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The following definitions should be used to interpret this Agreement. The Agreement means this Employment Contract The Assignment means the period during which you are engaged to provide Services to the Customer or Client; The Clientmeans any third party other than a Customer for whom or at whose premises the Services are performed; The Client Agreement means the agreement between the Client and the Customer to provide the Services to the Client; The Commencement Date means the date on which the Employees Assignment commences following the Employees acceptance of this contract or, if the Employee has already started an Assignment before the Employee accepts this contract, the date the Employee accepts this contract; The Company means Papaya Pay Limited of 3 Laburnum Road, Urmston, Manchester, M41 7WN The Customer means a third party, comprising either an employment business or agency or other business and who is the party with whom the Company enters into a contract; The Customer Agreement means the agreement between the Company and the Customer to provide the Services to the Client The Employee mean the individual who has printed and signed their name at the bottom of this Employment Contract under Employee; Incapacity means sickness or injury leaving the Employee incapable of performing the Services; Remuneration is the aggregate of any monies payable by the Company to the Employee in respect of the Employee performing the Services; The Services mean those consulting services to be undertaken by the Employee as directed by the Client The masculine gender shall be taken to mean the feminine and the singular includes the plural and vice versa; References to persons include corporate bodies; Unless made in writing and signed by both parties, no modification, variation or amendment to this Agreement shall be considered to have come into effect.
If the Employee wishes to terminate his or her employment, the Employee must give the Company one months written notice. The Company must give the Employee notice in accordance with the current statutory minimum period of notice to terminate the Employee’s employment, which is; One week notice if you have been in continuous employment for more than one month but less than two years; and then After two years of continuous employment with the Company, an additional one weeks notice for each years continuous employment up to a maximum of 12 weeks’ notice. For the avoidance of doubt, there may be periods when there is no work available to you. In this regard, you will be employed by the Company during any period when you are not on assignment. When the Employee is not on assignment the Employee is obliged to contact the Company every Monday via telephone to confirm his/her availability to undertake further Assignments and to hold yourself available to accept suitable offers of work at all times upon the provision of reasonable notice. In the event that the Employee fails to contact the Company for any continuous period of four weeks following the end of the Employee’s last Assignment the Employee expressly agrees that the Company may choose to treat this as notice of termination of the Employee’s employment with immediate effect.
The Employee is employed by the Company with effect from the Commencement Date and Job Title is confirmed in the Initial Assignment Schedule. No probationary period applies to the Employee’s employment. The Company or Customer will assign the Employee from time to time to carry out the Services for Clients. In doing so, the Employee agrees to work at the premises where the Employee is assigned to work from time to time and to carry out those duties in a loyal and trustworthy manner. Whilst employed by the Company, the Employee must comply with all the Company’s reasonable rules, regulations and policies in force. The Employee is obliged to comply with any rules which the Client may ask the Employee to observe whilst working in any premises including any health and safety and drugs and alcohol policies to which the Employee may be assigned by the Customer or the Company. The Employee is required to accept and complete Assignments which are offered to them unless there are mitigating or exceptional circumstances. If the Employee wishes to terminate an Assignment, the Employee must give the Company at least one month’s notice. Termination of an Assignment is not termination of the Employee’s employment by the Company or by the employee and does not affect the continuity of the Employee’s employment. Should the Company or Customer terminate the Assignment for any reason, the Assignment can be ceased with immediate effect without liability to the Employee. The Company will actively assist the Employee to seek further assignments during periods where the Employee has been unable to secure one with another Customer or Client. The Employee may be required to undertake training provided by Clients from time to time, including in relation to the Client’s working practices and health and safety. Any compulsory training and/or training which the Employee must pay for will be set out in the relevant Assignment Schedule. Unless directed by the Company, or prevented by Incapacity, the Employee will devote his full time and abilities to the Services as required by the Company or Client and cannot engage in any other business or activity unless the Company has given its expressive permission. The Employee shall take and comply with such other measures as may be reasonably necessary in respect of precautions for safeguarding all persons and property as may be affected by the performance of the Services. You do not have a normal place of work. The Employee’s temporary place of work is the Client Address and/or as directed by the Company or Client. You will not be required to work outside the UK for periods exceeding one month. This Agreement replaces any previous arrangements (verbal or otherwise) relating to the Employment Contract of the Employee by the Company. This Employment Contract and the period of continuous Employment take effect on the Commencement Date. For the avoidance, no employment with a previous employer counts as part of your period of continuous employment with the Company. In the event the Employee commences the Services without signing the Agreement then the Employee will be deemed to have accepted the terms of this Agreement. The Employee will report to the Company at Bramhall House, 14 Ack Lane East, Bramhall, Cheshire, SK7 2BY but will work from such Client premises as may be required from time to time. By signing this contract you agree that the Company may communicate with you by SMS.
The Company undertakes at all time during the currency of this contract to use reasonable endeavours to allocate the Employee to suitable Assignments and (without prejudice to the Company’s rights under Clause 4) as a minimum guarantee that the Employee will be offered at least 336 hours of work on Assignment over the course of any full 12-month period commencing on the Commencement Date paid (and each annual anniversary) at a rate at least equivalent to the then current National Minimum Wage. The provisions of the Apportionment Act 1870 shall not apply to this contract. The Employee acknowledges that there will not always be a suitable Assignment to which the Employee can be allocated. The Employee acknowledges that there may be periods when no work is available for the Employee. In such circumstances, the Company has no obligation to pay the Employee when the Employee is not carrying out work or on an Assignment. The Employee is obliged to work when required by the Company. Your expected working hours on the initial Assignment are detailed in the Initial Assignment Schedule and for each subsequent Assignment we will endeavour to inform you of the expected working hours as early as practicably possible. The Employee’s assigned hours or work will vary according to the requirements of the Client. It is a condition of the Employee’s employment that the Employee works flexibly in accordance with these requirements. The Company will give the Employee as much advance notice as is reasonably practicable of the hours the Employee will be required to work. Under regulation 4(1) of the Working Time Regulations 1998, a worker's average working time, including overtime, must not exceed 48 hours a week unless the worker has previously agreed otherwise in writing. If the Employee wishes to opt out of this limit, meaning that his average working time may therefore exceed 48 hours a week, he should sign the schedule at the end of this contract.
The rate of remuneration will vary according to the rates agreed by the Company with Clients for whom you provide services. Your rate of pay will at all times be at a rate at least equivalent to the then current National Minimum Wage (or, if applicable, National Living Wage) currently in force and this will be termed your “Basic Pay”. The Company will pay you the basic pay for the hours that you work. In addition, you may be entitled to additional discretionary profit related pay in relation to work undertaken on each assignment. This will be based and calculated from the fee we receive from our Customer in relation to your Assignment to the extent that where your gross taxable pay (excluding holiday pay) exceeds your basic pay, it constitutes the additional discretionary profit related pay which is identified separately on your payslip as “Additional Taxable Wage”. The Employee shall keep a timesheet record of the hours spent performing the Services. The timesheet must show the number of hours the Employee has worked each day and be signed by both the Employee and the Client. The Employee must submit a copy of each timesheet to the Company. The Employee can only claim payments for hours worked that are supported by correctly completed and authorised timesheets. Original timesheets must be forwarded to the Customer. Payment will be made weekly in arrears directly into your nominated bank account on Friday of each week in respect of the hours worked during the preceding week(s), subject to deduction of income Tax and National Insurance. You may be able to claim allowable expenses in accordance with the Taxes Acts on the basis set out in the Company’s expense policy. The expense policy is not contractual and the Company may change its content at any time at its absolute discretion. You must submit any supporting evidence as required by the Company. For the avoidance of doubt, expenses will not count as pay for the purposes of the current applicable minimum wage. Where applicable, you are required to inform us as soon as it becomes apparent to you that you have worked or are likely to work at a particular location in excess of 24 months and, in any event, you must inform us when you have been working at a particular location for 20 months or more. You are required to cooperate with the Company to provide information so that the Company can determine whether or not you are eligible for expenses. The reimbursement of business related expenses is subject to you not being under the Supervision, Direction and Control (SDC) of the Client or any other party. The Company will carry out an SDC assessment and liaise with our Customer to establish your working practices with the Client. Thereafter, an SDC assessment will be repeated after 4 weeks of your initial assignment and at the commencement of each subsequent assignment. Failure to do so will mean the Company will not be able to process any expenses during the course of your employment. You must inform the Company in the event your working practices change. Failure to do so could render you liable for the Income Tax and National Insurance Contributions due on these amounts. In the event we discover an expense claim to be false, fictitious, fraudulent or otherwise not due we will deduct this from your pay and you will be subject to our disciplinary procedures. The Company shall be entitled to make the necessary legal deductions from the Remuneration for both the Employee and the Company as required by UK and/or foreign tax and social security authorities. Any overpayment by the Company to the Employee including, without limitation, any overpayments loans or advances made to you by the Company, shall be a sum of money recoverable from the Employee. If the final payment is insufficient to allow for the whole amount of any deduction, you will be required to repay any outstanding amount due to the Company within one month of the termination of your employment. Failure to do so will result in us using a third party (Shire Recoveries) to recovery this, which will result in the amount increasing. Subject to your participation in the Company’s Pension Scheme (pursuant to Clause 8 below), the Company will operate any Pension Contributions on a Salary Sacrifice basis. For a rolling period of 12 months from the initial Enrolment date into the Pension Scheme, you agree to sacrifice the statutory minimum contribution percentage under the Pension Act (as amended) from your salary in exchange for the Company contributing this amount to the Pension Scheme on your behalf. You have the right to opt out of this Salary Sacrifice Arrangement by striking this section out or putting your request in email/writing at any time. The Employee is not entitled to any benefits during his employment.
The Employee warrants that he: Has read and understood this Agreement, and Has the correct qualifications and experience to provide the Services, and Has the legal right to work in the countries he is required to provide the Services, and has provided evidence of this to the Company in accordance with the Asylum and Immigration Act 1996, and Has made the Company aware of any convictions or pending court action that have or might result in a prison sentence, and Has no criminal record, and Has no alcohol or drug related problems, and Is willing to undergo a drugs test prior to or after the Commencement Date if required, and Will supply the name, address and telephone number of business referees covering the last 5 years if requested to do so by the Company, Client or Customer, and Shall abide by the Client’s rules and regulations, and Shall immediately notify the Company of any complaints made by the Client, and Understands that the Employee shall not be an agent of the Company or the Client or in any way represent himself as such and does not have the authority to sign any document whatsoever and will not hold himself out as having such authority on behalf of the Company; any documents or similar which are signed by the Employee will not legally bind the Company, and Has the right to use all software that he may utilise in connection with the Services and that such use does not infringe any third party property rights and that all necessary licences in connection with the use of the software have been purchased, and Will at all times have adequate motor vehicle insurance that covers business use if the Employee is utilising a motor vehicle in connection with the provision of Services to the Client, and will not publicise or comment in the media on this Agreement, or the dealings of the Company or the Client without the express prior written approval of the Company; and the provisions of this Clause shall survive the expiry or termination of this Agreement, and Will submit timesheets to the Company within 7 days of the end of the week, if weekly, or month, if monthly and Will abide by the terms and conditions of the Customer Agreement.
You are currently entitled to 28 days annual leave, which includes 8 Public Holidays, per full working year (260 working days) in accordance with the Working Time Regulations 1998. If you work less than 260 days in a full working year your entitlement to paid annual leave will be pro-rated accordingly. The Company’s holiday year is from 1st January to 31st December. Holiday must be taken in the holiday year in which it accrues and may not be carried forwards from year to year unless with the express agreement of the Company, or because you have been prevented from taking it in the relevant holiday year by one of the following: a period of sickness absence or statutory maternity, paternity, adoption, shared parental, parental or parental bereavement leave. You must ensure that you take any accrued holiday before the end of the holiday year or before termination of your employment (if sooner). You earn holiday pay at the rate of 12.07% of your gross basic pay plus 12.07% of gross profit related pay you receive. Holiday pay will be rolled up and will be paid to you on a weekly/monthly basis unless you inform us otherwise (see clause 7.5) in addition to your basic pay and profit related pay and shown as a separate and distinct amount on your payslip. For the avoidance of doubt, and subject to clause 7.4, when you take annual leave you will not receive any additional payment in respect of the leave actually taken as payment for such leave has already been made. In the event of receiving a specific request, holiday pay will be accrued and retained in a holiday fund and paid to you when you take annual leave. If you have chosen this option, then on termination of employment, you will be entitled to be paid in lieu of accrued but untaken holiday, calculated in accordance with the formula in regulation 14 of the Working Time Regulations 1998. If on the termination of your employment, you have taken holidays in excess of the statutory holiday entitlement which has accrued to you at that time, the Company shall be entitled to deduct from any payment due to you the excess holiday pay which will be calculated in accordance with the formula in regulation 14 of the Working Time Regulations 1998. The Company reserves the right to require you to take any unused holiday during your notice period or during periods when no work is available.
The Company will comply with its employer pension duties in accordance with relevant legislation (if applicable). As such, you will be automatically enrolled, have the right to opt in or be entitled to join a pension scheme provided by the Company. The category which you qualify under will be determined by your age and earnings at the end of each pay period. If you meet the criteria which requires you to be auto enrolled in the pension scheme, you will be entitled to opt out. As per Clause 5.12, the Company’s Pension Scheme is operated on a Salary Sacrifice basis. Further details will be provided to you by the Company’s pension scheme provider by email/in writing within 6 weeks of your employment commencing.
The Company will pay the Employee for any absences due to sickness in accordance with his entitlement under the UK Statutory Sick Pay Scheme. In the event of the Employee’s absence for whatever reason the Employee should contact the Company as soon as possible before the normal starting time on the first day of the absence to inform them of the reason for the absence. If the absence is due to sickness, and lasts for up to 7 consecutive days (including weekends) a self certification form must be completed and sent to us as soon as possible stating the reason for absence. Copies of the form will be supplied to the Employee, or can be obtained from Bramhall House, 14 Ack Lane East, Bramhall, Cheshire, SK7 2BY. In respect of absences, due to sickness, injury or accident, lasting 7 days or longer, a medical certificate signed by the Employee’s doctor stating the reason for the absence must be sent to Bramhall House, 14 Ack Lane East, Bramhall, Cheshire, SK7 2BY. Further medical certificates should be sent thereafter as required, to ensure that the entire period of absence is duly covered by such certificates. Failure to follow these requirements may result in disciplinary action and loss of Statutory Sick Pay. Provided that the Employee complies with the requirements of clauses 9.1 to 9.4 above, the Company will pay Statutory Sick Pay in accordance with the provisions of the applicable legislation. For the purpose of the Statutory Sick Pay scheme the ‘qualifying days’ are those days that the Employee would normally have worked for the Company over the period of 12 weeks prior to the date of sickness. If you become unavailable for work, you must notify the Company immediately stating the reasons for your unavailability.
The Employee may be eligible to take the following types of paid leave, subject to any statutory eligibility requirements or conditions and the Company's rules applicable to each type of leave in force from time to time: statutory maternity leave; statutory paternity leave; statutory adoption leave; shared parental leave; and parental bereavement leave. Further details of such leave are available from Papaya’s HR department by contacting 01625 539997 or emailing [email protected].
In accordance with it’s rules and dismissal and disciplinary procedures the Company is entitled to dismiss you without notice in the event of serious misconduct and/or serious negligence. For the avoidance of doubt, acts or behaviour which constitute serious misconduct shall be taken to include (but not restricted to) the following: The Employee becomes the subject of a bankruptcy order or an interim order under the Insolvency Act 1986; The Employee is convicted of any criminal offence (other than a road/traffic offence for which the penalty is other than imprisonment); The Employee commits or is reasonably believed by the Company to have committed any act of dishonesty, theft, falsifying timesheets or otherwise claiming that you worked on assignment during hours in which you did not in fact work, or another act which may seriously affect his ability to discharge his duties; The Employee does not pass a drugs test, if required, to the satisfaction of the Company, Client or Customer; The Employee becomes guilty of any serious or persistent neglect in the discharge of his duties, or wilfully or persistently breaches any of the provisions of this Agreement; The Employee commits any act or conducts himself in rude, offensive and threatening behaviour to the Company, its Clients or their Employees, which brings the reputation of the Company, Customer or the Client into disrepute; The Employees references are, at any time, deemed unsuitable by the Company, Client or Customer; Fraud Breach of confidentiality Malicious damage to property, including the introduction of viruses and other damage to computer systems; Breaches of the Company or Client internet use policy, including downloading pornographic or other prohibited or illegal material; Negligence resulting in serious loss, damage or injury to the Company, its Clients or their employees; Serious breaches of Health and Safety regulations; Attempting to perform any duties while under the influence of alcohol and/or drugs; Failure to notify us by the required deadline of any period in which you anticipate not being on assignment; Failure to comply with requirements of the Company concerning your availability for work during periods when you are not on assignment; Refusal to accept a reasonable offer of work under an assignment; “reasonable” referring both to the kind of work offered and the notice given; Failure to hold oneself available for future offers of work as required by Clauses 2.2 above; Failure to submit timesheets in respect of work done by you and; Conviction for any serious criminal offence. The Company reserves the right at any time in its absolute discretion to make a payment of basic salary in lieu of all or any part of your entitlement to notice.
The Employee shall at any time during this Agreement or at any time after its termination or expiry, maintain as confidential all information of a confidential or commercially sensitive nature which the Employee receives from the Client and/or the Customer and/or the Company (“Confidential Information”) and shall only use the same exclusively for the purposes of this Agreement; The Employee shall not make use of any unauthorised Confidential Information belonging to the Client; The Employee shall immediately notify the Company should they become aware of the possession, use or knowledge of any of the Confidential Information by any unauthorised person, whether during or after the term of this Agreement and shall provide such assistance as is reasonable to deal with such an event; The Employee agrees to sign any confidentiality agreement provided to him by the Client in such form as the Client may reasonably require; All property, software and other materials supplied by the Client or that is created in providing the Service shall be and shall remain the property of the Client.
All intellectual property rights created as a result of this Agreement shall vest in the Client and the Employee assigns by way of future assignment the Intellectual Property Rights to the Client and hereby agrees to waive any moral rights he may have; The Employee agrees that all Intellectual Property Rights and any other proprietary rights whatsoever in any documentation and other materials, including computer programs provided by the Company and/or the Employee in connection with the performance of the Services, shall vest in the Client and the Employee agrees to assist the Client in obtaining any necessary licence or patent in relation to such copyright and all other Intellectual Property Rights; The Employee warrants that they have the right to use all software that they may utilise in connection with the Services and that such use does not infringe any third party property rights and that all necessary licences in connection with the use of all software have been purchased.
This sub clause 14.1 shall only apply where the Company and the Employee have opted out of The Conduct of Employment Agencies and Employment Business Regulations 2003 as amended from time to time. The Employee shall not, for a period of six months following the termination or expiry of this Agreement be engaged (directly or indirectly or through an agency or business other than the Customer) in the performance of or provision of consultancy services for the Client, or any member of the Clients group of companies, or any customer of the Client for whom the Employee provided Services or was introduced to during the Employment Contract; The Employee will not seek to induce any person to divulge any information relating to the Company or the Client or to otherwise act in breach of this Agreement; The Employee will not directly or indirectly induce or seek to induce any employees of the Client to leave its employment.
The Company’s Disciplinary and Grievance Policy and Procedures can be viewed and downloaded from our website https://www.wearePapaya.co.uk/grievance-procedure/ or can be provided by email or post upon request. These policies and procedures are not contractual and the Company may change the terms at any time at its absolute discretion. The Company reserves the right to discipline the Employee in relation to any Client complaint regardless of whether the assignment to which the complaint relates is continuing at the date of such complaint or disciplinary action. Any grievance should be brought to the attention of your Account Manager in the first instance. If your Account Manager is unable to resolve, this should be referred to a Director. Full procedural details can be found in the Disciplinary and Grievance Policies If you are dissatisfied with any disciplinary or dismissal decision taken in relation to you, or you are unhappy with the outcome of a grievance then you should refer to the appeal procedures contained within the policies. All appeals will be dealt with by a Director, different to that who dealt with the initial grievance or disciplinary.
Personal data, including but not limited to names, addresses and other sensitive personal information collected on the Personal Details form of the Employee is incorporated in the Company’s database, and the Employee hereby agrees to the storage and processing of personal data for the purposes of providing the Services, making the personal data available to the Customer (when requested), running the Company’s business and to it being made available to other subsidiaries or parents of the Company. It will not be transferred to any independent third parties, save as set out above, unless the whole or part of the Company is sold. The Employee can request that the Company amend, update or delete the personal data by writing to the Data Protection Officer of the Company at the address shown above. The Company will deal with such requests within the timescales set out under GDPR. The Company will retain your data for no more than 12 months following the termination of Employment other than data which is legally necessary for us hold to comply with HM Revenue & Customs, Health & Safety and any other relevant regulatory bodies. The Company’s Privacy Policy, which is available and reviewed/updated annually on our website, refers to how we deal with your data, your rights and any third parties that we may share your information with.
This Agreement sets out the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes and replaces all prior communications, representations, warranties, stipulations, undertakings and agreements whether oral or written between the parties and may not be varied except in writing as agreed between the parties. Al other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law; The terms and conditions contained or referred to in this Agreement relating to the supply of the Services shall be to the exclusion of any terms and conditions submitted at any time whether printed or sent with any order form or otherwise.
You are under a statutory duty under the Health and Safety at Work Act 1974 to observe all health and safety rules and to take all reasonable care to promote the health and safety of yourself and others. Whilst employed by the Company you must comply with all the Company’s rules, regulations and policies from time to time in force and rules which the Company’s Clients/Customers may require you to observe whilst working on their premises.
From time to time, the Company’s Customers may fall within the definition of an Employment Agency or Employment Business as defined in the Conduct of Employment Agencies and Employment Business Regulations 2003 (the Regulations). These Regulations contain a provision for you to opt-out. By signing this contract you confirm that you wish to opt-out of the Regulations where it is legally permissible to do so (Opt out cannot apply where the worker ‘is or would be involved in working or attending any person who is under the age of 18, or who, by reason of age, infirmity or any other circumstance, is in need of care or attention). Without limitation to your right to withdraw your agreement to opt out of the Regulations, you agree that an opt-out notice may be given in accordance with Regulation 32 of the Regulations on each occasion that you or a Customer of the Company inform the Company of a new project. You hereby confirm that you allow the Company to sign any opt-out clauses on your behalf.
The AWR came into force on 1 October 2011, giving you the entitlement to the same basic employment and working conditions as if you had been recruited directly, if and when you complete a qualifying period of 12 weeks in the same job. The Company will be treated as a ‘Temporary Work Agency’ for the purposes of these Regulations. Under these Regulations, from day one, you will become entitled to receive access to certain collective facilities and amenities and information relating to vacancies, as is available to a comparable worker as identified by the Client. When the qualifying 12 week period has been completed, you will also become entitled to “basic working and employment conditions” as if you had been recruited directly. Such rights include equal treatment on pay, duration of working time, night work, rest periods, rest breaks and annual leave, commonly known as ‘Regulation 5 Rights’.
This agreement shall be governed and construed in accordance with the laws of England and Wales. Each party hereby submits to the exclusive jurisdiction of the English courts as regards any claim, dispute or matter arising out of or in connection with this Agreement and its implementation and effect.
It is agreed that these Terms and Conditions of Employment and any Assignment Schedule set out the entire agreement and understanding of the parties. The Company reserves the right to vary these Terms and Conditions of Employment which will be notified to you within one month of which will be deemed to have been accepted by you unless you notify the Company of any objections within 7 days of receiving notification of the variation. The Employee acknowledges that they have received a copy of this Agreement and that they have read and understood the same and agree to be bound by all contractual terms contained in it. The Employee further agrees that he/she has checked that his/her address and payment details are accurate. A copy of our employee handbook can be found on our website https://www.wearePapaya.co.uk/wp- content/uploads/2021/09/Employee-handbook.pdf and by signing these Terms and Conditions of Employment you declare you have read and understood this.
Under regulation 4(1) of the Working Time Regulations 1998 a worker's average working time, including overtime, must not exceed 48 hours a week unless the worker has previously agreed otherwise in writing. Please sign below to confirm your agreement that this limit on your working hours will not apply, and that your average working time may therefore exceed 48 hours a week. You may terminate this agreement by giving one month’s written notice at any time. Unless it is terminated in this way, this agreement shall remain in force until your engagement with us ends You may choose whether to sign this agreement and we will not subject you to any detriment if you do not sign it or if you exercise your right to terminate it. I agree that the statutory maximum average working time of 48 hours a week shall not apply to any Assignments I undertake with Papaya Pay Limited and that my average working time may therefore exceed 48 hours a week.
Our Health & Safety manual is available on request, and we would encourage all workers to inspect this before commencement of an assignment.
A Manual Handling Operation is any transporting or supporting of a load, including the lifting, lowering, putting down, pushing, pulling, carrying or moving, by hand or by bodily force. Picking up and carrying a toolbox or a step ladder or even picking up a screwdriver or hammer, or a set of stocks, is manual handling, just as unloading and positioning a boiler might be. Anything from the extremely light to something requiring your maximum strength is included. Manual Handling accounts for a large number of accidents each year and many millions of days off are due to back and other injuries. Once a person’s back has been weakened by injury it is often a recurring problem for the rest of that person’s life. All Manual Handling Operations are governed by the Manual Handling Operations Regulations. Our employees have a duty to make full and proper use of anything provided on site in connection with manual handling. This includes following any advice and training given on lifting, etc. As our employee, you should avoid the need for manual handling wherever possible. Assess the risk. Reduce the need by providing mechanical aids. Refer to any on-site Manual Handling guidelines and techniques.
Think before lifting. Is it heavy (above 5kg)? Is it large or awkward? Where is the centre of gravity? Can you manage it alone? Use the strong muscles and bones of your legs, not the complex and vulnerable ones in your back. Make sure you have a firm grip of the load and that you can sustain the grip for the duration of the lift. Wear industrial gloves to improve grip and protect hands from sharp edges. Make sure you know where you are going to put the load and that the way is clear of obstacles and not slippery. The load must not impede your forward view If in doubt, get help! There’s nothing macho about a slipped disc.
Lifting Technique Tuck chin in, this keeps back as straight as possible and therefore least vulnerable. Feet as close to load as possible, about hip width apart, one foot slightly in front. Bend the knees and crouch down. Take a full grip, using palms, not fingertips. With elbows tucked in, straighten the leg, lifting smoothly. Carry the load forward at waist height. Change direction by turning on your feet, not by twisting the trunk. Put down in the same careful way and continue being careful as you straighten up.
There is a difference between being aware of Safety in a vague, general way and being Safety Aware. The second implies a continuous alert attitude to the safety aspects of every job we do. The Health & Safety at Work Act places duties on ALL persons at work. That includes you, your Supervisor and your Managers. Indeed, everyone at work. The only way the accident figure will come down is by everyone doing their bit about safety. Your legal responsibility is to take reasonable care of your own health and safety and to safeguard the health and safety of those you work with and members of the public. You must co-operate with your Supervisor in anything he does in the interest of health welfare and safety, and not interfere with anything provided in the interests of health and safety. Fines can be imposed. This includes wearing any Personal Protective Equipment (PPE) provided and using any safety equipment when provided and as instructed. If unsure about its use ASK! Every site will have a written Safety Policy. Make sure you read it, and note the arrangements which affect you. Play your part in keeping the site TIDY AND SAFE. Look out for warning notices and OBEY the instructions given by them. STAY ALERT when working in the vicinity of moving plant, air handling unit moving parts, pump drives, boilers etc. DO NOT OPERATE machinery unless you have been trained and authorised to do so. NEVER RIDE on anything which is not designed for passengers. It is illegal. DO NO INTEREFERE with ladders or alter scaffolding or move boards unless you are authorised to do so. NEVER THROW anything from any height. Lower it properly. DO NOT TAKE SHORTCUTS. Use the access provided REPORT any DEFECTS or damage to ladders, scaffolding, plant or tools - at once to your Supervisor. REPORT any UNSAFE situations or practices you come across. REPORT all ACCIDENTS involving injury, however slight, to your Supervisor. Details of an accident requiring first-aid treatment must be entered into the Accident Book. ASK your Supervisor if in doubt about the safety of any work activity.
We all work with hand tools practically every day. Familiarity can lead to complacency. Faulty tools or wrongly used tools can cause nasty injuries and produce poor quality work. Taking reasonable care of your own Health and Safety, means keeping tools in good condition and using them expertly. Sharp tools, which cut steel, can cut flesh without trouble. Hammers, which can drive nails, can squash fingers too. Work Equipment Regulations require you to ensure that tools are “suitable” and maintained in good order. They rely on you, as skilled trade persons, to assist them in this by reporting immediately if something is not suitable or is broken. The following points are areas where care is needed: Spanners, must be the right size or else they are automatically not “suitable”. Ring spanners are better than open ended spanner. Open ended spanners are generally better than adjustable spanners. Adjustable Spanners; although very convenient, these can very quickly become dangerous due to wear on the jaws and adjusting mechanism. If the jaws are no longer more or less parallel, or the sliding jaw is wobbly, report the tool as “unsuitable”. Stillsons; these also suffer over time from wear on the mechanism. The spring will take up a certain amount of wear, but if the spring is exhausted, or the gripper teeth on the jaws are worn out, report the tool as “unsuitable”. NEVER attempt to gain extra leverage by using pipe over the handle. If the requirement arises obviously, the tool is too small and therefore “unsuitable”. Files; the handle is part of the tool. Without a handle the tool is “unsuitable” and the tool extremely dangerous. Files are very brittle and must not be used as levers or chisels. If a file breaks, fragments or sharp metal are likely to fly off. Cold Chisels and Punches; when the head turns over after prolonged use, forming a “mushroom”, grind it off to prevent flying fragments. Keeping chisels sharp reduces the tendency for “mushrooming”. Hammers’ Use the right weight hammer for the job. Ensure hammer heads are secure, with proper wedges (good order). Never shorten a hammer shaft as these spoils the balance and could strain the wrist. Screwdrivers; these should fit the slot in the screw head, so use the correct size. The point should be “cross ground” to minimise the risk of slipping. Do not use them as chisels. Cross Point (Phillips) screwdrivers are not generally re-sharpenable, so discard when wear makes them unsuitable. Knives; Retractable knives (Stanley) are commendable, but do not abuse them where a preferable alternative exists e.g. Cable stripping. Use a purpose made cable stripper. Hacksaws; Use the correct size with the correct blade for the job. High Speed blades last longer, but are very brittle. Slow steady cutting keeps the blade cool and gives better results. Always make sure the work is properly secured before starting to cut.
Much of our work involves equipment deliberately put out of reach. We therefore need to use access equipment (steps, ladders, towers, and scaffolding) to get at it. More accidents occur involving ladders than any other piece of work equipment. This is because there are so many of them, not because they are particularly dangerous. A few easily remembered rules can ensure ladder safety. The use of ladders is covered by the Work Equipment Regulations and Construction (Working Places) Regulations (on construction sites).
Only use ladders for work of short duration and which can safely be done from a ladder, e.g. work requiring only one hand and within easy reaching distance. Ladders must be of sound material, strong enough for the purpose and properly maintained. (No splits, warping, decay, damage etc.). A missing or defective rung condemns a ladder automatically. Wooden ladders must not be painted. Ladders must have firm footing for each stile and if more than 3m long be secured at the upper end, i.e. be lashed. Where such lashing is not possible, securing at or near the base is necessary. Where securing at neither the top nor bottom is possible, a person must “foot” the ladder. Maximum height to be reached by ladder is 9m unless a resting place can be provided (great heights require a scaffold or tower to ensure “Safe Place of Work”). Ladders used for access to a higher level must extend at least 1.06m above the landing place unless other regulation height hand is provided. Ladders must be placed at a safe angle. The distance from base of ladder to the wall should be ¼ height reached by the ladder. Only one person should stand on a ladder at one time, except when a second person is standing on the bottom rung to “foot” the ladder. When climbing or descending ladders, both hands are needed, so carry tools etc. in a shoulder bag or such like (or hoist them up afterwards). Do not use metal ladders near electrical equipment. Do not use ladder in a driveway or passageway unless protected by barriers or an assistant is constantly in attendance.
Folding step ladders are an extremely convenient way of accessing work, which is out of reach, but familiarity can lead to carelessness. Falling off a step ladder is not less serious than off an ordinary ladder so equal care is called for. (The floor is just as hard). Step ladders are covered by the same regulations as ordinary ladders regarding construction and materials and this is even more critical because of the extra parts required to make them foldable. Establishing a habit of checking off a mental list each time a pair of steps is used will lead to safe working. Steps are probably the most “borrowed” item of all site equipment and although this may be frown upon, it is unlikely to be stopped. Always check “borrowed” steps doubly well as it is still your responsibility to ensure your own safety.
Steps must be suitable. “Domestic” weight steps are not normally appropriate for “industrial” use. Check anti-spread device (cords, clips, brackets, etc.). Remember, if its defective it’s illegal! Check folding mechanism (hinges, pin, rivets, etc.). Always spread the ladder to its fullest extent, so that it can’t suddenly jerk while you are on it. Ensure that all four sites are on firm, level ground. Use of an unsteady step ladder is an offence! You must always have a secure handhold not less than 1.06m above the highest level reached by your feet. Clearly this means you cannot stand on the top steps unless there is some other handhold e.g. an extension. Place the ladder at right angles to the work so that twisting the body is not necessary. Try to visualise where the centre of gravity of you, any tools or materials, and the ladder, lies so that it stays within the base area of the ladder. An assistant standing on the bottom step lowers the centre of brevity very effectively, but make sure they understand and so do not step off suddenly.
You must comply with the minimum PPE (Personal Protective Equipment) guidelines on site or you will NOT be allowed on site. The minimum requirements if PPE is not provided are: Steel Toe Cap Safety Shoes/Boots Black/Navy Blue Work Trousers, black/navy blue polo t-shirt, shirt or jumper. NO FASHION BRANDS OR LOGOS!
The tools listed below are the minimum requirement and you should have these available to you when going on a temporary assignment. All contractors must arrive on a contract with basic hand tools and suitable work wear (Blue polo shirt & trousers).
Set of Screwdrivers Hammer Pliers/Cutters Stanley Knife Voltage Tester Tape Measure
Set of Screwdrivers Adjustable Spanners Pipe grips/spanner Stanley Knife Junior Hacksaw Pipe Cutters
Set of Screwdrivers Adjustable Spanners Pipe grips, spanner Stanley knife Voltage Tester.
Nail Bag Chisels Planes Wood Saw Hammer Stanley Knife
Set of Screwdrivers Spanners Adjustable Spanner Junior Hacksaw/Pipe Cutters Tape Measure Hammer Stanley Knife
Set of Screwdrivers Hammer Junior Hacksaw Pliers Adjustable Spanner Stanley Knife Tape Measure