas parties, leaving celebrations, working lunches, etc.

Any inappropriate behaviour that occurs in the workplace will be dealt with in a serious, sensitive and confidential manner and will be addressed immediately to ensure it is resolved as quickly as possible for all concerned.

It is important to note that the question of whether certain behaviour constitutes harassment rests with the person on the receiving end of the behaviour, therefore all harassment allegations will be investigated.

Care should be taken when interacting with others to distinguish between behaviour that is viewed as welcome and behaviour that is unwanted and potentially offensive to another person.

Example: someone tells a joke that they think is funny. Although there was no intention to directly upset anyone, an worker could possibly find it offensive, which may mean the individual has a valid harassment claim.

The Company’s position is that no harassment of any kind should take place and all workers have a responsibility to ensure at all times that their own behaviour does not offend others.

The Company will not tolerate retaliation to any harassment and strongly encourages workers to report the incident to their manager as soon as it occurs.

Harassment is unwanted conduct related to a relevant protected characteristic (an area covered by discrimination legislation) which has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive working environment for them.

Harassment is normally characterised by more than one incident of unacceptable behaviour, particularly if it reoccurs, once it has been made clear by the victim that they consider it offensive.

One incident may constitute harassment if it is sufficiently serious.

Harassment on any grounds, including the above, will not be tolerated.

Where it cannot be established that there was an intention to offend, conduct will only be regarded as violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment if, taking all the circumstances into account it would be reasonable to come to that conclusion.

Workers can be subjected to harassment on a wide variety of grounds which may include the following:

Sex-based (purely because of gender) or sexual (sexual in nature).

Sexual orientation.

Pregnancy or maternity.

Transsexualism (gender reassignment).

Being married or a civil partner.

Race, nationality, ethnic origin, national origin or skin colour.

Disability itself or a reason relating to it.

Age.

Employment status, e.g. part-time, fixed term.

Membership or non-membership of a trade union.

Carrying out health and safety duties.

Religion or religious beliefs or lack of either.

Deeply held personal beliefs or lack of them.

Political beliefs.

Criminal record.

Health, e.g. AIDS/HIV sufferers.

Physical characteristics.

Social class.

Being ridiculed or victimised for raising a complaint.

Examples of harassment may include:

Verbal – crude language, open hostility, offensive jokes, suggestive remarks, innuendos, rude or vulgar comments, malicious gossip and offensive songs.

Non-verbal – wolf-whistles, obscene gestures, sexually suggestive posters/calendars, pornographic material (both paper-based and generated on a computer, including offensive screen-savers), graffiti, offensive letters, offensive e-mails, messages on mobile phones or social media, and offensive objects.

Physical – unnecessary touching, patting, pinching or brushing against another worker’s body, intimidating behaviour, assault and physical coercion.

Coercion – pressure for sexual favours (e.g. to get a job or be promoted) and pressure to participate in political, religious or trade union groups, etc.

Isolation or non-co-operation and exclusion from social activities.

Intrusion/stalking – following, pestering, prying, meddling, etc.

Particular types of harassment at work are unlawful under the Equality Act 2010.

The Company, together with its workers who fail to take steps to prevent harassment or investigate complaints, may be held liable for their unlawful actions and be required to pay damages to the victim, as may the worker who has committed the act of harassment.

There is no limit to the compensation that can be awarded in employment tribunals for acts of harassment.

The Company may also be liable for harassment that comes from a third party (e.g. a customer or supplier) if that harassment occurs on at least two occasions, the Company is aware that it has happened and does nothing to stop it happening.

Harassment can also constitute a criminal offence, under the Protection from Harassment Act 1997.

This means that workers who suffer harassment may contact the police, in the case of harassment from fellow workers or harassment by third parties in some circumstances.

Those found guilty face fines or imprisonment of up to two years.

An worker harassed by another worker may sue that individual personally for the damage and distress caused.

The Company may be held vicariously liable under the Protection from Harassment Act for any harassment perpetrated by an worker whenever the behaviour in question is closely connected to the employment relationship.

The Company and its workers have a responsibility to discourage harassment and prevent it from happening by:

Being aware of the problems that harassment can cause and ensuring that displayed behaviours do not cause others to feel harassed.

Making workers aware if certain conduct or behaviour is causing concern or offence to them or to others.

Bullying is a gradual wearing down process comprising a sustained form of psychological abuse that makes victims feel demeaned and inadequate.

Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority but can include both personal strength and the power to coerce through fear or intimidation.

It is the perception of the recipient that determines whether any action or statement can be viewed as bullying.

Workplace bullying can range from extreme forms such as violence and intimidation to less obvious actions, like deliberately ignoring someone at work. These can be split into two categories.

The obvious:

Shouting or swearing at people in public and private.

Persistent criticism.

Ignoring or deliberately excluding people.

Persecution through threats and instilling fear.

Spreading malicious rumours.

Constantly undervaluing effort.

Dispensing disciplinary action that is totally unjustified.

Spontaneous rages, often over trivial matters.

Constant ignoring of opinions.

The less obvious:

Withholding information or supplying incorrect information.

Unjustified, excessive monitoring and/or supervision.

Deliberately sabotaging or impeding work performance.

Constantly changing targets.

Setting individuals up to fail by imposing impossible deadlines.

Unfair criticism about performance the day before a colleague goes on holiday.

Removing areas of responsibility and imposing menial tasks.

Blocking applications for holiday, promotion or training.

Bullying is not necessarily confined to the direct spoken word or physical action, but can also be prevalent in writing via electronic/digital communication such as email, text message, Skype and social media platforms.

Legitimate, reasonable and constructive criticism of a worker’s performance or behaviour, or reasonable instructions given to workers in the course of their employment, will not amount to bullying on their own.

The Company will deal with all complaints of harassment and bullying promptly, fairly, sensitively and in confidence.

Many workers who complain that they are being harassed or bullied simply want the behaviour to stop.

Where appropriate, they can be encouraged to take charge of the situation themselves, by informing the harasser or bully that his or her behaviour is unacceptable and that it must stop.

If an worker feels they are unable to deal with a particular situation without support, they should ask their manager to explain to the person causing offence that their behaviour is unwelcome and must stop.

If this initial approach fails to resolve the problem, an worker may use the formal grievance procedure.

Complaints will be handled swiftly and confidentially while ensuring the rights of both the alleged victim and the alleged harasser or bully are protected.

Disciplinary action will be considered in all cases where a claim of harassment is substantiated.

Any harassment or bullying may be classed as gross misconduct, for which workers may be summarily dismissed.

The Company operates an open door policy to discuss workplace problems and workers can discuss the matter with their manager on an informal basis.

The Company recognises that discussing serious matters informally may not always be appropriate, depending on the circumstance’s severity.

If this is the case, workers can discuss the situation with their manager.

Confidentiality will be maintained as far as possible.

If an worker decides not to take any action to deal with the problem and the circumstances described are very serious, the Company reserves the right to investigate the situation due to the duty of care to ensure the safety of all workers who may be adversely affected by the alleged harasser’s/ bully’s behaviour.

Whether a complaint is upheld or not, the Company recognises that it may be difficult for the workers concerned to continue to work in close proximity to one another during the investigation or following the outcome of the proceedings.

If this is the case, the Company will consider a voluntary request from either party to transfer to another job or work location.

A transfer cannot always be guaranteed, however.

Where harassment or bullying has been found to have occurred and the perpetrator remains in employment, regular checks will be made to ensure that harassment has stopped and that there has been no victimisation or retaliation against the victim.

Staff who make complaints or who participate in good faith in any investigation must not suffer any form of retaliation or victimisation as a result. Anyone found to have retaliated against or victimised someone in this way will be subject to disciplinary action under our Disciplinary Procedure.

Where a complaint is blatantly untrue and has been brought out of spite, or for some other unacceptable motive, the complainant will be subject to the Company’s Disciplinary Procedure, as will any witnesses who have deliberately misled the investigations.

Equality and Diversity Policy

JOBMATCHA is committed to promoting equal opportunities in employment. You and any job applicants will receive equal treatment regardless of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation (Protected Characteristics).

The Company will constantly strive to create a productive environment, representative of and responsive to different cultures and groups, where everyone has an equal chance to succeed.

Using fair, objective and innovative employment practices, the Company’s aim is to ensure that:

All workers and potential workers are treated fairly and with respect at all stages of their employment.

All workers have the right to be free from harassment and bullying of any description, or any other form of unwanted behaviour, whether based on a Protected Characteristic or otherwise.

All workers have an equal chance to contribute and to achieve their potential, irrespective of any defining feature that may give rise to unfair discrimination.

The diversity of the community is reflected at all levels within the Company’s workforce.

Women and men are fully and properly represented and rewarded for their contribution at all levels of the Company through:

Challenging gender stereotypes.

Supporting workers in balancing their life at work and at home.

Supporting    workers    by        facilitating     their    return to            work    after maternity/adoption/parental/paternity leave.

Workers who plan to undergo, are undergoing, or have undergone gender reassignment are protected against all forms of discrimination and harassment.

The Company will take positive steps to support a transgender person and ensure they are treated with dignity and respect.

Workers shall be treated fairly and equally in the workplace irrespective of their marital, civil partnership or family status.

Workers shall be treated fairly and equally in the workplace irrespective of their pregnancy and maternity leave.

The racial and cultural diversity of the community is represented at all levels of the Company through:

Challenging racial stereotypes.

Understanding,        respecting    and     valuing           different            racial  and     cultural backgrounds and perspectives.

The abilities of disabled people are recognised and valued at all levels of the Company through:

Focusing on what people can do rather than on what they cannot.

Challenging stereotypes about people with disabilities.

Making appropriate adjustments in the workplace to help people with disabilities achieve their full career potential.

Age diversity within the workforce is promoted and valued through challenging age stereotyping.

Workers are treated fairly in the workplace irrespective of their religious beliefs and practices or political opinions by recognising individuals’ freedom of belief and right to protection from intolerance and persecution.

Discrimination against a colleague or potential colleague on grounds that they have, or is thought to have, HIV or AIDS is not acceptable, and confidentiality will be respected in line with the wishes of an individual with HIV or AIDS.

Workers are treated fairly in the workplace, irrespective of their sexuality through:

Respecting different lifestyles.

Challenging negative stereotypical views.

You must not unlawfully discriminate against or harass other people including current and former workers, job applicants, clients, customers, suppliers and visitors. This applies in the workplace, outside the workplace (when dealing with customers, suppliers or other work-related contacts), and on work-related trips or events including social events.

The following forms of discrimination are prohibited under this policy and are unlawful:

Direct discrimination: treating someone less favourably because of a Protected Characteristic. For example, rejecting a job applicant because of their religious views or because they might be gay.

Indirect discrimination: a provision, criterion or practice that applies to everyone but adversely affects people with a particular Protected Characteristic more than others, and is not justified. For example, requiring a job to be done full-time rather than part-time would adversely affect women because they generally have greater childcare commitments than men. Such a requirement would be discriminatory unless it can be justified.

Harassment: this includes sexual harassment and other unwanted conduct related to a Protected Characteristic, which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Harassment is dealt with further in our Anti-harassment and Bullying Policy.

Victimisation: retaliation against someone who has complained or has supported someone else’s complaint about discrimination or harassment.

Disability discrimination: this includes direct and indirect discrimination, any unjustified less favourable treatment because of the effects of a disability, and failure to make reasonable adjustments to alleviate disadvantages caused by a disability.

Recruitment, promotion and other selection exercises such as redundancy selection will be conducted on the basis of merit, against objective criteria that avoid discrimination. Shortlisting should be done by more than one person if possible.

Vacancies should generally be advertised to a diverse section of the labour market.

Advertisements should avoid stereotyping or using wording that may discourage particular groups from applying.

Job applicants should not be asked questions which might suggest an intention to discriminate on grounds of a Protected Characteristic.

For example, applicants should not be asked whether they are pregnant or planning to have children.

Job applicants should not be asked about health or disability before a job offer is made, except in the very limited circumstances allowed by law: for example, to check that the applicant could perform an intrinsic part of the job (taking account of any reasonable adjustments), or to see if any adjustments might be needed at interview because of a disability. Where necessary, job offers can be made conditional on a satisfactory medical check. Health or disability questions may be included in equal opportunities monitoring forms, which must not be used for selection or decision-making purposes.

If you are disabled or become disabled, we encourage you to tell us about your condition so that we can consider what reasonable adjustments or support may be appropriate.

Part-time and fixed-term workers should be treated the same as comparable full- time or permanent workers and enjoy no less favourable terms and conditions (on a pro-rata basis where appropriate), unless different treatment is justified.

We take a strict approach to breaches of this policy, which will be dealt with in accordance with our Disciplinary Procedure.

If you believe that you have suffered discrimination you can raise the matter through our Grievance Procedure or Anti-harassment and Bullying Policy. Complaints will be treated in confidence and investigated as appropriate.

You must not be victimised or retaliated against for complaining about discrimination. However, making a false allegation deliberately and in bad faith will be treated as misconduct and dealt with under our Disciplinary Procedure.

Anti-harassment and Bullying Procedure

The Company is opposed to all forms of unlawful discrimination and harassment and seeks to create and maintain a working environment where all staff are treated with dignity and respect. All complaints of discrimination or harassment will be treated seriously and will be dealt with promptly, efficiently and so far as is possible, in confidence. Any worker may use this procedure if they believe that they have:

• Been treated unfavourably in contravention of the Company’s Equal Opportunities Policy
• Been subject to any form of harassment or bullying at work; or
• Witnessed the harassment of a colleague or any bullying or otherwise unacceptable behaviour on the part of a colleague.
• Workers who, in good faith, raise a genuine complaint under this procedure will not be subject to any unfavourable treatment or victimisation as a result of making a complaint.
• Any worker who believes that they have been the victim of discriminatory treatment or harassment, or who has witnessed discrimination or harassment, may choose to take either informal or formal action.

Where possible, the worker should talk directly and informally to the person whom they believe has discriminated against them or harassed them and explain clearly their objection to the other worker’s actions or conduct.  If the worker feels unable to approach the person whose actions or conduct is causing offence, if they have already done so but to no avail, or if the complaint is one of very serious harassment, they may elect to raise a formal complaint. Alternatively, the complaint can be raised informally with their manager, in which case the nominated person will try to assist the worker to find an informal solution to the problem.

The worker may raise the complaint in writing.

Any complaints made must identify the person who is alleged to have perpetrated discriminatory treatment or harassment, and give specific examples of the actions or conduct that the worker believes constitute discrimination or harassment.

Specific incidents should be highlighted, with times and dates and the names of any witnesses if possible.

The Company may then take any of the following steps:

Investigate the complaint.

Take steps to conciliate if appropriate and, after discussion, both parties agree this is an acceptable course of action.

Take formal action if this is appropriate.

In the event of serious allegations of harassment, the manager responsible will consider whether to suspend the alleged perpetrator of the harassment in order to prevent any further contact between the parties until the matter can be fully dealt with.

Suspension should, however, be done in a way that does not penalise the worker accused of discrimination or harassment, or prejudge the allegations.

The Company undertakes to investigate all complaints of discrimination and harassment objectively and confidentially.

The responsible manager’s investigation into the complaint will be handled with due respect for the rights of both the complainant and the alleged perpetrator.

Both parties will generally be separately interviewed as soon as possible and granted the right, if they wish, to be accompanied by a work colleague or trade union representative at their interview.

In advance of the interview with the alleged perpetrator of the discrimination or harassment, the worker in question must be informed in writing of the nature of the complaint against them.

At the interview, the alleged perpetrator must be given a full and fair opportunity to state their side of events, and explain any conduct that forms the basis of the worker’s complaint against them.

Following the investigation, the responsible manager will produce a written report setting out the findings on the specific complaints made by the worker.

This will usually be done within two weeks of the completion of the interviews.

A copy of the report will usually be given to both the worker and the alleged perpetrator of the discrimination, and a copy placed on the appropriate personnel file(s), but will otherwise be kept confidential.

If there are parts of the report that contain statements from third parties (e.g. other workers) that would identify the third party in spite of their reasonable expectation to the contrary, these parts may be excluded from the copies of the report supplied to the worker and the alleged perpetrator.

If it is apparent that the complaint is well-founded, prompt action will be taken to remedy the discrimination or stop the harassment and prevent its recurrence.

The outcome of the investigation into the worker’s allegations of discrimination or harassment may be (depending on what is established during the investigation and the interviews), that:

The complaint is well-founded and the alleged perpetrator of the discrimination or harassment is managed in line with the Company’s Disciplinary Procedure.

The allegations made by the worker are not viewed as discrimination or harassment and no further action is taken.

The worker’s complaint is found to be false or malicious, in which case disciplinary action may be taken against them.

Standards for future conduct are set, which could involve training.

Any worker who is found to have been guilty of bullying and/or harassment will be liable to disciplinary action, up to and including summary dismissal.

Disciplinary action will also be taken against any worker who is found to have made a deliberately false or malicious complaint of discrimination, harassment or bullying.

If the worker who has made the complaint is not satisfied with the outcome, they may appeal in writing to the manager, setting out the reasons for their dissatisfaction.

The appeal must generally be submitted within 2 weeks of receipt of the written report from the manager who handled the complaint.

The senior manager responsible for the appeal will convene a hearing with the worker to establish the grounds for their dissatisfaction and explore possible resolutions, having notified them of their right to be accompanied by a work colleague or trade union representative at the hearing.

The hearing will normally be held within 2 weeks of receipt of the worker’s written appeal.

Following the appeal hearing, the Company will reply to the worker, usually within a further 2 weeks, describing any action that they propose to take and the timescale, or informing the worker that the appeal has not been upheld and no further action will be taken.

If it is not possible to respond within the time periods stated above, the worker will be given an explanation as to the reasons and a new timescale set.

Records will be kept detailing the nature of the allegation of discrimination or harassment, the Company’s response, any actions taken, the reasons for them and the outcome.

Disciplinary Policy

JOBMATCHA’s Disciplinary Policy is the means by which rules are observed and standards are maintained. This policy primarily aims to help and encourage workers to improve rather than just be a way of imposing punishment.

It provides a fair and consistent method of dealing with any apparent shortcomings in conduct or performance and can help an worker to become effective again.

The Company believes that cases of minor misconduct or unsatisfactory performance are usually best dealt with informally with an informal discussion – often being all that is required to improve an worker’s conduct or performance.

However there will be situations where matters are more serious or where an informal approach has been tried but is not working and in these cases formal action will be appropriate.

All parties involved in the application of the Disciplinary Policy must respect the confidentiality of the process.

The Company may choose not to use the Disciplinary Policy for workers during their probationary period and/or for those with comparatively short service. This latter group may have a shortened version of the disciplinary procedure applied. In any event, the Company may, in any case, vary the procedure followed as it considers appropriate under all the circumstances.

Matters which may be dealt with under the Company’s Disciplinary Policy include but are by no means limited to:-

• Incapability:
• Poor performance;
• Incompetence;
• Unsuitability.
• Misconduct, examples of which can include:
• Poor timekeeping;
• Lack of application;
• Unauthorised absence from work;
• Persistent or irregular absenteeism;
• Minor damage to the Company’s property;
• Failure to observe the Company’s rules or procedures (or a minor breach);
• Abusive behaviour.
• Gross Misconduct, examples of which can include:
• Theft or fraud;
• Harassment or discrimination.
• Physical violence or bullying (or the threat of);
• Deliberate and serious damage to property;
• Serious misuse of the Company’s property or name;
• Deliberately accessing internet sites containing pornographic, offensive or obscene material;
• Serious insubordination;
• Unlawful discrimination or harassment;
• Bringing the organisation into serious disrepute;
• Serious incapability at work brought on by alcohol or illegal drugs;
• Causing or risking loss, damage or injury through serious negligence;
• A serious breach of health and safety rules;
• A serious breach of confidence;
• Falsification of reports, accounts, expense claims or absence self-certification forms;
• Serious breach of the Data Protection Legislation or the Bribery Act;
• Acceptance of a bribe, making or attempting to make a bribe, from/to commercial partners such as a client/prospective client or supplier/prospective supplier or government official;
• Serious breach of the Company’s Rules, Policies or Procedures including (but not limited to) Email and Internet Policy.

The examples stated above are for guidance purposes only and are not exclusive or exhaustive.

Any particular situation not covered above which the Company deems to warrant disciplinary action being taken will be dealt with under the Disciplinary Procedure as the Company considers appropriate.

In particular, conduct outside work which brings an worker or the Company into serious disrepute or which otherwise seriously and adversely affects that worker’s suitability to perform their job will be grounds for disciplinary action, up to and including dismissal.

The Disciplinary Procedure for Incapability and Misconduct/Gross Misconduct form part of this policy.

The Company reserves the right to withdraw or reduce an worker’s right to a bonus whilst disciplinary proceedings relating to them are ongoing.

This may also be the case for an worker who has been issued a disciplinary sanction during any review period.

Grievance Policy and Procedure

Grievances are concerns, problems or complaints raised by an worker. The Company understands that any worker may at some time have problems or concerns with their work, working conditions or relationships with other workers that they wish to raise with the Company.

The Company believes that grievances are best dealt with at an early stage, informally, normally with an worker’s immediate manager.

However, by having a formal grievance procedure in place the Company is able to give reasonable consideration to any issues which cannot be resolved informally and to deal with them fairly and consistently.

Pursuing the formal route should be the last, or the only, resort rather than the first option.

The Company’s grievance procedure is non-contractual and may be amended from time to time. Any questions concerning this procedure should be addressed to the People Team.

Stage 1 – Informal: Where an worker wishes to raise a grievance, they should first do this informally with their immediate team leader / manager.

If the grievance is against, or involves, the worker’s manager, the worker may raise the issue with the People Team or the manager’s manager.

If the grievance is against the People Team the worker may raise the issue with a Director.

Whoever has the grievance raised with them shall attempt to deal with the matter informally and as soon as is practicable after making such consultations and deliberations as they think necessary.

Stage 2 – Formal: If the matter is not resolved to the worker’s satisfaction within a reasonable time, then the worker may submit the grievance in writing to the People Team.

The written grievance should set out the nature of the complaint, including any relevant facts, dates, and names of individuals involved so that it can be investigated.

The People Team will nominate an appropriate manager to hear the grievance and will work with this manager to arrange a meeting which will be held without unreasonable delay after the written grievance is received.

The worker raising the grievance will be invited to attend the meeting and to explain their grievance and how they think it should be resolved.

The People Team may be present at the meeting and will support the grievance process.

The worker may choose to be accompanied at the meeting by a fellow work colleague, trade union representative or an official employed by a trade union. The Company must be informed of the name of the companion in advance.

If the worker or their companion cannot attend at the time specified they should let us know as soon as possible and the Company will try, within reason, to agree an alternative time.

The companion may address the meeting in order to present the worker’s case, sum up the worker’s case, respond on the worker’s behalf to any view expressed at the hearing, and confer with the worker during the meeting.

The companion may not answer questions on the worker’s behalf, or address the meeting if the worker does not wish it, or to prevent the manager hearing the grievance from explaining their case.

Workers choosing a companion should bear in mind that it would not be reasonable to insist on being accompanied by a work colleague whose presence would prejudice the meeting or who might have a conflict of interest.

Colleagues or trade union officials do not have to accept a request to be a companion and they should not be pressurised to do so.

Stage 3 – Appeal and final stage: If the worker is dissatisfied with the decision, they may appeal in writing against the decision within 5 working days of the date of the decision. The written appeal must confirm the grounds of appeal.

A meeting to consider the appeal will be held by an appropriate manager without unreasonable delay.

The appeal will be heard, wherever possible, by a more senior manager than the one who dealt with the original grievance and who has not previously been involved in the case.

The worker may choose to be accompanied at the meeting by a fellow

work colleague, trade union representative or an official employed by a trade union. The rules relating to the companion are as above.

If the worker or their companion cannot attend at the time specified they should let us know as soon as possible and the Company will try, within reason, to agree an alternative time.

The appeal process is a confidential one and all parties involved will only communicate information concerning the grievance to others where it is absolutely essential to do so.

The People Team will arrange for a note of the meeting to be taken and this will be shared for comment with the manager hearing the appeal, the worker raising the appeal and their companion.

If appropriate, the meeting can be adjourned for any investigation or deliberation that the manager hearing the appeal considers to be necessary.

Following the meeting, the manager’s decision will be communicated to the worker in writing, without unreasonable delay. The manager’s decision at this stage will be final and no further right of appeal is allowed.

 

Handbook support

If you have any questions regarding the contents of this handbook, please contact hello@jobmatcha.com