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The
Disciplinary Procedure is the method by which Complaints against
Members of the N.E.A.C. are handled.
The
procedure can be invoked by anyone who has a genuine complaint
about any N.E.A.C. Member. Complaints can be for any
breach of the Code
of Conduct, the
Rules, the Employment Agencies Act 1973 (as
amended), The Employment Agencies and Employment Businesses
Regulations (Statutory Instrument 715) or any other English
Law relating to the Conduct of a Business. A complaint
can be in addition to, or instead of, complaints to Trading
Standards, Department of Trade and Industry, other Government
Departments, Police Authorities or Direct Court Action.
In
order to make the procedure as easy to understand as possible,
the most Frequently asked Questions and Answers are detailed
below:
Who
can the N.E.A.C. act against?
What
Powers do they have?
When
can I make a Complaint?
How
do I make a Complaint?
What
is the Procedure?
Who
can the N.E.A.C. act against?
The
N.E.A.C. can only act on complaints about current Members.
It has no power over Non-Members at all.
What
Powers do they have?
The
N.E.A.C. can order a Member to amend behaviour, to make financial
restitution, or to make any other gesture or change in business
practices it considers necessary. Its ultimate sanction
is to expel a member. This action would normally be
expected to result in a blaze of publicity which would
be extremely prejucidical to the continuation of any business
for the Agency concerned.
When
can I make a Complaint?
Complaints
should be made only after attempts to resolve the matter with
the Agent concerned have failed. It should be noted that if
a Police Investigation or Court Case is impending, the Council
will normally defer a decision until the results of that Investigation
or Case are known, since that will usually automatically determine
the conclusion.
How
do I make a Complaint?
If
you have been unable to resolve a problem with an Agent, you
should contact National Office for early advice on +44 (0)
1323 492488. They will be able to tell you if the Agent
with whom you have a problem is a member of the Council, and
may also be able to assist you to resolve the problem by negotiation
as an independent third party. If not, you must put your complaint
in writing, and attach any documentary evidence supporting
your postion. It should be sent to National Office by
Recorded Delivery.
What
is the Procedure?
Once
your complaint has been received, it will be acknowledged
in writing by the General Secretary. The papers will
then be transferred to a Complaints Officer with specific
responsibility for your case. This will normally be
the National Vice Chairman responsible for the opposite area
to that in which the complaint arose (the Northern Vice Chairman
for a complaint in the south of the country, and the Southern
Vice Chairman for a complaint in the north) unless they are
involved in the complaint in any way. In that case,
the National Officers will appoint another Member with suitable
experience to deal with the complaint.
The
Complaints Officer appointed to investigate the matter will
review the evidence and decide whether there is a case to
answer, and if there is, will attempt to provide a resolution.
If
he/she is unable to provide a resolution or if the parties
cannot or will not accept that resolution, the matter can
be transferred to a full Tribunal.
This
Tribunal will sit to hear evidence and listen to witnesses
before coming up with a final conclusion.
In
order to ensure that the Tribunal is always impartial, it
will always consist of the National Chairman (or an appointed
replacement if the National Chairman is the subject of the
complaint) plus two other Council Members from Branches other
than that to which the Member complained of belongs.
Once
the Tribunal has reached a decision, there is no further recourse
or appeal available via the Council. However, a decision
of the Tribunal or of a Complaints Officer does not prevent
either party from proceeding to Court or complaining elsewhere.
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