Bewellfit Appeals Procedure
Reviewed - December 2023
Next Review – December 2025
The purpose of an appeals procedure is to ensure that every learner who may be
unhappy with the outcome of an assessment decision has the right to appeal
against the decision that has been made. The intention is to ensure fairness
across the board and allow the students to feel they have been given adequate
opportunity to be successful on the course.
.
Stage 1
If a learner feels that an assessment decision is unfair in any way, be it an
assessors decision or assessment in unfair environment, or any other
circumstances the appeal should be addressed to the centre’s Internal Verifier
who will attempt to resolve the problem internally. If the learner is still
unsatisfied then stage 2 of the appeals procedure should be followed
Stage 2
An appeal may be made to the directors of Bewellfit outlining the complaint in
full and the steps already taken to resolve the issue. Appeals to be addresses to
Following discussions with the directors, if the student is still not satisfied with the
outcome or explanation they should progress to stage 3.
Stage 3
A formal appeal must be submitted in writing to either Focus Awards of YMCA
Awards. The candidate must complete the Candidate Appeals Application Form
giving the following details:
• name and contact details (address and telephone numbers)
• date appeal first reported to centre
• grounds for appeal
• factual details including dates, what was assessed and what action has been
taken so far
• desired outcome
The form should be sent, together with all the written documentation from the
assessment. Video evidence will significantly strengthen the appeal if available.
Within 5 working days of receipt of the written appeal, the Lead Verifier must
acknowledge receipt of the appeal by either:
• producing a written solution to the candidate, or
• producing a holding reply and a final reply within an additional 5 working days
In the event that the candidate is unhappy with the response from the Lead
Verifier, the appeal will be passed on to stage 4 of the procedure.
Stage 4
All the written documentation regarding the appeal will be sent to the Director of
the Awarding Body and must be sent within 5 working days from the Lead
Verifiers decision. The Director must acknowledge receipt of the documents within 5 working days
by offering a formal hearing conducted by the appeals panel which is made up of;
- Director of Awarding Body
- Lead Verifier of Awarding Body
- An independent member
The independent member must:
- Be totally independent of the Awarding Body
- Have not been in the past 7 years, a member of Awarding Bodies’ board or
committee or an employee or examiner of Awarding Body
The learner will receive a written outcome within 10 working days of the hearing.
In the event that the learner is unhappy with the response from the Panel, the
appeal will be passed on to stage 5 of the procedure.
Stage 5
All the evidence and the written appeal will be referred to an Independent
Reviewer within 5 working days of receipt of the Panel’s decision.
The Independent Reviewer must acknowledge receipt of the appeal by responding
within 5 working days. Their decision will be final.
The Independent Reviewer must meet the following criteria:
1. They are totally independent of Awarding Body and have no links with it
2. They have not been, at any time in the past 7 years, a member of Awarding
Body board or committees or an employee of or examiner for Awarding Body
3. Be a different individual from the independent reviewer from Stage 4
Fees
A nominal fee of £50 will be charged for handling appeals which progress beyond stage 1 of the procedure; but will be waived if the appeal is upheld.
In the case of group appeals, the fee per candidate will be reduced, depending on the number of candidates; and if the appeal is upheld, the fee waived. Where such appeals are partially upheld, the fee will be proportionately waived.. Bewellfit Policies and Procedures
Title:Appeals Policy and Procedure
Reviewed:November 2023
Review Date:November 2025
__________________________________________________________
___
Appeals Policy and Procedure
The Circumstances Under Which an Appeal is Possible
That there were irregularities in the conduct of the assessment than those in which the assessment was portrayed. For example inaccurate marking, alleged discrimination or unfairness.
That there were circumstances affecting the candidate, which the staff responsible for the assessment were unaware of, and which may reasonably be considered to have affected the candidate's performance in the assessment.
The Appeals Procedure
1.Internal and External Appeals
Whenever possible the dispute should be resolved within the course team without recourse to the formal appeals procedure. Candidates also have the opportunity to appeal externally to the Awarding Body, by following the procedures stated in their course handbook or the Awarding Body Guidance.
2.If the dispute cannot be resolved informally, the candidate may appeal in writing to the Curriculum Manager. This will be within five working days of the failure to resolve the dispute informally.
3.The appeals procedure can only be invoked by the individual whose work is the subject of the disputed decision, i.e. it cannot be invoked by a third party.
4.The Curriculum Manager shall then constitute an appeals panel within ten working days of receiving the appeal.
5.The candidate will be informed at least five working days before the appeal panel of the composition, date, time, and location of the panel and their right to be accompanied by a friend, relative, or member of staff.
6.The appeals panel will be composed of:
The candidate's Curriculum Manager.
The Internal Verifier.
One other appropriate member of staff qualified to provide an objective judgement.
7.The appeals panel will receive evidence from the candidate and staff member(s) involved, and from other sources, which it considers relevant to the disputed decision.
8.The panel will consider the appeal in private and will inform the candidate and staff member(s) in writing of the decision of the panel. If the panel cannot reach a decision and require further information all parties will be informed of this within three working days.
9.The outcome of the appeal may be as follows:
The panel may confirm the original assessment decision.
Where the grounds on which the appeal was sought are upheld, that is where irregularities in the conduct of the assessment are found, or where there were circumstances affecting the candidate's performance, the panel may declare the assessment invalid and either: Permit re-assessment of the piece of work in its original or an amended form.
10. The panel may make conditions with which the assessor and /or candidate must comply in the future.
11. A record of the appeals proceedings and outcome must be kept. This will be dispensed to the appropriate Curriculum Manager.
12. The centre will inform the Awarding Board of the outcome of the appeal if it has implications on the centre’s results.
13. If your complaint is not resolved by the Centre Complaints procedures, you have the right, in the case of academic disputes, to appeal to the appropriate awarding body.
Complaints Procedure
Reviewed - December 2023
Next Review – December 2025
Introduction
This document sets out our complaints policy and procedure and is aimed at our
learners and all interested parties who encounter a direct or indirect service from Bewellfit.
We value all the learners we deliver our qualifications to and our aim every day is to
exceed the expectations of our customers.
We are confident of providing a high quality service and would be extremely
disappointed if this is not the case.
Therefore, it is important should you feel you have encountered a level of service that is below both yours and our expectations that you raise any concerns you may have with us immediately so that we may address them and learn lessons.
We believe we take all responsible steps to ensure that the management, assessment team and quality assurers of our qualifications are aware of the contents of this policy and that we have a complaints’ handling procedure and appeals process in place to deal with complaints from learners about the services they receive. If an individual is unhappy about a service or activity being delivered by Bewellfit they must first of all go through the complaints process before bringing the
matter to Bewellfit Fitness bewellfit@gmx.com
If you feel as a customer that we have not been able to deal with your complaint satisfactorily and you wish to speak to someone else, you can ask to speak to the relevant Head of department.
If this is not possible, or if you are not satisfied with the help provided by the Head of
department, please send a written complaint, normally within two weeks of the event you are complaining about, and address it to us at the contact details outlined at the end of policy. If I complain what details do I have to give?
When you contact us, please give us your full name, contact details including a
daytime telephone number along with:
•
•
•
a full description of your complaint (including the subject matter and dates
and times if known);
any names of the people you have dealt with so far;
copies of any papers or letters to do with the complaint
Sometimes a complainant will wish to remain anonymous. However, it is always preferable to reveal your identity and contact details to us, and if you are concerned about possible adverse consequences please inform us that you do not wish for us to divulge your identity.
What will happen to my complaint ?
We will acknowledge receipt of your complaint within 48 hours and we will advise
you which member of the Bewellfit team will be investigating your complaint.
Our Head of Customer Support will be responsible for ensuring the investigation is
carried out in a prompt and effective manner and in accordance with the procedures
in this policy and will allocate a relevant member of staff to lead the investigation
and establish whether or not the issue relating to the complaint has occurred.
At all times we will ensure that Bewellfit personnel assigned to the investigation
have the appropriate level of training and competence and they have had no
previous involvement or personal interest in the matter. If the Head of Customer
Support has an involvement in the complaint matter they will not be responsible for
allocating a member of staff to carry out the investigation or for overseeing and managing the
investigation.
Equality and Diversity Policy
Reviewed - December 2023
Next Review – December 2025
Bewellfit is committed to encouraging equality and diversity, and reducing discrimination, and accepts the spirit and intention of the various legislation, regulations and codes of practice which separately and collectively outlaw certain kinds of discrimination in selection, recruitment, induction, programme delivery and assessment.
We aim to ensure that learners are truly representative of all sections of society and that every learner feels respected and able to give their best. Any issues or concerns should be raised to bewellfit@gmx.com
Bewellfit undertakes to ensure equality of treatment for all and aims to:
a. ensure no learner is discriminated against or receives less favourable treatment because of a protected characteristic
b. ensure awareness is raised around issues of diversity, and
c. acknowledge any issues of discrimination, harassment or victimisation that are brought to the attention of management ensuring they are investigated and rectified promptly and sensitively using an appropriate procedure
1. Definitions
For the purposes of this policy Bewellfit has adopted the following definitions:
a. Diversity means recognising, valuing and taking account of people’s different backgrounds, knowledge, skills and experiences, and encouraging and using those differences to make the way we work and learn more creative, efficient and innovative
b. Direct discrimination is treating a person less favourably than others due to a protected characteristic
c. Indirect discrimination is the applying of a requirement or condition, which, although applied equally to everyone, is such that a considerably smaller proportion of a particular group can comply with it and it cannot be justified. Harassment is the violation of a learners dignity, or, the creation of an intimidating, hostile, degrading, humiliating or offensive environment relating to
a protected characteristic
e. Victimisation arises where someone is treated badly because they have made a complaint or helped someone else make a complaint by giving evidence. Bewellfit will take steps to address identified inequalities or barriers that may arise and challenge discrimination in respect to the following protected characteristics:
•
Age
Disability
Gender reassignment
Race
Religion or belief
Sex
Sexual orientation
Pregnancy
Marriage/Civil partnership
2. Roles & Responsibilities
It is the responsibility of every individual to eliminate discrimination and to ensure the practical application of this policy.
Bewellfit
Has a responsibility to:
•
Adhere to the Equality Act (2010)
Not discriminate, harass or victimise a learner in relation to the withdrawal of a qualification
Ensure that there is an environment in which individual differences and the contributions of all learners are recognised and valued Ensure that every learner can learn in an environment that promotes dignity and respect to all and to ensure that no form of intimidation, bullying or harassment will be tolerated.
•
Ensure that practices and procedures are reviewed and amended to ensure fairness
Ensure that equality is promoted in the learning environment
Ensure that any breaches to this policy and procedure are dealt with appropriately
Provide advice and guidance to staff and learners to ensure that equality of opportunity is demonstrated
Check that policies and procedures are reviewed on a regular basis to ensure that they promote equality of opportunity for all
Consult with relevant learners and/or their representatives to ensure that there are no barriers to entry to the units and qualifications offered, other than those directly related to the integrity of units or qualifications
Oversee the fair and consistent application of this policy and procedure
Monitor and evaluate the effectiveness of this policy and determine the nature of any corrective action
Actions we take in practicality of learning
•
Bewellfit includes a VLE (Virtual learning Environment) in many of its course offerings as a substitute for face to face learning. This is useful if a learner suffers with anxiety etc and cannot manage a studio environment. This is one such way we are working to enhance the offering for accessibility to many more people
We also offer more bespoke 1-2-1 sessions where necessary to assist learners with any issues pertaining to being in larger groups, or with a more difficult challenge in learning and retaining information. Our groups are deliberately smaller in order to assist learning for those that may
otherwise feel less inclined to be involved. In addition to the greater access to the VLE, our content is accessible pre-course and post-course meaning learners have more opportunity to absorb the content at their own pace. The content is also varied in its delivery which will assist
students with different learning styles.
While we appreciate that this is a forward step in our position of inclusion for diversity and equality we are aware there is further work to do, and we will be working hard to improve the accessibility for all interested parties.
Bewellfit Equal Opportunities Policy
Student to retain this copy for their records
Reviewed - December 2023
Next Review – December 2025
Our Commitment
Bewellfit is committed to providing equal opportunities in employment and training to
avoid unlawful discrimination in employment or to customers.
This policy is intended to assist Bewellfit to put this commitment into practice.
Compliance with this policy should also ensure that employees or subcontractors do not
commit unlawful acts of discrimination.
Striving to ensure that the work environment is free of harassment and bullying and that
everyone is treated with dignity and respect is an important aspect of ensuring equal opportunities in practice.
The Law
It is unlawful to discriminate directly or indirectly in recruitment or employment on
grounds of sex, gender reassignment, pregnancy, colour, race, nationality, ethnic or
national origins, sexual orientation or religion or belief, or because someone is married
or is a civil partner. It is unlawful to treat someone less favourably on grounds of
disability than others without that disability are or would be treated, unless the less
favourable treatment can be justified, or to fail to make reasonable adjustments to
overcome barriers to employment caused by disability. It is unlawful to discriminate
unjustifiably on grounds of age in relation to employment. Discrimination after
employment may be unlawful, eg in refusing to give a reference or in the form of
reference given.
It is unlawful to discriminate directly or indirectly in the provision of goods, facilities or
services to customers on grounds of sex (which may include gender reassignment),
pregnancy, religion or belief, sexual orientation, colour, race, nationality, or ethnic or
national origins. It is unlawful to discriminate, without justification, on grounds of
disability or to fail to make reasonable adjustments to overcome barriers.
Some types of harassment or bullying will be unlawful discrimination.
It is unlawful to victimise someone because he or she has alleged unlawful discrimination
or supported someone to make a complaint or given evidence in relation to a complaint.
Types of Unlawful Discrimination
Direct discrimination is where a person is treated less favourably than another in
comparable circumstances on a prohibited ground. An example of direct sex
discrimination would be refusing to employ a woman because she was pregnant. Unlike
the other forms of discrimination, direct discrimination on the grounds of age can be
justified where experience is valuable for the role.
Indirect discrimination is where a provision, criterion or practice is applied which is
such that it would be to the detriment of a considerably larger proportion of the relevant group to which the individual belongs than to others, which is not objectively justifiable
and which is to the individual's detriment. An example of indirect sex discrimination
could be requiring everyone to work full time unless there is a good reason, unrelated to
sex, as to why the particular job has to be done on a full-time basis, since requiring
everyone to work full time will normally adversely affect a higher proportion of women
than men.
Harassment is where there is unwanted conduct related to one of the prohibited
grounds which has the purpose of violating a person's dignity or creating an intimidating,
hostile, degrading, humiliating or offensive environment for that person. Or it is
reasonably considered by that person to have the effect of violating his or her dignity or
of creating an intimidating, hostile, degrading, humiliating or offensive environment for
him or her, even if this effect was not intended by the person responsible for the conduct.
Failure to make reasonable adjustments is where arrangements disadvantage an
individual because of a disability and reasonable adjustments are not made to overcome
the disadvantage.
Victimisation is where someone is treated less favourably than others because he or
she has alleged unlawful discrimination or supported someone to make a complaint or
given evidence in relation to a complaint.
Equal opportunities in employment
Bewellfit will avoid unlawful discrimination in all aspects of employment including
recruitment, promotion, opportunities for training, pay and benefits, discipline and
selection for redundancy. Bewellfit will endeavour to employ the best and right person to
perform the task regardless of their situation.
Person and job specifications will be limited to those requirements that are necessary for
the effective performance of the job. Candidates for employment or promotion will be
assessed objectively against the requirements for the job, taking account of any
reasonable adjustments that may be required for candidates with a disability. Disability
and personal or home commitments will not form the basis of employment decisions
except where necessary.
Bewellfit will consider any possible indirectly discriminatory effect of its standard
working practices, including the number of hours to be worked, the times at which these
are to be worked and the place at which work is to be done, when considering requests
for variations to these standard working practices and will refuse such requests only if Bewellfit
considers it has good reasons, unrelated to any prohibited ground of discrimination, for
doing so. Bewellfit will comply with its obligations in relation to statutory requests for
contract variations and will also make reasonable adjustments to its standard working
practices to overcome barriers caused by disability.
Bewellfit will monitor the ethnic, gender and age composition of the existing workforce
and of applicants for jobs (including promotion), and the number of people with
disabilities within these groups, and will consider and take any appropriate action to
address any problems which may be identified as a result of the monitoring process.
Bewellfit cannot lawfully discriminate in the selection of employees for recruitment or
promotion, but may use appropriate lawful methods, including lawful positive action, to address the under-representation of any
under represented in particular types of job, group which identifies as being Customers, suppliers and other people not employed by the Company
Bewellfit will view all as equal and not discriminate unlawfully against customers using
or seeking to use goods, facilities or services provided by the Company.
Employees should report any bullying or harassment by customers, suppliers, visitors or
others to their manager who will take appropriate action.
Training
Bewellfit will provide training in equal opportunities to managers and others likely to be
involved in recruitment or other decision making where equal opportunities issues are likely to arise.
Bewellfit will provide training to all existing and new employees and others engaged to
work at Bewellfit to help them understand their rights and responsibilities and what they can
do to help create a working environment free of bullying and harassment.
Student responsibilities
Every student is required to assist Bewellfit to meet its commitment to provide equal
opportunities in employment and avoid unlawful discrimination.
Students can be held personally liable as well as, or instead of, Bewellfit for any act of
unlawful discrimination. Students who commit serious acts of harassment may be guilty
of a criminal offence and will be investigated and possibly removed from the course
without reimbursement of course fees.
Acts of discrimination, harassment, bullying or victimisation against employees or
customers are disciplinary offences and will be dealt with under the Company's
disciplinary procedure. Discrimination, harassment, bullying or victimisation may
constitute gross misconduct and could lead to dismissal from the course without notice.
Grievances
If you consider that you may have been unlawfully discriminated against, you may use
the Company's grievance procedure to make a complaint. Bewellfit will take any complaint seriously and will seek to resolve any grievance which it upholds. You will not be penalised for raising a grievance, even if your grievance is not upheld, unless your complaint is both untrue and made in bad faith. Use of the company's grievance procedure does not affect your right to make a
complaint to an employment tribunal. Complaints to an employment tribunal must
normally be made within three months beginning with the act of discrimination
complained of. Monitoring and review This policy will be monitored periodically by Bewellfit to judge its effectiveness and will be updated in accordance with changes in the law. In particular, the company will monitor the ethnic and gender composition of the existing workforce and of applicants for jobs (including promotion) where necessary, and the number of people with
disabilities within these groups, and will review its equal opportunities policy in
accordance with the results shown by the monitoring. If changes are required, the
company will implement them.
Information provided by job applicants and employees for monitoring purposes will be
used only for these purposes and will be dealt with in accordance with the Data
Protection Act 1998.
HEALTH, SAFETY AND
ENVIRONMENTAL
POLICY
Issue 03
December 2023
Bewellfit * Health & Safety Programme
CONTENTS
PAGE
1. Introduction3
2. Statement of Intent4
3 . Organisation
4. Company Organisation Chart
5. Responsibilities of the Company
6. Responsibilities of the Director
7. Responsibilities of every Employee & Freelance Trainer
8. Arrangements
9. Consultation with Employees
10. Lines of Communication
11 Risk Assessments
12. First Aid
13. Incident Reporting
14. Emergency Procedures - Fire and Evacuation
15. Information, Instruction and Supervision
16. Competency for Tasks and Training
17. Monitoring
18. Appendices
19. Risk Assessment Strategy
20. Risk Assessment Form
21. Accident / Incident Report Form
22. Annual Monitoring Form
Bewellfit * Health & Safety Programme
INTRODUCTION
1. Section 2(3) of the Health & Safety at Work etc, Act 1974 places a legal duty on
every employer to prepare, regularly review and revise a written statement of general
policy and to bring the statement and subsequent revisions to the notice of all
employees.
2.Bewellfit * health & safety programme consists of:
•Section 2 this is a Statement of Intent regarding health, safety, and welfare at work,with consideration to our environment.
•Section 3 describes our Organisation structure for health and safety within thecompany. It includes employees’ responsibilities and duties for carrying out theStatement of Intent.
•Section 4 describes the Arrangements for carrying out the Statement of Intent.
3. The Health & Safety Policy is to be kept under the control of the Director for employee reference. It is designed to be a working document for reference.
-3-Bewellfit * Health & Safety Programme
STATEMENT OF INTENT
It is the policy of Bewellfit to comply with the terms of the Health and Safety at Work etc,
Act 1974 and subsequent legislation and to provide and maintain a safe and healthy working
environment.
It is our main health and safety objective to take all practical measures to ensure the health,
safety and welfare of our employees whilst at work and our trainers and students whilst
learning, thus minimising the number of occupational accidents and work-related illnesses,
this we know is essential for the efficient operation of Bewellfit.
It is our general policy to:
•
Provide adequate control of the health and safety risks arising from our work activities.
Provide all employees and freelance trainers with the necessary equipment, information,
instruction, and supervision to carry out their roles safely.
Ensure all employees and freelance trainers are competent to do their tasks, and to give
them adequate training.
Provide and maintain safe plant and equipment.
Ensure the safe handling and use of substances.
Ensure individuals moving and handling loads receive adequate training.
Recognise and accept our duty to protect the health and safety of all students, guests’
contractors, temporary workers, and members of the public so far as reasonably
practicable.
Consult with employees and freelance trainers on matters affecting their health and safety.
Review and revise this policy as necessary at regular intervals (or at least annually).
We understand that:
•
While the management of Bewellfit will do all that is within its powers to ensure the
health and safety of all employees, it is recognised that health and safety at work is the
responsibility of every individual associated with the Company. It is the duty of each
employee to take reasonable care of their own and that of other people’s welfare.
Bewellfit is striving, so far as reasonably practicable, to be environmentally conscious. We
are taking steps to minimise pollution and continually improve environmental performance
as a company. Compliance with all relevant environmental legislation is illustrated within
specific health and safety procedures.
This policy statement supersedes that previously issued.
Signed:
6 th December 2023
Zara Riseborough, Director
-4-Bewellfit * Health & Safety Programme
3.0
ORGANISATION
The overall and final responsibility for health and safety is that of the Director.
Day to day responsibility for ensuring this policy is put into practice is managed by the
Director.
To ensure health and safety standards are maintained and improved upon, the Freelance
Trainer has the day-to-day responsibility for managing health and safety within the learning
environment.
Specific health and safety roles can be delegated further, providing that adequate
information, instruction and supervision is given.
3.1 COMPANY ORGANISATION CHART FOR HEALTH & SAFETY
Owner
Zara Riseborough
RESPONSIBILITIES OF THE COMPANY
Bewellfit has a legal duty, so far as is reasonably practicable, to ensure the:
• health, safety, and welfare at work of its employees.
• health and safety of persons who are not their employees so far as it may be affected by the activities of the Company’s workforce.
This responsibility extends to providing that:
• The policy will be made available to any new employee or freelance trainer during
their induction on their first day of employment.
• The policy will be reviewed regularly (at least annually) or if there are any changes
to Company structure or procedures.
• The arrangements of the policy include consultation with employees.
• Workplaces, procedures, machinery, equipment, and materials used at work shall
not (so far as reasonably practicable) constitute a risk to either the Company’s
employees or others.
• Financial and other resources, such as time, will be made available for health and
safety.
3.3 RESPONSIBILITIES OF THE DIRECTOR
The Director will ensure the effectiveness of the Company’s policy for health, safety and
welfare and will in particular:
• Instigate a positive health and safety culture throughout the Company by encouragement and example.
• Ensuring all freelance trainers follow the safe learner concept – through the
management of the learning environment and the quality of the learning experience.
• Review annually and at such other times as may be necessary, the Company’s
health and safety facilities and performance and ensure the development of a
programme to maintain and improve arrangements.
• Ensure liaison with employees and freelance trainers on health and safety matters.
• Ensure risks to employees, freelance trainers and non-employees arising from the
Company’s activities are evaluated and minimised as far as reasonably practicable.
In particular, where such risks may result in personal injury or harm.
• Ensure the undertaking of health and safety audits, the investigation of specific
health and safety problems and the investigation of accidents, as necessary.
• Monitor progress on health and safety matters.
• Ensure that reports of legally notifiable accidents are reported promptly to the
appropriate authorities within the designated time frames.
• Review annually, details of the estimated costs for health and safety in respect of
the forthcoming year and their interpretation into the budget process.
• Ensure the Company health & safety policy is read and understood by all
employees and freelance trainers.
• Take all necessary action to ensure that health and safety regulations are known
and understood and are implemented in all working environments.
• Ensure that supervision is given to all employees and freelance trainers where
necessary and that no unnecessary risks are taken by employees and non-
employees.
-6-Bewellfit * Health & Safety Programme
•
Ensure risk assessments are undertaken and recorded as necessary and all remedial action undertaken.
Ensure first aid arrangements including trained personnel are in place and first aid
facilities are maintained in good order and first aiders are aware of the procedure during course delivery.
Provide health & safety training to employees and freelance trainers and record such training.
Be aware of additional risks to which new/expectant mothers, young persons (under 18), lone workers and disabled persons are exposed to and ensure their needs are met.
The Director must ensure all health and safety records are made and kept on file for a minimum of three years.
3.4 RESPONSIBILITIES OF EVERY EMPLOYEE and FREELANCE TRAINER
Under the Health and Safety at Work, etc Act 1974, every employee irrespective of their
level has a legal duty to:
• Take reasonable care for the health and safety of themselves and others whilst at work.
• Co-operate with the Company to the extent that is necessary for them to fulfill their legal health & safety duties.
• Not interfere with or misuse anything which is provided for reasons of health and safety.
• Use any machinery, equipment, dangerous substance, or safety device, only in accordance with any training or instructions given and in compliance with the relevant statutory provisions.
• Inform the Director of any work situation which they consider represents a danger to
health and safety; and any matter that they consider represents a shortcoming in the Company’s protection arrangements for health and safety.
• Report all accidents or dangerous occurrences to the Director and Venue Manager immediately and complete the venues accident report book.
• Not participate in ‘horse play’.
-7-Bewellfit * Health & Safety Programme
4.0 ARRANGEMENTS
Bewellfit uses the Plan, Do, Check, Act approach recommended by the HSE in
Managing Health & Safety. It achieves a balance between the systems and
behavioural aspects of management. It also treats health and safety management as
an integral part of good management generally, rather than as a stand-alone system.
ACT
Review performance and improve.
Audits and inspections.
Learn from accidents and review risk
Assessments.
Where are we as a company?
What do we want to achieve?
Write down in H&S
Policy and communicate.
CHECK
Measure performance.
Assess how well risks are being controlled.
Investigate incidents and near misses.
Identify the Company risk profile.
Organise activities to deliver the plan.
Implement the plan.
Train, instruct and supervise.
4.1 CONSULTATION WITH EMPLOYEES
Bewellfit will pro-actively involve its employees and freelance trainers in all issues
relating to health and safety in the learning environment.
We will consult on decisions affecting or involving:
• Any change which may substantially affect the health and safety at work of
employees, for example changes in procedures, equipment or working methods.
-8-Bewellfit * Health & Safety Programme
• The Company’s arrangements for nominating competent persons to help satisfy
health & safety laws.
• Information that employees must be given on the likely risks and dangers arising
from their work, measures to reduce or eliminate these risks and what they should
do if they must deal with a risk or danger.
• The health and safety consequences of introducing new technology.
At Bewellfit we will consult with employees and freelance trainers through either of
the following ways:
• ‘open door’ discussion on an individual basis
• telephone or text messaging
• social media platforms
4.2 LINES OF COMMUNICATION
Employees may refer health, safety and welfare matters to their Director.
Wherever possible, the Director will rectify unsatisfactory conditions, eliminate
hazards, or otherwise resolve problems referred to them by employees or freelance trainers.
In all instances, employees and freelance trainers must be informed of the action taken
in respect of the matters they raise and if no action is to be taken, they must be
informed of this, together with the reasons. Where necessary action will involve some
delay, the employee or freelance trainer should be given the details and kept informed of progress.
All employees, freelance trainers and learner are encouraged to submit suggestions
for better health and safety to the Director.
4.3 RISK ASSESSMENTS
The Management of Health & Safety at Work Regulations 1999 places a responsibility
on Bewellfit to provide a comprehensive system of health and safety risk
assessments to be carried out by competent persons in the workplace. The duty on
the Company to carry out those assessments of risk extends beyond the health and
safety of our employees to any other person who may be affected by our business
(e.g. learners, contractors, guests, members of the public). Refer to Appendix 5.1 Risk
Assessment Strategy.
Risk assessments will be undertaken by the Director and then reviewed at least
annually, or when work activity, equipment, personnel changes in the learning
environment or in the event of an accident / incident.
It is the responsibility of the Director to ensure any action required from the risk
assessment is implemented within the designated time frame. Refer to Appendix 5.2 for
a copy of the risk assessment form.
4.4 FIRST AID
It is first aid policy of Bewellfit to ensure all freelance trainers are in possession of a
current Emergency First Aid at Work qualification.
-9-Bewellfit * Health & Safety Programme
The location of first aid facilities will be made known to all freelance trainers and will be
kept at the Venue Reception area.
First aid equipment must be maintained, and first aid boxes checked quarterly for
number of items and time expired items (then recorded using the checklist detailed in
the health and safety procedures manual) and replenished, as necessary. Freelance
trainers must notify the Director should an incident occur which requires use of the first
aid provisions.
4.5 INCIDENT REPORTING
All injuries, however small, sustained by a person at work must be reported using the
Incident Record form. The forms must be kept at the venue reception, in a location
known to all freelance trainers. The Director is responsible for following up all
accidents by telephone within 24 hours and recording the outcome on the report.
The Director is responsible for reporting incidents, diseases, and dangerous
occurrences (RIDDOR 2013) to the RIDDOR Centre within the designated timeframe.
All incidents and near misses must be recorded using the Incident report form kept at
the Venue Reception. (Refer to Appendix 5.3)
Accident and incident reports are crucial to effective monitoring of our policy and
therefore must be accurate and comprehensive – clearly stating the fact of the event, no opinion.
Accident/incident investigation forms must be used by the Director to follow up
major/serious accidents/incidents within the learning environment; risk assessments
must then be reviewed and acted upon where necessary.
4.6 EMERGENCY PROCEDURES - FIRE AND EVACUATION
The Director is responsible for ensuring all fire and emergency procedures and
legislation is planned, communicated, and adhered to by the Venue prior to it being
used as a learning environment for Bewellfit learners. Such information will be communicated
to the freelance trainers before course delivery and confirmation of understanding
received.
4.7 INFORMATION, INSTRUCTION AND SUPERVISION
The Health and Safety Law poster must be displayed on the Bewellfit health and
safety notice board at the head office and kept up to date.
Health and safety advice is available from a competent Health and Safety Advisor on a
telephone /email service for the Director of Bewellfit as required.
The Director must arrange and supervise all work carried out by young persons (16 –
18 years).
4.8
COMPETENCY FOR TASKS AND TRAINING
Recruitment and Induction training of all freelance trainers will be carried out by the
Director who will check references and keep copies of all relevant certifications and
qualifications to confirm competency for their roles before delivery of any courses.
Personal development plans are encouraged by Bewellfit for all freelance trainers.
Training records and certificates are kept by the Director. Any health and safety
training, such as first aid renewals will be identified, arranged, and monitored by the Director.
- 10 -Bewellfit * Health & Safety Programme
4.9
MONITORING
As a company, Bewellfit must be able to show that we are monitoring health and
safety. This can be done actively, e.g. doing spot check visits, or reactively, e.g.
investigating any accidents or ill health.
To check our learning environments, and ensure our safe working practices are being
followed, in house checks are carried out regularly by the Director or the Health and
Safety Advisor. (Refer to Appendix 5.4)
The Director will carry out internal accident/incident investigations on all serious and
major events within the workplace.
Bewellfit Malpractice and Maladministration Policy
Reviewed - December 2023
Next Review – December 2025
We will review the guidance every other year as part of our annual self-
evaluation arrangements and revise it as and when necessary in response to
customer and learner feedback, changes in our practices, actions from the
regulatory authorities or external agencies, changes in legislation, or trends
identified from previous allegations.
In addition, this guidance may be updated in light of operational feedback to
ensure our arrangements for dealing with suspected cases of malpractice and
maladministration remain effective.
If you would like to feedback any views please contact us via the details provided
at the end of this guidance.
Process for making an allegation of malpractice or maladministration
Anybody who identifies or is made aware of suspected or actual cases of
malpractice or maladministration at any time must immediately notify Bewellfit
and the awarding body related to the course they are taking. In doing so they
should put them in writing/email and enclose appropriate supporting evidence.
All allegations must include (where possible):
• Centre’s name, address and number
• Learner’s name and Awarding Body registration number
• Centre personnel’s details (name, job role) if they are involved in the case
• Details of the course/qualification affected or nature of the service affected
• Nature of the suspected or actual malpractice and associated dates
• Details and outcome of any initial investigation carried out by the centre or
anybody else involved in the case, including any mitigating circumstances
If a centre has conducted an initial investigation prior to formally notifying the
Awarding Body (AB), the centre should ensure that staff involved in the initial
investigation are competent and have no personal interest in the outcome of the
investigation. However, it is important to note that in all instances the centre must immediately notify the AB if they suspect malpractice or maladministration has
occurred as we have a responsibility to the regulatory authorities to ensure that
all investigations are carried out rigorously and effectively.
In all cases of suspected malpractice and maladministration reported the AB will
protect the identity of the ‘informant’ in accordance with duty of confidentiality
and/or any other legal duty.
Definition of Malpractice
Malpractice is essentially any activity or practice which deliberately contravenes
regulations and compromises the integrity of the internal or external assessment
process and/or the validity of certificates. It covers any deliberate actions,
neglect, default or other practice that compromises, or could compromise:
• The assessment process;
• The integrity of a regulated qualification;
• The validity of a result or certificate;
• The reputation and credibility of all involved parties; or,
• The qualification or the wider qualifications community.
Malpractice may include a range of issues from the failure to maintain
appropriate records or systems, to the deliberate falsification of records in order
to claim certificates.
Definition of Maladministration
Maladministration is essentially any activity or practice which results in non-
compliance with administrative regulations and requirements and includes the
application of persistent mistakes or poor administration within a centre (e.g.
inappropriate learner records).Examples of maladministration
The categories listed below are examples of centre and learner
maladministration. Please note that these examples are not exhaustive and are
only intended as guidance on our definition of malpractice:
• Persistent failure to adhere to learner registration and certification procedures.
• Persistent failure to adhere to centre recognition and/or qualification
requirements and/or associated actions assigned to the centre
• Late learner registrations
• Unreasonable delays in responding to requests and/or communications from AB’s
• Inaccurate claim for certificates
• Failure to maintain appropriate auditable records, e.g. certification claims and/or forgery of evidence
• Withholding of information, by deliberate act or omission, from AB which is
required to assure the centre’s ability to deliver qualifications appropriately
• Misuse of logos and trademarks or misrepresentation of a centre’s relationship
with an AB and/or its recognition and approval status with said AB
• Failure to adhere to, or to circumnavigate, the requirements of our Reasonable
Adjustments and Special Considerations Policy.
Examples of malpractice
The categories listed below are examples of centre and learner malpractice.
Please note that these examples are not exhaustive and are only intended as
guidance on our definition of malpractice:
• Denial of access to premises, records, information, learners and staff to any
authorised AB representative and/or the regulatory authorities
• Failure to carry out internal assessment, internal moderation or internal
verification in accordance with our requirements • Deliberate failure to adhere to learner registration and certification procedures.
• Deliberate failure to continually adhere to centre recognition and/or qualification
approval requirements or actions assigned to centre
• Deliberate failure to maintain appropriate auditable records, e.g. certification
claims and/or forgery of evidence
• Fraudulent claim(s) for certificates
• The unauthorised use of inappropriate materials / equipment in assessment
settings (e.g. mobile phones)
• Intentional withholding of information from AB which is critical to maintaining
the quality assurance and standards of qualifications
• Deliberate misuse of logos and trademarks or misrepresentation of centre’s
relationship with AB and/or its recognition and approval status with AB
• Collusion or permitting collusion in exams/assessments
• Learners still working towards qualification after certification claims
• Persistent instances of maladministration within the centre
• Deliberate contravention by a centre and/or its learners of the assessment
arrangements specified for qualifications
• A loss, theft of, or a breach of confidentiality in, any assessment materials
• Plagiarism by learners/staff
• Copying from another learner (including using ICT to do so).
• Personation -assuming the identity of another learner or having someone
assume your identity during an assessment.
• Unauthorised amendment, copying or distributing of exam/assessment
papers/materials
• Inappropriate assistance to learners by centre staff (e.g. unfairly helping them
to pass a unit or qualification)
• Deliberate submission of false information to gain a qualification or unit• Deliberate failure to adhere to, or to circumnavigate, the requirements of our
Reasonable Adjustments and Special Considerations Policy.
Bewellfit’ responsibility for preventing malpractice and/or maladministration
Centres have a responsibility to prevent instances of malpractice and
maladministration, to establish and maintain, and at all times comply with, up-to-
date written procedures for the investigation of suspected or alleged malpractice
or maladministration
Whilst it is nearly impossible to completely remove the risk of maladministration
or malpractice occurring within centres we feel the following would go some way
to strengthening a centre’s internal arrangements in this area. Ensure:
• All staff are aware of your policies and procedures and receive appropriate
training/briefings on these
• Staff have clear roles and responsibilities
• There is a documented internal quality assurance procedure/methodology that
is clearly in place and is subject to regular internal reviews
• There are documented internal standardisation arrangements in place and
evidence that these take place at least once a year (if not more)
• Learners are informed of their roles and responsibilities in terms of not doing
anything that may be deemed malpractice and jeopardise their potential achievements
• All assessment and internal verification activities are accurately recorded and
carried out in accordance with their internal quality assurance
arrangements and in line with your expectations as out-lined in your
qualification guides, etc
• All registration and certification records are subject to appropriate internal
review before submission to AB
Stage 1: Briefing and record-keeping
Anyone involved in the conduct of an investigation will have a clear brief and understanding of their role.
All investigators must maintain an auditable record of every action during an
investigation to demonstrate that they have acted appropriately.
The officer assigning the investigating officer(s) will stipulate and/or provide
secure storage arrangements for all material associated with an investigation in
case of subsequent legal challenge. There may be occasions when a joint
investigation occurs with the AB, with the roles of the two teams being clarified by
the AB. It is our responsibility to ensure their investigators are fully aware of the
agreed roles and processes to follow in the investigation.
Stage 2: Establishing the facts
Investigators will review the evidence and associated documentation, including
relevant AB guidance on the delivery of the qualifications and related quality
assurance arrangements.
Issues to be determined:
• What occurred (nature of malpractice/substance of the allegations)
• Why the incident occurred
• Who was involved in the incident
• When it occurred
• Where it occurred – there may be more than one location
• What action, if any, the centre has taken.
Stage 3: Interviews
Interviews will be thoroughly prepared, conducted appropriately and underpinned
by clear records of the interviews. For example:
• Interviews will include prepared questions; responses should be recorded.
Face-to-face interviews should normally be conducted by two people with one
person primarily acting as interviewer and the other as note-taker.
Those being interviewed will be informed that they may have another individual of their choosing present and that they do not have to answer questions. These
arrangements aim to protect the rights of all individuals.
Stage 4: Other contacts
In some cases, learners or employers may need to be contacted for facts and
information. This may be done via face-to-face interviews, telephone interviews, by post or by email.
Whichever method is used, the investigator will have a set of prepared questions.
The responses will be recorded in writing as part of confirmation of the evidence.
Investigators will log the number of attempts made to contact an individual.
Stage 5: Documentary evidence
Wherever possible documentary evidence will be authenticated by reference to
the author; this may include asking learners and others to confirm handwriting,
dates and signatures.
Receipts will be given for any documentation removed from a centre.
Independent expert opinion may be obtained from subject specialists about a
learner’s evidence and/or from a specialist organisation such as a forensic
examiner, who may comment on the validity of documents.
Stage 6: Conclusions
Once the investigators have gathered and reviewed all relevant evidence, a
decision is made on the outcome.
Stage 7: Reporting
A draft report is prepared and factual accuracy agreement obtained. The final
report is submitted to the Internal Verifier for review and sign-off and shared with
the AB and relevant parties within your organisation.
Stage 8: Actions
Any resultant action plan is implemented and monitored appropriately and AB
must then be notified.
If you’ve any queries about the contents of the guidance, please contact our
support team: E: bewellfit@gmx.com
Safeguarding Children and Vulnerable Adults Policy
Reviewed - December 2023
Next Review – December 2025
PURPOSE AND BACKGROUND
The welfare of a child and vulnerable adult is paramount. Abuse is a term to
describe ways in which children and vulnerable adults are harmed, usually by adults
and often by people they know and trust. It refers to the damage done to a child or
vulnerable adult’s physical or mental health. New forms of abuse such as internet
grooming, financial abuse of older people and the extreme difficulties faced by young
asylum seekers, mean our policies and procedures need to be continually reviewed
to keep abreast of these developments.
Abuse can occur within or outside the family including a place of learning or training.
Safeguarding, if it is to have an impact, must become the responsibility of everyone.
All employees, directors, board members, partners and other stakeholders have a
responsibility to actively make the environment a safe and secure place for all.
DEFINITIONS
The Children Act 1989 and 2004 defines a ‘child’ as:
a person under the age of 18.
The Safeguarding Vulnerable Groups Act 2006 defines a ‘vulnerable adult’ as:
Person aged 18 and over, and;
Receiving a social care service;
Receiving a health service;
Living in sheltered accommodation;
Detained in custody or under a probation order;
Requiring assistance in the conduct of his/her affairs;
Receiving a service or participating in an activity targeted at older people;
People with disabilities or with physical or mental health conditions.
POLICY STATEMENT
Bewellfit is fully committed to providing a working and learning environment
that is free from abuse and harm. It will strive to maintain a safe culture within all of
its work and learning environments by: clearly identifying and communicating the
roles and responsibilities within the organisation for safeguarding; having clear
audited procedures in place; training staff in safeguarding procedures and by
allocating sufficient resources to safeguarding; applying a zero tolerance to any form
of abuse and harm. This policy is also designed to protect the staff of Bewellfit
against false allegations.
All children and vulnerable adults whatever age, culture, disability, gender, ethnic
origin, religious beliefs and/or sexual identity have the right to protection from abuse. All suspicions and allegations of abuse will be taken seriously and responded to swiftly and appropriately.
Bewellfit will clearly identify their Designated Persons (DP), it will be the
tutor/assessor of the particular course the learners are attending, their location and
contact details in formats that are easily accessible to all learners. There will be a
deputy in case of sickness, annual leave or in the event of an allegation made
against the DP.
POLICY FOR STAFF
Bewellfit is committed to a policy in which:
Where staff are required to have contact with children or vulnerable adults, Bewellfit
will only recruit or appoint staff who are deemed suitable to work with children or vulnerable adults;
Existing members of staff moving into roles that have a direct contact with learners will undergo an enhanced Criminal Records Bureau check;
All new members of staff who are under the age of 18 will have a Young Persons Risk Assessment carried out as per the Health and Safety Policy
Statement; As part of the initial advice and guidance session or induction session, all new
learners will be shown this Safeguarding Children and Vulnerable Adults Policy. This will be followed by discussion and checking of understanding. All new employees will be made aware of and issued with this policy as part of their induction, depending on their role;
All children and vulnerable adults within the organisation will be informed that their assessor or tutor will be their nominated contact point for any concerns they may have regarding safeguarding. The assessors and tutors must liaise with the coordinator at Bewellfit, with any concerns to ensure
safeguarding;
Staff must keep a secure and up to date record of all children and vulnerable adults either working in or learning within the organisation. They should monitor their progress on a regular basis to check they are safe from abuse and harm whilst on the qualification.
GUIDANCE
Good Practice
Always work in an open environment avoiding private or unobserved situations, encourage open communication;
Treat all children and vulnerable adults equally with respect and dignity;
Maintain a safe and appropriate distance;
Be aware of the effect your words or actions may have.
Practices to be avoided
Spending excessive amounts of time alone with children and vulnerable adults away from others;
Straying from the specified task or assignment;
Being unnecessarily inquisitive;
Saying anything that may make a child or vulnerable adult feel uncomfortable, or that could be interpreted as aggressive, hostile or impatient;
Being drawn into personal conversations;
Sitting or standing too close;
Meeting other than at the prearranged venue;
Exchanging personal details;
Making contact via social internet contact sites.
Practices never to be sanctioned
You should never:
Allow allegations made by a child or vulnerable adult to go unchallenged, unrecorded or not acted upon;
Promise a child or vulnerable adult that their confidences will be kept secret;
Allow children or vulnerable adults to use inappropriate language unchallenged;
Reduce a child or vulnerable adult to tears as a form of control;
Allow or engage in any form of touching or make suggestive comments to a child or vulnerable adult.
RESPONSIBILITY FOR THE IMPLEMENTATON OF THE POLICY
We believe that it is everyone’s responsibility to remain vigilant and to ensure that
children and vulnerable adults are provided with a safe and secure environment.
Staff dealing with children and vulnerable adults will be trained in how to recognise
and respond to a situation where abuse is reported and how to report this or any
concerns. They should try to consider and act on 5 R’s:
Recognition;
Response;
Reporting;
Recording;
Referral.
Recognition - signs and indicators of abuse may just cause concern, but it could be
a direct disclosure from someone. A direct disclosure may be made to anyone within
the organisation who is trusted by the individual.
Response – Appropriate response is vital. No report should ever be ignored. At this
point the response is just to listen, stay calm, and not show shock or outrage at what
is being disclosed. You may need to ask some questions, but these should never
lead or probe, just gather enough information to ascertain if there is immediate
danger or harm. Do not make any promises as to what will happen, and be clear
that everything will be treated in confidence, but must be passed on to the
appropriate coordinator at Bewellfit.
Reporting – Immediately report your concerns or information to the coordinator.
Once the report has been made, the responsibility will lie with the coordinator.
You are within your rights to check that appropriate action has been taken, but
confidentiality may mean that the coordinator may not be able to share this
information with you. If for any reason you feel that the matter has not been taken
forward, you can make a referral directly to the Independent Safeguarding Authority.
Recording – You should record precisely what has been alleged, using the key
words and phrases used by the individual. You can also record your own
observations of the individual, as well as your interpretation of the facts. This record
should be passed on in person to the coordinator, who will store it securely,
where it is only accessible to those staff with safeguarding responsibilities.
Referral - The coordinator should gather enough information to make a referral,
if appropriate by talking to the appropriate people outside the organisation.
ROLES AND RESPONSIBILITIES
Roles and responsibilities are as follows:
Managing Director
Allocate required resources and time to provide adequate safeguarding measures;
Provide leadership in ensuring the safety of children and vulnerable adults;
Review and approve policy annually;
Review systems and procedures to report to the Bewellfit.
Head of Quality & Compliance
Put in place a comprehensive training programme to ensure all staff have a competent understanding of safeguarding that is relevant to their role;
Ensure all staff have been thoroughly vetted prior to undertaking duties;
Audit and review each divisional areas performance against safeguarding procedures;
Review and update safeguarding procedures;
Make sure sub-contractors arrangements for safeguarding are comprehensive;
Audit and review all sub-contractors performance against safeguarding procedures.
Designated Person (Zara Riseborough ).
Manage the application of safeguarding procedures in their centre;
Act as the focal point for safeguarding in their centre;
Ensure all staff are competent to undertake their safeguarding duties;
Clearly communicate the safeguarding policy to all staff;
Liaise with partner agencies as required, including Local Safeguarding Children Board (LSCB);
Ensure publicity and organisational position statement are supplied to relevant
sites with up to date information on contact details; where necessary, inform relevant agencies of concerns over safeguarding issues as relevant to their role.
Employees
Ensure that all staff are aware of any children and vulnerable adults within their group or caseload;
Comply with policy and procedures;
Promote a safe learning environment;
Ensure all learners and employers are aware of the safeguarding policy;
TRAINING
Staff will attend regular training updates either internally or externally as deemed necessary by the DP;
Staff will keep a record of their CPD affecting safeguarding issues.
SUPPORT TO STAFF
It is recognised that some disclosures might be upsetting and harrowing for some staff. Bewellfit will offer appropriate support and assistance as necessary to staff involved with safeguarding issues.
RESPONSIBILITY FOR MONITORING THIS POLICY
Monitoring of this policy is by the Designated Person ( Zara Riseborough ). They will share best practice to the employees / Assessors.
If anyone has any queries or concerns, please contact Zara Riseborough bewellfit@gmx.com
Legislation covered in this policy:
Safeguarding vulnerably Groups Act 2006;
Children Act 1989 and 2004;
Education Act 2002;
Safeguarding children and safer recruitment in Education 2007;
Rehabilitation offenders Act 1974.
Additional guidance information sourced from:
No secrets;
Every child Matters;
ISA.
This policy will be reviewed December 2021. Any changes will be communicated to
all customers and employees.
WEBSITE PRIVACY POLICY
___________________________________________________________________
At Bewellfit Training & Education Limited we take your privacy very seriously and are committed to protecting your personal data
Please read this privacy policy as it contains important information about how your personal data will be used when you use our website.
IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this privacy notice
This privacy notice aims to give you information on how Bewellfit collects, stores and
processes your personal data through your use of this website, including any data you may provide through this website when you register with us, subscribe to our newsletter, sign up as a student for our student pages or send us an enquiry.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Controller
Bewellfit is the controller and responsible for your personal data (collectively referred
to as "Bewellfit ", "we", "us" or "our" in this privacy notice).
We have appointed a Data Protection Manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Protection Manager using the details set out below.
Contact details
Our full details are:
Full name of legal entity:Bewellfit
Name of Data Protection Manager: Zara Riseborough
Email address: bewellfit@gmx.com
Postal address: 2, Seaview Cottage, Main Road, Icklesham, Winchelsea, East Sussex TN36 4BE.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated in June 2018.
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
1 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together
follows:
•Identity Data includes first name, last name, username or similar identifier, marital status, title, date of
birth and gender.
•Contact Data includes billing address, delivery address, email address and telephone numbers.
•Financial Data includes bank account and payment card details.
•Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
•Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page.
•Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
•Usage Data includes information about how you use our website, products and services.
•Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
2 If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
•
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
•Send us an enquiry;
•apply for our products or services;
•complete our ‘Contact Us’ form;
•create an account on our website;
•subscribe to our service or publications;
•request marketing to be sent to you;
•enter a competition, promotion or survey; or
•give us some feedback.
•Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below for further details.
•Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
•Technical Data from analytics providers such as Google based outside the EU;
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and
fundamental rights do not override those interests.
3•Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity
Type of data
(a) Identity
(b) Contact
To process and deliver your order
(a) Identity including:
(b) Contact
(c) Manage payments, fees and Financial charges
(d) Transaction
(e) Collect and recover money owed
Marketing to us
Communications
To manage our relationship with you
(a) Identity which will include:
(b) Contact
(a) Notifying you about changes to
(c) Profile our terms or privacy policy
(d) Marketing
(e) Asking you to leave a review
Communications
To administer and protect our
(a) Identity business and this website
(b) Contact troubleshooting, data analysis,
(c) Technical testing, system maintenance, support, reporting and hosting of data. Lawful basis for processing including basis of legitimate interest.
Performance of a contract with you.
To register you as a new customer.
To be able to contact our Visitors and Users with general or personalized service-related notices
and promotional messages.
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information,
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing Communications
(f) Technical
4
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
(c) Performance of a contract with you
(d) Necessary to comply with a legal obligation
(e) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
(f) Performance of a contract with you
(g) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow and our business)
(h) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(i) Necessary to comply with a legal obligation.
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing and strategy)
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated which we may use to provide and improve our respective services;and relevant, to develop our business and to inform our marketing strategy).
To make suggestions and recommendations to you about goods or services that may be of
interest to you Necessary for our legitimate interests (to develop our products/services and grow our
business)
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
To provide our Users with ongoing
(a) Identity customer assistance and technical
(b) Contact support
(c) Technical
(d) Usage
(e) Profile
To continually monitor and improve (c) Technical the content and performance of our (d) Usage website;(e) Profile (a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers us our products/services, to develop them and grow our business)
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Marketing
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside the Bewellfit
Training & Education Limited group of companies for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transaction.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see the Cookie Policy below.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
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If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
•Internal Third Parties as set out below.
•External Third Parties as set out below.
•Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.
Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
INTERNATIONAL TRANSFERS
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
•We will only transfer your personal data to countries that have been deemed to provide an adequate
level of protection for personal data by the European Commission.
•Where we use certain service providers, we may use specific contracts approved by the European
Commission which give personal data the same protection it has in Europe.
•Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
COOKIE POLICY
Cookies are small pieces of data stored on a site visitor's browser, usually used to keep track of your movements and actions on a site. The cookies that we utilise on our Website are placed to fulfil such functions as allowing visitors to share content with a range of networking and sharing platforms.
DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
By law we have to keep basic information about our customers (including Contact, Identity, Financial andTransaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
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In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data:
•Request access to your personal data
Commonly known as a "data subject access request". This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
•Request correction of your personal data
This enables you to have any incomplete or inaccurate data we hold about you corrected, though we
may need to verify the accuracy of the new data you provide to us.
•Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
•Object to processing of your personal data. You have the right to object where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
•Request restriction of processing your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
•Request transfer of your personal data. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
•Right to withdraw consent. Where we are relying on consent to process your personal data you have the right to withdraw this. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please our Data Protection Manager, Zara Riseborough the details of whom are above.
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You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
GLOSSARY
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LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to
enable us to give you the best service/product and the best and most secure experience. We make
sure we consider and balance any potential impact on you (both positive and negative) and your
rights before we process your personal data for our legitimate interests. We do not use your
personal data for activities where our interests are overridden by the impact on you (unless we have
your consent or are otherwise required or permitted to by law). You can obtain further information
about how we assess our legitimate interests against any potential impact on you in respect of
specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a
contract to which you are a party or to take steps at your request before entering into such a
contract.
Comply with a legal or regulatory obligation means processing your personal data where it is
necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
External Third Parties
Service providers acting as processors based in the UK who provide IT and system administration
services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors
and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting
services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers
based in the United Kingdom who require reporting of processing activities in certain circumstances.