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Introduction |
| 1. |
When the ETI is concerned about an apparent
serious failure by a company to display the required level of commitment
to the effective and transparent implementation of the ETI code or to
its other obligations as a member, the following procedure shall apply: |
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Improvement Letter |
| 2. |
The Director, accompanied by the Chair,
will seek a meeting with the member to discuss the areas of concern
and to identify and if possible agree the appropriate remedial action. |
| 3. |
If after that meeting the Director and the
Chair consider that remedial measures are required, those measures and
the proposed timetable for their implementation will be confirmed in
an Improvement Letter sent to the member. |
| 4. |
The Director shall seek to arrange further
meetings with the member to review progress towards implementing those
measures and shall take such steps to verify that progress as the Director
and the Chair shall consider appropriate. |
| 5. |
If the member considers that the required
remedial measures or any part of them are unnecessary, unreasonable
or otherwise impractical, it may appeal to the Members’ Disciplinary
Committee. Written notice of an appeal against an Improvement Letter
setting out the grounds upon which the member relies must be given within
28 days of receipt of the Improvement Letter. |
| 6. |
An appeal will be heard as soon as reasonably
practicable. Following the hearing, the Members’ Disciplinary
Committee may confirm, vary or withdraw the Improvement Letter. |
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Infraction Notice |
| 7. |
If it appears that there has been a significant
failure by a company member to comply with an Improvement letter the
Director shall, after consulting with the Chair, write to the member
identifying the apparent failure(s) and asking the member to attend
a meeting with the Members’ Disciplinary Committee to discuss
those apparent failure(s), the circumstances giving rise to them and
any other matters which the member wishes to raise. |
| 8. |
If following that meeting the Members’
Disciplinary Committee considers that the member has failed to display
the required level of commitment to fulfilling its obligations as a
member, it shall issue an Infraction Notice advising the member of the
ways in which the Committee considers the member’s performance
to be inadequate and identifying the remedial measures required and
the timetable for implementing those measures. |
| 9. |
The Director shall seek to arrange meetings
with the member to review progress towards implementing the measures
specified in an Infraction Notice and shall take such measures to verify
that progress as the Director and the Chair shall consider appropriate. |
| 10. |
If the member considers that the Infraction
Notice is not justified or that the proposed remedial measures or any
part of them are unnecessary, unreasonable or otherwise impracticable,
it may appeal to the full Board against that Infraction Notice. Written
notice of the appeal setting out the grounds upon which the member relies
must be given within 28 days of receipt of the Infraction Notice. |
| 11. |
The appeal shall be heard as soon as reasonably
practicable. On an appeal to the Board against an Infraction Notice,
the members of the Members’ Disciplinary Committee who issued
that Notice shall be entitled to be present at and take part in the
hearing of the member’s appeal. When the member withdraws to allow
the Board to consider its decision on the appeal, the members of the
Members’ Disciplinary Committee who issued that Notice shall also
withdraw. Following the hearing, the Board may confirm, vary or withdraw
the Infraction Notice. |
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Suspension |
| 12. |
If it appears that there has been a significant
failure by a member to comply with an Infraction Notice, the Director
shall, after consulting with the Members’ Disciplinary Committee,
write to the member identifying the apparent failure(s) and requesting
it to attend a hearing of the full Board to discuss the apparent failure(s),
the circumstances giving rise thereto and any other matters which the
member wishes to raise. The members of the Members’ Disciplinary
Committee which issued that Infraction Notice shall be entitled to take
a full part in that hearing and the deliberations of the Board thereon.
|
| 13. |
If following that hearing the Board considers
that since the Infraction Notice was issued the company has failed to
display the required level of commitment to fulfilling its obligations
as a member, it shall give the company written notice that its membership
of the ETI is suspended. That notice shall specify the ways in which
the Board considers the company’s performance to be inadequate
and identifying the measures required to rectify the position and a
timetable for implementing those measures. |
| 14. |
While suspended from membership a company
shall remain liable to pay its membership fees to the ETI but it shall
not be entitled to make any public reference to its membership of the
ETI without qualifying that reference by stating that it is currently
suspended. |
| 15. |
The ETI shall inform its members of the
fact that a company member has been suspended and during the period
of any such suspension it shall omit that company from any list of current
members that it publishes. |
| 16. |
During the period of suspension, the Director
(and where appropriate the Chair) shall liaise with the company and,
where appropriate, meet with it to discuss progress towards implementing
the measures specified in the Notice of Suspension and shall take such
measures to verify that progress as the Director and Chair shall consider
appropriate. |
| 17. |
The company may apply at any time to the
Board to review its suspension from membership by giving written notice
of a request for a review setting out the grounds upon which the company
relies in support of its request. |
| 18. |
A request for a review should be considered
as soon as reasonably practicable at a meeting of the Board at which
the company will be entitled to attend and make representations. Having
conducted a review, the Board may lift the suspension and take such
lesser measure (Improvement Letter or Infraction Notice) as it shall
think fit, confirm the suspension but vary the ways in which the Board
considers the company’s performance to be inadequate and/or the
remedial measures required and the timetable for implementing those
measure or reaffirm the existing Notice of Suspension. |
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Exclusion |
| 19. |
A company that has been suspended from membership
for twelve months shall be liable to exclusion from membership by the
full Board at the next meeting of the Board. A company which has been
excluded from membership may subsequently apply to rejoin the ETI. |
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Other Matters |
| 20. |
If the Director is unable for any reason
to take any action specified in this procedure, he/she (or in his/her
absence the Chair) may nominate another member of the secretariat to
deal with the matter. If the Chair is unable or he does not consider
it appropriate to involve him/herself in any action referred to in this
procedure, he/she may nominate another member of the Board in his/her
place. |
| 21. |
The Members’ Disciplinary Committee
shall consist of three members of the Board nominated by the Board with
one member drawn from each of the three main caucuses of members, namely
companies, trade union organisations and NGOs. The Chair shall not be
a member of the Members’ Disciplinary Committee. |
| 22. |
Neither the Chair nor any other member of
the Board shall be disqualified from taking part in the meetings, deliberations
or decisions referred to in this procedure merely because the Chair
or other member of the Board is a representative or employee of a company
which is in commercial competition with the company which is the subject
of this procedure. |
| 23. |
If the Chair or any other member of the
Board is an employee or representative of a company which is the subject
of this procedure he/she shall be entitled to represent that company
at any meeting or hearing convened under this procedure but he/she shall
not be entitled to take any part on behalf of the ETI in any meeting,
hearing, deliberation or decision referred to in this procedure. |
| 24. |
Pending the hearing of an appeal or completion
of a review the letter or notice which is the subject of the appeal
or review shall remain in effect. |
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