Conditions of business for Complete Transport Solutions Ltd
Account: means a Customer account registered with the Carrier containing Customer-specific information, including but not limited to a Customer’s name, contact information, payment card details and Booking history.
Account Booking: means a Booking made by a Customer with an Account.
App: means the mobile application that can be used by Customers to place Bookings with the Carrier.
Booking: means a booking for the carriage of a Consignment placed by a Customer with the Carrier via telephone, email, on-line or the App.
Carrier: means Complete Transport Solutions Ltd
CMR Convention: means the United Nations’ Convention on the Contract for the International Carriage of Goods by Road.
Conditions: means these conditions of carriage, which shall apply to the contract of carriage between the Customer and the Carrier.
Consignee: means the person to whom the Carrier delivers the Consignment.
Consignment: means goods or property, whether or not contained in separate parcels, packages, containers or envelopes including any paper and documents, to be delivered by the Carrier for the Customer to the Consignee.
Customer: means the legal or natural person who contracts for the services of the Carrier.
Dangerous Goods: means dangerous goods as defined in the Carriage of Dangerous Goods by Road Regulations 1996 (as amended, re-enacted or extended from time to time).
Goods Excluded For Carriage: means goods which may be carried by the Carrier pursuant to clause 3.9 which shall include, without limitation, precious stones, precious metals, watches, jewellery, glass, furs, china, art, antiques, fragile and perishable goods, money, vouchers, travellers cheques, bearer bonds, bills of exchange, bank, credit, pre-pay or other store cards with a cash equivalent value, and any other goods which the Carrier may from time to time designate as non-acceptable.
Cash Booking: means a Booking made by a Customer without an Account.
Online: means Bookings and Booking enquiries made by the Customer Online via the Website.
Prohibited Items: shall have the meaning ascribed to it in clause 3.9.
Website: means the Carrier’s website located at www.transportsolutions.uk.com
Working Day: means any day other than a Saturday or Sunday or a public or bank holiday in England.
2.1 The Carrier provides an all-inclusive Consignment service to the Customer, which can include but is not limited to the carriage of Consignments, a booking service, account management support, tracking of deliveries, reporting of deliveries, as agreed between the Carrier and its Customer from time to time. The Customer acknowledges that for the carriage element of its service, the Carrier will engage an employee, agent or subcontractor.
2.2 The Carrier is not a common carrier and accepts at its sole discretion the carriage of Consignments subject only to these Conditions. Subject to clause 2.6 Conditions shall apply to the exclusion of any other terms and conditions (including those of the Customer) unless agreed in writing by a Director of the Carrier. Subject always to no employee, agent or subcontractor of the Carrier is authorised to alter or vary these Conditions.
2.3 The Customer acknowledges and agrees that the Conditions excluding or restricting any liability of the Carrier are reasonable having regard to the existence of alternatives and other carriers available to it.
2.4 The Customer warrants that it has full power and authority to enter into and perform its obligations under these Conditions.
2.5 The Carrier reserves the right to withdraw the Website and the facility to place Bookings Online or via the App without prior notice and also to refuse to accept and/or perform any orders placed thereon.
2.6 The Carrier and Customer acknowledge and agree that the CMR Convention and the standardised terms and conditions set out in the CMR Convention shall, to the exclusion of these Conditions, govern as matter of law any carriage by the Carrier of a Consignment by road, where the points of collection and delivery of the Consignment are located in different countries, of which at least one is a signatory to the CMR Convention.
3.1 Each Booking by the Customer with the Carrier shall be submitted by the Customer to the Carrier via telephone, email, on-line or the App.
3.2 The Carrier shall provide the Customer with a quotation for the carriage of the Consignment in question and such quotation shall be valid for a period of 7 days or such other period as the Carrier may specify. The Carrier shall provide written quotations to the Customer upon request. All Bookings are subject to acceptance by the Carrier and the Carrier reserves the right to refuse to accept any Bookings. All Bookings are subject to and governed by these Conditions shall be deemed to be a separate and independent contract and the Carrier reserves the right to amend any Booking at any time upon notice to the Customer.
3.3 The contract between the Customer and Carrier in respect of a Booking (the “Contract”) will be formed when the Carrier confirms receipt of that Booking. Customers should note that their Booking will not have been accepted by the Carrier until the time of such confirmation.
3.4 Additional charges (including, without limitation, time charges for waiting, cancellation and/or loading) may be imposed by the Carrier. If the Carrier is prevented from performing its obligations under these Conditions by reason of the acts and/or omissions of the Customer.
3.5 Unless agreed otherwise by the Director of the Carrier, the Consignment shall only be delivered to the address specified by the Customer at the time of Booking and the Carrier reserves its right to vary its charges by written notice to the Customer following any variation of the delivery address by the Customer.
3.6 All quotations for the Carrier’s charges are calculated in accordance with the length of the journey for the shipment, the dimensions and gross weight of the Consignment and the type of Consignment service specified in the Booking. The Carrier offers a range of Consignment services including, without limitation, same day, overnight and international deliveries.
3.7 If the Customer requires additional services over and above the Carrier’s standard carriage of Consignments, the Customer should contact the Carrier to discuss.
3.8 All Dangerous Goods must be disclosed by the Customer in advance and unless otherwise agreed, the Carrier will not accept or carry Dangerous Goods. Where the Carrier accepts Dangerous Goods for carriage they must be classified packed and labelled in accordance with any applicable statutory regulation for the carriage of such Dangerous Goods and with any specific instructions of the Carrier which shall be set out in a separate written agreement entered into between the Carrier and the Customer. The Customer shall further provide such information, document or declaration as may be necessary to enable the carriage of such Dangerous Goods by the Carrier under that separate written agreement.
Goods Excluded For Carriage
3.9 If the proposed Consignment contains Goods Excluded for Carriage, the Customer must notify the Carrier at the time of Booking as to the content and value of such Consignment of Excluded Goods and the Carrier may (in its sole discretion) elect to carry such Excluded Goods. The Carrier shall not be liable to the Customer for any loss, however caused, unless the Carrier has agreed in writing to the Customer to accept such liability. The Carrier reserves the right to charge the Customer an additional sum for the carriage of the Consignment of Excluded Goods and will inform the Customer of such sum prior to accepting the Booking. If the Customer fails to so inform the Carrier in accordance with this clause 3.8and 3.9, such Consignment will be delivered solely at the Customer's risk and the Customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the delivery of the Consignment comprising such Goods Excluded for Carriagein whole or in part.
3.10 Unless the Carrier has agreed otherwise in advance in writing specifying any additional terms, charges and limitations on liability which shall apply, the Customer shall not submit for carriage (and the Carrier may without any liability whatsoever reject such carriage at any time upon notice to the Customer) any Consignment which contains firearms, munitions, inflammable items or other explosives, livestock or other animals, human remains, any obscene, defamatory, blasphemous, scandalous or other indecent material, any item (including, without limitation, drugs or other illegal substances) which is prohibited or illegal to possess or import into any country through or into which the carriage of the Consignment is to take place (the “Prohibited Items”). If the Customer submits Prohibited Items as a Consignment (and regardless of whether or not the Carrier has agreed to carry such Consignment), the Customer shall indemnify and keep the Carrier indemnified against any and all losses, damages, claims, liabilities, costs and expenses (including, without limitation, legal costs and expenses) suffered or incurred by the Carrier arising out of, or in connection with, the carriage of the Consignment comprising such Prohibited Items in whole or in part.
4.1 The Customer shall ensure that the Consignment is secure, properly packed and labelled in accordance with good practice and any applicable statutory requirements and is fit and safe to be carried, stored and transported by road, air, rail or sea as may be appropriate.
4.2 The Carrier will use all reasonable efforts to collect and deliver the Consignment within the times specified for collection and delivery by the Carrier when confirming a Booking but unless otherwise agreed these are estimates only.
4.3 Unless the Carrier has otherwise agreed in writing with the Customer:
4.3.1 the Carrier shall not be required to provide any labour or special equipment for loading or unloading the Consignment, other than that carried by the vehicle used by the Carrier, unless agreed by the Carrier prior to the booking in writing.
4.4 The Carrier shall under no circumstances be liable to the Customer for any loss of or damage to: 4.4.1the Consignment; or 4.4.2any property of the Customer in connection with or arising out of: 4.4.3the Carrier’s use of any special equipment in the loading or unloading of the Consignment (other than that carried by the vehicle used by the Carrier); 4.4.4the Carrier’s entry onto/into the premises of the Customer or Consignee in the course of collecting or delivering the Consignment; or 4.4.5the Carrier otherwise providing to the Customer (whether for the benefit of the Customer or the Consignee) any services (whether or not the Customer and/or the Consignee assist in such provision) that are beyond the scope of the services that would usually and reasonably be expected of a point-to-point courier
5.1 Transit commences when the Carrier takes possession of the Consignment, whether at the Carrier’s premises or at some other point of collection.
5.2 Transit by the Carrier shall (unless otherwise agreed) end when the Consignment is tendered at the Consignee’s address provided at the time of Booking by the Customer.
5.3 Where a Consignment cannot be delivered (for whatever reason) or is held by the Carrier to await order or further instructions and such instructions are not given or the Consignment is not collected within 24 hours of notice being given to the Customer or such other time as the Carrier may nominate, then transit shall be deemed to end at the expiry of such time.
5.4 The Carrier shall be entitled to recover its charges in full for any delivery, which is unsuccessful due to incorrect or inadequate information provided by the Customer and in addition recover any expenses or losses it suffered or incurred in attempting to effect delivery.
5.5 The Customer understands and accepts that the Carrier shall be entitled to open and examine any Consignment that the Carrier reasonably considers to be a security or health and safety risk to the Carrier and to take, at its sole discretion, such appropriate action thereafter.
- UNDELIVERED OR UNCLAIMED GOODS
Where the Carrier is unable to affect delivery as requested by the Customer when making a Booking, or where transit has come to an end, the Carrier shall use its reasonable endeavours to notify the Customer and the Consignee of any undelivered or unclaimed Consignment. Unless the Consignment is collected from the Carrier by the Customer, or instructions are given for the disposal, onward carriage or return to the Customer of the Consignment, within 7 days of such notice being given (or such other time as the Carrier may nominate), title to the Consignment shall transfer to the Carrier and the Carrier may destroy or sell the Consignment as if it were the absolute owner. Where a Consignment is returned to the Customer by the Carrier or a Customer arranges for the onward carriage and delivery of the Consignment by the Carrier (excluding any return to the Customer), that return or onward carriage (as the case may be) shall be at the Customer’s sole cost and expense and shall be charged to the Customer at the Carrier’s standard rates from time to time in force.
7.1 Subject always to the provisions of this clause 8, the Carrier and Customer shall each be entitled to cancel a Booking and terminate the Contract at any time for any reason with immediate effect by notice to the other.
7.2 In the event of cancellation of any Booking for a Consignment by the Customer, and the Carrier has already collected and departed, the Carrier may charge a minimum cancellation fee for time and effort incurred by the Carrier in connection with that Booking.
7.3 Payments terms are 30 days from date of invoice, and any variation to these terms are to be agreed in writing by ONLY the Director of the Carrier.
7.4 The Carrier’s charges shall be based on its tariff in effect at the time of carriage of the Consignment and unless payment is made by, invoice(s) or credit card, shall be rendered by the Carrier to the Customer at least twice a month. Credit facilities granted to a Customer may be withdrawn at the Carrier’s absolute discretion at any time and the balance outstanding shall become due immediately on demand.
7.5 If at the time of Booking the Customer pays for a Consignment by credit card, the amount quoted by the Carrier to the Customer at the time of Booking will be charged to the Customer’s credit/debit card on acceptance of the Booking. In the event that any additional charge(s) are imposed by the Carrier pursuant to clause 3.4above, the Customer hereby authorises the Carrier to charge such additional charge(s) to the Customer’s credit card.
7.6 The Carrier reserves the right on 30 days written notice to increase charges to its tariff. The Carrier reserves the right to vary its tariff, because of any change in business or regulation or any increase in the cost of providing any services, by giving the Customer not less than 30 days’ written notice.
7.7 The Carrier shall be entitled to charge interest (both before and after judgment) on the amount unpaid at the rate of 4% above the base rate of the Bank of England from time to time until payment is made in full. When payment is not made by the due date, the Customer shall indemnify the Carrier for any costs and/or expenses it may suffer or incur in recovering the sum due, including reasonable legal fees and costs of collection.
7.8 Any queries in respect of an invoice must be made in writing within 7 days of the date of the invoice otherwise it will be deemed to have been accepted and will be payable in full by the Customer.
7.9 All charges quoted and charged are exclusive of value added tax and all other duties or taxes which may become due or payable from time to time and shall be added to invoices at the rate applicable at the date of invoice.
7.9.1 The Carrier operates an electronic invoicing system. All invoices, credit notes and statements will be sent to the Customer electronically.
- LIMITATION OF LIABILITY
8.1 Notwithstanding any other clause of these Conditions, neither party excludes or limits liability for personal injury or death arising from the negligence or wilful default of either both parties, its servants, dealers or sub-contractors; or for any fraudulent misrepresentation.
8.2 Except as expressly provided in these Conditions, the total liability of the Carrier which arises out of or under these Conditions (whether in contract, tort, statute or otherwise) in respect of any contract arising from a Booking.
8.3 The Carrier shall not be liable to the Customer, whether in contract, tort or by statute, or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage suffered by the Customer howsoever caused including, without limitation:
8.3.1 loss due to delay in delivery; and/or - 8.3.2 loss of anticipated savings; and/or
8.3.3 loss of business and/or goods; and/or - 8.3.4 loss of goodwill; and/or
8.3.5 loss of use; and/or - 8.3.6 loss of data or other information; and/or - 8.3.7 loss relating to the procurement by the Customer of any substitution of goods or services.
The types of loss and/or damage specified in clauses 8.3.1 to 8.3.7 shall not constitute direct loss for the purpose of these Conditions.
Consignment Values and Liability
8.4 The Customer shall notify the Carrier at the time of Booking of the value of the Consignment in accordance with the notification requirements set out as follow; Consignment of the value of up to £100; declaration is not required at the time of making the Booking and liability is up to the maximum amount of £100. For Consignment over £100 the Customer is required to declare the value at the time of making the Booking, and the Customer is required to pay the additional fees necessary to avoid not having the Consignment covered for the liability of up to the maximum amount of £5000. On all claims the Carrier will require the Customer to provide the original receipt of purchase of the Consignment to determine the liability of the minimum or the maximum.
Exclusions on Carrier’s Liability
8.5 The Carrier shall not be held responsible for any event beyond the reasonable control of the Carrier, which prevents it from performing its obligations under the relevant contract including, but not limited to:
8.5.1 acts, omissions or misrepresentations by the Customer, owner of the Consignment, Consignee or independent contractor or any failure of the foregoing to package and/or label the Consignment correctly pursuant to clause 4.1. The Customer acknowledges and agrees that in such circumstances the Carrier shall not be liable for any loss of or damage to the Consignment that arises out of or in connection with a failure to package and/or label it correctly;
8.5.2 natural deterioration or fragility of the Consignment (notwithstanding that it may be marked “Fragile”);
8.5.3 any unforeseen circumstances or causes beyond the Carrier’s reasonable control, including but not limited to, act of God, war, riot, malicious damage, compliance with any law or government emergency procedure, accident, fire, flood, storm or industrial dispute, insufficient or improper packing, labelling or addressing, unless it is previously agreed in writing that the Carrier shall perform such task.
- WEBSITE AND APP
9.1 The information provided on the Website and/or the App has not been written to meet specific Customer requirements and it is the sole responsibility of the Customer to satisfy itself that any Booking made Online or via the App will be suitable for its requirements. All express or implied warranties in relation to the Website and/or the App are hereby excluded to the fullest extent permitted by law.
9.2 Whilst the Carrier makes all reasonable attempts to exclude viruses from the Website and/or the App, it cannot ensure that the Website or the App will be virus free. The Customer acknowledges and agrees that any use of the Website or App by the Customer shall be at its own risk.
9.3 Customers have no rights in or to the Website or the App and all rights in and to the Website and the App, including any underlying software and computer codes, are exclusively owned by the Carrier or licensed to the Carrier by a third party supplier.
9.4 The Website and App are intended for use by the residents in Great Britain only and only in respect of their activities within Great Britain.
- TIME LIMITS FOR CLAIMS
The Carrier shall not be liable for loss of, mis-delivery or damage to any Consignment unless the Customer notifies the Carrier in writing within 7 days of the end of the transit with a copy of the original receipt of purchase to determine the value of the Consignment. Failure in doing so may result in your claim being rejected. Refer to clause 8. A claim for loss or damage will not be accepted just on the consignment note.
- INDEMNITY TO THE CARRIER
11.1 the Customer shall indemnify the Carrier against:
11.2 all losses suffered by the Carrier (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to the carrying vehicle and to other goods carried) as a result of any breach by the Customer of these Conditions, fraud, error, omission, or misrepresentation by the Customer, owner of the Consignment or Consignee;
11.3 all claims and demands made against the Carrier by any third party in excess of the liability of the Carrier under these Conditions;
11.4 all losses suffered by and claims made against the Carrier resulting from loss of or damage to property caused by or arising out of the carriage of Dangerous Goods, Excluded Goods and/or the Prohibited Items;
11.5 all claims made upon the Carrier by HM Revenue & Customs in respect of dutiable goods consigned in bond whether or not transit has ended or been suspended;
11.4 all claims and demands made against the Carrier as a result of a breach of clause.
- OTHER IMPORTANT PROVISIONS
12.1 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions save for those parties to whom the Carrier has subcontracted its obligations under these Conditions, who shall have the right to exercise and enforce all rights granted to the Carrier under them. This clause 12.1does not affect any right or remedy of a third party which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.
12.2 The Carrier undertakes to comply with any and all provisions of the Data Protection Act 1998 as applicable.
12.3 The payment terms and charges paid to the Carrier are confidential, and the Customer shall take all reasonable steps to ensure that such terms remain confidential.
12.4 Carrier shall be entitled to subcontract in whole or in part the performance of any or all of its obligations under these Conditions. The Customer shall not assign, novate, subcontract or otherwise dispose of, or deal with, any or all of its rights and obligations under these Conditions without the prior written consent of the Carrier.
12.5 The waiver of either party of any breach of these Conditions will not prevent the subsequent enforcement of that term and will not be deemed a waiver of any subsequent breach.
12.6 These Conditions and the documents referred to in them, including but not limited the confirmation referred to in clause 3.3, constitute the entire agreement between the Carrier and Customer and supersede all prior agreements, representations and understandings relating to the subject matter of the Contract. The Customer represents and undertakes that in entering into a Contract in accordance with these Conditions the Customer does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person other than as expressly set out in these Conditions. Nothing in these Conditions shall limit either party’s liability in respect of fraudulent misrepresentation.
12.7 These Conditions (and any non-contractual claims) shall be subject to and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
Equal Opportunities Policy
Purpose and scope
The purpose of this Equal Opportunities Policy is to communicate our commitment to equality of opportunity in employment, with the aims of ensuring that all employees and job applicants are treated fairly and equally and supporting the Company’s objective of providing a working environment that is free from all forms of discrimination.
The policy applies to all staff within the Company, including employees and other workers, such as agency workers, temporary workers and contractors. All staff are expected to put this policy into practice.
A copy of this policy will be distributed to all employees and can also be found on the staff notice-board and will be made available to other workers on their engagement. Job seekers and applicants can access the policy via the Company’s website and will be sent a copy of the policy on request. In addition, all employees will receive briefing on this policy and the induction process for new employees includes a briefing on this policy.
Any questions about the policy should be directed to your line manager.
This policy does not form part of employees’ contracts of employment and the Company may amend it at any time.
The policy is regularly reviewed and may be amended at any time.
The Company is fully committed to providing equality in the workplace and all opportunities for, and during employment, will be afforded to individuals fairly and irrespective of age, disability, gender, gender reassignment, marital or civil partnership status, pregnancy or maternity, race including colour, ethnic or national origins and nationality, religion or belief or sexual orientation (“the protected characteristics”). We aim to create a working environment that is free from discrimination and harassment in any form, in which all staff, customers and suppliers are treated with dignity and respect.
The Company will not unlawfully discriminate in the arrangements we make for recruitment and selection or in the opportunities afforded for employment, training or any other benefit. All decisions will be made fairly and objectively. We aim, as far as reasonably practicable, to ensure that all our working practices are applied fairly and consistently and, where necessary, we will take reasonable steps to avoid or overcome any particular disadvantage these may cause and to promote equality.
The Company respects an individual’s right to choose whether or not to belong to a trade union and membership status will have no bearing on an applicant’s suitability for employment or result in any detrimental treatment when working for the Company.
The Company has overall responsibility for the effective operation of this policy and for ensuring compliance with the Equality Act 2010 and associated legislation and for observing relevant Codes of Practice.
The HR Department is responsible for monitoring and reviewing the policy and for ensuring that all employment-related policies, procedures and practices adhere to this policy.
All staff have a responsibility not to discriminate or harass other staff, clients, customers and suppliers and to report any such behaviour of which they become aware to their Manager/Supervisor/the HR Manager.
Managers/supervisors are responsible for implementing the Equal Opportunities Policy and must apply the policy as part of their day-to-day management of the Company. All Managers/supervisors will receive specific training in this policy.
Forms of discrimination
The following are forms of discrimination that this policy aims to avoid:
Direct Discrimination occurs when a person is treated less favourably because of a protected characteristic that they either have or are thought to have. Direct discrimination can also occur by way of association, which is when a person is treated less favourably because, for example, their spouse or partner or other relative has the protected characteristic.
Indirect Discrimination occurs when a provision, criterion or practice is applied equally to everyone, but has a disproportionately adverse effect on people who share a particular protected characteristic. A person with the protected characteristic who is disadvantaged in that way has the right to complain.
To be justified the provision, criterion, or practice must be necessary for legitimate business reasons in circumstances where less discriminatory alternatives are not reasonably available.
Victimisation occurs where someone is treated unfavourably because he/she has raised a complaint under this policy or taken legal action, in relation to any alleged act of unlawful discrimination, against the Company or because he/she has supported someone else in doing this.
Harassment is unwanted conduct that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Harassment can take many different forms and may involve inappropriate actions, behaviour, comments, emails or physical contact that causes offence or are objectionable.
Harassment may involve a single incident or persistent behaviour that extends over a period of time and can occur even if someone did not mean to cause offence. It also means that a person can be subjected to harassment by behaviour that is not aimed at them directly but which they nonetheless find unpleasant.
Harassment is always unacceptable and where it relates to a protected characteristic it will amount to an unlawful act of discrimination.
Discrimination arising from Disability - In addition to the above, it is unlawful to treat a person unfavourably because of something that is the result, effect or outcome of their disability, unless the treatment is necessary and can be objectively justified. Furthermore, employers have a duty to make reasonable adjustments to ensure that disabled applicants, employees or other workers are not substantially disadvantaged.
Creating equal opportunities in the workplace
There are a number of ways in which the Company aims to ensure equal opportunities in the workplace, including:
Recruitment and selection
Recruitment and selection procedures will be free from bias or discrimination. Recruitment procedures will be conducted objectively and will be based upon specific and reasonable job-related criteria. Decisions regarding an individual’s suitability for a particular role will be based on aptitude and ability.
We will consider making appropriate reasonable adjustments to the recruitment process to ensure that disabled applicants are not substantially disadvantaged.
Wherever possible, vacancies will be advertised as being suitable for flexible working, to encourage applications from individuals seeking work on a part time or job share basis
The Company will consider taking appropriate positive action to enable or encourage applications from persons with a protected characteristic that is under represented in the organisation.
Career development and training
All staff will be given an appropriate induction to enable them to fulfil the responsibilities of their role.
All employees will be encouraged to develop their full potential and we will not unreasonably deny an employee access to training or other career development opportunities. These will be determined objectively, taking into account the needs of the business and available resources.
Selection for promotion will be based on objective criteria and decisions will be made on the basis of merit.
Terms and conditions
Our terms and conditions of service will be applied fairly and benefits and facilities will be made available to all staff who should have access to them, as appropriate. The Company operates a pay and benefits system that is transparent, based on objective criteria and free from bias to ensure that all employees are rewarded fairly for their contribution and loyalty.
Employment policies and practices
The Company aims to ensure that employment policies and practices, including any rules or requirements, do not directly or indirectly discriminate and are applied in a non-discriminatory manner. In particular we will ensure that all disciplinary decisions are fair and consistent and that selection for redundancy is based on objective criteria.
The Company will consider making appropriate reasonable adjustments to the working environment or any work arrangements that would alleviate any substantial disadvantage these cause disabled staff.
We will aim as far as reasonably practicable to accommodate the requirements of different religions and cultures and will consider requests from employees to vary or change their working hours to enable them to care for a dependant.
All individuals have a right to be treated with dignity and respect and the Company takes reasonable steps to protect staff from discrimination, bullying or harassment and, in the event of a complaint, we will take appropriate action to prevent, as far as possible, a further occurrence.
All staff are encouraged to report any incidents of inappropriate or unacceptable behaviour at work or that occurs during the course of employment, on or off premises, including at work social events (whether organised by the Company or not) or at formal or informal events involving staff, customers or other work-related contacts.
Equal Opportunities Monitoring
The Company will monitor the effectiveness of this policy to ensure it is achieving its objectives. Information collected for monitoring purposes will be treated as confidential and will not be used for any other purpose.
Raising a complaint of discrimination
If you believe you have been discriminated against, you should raise the matter in accordance with the Company’s Grievance Procedure. If you believe that you may have been subject to harassment you are encouraged to raise the matter under the Company’s Harassment Policy.
Any employee who is found to have committed an act of discrimination, or breached this policy in any other way, will be subject to action under the Disciplinary Procedure, up to and including dismissal. Non–employees will be subject to appropriate formal action that may, depending on the circumstances, involve terminating any contract or agreement.
The Company will also take seriously any malicious or, in its opinion, unwarranted allegations of discrimination and will take appropriate action, disciplinary or otherwise, where necessary.
Health & Safety Policy
The management of Complete Transport Solutions Ltd looks upon the health and safety measures as a mutual objective for themselves and their employees. It also acknowledges its obligations under the Health and Safety at Work Act 1974 and the Management of Health and Safety Regulations 1999.
It is the policy of Complete Transport Solutions Ltd to do everything, so far as is reasonably practicable, to prevent personal injury and damage to property and to protect everyone, including the public, in so far as they come into contact with the company or its activities, from any foreseeable hazard and danger.
Statement of Complete Transport Solutions
Health and Safety Policy
General Statement of Policy, Duties & Responsibilities
1.1 Policy Statement
The Complete Transport Solutions recognises and accepts its health and safety duties for providing a safe and healthy working environment (as far as is reasonably practicable) for all its workers (paid or volunteer) and other visitors to its premises under the Health and Safety at Work Act 1974, the Fire Precautions (Workplace) Regulations 1997, the Management of Health and Safety at Work Regulations 1999, other relevant legislation and common law duties of care.
Throughout this Statement, terms such as “staff”, “workers”, “employees”, include both paid and volunteer workers.
It is the policy of the Complete Transport Solutions to promote the health and safety of the staff and of all visitors to the Groups/Organisation’s premises (“the Premises”) and to that intent to:
- Take all reasonably practicable steps to safeguard the health, safety and welfare of all personnel on the premises;
- Provide adequate working conditions with proper facilities to safeguard the health and safety of personnel and to ensure that any work which is undertaken produces no unnecessary risk to health or safety;
- Encourage persons on the premises to co-operate with the Organisation in all safety matter, in the identification of hazards which may exist and in the reporting of any condition which may appear dangerous or unsatisfactory;
- Ensure the provision and maintenance of plant, equipment and systems of work that are safe;
- Maintain safe arrangements for the use, handling, storage and transport of articles and substances;
- Provide sufficient information, instruction, training and supervision to enable everyone to avoid hazards and contribute to their own safety and health;
- Provide specific information, instruction, training and supervision to personnel who have particular health and safety responsibilities (eg a person appointed as a Health and Safety Officer or Representative);
- Make, as reasonably practicable, safe arrangements for protection against any risk to health and safety of the general public or other persons that may arise for the Groups/Organisation’s activities;
- Make suitable and sufficient assessment of the risks to the health and safety of employees and of persons not in the employment of the Complete Transport Solutions arising out of or in connection with the Complete Transport Solutions activities;
- Make specific assessment of risks in respect of new or expectant mothers and young people under the age of eighteen;
- Provide information to other employers of any risks to which those employer’s workers on the Organisation’s premises may be exposed.
This policy statement and/or the procedures for its implementation may be altered at any time by the Complete Transport solutions Management Committee (“the Committee”). The statement and the procedures are to be reviewed each year by the management.
1.2 Statutory Duty of the Complete Transport Solutions
The Complete Transport solutions will comply with its duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of its workers and of visitors to its premises and, in general, to:
- Make workplaces safe and without risks to health;
- Ensure plant and machinery are safe and that safe systems of work are set and followed;
- Ensure articles and substances are moved, stored and used safely;
- Give volunteers/ workers the information, instruction, training and supervision necessary for their health and safety.
In particular, the Complete Transport Solutions will:
- Assess the risks to health and safety of its volunteers/workers;
- Make arrangements for implementing the health and safety measures identified as necessary by this assessment;
- Record the significant findings of the risk assessment and the arrangements for health and safety measures;
- Draw up a health and safety policy statement; including the health and safety organisation and arrangements in force, and bring it to the attention of its workers;
- Appoint someone competent to assist with health and safety responsibilities;
- Set up emergency procedures;
- Provide adequate First Aid facilities;
- Make sure that the workplace satisfies health, safety and welfare requirements, eg for ventilation, temperature, lighting and for sanitary, washing and rest facilities;
- Make sure that work equipment is suitable for its intended use as far as health and safety is concerned, and that it is properly maintained and used;
- Prevent or adequately control exposure to substances that may damage health;
- Take precautions against danger form flammable or explosive hazards, electrical equipment, noise or radiation;
- Avoid hazardous manual handling operations and, where they cannot be avoided, reduce the risk of injury;
- Provide health surveillance as appropriate;
- Provide free any protective clothing or equipment, where risks are not adequately controlled by other means;
- Ensure that appropriate safety signs are provided and maintained;
- Report certain injuries, diseases and dangerous occurrences to the appropriate health and safety enforcing authority.
1.3 Statutory Duty of the Complete Transport solutions Workers
Employees also have legal duties, and the Complete Transport solutions confidently requests non-employed (voluntary) workers also to observe these. They include the following:
- To take reasonable care for their own health and safety, and that of other persons who may be affected by what they do or do not do;
- To co-operate with the Complete Transport solutions on health and safety;
- To use work items provided by the Complete Transport solutions correctly, including personal protective equipment, in accordance with training or instructions;
- Not to interfere with or misuse anything provided for health, safety and welfare purposes;
- To report at the earliest opportunity injuries, accidents or dangerous occurrences at work, including those involving the public and participants in activities organised by the Complete Transport solutions;
1.4 Policy for Visitors and Contractors
On arrival all visitors should be directed to the duty representative of user of the building. This person is to take responsibility for the visitor and assist in their evacuation from the building during an emergency or arrange help in the event of an accident.
On arrival, all visitors, including contractors and/or their workers, must sign a record of the date and time of their arrival and, before leaving, should further record their time of departure.
Contractors working in the building should report any concerns relating to their own safety or suspected unsafe working practices to the Management Representative who will investigate and report to the Complete Transport solutions.
Organisation of Health and Safety
2.1 Health and Safety Rules
All workers must exercise ordinary care to avoid accidents in their activities at work and comply with the following general rules and with any further rules which the Complete Transport Solutions may publish from time to time.
Accident Forms and Book
The book must be kept in a locked drawer once completed.
Any injury suffered by a worker or visitor in the course of employment or otherwise on the Complete Transport Solutions premises, however slight, must be recorded, together with such other particulars as are required by statutory regulations, on an accident form maintained by the Organisation.
All personnel must familiarise themselves with fire escape routes and procedures and follow the directions of Complete Transport solutions in relation to fire.
Equipment and Appliances
No equipment or appliance may be used other than as provided by or specifically authorised by or on behalf of the Complete Transport solutions and any directions for the use of such must be followed precisely.
Corridors and doorways must be kept free of obstructions and properly lit.
Defective equipment, furniture and structures must be reported as such without delay.
Hygiene and Waste Disposal
Facilities for the disposal of waste materials must be kept in a clean and hygienic condition. Waste must be disposed of in an appropriate manner and in accordance with any special instructions relating to the material concerned.
When handling or preparing food there are specific hygiene requirements:
- Regularly wash hands before and during food preparation and especially after using the lavatory;
- Tell your supervisor of any skin, nose, throat, or bowel problem;
- Ensure cuts or sores are covered with correct waterproof dressings;
- Keep yourself clean and wear clean clothing;
- Remember that smoking in a food room is illegal;
- Never cough or sneeze over food;
- Clean as you go. Keep all equipment and surfaces clean;
- Prepare raw and cooked food in separate areas. Keep perishable food covered and either refrigerated (less than 8”C) or piping hot (above 63”C);
- Ensure waste food is disposed of properly. Keep the lid on rubbish bin and wash your hands after putting waste in it;
- Avoid handling food as far as possible;
- Tell your supervisor of any defects or concerns regarding the facilities – eg uncleanness, refrigeration malfunction, cracked food preparation surfaces.
Display Screen Equipment
The Complete Transport solutions recognises its responsibility to ensure the well-being of workers who habitually use display screen equipment for a significant part of their normal work. Volunteers/Workers are advised to ensure that they take a five-minute break from the display screen equipment at least once an hour and are advised that, if they experience vision defects or other discomfort that they believe may be wholly or in part a consequence of their use of such equipment, they have the right to an eye-test at the Organisation’s expense.
Alcohol, Drugs and Tobacco
Smoking within the premises and the use of Drugs (except under medical supervision) on the premises are prohibited at all times. The use of intoxicants (alcohol) is prohibited during working hours, and no employee/volunteer may undertake his/her duties if under the influence of alcohol or drugs (except under medical supervision)
Arrangement and Procedures
The Health and Safety Officer, nominated by the Management, is responsible for ensuring that the safety policy is carried out and that responsibilities for safety, health and welfare are properly assigned and accepted at all levels. His/her details and contact number will be displayed in the Notice board.
3.1 First Aid and Accident Reporting
3.2 Fire Drills and Evacuation Procedures
3.1.1 First Aid
- The current First Aider(s) for the premises is displayed (on the Notice Board in the Reception Area).
- First Aid Boxes are provided in the following location:
- In the event of an injury or illness, call for a member of staff or ring for an ambulance directly. To call an ambulance – dial 999 and ask for “ambulance”;
- All accidents must be reported to the Health and Safety Officer or another member of staff on duty immediately or as soon as practicable;
- All accidents must be entered on an accident form, available from the reception desk. The procedures for “notifiable” accidents as shown in Appendix A below must be followed;
- The Health and Safety Officer will investigate incidents and accidents, writing a detailed report for the Management to consider the actions necessary to prevent recurrence.
3.3 Fire Drills and Evacuation Procedures
3.2.1 Fire Drills
- All workers and volunteers must know the fire procedures, position of fire appliances and escape routes.
- The fire alarm points, fire exits, and emergency lighting system will be tested by The Fire Officer/Health and Safety Officer during the first week of each month and entered in the log book provided.
- The Fire Officer will arrange for Fire Drills and Fire Prevention Checks (see Appendix C below) to be carried out at least once every three months and entered in the log book. In addition, these Drills will be carried out at different times and on different days, so that all users/hirers know the procedures.
- The last person securing the premises will ensure Fire Prevention Close Down Checks are made of all parts of the premises at the end of a session.
3.2.2 in the event of Fire
- Persons discovering a fire should sound the nearest alarm;
- The first duty of all workers is to evacuate all people from the building by the nearest exit immediately the fire is discovered;
- All persons must evacuate the building and, where possible without personal risk, leave all doors and windows closed;
- The assembly point for the building is at the park by the building
- No-one should leave the assembly point without the permission of a member of staff;
- If any fire occurs, however minor, the Fire Brigade must be called immediately by dialling 999 and asking for “Fire”;
- When the Fire Brigade arrives advise whether all persons are accounted for and location of fire.
3.2.3 Bomb Warnings
- If you receive a warning, try to find out from the caller:
- i) The approximate location of the bomb and likely time of detonation;
- ii) Whether the police and fire brigade have been notified;
- iii) Try to RECORD EXACTLY WHAT IS SAID:
- Notify the Police immediately on 999;
- DO NOT SOUND THE FIRE ALARM but evacuate the building taking into consideration any information form the bomb warning;
- Assemble in the park by the building unless the bomb warning implies otherwise.
3.2.4 Cleaning Materials, General Machinery and High-Risk Areas
- All portable machinery must be switched off and unplugged when not in use;
- Wandering cables are a hazard; use with caution and safety in mind;
- Slippery floors and dangerous; use warning signs;
- Use protective clothing and equipment provided and as instructed on machinery/equipment/material. It is the duty of a worker to report any loss of or defect in protective clothing or equipment.
- All thorough fire exits, and gates must be left clear at all times;
- Corridors and fire exits must not be blocked by furniture or equipment;
- Vehicles must not be parked near to the building so as to cause any obstruction or hazard;
- Hazards or suspected hazards or other health and safety matters should be reported to the Health and Safety Officer or the staff member on duty immediately or as soon as practicable, so that action can be taken. If the hazard is of a serious nature, immediate action must be taken to protect or clear the area to prevent injury to staff or other users.
APPENDIX A – ACCIDENT REPORTING
All accidents which occur during work for the Complete Transport solutions and/or for the User/Hirer, or on premises under the control of the Complete Transport solutions must be recorded.
Some injuries may not be fully identified until the casualty has been to hospital. It is therefore essential that, if it is known that an individual has gone to hospital as a result of an accident, follow up action is carried out.
2. Definition of Specified Major Injuries or Conditions
- Fracture of the skull, spine or pelvis; any bone in the arm or wrist, but not a bone in the hand; any bone in the leg or ankles, but not a bone in the foot.
- Amputation of; a hand or foot, a finger, thumb or toe; any part thereof if the joint or bone is completely severed
- Other specified injuries and conditions:
- The loss of sight of an eye; a penetrating injury to the eye, or a chemical or hot metal burn to an eye
- Injury (including burns) either requiring immediate medical treatment, or involving loss of consciousness, resulting (in either case) from electric shock from any electrical circuit or equipment, whether or not due to direct contact
- Loss of consciousness resulting from lack of oxygen
- Decompression sickness requiring medical treatment
- Either acute illness requiring treatment, or loss of consciousness, resulting (in either case) from absorption of any substance by inhalation, ingestion or through the skin
- Acute illness requiring medical treatment where there is reason to believe that this resulted from exposure to a pathogen or infected material
- Any other injury which results in the person injured being admitted immediately into hospital for more than 24 hours
IF IN DOUBT REPORT IT
3. Dangerous Occurrences
In the event of any of the following:
- Collapse/Overturning of machinery
- Explosion/collapse of closed vessel/boiler
- Electrical explosion/fire
IF IN DOUBT REPORT IT
Appendix B – CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH (COSHH REGULATIONS)
The assessment must be a systematic review
- What substances are present and in what form?
- What harmful effects are possible?
- Where and how are the substances actually used or handled?
- What harmful effects are given off, etc.?
- Who could be affected, to what extent and for how long?
- Under what circumstances?
- How likely is it that exposure will happen?
- What precautions need to be taken to comply with the COSHH Regulations?
- What procedures need to be put in place to comply with the Control of Asbestos at Work Regulations 2002?
2. Prevention or Control
Employers have to ensure that the exposure of workers to hazardous substances is PREVENTED or, if this is not reasonably practicable ADEQUATELY CONTROLLED.
On the basis of the assessment, the employer has to decide which control measures are appropriate to the work situation in order to deal effectively with any hazardous substances that my present. This may mean PREVENTING exposure by
- Removing the hazardous substance by changing the process
- Substituting with a safe or safer substance, or using a safer form
Or, here this is not reasonably practicable, CONTROLLING exposure by
- Totally enclosing the process
- Using partial enclosure and extraction equipment
- General ventilation
- Using safe systems of work and handling procedures
It is for the employer to choose the method of controlling the exposure and to examine and test control measures, if required.
The Regulations limit the use of Personal Protective Equipment (e.g. dust masks, respirators, protective clothing) as the means of protection of those situations ONLY where other measures cannot adequately control exposure.
Employers must provide any of their workers and, so far is reasonably practicable, other persons on site who may be exposed to substances hazardous to health, with suitable and sufficient information, instruction and training to that they know the risks they run and the precautions they must take.
Employers must ensure that anyone who carries out any task in connection with their duties under COSHH has sufficient information, instruction and training to to the job properly.