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Gender Equality, Equality and Diversity Policy and Statement

Gender Equality and Equality and Diversity Statement

 

ASA Training Ltd is committed to promoting equality and diversity, providing an inclusive and supportive environment for all.  This shall mean fairness for all:        the recognition, development and use of everyone’s talents.   This fairness will run through recruitment, selection, training, promotion, specialisation, and career development.

 

Through our Equality and Diversity Policy we will strive to ensure that:

Individuals are always given equality of opportunity.

No individual will be discriminated against on the grounds of age, sex, gender, colour, marital status, race, nationality or ethnic or national origin, religion, sexual orientation, Trade Union membership, hours of work, disability.

Ex-offenders will be considered on their merits as with other learners, though with any special criteria taken into account.

  • By adopting a programme of action, we will seek to eliminate unlawful or unfair discrimination and promote positive action and ensure that everyone has a responsibility to adopt and embrace the
  • We are committed to improving the economic prosperity of the area, a region rich in cultural diversity, and believe that through diversity, as an employer and a provider of learning and development, we can ensure inclusion and fair
  • As an employer we will ensure recruitment, selection, appraisal, training, and promotion of staff is
  • We are committed to effectively promoting equality and diversity and tackling all forms of discrimination.
  • We will seek to ensure that all learners are provided with effective support to enable them to fulfil their potential and in so doing we will narrow any differences there may be in the achievement of different groups of
  • We are committed to safeguarding young people and vulnerable adults, providing a working, and learning environment which enables individuals to
  • We will ensure that learners enjoy and achieve, feel safe, are able to make informed choices about their health and well-being, empowered to make a positive contribution to their community and achieve economic well-being.

 

As a Provider of training and development, we will ensure open access to learning where individuals are recruited based on merit with progress and achievement monitored to ensure equality of opportunity.

ASA Training Ltd is committed to monitoring reviewing this policy to make it fully effective.  This policy will be reviewed every 12 months.

 

Gender Equality and Equality and Diversity Policy

 

1.                  INTRODUCTION

 

ASA Training Ltd strives to be an Equal Opportunity Organisation. ASA Training Ltd recognises that in our society, groups and individuals have been and continue to be discriminated against on the basis of age, sex, gender/gender reassignment, colour, marital status, race, nationality or ethnic or national origin, religion, sexual orientation, Trade union membership, hours of work, disability, and ex-offenders.

 

The aim of ASA Training Ltd.’s Equality and Diversity Policy therefore is to ensure that no employee, job applicant, or learner receives less favourable treatment on the grounds stated above.

 

ASA Training Ltd is committed to taking positive steps to redress discrimination and to provide genuine equality of opportunity to enable us to make full and effective use of our workforce and to enable learners and staff to attain their full potential.

 

2.      POLICY

 

The policy and its practice will be continuously monitored to ensure its effectiveness.

 

  • ASA Training Ltd 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 It is the aim of the Company to ensure that no employee, job applicant or learner 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).

 

  • 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

 

As an employer, ASA Training Ltd will operate the equality and diversity policy in the recruitment, selection, appraisal, training, and promotion of staff at all levels. Selection criteria and procedures will be monitored and reviewed to ensure that individuals are recruited and selected based on their relevant merits and abilities by ways that can be shown to be not discriminatory. All employees will be afforded the opportunity to undertake training appropriate to their present posts and future aspirations. It will use positive action to promote equality of access throughout its employment provision.

 

As a provider of training and development, ASA Training Ltd will offer open for access to its learning opportunities. Selection criteria and procedures will be monitored and reviewed   to ensure that learners are recruited based on their relevant merits and abilities.  Progress and achievement will be subject to monitoring and review to ensure that there is no discrimination.

 

ASA Training Ltd will:

  • Ensure that people are treated solely on the basis of their abilities and potential, regardless of race, colour, nationality, ethnic origin, religious or political belief or affiliation, trade union membership, age, gender, gender reassignment, marital status, sexual orientation, disability, socio-economic background, or any other inappropriate
  • Promote diversity and equality for learners and staff and value the contributions made by individuals and groups of people from diverse cultural, ethnic, socioeconomic, and distinctive
  • Promote and sustain an inclusive and supportive learning and work environment which affirms the equal and fair treatment of individuals in fulfilling their potential and does not afford unfair privilege to any individual or
  • Ensure that different groups of learners, whether that be in terms of gender, ethnicity, or disability, are provided with effective support so that they can achieve on par with all
  • Challenge inequality and less favourable treatment and wherever
  • Ensure individuals experience a level playing field for achieving
  • Promote greater participation of under-represented groups of learners and staff by encouraging positive action to address
  • Promote an environment free of harassment and bullying on any grounds in relation to all staff, learners, and

 

3          DEFINITIONS

 

  • Direct Discrimination

Direct discrimination takes place when a person is treated less favourably than others (in the same circumstances) on the grounds of race, colour, national or ethnic origin, sex, gender/gender reassignment, marital status, sexuality, or disability.

 

3.2     Indirect Discrimination

Indirect discrimination means applying a condition or requirement, which adversely affects one particular group considerably more than another and cannot be strictly justified in terms of the requirements of the job.

 

3.3     Racial Discrimination

Discrimination on the grounds of colour, race, nationality (including citizenship), ethnic or national origins. Race may also cover some religious groups. The policy is directed towards the effect of racial discrimination in employment, and the combating of the disproportionately high unemployment this produces.

 

3.4     Sex Discrimination

Sex discrimination is discrimination on the grounds of a person’s sex or marital status. ASAT is committed to countering sexual discrimination against in all its forms.

 

3.5     Discrimination on the grounds of Sexuality

A person can be discriminated on the grounds of not being heterosexual. At present there is a prevailing view that heterosexuality and heterosexual behaviour is superior to any other form of sexuality. ASAT recognises that discrimination against lesbians and gay men is not always identifiable.

 

3.6      Discrimination on the grounds of Disability

This policy covers all people with disabilities who on account of injury, illness or congenital deformity may be handicapped in obtaining or keeping employment, or in undertaking work on his/her own account, of a kind which, apart from their injury, illness or deformity would be suited to their age, experience, and qualifications.

An applicant with disabilities shall not be disbarred from employment or learning on the grounds of disability, restricted access, or inadequate equipment, where, with reasonable efforts and expenditure, the problems could be resolved.

 

3.7 Age Discrimination

Age discrimination is the process whereby negative assumptions about age impinge on employment-related and other decisions. Whilst restrictions regarding age are sometimes necessary it is recognised that age discrimination is wasteful and aggravates the discrimination and disadvantage suffered on the grounds of race, sex, sexuality, and disability.

ASAT will ensure that age is not used as a formal or informal factor in recruitment, selection and promotion or learning and development issues except in clearly identified and considered cases.

Both young and older workers shall be encouraged to take advantage of opportunities for promotion as well as opportunities for learning and development.

 

3.8       Religious Discrimination

Religious discrimination in employment and learning is the process whereby a decision is predicated on account of a person’s religious observance belief or practice. Such a process is likely to increase the pressures which people from discriminated against groups are subjected to.

Except where it is permissible as· a genuine occupational qualification, there will be no discrimination on the basis of religion.

Where members of staff have particular cultural and religious needs which conflict with existing work or learning requirements ASAT will consider whether it is reasonably practical to vary or adapt these requirements to enable such needs to be met.

 

3.9       Gender/Gender Reassignment Discrimination

This is when you are treated differently because you are transgender. The treatment could be a one-off action or because of a rule or policy. It doesn’t have to be intentional to be unlawful.

The Equality Act 2010 says that you must not be discriminated against because you are transgender, when your gender identity is different from the gender assigned to you when you were born.

In the Equality Act it is known as gender reassignment. All transsexual people share the common characteristic of gender reassignment.

To be protected from gender reassignment discrimination, you do not need to have undergone any specific treatment or surgery to change from your birth sex to your preferred gender. This is because changing your physiological or other gender attributes is a personal process rather than a medical one

ASA Training Ltd believes that a person’s gender does not generally have any bearing on their ability or suitability for employment or learning opportunities

  • ASA Training Ltd will encourage an openness of approach to all potential job applicants and
  • Raise awareness and understanding of staff and learners
  • Respect the sexual/gender orientation of all employees and learners

 

4     SELECTION, RECRUTIMENT AND PROMOTION

All posts at ASA Training Ltd will be open to all members of those groups discriminated against. Criteria and procedures will be altered and reviewed to ensure that individuals are selected, promoted, and treated on their relevant merits and abilities.

There will be no ceiling on the number of people from discriminated against groups who may be employed in any department.

Except where it is permissible as a genuine occupational qualification there will be no discrimination on the basis of religion.

ASAT will ensure that age is not used as a formal or informal factor in recruitment, selection, promotion or learning and development issues except in clearly identified and considered cases.

Recruitment

Draw up clear and justifiable job criteria (Role Description and Personal Specification) before advertising the position.

Advertisements and other recruitment literature need to be so constructed that they avoid the use of stereotypes and are not indirectly discriminatory. Where to place the advertisements is also a potential equal opportunities issue, e.g. who will/won’t have access to the information.

Select candidates for short listing in accordance with criteria from the person specification. At the selection interview, managers must ensure that questions, assessments, and judgement are in no way affected by discriminatory attitudes, whether on the grounds of sex, age, marriage or civil partnership, race, ethnic or national origins, disability, political or religious belief, sexual orientation, or gender reassignment/recognition status.

Reasonable adjustments to the recruitment process will be made as required to ensure that no applicant is disadvantaged.

 

5       TRAINING AND RETRAINING

ASA Training Ltd recognises the importance of employing more people from discriminated groups across all departments and at all levels including management. It will therefore ensure that where it is appropriate employees will be given special training and encouragement to achieve equality of opportunity including retraining for women after a break in employment.

No ceiling will be placed on the number of people selected for such training.

ASA Training Ltd employees are expected to comply with the EOP, and training will be given, if necessary, on aspects of the policy.

ASA Training Ltd will make all reasonable endeavors to provide facilities for disabled people, to provide equal opportunities to training, career development and promotion including special training needs.

Both young and older workers shall be encouraged to take advantage of opportunities for promotion as well as opportunities for training and development.

 

It is recognised that discrimination and prejudice will not cease merely as result of policy decisions. Training is an important part of strategies which are needed to change practices and attitudes. ASA Training Ltd intends to make available to all employees training, which will increase their awareness of discrimination and disadvantage suffered by various groups and how to positively counter negative attitudes.

 

6 HARRASSMENT

Harassment includes unreciprocated and unwelcome comments, looks, actions, materials, suggestions, or physical contact that is found objectionable and/or offensive and may create an intimidating working environment.

The Company’s view is that it is in everyone’s interests that the working environment encourages harmonious, respectful, and dignified working relations between individuals and indeed all employees. This policy and procedure sets out our approach to the handling of complaints alleging sexual harassment or bullying in or associated with the workplace together with the ways in which the Company will respond.

Sexual harassment is unwanted behaviour by colleagues which is of a sexual nature and which the recipient finds objectionable. Sexual harassment may be verbal, nonverbal, or physical in nature. Both men and women may be victims or perpetrators. Both are entitled to equal protection under the law and will be given equal protection by ASA Training Ltd.

Bullying may involve forms of physical or verbal assault, harassment, oppression, persecution, or intimidation.   Bullying may be designed or have the effect of undermining the confidence and self-esteem of the victim. It may or may not be associated with elements of sexual harassment.

 

The policy of ASA Training Ltd as regards sexual harassment or bullying is:

 

ASA Training Ltd will not tolerate sexual harassment or bullying in or associated with the workplace in any form.   Allegations against an employee or learner that they have been responsible for behaviour which constitutes sexual harassment or bullying will be dealt with via the Company’s published Disciplinary Procedure.

An employee or learner concluded to have been guilty in or related to the workplace of any act of sex discrimination, harassment or bullying is liable to serious disciplinary action, which could involve dismissal.

ASA Training Ltd.’s management team will act promptly to stop any sexually offensive behaviour and will take whatever steps are necessary to prevent such behaviour happening again.

The Company recognises that victims of sexual harassment or bullying may feel humiliated and intimidated and that it may be difficult for them to complain.   Anyone who believes they have been the subject of sexual harassment will be treated sensitively.  Appropriate assistance, for example counselling, will be made available in efforts to ameliorate any significant aftereffects or trauma associated with incidents of sexual harassment or bullying.

ASA Training Ltd.’s management team will encourage the development of a culture within the workplace which means that employees or learners will not feel threatened by instances of sexually harassing behaviour or bullying and will be able to challenge the perpetrators of such behaviour should it occur.

 

The Company will ensure that offensive material (e.g. literature, photographs, cartoons, data stored images, etc.) are not displayed or circulated within the Company and that the language in common use within the workplace is not offensive to either gender.

Each employee or learner has a duty to report any instances of sexually harassing behaviour or bullying which they witness, whether they themselves are the victim.

 

Prohibited Sexually Harassing Behaviour

An employee, learner, visitor, or subcontractor must not:

 

  • Make threats or offer inducements to a person in association with sexual advances
  • Touch, hold, grab, hug, kiss or make any other unwanted physical
  • Stare excessively or pointedly at a person’s
  • Lean or stand exceptionally or uncomfortably close to another
  • Use offensive language, tell offensive jokes, make personal sexual comments, suggestions, or
  • Circulate or display any offensive written material, images, calendars, or
  • Victimise any member of staff who has lodged complaints of sexual

 

Prohibited Bullying Behaviour 

  • An employee, learner, visitor, or subcontractor must not:
  • Make verbal
  • Tell hurtful
  • Publicly denounce or humiliate an
  • Perpetrate any type of physical
  • Apply undue pressure or coercion to any
  • Withdraw co-operation from any individual or isolate
  • Spread malicious

This list is indicative and not exhaustive.

Employees and learners are encouraged to read the separate policies for:

  • Safeguarding
  • Harassment and Bullying
  • Cyberbullying

 

8           EMPLOYMENT PRACTICES AND CONDITIONS OF SERVICE

All service conditions will be reviewed to ensure that they do not discriminate against any particular group but provide for the varying needs of the entire workforce.

Employment practices will be adapted to meet the demands of childcare and the care of other dependents e.g. job share, paternity leave etc.

Where a member of staff is convicted of an offence arising solely by reason of his/her homosexuality (which would not be considered an offence for heterosexuals) it shall not be treated as an offence.

The cultural mode of dress of all employees and learners will be respected.

Where members of staff and learners have particular cultural and religious needs which conflict with existing work requirements ASAT will consider whether it is reasonably practical to vary or adapt these requirements to enable such needs to be met.

Where cultural and religious beliefs conflict with the primary aims and objectives of ASATS EOP the primary aims of the EOP shall prevail.

All staff and learners regardless of their age shall enjoy the full protection of ASAT’s EOP and avail themselves of the procedures agreed as part of the EO process to achieve their full potential.

It will be a condition of service that employees and learners adhere to the EOP and failure to

do so shall be cause for disciplinary measures to be taken.

 

9           ORGANISATIONAL REQUIREMENTS

It is the responsibility of all staff to actively promote equality of opportunity within their own sphere of responsibility.

10       RECORDING AND MONITORING

ASA Training Ltd is committed to an efficient and confidential monitoring system to ensure effective implementation of the policy.

11       COMPLAINTS

Should any learner or staff feel that they have been discriminated against during their time with ASA Training Ltd they need to ensure that the organisation is aware of their grievance in order that it can be investigated, and action taken where appropriate.

Staff should follow the grievance procedure within the company handbook.

Learners and/or employer should use the Complaints and disputes resolution process. If they would rather talk to a member of ASA Training Ltd, they can either ring the head office or speak to their Assessor. The process will follow that detailed in the Appeals Procedure.

Data Protection Policy – GDPR

 

Organisation and Data Protection Officer/Data Controller

 

Anderson Stockley Accredited Training Ltd

Senior Business Manager – John Turner

Policy operational date 25th May 2018

 

Policy prepared by Head of Quality & Apprenticeships – Claire Lamb

 

Approved by Managing Director

 

Policy review date June 2025

 

 

Rationale

ASAT Ltd is committed to a policy of protecting the rights and privacy of individuals, including learners, staff and others, in accordance with the General Data Protection Regulation (GDPR) May 2018.

The new regulatory environment demands higher transparency and accountability in how organisations manage and use personal data. It also accords new and stronger rights for individuals to understand and control that use.

The GDPR contains provisions that the ASAT Ltd will need to be aware of as data controllers, including provisions intended to enhance the protection of student ’s personal data. For example, the GDPR requires that:

We must ensure that our privacy notices are written in a clear, plain way that staff and students will understand.

ASAT Ltd needs to process certain information about its staff, students, parents and guardians and other individuals with whom it has a relationship for various purposes such as, but not limited to:

  1. The recruitment and payment of staff.
  2. The administration of programmes of study and courses.
  3. Learner enrolment.
  4. Examinations and external accreditation.
  5. Recording learner progress, attendance and conduct.
  6. Collecting fees.
  7. Complying with legal obligations to funding bodies and government including local

government.

To comply with various legal obligations, including the obligations imposed on it by the General Data Protection Regulation (GDPR) ASAT Ltd must ensure that all this information about individuals is collected and used fairly, stored safely and securely, and not disclosed to any third party unlawfully.

 

Compliance

This policy applies to all staff and learners of ASAT Ltd.  Any breach of this policy or of the Regulation itself will be considered an offence and the organisation’s disciplinary procedures will be invoked.

This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments to the GDPR and other relevant legislation.

 

General Data Protection Regulation (GDPR)

This piece of legislation comes in to force on the 25th May 2018. The GDPR regulates the processing of personal data and protects the rights and privacy of all living individuals (including children), for example by giving all individuals who are the subject of personal data a general right of access to the personal data which relates to them. Individuals can exercise the right to gain access to their information by means of a ‘subject access request’. Personal data is information relating to an individual and may be in hard or soft copy (paper/manual files; electronic records; photographs) and may include facts or opinions about a person.

 

The GDPR also sets out specific rights for learners in relation to educational records held within the state education system. These rights are set out in separate education regulations ‘The Education (Pupil Information) (England) Regulations 2000’. For more detailed information on these Regulations see the Data Protection Data Sharing Code of Practice (DPCoP) from the Information Commissioner’s Office (ICO). Please follow this link to the ICO’s website (www.ico.gov.uk)

 

Responsibilities under the GDPR

ASAT Ltd will be the ‘data controller’ under the terms of the legislation – this means it is ultimately responsible for controlling the use and processing of the personal data.

ASAT Ltd has appointed a Data Protection Officer (DPO), currently the Director of business, who is available to address any concerns regarding the data held by ASAT Ltd and how it is processed, held and used.

The Management Team is responsible for all day-to-day data protection matters and will be responsible for ensuring that all members of staff and relevant individuals abide by this policy, and for developing and encouraging good information handling within the organisation.

Compliance with the legislation is the personal responsibility of all members of the

College who process personal information.

Individuals who provide personal data to the organisation are responsible for ensuring

that the information is accurate and up-to-date.

 

Data Protection Principles

The legislation places a responsibility on every data controller to process any personal data in accordance with the eight principles. More detailed guidance on how to comply with these principles can be found in the DPCoP. Please follow this link to the ICO’s website (www.ico.gov.uk)

 

In order to comply with its obligations, ASAT Ltd undertakes to adhere to the eight principles:

 

1)Process personal data fairly and lawfully.

 

ASAT Ltd will make all reasonable efforts to ensure that individuals who are the focus of the personal data (data subjects) are informed of the identity of the data controller, the purposes of the processing, any disclosures to third parties that are envisaged; given an indication of the period for which the data will be kept, and any other information which may be relevant. For example:

 

2) Process the data for the specific and lawful purpose for which it collected that data and not further process the data in a manner incompatible with this purpose.

 

ASAT Ltd will ensure that the reason for which it collected the data originally is the only reason for which it processes those data, unless the individual is informed of any additional processing before it takes place.

 

3) Ensure that the data is adequate, relevant and not excessive in relation  to   

 the purpose for which it is processed.

 

ASAT Ltd will not seek to collect any personal data which is not strictly necessary for the purpose for which it was obtained. Forms for collecting data will always be drafted with this mind. If any irrelevant data are given by individuals, they will be destroyed immediately.

 

4) Keep personal data accurate and, where necessary, up to date.

 

ASAT Ltd will review and update all data on a regular basis. It is the responsibility of the individuals giving their personal data to ensure that this is accurate, and each individual should notify the organisation if, for example, a change in circumstances mean that the data needs to be updated. It is the responsibility of ASAT Ltd to ensure that any notification regarding the change is noted and acted on.

 

5) Only keep personal data for as long as is necessary.

 

ASAT Ltd undertakes not to retain personal data for longer than is necessary to ensure compliance with the legislation, and any other statutory requirements. This means ASAT Ltd will undertake a regular review of the information held and implement a weeding process.

ASAT Ltd will dispose of any personal data in a way that protects the rights and privacy

of the individual concerned (e.g. secure electronic deletion, shredding and disposal of hard copy files as confidential waste). A log will be kept of the records destroyed.

 

6) Process personal data in accordance with the rights of the data subject

Under the legislation.

 

Individuals have various rights under the legislation including a right to:

 

  • be told the nature of the information the organisation holds and any parties to whom this may be disclosed.
  • prevent processing likely to cause damage or distress.
  • prevent processing for purposes of direct marketing.
  • be informed about the mechanics of any automated decision making process that will significantly affect them.
  • not have significant decisions that will affect them taken solely by automated process.
  • sue for compensation if they suffer damage by any contravention of the legislation.
  • take action to rectify, block, erase or destroy inaccurate data.
  • request that the Office of the Information Commissioner assess whether any provision of the Act has been contravened. ASAT Ltd will only process personal data in accordance with an individuals’ rights.

 

7) Put appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data, and against accidental loss or destruction of data.

 

All members of staff are responsible for ensuring that any personal data which they hold is kept securely and not disclosed to any unauthorised third parties.

ASAT Ltd will ensure that all personal data is accessible only to those who have a valid

reason for using it.

ASAT Ltd will have in place appropriate security measures e.g. ensuring that hard copy personal data is kept in lockable filing cabinets/cupboards with controlled access (with the keys then held securely with controlled access):

  • keeping all personal data in a lockable cabinet with key-controlled access.
  • password protecting personal data held electronically.
  • archiving personal data which are then kept securely (lockable storage).
  • placing any PCs or terminals, etc. that show personal data so that they are not visible

except to authorised staff.

  • ensuring that PC screens are not left unattended without a password protected screen-

saver being used.

 

In addition, ASAT Ltd will put in place appropriate measures for the deletion of personal data – manual records will be shredded or disposed of as ‘confidential waste’ and appropriate contract terms will be put in place with any third parties undertaking this work. Hard drives of redundant PCs will be wiped clean before disposal or if that is not possible, destroyed physically. A log will be kept of the records destroyed.

This policy also applies to staff who process personal data ‘off-site’, e.g. when working at home, and in circumstances additional care must be taken regarding the security of the data.

 

8) Ensure that no personal data is transferred to a country or a territory outside the European Economic Area (EEA) unless that country or territory ensures adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

ASAT Ltd will not transfer data to such territories without the explicit consent of the individual.

This also applies to publishing information on the Internet – because transfer of data can include placing data on a website that can be accessed from outside the EEA – so ASAT Ltd will always seek the consent of individuals before placing any personal data (including photographs) on its website.

If the organisation collects personal data in any form via its website, it will provide a clear and detailed privacy statement prominently on the website, and wherever else personal data is collected.

 

Consent as a basis for processing

 

Although it is not always necessary to gain consent from individuals before processing their data, it is often the best way to ensure that data is collected and processed in an open and transparent manner.

Consent is especially important when ASAT Ltd is processing any sensitive data, as defined by the legislation.

ASAT Ltd understands consent to mean that the individual has been fully informed of the intended processing and has signified their agreement (e.g. via the consent form at induction) whilst being of a sound mind and without having any undue influence exerted upon them. Consent obtained on the basis of misleading information will not be a valid basis for processing. Consent cannot be inferred from the non-response to a communication.

“Personal Details

  • For the purposes of the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679 you consent to ASAT Ltd holding and processing personal data including sensitive personal data of which you are the subject, details of which are specified in the organisation’s data protection policy.
  • This will include marketing images.

 

ASAT Ltd will ensure that any forms used to gather data on an individual will contain a statement (fair collection statement) explaining the use of that data, how the data may be disclosed and also indicate whether or not the individual needs to consent to the processing.

ASAT Ltd will include the specified statement from the DfE on the student enrolment form and update when required following the ESFA’s technical guidance:

 

How We Use Your Personal Information

This privacy notice is issued by the Education and Skills Funding Agency (ESFA), on behalf of the Secretary of State for the Department of Education (DfE). It is to inform learners how their personal information will be used by the DfE, the ESFA (an executive agency of the DfE) and any successor bodies to these organisations. For the purposes of the Data Protection Act 1998, the DfE is the data controller for personal data processed by the ESFA. Your personal information is used by the DfE to exercise its functions and to meet its statutory responsibilities, including under the Apprenticeships, Skills, Children and Learning Act 2009 and to create and maintain a unique learner number (ULN) and a personal learning record (PLR).

 

Your information may be shared with third parties for education, training, employment and well-being related purposes, including for research. This will only take place where the law allows it and the sharing is in compliance with the Data Protection Act 1998.

 

The English European Social Fund (ESF) Managing Authority (or agents acting on its behalf) may contact you in order for them to carry out research and evaluation to inform the effectiveness of training.

 

You can opt out of contact for other purposes by ticking any of the following boxes if you do not wish to be contacted:

About courses or learning opportunities.

For surveys and research.

By post.

By phone.

By email.

Further information about use of and access to your personal data, and

details of organisations with whom we regularly share data are available at:

https://www.gov.uk/government/publications/esfa-privacy-notice

 

ASAT Ltd will ensure that if the individual does not give his/her consent for the processing, and there is no other lawful basis on which to process the data, then steps will be taken to ensure that processing of that data does not take place.

 

Subject Access Rights (SARs)

 

Individuals have a right to access any personal data relating to them which are held by the organisation. Any individual wishing to exercise this right should apply in writing to the Operations Director.  Any member of staff receiving a SAR should forward this to the Operations Director.

An initial data request will be free of charge.

Anderson Stockley reserves the right to charge a fee for repeat data subject access requests (currently £25).

Under the terms of the legislation, any such requests must be complied with within one month from the original date of request.

 

Disclosure of Data

 

ASAT Ltd undertakes not to disclose personal data to unauthorised third parties, including family members, friends, government bodies and in some circumstances, the police.

Legitimate disclosures may occur in the following instances:

  • the individual has given their consent to the disclosure.
  • the disclosure has been notified to the OIC and is in the legitimate interests of the

organisation.

  • the disclosure is required for the performance of a contract.

 

There are other instances when the legislation permits disclosure without the consent

of the individual.

 

For detailed guidance on disclosures see the Code of Practice (CoP).

 

In no circumstances will ASAT Ltd sell any of its databases to a third party.

 

Publication of Information

 

ASAT Ltd publishes various items which will include some personal data, e.g.

  • internal telephone directory.
  • event information.
  • photos and information in marketing materials.

It may be that in some circumstances an individual wishes their data processed for such reasons to be kept confidential, or restricted access only. Therefore, it is ASAT Ltd policy to offer an opportunity to opt-out of the publication of such when collecting the information.

 

Email

 

It is the policy of ASAT Ltd to ensure that senders and recipients of email are made aware that under the DPA, and Freedom of Information Legislation, the contents of email may have to be disclosed in response to a request for information. One means by which this will be communicated will be by a disclaimer on the organisation’s email.

Under the Regulation of Investigatory Powers Act 2000, Lawful Business Practice Regulations, any email sent to or from the organisation may be accessed by someone other than the recipient for system management and security purposes.

 

Procedure for review

 

This policy will be updated as necessary to reflect best practice or future amendments made to the General Data Protection Regulation (GDPR) May 2018 and Data Protection Act 1998.

Please follow this link to the ICO’s website (www.ico.gov.uk) which provides further detailed guidance on a range of topics including individuals’ rights, exemptions from the Act, dealing with subject access requests, how to handle requests from third parties for personal data to be disclosed etc. In particular, you may find it helpful to read the Guide to Data Protection which is available from the website.

For help or advice on any data protection or freedom of information issues, please do not hesitate to contact:

The Data Protection Officer (DPO): John Turner – Director of Business

 

ASA LTD FITNESS TO PRACTISE DOCUMENT

The purpose of this document is to promote a professional and positive approach from all learners and to assist ASA Ltd in the decision of whether a student is fit to practice and undertake the relevant qualification.  As a Centre, delivering a professional and registerable qualification, ASA Ltd will support and implement the GDC Fitness to Practice policy. Learners must demonstrate during their education and training that they have the knowledge, skills and attitudes expected of a registered dental care professional. All learners should read the ‘Standards for dental professionals and General Dental Council Fitness to Practice document.

Reference: Student Professionalism and Fitness to Practise document – January 2024

 

IT IS ESSENTIAL THAT ALL LEARNERS READ THE “GDC STUDENT FITNESS TO PRACTISE DOCUMENT”

 

THIS CAN BE FOUND AT: – WWW.GDC-UK.ORG

 

GDC Requirements:

“Student professionalism is a significant part of meeting student fitness to practise requirements.

This is highlighted in the student guidance. Student professionalism is the way students respond

to the standards required of them and the issues they may face during training. It is how they

demonstrate the appropriate attitudes and behaviour with patients and colleagues (staff on the

training programme, employers and other students) and develop the ability to know when to

seek advice and support in terms of their learning, clinical work or technical work and health.

It also encompasses the way they respond when they are made aware of issues and offered

advice and support”.

 

Patients will expect:

  • to be treated with respect;
  • for those involved in their care to behave professionally;
  • to be listened to; and
  • to have their preferences and concerns taken into account.

 

Before a qualification can be started there are requirements that must be met to allow a learner to progress and commence a qualification.

 

It is important that learners have a full understanding and comply with the following;

  • Behavior whilst in and outside of study
  • Social media use
  • Duty of candor
  • Confidentiality
  • Equality, Diversity & Inclusion

 

All learners must complete and sign the “policy & governance” checklist to confirm full understanding and compliance.

 

The Dental organisation placing a learner onto a training programme must ensure that the learner has met the requirements of a Trainee Dental Nurse and is fully supported by the practice to achieve the qualification route they have selected. In addition a GDC registered mentor is in place within the workplace to support the learner to achieve the qualification aim and that practical elements of training are given alongside the delivery of the qualification by the provider.

 

The mentor should be available to support the learner and discuss problems/challenges in a supportive and confidential environment. It may be appropriate to offer support to the learner alongside Fitness to Practice procedures and sanctions.

 

When Fitness to practice concerns are  identified anyone supporting the learner ie Mentor would be required to inform the appropriate person if there is a reasonable belief that the issue raises, or will raise, Fitness to Practice concerns or poses a risk to colleagues, patients, or the public.

 

Should a Fitness to practice concern progress to the next stage, (sanction stage 2) the Mentor or person supporting the learner may not be involved in the decision by the organisation/ Training Provider to proceed with a Fitness to Practice investigation.

 

SUPPORT FOR LEARNERS

 

It is important for students to have the opportunity, where possible, to seek support for any matter before it becomes a fitness to practise concern. This is so that appropriate help can be provided.

 

Providers should encourage learners to ask a member of staff who would be the best person to speak to if they are worried that there are issues with their work, health or behaviour. You should be able to direct learners to a range of people or services depending on what their worry is about. These may include:

 

  • personal tutors
  • student health services
  • disability advisors
  • occupational health services
  • confidential counselling
  • student groups
  • support from your employer

 

If necessary, the provider and learner should agree plans that are developed together to address health, behaviour, or work issues before fitness to practise becomes a concern. This may involve staff on work placements or employers. However, the decision on the plans made must be based on an assessment by the provider of the risk to patients and the public.

When fitness to practise concerns are identified, it may be appropriate to offer support to learners alongside fitness to practise procedures and sanctions.

Reasonable adjustments are expected to be made for learners with disabilities and those with other health requirements to allow them to achieve the learning outcomes on the programme. Although adjustments cannot be made to the learning outcomes themselves, reasonable adjustments can be made to methods of teaching and learning, and to the assessments.

Learners should be aware that anyone providing support or pastoral care is required to inform the appropriate person if there is a reasonable belief that the issue raises or will raise fitness to practise concerns or poses a risk to colleagues, patients or the public.

In the event of formal proceedings or hearings, ASA will ensure that the learner is aware they are allowed to have legal representation or have a supporter present if they wish to do so. If a student is a member of a defence/protection society or professional body, they may be eligible to receive free advice.

 

FITNESS TO PRACTICE PROCEDURE

 

This procedure works in line with ASA Ltd’s Progression Concern procedure.  The Progression Concern Procedure will have been used/followed and the FTP process will be used once the progression concerns process has been exhausted.  At any time, ASA Ltd can decide to use the FTP Procedure with immediate effect, based on the element of risk to patients, learners, team members and colleagues.

Once a concern has been raised and documented the Internal Management Team at ASA Ltd will decide if there is a case to answer and whether to proceed to the next stage of a Fitness to Practice procedure.

All discussions, evidence, reports, paperwork and anything relevant to the investigation process will be documented and recorded formally.

The Management Team will at all times keep in mind the balance between patient safety and the interests of the learner. Mitigating factors will be considered by the Management  Team when deciding on the appropriate outcome. All decisions should be taken in light of any guidance set by the GDC and should be consistent with the regulations and procedures maintained by the ASAT Ltd, Award Bodies and Funding Organisations.

 

ASA Ltd has a formal Appeals Procedure and Disciplinary Procedure.

 

Any concerns regarding Fitness to Practice should be discussed with the Head of Quality & Apprenticeships;

Claire Lamb

claire@asatraining.co.uk

01604 871340

 

If a fitness to practice concern needs to be raised externally, the following details can be used;

NEBDN

info@nebdn.org

 

GDC

020 7167 6000

 

APPLYING THE THRESHOLD OF LEARNER FITNESS TO PRACTISE

Criteria

ASA will have clear criteria for judging the threshold of fitness to practise.

The criteria should be applied when evaluating all cases. Training will have been provided on how the criteria should be applied. Review of their application/ implementation should take place. This could be in the form of calibration exercises based on past cases. Criteria should take into account whether the concern may affect their ability to continue with their programme or to practise as a dental professional after qualifying. This includes the possibility that they could put patients or others at risk. Evidence should be considered on the balance of probabilities. When considering this threshold, decision-makers may want to reflect on the following circumstances when a question of fitness to practise arises:

  • A learners behaviour may have harmed patients or put patients at risk of harm

 

  • Harm or a risk of harm may be demonstrated by an incident or series of incidents that cause concern to personal tutors and academic or clinical supervisors. A series of incidents could indicate persistent failings or other repeated departures from good practice which are not being, or cannot be, safely managed through pastoral/learner support or support has been tried and has failed

 

  • A student is alleged to have shown a deliberate or reckless disregard of professional and clinical responsibilities towards patients and colleagues

 

  • An isolated lapse from high standards of conduct – such as a rude outburst – would not in itself suggest that the learners fitness to practise was in question. But the sort of misconduct, whether criminal or not, which indicates a lack of integrity on the part of the learner, an unwillingness to behave ethically or responsibly or a serious lack of insight into obvious professional concerns will bring a learners fitness to practise into question

 

  • A learners health or impairment may be compromising patient safety. Medical issues can be difficult to manage and there may be personal issues that students are under no obligation to disclose. However, patient safety must be prioritised and a learners willingness to recognise an issue and response to advice taken into account

 

  • A fitness to practise procedure does not need to be initiated merely because a learner is unwell, even if the illness is serious. However, a learners fitness to practise is brought into question if it appears that the learner has a serious medical condition (including misuse of drugs or alcohol); AND the learner does not appear to be following appropriate medical advice as necessary in order to minimise the risk to patients and colleagues.

 

 

PRACTISE PANEL COMPOSITION

 

Investigator

Claire Lamb

 

Panel

(3 of the following will be selected)

John Turner

Janice Fitch

Claire Nithiananthan

Nicola Hornby

ASA Legal representative

Dental Practice Principal/Representative

 

 

TIMESCALES

 

Initial FTP Investigation 28 days

 

Panel 28 days

 

Final decision 14 days

 

Appeal request 14 days

 

An appeal will only be considered if new evidence can be submitted within this time frame.

 

Appeal process  

28 days

 

 

OUTCOME OF A LEARNER FITNESS TO PRACTICE HEARING

Possible outcomes of a hearing include:

  1. learner receives no warning or sanction;
  2. learner receives a written warning where there is evidence of misconduct but it is assessed that the learners Fitness to Practice is not impaired and does not require any of the sanctions listed below;
  3. the learners Fitness to Practice is judged to be impaired and they receive a sanction.

 

Beginning with the least severe, the sanctions are;

 

  • Conditions or undertakings

 

  • Suspension from dental course

 

  • Expulsion from dental course

 

LEARNERS SHOULD BE AWARE that when applying for registration they have a duty and responsibility regarding disclosure when completing the GDC declaration regarding Fitness to Practice and must declare the outcome of any previous formal hearings.

 

On enrollment to the course, learners must declare any criminal convictions or cautions as this may affect registration with the GDC.

 

Warnings and sanctions will remain on a learner’s record for the duration of the learner’s qualification.

 

There is an obligation on providers to ensure that the pre-qualification requirements are met, however it is the responsibility of the Learner to provide honest and truthful information at all times.

 

ASA ltd will monitor the principles set out in Standards for Dental Professionals’ and ensure that learners behavior does not fall beneath the expected standards required. Should a learner’s behavior cause concern, ASA Ltd will consider if this amounts to a Fitness to Practice concern and whether these concerns warrant consideration through the formal procedures in place.

 

PROGRAMME DISCIPLINARY PROCEDURE

 

During the period that a learner is involved in a qualification the Provider has an obligation to ensure that all aspects of the learner’s fitness to practice are maintained. In some circumstances it may be necessary to invoke a disciplinary procedure to ensure that learners maintain focus and contribute to the quality and integrity of the learning programme.

Some examples of when the procedure may be invoked are below. The list is not exhaustive but illustrative of the types of concerns that could raise a question over fitness to practice.

  1. Learner behavior
  2. Disregard of patients /colleagues professional and clinical responsibilities
  3. Learner health or impairment may compromise patient safety
  4. Learner may have violated patient trust, autonomy or other rights.
  5. Learner may have behaved dishonestly, fraudulently or in a way designed to mislead or harm others

 

The provider must also ensure that other areas of the learner’s attitude to the qualification do not impair the progress or integrity of the qualification. Additional areas of concern are listed below and may invoke the disciplinary procedure.

 

  1. Criminal conviction
  2. Drug or alcohol misuse
  3. Aggressive, violent or threatening behavior
  4. Inappropriate use of social media – further information outlined within social media policy
  5. Uncommitted to the learning programme
  6. Neglect of admin
  7. Poor time management
  8. Non attendance of pre-arranged meetings
  9. Cheating or plagiarising work
  10. Not producing set work on time
  11. Forging names or signatures
  12. Dishonesty or fraud
  13. Unprofessional behavior
  14. Health concerns

 

Should it be necessary to invoke the disciplinary procedure regarding fitness to practice the type of concern would determine the process that would be invoked.

Initially the potential severity of the behaviour would determine the action taken. The remedial action may vary from a written caution, or warning, to suspension, or total expulsion from the learning programme. Records will be kept of all actions imposed by the Provider throughout the learning programme and no action will be taken without consulting with the Practice except in acute, exceptional circumstances.

Any sanction imposed by the Provider will have an appeal process. That process should be received by the Provider IN WRITING ONLY, stating the reasons for the appeal, within 10 working days of any sanction being imposed on any student/learner.

 

SANCTIONS

  • Verbal Warning or Written Warning
  • Conditions for Improvement & Expectation
  • Undertakings/Restrictions to Clinical Practice
  • Suspension
  • Dismissal

 

Copy of recording form:

 

Learner ID FTP Concern Investigation required?

 

Panel outcome Final decision communicated Appeal?

 

Exam Guidance and Invigilator Policy/Procedure

This policy is due for review in August 2025.

 

The purpose of this exams policy is:

  • to ensure the planning and management of exams is conducted efficiently and in the best interests of candidates;
  • to ensure the operation of an efficient exams system with clear guidelines for all relevant staff.

It is the responsibility of everyone involved in the centre’s exam processes to read, understand and implement this policy.

Where references are made to JCQ regulations/guidelines, further details can be found at www.jcq.org.uk

 

Exam responsibilities

The head of centre:

  • has overall responsibility for the training provider as an exams centre and advises on appeals and re-marks.
  • is responsible for reporting all suspected or actual incidents of malpractice – refer to the JCQ document Suspected malpractice in examinations and assessments.

Centre administrator:

  • manages the administration of internal exams and/or external exams.
  • advises the senior leadership team, subject and class tutors, and other relevant support staff on annual exams timetables and procedures as set by the various awarding bodies.
  • ensures that candidates are informed of date and time of planned exams.
  • checks with educational practitioners that the necessary coursework and/or controlled assessments are completed on time and in accordance with JCQ guidelines.
  • maintains systems and processes to support the timely entry of candidates for their exams.
  • receives, checks and stores securely all exam papers and completed scripts and ensures that scripts are dispatched as per the guidelines (if paper based).
  • administers access arrangements and makes applications for special consideration following the regulations in the JCQ publication A guide to the special consideration process.

Lead invigilator/invigilators are responsible for:

  • assisting the exams officer in the efficient running of exams according to JCQ regulations.
  • collection of exam papers and other material from the exams office before the start of the exam (If paper based).
  • collection of all exam papers in the correct order at the end of the exam and ensuring their return to the exams office (if paper based).

Candidates are responsible for:

  • confirmation and signing of entries.
  • understanding coursework / controlled assessment regulations and signing a declaration that authenticates the coursework as their own.
  • ensuring they conduct themselves in all exams according to the JCQ regulations.

 

Equality Legislation

All exam centre staff must ensure that they meet the requirements of any equality legislation.

The centre will comply with the legislation, including making reasonable adjustments to the service that that they provide to candidates in accordance with requirements defined by the legislation, awarding bodies, and JCQ. This is the responsibility of the head of centre.

 

Access arrangements

The educational practitioner, will inform the head of centre, of candidates with special educational needs and any special arrangements that individual candidates will need during the course and in any assessments/exams.

A candidate’s access arrangements requirement is determined by the head of centre.

Ensuring there is appropriate evidence for a candidate’s access arrangement is the responsibility of the head of centre.

Submitting completed access arrangement applications to the awarding bodies is the responsibility of the centre administrator.

Invigilation and support for access arrangement candidates, as defined in the JCQ access arrangements regulations, will be organised by the centre administrator.

 

Managing invigilators

  • External staff will not be used to invigilate examinations.
  • Recruitment of invigilators is the responsibility of the head of centre.
  • Securing the necessary Disclosure Barring Service (DBS) clearance for new invigilators is the responsibility of the centre administrator.
  • DBS fees for securing such clearance are paid by the centre.
  • Invigilators are recruited, timetabled, trained, and briefed by the head of centre/quality.

 

Malpractice

The head of centre in consultation with the managing director is responsible for investigating suspected malpractice.

 

Exam days

The centre administrator will make the question papers (if paper based), other exam stationery and materials available for the invigilator.

The insert Invigilator will start and finish all exams in accordance with JCQ guidelines.

Subject staff may be present at the start of the exam to assist with identification of candidates. Any staff present must be in accordance with the rules defined by JCQ concerning who is allowed in the exam room and what they can do.

Exam papers must not be read by subject staff or removed from the exam room before the end of a session.

After an exam, the centre administrator will arrange for the safe dispatch (if paper based) of completed examination scripts to awarding bodies, working in conjunction with head of centre.

  

Learners

The centre administrator will provide written information to learners in advance of each exam series. A formal briefing session for candidates may be given by the educational practitioner.

In an exam room candidates must not have access to items other than those clearly allowed in the instructions on the question paper, the stationery list, or the specification for that subject. This is particularly true of mobile phones and other electronic communication or storage devices with text or digital facilities. Any precluded items must not be taken into an exam room.

 

NEBDN Exam Requirements

The NEBDN use a system called “Maxinity” to conduct all their exams. https://maxinity.co.uk/

Each learner will be invited to attend a preparation session through Maxinity. This session will explain the requirements of the upcoming exam.

Exams are held monthly.

Learners are NOT PERMITTED to discuss the exam or exam content, before, during or after they have sat the exam, this includes through social media. If this situation occurs, this will be referred to Fitness To Practise (FTP).

Exams can be sat in any suitable setting. At home, practice or other. The room MUST be private and free from any interruptions for the duration of the exam. The walls must also be clear of any information that could be deemed as a support during the exam. Maxinity will be able to detect anything or anyone in the room that isn’t allowed. If this paraphernalia is not removed before the exam, the learner risks failure due to malpractice.

Permitted during exam

 

Not permitted during exam

  •  Pen and Paper – you will be asked to hold this up to the camera for detection of malpractice.
  • Mobile phones
  • Smart Phones
  • Smart Watches
  • Air Pods
  • Textbooks
  • Pre-written notes
  • Head Scarves – if a head scarf is worn due to religious reasons, this will be permitted if it has been evident throughout the duration of course and you will be asked to show your ears prior to starting the exam. This is to detect any devises used to support malpractice (ear bus/phones).

 

 

Conflict of Interest Policy

Our company Conflict of Interest Policy refers to any case where an employee’s personal interest might contradict the interest of ASA. This is an unwanted circumstance as it may have heavy implications on the employee’s judgement and commitment to the company, and by extension to the realisation of its goals.

ASA recognises the importance of providing a framework in which conflicts of interest are identified, disclosed and managed appropriately and is committed to building a workplace that is free from fraud or corruption or the perception of fraud or corruption.

This policy has been developed because conflicts of interest may arise, and do not need to present a problem to employees or ASA if they are openly and effectively managed. For these reasons it is important that all employees share a responsibility for strengthening this commitment to identify, disclose and manage conflicts of interest appropriately.

Having a conflict of interest does not necessarily amount to a breach of this policy. However, failure to disclose a conflict of interest may constitute a breach.

 

This situation may take many different forms that include, but are not limited to, conflict of interest examples:

  • Employees’ ability to use their position with the company to their personal advantage
  • Employees engaging in activities that will bring direct or indirect profit to a competitor
  • Employees owning shares of a competitor’s stock
  • Employees using connections obtained through the company for their own private purposes
  • Employees using company equipment or means to support an external business
  • Employees acting in ways that may compromise the company’s legality (e.g. taking bribes or bribing representatives of legal authorities)
  • Employees that have a relative that is undertaking a qualification
  • Employees assessing the work of a friend, acquaintance or family member undertaking a qualification
  • Employees undertaking a qualification that is being assessed internally by an ASA colleague

 

Student Assessment – Conflict of Interest

 

All reasonable steps should be taken to avoid any part of the assessment of a Student (including IQA) being undertaken by any person who has a personal interest in the result of the assessment. Where, having taken all such reasonable steps, an assessment by such a person cannot be avoided, arrangements should be made for the relevant part of the assessment to be subject to scrutiny by another person.

 

Where a qualification is being taken by an ASA colleague and is being also assessed internally, ASA will report any such undertaking to the relevant awarding organisation, for example NCFE or City & Guilds.

 

All employees must declare any work they are undertaking that may be considered a conflict of interest.

The relevant person will then:

  1. Assess the nature of the conflict
  2. Assess the risk or threat to ASA functions
  3. Decide whether the conflict warrants further action/mitigation to be taken
  4. Decide what steps to take to avoid or manage the conflict or adverse effect

 

There may need to be a discussion between the person notifying the potential conflict and the relevant person. The purpose of the discussion is to reach a decision about how the conflict will be managed. ASA will firstly try to eliminate the conflict, by assigning another member of staff to undertake the activity. By doing so, this reduces the risk of assessments being compromised and ultimately assessments being voided. Where elimination is not possible due to financial or/and resource implications, ASA will put measures in place which can demonstrate that the conflict is being managed effectively so as not to compromise the outcome of the assessment.

 

The possibility that a conflict of interest may occur can be addressed and resolved before any actual damage is done. Therefore, when an employee understands or suspects that a conflict of interest exists, they should bring this matter to the attention of management so corrective actions may be taken. Managers must also keep an eye on potential conflict of interests of their team.

 

In general, employees are advised to refrain from letting personal and/or financial interests and external activities come into opposition with the company’s fundamental interests.

 

Disciplinary Consequences

 

In cases when a conflict of interest is deliberately concealed, disciplinary action may be invoked up to and including termination.

Confidentiality Policy

  1. Purpose

The purpose of this Confidentiality Policy is to ensure that all sensitive information acquired during the course of training activities is handled with the utmost confidentiality and care. This policy applies to all employees, contractors, and trainees of ASA Training.

  1. Scope

This policy covers all forms of information including but not limited to personal data, training materials, client information, and internal documents. It applies to all individuals who have access to such information.

  1. Definition of Confidential Information

For the purposes of this policy, “Confidential Information” includes:

  • Personal data of trainees and clients (e.g., names, contact details, educational background).
  • Proprietary training materials (e.g., course content, manuals, exercises).
  • Business and financial information (e.g., contracts, payment details).
  • Internal communications and documents (e.g., internal memos, employee records).
  • Any other information designated as confidential by ASA Training
  1. Responsibilities

Employees and Contractors: Must protect Confidential Information and ensure it is not disclosed to unauthorised individuals. They must also avoid discussing confidential matters in public or unsecured areas & online through social media outlets.

Trainees: Must respect the confidentiality of any proprietary information or materials shared during the training.

  1. Handling and Protection of Confidential Information

Confidential Information must be stored securely, whether in physical form (locked cabinets) or electronic form (password-protected files, encrypted data).

Access to Confidential Information should be limited to individuals who require it for their job functions.

Confidential Information should not be shared via unsecured channels (e.g., personal email accounts) or with unauthorised third parties.

  1. Disclosure of Confidential Information

Disclosure of Confidential Information is only permitted when required by law or with the explicit consent of the affected individual or entity.

Requests for information should be directed to authorised personnel, who will assess and handle the request according to legal and contractual obligations.

  1. Training and Awareness

All employees and contractors will receive training on the importance of confidentiality and the procedures for handling Confidential Information.

Trainees will be informed of their obligations to maintain confidentiality as part of their induction.

  1. Breach of Confidentiality

Any breach of this Confidentiality Policy, whether intentional or accidental, should be reported immediately to the Head of Quality & Apprenticeships.

Breaches will be investigated, and appropriate corrective actions will be taken. Disciplinary actions may be implemented as necessary, up to and including termination of employment or contract.

  1. Policy Review

This policy will be reviewed annually or as needed to ensure it remains current and effective.

Any amendments to this policy will be communicated to all relevant parties.

  1. Contact Information

For any questions or concerns regarding this Confidentiality Policy, please contact:

Claire Lamb – Head of Quality & Apprenticeships

claire@asatraining.co.uk

01604 871340

Communication Policy

Standards of communication are very important to ASA. Communication should be timely, relevant, appropriate and respectful; we believe it should also be straightforward and honest. This policy sets out the expectation of communications standards for all our employees. Any breach of this policy will be viewed as misconduct and may result in disciplinary action being taken against you including, in serious cases, dismissal without notice or pay in lieu of notice.

 

Email Policy

 

Our email facility is intended to provide effective communication within the organisation, and externally with clients and customers, on business matters.

Please bear our values in mind when communicating by email. Emails should always be courteous and respectful. Always review your emails before sending, particularly if you feel aggrieved about something. In general, if two emails do not resolve an issue it is better to pick up the phone and then confirm decisions made or actions agreed in writing.

 

The following rules for email use must be adhered to:

 

  1. Please be aware that most individuals expect a prompt response to an email. You must check emails daily or set the Automatic Replies (out of office) facility when you are absent from work or have no access to email.
  2. Emails must be written in a business format with correct use of capital letters and punctuation. Emails should be checked thoroughly before sending (including

that they have been properly addressed), using the same care you would give to a

formal letter on the Company’s letterhead.

  1. Messages must be sent only to the person / people that are required to take action

and cc’s only sent to the person / people that need to be aware.

  1. Automatic Replies (out of office) message must be used during periods of holiday or sick leave, giving details of who to contact and how and when you are returning to work.
  2. You must not impersonate any other person when using email.
  3. Use of ASA emails for reasons other than work is not permitted at any time.
  4. Do not email any material that could potentially be defamatory, for example, containing untrue, malicious or otherwise inappropriate statements about our students, employers, competitors or other employees.
  5. Do not send ‘fun’ or ‘flame’ emails; what may seem harmless fun to some can be offensive to others and may be regarded as harassment. If you receive an email which you consider offensive, you should raise the issue with your Manager. There are a number of laws that prohibit discrimination and harassment on the grounds of sex, race, colour, nationality, ethnic or national origin, disability, age, marital or civil partnership status, sexual orientation, gender re-assignment, religion or belief.
  6. Do not respond to, or forward on, chain letter-type emails.
  7. Do not make any statements via email which intentionally or unintentionally create a binding contract or make negligent statements. Be aware that legally binding contracts can be formed by email.
  8. Do not initiate or forward emails that contain obscene, pornographic and/or offensive material.
  9. Never import unknown messages, files or attachments onto your system without authorisation.

 

Please remember that we have the authority and ability to intercept, read and print out all

internal and external (incoming and outgoing) emails, including those marked ‘personal’. Communications of a sensitive or confidential nature should not be sent by ASA email because they are not guaranteed to be private.

You agree that we may take all actions necessary to ensure our Email Policy is adhered to. We reserve the right to monitor and/or open any email on the company systems.

 

Microsoft Teams

 

Teams is a unified communications and collaboration tool that allows collaborative internal and external communication, regardless of location. It provides a common workspace to share information and has baked-in features like document sharing, personal messaging, team and group chats, etc.

 

Throughout 2020 as a result of the pandemic ASA saw an increase in the use of Teams and this has quickly become a preferred use of communication when working from home for all. It is important to remember that ASA expect the same conduct when using Teams as with any others forms of communication with ASA and for all communication to be respectful and courteous at all times. When attending meetings via Teams to ensure that you are punctual and that unless stated otherwise, cameras are always turned on. If a meeting is to be recorded, for training purposes for example, please ensure that all attendees are aware this is the case beforehand and the reason why the session is being recorded.

 

Mobile Phone

 

It may be that the best way to communicate on a particular issue is by phone; if so please ensure you adhere to the following points:

  • Calls must always be answered in a business-like professional manner.
  • Mobile phones must always be switched off/on silent during business meetings.
  • A standard voicemail message must be set up by the user of the mobile phone; “name, company name, job title, unable to take call…, please leave a message” etc. Please ensure you listen to the voicemail before finalising to ensure it meets these criteria and doesn’t contain loud background noise.
  • Out of office voicemail must be set up for periods of holiday or sickness, detailing who callers should contact and their number, during the absence.
  • When leaving voicemail messages these should be brief, providing the recipient with the name and company of the caller, a brief account of the nature of the call and what number to return the call on.

 

The following rules for phone use must be adhered to:

 

  1. Mobile phones must never be used whilst driving.
  2. Mobile phones are for business use and incidental private use only. ASA will reclaim the costs when phones are used for private use.
  3. ASA phones are never to be used outside of the UK.
  4. Use of your business mobile phones for calling premium rate line calls or quizzes or 0800, 09 and 118 numbers, which are not free from ASA mobiles, etc. is strictly prohibited. ASA will reclaim the costs when phones are used for these calls.
  5. Use of the “Call Back” facility is strictly prohibited.
  6. Should you require a telephone number, do not call directory inquiries; please contact the office who will obtain the number on your behalf.

 

The phone bills are closely monitored on a monthly basis and any overspend will be investigated and addressed with the employee concerned; where necessary it will result in a deduction from salary to pay back monies owed.

 

Student Communication

 

We take communication with students very seriously at ASA. It is important that students’ privacy is safeguarded and that you are never in a position where an allegation could be made against you that we can’t defend.

It is understandable that you will form a working relationship with a student when you are supporting them to achieve a qualification. However, any communication must relate to the qualification and career progression and be managed by you as the professional.

 

  • Do not email or text students outside of reasonable hours, i.e. late at night or early in the morning, unless they are working on shift.
  • Never send a text, call or instant message a student from your personal phone.
  • Even if the communication is regarding the student’s welfare, maintain a professional

approach at all times and only use ASA equipment.

  • Be mindful that if someone makes an allegation against you regarding a communication from your personal phone, it will be impossible for ASA to defend you. Therefore, you must never communicate with a student from your personal phone.
  • If you receive an inappropriate or personal email or text from a student to either your personal or work phone you should discuss it with your manager, and not respond.

 

Never arrange to meet a student in a private house or at their home – all visits must take place at the workplace or if necessary in a public place.

Think about how you communicate with every student you meet; consider if any of your comments could be misconstrued.

 

One File

 

  • Only your ASA email address must be registered on One File.

 

Land-line Phone

 

  • Calls must always be answered in a business-like professional manner.
  • Detailed messages must be taken, including caller name, phone number, company that they are calling from and a brief message.
  • A standard message explaining office hours and how to leave a message should be left on the answer-phone at all company premises; the answer-phone must be switched on at all times when the office is unmanned.

 

Letters

 

Company headed paper must be used at all times when sending letters. Please request from Head Office if required.

Anti-Harassment & Bullying Policy

The purpose of this policy is to ensure that all employees are treated and treat others with dignity and respect, free from harassment and bullying. All employees should take the time to ensure they understand what types of behaviour are unacceptable under this policy.

 

This policy covers harassment or bullying which occurs both in and out of the workplace, such as on business trips or at events or work-related social functions. It covers bullying and harassment by employees and also by third parties such as students, clients, suppliers or visitors to our premises. One of the key aims of this policy is to enable the organisation to provide a working environment in which all colleagues feel comfortable and in which everyone is treated with respect and dignity, regardless of gender, sexual orientation, transgender status, marital or family status, colour, race, nationality, ethnic or national origins, creed, culture, religion or belief, age, disability or any other personal factor or quality.

 

Employees must treat colleagues and others with dignity and respect and should always consider whether their words or conduct could be offensive. Even unintentional harassment or bullying is unacceptable.

 

We will take allegations of harassment or bullying seriously and address them promptly and confidentially where possible. Harassment or bullying by an employee will be treated as misconduct under our Disciplinary Procedure. In some cases it may amount to gross misconduct leading to summary dismissal.

 

What the law says

 

The Equality Act 2010 prohibits harassment related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. For more information see our Equal Opportunities Policy.

 

The Protection from Harassment Act 1997 also makes it unlawful to pursue a course of conduct which you know or ought to know would be harassment, which includes causing someone alarm or distress.

 

Under the Health and Safety at Work Act 1974 employees are entitled to a safe place and system of work.

 

What is harassment?

 

Harassment is any unwanted physical, verbal or non-verbal conduct which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. A single incident can amount to harassment.

It also includes treating someone less favourably because they have submitted or refused to submit to such behaviour in the past.

Unlawful harassment may involve conduct of a sexual nature (sexual harassment), or it may be related to age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, colour, nationality, ethnic or national origin, religion or belief, sex or sexual orientation. Harassment is unacceptable even if it does not fall within any of these categories.

 

Harassment may include, for example:

  1. unwanted physical conduct or “horseplay”, including touching, pinching, pushing, grabbing, brushing past someone, invading their personal space, and more serious forms of physical or sexual assault;
  2. unwelcome sexual advances or suggestive behaviour (which the harasser may perceive as harmless), and suggestions that sexual favours may further a career or that a refusal may hinder it;
  3. continued suggestions for social activity after it has been made clear that such suggestions are unwelcome;
  4. sending or displaying material that is pornographic or that some people may find offensive (including e-mails, text messages, video clips and images sent by mobile phone or posted on the internet);
  5. offensive or intimidating comments or gestures, or insensitive jokes or pranks;
  6. mocking, mimicking or belittling a person’s disability;
  7. racist, sexist, homophobic or ageist jokes, or derogatory or stereotypical remarks about a particular ethnic or religious group or gender;
  8. outing or threatening to out someone as gay or lesbian; or
  9. ignoring or shunning someone, for example, by deliberately excluding them from a conversation or a workplace social activity.

A person may be harassed even if they were not the intended “target”. For example, a person may be harassed by racist jokes about a different ethnic group if they create an offensive environment for him/her.

 

What is bullying?

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

Bullying can take the form of physical, verbal and non-verbal conduct. Bullying may include, by way of example:

  1. shouting at, being sarcastic towards, ridiculing or demeaning others;
  2. physical or psychological threats;
  3. overbearing and intimidating levels of supervision;
  4. inappropriate and/or derogatory remarks about someone’s performance;
  5. abuse of authority or power by those in positions of seniority; or
  6. deliberately excluding someone from meetings or communications without good reason.

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

Colleagues should disclose any instances of harassment or bullying of which they become aware to their line manager.

 

Informal steps

Colleagues have an absolute right to complain if they are treated in a manner that they believe constitutes harassment or bullying; this could be not only from colleagues but also by a third party for example a client or supplier. If you are being bullied or harassed, you should initially consider raising the problem informally with the person responsible, if you feel able. You should explain clearly to them that their behaviour is not welcome or makes you uncomfortable. If this is too difficult or embarrassing, you should speak to your line manager and/or People Services, who can provide confidential advice and assistance in resolving the issue formally or informally.

If you are not certain whether an incident or series of incidents amount to bullying or harassment, you should initially contact your line manager and/or People Services informally for confidential advice.

Any colleague who witnesses an incident that they believe to be the harassment or bullying of another colleague should report the incident in confidence either to their line manager and/or People Services. ASA will take all such reports seriously and will treat the information in strict confidence as far as it is possible to do so.

If informal steps have not been successful or are not possible or appropriate, you should follow the formal procedure set out below.

Raising a formal complaint

If you wish to make a formal complaint about bullying or harassment, you should submit it in writing to your line manager who will pass it to an appropriate person. If the matter concerns that person or your line manager, you should refer it to a senior manager.

Your written complaint should set out full details of the conduct in question, including the name of the harasser or bully, the nature of the harassment or bullying, the date(s) and time(s) at which it occurred, the names of any witnesses and any action that has been taken so far to attempt to stop it from occurring.

As a general principle, the decision whether to progress a complaint is up to you. However, we have a duty to protect all employees and may pursue the matter independently if, in all the circumstances, we consider it appropriate to do so.

Formal investigations

We will investigate complaints in a timely and confidential manner. Individuals not involved in the complaint or the investigation should not be told about it. The investigation will be conducted by someone with appropriate experience and no prior involvement in the complaint. The investigation should be thorough, impartial and objective, and carried out with sensitivity and due respect for the rights of all parties concerned.

We will arrange a meeting with you, usually within one week of receiving your complaint, so that you can give your account of events. You have the right to be accompanied by a colleague or a trade union representative of your choice, who must respect the confidentiality of the investigation. You will be given a provisional timetable for the investigation. The investigator will arrange further meetings with you as appropriate throughout the investigation.

Where your complaint is about a colleague, we may consider suspending them on full pay or making other temporary changes to working arrangements pending the outcome of the investigation, if circumstances require. The investigator will also meet with the alleged harasser or bully to hear their account of events. They have a right to be told the details of the allegations against them, so that they can respond.

Where your complaint is about someone other than a colleague, we will consider what action may be appropriate to protect you and anyone involved pending the outcome of the investigation, bearing in mind the reasonable needs of the business and the rights of that person. Where appropriate, we will attempt to discuss the matter with the third party.

We will also seriously consider any request that you make for changes to your own working arrangements during the investigation. For example you may ask for changes to your duties or working hours so as to avoid or minimise contact with the alleged harasser or bully.

It may be necessary to interview witnesses to any of the incidents mentioned in your complaint. If so, the importance of confidentiality will be emphasised to them.

At the end of the investigation, the investigator will submit a report to an appropriate manager nominated to consider the complaint. The manager will arrange a meeting with you, usually within a week of receiving the report, in order to discuss the outcome and what action, if any, should be taken. You have the right to be bring a colleague or a trade union representative to the meeting. A copy of the report and the manager’s findings will be given to you and to the alleged harasser.

Action following the investigation

If the manager considers that harassment or bullying has occurred, prompt action will be taken to address it.

Where the harasser or bully is a colleague the matter will be dealt with as a case of possible misconduct or gross misconduct under our Disciplinary Procedure.

Where the harasser or bully is a third party, appropriate action might include putting up signs setting out acceptable and unacceptable behaviour; speaking or writing to the person and/or their superior about their behaviour; or, in very serious cases, banning them from the premises or terminating a contract with them.

Whether or not your complaint is upheld, we will consider how best to manage the ongoing working relationship between you and the alleged harasser or bully. It may be appropriate to arrange some form of mediation and/or counselling, or to change the duties, working location or reporting lines of one or both parties.

Any colleague who deliberately provides false information or otherwise acts in bad faith as part of an investigation may be subject to action under our Disciplinary Procedure.

Appeals

If you are not satisfied with the outcome you may appeal in writing to the person notified in the outcome letter, stating your full grounds of appeal, within one week of the date on which the decision was sent or given to you.

We will hold an appeal meeting, normally (where possible) within one week of receiving your written appeal. Where possible, this will be dealt with impartially by a more senior manager who has not previously been involved in the case (although they may ask anyone previously involved to be present). You may bring a colleague or trade union representative to the meeting.

We will confirm our final decision in writing, usually within one week of the appeal hearing. This is the end of the procedure and there is no further appeal.

Protection and support for those involved

Colleagues who make complaints or who participate in good faith in any investigation conducted under this policy must not suffer any form of retaliation or victimisation as a result.

If you believe you have suffered any such treatment you should inform your line manager. If the matter is not remedied, you should raise it formally using our Grievance Procedure or this procedure if appropriate.

Anyone found to have retaliated against or victimised someone for making a complaint or assisting in good faith with an investigation under this procedure will be subject to disciplinary action under our Disciplinary Procedure.

Confidentiality and data protection

Confidentiality is an important part of the procedures provided under this policy. Everyone involved in the operation of the policy, whether making a complaint or involved in any investigation, is responsible for observing the high level of confidentiality that is required. Details of the investigation and the names of the person making the complaint and the person accused must only be disclosed on a “need to know” basis.

Information about a complaint by or about an employee may be placed on the employee’s personnel file, along with a record of the outcome and of any notes or other documents compiled during the process.

Breach of confidentiality may give rise to disciplinary action under our Disciplinary Procedure.

Complaints and Dispute Resolution Procedure

Complaints Policy and Procedure

This policy, in line with the public interest disclosure act 1998, is designed to protect employees, learners, employers who make disclosures of certain types of information, in the public interest. It shields whistleblowers from retribution.

 

1                    Introduction

 

Anderson Stockley Accredited Training Ltd (ASAT) is committed to providing a high-quality service for all learners and clients. Its policy is to welcome and try to resolve complaints from all who use ASAT Ltd and feel they may have a complaint/Dispute.

 

ASAT Ltd will deal with legitimate complaints/disputes in a fair, prompt and objective manner. Complaints will be dealt with without recrimination unless malicious and unfounded. Learners will not be disadvantaged by personally raising a complaint.  Anonymous complaints cannot be accepted.  However, all information is kept in strict confidence, shared only on a need-to-know basis with learner’s/client’s agreement if necessary.

ASAT Ltd will be fair in its treatment of all those who complain/raise a dispute irrespective of age, gender, ethnicity, disability and regardless of the nature of the complaint.

Complaints/disputes will be dealt with promptly and constructively. All complaints will be dealt with in confidence but shared with any person who may be the subject of a complaint. The outcomes of any complaint will be shared with the complainant and any staff involved. Complaints made that, on investigation, turn out to be malicious, may result in further action.

The Managing Director has overall responsibility for the Complaints and Dispute Resolution Procedure and may nominate another person to investigate the complaint. Where the Head of Quality & Apprenticeships and/or the Senior Business Manager are not available or not the most appropriate person to deal with the complaint, then a suitable alternative member of senior staff will be made available to deal with the complaint, or in the event it is not possible to respond within the timescales of this policy due to available staffing, then this will be communicated to the complainant.

 

2            Types of complaint

 

The types of complaint ASAT Ltd can consider are:

 

  • Delivery (or lack of delivery) of services or training including teaching, course

content, tutoring and learner support.

 

  • The quality or management of learning provision

 

  • Equality or diversity issues (except where there is a more appropriate mechanism for dealing with the matter through the courts, tribunals or other organisations)

 

  • Health and Safety concerns (unless these are matter for the Health and Safety Executive)

 

  • Incorrect or misleading information about services provided by ASAT Ltd

 

  • Delivery (or lack of delivery) of support services provided by ASAT Ltd

 

  • Unacceptable behaviour by any staff, learners or employers

 

 

The types of complaint ASAT Ltd cannot consider are:

 

  • Examination results where a more appropriate redress would be the examining body or Ofqual.

 

  • Implementation of mandatory adaptations due to unforeseen circumstances i.e. a global pandemic.

 

  • Removal from a qualification if a learner has failed the maximum of attempts at exams as stipulated by the examining body.

 

  • Removal from a qualification under the Fitness to Practise Procedure.

 

  • Individual employment issues which are a matter for the employer and the employee, where employment law provides appropriate remedies.

 

  • Matters that are the subject of legal action, or where legal proceedings are the most appropriate way of resolving the dispute.

 

It is expected that staff, learners and employers are tactful and courteous in dealing with each other when raising a complaint.

 

Resolving Complaints

At each stage of our procedure we will seek to resolve the complaint made.  If appropriate we will acknowledge if the complaint is upheld in whole or in part and in addition we may offer one of the following:

  • an explanation
  • an admission that the situation could have been handled differently or better
  • an assurance that we will try to ensure the event complained of will not recur
  • an explanation of the steps that have taken to ensure that it will not happen again and an indication of the timescales within which any changes will be made
  • an undertaking to review our policies and procedures in light of the complaint
  • an apology.

 

Withdrawal of a complaint

If at any time the complainant wishes to withdraw their complaint, we will require this to be confirmed in writing.

 

Stage 1:  Informal resolution of complaints/disputes

Most complaints/disputes should be able to be resolved by discussion between the complainant and the appropriate member of staff, within 14 working days of an incident arising.  This discussion will be documented and placed on record, including the scope of the complaint and the resolution reached.

Please note if the complaint is solely regrading an assessment decision, the appropriate appeals procedure must be followed.  The discussion will take place via video call and will be recorded.

If the complainant is dissatisfied with the response received/no resolution is reached, they should then be guided to use stage 2 of the procedure.

 

Stage 2: Formal Discussion

If a resolution has not been reached at stage 1, ASAT Ltd will arrange a formal discussion to take place, with a senior member of our team via video call and will be recorded. Where appropriate, inviting the learner to attend, plus the member of staff from ASAT Ltd that carried stage 1 of the process.  Attendees will be dependent on the complaint content.

All learners will be encouraged to bring a supporter to any interview. Vulnerable Adults and those under 18 years of age must have the support of their care worker if appropriate, or a person of their choice, who can act as their advocate and we must be informed prior to any meeting who will be in attendance.

This discussion will be documented and placed on record, including the scope of the complaint and the resolution reached.

If the complainant is dissatisfied with the response received/no resolution is reached, they should then be guided to use stage 3 of the procedure.

 

Stage 3:  Formal Complaint made in writing

A formal complaint should be made in writing within 14 working days setting out the nature of the complaint and particulars of the matter, together with relevant supporting documents, from which the complaint arises, or from the date when the complainant received a reply to an informal complaint.  The complaint should be sent to the Head of Quality & Apprenticeships. The complaint will be acknowledged to the complainant within 5 working days and the Head of Quality & Apprenticeships will attempt in good faith to resolve the complaint/dispute.

 

The Head of Quality & Apprenticeships will carry out an initial assessment of the complaint within 5 working days taking into account Stage 1 and Stage 2 of the process.  In most cases, complaints will be referred and carried out primarily by the Head of Quality & Apprenticeships.

 

The Head of Quality & Apprenticeships will carry out a factual investigation of the complaint and may interview the complainant, the respondent, witnesses to the matter or events and anyone they believe may have a role in establishing or disproving the complaint, as necessary. They will prepare a summary and report back to the Seniro Business Manager within 10 working days of the initial assessment.

 

The Senior Business Manager will record the outcome of the complaint and will notify all those involved in writing, with the outcome of the complaint and action to be taken, where applicable.  All outcomes will be confirmed in writing to all those involved.

 

The formal complaint should be resolved within 14 working days of the original formal complaint made in writing.  If it appears that a decision will not be reached within the due period, those involved will be advised of the need for a longer period and why.

 

4                                The Appeals Procedure

Either the complainant or the respondent may appeal in writing, stating detailed reasons and listing any supporting new documents or reasons to the Managing Director within 5 working days of receiving written confirmation of the outcome of the formal complaint.  The appeal will be acknowledged within 5 working days and the Managing Director will review and notify the final decision in writing to all those involved within 14 working days of receiving the appeal.

If a resolution cannot be reached through ASAT Ltd learners/clients have the right to escalate their complaint to the relevant Awarding Organisation, Regulatory Bodies and Funding Partners.

We have a separate Appeals Procedure for disputes within the assessment process.

 

5                                 Monitoring the Procedure

It is essential that complaints are resolved promptly.  The Director will check the status of complaints on a regular basis to identify outstanding complaints and ensure that the procedure is following the set time limits.

 

ASAT Ltd will hold a record of all complaints for 2 years for audit purposes.

 

ASAT Ltd complaints contact details:

 

FAO: Complaints

Unit 9 Prospect Court

Courteenhall Road

Northampton

NN7 3DG

 

Email – enquiries@asatraining.co.uk

 

NEBDN Complaints contact details:

 

FAO: Complaints

NEBDN

First Floor

Quayside Court

Chain Caul Way

Preston

PR2 2ZP

 

Email: info@nebdn.org

 

Apprenticeship Clients and Learners

 

To complain to the ESFA you must first have exhausted ASAT Ltd’s own complaints procedure.

 

All Clients and Apprentices can contact the apprenticeship helpline regarding apprenticeship concerns, complaints, and queries on the details below and they will direct you to the correct department:

 

Complaints Team
Education and Skills Funding Agency
Cheylesmore House
Quinton Road
Coventry
CV1 2WT

 

Alternatively please follow the link below for details regarding the ESFA’s Complaints Procedure:

 

https://www.gov.uk/government/organisations/education-and-skills-funding-agency/about/complaints-procedure

 

 

Information held by ASAT Ltd complies with General Data Protection Regulation and is stored securely and used by those with sufficient authority to use it for the intended purpose.

 

Appeals Procedure

All learners have the right to appeal against an assessment decision that they disagree with. The process for appeal is laid out below and must be explained fully to the learner by the Assessor.

Stage 1

If there is a difference of opinion between the Assessor and the learner, the Assessor should endeavour to resolve the situation to the satisfaction of both parties. If this is not possible the learner must officially notify the Internal Quality Assurer (IQA) relevant to the qualification or Lead Internal Quality Assurer within 10 days of the disagreement.

 

Stage 2

The IQA will deal with the disagreement within 10 working days of receiving the letter of notification of disagreement.

 

Stage 3

The IQA will hold separate meetings with both learner and Assessor and will:

 

  1. Request a second assessment/opinion and/or
  2. Reassess the evidence and give feedback on the decision to both

Stage 4

If the IQA upholds the decision and the learner is still unhappy then the learner can appeal to the External Quality Assurer (EQA) for re – examination of the appeals procedure and an investigation of the situation.

 

Stage 5

The EQA will investigate the situation and examine the evidence. The EQA will also notify the learner of the decision in writing.

 

Stage 6

This process can continue to regional and national verification levels where the decision taken will be final.

 

Any learner has the right to appeal for reasons of:

  • Discrimination
  • Assessment Decisions
  • Programme Quality

 

The first point of contact should be with the appointed Programme Assessor.

If the situation is not resolved by the Assessor to the learners satisfaction, or the learner does not wish to involve the Programme Assessor, the appeal should be made in writing to the Head of Quality & Apprenticeships within 10 days of the disagreement. If the issue is still not resolved to the learners satisfaction, the appeal should be referred to the Awarding Body.

 

The Centre will investigate the appeal and respond to the learner within 10 working days of receiving the written appeal.

 

If an agreement cannot be reached through ASA Training Ltd the learner has the right to appeal in writing to the Awarding Body.

 

Head of Quality & Apprenticeships/Lead IQA: Claire Lamb – claire@asatraining.co.uk 01604 871340

External Quality Assurer (EQA) – NEBDN – Bethany Mulchinock – 01772 429917

External Quality Assurer (EQA) – C&G – Kushalya Devi – 01924 930801

 

Examinations

A learner has the right to query the result of an examination or a centre marked assessment. This should be made in writing to ASA Training Ltd.

ASA Ltd can make an Enquiry that allows the centre to question the following decisions made, that could result in an Appeal:

  • Examination results for multiple choice examinations
  • Qualification (Approval Risk) Status
  • An Awarding Body have not followed their own rules (policies)

 

Full details of the Enquiries and Appeals Policies for Awarding Bodies can be found on their relevant web sites.

www.cityandguilds.com

www.nebdn.org

 

 

Learner Signature: …………………………………………………………………………..Date: ……………………….