Dispute

This Dispute Policy is established to address and resolve disputes related to pay and hours between the end-client and the operative, who is self-employed under the Construction Industry Scheme (CIS) and placed by Fixed Construction Limited (Fixed) onto a job with the End-Client.

Initial Process

  1. Agreement with Operative: The operative signs terms with our payroll partner, Quest Pay, agreeing to the processes and dispute resolution mechanisms outlined herein.
  2. Timesheet Creation: Fixed requests hours worked from the operative and creates a timesheet for those hours.
  3. Timesheet Confirmation: Fixed receives confirmation from the end-client of hours worked or a dispute is raised, and client provides evidence from site (e.g. site access software records / sign-in sheet).
  4. Follow Up with Operative: In thecase of a disagreement, Fixed will confirm the final hours as stated by the end-client with the worker, including evidence from end-client of hours.
  5. End-Client Approval: The timesheet is sent to the end-client for approval and signature.
  6. Invoice and Payroll: Upon receiving signed approval, an invoice is issued to the end-client, and payroll is processed for the operative.

Dispute Resolution Process

In the event of a dispute regarding the hours worked, the following process will be followed:

  1. Notification of Dispute: Either party (operative or end-client) must notify Fixed Construction Limited of the dispute within 12 hours) of timesheet submission.
  2. Submission of Evidence:
    • The operative is required to provide detailed records of hours worked, including any relevant documentation or proof.
    • The end-client is asked to provide their records or evidence supporting their claim.
  3. Agency Review: Fixed Construction Limited will review all submitted evidence impartially within 12 hours.
  4. Mediation Attempt: If initial evidence is inconclusive, Fixed Construction Limited will attempt to mediate between the operative and the end-client to reach an agreement.
  5. Final Decision: If mediation is unsuccessful, Fixed Construction Limited will make a final decision based on the evidence presented. This decision will be communicated to both parties within 12 hours.
  6. Adjustment and Resolution:
    • If the operative's claim is upheld, adjustments will be made to the timesheet, followed by invoice amendment and additional payroll processing if required.
    • If the end-client's claim is upheld, necessary adjustments will be made to reduce the hours on the timesheet and invoice, and adjustments in payroll will be processed.
  7. Right to Appeal: Both parties have the right to appeal the decision within 24 hours by providing additional evidence or justification.
  8. Record Keeping: All disputes and resolutions will be documented and kept on record by Fixed Construction Limited for a period of 24 months.

This policy aims to ensure a fair and transparent process for resolving disputes between operatives and end-clients, safeguarding the interests of all parties involved. Adherence to this policy is mandatory for all operatives and end-clients engaged through Fixed.

This policy has been approved & authorised by:

| Name: | Lucy Clarke | | --- | --- | | Position: | Director | | Reviewed: | 30 April 2024 |

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