Policies and Procedures
T1SMS is forged from a wealth of experienced individuals with a variety of fields and backgrounds to ensure we provide services that will not only meet your needs but exceed your expectations. The standard of work we provide is never compromised, regularly completing quality control checks, updating our business practices and continuously adapting and developing wherever possible. Our values and principles remain at the heart of our entire operation
t1SMS management team
Privacy & Data
Effective: 01st January 2024
Welcome to the privacy notice for TMS Protect Ltd (TMSProtect.com)
TMS Protect respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our websites (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. IMPORTANT INFORMATION AND WHO WE ARE
PURPOSE OF THIS PRIVACY NOTICE
This privacy notice aims to give you information on how TMS Protect collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to receive information, purchase a product or service, complete a survey, application or other forms or take part in a competition.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
CONTROLLER
T1 Security Limited is the controller and responsible for your personal data (collectively referred to as ”COMPANY”, “we”, “us” or “our” in this privacy notice).
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Protection Officer using the details set out below.
CONTACT DETAILS;
Full name of legal entity: TMS Protect Ltd
Name or title of Data Protection Officer: Lee Badman
Name or title of Contact at TMS Protect: Shantelle Badman
Postal address:
TMS Protect Ltd, 7 Easton Road, Lawrence Hill, Bristol, BS5 0BY
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES
This version was last updated on 01/01/2024 and can be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
THIRD-PARTY LINKS
To facilitate HR, Scheduling and Payroll, this website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOUR PERSONAL DATA, OR PERSONAL INFORMATION, MEANS ANY INFORMATION ABOUT AN INDIVIDUAL FROM WHICH THAT PERSON CAN BE IDENTIFIED. IT DOES NOT INCLUDE DATA WHERE THE IDENTITY HAS BEEN REMOVED (ANONYMOUS DATA).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
- Usage Data includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
- We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, political opinions, trade union membership and genetic and biometric data.
For recruitment purposes we are obliged to collect information about criminal convictions and offences, sexual orientation and information about your health and wellbeing. This will not be used as a means measure but is vital for us to address you in the correct manner and ensure you are physically capable to perform duties expected of you for the roles/positions to which you have applied. If your physical condition prevents us being able to offer your chosen role, we may be able to offer you alternative employment.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with employment or services). In this case, we may have to cancel employment or services you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Interacting with us on or through our website.
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our employment or services;
- create an account on our website;
- subscribe to our service or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback.
- Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below
- Technical Data from the following parties:
- analytics providers such as Google based outside the EU;
- advertising networks Google Adwords based outside the EU; and
- search information providers Google or Bing based outside the EU.
- Contact, Financial and Transaction Data from providers of technical, payment and delivery services as Stripe or PayPal based outside the EU.
- Identity and Contact Data from publicly available sources such as Companies House based inside the EU.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Please visit ico.co.uk to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal basis we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity | Type of data | Lawful basis for processing including basis of legitimate interest |
---|---|---|
To register you as a new customer/employee | (a) Identity (b) Contact | Performance of a contract with you |
To process and deliver your order including: (a) Manage payments, fees and charges (b) Collect and recover money owed to us | (a) Identity (b) Contact (c) Financial (d) Transaction (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to recover debts due to us) |
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy notice (b) Asking you to leave a review or take a survey | (a) Identity (b) Contact (c) Profile (d) Marketing and Communications | (a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
To enable you to partake in a prize draw, competition or complete a survey | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications | (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business) |
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation |
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical | Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy) |
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences | (a) Technical (b) Usage | Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy) |
To make suggestions and recommendations to you about goods or services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile | Necessary for our legitimate interests (to develop our products/services and grow our business) |
MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms to enable you to make certain decisions about your personal data use:
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
THIRD-PARTY MARKETING
We will get your express opt-in consent before we share your personal data with any company outside T1SMS for marketing purposes.
OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any time by contacting us directly.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Selected external third parties for the purpose of fulfilling the terms of contract with you.
- Specific third parties such as Google, Amazon, Deputy, Xero or Slack.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
- We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting us.
In some circumstances you can ask us to delete your data: see request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see definitions in glossary:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Right to withdraw consent.
- If you wish to exercise any of the rights set out above, please contact us.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
10. GLOSSARY
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
EXTERNAL THIRD PARTIES
- Service providers acting as processors based inside or outside the EEA who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Third party processors including market researchers, fraud prevention agencies, communication tools or systems, printers, analytical tools or data storage companies.
YOUR LEGAL RIGHTS
You have the right to:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Effective: 01st January 2024
This Acceptable Use Policy describes the terms between you and us under which you are allowed to access our websites www.TMSProtect.com, www.medsec.academy, www.4titude.pro (our websites). This acceptable use policy applies to all visitors to all our websites.
Your use of our websites means that you agree to abide by and accept all the policies in this acceptable use policy, which supplement our Terms and Conditions of Website Use
www.TMSProtect.com and related websites are operated by TMS Protect Ltd (we or us). We are registered registered in England and Wales under company number 14674232 and with our registered office at, 9 Wheatstone Court, Waterwells Business Park, Quedgeley, Gloucester, England, GL2 2AQ which is also our main trading address.
Prohibited Uses of our Websites
You may use our websites for lawful purposes only. You are not permitted to use our websites:
- In any way that is in breach of any applicable national, international or local law or regulation.
- In any way that is fraudulent or unlawful, or has any fraudulent or unlawful purpose or effect.
- To transmit, or procure the sending of, any unauthorised or unsolicited promotional material or advertising or any other form of similar solicitation (commonly known as ‘spam’).
- To knowingly receive, send, download, upload, use or re-use any material which does not comply with our standards of content which are set out further in this acceptable use policy.
- For the purpose of attempting to harm or harming any minors in any way.
- To knowingly transmit any data or send or upload any material that contains Trojan horses, worms, time-bombs, keystroke loggers, viruses, spyware, adware or any other harmful programs or similar computer code which is designed to adversely affect the correct operation of any computer software or hardware.
You also agree:
- Not to duplicate, reproduce, copy or re-sell any part of our website in contravention of our Terms and Conditions of Website Use.
- Not (without authority) to access, interfere with, disrupt or damage:
- any section or part of our websites;
- any network or equipment on which our websites are stored;
- any software which is used in the provision of our websites; or
- any network or software or equipment which is owned or used by any third party.
Interactive Services
We may from time to time provide services which are interactive on our websites, which may include, without limitation:
- Chat rooms.
- Bulletin boards.
- E-learning courses
(interactive services).
Where we provide any type of interactive service, we will also provide you with clear information to you setting out the kind of service offered, whether it is moderated and what form of moderation is used (such as, for example whether it is technical or human).
We will make our best efforts to consider and assess any possible risks that exist for users (and in particular, for minors) from third parties when they use any of the interactive services which are provided on our websites, and we will consider in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation it is appropriate to use) taking account of those risks. However, we are not under any obligation to monitor, oversee or moderate any particular interactive service which we provide on our websites, and we expressly exclude our liability for any damage or loss which arises from the use of any particular interactive service by a user which is in contravention of our standards of content, whether the service is moderated or not.
The use of our services which are interactive by any child is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their online safety, as moderation is not foolproof. Children who use any interactive service should be made aware of the potential risks to them.
Where we moderate an interactive service, we will normally provide you with a way of contacting the moderator, should any particular concern or difficulty arise.
Standards of Content
These standards of content apply to all and any material which you contribute to our websites (contributions), and to any interactive services which are associated with it.
You must ensure that you comply with the spirit and the letter of the standards, which are set out below. The standards apply to the whole of each contribution as well as any part.
Contributions must:
- Ensure that they are accurate (where they include facts).
- Ensure that they are genuinely held (where they state opinions).
- Comply with the law applicable in the UK together with any country from which they are posted.
Contributions must not:
- Contain any material which is in any way defamatory of any person.
- Contain any material which is offensive, hateful, inflammatory or obscene.
- Promote or encourage sexually explicit material.
- Promote or encourage violence.
- Promote or encourage discrimination based on sex, race, nationality, religion, disability, age or sexual orientation.
- Infringe any database right, trade mark of any other person or copyright.
- Be likely to deceive anybody.
- Be made in breach of any duty owed to a third party, including but not limited to a contractual duty or a duty of confidence.
- Promote any activity which is illegal.
- Be threatening, abusive or invade another person’s privacy, or cause distress, annoyance, or inconvenience.
- Be likely to upset, harass, embarrass, annoy or alarm any other person.
- Be used to misrepresent your identity or affiliation with any person or to impersonate any other person.
- Give the impression (if this is not the case) that they emanate from us.
- Promote, advocate or assist any unlawful act such as (for example only) computer misuse or copyright infringement.
Suspension and/or Termination
We will determine, at our absolute discretion, if there has been any breach of this acceptable use policy through your particular use of our websites. When a breach of this policy has taken place, we may decide to take such action as we deem appropriate.
Failure to comply with this acceptable use policy amounts to a material breach of the Terms and Conditions of Website Use under which you are allowed to use our websites, and may result in our taking any or all of the following actions:
- Immediate withdrawal of your right to use our websites (whether temporary or permanent).
- Immediate removal of any posting or material uploaded by you to our website (temporarily or permanently).
- Issue of a warning to you about your conduct.
- Legal proceedings against you for reimbursement of all costs we have incurred on an indemnity basis (including, but not limited to, legal costs and reasonable administrative costs) which result from the breach.
- Further legal action may be taken against you.
- Disclosure of any such information to law enforcement authorities as we reasonably feel is appropriate and necessary.
We exclude all liability for actions taken in response to breaches of this acceptable use policy. The responses set out in this policy are not limited, and we may take any other action we reasonably deem to be appropriate depending on the particular situation.
Variation of the Acceptable Use Policy
We may vary this acceptable use policy at any time by making amendments to this page. You are expected to check this page from time to time to take note of any changes we make, as such changes are legally binding on you. Some of the provisions which are contained in this acceptable use policy may also be superseded by provisions or notices which are published elsewhere on our websites.
Effective: 01st January 2024
INFORMATION ABOUT OUR USE OF COOKIES
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our websites, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. Whilst we endeavour to keep this list accurate, third parties may be subject to change and may not all be listed. We have no control over the expiry of third party cookies.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Effective: 01st January 2024
TMS Protect Ltd commitment to GDPR
The General Data Protection Regulation (GDPR) has been described as a “game changer for everyone” by the Information Commissioner’s Office. This new piece of EU data protection law represented a major shake up in the way we collect, process and store personal data. It aims to standardise data protection law across the EU, giving individuals more control over how, when and by whom their data is processed.
TMS is committed to partnering with our customers on GDPR. Here we explain what we have done and what we will continue to do to achieve GDPR compliance both internally and for our customers.
- How we prepared for GDPR: We adopted a company wide approach to become GDPR ready and our working group prepared the business for the significant changes involved. These include:
- Updating and amending our terms and conditions, customer agreements and privacy policies and statements to bring them in line with the GDPR.
- Ensuring that correct and appropriate contractual terms are in place with data processors including data security and international data transfers.
- Updating our internal policies and practices to reflect GDPR requirements.
- Continuing to invest in our products, services and staff training.
- Continue to work closely with our legal team and Data Protection Officer so we can monitor GDPR compliance across the all “TMS Protect Ltd” Entities.
- Security Standards and Certifications: Protecting our customers privacy and securely managing your data is a high priority for us. All our web properties use SSL (secure sockets layer) to encrypt data you transmit to us across the Internet. Our Development Team manages our servers and data transfer processes for the purposes of maintenance, support and development. Access to our servers is tightly controlled; only authorised company administrators employed directly by TMS Protect Ltd are granted access. Staff training is an important ethos that we hold as a company. As such, we ensure all our staff have an up-to-date working knowledge of data protection law inclusive of GDPR.
- International Data Transfers: We ensure that any data processed or stored with any third party for the provision of online course content, meets the EU-US Privacy Shield framework adopted by the European Commission. This complies with data protection requirements when transferring data outside of the EU. We keep this under review to ensure that data is stored, at all times, with appropriate safeguards.
- Data Processors: To help us deliver the best possible service, we use a number of tools to process data. A data processor can be an organisation or third party provider who manages and processes personal data on behalf of a business. We are working with our providers to ensure compliance with the new regulations, including introducing data processing contracts where appropriate.
- Upholding our customers rights: We have embedded, across the organisation, policies and procedures which for example allow customers to access their data in ways that are accessible to them and we have introduced an updated Data Privacy Notice which is regularly updated so that our customers are always aware of all of our data privacy arrangements.
- Stay Updated: If you have any specific questions about our GDPR and data privacy arrangements, we hope that you contact us directly.
Effective: 01st January 2024
1 INTRODUCTION
TMS Protect Ltd has in place a CCTV surveillance system “the CCTV system” across all its UK sites.
1.1 This policy details the purpose, use and management of the CCTV system at our various sites and details the procedures to be followed in order to ensure that TMS Protect Ltd complies with relevant legislation and the current Information Commissioner’s Office (ico) CCTV Code of Practice.
1.2 T1 Solutions Group will have due regard to the Data Protection Act 2018, the General Data Protection Regulation (GDPR) and any subsequent data protection legislation, and to the Freedom of Information Act 2000, the Protection of Freedoms Act 2012 and the Human Rights Act 1998. Although not a relevant authority, T1 Solutions Group will also have due regard to the Surveillance Camera Code of Practice, issued under the Protection of Freedoms Act 2012 and in particular the 12 guiding principles contained therein.
1.3 This policy is based upon guidance issued by the Information Commissioner’s Office, ‘In the picture: A data protection code of practice for surveillance cameras and personal information (“the Information Commissioner’s Guidance”).
1.4 This policy and the procedures therein detailed, applies to all of T1 Solutions Group CCTV systems including Automatic Number Plate Recognition (“ANPR”) Licence Plate Recognition Cameras (“LPR”), body worn cameras, webcams, covert installations and any other system capturing images of identifiable individuals for the purpose of viewing and or recording the activities of such individuals. CCTV images are monitored and recorded in strict accordance with this policy.
2. CCTV SYSTEM OVERVIEW
2.1 The CCTV system is owned by TMS Protect Ltd, 9 Wheatstone Court, Waterwells Business Park, Quedgeley, Gloucester, England, GL2 2AQ and managed by TMS Protect and its appointed agents. Under current data protection legislation TMS Protect is the ‘data controller’ for the images produced by the CCTV system. TMS Protect is registered with the Information Commissioner’s Office and the registration number is ZB106691 The CCTV system operates to meet the requirements of the Data Protection Act and the Information Commissioner’s guidance.
2.2 Shantelle Badman (Director) and Lee Badman (Operations Manager) are responsible for the overall management and operation of the CCTV system, including activities relating to installations, recording, reviewing, monitoring and ensuring compliance with this policy.
2.3 Static CCTV cameras are in operation across TMS Protect, training, gym and dance studios, administrative and residential sites. This is for the protection of clients, associates, members, instructors and the public as much as it is for the protection of premises and property.
2.4 Signs are placed at all pedestrian and vehicular entrances in order to inform staff, students, visitors and members of the public that CCTV is in operation.
2.5 Shantelle Badman (Director) and Lee Badman (Operations Manager) are responsible for ensuring that adequate signage is erected in compliance with the ICO CCTV Code of Practice.
2.6 Cameras are sited to ensure that they cover premises that we manage or operate at as far as is possible. Cameras are installed throughout sites including roadways, car parks, buildings, residential accommodation, studio spaces and licensed premises within buildings and externally in vulnerable public facing areas.
2.7 Cameras are not sited to focus on private residential areas and cameras situated in residential accommodation focus on entrances and communal areas. Where cameras overlook residential areas, privacy screens will be fitted.
2.8 The CCTV system is operational and is capable of being monitored for 24 hours a day, every day of the year.
2.9 The CCTV system is subject to a Data Protection Impact Assessment.
Any proposed new CCTV installation is subject to a Data Protection Impact Assessment. Any new CCTV Camera installation is subject to a privacy assessment.
2.10 Further information regarding the number and location of CCTV cameras is available per site upon request. We may where necessary have installed covert cameras but this information pertaining to such installation will be provided with site specific request.
3. PURPOSE OF THE CCTV SYSTEM
3.1 The principal purposes of TMS Protect’s CCTV system are as follows:
- for the prevention, reduction, detection and investigation of crime and other incidents;
- to ensure the safety of staff, students and visitors;
- to assist in the investigation of suspected breaches of regulations by staff or students; and
- the monitoring and enforcement of traffic related matters.
3.2 The CCTV system will be used to observe the TMS Protect sites and areas under surveillance in order to identify incidents requiring a response. Any response should be proportionate to the incident being witnessed.
3.3 TMS Protect seeks to operate its CCTV system in a manner that is consistent with respect for the individual’s privacy.
4. MONITOR AND RECORDING
4.1 Cameras can only be monitored in secure area’s by authorised staff, qualified to operate the system with controlled access 24 hours a day.
4.2 Images are recorded centrally on servers located securely on premises where cameras are in operation.
4.3 Images from body worn cameras are downloaded at the end of each shift to a local server located at our security head office. To comply with legislation images are stored for a period of 6 months, or 5 years in the event of any incidents.
4.4 The cameras used provide images that are of suitable quality for the specified purposes for which they are intended and all cameras are checked daily to ensure that the images remain fit for purpose and that the date and time stamp recorded on the images is accurate.
4.5 All images recorded by the CCTV System remain the property and copyright of the TMS Protect Ltd
4.6 The use of covert cameras will be restricted to rare occasions, when a series of criminal acts have taken place within a particular area that is not otherwise fitted with CCTV. A request for the use of covert cameras will clearly state the purpose and reasons for use and the authority of the Head of Security will be sought before the installation of any covert cameras. The Head of Security should be satisfied that all other physical methods of prevention have been exhausted prior to the use of covert recording.
4.7 Covert recording will only take place if informing the individual(s) concerned would seriously prejudice the reason for making the recording and where there is reasonable grounds to suspect that illegal or unauthorised activity is taking place. All such monitoring will be fully documented and will only take place for a limited and reasonable period.
4.8 Body worn cameras may be used during Security patrol duties. The downloading of images from such cameras will only be conducted by trained security staff and cameras will be cleansed following each shift.
4.9 Security staff wearing body worn cameras will disclose, when approaching persons, that they are being video and audio recorded.
5 Compliance with Data Protection Legislation
5.1 In its administration of its CCTV system, the University complies with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Due regard is given to the data protection principles embodied in GDPR. These principles require that personal data shall be:
- processed lawfully, fairly and in a transparent manner;
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- accurate and, where necessary, kept up to date;
- kept in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which the personal data are processed;
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
TMS Protect ensures it is responsible for, and able to demonstrate compliance with GDPR
6. Applications for disclosure of images
Applications by individual data subjects
6.1 Requests by individual data subjects for images relating to themselves “Subject Access Request” should be submitted in writing to the TMS Protect Information Compliance Team together with proof of identification.
6.2 In order to locate the images on the our systems, sufficient detail must be provided by the data subject in order to allow the relevant images to be located and the data subject to be identified.
6.3 Where TMS Protect is unable to comply with a Subject Access Request without disclosing the personal data of another individual who is identified or identifiable from that information, it is not obliged to comply with the request unless satisfied that the individual has provided their express consent to the disclosure, or if it is reasonable, having regard to the circumstances, to comply without the consent of the individual.
Access to and disclosure of images to third parties
6.4 A request for images made by a third party should be made in writing to the Head of Security.
6.5 In limited circumstances it may be appropriate to disclose images to a third party, such as when a disclosure is required by law, in relation to the prevention or detection of crime or in other circumstances where an exemption applies under relevant legislation.
6.6 Such disclosures will be made at the discretion of the Head of Security, with reference to relevant legislation and where necessary, following advice from TMS Protect Information Compliance Team.
6.7 Where a suspicion of misconduct arises and at the formal request of the Investigating Officer or HR Manager/Advisor, the Head of Security may provide access to CCTV images for use in staff disciplinary cases.
6.8 The Head of Security may provide access to CCTV images to Investigating Officers when sought as evidence in relation to discipline cases.
6.9 A record of any disclosure made under this policy will be held on the CCTV management system, itemising the date, time, camera, requestor, authoriser and reason for the disclosure.
7. Retention of images
7.1 Unless required for evidential purposes, the investigation of an offence or as required by law, CCTV images will be retained for no longer than 30 days from the date of recording. Images will be automatically overwritten after this point.
7.2 Where an image is required to be held in excess of the retention period referred to in 7.1, the Head of Security or their nominated deputy, will be responsible for authorising such a request.
7.3 Images held in excess of their retention period will be reviewed on a three monthly basis and any not required for evidential purposes will be deleted.
7.4 Access to retained CCTV images is restricted to the Head of Security and other persons as required and as authorised by the Head of Security.
8. Complaints procedure
8.1 Complaints concerning TMS Protect of its CCTV system or the disclosure of CCTV images should be made in writing to the Head of Security at: info@TMSProtect.com
8.2 All appeals against the decision of the Head of Security should be made in writing to the Registrar at info@TMSProtect.com
9. Monitoring Compliance
9.1 All staff involved in the operation of the our CCTV System will be made aware of this policy and will only be authorised to use the CCTV System in a way that is consistent with the purposes and procedures contained therein.
9.2 All staff with responsibility for accessing, recording, disclosing or otherwise processing CCTV images will be required to undertake data protection training.
10. Policy review
10.1 TMS Protect usage of CCTV and the content of this policy shall be reviewed annually by the Head of Security with reference to the relevant legislation or guidance in effect at the time. Further reviews will take place as required.
Employment
Effective: 01st January 2024
1: About this Statement
TMS Protect Ltd and its associated entities are committed to preventing acts of modern slavery and human trafficking in its business and supply chain, we expect the same high standards from our suppliers and customers.
Should any evidence be found we will not hesitate to take appropriate immediate action.
2: About Us
TMS Protect Ltd is a UK based company operating in security and education sectors. We provide training courses globally via our websites and in person via class based sessions held at our Bristol based training centre, or at client sites when required.
We currently employ a small but capable team within TMS Protect Ltd and around our 60+ employees within TMS Protect Ltd. Therefore, we make this statement voluntarily as it is important to us to show that our business and everyone connected with it will not tolerate human trafficking or modern slavery.
In order to provide our service to learners we work with a range of core suppliers from industry specialists to service providers. The majority of these are local to our headquarters in Bristol – others are further afield. Over the years we have built up many strong relationships with our suppliers and industry experts; all of these relationships are based on our shared values, growth and commitment to the highest levels of performance.
3: About our Policies
We believe combating modern slavery and working ethically starts with us, we therefore have a suite of policies and procedures in place to support this including:
- We are an equal opportunities employer outlined in our equality and diversity policy
- No forced labour is used
- We ensure all employees are at least 18 years of age and are eligible to work in the UK via independent pre employment ID checks
- All employees are free to join trade unions if they wish – all employees are consulted and supported to share their views on our policies, procedures and working practices
- All employees receive annual training appropriate to their job role including employee well-being, alongside compliance
- We provide a safe working environment and publish a H&S policy
- Deductions for disciplinary measures are not made and full details of lawful deductions are provided on a monthly payslip
- All full time employees are contracted to work 35 hours per week, with flexible working arrangements including working from home where possible
- We have a whistleblowing policy in place
These policies have been developed by working with non-bias external HR teams and industry specialists.
4: Our Due Diligence
We extend our commitment to our suppliers by making them aware of our policies, and expect the same standards in return.
Our core suppliers are expected to meet the requirements of the Real Living Wage annually and are encouraged to have their own Modern Slavery procedures in place.
A risk assessment is carried on potential new suppliers before engagement and we monitor this when working with them.
We do this to:
- ensure standards are met
- highlight areas of potential risk in our supply chain
- reduce the risk of slavery and human trafficking from occuring
5: Our Risk and Compliance
If a risk was identified in a potential new supplier, we would not commence activity until reassurances were met.
Should evidence of slavery or human trafficking come to light with an existing supplier (or customer) we would enforce zero tolerance and immediately seek to terminate the relationship.
6: Our Effectiveness and KPIs
We keep the risk of modern slavery occurring under constant review in our day to day business and by performing an annual assessment.
7: Our Training
As a training provider we constantly invest in educating ourselves and others. Right from our employee onboarding through to our annual compliance refreshers and acknowledgement of our policies we aim to give our employees the skills and ability to identify and report any potential breaches to this statement.
8: Our Next Steps
As this is our first statement we intend to follow up by:
- Communicating and providing it to our employees and suppliers
- Publishing this statement on our website
- Keeping it under review
Sign Off
This statement is made in accordance with section 54(1) of the Modern Slavery Act 2015 and constitutes TMS Protect’s slavery and human trafficking statement for the year commencing 01st January 2024 and ending 01st January 2025
This statement was approved by Shantelle Badman Director of TMS Protect Ltd parent company to medsec.academy, 4titude.pro
Effective: 01st January 2024
Welcome to TMS Protect Ltd privacy notice for candidates.
This notice explains what personal data (information) we will hold about you, how we collect it, and how we will use and may share information about you during our recruitment process. We are required to notify you of this information, under data protection legislation. Please ensure that you read this privacy notice and any other similar notice we may provide to you from time to time when we collect or process personal information about you.
Who collects the information
TMS Protect Ltd and its associated Entities (‘Company’) is a ‘data controller’ and gathers and uses certain information about you.
Data protection principles
We will comply with the data protection principles when gathering and using personal information, as set out in our data protection policy.
About the information we collect and hold
What information
Stage 1
We may collect the following information up to and including the shortlisting stage of the recruitment process:
- Your name and contact details (ie address, home and mobile phone numbers, email address);
- Details of your qualifications, experience, employment history (including job titles, salary and working hours) and interests;
- Details of your referees, if provided by you.
- Details of any health issues, if provided by you.
Stage 2
We may collect the following information after the shortlisting stage, and before making a final decision to recruit:
- Interview details, including notes and technical assessment results;
- Online or video meeting footage (only if used and if these are to be recorded you will be informed in advance);
- CCTV footage is recorded if you attend our premises;
- Telephone calls are recorded.
Stage 3
We may collect the following information once a job offer has been made, and before entering into a contract with you:
- Information about your previous academic and/or employment history, including details of any conduct, grievance or performance issues, appraisals, time and attendance, from references obtained about you from previous employers and/or education providers;
- Information regarding your academic and professional qualifications;
- Your nationality and immigration status and information from related documents, such as your passport or other identification and immigration information;
- A copy of your driving licence (job role specific);
- Information to allow your identity to be verified, including name and address history and photographic ID;
- Details of any health issues that we may reasonably need to make adjustments for;
- Criminal records and offences information (job role specific).
You are required (by law or in order to enter into your contract of employment) to provide the information above to us enabling us to verify your right to work and suitability for the position.
A contract of employment will be issued subject to receiving satisfactory responses to the above.
How we collect the information
We may collect this information from you as part of the job application, your referees (details of whom you will have provided), your education provider, the relevant professional body, the Disclosure and Barring Service (DBS) and the Home Office.
Why we collect the information and how we use it
We will typically collect and use this information for the following purposes:
- to take steps to enter into a contract;
- for compliance with a legal obligation;
- for the purposes of our legitimate interests or those of a relevant third party (such as a Payroll or Benefits provider);
- because it is necessary for carrying out obligations or exercising rights in employment law;
- for reasons of substantial public interest (ie equality of opportunity or treatment, promoting or retaining racial and ethnic diversity at senior level, preventing or detecting unlawful acts);
- to establish, exercise and/or defend any legal claims that may be brought by or against us in connection with your recruitment;
- for security.
We seek to ensure that our information collection and processing is always proportionate. We will notify you of any changes to information we collect or to the purposes for which we collect and process it.
How we may share the information
We may also need to share some of the above categories of personal information with other parties, such as professional advisers. Usually, information will be anonymised but this may not always be possible (Identity checks or Payroll for example). The recipient of the information will be bound by confidentiality obligations. We may also be required to share some personal information as required to comply with the law.
Sensitive personal information and criminal records information
We do not routinely collect sensitive or special category data as part of our recruitment process. However, there may be occasions when a candidate makes us aware of, for example, a disability that requires reasonable adjustments to be made.
We carry out verification of identity checks for all candidates who are successful at interview.
In addition, for high profile or financial roles we carry out criminal record and offences checks. This special category of personal data is required as part of the disclosure checking process and is not used for any other purposes.
Further details on how we handle sensitive and special category personal information and information is set out in our privacy notices for staff and our data protection policy available upon request.
Where information may be held
Information may be held at our offices and third party agencies, service providers, representatives and agents as described above.
How long we keep your information
We keep the personal information that we obtain about you during the recruitment process for no longer than is necessary for the purposes for which it is processed. How long we keep your information will depend on whether your application is successful and you become employed by us, the nature of the information concerned and the purposes for which it is processed.
We will keep recruitment information (including interview notes) for no longer than is reasonable, taking into account the limitation periods for potential claims such as race or sex discrimination (as extended to take account of early conciliation), after which they will be destroyed. If there is a clear business reason for keeping recruitment records for longer than the recruitment period, we may do so but will first consider whether the records can be pseudonymised, and the longer period for which they will be kept.
If your application is successful, we will keep only the recruitment information that is necessary in relation to your employment. For further information, see our staff data privacy notice.
CCTV and call recordings are kept for a rolling 30 days.
Further details on our approach to information retention and destruction are available in our Data Retention Policy.
Your right to object to us processing your information
Where our processing of your information is based solely on our legitimate interests (or those of a third party), you have the right to object to that processing if you give us specific reasons why you are objecting, which are based on your particular situation. If you object, we can no longer process your information unless we can demonstrate legitimate grounds for the processing, which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
Please contact Lee Badman – Director (and responsible for internal data protection support) or our Data Protection Officer (DPO) – Alex Cooke Alex@T1SGL.com if you wish to object in this way.
Your rights to correct and access your information and to ask for it to be erased
Please contact Shantelle Badman (Shani@TMSProtect.com) or our Data Protection Officer (DPO) Lee Badman (Lee@TMSProtect.com) if (in accordance with applicable law) you would like to correct or request access to information that we hold relating to you or if you have any questions about this notice. You also have the right to ask us for some but not all of the information we hold and process to be erased (the ‘right to be forgotten’) in certain circumstances. Shantelle Badman or our Data Protection Officer Lee Badman will provide you with further information about the right to be forgotten, if you ask for it.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that Shantelle Badman or our Data Protection Officer Lee Badman can resolve any query or concern you raise about our use of your information. If not, contact the Information Commissioner at https://ico.org.uk/concerns or telephone: 0303 123 1113 for further information about your rights and how to make a formal complaint
Effective: 01st January 2024
Welcome to TMS Protect disciplinary procedure for employees
TMS Disciplinary Procedure
1. Purpose and scope
This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct, attendance and job-related performance. A printed version of our company rules can be viewed at our main office (address in footer), alternatively they can be accessed right here on our website;
This procedure applies to all employees. The aim is to ensure consistent and fair treatment for all employees of TMS Protect Ltd
2. Principles
Informal action will be considered, where appropriate, to resolve problems. No disciplinary action will be taken against an employee until the case has been fully investigated. Although we aim to draw any investigations to a conclusion with-in 10 working days, due to the nature of our business and the limited number of management on the team, this may be extended during busy periods and when we need to gather information from external sources such as venues we provide as we will also need to provide them with a suitable timeframe in which to correspond to any investigations.
For formal action the employee will be advised of the nature of the complaint against him or her and will be given the opportunity to state his or her case before any decision is made at a disciplinary meeting. No meetings will be confirmed until a full and thorough investigation has taken place. We endeavour to keep all parties involved updated on a regular basis with progress reports.
Employees will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of a disciplinary meeting.
At all stages of the procedure the employee will have the right to be accompanied by a trade union representative, or work colleague.
No employee will be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will be dismissal without notice or payment in lieu of notice.
An employee will have the right to appeal against any disciplinary action.
The procedure may be implemented at any stage if the employee’s alleged misconduct warrants this.
3. The procedure
First stage of formal procedure
This will normally be either:
- an improvement note for unsatisfactory performance if performance does not meet acceptable standards. This will set out the performance problem, the improvement that is required, the timescale, any help that may be given and the right of appeal. The individual will be advised that it constitutes the first stage of the formal procedure. A record of the improvement note will be kept for 12 months, but will then be considered spent – subject to achieving and sustaining satisfactory performance
or
- a first warning for misconduct if conduct does not meet acceptable standards. This will be in writing and set out the nature of the misconduct and the change in behaviour required and the right of appeal. The warning will also inform the employee that a final written warning may be considered if there is no sustained satisfactory improvement or change. A record of the warning will be kept, but it will be disregarded for disciplinary purposes after a specified period (12 months).
Final written warning
If the offence is sufficiently serious, or if there is further misconduct or a failure to improve performance during the currency of a prior warning, a final written warning may be given to the employee. This will give details of the complaint, the improvement required and the timescale. It will also warn that failure to improve may lead to dismissal (or some other action short of dismissal) and will refer to the right of appeal.
A copy of this written warning will be kept by the supervisor but will be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct or performance.
Dismissal or other sanction
If there is still further misconduct or failure to improve performance the final step in the procedure may be dismissal or some other action short of dismissal such as demotion or disciplinary suspension or transfer (as allowed in the contract of employment). Dismissal decisions can only be taken by the appropriate senior manager, and the employee will be provided in writing with reasons for dismissal, the date on which the employment will terminate, and the right of appeal.
If some sanction short of dismissal is imposed, the employee will receive details of the complaint, will be warned that dismissal could result if there is no satisfactory improvement, and will be advised of the right of appeal.
A copy of the written warning will be kept by the supervisor but will be disregarded for disciplinary purposes after 12 months subject to achievement and sustainment of satisfactory conduct or performance.
Gross misconduct
The following list provides some examples of offences which are normally regarded as gross misconduct:
- theft or fraud
- physical violence or bullying
- consistent lateness or poor attendance
- deliberate and/or serious damage to property
- serious misuse of an organisation’s property or name
- deliberately accessing internet sites containing pornographic, offensive or obscene material
- serious insubordination
- unlawful discrimination or harassment
- consumption of alcohol or recreational drugs whilst on duty
- attending a shift whilst intoxicated with alcohol or drugs
- bringing the organisation into serious disrepute
- serious incapability at work brought on by alcohol or illegal drugs
- causing loss, damage or injury through serious negligence
- a serious breach of health and safety rules
- a serious breach of confidence
- neglecting duties that define the role of a door supervisor as stipulated on the SIA website
- offering to work in a similar role directly for a client
- disclosing company information in accordance with our NDA
- providing or offering security based work to other employees without consent from T1 management
- general lack of skills to competently and safety fulfil the role of a door supervisor
If you are accused of an act of gross misconduct, you may be suspended from work on full pay, normally for no more than five working days, while the alleged offence is investigated. If, on completion of the investigation and the full disciplinary procedure, the organisation is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
Appeals
An employee who wishes to appeal against a disciplinary decision must do so within five working days. The senior manager will hear all appeals and his/her decision is final. At the appeal any disciplinary penalty imposed will be reviewed.
In the interest of fairness and to ensure no bias can influence the outcome of any investigation, the investigating officer will not be the same person making the allegations and will remain impartial at all times to all parties involved.
DEAR EMPLOYEE
TERMS AND CONDITIONS OF EMPLOYMENT
BETWEEN
- TMS Protect Ltd. an organisation registered in England under registration number 14674232 whose registered office is at 9 Wheatstone Court, Waterwells Business Park, Quedgeley, Gloucester, England, GL2 2AQ (hereinafter referred to as “the Employer”)
and
- Employee name of Employee address (hereinafter referred to as “you”)
IT IS AGREED as follows:
General
This document is a statement of the main terms and conditions of employment which govern your service with the Employer. Your service with the Employer is also subject to the terms contained in the letter offering you employment ‘the offer letter’. If there should be any ambiguity or discrepancy between the terms in the offer letter and in the terms set out in this document, the terms of the Offer letter will prevail, except where expressly stated to the contrary
Duties and Job Title
- You are employed by the Employer in the capacity of Door Supervisor and/or Safety Steward. You will be required to undertake such duties and responsibilities as may be determined by the Employer from time to time.
- The Employer reserves the right to vary your duties and responsibilities at any time and from time to time according to the needs of the Employer’s business, following discussion and agreement with you.
Date of Commencement – Date of Continuous employment and Notice Period
Your employment is on a probationary basis and is currently expected to continue for a period of 6 months. Your temporary employment is subject to termination by either party giving to the other a week’s notice in writing of termination of employment. Alternatively, your employment may be summarily terminated where you are found guilty of gross misconduct. Upon completion of your probationary period your employment may be extended for a period determined by your employer or terminated with a 4 week notice period.
In accepting your appointment, it shall be deemed that you have accepted all the terms and conditions set out in this Contract.
This Contract of Employment annuls any previous agreement whether verbal or written given to you at any time.
Hours of work
- The Employer reserves the right to alter working hours as necessary, following discussion and agreement with you. You will be employed on a zero-hour basis but be willing to accept shifts at every opportunity. Most of this work will be on weekend nights and occasionally weekday evenings/nights. You will be expected to work within these hours.
Place of work
- Your normal place of work will be at any of our venues in Bristol or such other places as the Employer may reasonably require.
Remuneration
- Your salary is £12 per hour for festivals and events and £13 per hour for regular door work, unless specified any differently, to be paid monthly normally on the 21st of each month. Should the 21st fall on a weekend or bank holiday, you will be paid the weekday before such date. Payment will be made monthly by BACS and automatically into the bank account details you have provided.
- Your salary will be reviewed annually entirely at our discretion.
- The Employer reserves the right to seek reimbursement by deduction from your salary, in accordance with the provisions of the Employment Rights Act 1966 in the event of any material deficiencies attributable to you, in particular damage to Employer property or in the event of overpayment of salary, recovery of unearned holiday pay or other remunerations, or if any other sums are due by you to the Employer arising from your employment.
Collective agreements
- There are no collective agreements relevant to your employment.
Holidays
- Your holiday pay has been incorporated into your hourly rate and, due to this employment being on a zero-hour contract, you will not be paid for any leave.
- In addition you reserve the right to decline any shifts offered to you
- If you accept a shift you may cancel that shit with 7 days notice
- You must notify your employer of any holiday dates 4 weeks in advance.
Sickness, Absence and Lateness
- In the event of your absence for any reason you or someone on your behalf should contact TMS Protect Management at the earliest opportunity and no later than 4 hours before shift on the first day of the absence to inform him/her of the reason for absence. You must inform the Employer as soon as possible of any change in the date of your expected return to work.
- For periods of sickness of more than seven consecutive days, including weekends, you will be required to obtain a Statement of Fitness for Work (‘Fit Note’) / Medical Certificate and send this to TMS Protect Management. A Fit Note / Medical Certificate should be sent to the Employer to cover the period of your sickness absence from work.
- The Employer has the right to monitor and record absence levels and reasons for absences. Such information will be kept confidential.
- The Employer may require you to undergo a medical examination by a medical practitioner nominated by us at any stage of your employment, and you agree to authorise such medical practitioner to prepare a report detailing the results of the examination, which you agree may be disclosed to the Employer. The Employer will bear the cost of such medical examination. Such an examination will only be requested by the Employer where it is reasonable to do so.
Maternity and Paternity Rights
- The Employer will comply with its statutory obligations with respect to maternity and paternity rights and rights dealing with time off for dependants.
Pension
- If you are eligible, the Employer will auto-enrol you into a pension scheme, in accordance with the Employer’s pension auto-enrolment obligations.
- Full details of the scheme can be obtained when you are enrolled by contacting our accountant, including the minimum contribution level that you will be required to make and your right to opt out if you do not want to join the scheme. While participating in the scheme, you agree to worker pension contributions being deducted from your salary.
- The scheme is subject to its rules as may be amended from time to time, and the Employer may replace the scheme with another pension scheme at any time.
Non – Compulsory Retirement
- The Employer does not operate a normal retirement age and therefore you will not be compulsorily retired on reaching a particular age. However, you can choose to retire voluntarily at any time, provided that you give the required period of notice to terminate your employment.
Restrictions and Confidentiality
- You may not, without the prior written consent of the Employer, devote any time to any business other than the business of the Employer or to any public or charitable duty or endeavour during your normal hours of work.
- You will not at any time either during your employment or afterwards use or divulge to any person, firm or Employer, except in the proper course of your duties during your employment by the Employer, any confidential information identifying or relating to the Employer, details of which are not in the public domain.
Mobility
- You may be required to travel on Employer business anywhere in the UK. Travel and subsistence will only be paid to you if the journey is not
Grievance Procedure
- The formal Grievance Procedure is available on request from TMS Protect Management. This can also be found on our website along with all our policies and procedures
Disciplinary Procedure
- The disciplinary rules applicable to your employment are set out in the employee handbook
Employee Handbook and Employment Policies
- All employees have a duty to adhere to the Employer’s other policies in force, including but not exclusive to the Employer’s Health and Safety, Fire Safety, Sickness and Absence and Equal Opportunities Policies.
Termination of employment
- During the 6 months probationary period the notice required by either party to this Contract to terminate your employment will be 4 weeks.
- After the successful completion of any probationary period, your employment may be ended by you giving the Employer 4 week’s written notice. The Employer will give you 4 week’s written notice and after four years’ continuous service a further one week’s notice for each additional complete year of service up to a maximum of 12 weeks’ notice.
- Nothing in this Contract prevents the Employer from terminating your employment summarily or otherwise in the event of any serious breach by you of the terms of your employment or in the event of any act or acts of gross misconduct by you.
Your contract of employment may be ended by written notice as follows:
Notice to be given by the Employer:
From one month up to two years
- One week
From two years to 12 years
- Two weeks and one additional week for each continuous year of employment in excess of two years
12 or more years
- 12 weeks
Notice to be given to the Employer:
Less than one month
- One day
One month onwards
- One week
- The Employer reserves the right in our absolute discretion to pay you salary in lieu of notice.
- Nothing in this Contract prevents the Employer from terminating your employment summarily or otherwise in the event of any serious breach by you of the terms of your employment or in the event of any act or acts of gross misconduct by you.
Data Protection
- You agree to the Employer holding and processing, both electronically and manually, personal data about you (including sensitive personal data as defined in the Data Protection Act 1998) for the operations, management, security or administration of the Employer and for the purpose of complying with applicable laws, regulations and procedures.
Confidential Information
- You will not at any time either during your employment or afterwards use or divulge to any person, firm or Employer, except in the proper course of your duties during your employment by the Employer, any confidential information identifying or relating to the Employer, details of which are not in the public domain.
Copyright, Inventions and Patents
- All records, documents, papers (including copies and summaries thereof) and other copyright protected works made or acquired by you in the course of your employment shall, together with all the world-wide copyright and design rights in all such works, be and at all times remain the absolute property of the Employer.
- You hereby irrevocably and unconditionally waive all rights granted by Chapter IV of Part I of the Copyright, Designs and Patents Act 1988 that vest in you (whether before, on or after the date hereof) in connection with your authorship of any copyright works in the course of your employment with the Employer, wherever in the world enforceable, including without limitation the right to be identified as the author of any such works and the right not to have any such works subjected to derogatory treatment.
Changes to Terms and Conditions of Employment
- The Employer may amend, vary or terminate the terms and conditions in this document (and in the Employee Handbook/Manual).
Severability
- The various provision of this Agreement are severable, and if any provision or identifiable part thereof is held to be invalid or unenforceable by any court of competent jurisdiction then such invalidity or un-enforceability shall not affect the validity or enforceability of the remaining provisions or identifiable parts.
Jurisdiction
- This Agreement shall be governed by and construed in accordance with the court of law.
Issued for and on behalf of TMS Protect Ltd.
Signed:
Dated:
Employee;
I hereby warrant and confirm that I am not prevented by previous employment terms and conditions, or in any other way, from entering into employment with the Employer or performing any of the duties of employment referred to above. I accept the terms of this Agreement.
Signed:
Dated:
Policies & Procedures
For recruitment and with many of our courses, including (but not limited to), license-linked qualifications, candidates are required to physically attend practical sessions in person to satisfy the learning criteria and stipulations imposed by the awarding body and the security industry authority. In such situations you will, upon arrival need to provide proof of your identity, date of birth and address. You will normally need to provide at least two identifying documents for this process, depending on exactly what you have available.
The various acceptable documents are divided into two categories, A and B, with documents from category A given more weight.
You would ideally provide TWO documents from category A, However if you are unable to provide two group A documents, then;
You will need to provide ONE document from category A and TWO documents from category B.
Specifically for security related courses you will also need to supply two good quality, passport-size (45mm x 35mm) colour photographs. One of these will go to the awarding body and another will need to be submitted with your licence application and will be the picture that appears on you SIA card.
WARNING: Failure to provide the relevant qualifying documentation and two passport photos will result in you being removed from the any security related course that you may be booked on.
WHERE REQUIRED – YOU MUST PRESENT
Either TWO identity documents from group A. At least one document must show your current address and at least one document must show your date of birth.
Or
ONE identity document from group A and TWO documents from group B. At least one document must show your current address and at least one document must show your date of birth.
GROUP A DOCUMENTS
- Signed valid passport of any nationality
- Signed valid UK photo driving licence (both parts of the full or provisional licence are required) *
- UK original birth certificate issued within 12 months of birth
- UK biometric residence permit
- GB issued driving licence photo card (not valid if issued by DVLA Northern Ireland)*
GROUP B DOCUMENTS
- UK adoption certificate
- Valid EU photo ID card
- Valid UK firearms licence with photo
- Signed valid UK paper driving licence
- Marriage certificate or Civil Partnership certificate, with translation if not in English
- UK birth certificate issued more than 12 months after date of birth, but not a photocopy
- Non-UK birth certificate, with translation if not in English
- P45 statement of income for tax purposes on leaving a job issued in the last 12 months
- P60 annual statement of income for tax purposes issued in the last 12 months
- Bank or building society statement issued to your current address, less than three months old. You can use more than one statement as long as each is issued by a different bank or building society
- 2nd Bank or building society statement issued to your current address, less than three months old from a different provider to 13 Mortgage statement issued in the last 12 months
- Utility bill (gas, electric, telephone, water, satellite, cable,) issued to your current address within the last three months. You can only use one utility bill in support of your application (mobile phone contracts are NOT accepted)
- Pension, endowment or ISA statement issued in last 12 months
- British work permit or visa issued in last 12 months
- Letter from H.M. Revenue & Customs, Department of Work and Pensions, employment service, or local authority issued within the last three months. You can use more than one letter as long as each is issued by a different Government department or a different local authority
- 2nd letter from different provider to 21
- A credit card statement sent to your current address within the last three months. You can use more than one statement as long as each is issued by a different issuer
- 2nd credit card statement from different provider to 23
- Council Tax statement issued in the last 12 months
- Child benefit book issued in last 12 months
- NI issued Driving license photo card ( issued by Northern Ireland DVLA)*
- Driving license paper counterpart issued by DVLA Great Britain or Northern Ireland.*
* NB the SIA will not accept a two part driving license as both the Group A and Group B document
Effective: 01st January 2024
TMS Protect Ltd (medsec.academy) focus on providing the very best service to all our associates including employees, clients, customers and trainees and have therefore developed a clear appeal and complaint procedure to ensure these are dealt with as efficiently and effectively as possible.
Our appeals and complaints procedure indicate the way in which complaints should be reported, and how all parties can expect complaints to be handled.
If satisfaction is not obtained from us we need you to tell us about it. This will help us to develop our standards.
PROCEDURE
If you have a complaint regarding a colleague at work then ask your supervisor or manager for guidance and they will be able to help you. If you have a complaint regarding a fellow trainee during a course then ask your instructor for guidance and they will be able to help you.
If you have any other complaints regarding work related matters or wish to appeal a decision on any of the coaching you have received or the results of your course work or examinations, you should contact us immediately at the details below:
TMS Protect Ltd 9 Wheatstone Court, Waterwells Business Park, Quedgeley, Gloucester, England, GL2 2AQ
When making a written appeal or complaint, it is helpful if you give as much information as possible (including personal details) and include steps that you have taken in pursuing your complaint, mention any discussions that you have already had about the matter, attach copies of any earlier correspondence, and state clearly what solution, you are seeking.
On receipt of your appeal or complaint, it will be recorded in our central register and assigned to the most appropriate senior member of staff to deal with.
The staff member will send you an email or contact you by telephone acknowledging receipt of your appeal or complaint and asking you to confirm or explain the details set out.
The staff member will then start to query your appeal or complaint. This will normally take up to 5 working days from the receipt of your complaint but can sometimes take longer. You may contact the staff member at any time if you would like information concerning the investigation.
The staff member will contact you as soon as their enquiry is complete to discuss their findings and any actions that may be required. If you are satisfied with the outcome then the appeal or complaint will be closed.
If you are still not satisfied after the investigation of your appeal or complaint then you should contact the appropriate awarding body.
HABC
- Highfield House
- Heavens Walk
- Lakeside
- Doncaster
- South Yorkshire
- DN4 5HZ
- 0845 2260350
City & Guilds
- 4th Floor
- 144 West George Street
- Glasgow
- G2 2HG
- 0141 341 5700
First Aid Awards Ltd
- The Award Centre
- 10 Central Treviscoe
- St Austell,
- Cornwall
- PL26 7QW
- 08458 333999
If you are still not satisfied after speaking with the appropriate awarding body then you should contact the appropriate qualification regulator.
SQA
- The Optima Building
- 58 Robertson Street
- Glasgow
- G2 8DQ
- 0345 279 1000
Ofqual
- Spring Place
- Herald Avenue
- Coventry
- CV5 6UB
- 0300 303 3344
Effective: 01st January 2024
This policy has been designed to show how all entities associated to T1 Protect Ltd including medsec.academy and 4titude.pro will be conducted given a conflict of interest arising from any aspect of our business operations or training programs in relation to education, evaluation, or invigilation.
TMS ensure all trainees are provided with the highest standard of teaching, assessment, and invigilation where there will be no preferential treatment given to any individual based on their association with anyone within the training structure.
CONFLICT BETWEEN LEARNER AND INSTRUCTOR/ASSESSOR
Any conflict of interest should be dealt with at the time of application to attend an identified training course, whereby alternative arrangements would be made for that trainee, so they are not disadvantaged.
medsec.academy / 4titude.pro will endeavour to obtain a replacement training provider within the local area for the trainee so as to certify complete transparency. Where this is not possible medsec.academy and 4titude.pro will reschedule that trainee to a different course within a suitable time frame (one month) whereby a different trainer will be allocated to the centre to teach that course. Pending suitable qualifications and acceptance to become an Awarding Organisation (AO) nominated instructor.
CONFLICT BETWEEN LEARNER AND INVIGILATOR
Where this arises it will be the Training Manager’s responsibility to guarantee that this is addressed at the earliest occasion and another invigilator is allocated to the assessments.
DISCREPANCIES
Where a conflict of interest has occurred and hasn’t been dealt with, thus the trainee may have been given preferential treatment in the eyes of other trainees; a full inspection will be carried out with all evidence being presented to the Training manager who will then send it to the (AO). If this is found to be the case then the trainee under questioning will have their qualification suspended (if already certified). The trainee will then have to retake any formal assessments or examinations already taken with an entirely impartial assessor/ invigilator to demonstrate that they meet the guidelines of the qualification specification.
Any event of this nature that is proven will lead to the member of the Training staff being investigated and could be accountable to disciplinary action, amounting to gross misconduct.
Effective: 01st January 2024
It is the policy of TMS Protect Ltd including medsec.academy and 4titude.pro to ensure that all employees, contractors, co-workers, associates and trainees are treated with dignity and respect and that they will not be discriminated against on the grounds of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation.
TMS Protect wide are committed not only to its legal obligations but also to the positive promotion of equality in all aspects of its business and aims to provide an environment free from fear and discrimination where diversity, respect and dignity are valued.
All employees, contractors and trainees will be made aware of the provisions of this policy.
PROTECTED CHARACTERISTICS
The headings of age, disability (which includes mental health and people diagnosed as clinically obese), gender reassignment (people who are having or who have had sex change, transvestites and trans gender people), marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation are known as ‘protected characteristics’.
DEFINITION OF DISCRIMINATION
Types of discrimination:
- Direct discrimination occurs when one person is treated less favourably than another on grounds relating to a protected characteristic.
- Associative discrimination occurs when one person is treated less favourably than another because they are associated with another person with a protected characteristic.
- Indirect discrimination occurs when a rule or policy that applies to everyone disadvantages a person with a protected characteristic.
- Harassment occurs through behaviour deemed offensive by the recipient, employees may find something offensive even when it’s not directed at them.
- Harassment by a third party occurs through harassment by people not directly employed by the company, such as contractors.
- Victimisation occurs through discrimination against someone because they made or supported a complaint under the Equality Act Legislation.
- Discrimination by perception occurs through direct discrimination against someone because others think they have a protected characteristic, even if they don’t.
RESPONSIBILITIES TO EMPLOYEES
- TMS Protect Ltd will not differentiate on the basis of a protected characteristic in the allocation of duties between employees employed at any level with comparable job descriptions.
- TMS Protect Ltd will put in place any reasonable measures and/or adjustments within the workplace for those employees who become disabled during employment or for disabled appointees.
- All employees will be considered solely on their merits for career development and promotion with equality of opportunity for all.
- All employees will be provided with appropriate training regardless of any protected characteristic.
RESPONSIBILITIES TO LEARNERS
- TMS Protect Ltd will ensure trainees have equal access to all training courses irrespective of any protected characteristic.
- TMS Protect Ltd will ensure that all trainees undertaking a training course are fully aware of the contents of this policy via the training course induction.
MONITORING
- TMS Protect Ltd will ensure that all aspects of this policy are kept under review and are operated throughout the organisation.
- Where it appears that employees, contractors or trainees are not being offered equality of opportunity, circumstances will be investigated to identify any policies or criteria which exclude or discourage certain employees, contractors or learners and, if so, whether these are justifiable.
GRIEVANCE
- Any complaints of discrimination, of any type, pursued through the Appeals and Complaints Procedure will be thoroughly, sympathetically and quickly investigated.
- TMS Protect Ltd emphasises that discrimination is unacceptable conduct and may lead to disciplinary action through the normal disciplinary process, which may result in a warning, suspension or dismissal of an employee, termination of a contractor’s contract or removal of a learner from a course.
Effective: 01st January 2024
In alignment with the requirements of our Awarding body there are strict processes to be followed to maintain the integrity of the examination process.
PAPER BASED EXAMS
- Examination papers will be downloaded 2 days prior to the exam by the examinations controller.
- Sufficient copies should be printed for both the exam paper and answer sheets.
- Any files will be deleted from the system and physical papers will be securely stored in a cast iron key locked safe. The safe itself is stored in a secure office only accessible via two digitally key coded doors by the examinations controller.
- The papers should be secured in the office until signed out by the person taking the papers to the examination room. The back-up envelope (must be signed and sealed) must be returned unopened with the documentation.
- These papers will only be retrieved from the safe and brought into the examination room 10 minutes before exams are due to take place by the invigilator who will watch over all documentation and exam conditions.
- The invigilator will complete the Test Room Log sheet to ensure that the standards are met.
- These forms should be placed back in the safe for return with the completed test papers.
- On completion of the test the invigilator will return the completed documents to the safe and seal to ensure that the papers are secured until they are ready to forward to the examining body.
- All documents will be scanned and processed. The completed test papers will be shredded and correct documentation completed & signed.
DIGITAL BASED EXAMS
- TMS Protect Ltd are proud to provide the option to take exams on a ‘Digital‘ platform via ‘Tablets‘ provided by us at the time of examinations, which are conducted under the strict supervision of an invigilator. Our digital devices are securely preconfigured and adhere to guide lines set out by the awarding body for this procedure.
HEALTH & SAFETY CHECKS INCLUDE;
- Wires
- Posters on walls /other distractions
- Chairs and tables (distance of 1.5 meters apart)
- Correct lighting
- Noise
- Clock
HEALTH & SAFETY BRIEFING
- Fire Alarms
EXAM FORMAT
- Toilets
- Heating/Light/Noise
- Switch off all mobile phones
- Remove all items off the desk
- No talking throughout the exam
- If you require my attention place your hand in the air and I will come to you
- I cannot answer any questions about the exam
- I cannot give a different meaning to a word in the question
EXAM PAPER
- Correct procedures on filling out response sheet
- Check correct identification
- Demonstrate on flip chart / wipe board how to fill in response sheet
- Demonstrate how to correct an error or change your answer
- Ask any questions for confirmation
- Timings of exam
- Procedures when you finish
- DO NOT MARK EXAM PAPER
ANY QUESTIONS
- Exam timings: Write timings on clean Flip chart paper
- Start/ 30minutes/ 45 minutes last 5 and Finish
Turn over exam paper
- Write exam number on top of correct response sheet
You may start your time is:
In accordance with its duty under section 2 (3) of the Health and Safety at Work Act, 1974, and in fulfilling its obligations to employees, visitors, neighbours, contractors, and the public who may be affected by its activities, the Director of TMS Protect Ltd, has produced the following Statement of Policy in respect of health, safety, welfare, and environmental concerns.
IT IS THE POLICY OF TMS PROTECT LTD, AS FAR AS REASONABLY PRACTICAL, TO ENSURE THAT:
- The working environment of all associates, delegates, employees and co-workers is safe, without risks to health and that sufficient provisions are made with regard to the facilities and arrangements for first aid and welfare at work.
- The provision and maintenance of plant and systems of work that are safe and without risks to health.
- Persons who are not our associates or customers, who may be affected by our activities, are not exposed to risks to their health and safety.
- Information, instruction, training, and supervision are provided, as necessary, to secure the health and safety at work of all associates and customers.
- Arrangements for the use, handling, storage and transportation of articles and substances for use at work that are safe and without risk to health.
- Adequate information is available with respect to articles and substances used at work, dealing with the conditions and precautions necessary to ensure that, when properly used, they present no risks to health or safety.
- There is suitable provision for the safe access and egress to and from all working areas
- Arrangements for the safe use, handling, storage and transport of all relevant items
- The ability for employees to discuss health & safety related matters, in the form of queries, suggestions and complaints.
- Suitable and sufficient information, instruction, training and supervision to enable all employees to comply with the company Health & Safety Policy
- Appropriate management procedures and consultative arrangements to monitor and audit compliance with the company Health & Safety Policy
- Appropriate arrangements to assess and control the risks associated with work activities undertaken by TMS Protect Ltd at any of its venues or sites
- Appropriate policies to ensure that only Health & Safety policy compliant venues are taken on as contracts by TMS Protect Ltd for its agents to work on
- Associates are reminded of the legal requirement to comply with the Policy, Arrangements, and Procedures.
- To assist in the implementation of the Health & Safety Policy appropriate external sources of information may be consulted coupled with the commissioning of adequate competent personnel to advise on particular health & safety matters as required.
- Risk’s resulting from our work activities are continually assessed in accordance with the requirements of the Management of Health & Safety Regulations 1999 in an attempt to reduce these risks. Any additional controls deemed to be necessary to prevent serious injury from occurring will subsequently continue to be strengthened.
- The successful implementation of this policy can only be achieved with the full commitment and involvement of personnel from all levels within the business. To ensure a pro-active approach to health & safety, staff welfare and policy compliance, all employees will be given access to fully comprehensive information, such as instruction and necessary training to enable them to undertake their work activities safely, both for themselves and others.
IN PARTICULAR, THEY ARE REQUIRED:
- To take reasonable care for their own health and safety at work and those who may be affected by their acts or omissions.
- To co-operate with TMS Protect Ltd to ensure that they comply with any duty or requirement for health and safety, imposed upon TMS Protect Ltd or their clients by law, and contained in this Statement and the Policy, Arrangements, and Procedures Manual.
- Not to interfere with intentionally or recklessly or misuse anything provided in the interests of health, safety or welfare.
This is the statement of general policy and arrangements for: TMS Protect Ltd
Shantelle Badman (Company Director) Has overall and final responsibility for health and safety
Lee Badman (Operations Manager) Has day-to-day responsibility for ensuring this policy is put into
practice.
STATEMENT OF GENERAL POLICY | Responsibility of: Name/Title | Action/Arrangements What are you going to do? |
To prevent accidents and cases of work-related ill health and provide adequate control of health and safety risks arising from work and training activities. | Lee Badman Company Director | Relevant risk assessments completed and actions arising out of those assessments (Risk assessments reviewed when working habits or conditions within the training centre change. |
To provide adequate instruction, training and information to ensure that all employees/ students are competent to do their work and training within the centre. | Alex Cooke Operations Manager | Staff and students are given necessary health and safety induction regarding the training centre. |
To engage and consult with employees/students on day-to-day health and safety conditions and provide advice. | Lee Badman Company Director Alex Cooke Operations Manager | Staff routinely consulted on health and safety matters as they arise but also formally consulted at regular health and safety performance review meetings.
|
Implement emergency procedures – evacuation in case of fire or other significant incident. You can find help with your fire risk assessment at:
https://www.gov.uk/workplace-fire-safety-your-responsibilities
Shantelle Badman Company Director | Escape routes well signed and kept clear at all times. Evacuation plans are tested from time to time and updated as necessary. |
Maintain safe and healthy working and training conditions. |
Note 1: https://www.gov.uk/workplace-fire-safety-your-responsibilities
Health and safety law poster is displayed at (location) | Within the Communal area of 7 Easton Road TMS Offices |
First-aid box is located: | The communal area as signed |
Accident book is located: | Within the TMS Office |
Accidents and ill health at work reported under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations)
http://www.hse.gov.uk/riddor http://www.hse.gov.uk/riddor
Subject to Review, Monitoring and Revision by Lee Badman (Operations Manager)
Every: 3 Months or sooner if work activity changes
Internal moderation is how medsec.academy (TMS Protect) ensures quality of all programmes delivered through all Awarding Bodies.
THE KEY PRINCIPLES OF INTERNAL VERIFICATION ARE THAT:
- The IV has access to all assessments
- Sampling is carried out to ensure consistency
- A variety of assessments are sampled (See percentages below)
- Sampling includes evaluations that Tutor(s) / Assessor(s) feel will not result in the award, as well as, evaluations that the Tutor(s) / Assessor(s) feel will result in the award being given
SAMPLING MUST:
- Adequately cover the range
- Include all levels of the programme
- Be adequate and provide a consistent and valid measure
- Any of issues of concern will be discussed by the IV with the Tutor(s) / Assessor(s).
- Internal Verification is a system whereby the IV checks assessment procedures against the best practice of the team, as well as, networking to share ideas and review issues affecting quality.
- The Internal Verifier will monitor how the submission document to the awarding body is being met in practice and ensure the External Verifiers recommendations are included in action planning in an annual cycle.
- We look in general to internally verify at the completion of the portfolio. However, the invigilator can refer portfolios at any time to the IV. They can sample portfolios anytime especially if there are problems uncounted by the student or completion is taking a lengthy period.
- medsec.academy has an Internal Verification system which will provide for:
- A co-ordinated approach, including efficient recording, monitoring and evaluation
- Accountability allowing for action planning
- A procedure for assessment sampling including a minimum of 50 % of trainees work and a minimum of 50% Units per trainee and all trainees work assessed by new Tutors / Assessors for their first 100% group
- A minimum of 2 standardisation meetings per year
- Sampling will occur for all courses with the IV observing teaching / assessment on at least 2 occasion(s)
- Communication with the external moderator as necessary
This policy is aimed at our customers, including learners, who are delivering/registered on courses approved qualifications or units and who are involved in suspected or actual malpractice/maladministration. It is also for use by our staff to ensure they deal with all malpractice and maladministration investigations in a consistent manner.
It sets out the steps our centre, and learners or other personnel must follow when reporting suspected or actual cases of malpractice/maladministration and our responsibilities in dealing with such cases. It also sets out the procedural steps we will follow when reviewing the cases.
CENTRE’S RESPONSIBILITY
It is important that all staff involved in the management, assessment and quality assurance of our qualifications, and learners, are fully aware of the contents of the policy and we have arrangements in place to prevent and investigate instances of malpractice and maladministration.
DEFINITION OF MALPRACTICE
Malpractice is essentially any activity or practice which deliberately contravenes regulations and compromises the integrity of the internal or external assessment process and/or the validity of certificates.
It covers any deliberate actions, neglect, default or other practice that compromises, or could compromise:
The assessment process;
- The integrity of a regulated qualification;
- The validity of a result or certificate;
- The reputation and credibility of the medsec.academy Training Centre; or,
- The qualification or the wider qualifications community.
Malpractice may include a range of issues from the failure to maintain appropriate records or systems, to the deliberate falsification of records in order to claim certificates.
For the purpose of this policy this term also covers misconduct and forms of unnecessary discrimination or bias towards certain or groups of learners.
DEFINITION OF MALADMINISTRATION
Maladministration is essentially any activity or practice which results in noncompliance with administrative regulations and requirements and includes the application of persistent mistakes or poor administration.
EXAMPLES OF MALADMINISTRATION
- Persistent failure to adhere to our learner registration and certification procedures.
- Persistent failure to adhere to our centre recognition and/or qualification requirements and/or associated actions assigned to the centre.
- Late learner registrations (both infrequent and persistent)
- Unreasonable delays in responding to requests and/or communications from TMS Protect (medsec.academy) \
- Training Centre or our Learners.
- Inaccurate claim for certificates
- Failure to maintain appropriate auditable records, e.g. certification claims and/or forgery of evidence
- Withholding of information, by deliberate act or omission, from us which is required to assure Active.
EXAMPLES OF MALPRACTICE
- Failure to carry out internal assessment, internal moderation or internal verification in accordance with our requirements
- Deliberate failure to adhere to our learner registration and certification procedures.
- Deliberate failure to continually adhere to our centre recognition and/or qualification approval requirements or actions assigned to your centre
- Deliberate failure to maintain appropriate auditable records, e.g. certification claims and/or forgery of evidence
- Fraudulent claim(s) for certificates
- Intentional withholding of information from us which is critical to maintaining the rigour of quality assurance and standards of qualifications
- Collusion or permitting collusion in exams/assessments
- Learners still working towards qualification after certification claims have been made
- Plagiarism by learners/staff
- Copying from another learner (including using ICT to do so).
PROCESS FOR MAKING AN ALLEGATION OF MALPRACTICE OR MALADMINISTRATION
Anybody who identifies or is made aware of suspected or actual cases of malpractice or maladministration at any time must immediately notify the Company Director or Training Director. In doing so they should put them in writing/email and enclose appropriate supporting evidence.
- All allegations must include (where possible):
- Learner’s name and Highfield registration number
- Training staff members name and job role – if they are involved in the case
- Details of the course/qualification affected or nature of the service affected
- Nature of the suspected or actual malpractice and associated dates details and outcome of any initial investigation carried out by the centre or anybody else involved in the case, including any mitigating circumstances
The Directors/HR Manager will then conduct an initial investigation prior to ensure that staff involved in the initial investigation are competent and have no personal interest in the outcome of the investigation.
In all cases of suspected malpractice and maladministration reported we’ll protect the identity of the ‘informant’ in accordance with our duty of confidentiality and/or any other legal duty.
CONFIDENTIALITY AND WHISTLE BLOWING
Sometimes a person making an allegation of malpractice or maladministration may wish to remain anonymous. Although it is always preferable to reveal your identity and contact details to us; however if you are concerned about possible adverse consequences you may request that the Company Director, Training Director or HR Manager do not divulge your identity.
While we are prepared to investigate issues which are reported to us anonymously we shall always try to confirm an allegation by means of a separate investigation before taking up the matter with those the allegation relates.
RESPONSIBILITY FOR THE INVESTIGATION
In accordance with regulatory requirements all suspected cases of maladministration and malpractice will be examined promptly by TMS to establish if malpractice or maladministration has occurred and will take all reasonable steps to prevent any adverse effect from the occurrence as defined by Ofqual.
We will acknowledge receipt, as appropriate, to external parties within 48 hours.
Our Director will be responsible for ensuring the investigation is carried out in a prompt and effective manner and in accordance with the procedures in this policy and will allocate a relevant member of staff
to lead the investigation and establish whether or not the malpractice or maladministration has occurred, and review any supporting evidence received or gathered by TMS.
NOTIFYING RELEVANT PARTIES
Where applicable, our Company Director, Training Director will inform the appropriate regulatory authorities if we believe there has been an incident of malpractice or maladministration which could either invalidate the award of a qualification or if it could affect another awarding organisation.
Where the allegation may affect another awarding organisation and their provision we will also inform them in accordance with the regulatory requirements and obligations imposed by the regulator Ofqual. If we do not know the details of organisations that might be affected we will ask Ofqual to help us identify relevant parties that should be informed.
INVESTIGATION TIMELINES AND SUMMARY PROCESS
We aim to action and resolve all stages of the investigation within 10 working days of receipt of the allegation.
The fundamental principle of all investigations is to conduct them in a fair, reasonable and legal manner, ensuring that all relevant evidence is considered without bias. In doing so investigations will be based around the following broad objectives:
- To establish the facts relating to allegations/complaints in order to determine whether any irregularities have occurred.
- To identify the cause of the irregularities and those involved.
- To establish the scale of the irregularities.
- To evaluate any action already taken
- To determine whether remedial action is required to reduce the risk to current registered learners and to preserve the integrity of TMS and the qualification.
- To identify any adverse patterns or trends.
The investigation may involve a request for further information from relevant parties and/or interviews with personnel involved in the investigation. Therefore, we will:
- Ensure all material collected as part of an investigation must be kept secure.
- If an investigation leads to invalidation of certificates, or criminal or civil prosecution, all records and original documentation relating to the case will be retained until the case and any appeals have been heard and for five years thereafter.
- Expect all parties, who they are either directly or indirectly involved in the investigation, to fully co-operate with us.
Either at notification of a suspected or actual case of malpractice or maladministration and/or at any time during the investigation, we reserve the right to withhold a learner’s, and/or cohort’s, results.
Where a member of medsec.academy staff or a TMS Protect Associate is under investigation we may suspend them or move them to other duties until the investigation is complete.
Throughout the investigation our Company Director, Training Director or HR Manager will be responsible for overseeing the work of the investigation team to ensure that due process is being followed, appropriate evidence has been gathered and reviewed and for liaising with and keeping informed relevant external parties.
INVESTIGATION REPORT
After an investigation, we will produce a draft report for the parties concerned to check the factual accuracy. Any subsequent amendments will be agreed between the parties concerned and ourselves. The report will:
- Identify where the breach, if any, occurred.
- Confirm the facts of the case.
- Identify who is responsible for the breach (if any)
- Confirm an appropriate level of remedial action to be applied.
We’ll make the final report available to the parties concerned and to the regulatory authorities and other external agencies as required.
If it was an independent/third party that notified us of the suspected or actual case of malpractice, we’ll also inform them of the outcome – normally within 10 working days of making our decision – in doing so we may withhold some details if to disclose such information would breach a duty of confidentiality or any other legal duty.
If it’s an internal investigation against a member of our staff the report will be agreed by the Company Director, along with the relevant internal managers and appropriate internal disciplinary procedures will be implemented.
INVESTIGATION OUTCOMES
If the investigation confirms that malpractice or maladministration has taken place we will consider what action to take in order to:
- Minimise the risk to the integrity of certification now and in the future.
- Maintain public confidence in the delivery and awarding of qualifications.
- Discourage others from carrying out similar instances of malpractice or maladministration.
- Ensure there has been no gain from compromising our standards.
THE ACTION WE TAKE MAY INCLUDE:
Imposing actions in order to address the instance of malpractice/maladministration and to prevent it from reoccurring
In cases where certificates are deemed to be invalid, inform the Awarding Organisation concerned and the regulatory authorities why they’re invalid and any action to be taken for reassessment and/or for the withdrawal of the certificates. We’ll also let the affected learners know the action we’re taking and that their original certificates are invalid and ask – where possible – to return the invalid certificates to medsec.academy Informing relevant third parties (e.g. funding bodies) of our findings in case they need to take relevant action in relation to the centre.
Internal moderation is how medsec.academy TMS Protect Ltd ensures quality of all programmes delivered through all Awarding Bodies.
THE KEY PRINCIPLES OF INTERNAL VERIFICATION ARE THAT:
- The IV has access to all assessments
- Sampling is carried out to ensure consistency
- A variety of assessments are sampled (See percentages below)
- Sampling includes evaluations that Tutor(s) / Assessor(s) feel will not result in the award, as well as, evaluations that the Tutor(s) / Assessor(s) feel will result in the award being given
SAMPLING MUST:
- Adequately cover the range
- Include all levels of the programme
- Be adequate and provide a consistent and valid measure
- Any of issues of concern will be discussed by the IV with the Tutor(s) / Assessor(s).
- Internal Verification is a system whereby the IV checks assessment procedures against the best practice of the team, as well as, networking to share ideas and review issues affecting quality.
- The Internal Verifier will monitor how the submission document to the awarding body is being met in practice and ensure the External Verifiers recommendations are included in action planning in an annual cycle.
- We look in general to internally verify at the completion of the portfolio. However, the invigilator can refer portfolios at any time to the IV. They can sample portfolios anytime especially if there are problems uncounted by the student or completion is taking a lengthy period.
- T1 Training has an Internal Verification system which will provide for:
- A co-ordinated approach, including efficient recording, monitoring and evaluation
- Accountability allowing for action planning
- A procedure for assessment sampling including a minimum of 50 % of trainees work and a minimum of 50% Units per trainee and all trainees work assessed by new Tutors / Assessors for their first 100% group
- A minimum of 2 standardisation meetings per year
- Sampling will occur for all courses with the IV observing teaching / assessment on at least 2 occasion(s)
- Communication with the external moderator as necessary
This policy sets out the procedures that learners and tutors should follow when implementing reasonable adjustments and special considerations.
REASONABLE ADJUSTMENTS
A reasonable adjustment helps to reduce the effect of a disability or difficulty that places the learner at a substantial disadvantage in the assessment situation.
Reasonable adjustments must not affect the validity or reliability of assessment outcomes, but may involve:
- Changing usual assessment arrangements
- Adapting assessment materials
- Providing assistance during assessment
- Re-organising the assessment physical environment
- Changing or adapting the assessment method
- Using assistive technology.
Reasonable adjustments must be approved by the Internal Quality Assurer (IQA) and set in place prior to assessment commencing. It is an arrangement to give a learner access to a qualification. The work produced following a reasonable adjustment must be assessed in the same way as the work from other learners.
Below are examples of reasonable adjustment. It is important to note that not all adjustments described below will be reasonable, permissible or practical in particular situations. The learner may not need, nor be allowed the same adjustment for all assessments.
A reasonable adjustment must never affect the validity or reliability of assessment, influence the outcome of assessment or give the learner(s) in question an unfair assessment advantage.
Examples of reasonable adjustments as defined by the above categories are listed below.
- Allowing extra time, e.g. assignment extensions
- Using a different assessment location
- Use of coloured overlays, low vision aids, CCTV
- Use of assistive software
- Assessment material in large format or Braille
- Readers/scribes
- Practical assistants/transcribers/prompters
- Assessment material on coloured paper or in audio format
- Language-modified assessment material
- British Sign Language (BSL)
- Use of ICT/responses using electronic devices
APPLYING REASONABLE ADJUSTMENTS
Reasonable Adjustments are the responsibility of the Training Centre. Reasonable adjustments are approved by the Quality Team before an assessment and are intended to allow attainment to be demonstrated.
A learner does not have to be disabled (as defined by the DDA) to qualify for reasonable adjustment; nor will every learner who is disabled be entitled to reasonable adjustment.
TMS will facilitate access for the learner. A reasonable adjustment is intended to allow access to assessment but can only be granted where the adjustment does not:
- Affect the validity or reliability of the assessment
- Give the learner(s) in question an unfair advantage over other learners taking the same or similar assessment
- Influence the final outcome of the assessment decision.
TMS is committed to fair and equal assessment of its learners.
SPECIAL CONSIDERATION
Special considerations are different to reasonable adjustments as they apply to a disadvantage that occurs to the learner either just before or during the assessment. Reasons for special consideration could be:
- Temporary illness
- Injury
- Adverse circumstances at the time of the assessment.
A learner may be eligible for special consideration if:
- Their performance in an external assessment is affected by circumstances beyond the control of the learner, e.g. recent personal illness, accident, bereavement, serious disturbance during the assessment
- The alternative assessment arrangements which were agreed in advance of the assessment proved inappropriate or inadequate
- Any part of an assessment has been missed due to circumstances beyond the control of the learner.
TMS will submit a written Special Consideration request to the Awarding organisations.
All applications for special consideration can only be made on a case-by-case basis and thus separate applications must be made for each learner.
Learners may apply for special consideration during or after an assessment but may not apply for special consideration in the case of a permanent disability or learning difficulty.
The size of the adjustment will depend on the circumstances during the assessment and will reflect the difficulty faced by the learner.
This Risk Assessment was completed by TMS Protect Management following the guidance in Five Steps to Risk Assessment.
1 To identify the hazards, the manager:
- looked at HSE’s web pages for small businesses (www.hse.gov.uk/smallbusinesses/index.htm), and for entertainment and leisure (www.hse.gov.uk/ entertainment/index.htm), to learn where hazards can occur.
- walked around various licensed premises including pubs, clubs and outdoor events noting things that might pose a risk and taking HSE’s guidance into consideration;
- talked to supervisors and staff to learn from their knowledge and experience of areas and activities, and to listen to their opinions about health and safety issues in the workplace;
- talked to the office cleaning contractors, and to his preferred suppliers of maintenance work, to ensure that their activities did not pose a risk to club staff, and vice-versa; and
- looked at the accident book, to gain an understanding of previous incidents.
2 TMS management then wrote down who could be harmed by the hazards and how.
3 For each hazard, they wrote down what controls, if any, were in place to manage these hazards, then compared these controls to the good practice guidance provided on the HSE website to establish what could be done to eliminate/control/reduce or limit the risk.
4 Putting the risk assessment into practice, the management decided and recorded that Shantelle Badman is ultimately responsible for implementing the actions identified as necessary. TMS Protect provide access publicly to this document along with all company policies and procedures and include it as part of the induction process for new employees.
5 At the staff meeting, the management team discussed the findings of the risk assessment with staff and pinned up a copy in the staffroom. They decided to review and update the risk assessment every year, or straightaway if any major changes in the workplace happened.
The following risk assessments are applicable to large format external and internal events including, but not limited to music events, festivals and sporting events. The first section of our risk assessments considers the risk to site/venue
For the full risk assessment please click here