Health and Safety
|Vspa Spa and Beauty Academy
Health and Safety Policy
- The overall responsibility for health and safety lies with the Proprietor Vspa Spa and Beauty Academy It will be the Proprietor’s responsibility to ensure their own safety but also that of any sub-contractors engaged and that of the customers/clients and learners.
- Vspa Spa and Beauty Academy (“the Business”) recognises and accepts its responsibilities under the Health and Safety at Work etc. Act 1974 including the responsibility to:
- provide and maintain a safe and healthy place of work
- provide and maintain plant and equipment and safe systems of work
- ensure safe access to and from the places of work
- work to prevent accidents and work related ill health
- General Health and Safety
- The Proprietor is committed to adhering to the requirements of the Management of Health and Safety at Work Regulations 1999 and other Regulations that apply to the business’s work activities.
- The Proprietor is committed to achieving the highest possible standards of health and safety in all work activities.
- The Proprietor will ensure that suitable assessments of all areas of work activities are carried out regularly, in order to identify hazards and control the risk of injury, disease and dangerous occurrences arising.
- The Proprietor is also committed to ensuring that the work that they do does not adversely affect the health and safety of other companies or members of the public including clients.
- The Proprietor will, so far as reasonably practicable, ensure that Vspa Spa and Beauty Academy provides satisfactory financial resources to meet these objectives.
- Copies of this policy are to be available to all interested parties.
- Proprietor’s Duties
The Proprietor takes sole responsibility for health, safety and welfare throughout Vspa Spa and Beauty Academy . In order to protect the safety and health of Vspa Spa and Beauty Academy and others affected by the Business’ operations, Vspa Spa and Beauty Academy will:
- Be aware of the basic requirements of the Health and Safety at Work etc. Act 1974 and relevant Regulations and Approved Codes of Practice.
- Ensure that Vspa Spa and Beauty Academy knows and understands the hazards and risks associated with the work activity and with the precautions which need to be taken to eliminate or control those risks.
- Ensure that sub-contractors (where appropriate) receive sufficient information so that they can carry out their duties safely.
- Before entrusting tasks to sub-contractors, take into account their capabilities as regards health and safety.
- Ensure that suitable Risk Assessments are carried out on any hazardous activity and that appropriate controls are put into place.
- Ensure that the supervisors (where appropriate) are adequately trained and supported to carry out their health and safety duties effectively.
- Ensure the safety performance of the Business is monitored and take action to remedy any identified deficiencies.
- Ensure that all necessary PPE is used.
- Ensure that adequate provision is made for welfare facilities at all workplaces (where appropriate).
- Ensure that all sub-contractors (where relevant) comply with relevant statutory obligations.
This policy will be reviewed annually or when there is a change in circumstances, in work practices or the introduction of new legislation.
MALPRACTICE & MALADMINISTRATION POLICY
This policy is aimed at our customers, including learners, who are delivering/registered on Vspa Spa and Beauty Academy programmes or courses, approved qualifications or units within or outside the UK 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.
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 AoL; 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 non-compliance 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 Vspa Spa and Beauty Academy 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 Directors of Vspa Spa and Beauty Academy . 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 Vspa Spa and Beauty Academy registration number
- Vspa Spa and Beauty Academys 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 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 Directors 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 Vspa Spa and Beauty Academy 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 Vspa Spa and Beauty Academy.
Notifying relevant parties
Where applicable, our 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 Vspa Spa and Beauty Academy 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 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 Vspa Spa and Beauty Academy staff or an Vspa Spa and Beauty Academy Associate is under investigation we may suspend them or move them to other duties until the investigation is complete.
Throughout the investigation our Director 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.
After an investigation, we’ll 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 Managing Director, along with the relevant internal managers and appropriate internal disciplinary procedures will be implemented.
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 Vspa Spa and Beauty 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.
In addition, to the above the Director will record any lessons learnt from the investigation and pass these onto relevant internal colleagues to help prevent the same instance of maladministration or malpractice from reoccurring.
If the relevant party (ies) wishes to appeal against our decision to impose sanctions, please refer to our Complaints Procedure.
Date updated: January 2018
- Vspa recognises that discrimination and victimisation is unacceptable and that it is in the interests of the Company and its employees to utilise the skills of the total workforce. It is the aim of the Company to ensure that no employee or job applicant receives less favourable facilities or treatment (either directly or indirectly) in recruitment or employment on grounds of age, disability, gender / gender reassignment, marriage / civil partnership, pregnancy / maternity, race, religion or belief, sex, or sexual orientation (the protected characteristics).
- Our aim is that our workforce will be truly representative of all sections of society and each employee feels respected and able to give of their best.
- We oppose all forms of unlawful and unfair discrimination or victimisation. To that end the purpose of this policy is to provide equality and fairness for all in our employment.
- All employees, whether part-time, full-time or temporary, will be treated fairly and with respect. Selection for employment, promotion, training or any other benefit will be on the basis of aptitude and ability. All employees will be helped and encouraged to develop their full potential and the talents and resources of the workforce will be fully utilised to maximise the efficiency of the organisation.
- Our staff will not discriminate directly or indirectly, or harass customers or clients because of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation in the provision of the Company’s goods and services.
- This policy and the associated arrangements shall operate in accordance with statutory requirements. In addition, full account will be taken of any guidance or Codes of Practice issued by the Equality and Human Rights Commission, any Government Departments, and any other statutory bodies.
- To create an environment in which individual differences and the contributions of all our staff are recognised and valued.
- Every employee is entitled to a working environment that promotes dignity and respect to all. No form of intimidation, bullying or harassment will be tolerated.
- Training, development and progression opportunities are available to all staff.
- To promote equality in the workplace which we believe is good management practice and makes sound business sense.
- We will review all our employment practices and procedures to ensure fairness.
- Breaches of our equality policy will be regarded as misconduct and could lead to disciplinary proceedings.
- This policy is fully supported by senior management and has been agreed with trade unions and/or employee representatives.
- The policy will be monitored and reviewed annually
RESPONSIBILITIES OF MANAGEMENT
Responsibility for ensuring the effective implementation and operation of the arrangements will rest with the Chief Executive. Directors / Managers will ensure that they and their staff operate within this policy and arrangements, and that all reasonable and practical steps are taken to avoid discrimination. Each manager will ensure that:
- all their staff are aware of the policy and the arrangements, and the reasons for the policy;
- grievances concerning discrimination are dealt with properly, fairly and as quickly as possible;
- proper records are maintained.
Human Resources / Head Office will be responsible for monitoring the operation of the policy in respect of employees and job applicants, including periodic departmental audits.
RESPONSIBILITIES OF STAFF
Responsibility for ensuring that there is no unlawful discrimination rests with all staff and the attitudes of staff are crucial to the successful operation of fair employment practices. In particular, all members of staff should:
- comply with the policy and arrangements;
- not discriminate in their day to day activities or induce others to do so;
- not victimise, harass or intimidate other staff or groups who have, or are perceived to have one of the protected characteristics.
- ensure no individual is discriminated against or harassed because of their association with another individual who has a protected characteristic.
- inform their manager if they become aware of any discriminatory practice.
Third-party harassment occurs where a Company employee is harassed, and the harassment is related to a protected characteristic, by third parties such as clients or customers. Vspa will not tolerate such actions against it’s staff, and the employee concerned should inform their manager / supervisor at once that this has occurred. Vspa will fully investigate and take all reasonable steps to ensure such harassment does not happen again.
RELATED POLICIES AND ARRANGEMENTS
All employment policies and arrangements have a bearing on equality of opportunity. The Company policies will be reviewed regularly and any discriminatory elements removed.
RIGHTS OF DISABLED PEOPLE
The Company attaches particular importance to the needs of disabled people.
Under the terms of this policy, managers are required to:
- make reasonable adjustment to maintain the services of an employee who becomes disabled, for example, training, provision of special equipment, reduced working hours. (NB: managers are expected to seek advice on the availability of advice and guidance from external agencies to maintain disabled people in employment);
- include disabled people in training/development programmes;
- Give full and proper consideration to disabled people who apply for jobs, having regard to making reasonable adjustments for their particular aptitudes and abilities to allow them to be able to do the job.
A series of regular briefing sessions will be held for staff on equality issues. These will be repeated as necessary. Equality information is also included in induction programmes.
Training will be provided for managers on this policy and the associated arrangements. All managers who have an involvement in the recruitment and selection process will receive specialist training.
- The Company deems it appropriate to state its intention not to discriminate and assumes that this will be translated into practice consistently across the organisation as a whole. Accordingly, a monitoring system will be introduced to measure the effectiveness of the policy and arrangements.
- The system will involve the routine collection and analysis of information on employees by gender, marital status, ethnic origin, sexual orientation, religion / beliefs, grade and length of service in current grade. Information regarding the number of staff who declare themselves as disabled will also be maintained.
- There will also be regular assessments to measure the extent to which recruitment to first appointment, internal promotion and access to training/development opportunities affect equal opportunities for all groups.
- We will maintain information on staff who have been involved in certain key policies: Disciplinary, Grievance and Bullying & Harassment.
- Where appropriate equality impact assessments will be carried out on the results of monitoring to ascertain the effect of the Company policies and our services / products may have on those who experience them.
- The information collected for monitoring purposes will be treated as confidential and it will not be used for any other purpose.
- If monitoring shows that the Company, or areas within it, are not representative, or that sections of our workforce are not progressing properly within the Company, then an action plan will be developed to address these issues. This will include a review of recruitment and selection procedures, Company policies and practices as well as consideration of taking legal Positive Action.
The effectiveness of this policy and associated arrangements will be reviewed annually under the direct supervision of the Company Director.