Our Terms & Privacy

Last Modified: Monday March 29 2021 11:38

Pensions

Jessamy Staffing is legally required to automatically enrol all eligible employees into our qualifying pension scheme.  If you are automatically enrolled, you have the right to opt out of the scheme.  If you become a member of the scheme, you will be required to pay individual contributions in accordance with the levels set at that time under the rules of the scheme.  These contributions will be collected and deducted directly from your salary each month.  We will also pay contributions into the scheme on a monthly basis, also in accordance with the level of contributions that are set at that time under the rules of the scheme.  Scheme members will receive further information of their rights and entitlements at the point of being automatically enrolled into the scheme.  There is an automatic three month postponement to join the pension scheme.

Disciplinary Rules

The disciplinary rules and procedures set out in the handbook are not contractual and Jessamy Staffing reserves the right to dispense in part or whole with the procedure during your first two years of employment.

Grievance Procedure

The grievance procedure applicable to your employment is set out in the Employee Handbook.

Deductions from Salary

During or after your employment you authorise the Jessamy Staffing to make deductions from wages/salary where appropriate; this includes but is not limited to:

  • Any overpayment of wages, salary or benefits previously made

  • Any loans or advances made to you

  • Initial uniform provided - £20

  • Practical Mandatory training(will be discussed with you prior to booking)

  • The cost of repairing any damage or loss to the Company property caused by you and any losses suffered by the Company as a result of any negligence or breach of duty by you

  • Instructions from the courts in relation to deductions from wages

  • The cost of any Jessamy Staffing property in your possession which you fail to return within the specified timescales

Such deductions will be undertaken following prior notification to you and will, where possible, be made at a reasonable rate. However, on the termination of employment, however occasioned, Jessamy Staffing shall be authorised to make deduction from the final payment of all or any sums outstanding.

Bribery

Jessamy Staffing has a strict anti-bribery and corruption policy in line with the Bribery Act (2010).  Full details are outlined in the Employee Handbook.  Any breaches of this policy may lead to disciplinary action, up to and including dismissal.

General Data Protection Regulations (GDPR)

Jessamy Staffing Solutions and any Associated Companies will process data relating to you for legal, personnel, administrative and management purposes and in particular to the processing of any special personal data relating to you as set out in the Privacy Notice in the Company Employee Handbook / Policies Procedures.  The personal data and special personal data will be held for at least six years after employment has ended and you have the right to inspect the data that the Company and any Associated Company holds both manually and electronically.


Collective Agreements

There are no collective agreements that govern or affect your employment.


Specific Restrictions and Covenants

  1. Secrecy of Jessamy Staffing Solutions trading as Jessamy Platinum Homecare and Clients’ Affairs

You will not, at any time during your employment or at any time after termination, for whatever reason, disclose to any person any Company information of a confidential nature relating to the Company or any clients of the Company.

  1. Involvement with Jessamy Staffing Solutions trading as Jessamy Platinum Homecare Clients

You shall not, without the express written agreement of the Company either during or for a period of six (6) months following the termination /cessation of the contract of employment for whatever reason and in any capacity deal, solicit or entice the custom of any person or Company who at any time during the period of two years preceding the termination/cessation of the contract of employment, has been a client of the Company and with whom you have had a course of dealings.

  1. Undertaking Private Professional or Other Work

You will not, during the continuance of your employment, be interested or concerned, (other than as a holder of stocks or shares in a Company listed on any recognised Stock Exchange) in any capacity or manner whatsoever, whether as a principal, employee or agent in any trade or business other than the Company without the written consent of the directors, which will not be unreasonably withheld.

  1. Involvement with Employees

You shall not, without the express written agreement of the Company for a period of six (6) months following the termination/cessation of the contract of employment for whatever reason either, solicit, entice or deal with any person who has been an employee, contractor or associate of the Company in the preceding twelve months immediately prior to the termination/cessation of the contract of employment.

Each of the clauses listed above are deemed to be independent and should any clause be judged to be unenforceable, then any such judgement will not make null and void or adversely affect the other clause(s).


Intellectual Property Rights

Any and all improvements, inventions and designs of whatever nature made or created by you during or in the course of your employment with the Company, shall be the property of the Company. You are required to provide such information and give such assistance; including signing any relevant documents necessary to transfer title in such invention or design to the Company, without any additional compensation to that provided for. The Company will further own the copyright in relation to any design or drawing undertaken at the request of the Company or during the course of your employment with the Company.  This clause does not affect your rights (in so far as they are not amended by this agreement) under the provisions of the Copyright, Designs and Patents Act 1988 as amended.

Severability

If any provision of this agreement should be held to be invalid it shall be deemed to be removed from this agreement. The remaining provisions shall however continue to have full force and effect.

Governing Law

This agreement shall be construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English, Scottish and Irish Courts.



Declaration

I have read and understood this written statement and agree that these terms and conditions form the basis of my contract of employment with Jessamy Staffing Solutions with Jessamy Platinum Homecare.

I understand that this written statement replaces and supersedes any previous documents issued to me.

 Signed for and on behalf of Jessamy Staffing Solutions trading as Jessamy Platinum Homecare

PVMEnagbonma
Date: March 2021

Employee Privacy Notice

Jessamy Staffing is committed to protecting the privacy and security of your personal information.

This privacy notice describes how we collect and use personal information about you during and after your working relationship with us, in accordance with the General Data Protection Regulations (GDPR).

It applies to all employees, workers and contractors 

What is the purpose of this document?

Jessamy Staffing has a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

This notice applies to current and former employees, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services. We may update this notice at any time.

Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:

  • Used lawfully, fairly and in a transparent way

  • Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes

  • Relevant to the purposes we have told you about and limited only to those purposes

  • Accurate and kept up to date

  • Kept only as long as necessary for the purposes we have told you about

  • Kept securely

The kind of information we hold 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).There are "special categories" of more sensitive personal data which require a higher level of protection.

We may collect, store, and use the following categories of personal information about you:

  • Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses

  • Date of birth

  • Gender

  • Marital status and dependants

  • Next of kin and emergency contact information

  • National Insurance number

  • Bank account details, payroll records and tax status information

  • Salary, annual leave, pension and benefits information

  • Start date

  • Location of employment or workplace

  • Copy of driving licence

  • Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).

  • Employment records (including job titles, work history, working hours, training records and professional memberships)

  • Performance information

  • Disciplinary and grievance information

  • CCTV footage and other information obtained through electronic means such as swipe card records.

  • Information about your use of our information and communications systems

  • Photographs

We may also collect, store and use the following "special categories" of more sensitive personal information:

  • Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions

  • Trade union membership

  • Information about your health, including any medical condition, health and sickness records

  • Genetic information and biometric data

  • Information about criminal convictions and offences

How is your personal information collected?

We typically collect personal information about employees, workers and contractors through the application and recruitment process, either directly from candidates or sometimes from an employment agency or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies.

How we will use information about you

We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:

  • Where we need to perform the contract we have entered into with you

  • Where we need to comply with a legal obligation

  • 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

We may also use your personal information in the following situations, which are likely to be rare:

  • Where we need to protect your interests (or someone else's interests)

  • Where it is needed in the public interest (or for official purposes)


Situations in which we will use your personal information

We need all the categories of information in the list above.  We will comply with data protection law.  This says that the personal information we hold about you must be:

  • Used lawfully, fairly and in a transparent way

  • Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes

  • Relevant to the purposes we have told you about and limited only to those purposes

  • Accurate and kept up to date

  • Kept only as long as necessary for the purposes we have told you about.

  • Kept securely

The kind of information we hold about you primarily allows us to perform our contract with you and to enable us to comply with legal obligations.  In some cases we may use your personal information to pursue legitimate interests of our own or those of third parties, provided your interests and fundamental rights do not override those interests. The situations in which we will process your personal information are listed below.

  • Making a decision about your recruitment or appointment

  • Determining the terms on which you work for us

  • Checking you are legally entitled to work in the UK

  • Paying you and, if you are an employee, deducting tax and National Insurance contributions.

  • Liaising with your pension provider

  • Administering the contract we have entered into with you

  • Business management and planning, including accounting and auditing

  • Conducting performance reviews, managing performance and determining performance requirements

  • Making decisions about salary reviews and compensation

  • Assessing qualifications for a particular job or task, including decisions about promotions

  • Gathering evidence for possible grievance or disciplinary hearings

  • Making decisions about your continued employment or engagement

  • Making arrangements for the termination of our working relationship

  • Education, training and development requirements

  • Dealing with legal disputes involving you, or other employees, workers and contractors, including accidents at work

  • Ascertaining your fitness to work

  • Managing sickness absence

  • Complying with health and safety obligations

  • To prevent fraud

  • To monitor your use of our information and communication systems to ensure compliance with our IT policies

  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution

  • To conduct data analytics studies to review and better understand employee retention and attrition rates

  • Equal opportunities monitoring


If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

Change of purpose

We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. We may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we use particularly sensitive personal information

"Special categories" of particularly sensitive personal information require higher levels of protection. We may process special categories of personal information in the following circumstances:

  • In limited circumstances, with your explicit written consent

  • Where we need to carry out our legal obligations and in line with our data protection policy

  • Where it is needed in the public interest, such as for equal opportunities monitoring [or in relation to our occupational pension scheme], and in line with our data protection policy

  • Where it is needed to assess your working capacity on health grounds, subject to appropriate confidentiality safeguards

Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else's interests) and you are not capable of giving your consent, or where you have already made the information public. We may also process such information about members or former members in the course of legitimate business activities with the appropriate safeguards.

Our obligations as an employer

We will use your particularly sensitive personal information in the following ways:

  • We will use information relating to leaves of absence, which may include sickness absence or family related leaves, to comply with employment and other laws

  • We will use information about your physical or mental health, or disability status, to ensure your health and safety in the workplace and to assess your fitness to work, to provide appropriate workplace adjustments, to monitor and manage sickness absence and to administer benefits

  • We will use information about your race or national or ethnic origin, religious, philosophical or moral beliefs, or your sexual life or sexual orientation, to ensure meaningful equal opportunity monitoring and reporting

Do we need your consent?

We do not need your consent if we use special categories of your personal information in accordance with our written policy to carry out our legal obligations or exercise specific rights in the field of employment law. In limited circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

Information about criminal convictions

We may only use information relating to criminal convictions where the law allows us to do so. This will usually be where such processing is necessary to carry out our obligations and provided we do so in line with our policy.  

Data sharing

We may have to share your data with third parties, including third-party service providers. We require third parties to respect the security of your data and to treat it in accordance with the law. We may share your personal information where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

"Third parties" includes third-party service providers. The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision and administration, IT services.

We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

Data security

We have put in place measures to protect the security of your information. Details of these measures are available upon request.

Data retention

We will only retain your personal information 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

Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us. Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it

  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected

  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below)

  • Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes

  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it

  • Request the transfer of your personal information to another party

No fee usually required

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

Right to withdraw consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact your line manager.  Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact the office.