The Employment Status of
Sabbatical Officers
April 2011
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Contents page
Introduction
4
Background
5
Status building blocks
5
What if an employment relationship does exist?
6
Can we issue a contract?
6
Aren’t they their own employer?
6
Can the sabbaticals join a trade union?
6
Should other policies also apply?
6
Disciplinary arrangements relating to sabbatical officers
6
How would this work?
7
Political/no confidence procedures
8
Detail: handling no confidence
8
Length of service
9
How has NUS implemented the “building blocks” approach?
9
NUS example documents
10
Appendix A: Statutory employment rights
Appendix B: NUS’ Code of Conduct
Appendix C: NUS Employment Agreement for Full Time Officers
Appendix D: Staff Student Protocols
11
17
22
28
April 2011
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Introduction
Following many years of uncertainty relating to the employment status of sabbatical
officers, we are delighted to launch this guidance for students’ unions. Underpinning
great unions are great officers. Having a clear set of rights and responsibilities will really
empower student leaders to go out and deliver for their members.
This pack contains model guidance documents relating to employment contracts,
disciplinary and performance policies in addition to addressing long standing questions
around no-confidence. NUS have worked closely with leading employment lawyers as
well as using best practice from both the student movement and wider voluntary sector.
We’ve also included some documents and tools NUS has used following our own
governance review in 2009.
Using the tools and advice in this pack is just the start. Building solid training and
induction schemes for officers is vital to allow them to hit the ground running. However,
good human resource administration is just as important for student leaders as any other
member of staff. Please use the tools and examples in this guide to support that process.
If you have any specific queries, please get in touch with the Democracy & Governance
Unit at NUS.
Ed Marsh
NUS Vice President Union Development
NOTE: NUS Model Constitutions
In light of the advice herein, we will shortly be issuing revised versions of our model constitutions for FE and
HE unions. Look out on the mailbases and NUS Connect for more details.
April 2011
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Background
1. The employment status of sabbatical officers or paid executive committee members has for some
years been somewhat uncertain. The issue has been whether they were to be classed as “office
holders” and therefore did not benefit from the rights enjoyed by “employees” under current
employment legislation.
2. The legal distinction between office holders and employees lies in the fact that while an employee’s
rights and duties are defined in an employment contract, the rights and duties of an office holder are
defined by the office held and exist independently of the person who currently fills it. With office
holders there is usually no intention to create legal relations.
3. To this end NUS sought advice on the issues from Antony Sendall QC of Littleton Chambers. His view
was that “there is a very substantial risk that most, if not all, sabbatical officers would be regarded as
both office holders and employees and not merely office holders. Although there are factors that point
away from employment such as their appointment by election, the degree of autonomy that they
enjoy and the fact that to some extent their remuneration is calculated by reference to compensation
for being deprived of the opportunity to earn by taking up employment elsewhere, the nature of the
obligations that they take on and the way in which they are expected to perform them is consistent
with the nature of the relationship being one of employment”
http://www.nusconnect.org.uk/resources/governance/QCs-Opinion-on-the-Employment-Status-of-Sabbatical-Officers/
4. Whilst there is some doubt which rests on local circumstance, he says “Although steps could be
taken to seek to ensure that the arrangements between student unions and their sabbatical officers
are perceived to be consistent with office holding and inconsistent with employment, I suspect that
this would be an endeavour broadly comparable to King Canute’s aspiration to order the tides back”
5. NUS’ view is that when making an assessment as to whether their officers are employees or not
unions should err on the side of caution- the likelihood is of a “substantial risk that most, if not all,
sabbatical officers would be regarded as both office holders and employees”. This does mean that
most local unions will need to take steps to ensure that their governing document and other
procedures are consistent with employment law.
6. What Sendall makes clear is that in certain circumstances an office holder may also be held to be an
employee- previously it was assumed that someone could be one or the other. To fall within the
definition of an office holder, the individual concerned should be expected only to attend meetings
and undertake certain activities and ancillary duties. Given that generally sabbatical officers spend
more time in a students’ union on a day to day basis than a traditional Trustee, take executive
decisions on its behalf and usually have a portfolio of duties attached to their sabbatical role, they are
more likely to be found by an employment tribunal to be employees of the union.
7. It should also be noted that there is no single definition of “employment” in British Law. Indeed
discrimination law for example has a very wide definition of employment and it would be very unlikely
in any local circumstance that sabbaticals would not be defined as employees for the purposes of
discrimination law.
Status building blocks
8. So- in summary, the status is akin to a series of building blocks.



Membership of the union is frequently conditional upon remaining in good standing with the university
as a student.
Sabbatical Officers can usually only become and remain sabbatical officers if they remain members of
the union.
Sabbatical Officers can only be employed as Sabbatical Officers if they have been elected to office and
continue in office.
April 2011
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What if an employment relationship does exist?
9. Given we believe that in virtually all cases an employment relationship will exist, a whole host of rights
will apply that students’ unions would be wise to consider when reviewing their constitutions and
associated documents. These can be found at Appendix A.
10. We believe that most of these rights, if not explicitly current afforded to sabbatical officers, are at
least compatible with sabbatical office and easy enough to write into an agreement or policy on terms
and conditions for sabbatical officers.
11. However, a number of key questions arise on the detail of implementation. These are not exhaustive
and unions are advised to contact the Democracy & Governance Unit at NUS with further questions.
12. Many unions will have questions on the detail of implementation, some of which are detailed below:
Can we issue a contract?
13. We would now advise that unions do go ahead and issue contracts to sabbatical officers. Their
format can usefully be based on staff contracts with appropriate amendments.
Aren’t they their own employer?
14. If a union is an unincorporated association the executive as a body will often be regarded as the
trustee body and thus the employer- as a result they would take “themselves” to court in the event of
a problem. This is unusual but acceptable.
Can the sabbaticals join a trade union?
15. This is permissible- but they would likely be negotiating with themselves! It would be wise to select a
different union from that of the union staff.
Should other policies also apply?
16. Again most policies relating to staff, for example on sickness or bullying/harassment can be adapted
to apply to officers. It would be wise to ensure that there are specific amendments to the staff policies
rather than simply bringing officers under the banner of existing staff policies given the nature of
those making judgements within the processes, and how they are often agreed and negotiated.
Disciplinary arrangements relating to sabbatical officers
17. This is a complex area and requires careful consideration. Traditionally students’ unions as
democratic political organisations have had “no confidence” or “censure” rules to handle poor
performance of an officer. This guidance would seek to uphold the principle that an officer’s political
performance should be judged by members in an open and democratic way.
18. However where matters of misconduct have arisen, organisations have in the past found it difficult to
deal them through their existing structures, which often favour political processes such as “no
confidence” votes rather than more traditional disciplinary procedures which rely on investigations,
confidentiality and natural justice.
19. Crucially, political procedures may be inappropriate when dealing with misconduct; ie cases which
would require different procedures. A detailed case involving sexual harassment, for example, would
be wholly unsuitable for discussion at an AGM or council. In addition a local councillor would usually
April 2011
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be held to account in the council chamber or ballot box; but if they were caught fiddling their
expenses, a different procedure run by the Standards Board for England would apply
(http://www.standardsboard.co.uk).
20. As a result we would recommend that all students’ unions adopt procedures that allow for Political
Performance to be handled via traditional “no confidence” or “censure” rules; and for misconduct to
be separately handled through traditional disciplinary rules.
How would this work?
21. Earlier in the briefing we clarified the “building blocks” of the statuses:



Membership of the union is frequently conditional upon remaining in good standing with the university
as a student.
Sabbatical Officers can usually only become and remain sabbatical officers if they remain members of
the union.
Sabbatical Officers can only be employed as Sabbatical Officers if they have been elected to office and
continue in office.
22. If the “underpinning status” each time is removed, it can cause other statuses built upon it to be
removed. For example- In the event that a Sabbatical Officer ceases to be an elected officer, they will
cease to be entitled to be an employee. The reason being that they are no longer an elected officer.
If this leads to the termination of employment, it would constitute a fair reason under employment
law.
23. We would argue that procedures should reflect these interrelationships:




Any university has a duty to be able to take action against members of the university- students- for
breaches of conduct rules that apply in the student context
Any students’ union has a duty to be able to take action against members of the union- students- for
breaches of conduct rules that apply in the students’ union context
In the event that an officer loses their student status via university procedures they can be automatically
dismissed and this would count as a “statutory requirement” reason for fair dismissal.
In the event that an officer lost their membership status via union membership disciplinary procedures
the assumption is that those procedures would make clear that a result could effectively mean
dismissal and that the procedures would “match” the requirements of a fair dismissal process in law.
24. In this way we have argued that as long as simple confirmations are written into procedures “on both
sides” that make clear that sabbaticals should be seen as members of the university - students,
members of the union and sabbatical officers, it allows issues to be dealt with appropriately at the
correct level.
25. This approach requires that:
It is made clear to sabbaticals that their status as officers is contingent upon membership; and that
membership of the union is contingent upon membership of the university (and thus a loss of
membership in either context would affect the others)
 Unions clarify whether, in their view, the university would regard sabbaticals as students and within the
purview of their procedures (our experience suggests wildly differing views between different HEIs)

Political/no confidence procedures
26. Where it was resolved that a complaint was political in nature, the Union would usually resolve the
issue via the Union’s constitution first; the employment aspects are therefore usually secondary. The
employment contracts should however retain the right to suspend the officer as an employee and to
exclude them from the Union premises (or at lest those parts open only to Sabbatical Officers) while
the constitutional issues are resolved. Suspension must however be on full pay.
April 2011
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27. For any such termination to be fair however, the Union must also follow a fair process and be entitled
to treat the reason as sufficient to dismiss (the reason would be “some other substantial reason of a
kind which justifies the dismissal”)
28. You would also need to follow a formal process that determines that the loss of confidence in the
officer is sufficient to dismiss. It is important to note however that this will only be relevant if the
officer has one year’s service. If they have less than one year’s service, they cannot claim normal
unfair dismissal. They may be able to claim certain ‘day one’ rights however, for example
discrimination or whistle blowing.
Detail: handling no confidence
Firstly unfair dismissal can only be claimed after a year's service, so the students' union could terminate a first year
officer's employment on the basis of a vote of no confidence without needing to undertake an additional process, (as
long as this is supported by the SU constitution).
Secondly, it should state clearly in the Officer's Job Description that their employment is dependent on their elected
status.
In employment law an employer can dismiss an employee if they can show that it is for one of the following
reasons:
1. a reason relating to conduct
2. a reason related to capability or qualifications for the job
3. because the post is redundant
4. because of a statutory duty or restriction
5. some other substantial reason of a kind that justifies dismissal
and they act reasonably in treating that reason as sufficient for dismissal
If an Officer had his/her elected status revoked that would be covered by the 'some other substantial reason' category.
In these circumstances the Officer should be suspended from their role on full pay. They should then be invited to a
meeting where the students' union should outline that they are considering terminating their employment on the basis
that they are no longer an elected officer.
The 'no confidence' would prevent them from continuing on their current role and therefore the students' union should
then consider if they can redeploy the person to an alternative position if there are any suitable vacancies. They should
be given the opportunity to appeal.
This should be very straight forward should take no more than two weeks.
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Length of service
29. When calculating length of service, it may be necessary to include previous employment by the
Union. This can be so even if the previous employment was in a different and unrelated capacity.
Where there is previous employment, it can be ignored if there has been a genuine and real break in
continuity. The rules about breaking continuity are complex and advice should be taken on this.
30. What is the situation if a sabbatical officer has completed two years “service” with the union? Do they
get redundancy pay? No- by definition this is not a redundancy situation as the role is not redundant.
The union would still need to “dismiss” via the standard dismissal process required in law to ensure it
is fair- the reason in this case would likely count as “some other substantial reason” in law. (see page
8)
How has NUS implemented the “building blocks” approach?
31. Under clause 109 of NUS’ core constitution, NUS’ Trustee Board is required to
32. …Produce a “code of conduct” that all Individual Members shall be required to adhere to, including
when Individual Members are on premises or at events that are administered or organised by the
National Union.
33. The code of conduct may include a range of sanctions for breach of the code of conduct by an
Individual Member, including the indefinite suspension of any or all of the rights and privileges of
membership
34. This was an important reform for NUS, given that previously:





There were no provisions for the suspension or removal of individual members that were not elected
officers
Discipline or misconduct of elected officers were handled via a procedure agreed by the NEC that was
rarely and poorly used
There was considerable confusion between matters that should be handled under that procedure and
normal, open “political accountability” procedures
An incompatibility with employment law where full time elected officers were concerned
Problems with the powers of the policies- an elected officer found guilty of sexual harassment or theft
would “remain in office” until voted out by the appropriate political procedure
35. As a result a code of conduct has been drafted that seeks to meet the following goals:





A single, comprehensive procedure to apply to all those defined as “individual members” under the
constitution
A procedure that is careful to differentiate between matters of misconduct and political performance,
with the latter rightly handled by open political processes
A process for determining whether a complaint represents an issue of misconduct or political
performance
Clarity over what would happen if an elected officer were to have rights/privileges taken away
Where the procedure handles the discipline of full time elected officers its provisions should be
compatible with employment law
36. Some features of NUS’ code
The code itself handles all individual members, from students in unions through to the National
President. This avoid the problem of multiple policies and multiple statuses, but does therefore require
that context and judgement are taken into account throughout the policies
 The code seeks only to deal with (mis)conduct rather than general levels of (political) performance- an
important distinction
 There is an important assessment at the beginning of the formal process that seeks to determine
whether a matter is actually one for this policy or for political accountability procedures

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
It is important that where a complaint or issue is handled through this procedure that confidentiality is
respected and maintained by elected officers and that any breach is in itself handled as a disciplinary
matter
Example documents

The following NUS documents could be adapted to meet the needs of your students’ union



Appendix B details the NUS Code of Conduct
Appendix C details the ‘Employment Agreement’ for NUS full time officers
There is also a model/sample Staff Student Protocol policy is detailed in Appendix D. It has long been
an established principle that it should be elected officers, not staff, that are held to account for the work
of a student’ union- unions are democratic organisations and officers should be responsible for the
work that goes on. If members of staff are not able to defend themselves in public then they should not
be held to account in public.
In truth this has long been an accepted part of SU culture but evolving constitutions, along with a
proliferation of blogs and comment tools have tended to open up the possibility for staff to be targeted
for opinion pieces whilst still prevented from comment back- often with no staff student protocol in
place. The model protocol detailed in Appendix D can be amended to apply to your students’ union.
April 2011
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Appendix A: Statutory employment rights
A table summarising the statutory employment rights for which there is no qualifying period of service.
Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Unfair dismissal
Families and pregnancy
Redundancy, transfers and insolvency
Discrimination
Trade unions and collective issues
Time off
Working Time Regulations 1998
Wages
Atypical working
Miscellaneous: employment
1.
Unfair Dismissal
In the following cases of dismissal, the normal qualifying period of one year’s continuous employment does
not apply.
Statutory Reference
Statutory Right
Unfair dismissal for reasons connected with Section 99, ERA 1996
pregnancy, childbirth, or statutory Maternity,
Paternity, adoption, parental or dependant care leave
Unfair dismissal for a health and safety reason
Section 100, ERA 1996
Unfair dismissal of a shop or betting worker for Section 101, ERA 1996
refusing to work on a Sunday
Unfair dismissal for a reason connected with rights Section 101A, ERA 1996
under the Working Time Regulations 1998
Unfair dismissal for performing functions as an Section 102, ERA 1996
occupational pensions trustee
Unfair dismissal for performing functions as an Section 103, ERA 1996
employee representative on a TUPE transfer or
collective redundancy
Unfair dismissal for making a protected disclosure
Section 103A, ERA 1996
Unfair dismissal for asserting a statutory right listed in Section 104, ERA 1996
section 104(4) of ERA 1996
Unfair dismissal in connection with an application for Section 104C, ERA 1996
flexible working.
Unfair dismissal related to the national minimum wage Section 104A, ERA 1996
Unfair dismissal for enforcing rights in relation to Section 104B, ERA 1996
working tax credit
Unfair dismissal in connection with carrying out jury Section 98B, ERA 1996
service
Unfair dismissal in connection with information and Regulation 30, Information and Consultation of
Employees Regulations 2004 (SI 2004/3426)
consultation agreement activities
Unfair dismissal in connection with European works Regulation 28, Transnational Information and
Consultation of Employees Regulations 1999 (SI
1999/3323) and section 108, ERA 1996
council activities
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Unfair dismissal related to status as a part-time Regulation 7, Part-time Workers (Prevention of
Less Favourable Treatment) Regulations 2000 (SI
2000/1551) and section 108, ERA 1996
worker
Unfair dismissal related to status as a fixed term Regulation 6, Fixed-term Employees (Prevention of
employee
Less Favourable Treatment) Regulations 2002 (SI
2002/2034)
Unfair dismissal in connection with trade union Schedule A1, TULRCA
recognition
Unfair dismissal for trade union membership or non- Sections 152 and 153, TULRCA
membership, or participation in trade union activities
Unfair dismissal in connection with exercising the Section 12, Employment Relations Act 1999
right to be accompanied to a disciplinary or grievance
hearing
Unfair dismissal for taking part in protected industrial Section 138A, TULRCA
action
Unfair dismissal following selection for redundancy on Section 105, ERA 1996
any of the grounds listed above.
2.
Families and Pregnancy
Statutory Right
Statutory Reference
Right to paid time off for antenatal care
Section 55, ERA 1996
Right to unpaid time off to care for dependants
Section 57A, ERA 1996
Right to be offered alternative work before maternity Section 67, ERA 1996
suspension
Right to be paid during maternity suspension
Section 68, ERA 1996
Right to 26 weeks’ ordinary maternity leave (OML) and to a Sections 71 and 73, ERA 1996
further 26 weeks’ additional maternity leave (AML)
Right not to suffer detriment in relation to pregnancy, Section 47C, ERA 1996
childbirth, maternity, compulsory, ordinary or additional
maternity leave, ordinary or additional adoption leave,
paternity leave, parental or time off for dependants
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3.
Redundancy, Transfers and Insolvency
Statutory Right
Consultation with
business transfer
Statutory Reference
appropriate
representatives
over
a Regulation 13, TUPE 2006
Consultation with appropriate representatives over proposed Section 188, TULRCA
collective redundancies
Failure to comply with a compensation order made under Regulation 15(10), TUPE 2006
regulation 15 of TUPE 2006
Failure to pay remuneration under a protective award
Section 190, TULRCA
Rights on insolvency of employer
Part XII, ERA
4.
Discrimination
Statutory Right
Statutory Reference
Right not to be treated less favourably because of age, Section 13, Equality Act 2010 (EqA 2010)
disability, gender reassignment, marriage or civil partnership,
pregnancy or maternity, race, religion or belief, sex or sexual
orientation
Right not to be treated unfavourably because of pregnancy Section 18, EqA 2010
or maternity
Right not to be indirectly discriminated against in relation to Section 19, EqA 2010
age, disability, gender reassignment, marriage or civil
partnership, race, religion or belief, sex or sexual orientation
Right not to be treated unfavourably because of something Section 15(1), EqA 2010
arising in consequence of a disabled person's disability
Right not to be discriminated against by a failure to comply Section 21, EqA 2010
with a duty to make reasonable adjustments
Right not to be harassed by unwanted conduct related to Section 26(1), EqA 2010
age, disability, gender reassignment, race, religion or belief,
sex or sexual orientation
Right not to be sexually harassed
Section 26(2), EqA 2010
Right not to be treated less favourably for rejecting or Section 26(3), EqA 2010
submitting to sexual harassment or harassment related to
gender reassignment or sex
Right not to be victimised because of a protected act
Section 27, EqA 2010
Right to a sex equality clause (equal pay for equal work)
Section 66, EqA 2010
Right to a maternity equality clause
Section 73, EqA 2010
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5.
Trade Unions and Collective Issues
Statutory Right
Statutory Reference
Compensation after a successful claim for unjustifiable Section l67, TULRCA
discipline under section 66
Compensation after a finding of unlawful exclusion or Section 176, TULRCA
expulsion from a union
Interim relief pending a claim for unfair dismissal on grounds Section 161, TULRCA
related to union membership or activities
Refusal of employment on grounds related to union Section 137, TULRCA
membership
Refusal of service of an employment agency on grounds Section 138, TULRCA
related to union membership
Right not to be unjustifiably disciplined by a trade union
Section 64, TULRCA
Right not to suffer detriment as a result of union membership Section 146, TULRCA
or activities
Unauthorised deduction of union subscriptions
Section 68, TULRCA
Unlawful exclusion or expulsion from a union
Section 174, TULRCA
6.
Time Off
Statutory Right
Statutory Reference
Right to paid time off for employee representatives
Sections 61 and 62, ERA 1996
Right to paid time off for pension scheme trustees
Sections 58 and 59, ERA 1996
Right to paid time off for safety representatives
Safety
Representatives
and
Safety
Committees Regulations 1977 (SI 1977/500)
and Health and Safety (Consultation with
Employees)
Regulations
1996
(SI
1996/1513)
Right to paid time off for union duties
Sections 168 and 169, TULRCA
Right to time off for study or training
Sections 63A-C, ERA 1996
Right to unpaid time off for public duties
Section 50, ERA 1996
Right to unpaid time off for union activities
Section 170, TULRCA
Right not to suffer detriment in relation to taking time off for Section 47A, ERA 1996
study or training
Right not to suffer detriment in relation to undertaking Section 47C, ERA 1996
dependant care leave
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7.
Working Time Regulations
Statutory Right
Statutory Reference
Right to annual leave
Regulation 13, Working Time Regulations
1998 (WTR 1998) (Sl 1998/1833)
Right to compensatory rest in cases where the above Regulation 24, WTR 1998
regulations are modified or excluded
Right to daily rest breaks
Regulation 10, WTR 1998
Right to pay during annual leave
Regulation 16, WTR 1998
Right to payment in lieu of holiday on termination of Regulation 14, WTR 1998
employment
Right to rest breaks during a day
Regulation 12, WTR 1998
Right to weekly rest breaks
Regulation 11, WTR 1998
Right not to suffer detriment in relation to exercising rights Section 45A, ERA 1996
under the WTR 1998
8.
Wages
Statutory Right
Statutory Reference
Right to receive the national minimum wage (NMW)
National Minimum Wage Act 1998 (NMWA
1998)
Failure to allow access to records relating to the NMW
Section 911, NMWA 1998
Itemised pay statement
Section 8, ERA 1996
Right not to suffer detriment in relation to payment of tax Section 27 and Schedule 1, Tax Credits Act
credits by the employer
2002
Right not to suffer detriment in relation to the national Section 23, NMWA 1998
minimum wage
Right not to suffer unlawful deductions from wages
9.
Section 13, ERA 1996
Atypical Working
Statutory Right
Statutory Reference
Breach of procedure of the flexible working regulations
Regulation 6, Flexible Working (Eligibility,
Complaints and Remedies) Regulations
2002 (SI 2002/3236)
Right not to be treated less favourably because of fixed term Regulation 3, Fixed-term Employees
status
(Prevention of Less Favourable Treatment)
Regulations 2002 (SI 2002/2034)
Right not to be treated less favourably because of part-time Regulation 5, Part-time Workers (Prevention
status
of Less Favourable Treatment) Regulations
2000 (SI 2000/1551)
Right not to suffer detriment in relation to part-time working
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Regulation 7, Part-time Workers (Prevention
of Less Favourable Treatment) Regulations
2000
Right not to suffer a detriment for claiming under the flexible Regulation 16, Flexible Working (Procedural
working regulations
Requirements)
Regulations
2002
(SI
2002/3207)
Right not to suffer detriment in relation to fixed term Regulation 6(2), Fixed-term Employees
employment
(Prevention of Less Favourable Treatment)
Regulations 2002
Right of employee employed under successive fixed term Regulation 8, Fixed-term Employees
contracts to be regarded as a permanent employee
(Prevention of Less Favourable Treatment)
Regulations 2002
Right of employee employed under successive fixed term Regulation 9, Fixed-term Employees
contracts to receive a written statement that he or she is a (Prevention of Less Favourable Treatment)
permanent employee
Regulations 2002
Right of fixed term employee to be informed by employer of Regulation 3(6), Fixed-term Employees
permanent vacancies
(Prevention of Less Favourable Treatment)
Regulations 2002
Right of fixed term employee to receive written statement of Regulation 5, Fixed-term Employees
reasons for less favourable treatment
(Prevention of Less Favourable Treatment)
Regulations 2002
Right of part-time worker to receive written statement of Regulation 6, Part-time Workers (Prevention
reasons for less favourable treatment
of Less Favourable Treatment) Regulations
2000
10.
Miscellaneous: Employment
Statutory Right
Statutory Reference
Breach of contract claim by an employee
N/A
Right not to suffer a detriment in to a protected disclosure
Section 47B, ERA 1996
Right not to suffer a detriment in relation to certain health Section 44, ERA 1996
and safety issues
Right not to suffer a detriment in relation to performing Section 46, ERA 1996
functions as a pension trustee
Right not to suffer detriment in relation to performing Section 47, ERA 1996
functions as an employee representative
Right not to suffer a detriment in relation to jury service
Section 43M, ERA 1996
Right not to suffer a detriment in relation to Sunday working
Section 45, ERA 1996
Right to be accompanied at a grievance or disciplinary Section 10, Employment Relations Act 1999
hearing
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Appendix B: NUS’ Code of Conduct
Introduction
1. This Code sets out the procedures to be followed in the case of disciplinary action against an individual
member of NUS (“the member”)
2. Disciplinary issues arise when problems of conduct are raised and NUS seeks to address them through
the agreed procedures.
3. For the purpose of this procedure, members are defined as in the Core Constitution:
3.1. the Students of a Constituent Member aged 16 or over;
3.2. all NUS Committee Members and members of the National Executive Council; and
3.3. sabbatical elected officers of Constituent Members
3.4. the convenors of NUS Area Organisations.
4. This procedure also applies to non members acting in volunteer roles in NUS.
5. This does not include any NUS staff who are subject to disciplinary procedures agreed between ACTS
(staff union) and NUS.
6. The code concerns the disciplinary rules and procedures that operate within NUS. NUS believes that
rules and procedures are necessary for promoting orderly relations as well as fairness and consistency in
the treatment of individuals.
7. It is important that Members know what standards of conduct and performance is expected of them. As
a result full details of this policy/procedure will be given to NUS members in appropriate settings.
Scope
8. Disciplinary action may be taken in respect of any breach of discipline:
8.1. on NUS premises;
8.2. while the member is using NUS facilities or at an NUS event; or
8.3. while a member is representing or acting on behalf of NUS at any event of whatever kind and wherever
held.
8.4. in relation to actions or incidents between two or more representatives of NUS in any or none of the
settings above, or in relation to actions or incidents between NUS representatives and staff or stakeholders.
Meaning
9. In this code a breach of discipline means (but is not limited to)
9.1. threatening or harassing any other person, whether physically or verbally;
9.2. assaulting any other person;
9.3. damaging any property, whether deliberately or negligently;
9.4. acting in contravention of the NUS Equal Opportunities Policies;
9.5. acting without due regard for the safety of others;
9.6. acting with dishonesty or with intent to defraud;
9.7. infringement of equal opportunities, safe space, safeguarding, no platform or staff protocol
policy;
Panel and Supervising Trustee
10. The Trustee Board shall annually appoint a lay trustee to supervise this procedure. They shall annually
report to the Trustee Board on the operation of this code.
11. It shall also appoint a pool of people from which to form a panel at disciplinary hearings, which will
always consist of:
• A student officer from a students’ union
• A staff member from a students’ union
12. Measures will be out into place to ensure a diverse membership of this committee.
Complaints
13. In normal circumstances complaints and grievances will be made to the Supervising trustee c/o the
Democratic Services Coordinator at NUS. Members and elected officers should refer to the Democratic
Services Coordinator who will advise on this code.
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Complaints/Raising Issues/Investigations
16. When
• a disciplinary matter arises, or
• a complaint is made, or
• a matter is referred to the Panel
the Supervising trustee shall first determine whether this policy is appropriate for the issue(s) being raised.
In making the judgement the Supervising trustee will be careful to ensure that matters of misconduct are
handled through this procedure, but that matters of political performance are rightly referred to the
appropriate accountability procedures.
17. If this procedure is used, the Supervising trustee will appoint an impartial third party to investigate the
matter. The investigation is to establish the facts and where appropriate obtain statements from any
available witnesses. Having carried out an investigation, the investigator will make a report to the
Supervising trustee. The Supervising trustee will then decide whether to drop the matter, arrange informal
coaching, advice or counselling, or to arrange for the matter to be dealt with under the disciplinary
procedure.
18. At the start of the investigation, the complainant and respondent will receive a letter of formal
notification detailing the complaint being investigated and the name and contact details of the person
dealing with the investigation. If appropriate the respondent’s home students’ union will be informed that
the investigation is taking place, and of the nature of the complaint.
19. Respondents are encouraged to submit a written statement in response to the complaint. The deadline
for doing so is seven working days after the date of formal notification of the investigation. The statement
should attach copies of any other documents on which the respondent wishes to rely.
20. Should the respondent not respond to communications or refuse to engage with the investigation
process, s/he will be deemed to have nothing to add to the investigation.
21. The investigator will consider statements and any other documents received from the complainant and
respondent as soon as practicable. NUS aims to confirm the outcome of its investigation to the
complainant, the respondent, and other interested parties including the respondent’s home union within 14
working days of the date of the formal notification of the investigation, subject to having been able to
contact all relevant parties within this time. If it is not practicable to comply with these deadlines, for
example due to relevant parties being on holiday, they may be extended by discretion, normally up to a
maximum of 7 further working days, set.
22. It should be recognised that being the subject of a complaint can be a difficult time for an individual,
and so NUS will undertake the investigation with appropriate discretion, care and consideration. If
appropriate communications with a respondent’s home students’
union will be addressed to the senior staff member or a representative of the trustee board. NUS will
endeavour to ensure all steps in the process remain fair and in line with equal opportunities policy and
procedures.
23. No NUS officer or representative should comment publicly on any incident that is being dealt with under
this procedure. Failure to observe this requirement will result in disciplinary action being taken under this
code.
Informal Procedures
24. Minor cases of misconduct and poor performance are best dealt with informally. It may be necessary to
issue an informal warning, but the Supervising trustee will ensure that these areas are discussed with the
objective of helping the member to make appropriate improvements. At this stage the member will be made
fully aware of what steps need to be taken to address the conduct issue. They will also be told when this
will be reviewed and over what period.
25. Members will be informed of what action will be taken if they fail to improve either their performance or
conduct (see below). Informal warnings and/or counselling are not part of the formal disciplinary procedure
and members should be made aware of this.
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Stages of Disciplinary Action
26. The Supervising trustee will decide whether a matter should be dealt with informally or formally under
the disciplinary procedure. Disciplinary panels and appeal panels will be made up of different people for
fairness.
27. There are different types of action that can be taken that vary in their severity. The disciplinary hearing
will decide the severity of the misconduct and the appropriate action.
28. These are:
28.1. Formal Verbal warning
28.2. Written warning
28.3. Termination or suspension of all membership entitlements or some act of partial suspension,
which in the case of employed elected officers could result in contract termination
Disciplinary Hearings
29. Before a decision is reached or any disciplinary action taken there will be a disciplinary hearing at which
the member will have an opportunity to state their case and answer the allegations that have been made.
The appointed investigator will present their findings at the disciplinary hearing.
30. The Panel will hear the case. The member will be notified of a disciplinary hearing in advance and will be
provided copies of statements given by any witnesses or other written evidence to be used. Hearings will
be arranged as far as possible at a mutually convenient time and place and the member will have the right
to be accompanied by a colleague or representative of their choice.
31. During a disciplinary hearing, the case against the member will be presented in detail by the appointed
investigator. If the member challenges the substance of the witness statements then witnesses may be
called to the hearing where the member or their representative will have the opportunity to ask them
questions.
32. Where disciplinary action is necessary the member will be informed of the decision. This will be in
writing and will state:
32.1. Detail of the misconduct that has resulted in the disciplinary action
32.2. The level of disciplinary action
32.3. Any recommendations/action required to prevent future disciplinary action
32.4. The consequence of failure
32.5. Details of the appeal mechanism
32.6. If appropriate the length of time the warning will last before it is disregarded.
Formal Verbal Warning
33. This will occur in cases of minor infringements and can be given by a member of the Panel. A note of
the warning will be kept on file for six months but then disregarded for disciplinary purposes. The warning
will be given in the presence of the panel and the member will be entitled to have a colleague or
representative present when the warning is given.
Formal Written Warning
34. This will occur when the infringement is more serious or is a failure to improve behaviour during the
currency of the previous warning and can be given by the Panel. A copy of the written warning will be kept
on file for twelve months but then disregarded for disciplinary purposes.
Suspension of benefits or other sanction
35. If a member’s conduct still fails to improve the final stage may be:
35.1. Partial Disciplinary suspension of membership entitlements
35.2. Temporary Disciplinary suspension of some or all membership entitlements.
Where a person, in a paid role, is suspended pending a hearing or whilst an investigation is carried out they
will continue to be paid by the organisation.
Disciplinary termination of all membership entitlements
36. The decision to suspend or terminate entitlements (as listed above) is taken by the Panel.
The member will be informed as soon as is reasonably practicable, of the following:
36.1. the decision and the reasons for the termination or suspension of entitlements,
36.2. the date on which the agreement between NUS and the member will terminate,
36.3. information on the right of appeal including how to make the appeal and to whom.
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37. The decision to suspend or terminate entitlements shall be confirmed in writing.
38. At any of the above stages the panel may resolve to:
38.1. recommend that the member should undergo training, where appropriate arranged through
his/her home student union.
38.2. exclusion from some or all future NUS events.
Summary Termination of Entitlements
39. In rare circumstances a member’s entitlements may be summarily terminated if it is established that
after investigation and hearing that there has been an act of gross misconduct, major breach of duty or
conduct that brings the organisation into disrepute.
40. Acts that may constitute gross misconduct are:
40.1. Theft, fraud and deliberate falsification of records.
40.2. Physical violence or threats
40.3. Deliberate damage to organisational or personal property
40.4. Serious incapability whilst representing NUS brought about through alcohol or
illegal drugs
40.5. Misuse of organisations property or name
40.6. Bringing the organisation into serious disrepute
40.7. Serious infringement of health and safety rules
40.8. Serious bullying or harassment
40.9. Sexual misconduct
40.10. Serious infringement of equal opportunities, safe space, no platform, safeguarding or staff
protocol policy
41. Because the ability to hold elected office in NUS is dependent upon membership status and one of the
rights and privileges of membership, termination of all entitlements would represent a termination of that
holding of office. In the case of employed elected officers, this would therefore represent a termination of
contract.
Suspension
42. In certain circumstances for example cases involving gross misconduct, where relationships have
broken down or where it is considered there are risks to property or the NUS’ responsibilities to other
parties, consideration should be given to a period of suspension of membership rights with or without
entitlements whilst an unhindered investigation is conducted.
43. Such a suspension should only be imposed after careful consideration and should be reviewed regularly
to ensure that it is not unnecessarily protracted. Excluding a member from participation in NUS activities is
not in itself a form of disciplinary action whilst the investigation is progressing. The member will be entitled
to seek advice, for example legal advice, the cost of which will be met by the member
44. Because the ability to hold elected office in NUS is dependent upon membership status and one of the
rights and privileges of membership, suspension of entitlements would represent a suspension of that
holding of office.
Appeals
45. A member will notify the Panel of their intention to appeal against disciplinary action within six working
days of receipt of the confirmation letter. The appeal should be made in writing stating the grounds upon
which the appeal is to be made and be received by the Panel within a further 10 working days.
46. An appeal hearing will normally be held within ten working days of receipt of the letter of appeal. An
appeal will be heard by a panel (see below), who have previously had no involvement in the case. The panel
shall be made of the following:
45.1 A Student Trustee
45.2 A Lay Trustee
45.3 A student officer from a students’ union
47. A member will have the right to be accompanied by a colleague or a representative of their choice. The
member will be notified of the results of the appeal in writing within five working days of the hearing.
48. Members should note that an appeal is designed to remedy any defects in the disciplinary process
rather than repeat the investigation of the disciplinary process. Therefore grounds for appeal are:
48.1. Unfairness of judgement
48.2. The severity of the penalty
48.3. New evidence coming to light
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48.4. Procedural irregularities
48.5. Extenuating circumstances
48.6. Bias of disciplining officer
48.7. Unfairness of the interview
49. Possible outcomes of an appeal
49.1. The appeal is upheld and the disciplinary sanction reduced or removed
49.2. The appeal is upheld and there is a request for a re-investigation or rehearing
49.3. The appeal is denied and the original decision is upheld
Recording Discipline
50. Accurate records will be kept detailing:
50.1. any breach of disciplinary rules or unsatisfactory performance,
50.2. the Member defence or mitigation,
50.3. the action taken and the reasons for it,
50.4. whether an appeal was lodged, its outcome and any subsequent developments.
51. These records are to be kept confidential and retained in line with the above disciplinary procedure and
the Data Protection Act 1998. Copies of any meeting records will normally e given to the individual
concerned (in certain circumstances information shall be withheld or example to protect a witness)
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Appendix C: NUS Employment Agreement for Full Time Officers
Name:
Address:
The National Union of Students (NUS) acknowledges that [insert name of officer] has been elected by
members to the office of: [insert name of position] from [insert start and finish date]
It is agreed:
1) You will hold office as a person elected under the Constitution of NUS and throughout tenure of
office will subject to the Regulations, Standing Orders and Byelaws for the time being in force.
2) As a full-time officer of the NEC you will have the following entitlements and responsibilities and be
subject to the following terms and conditions:
1.
Remuneration
a. NUS will pay a sum of £0,000 per annum on 21st of each month to full-time officers for
services rendered and pay expenses as agreed by Finance Committee.
b. This remuneration will be paid subject to Tax and National Insurance. Where appropriate,
inner or outer London weighting will be included with each payment.
c. The NUS may deduct any amount lawfully owed to the NUS from any payments due to the
officer, being remuneration or otherwise.
d. Following the agreement of your predecessor, a formal handover period of two weeks will
take place, and you will receive two weeks equivalent salary for this.
2.
Mobile Phone
a. As a full time officer of the NEC you will be issued with a Blackberry Bold mobile phone for
business use whilst you are in office. The package includes free calls to staff mobiles, all
office numbers, BT landlines (01, 02 numbers) and voicemail. It also allows 3000 texts per
month, access to calendar, email and unlimited web access. The blackberry also offers
office applications, facebook, twitter and spell check applications as standard.
All 0870/0845 numbers are chargeable, as are calls to other mobiles (orange, T-mobile
and O2).
You will be expected to adhere to the guidelines for use of mobile phone usage.
3.
Induction
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a. A NEC induction will take place during the initial period of office for all new NEC members.
The aim of the induction will be to introduce new NEC members to the different NUS
departments, functions and procedures.
4.
Mentors
a. NUS may offer staff mentors to new NEC members.
Mentors should help new NEC
members to become familiar with the procedures and processes of NUS. The mentor
should answer queries and assist in the orientation of the new NEC member.
5.
Leave Entitlement
a. You will be entitled to 23 days leave a year. The holiday period for NEC members is from
1st July to 30th June. You will not be reimbursed for unused holiday.
Christmas closure
b. NUS Offices close for 6 days over the Christmas period.
6.
Sick Pay entitlement
a. You will be entitled to up to 20 working days' paid sick leave a year. After 4 weeks, you will
receive 2 months' half pay and then revert to Statutory Sick Pay (apart from, in exceptional
circumstances, at the discretion of the President).
7.
Pension
a. In line with statutory requirements, NUS will designate a Stakeholder Pension Scheme for
which you will be eligible for membership.
8.
Maternity, Paternity and Parental leave
a. Maternity, Paternity and Parental leave will be granted in line with the relevant statutory
provisions, except that:
i.
Where the statutory qualifying conditions are met, the first six weeks of maternity
leave will be paid in full (pro rata for part-time officers)
ii.
Where the statutory qualifying conditions are met, the first two weeks of paternity
leave will be paid in full (pro rata for part-time officers)
9.
Season Ticket Loan
a. This is an interest free loan repayable on such terms agreed when the loan is granted.
Forms are available from the finance department.
10.
Childcare Allowance
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a. You are entitled to either claim childcare vouchers or receive a monthly childcare allowance
for dependent children up to the age of 13.
Forms are available on the G drive/HR
Share/Forms.
Childcare Allowance Rates
Monthly rates
11.
FT officer, child under 5 yrs
from July 2008
147.32
FT officer, child aged 5-12yrs
37.09
Expenses
a. Full time officers are able to claim

£10 overnight allowance when staying at NUS arranged accommodation

£25 overnight allowance when staying in your own arranged accommodation
All expenses and campaign expenditure must be budgeted for the year ahead, and agreed
by the NEC. Payment will be authorised when expenses are presented in accordance with
procedure and payment is conditional upon production of such receipts within two months
from the date the expense is incurred.
b. If expenses of whatever description are incurred on behalf of NUS without authorisation,
express or implied, and without following the due financial procedures, NUS reserves the
right to recover such sum from you personally.
12.
Criminal Records Bureau Check
a. As part of this agreement, and prior to you taking office, this post requires an enhanced
Criminal Records Bureau disclosure in accordance with the attached polices. All
convictions (spent or otherwise) must be declared.
13.
Officer Code of Conduct
a. NUS expects that officers:
o
act in accordance with the policies, codes and protocols set out in Clause 17 of this
agreement
o
conduct themselves in a dignified manner
o
respect the confidentiality of NUS
o
be responsible for carrying out the policy and mandates of NUS and work with NUS
when planning events and campaigns where NUS name is used.
o
acknowledge that NEC officers may be required to work unsociable hours including
evenings and /or weekends.
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o
abide by NUS rules regarding working time, the use of office premises and use of
equipment.
o
be bound by any byelaw the Executive may enact the Constitution governing the
execution of its duties.
o
acknowledge that the office holder may be removed from office under the provisions of
the constitution. Any cause for appeal will be heard by the Elections Committee whose
decision shall be final.
14.
Employment within NUS
a.
Elected full-time officers are not eligible to apply for staff posts for a period of 5 years from
the end of their term of elected office.
15.
Copyright
a.
Copyright, database rights, design rights and any other intellectual property rights in any
materials in any medium produced by you in your capacity as an elected full-time officer of
the NEC shall belong to NUS and you must return all such materials and any copies in your
possession to NUS on request. You shall only use the NUS logo when authorised in respect
of NUS and NUS-related matters.
16.
Policies, Codes, Protocols
a.
By virtue of your election to the National Executive Committee, the following policies, codes
and protocols, as administered by NUS, outline your responsibilities and rights (copies
attached):
17.
o
NUS Mission, Vision and Values
o
NUS Representative Disciplinary Policy
o
NUS Representative Bullying and Harassment Policy
o
NUS Safeguarding Policy
o
NUS Recruitment, Selection, Vetting Procedures
o
NUS Equality and Diversity Policy
o
NUS Financial Handbook
o
Staff Protocol
o
Events Protocol
o
Press and Public Affairs Protocol
Equal Opportunities and the No Platform Policy
a.
The No Platform Policy ("the Policy") adopted and revised from time to time by Annual
Conference in pursuance of these clauses, no elected officer may
April 2011
o
advocate racist or fascist views; or
o
be a member of any racist or fascist organisation (as defined by the NUS) ("the
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Policy prohibitions")
b.
By signing this agreement, you confirm that you are not in breach of either or both of the
Policy prohibitions. A false confirmation, or any subsequent breach of either of the Policy
prohibitions, will have the effect of bringing this agreement to an end and lead to your
removal from office by the appropriate procedure. For the avoidance of doubt, while any
such procedure is being implemented, you will be suspended from office.
18.
Internet Profiles (“Blogs”)
a.
It is the expectation of NUS that the terms of this Agreement will include, but are not limited
to, the content and administration of elected officers' blogs. NUS reserves the right to
delete blogs which are contrary to the terms of this Agreement or which expose NUS to any
form of legal liability.
19.
Breach of Agreement
a.
Any substantial breach of this Agreement may constitute a disciplinary offence and may
result in removal from office. NUS has the right to terminate any or all entitlements under
this agreement, as a result of such breach, as well as the use of NUS facilities and
equipment, following the due process procedures and codes for the time being in force.
b.
Such disciplinary action will not affect your elected office unless you are
democratically removed from office, in line with Section 33 of the Constitution.
20.
Cessation of office
a.
If, for any reason, you cease to hold office, all entitlements under this agreement will
automatically cease at the same time.
21.
Return of NUS property
a.
Upon leaving office or termination of this agreement (or any part thereof) for whatever
reason, all NUS property including (but not limited to) documentation, materials, papers,
keys and security fobs in your possession must be returned to either the National Secretary
or National President.
22.
The Constitution
a.
The Constitution may be amended from time to time in line with the rules of the
Constitution.
23.
Legal and financial responsibility
a. By signing this agreement, you are agreeing not to bring the organisation’s reputation into
disrepute, act illegally in your capacity as a full time officer, and will act with financial
prudence.
April 2011
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24.
Jurisdiction
a. This agreement shall be governed by and interpreted in accordance with the law of England
and Wales and shall be subject to the exclusive jurisdiction of the English courts for the
settlement of any disputes arising in relation to this agreement whether in respect of its
validity, interpretation, application, termination or otherwise.
25.
I have read and understood this agreement.
I acknowledge and accept the terms and
conditions set out above. I agree to abide by the above.
Signed:
Date:
Signed:
[insert name]
April 2011
Date:
National President
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Appendix D: Staff Student Protocols
Staff Student Protocol Agreement
1. Statement of Principle
1.1. This protocol agreement aims to regulate the accountability relationship between the members
and staff of Fibchester University Students’ Union
1.2. It is important that the accountability relationship is respected, particularly when commenting on
performance or work in public. The principles should be applied in all appropriate settings.
1.3. It is important that this protocol does not rule out a constructive day to day working relationship or
effective communication between members and staff. To this end both members and staff are
expected to uphold the principles of appropriate accountability within a culture of mutual support
and respect.
2. Definitions
2.1. A member of Fibchester University Students’ Union shall be defined as members, officers, trustees
and representatives of the union and members of all committees.
2.2. The staff of Fibchester University Students’ Union shall be defined as staff, managers, directors,
temporary staff, contractors and volunteers under obligation to Fibchester University Students’
Union.
2.3. This shall include individual staff, groups of staff, “the staff of Fibchester University Students’
Union”, and staff working for and at venues in use by Fibchester University Students’ Union
3. The Accountability Framework
3.1. Staff of Fibchester University Students’ Union are employed to carry out work on behalf of the
Executive Committee/Trustee Board. In the first instance staff are accountable to a designated
manager who in turn is accountable to the GM/CEO who is in turn accountable to the TB/Exec
through the President.
3.2. Staff duties and responsibilities are governed by job descriptions and the line of accountability is
an agreed term of employment and should be respected at all times and in all settings when staff
are engaged in work on behalf of Fibchester University Students’ Union. The purpose of this
protocol is to regulate these arrangements.
3.3. In addition, staff are employed subject to freely negotiated agreements between the Trustee
Board, management and the staff trade union. This Protocol does not affect these or any other
conditions of employment nor does it diminish any rights which staff have by virtue of their
membership of their trade union(s) or relevant employment legislation.
3.4. It is recognised in a democratic environment that elected members and or staff members feel able
to critically appraise the work of Fibchester University Students’ Union and or elected members.
3.5. Any direct criticism of Fibchester University Students’ Union staff by members should only be
raised through the procedure laid down in this protocol.
3.6. Any direct criticism of members by Fibchester University Students’ Union staff should only be
raised through the procedure laid down in this protocol.
3.7. Members should never name individual staff, groups of staff or “the staff of Fibchester University
Students’ Union” when criticising (positively or negatively) the work of Fibchester University
Students’ Union in public.
3.8. Members should take due care to identify the political responsibility for the area of work identified
for criticism and to frame such criticism (positively and or negatively) in such a way as to protect
staff.
3.9. Staff will never involve themselves in the democracy of Fibchester University Students’ Union; they
will refrain from public participation in or comment upon any democratic structures including
elections, council and referenda. This will not prevent staff from supporting elected officers to carry
out their duties as from time to time required by their line manager.
4. Protection from Harassment for staff
4.1. Staff are entitled to protection from verbal or physical harassment. A criticism of staff falling under
the definitions within this policy not raised through the procedures as outlined will be considered
as harassment.
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4.2. Fibchester University Students’ Union is prepared to offer protection as appropriate, should such
circumstances arise in the course of a staff member(s) undertaking their normal duties in line with
the established line management system.
4.3. Any harassment, physical or verbal abuse of Fibchester University Students’ Union staff may result
in the withdrawal of all staff servicing the situation or event where the harrassment\abuse has
taken place. In this event the relevant manager, the President or Sabb or Sabb and Trade Union
Representative will meet as soon as practically possible.
4.4. Wherever staff are subject to harassment, physical or verbal abuse, regardless of the events the
matter shall be recorded and reported to the President, CEO and Staff Trade Union for monitoring
at the Joint National Committee.
5. Procedure
5.1. The following procedure for dealing with staff matters should be understood in the context of the
above statements, and all members of the Union (as defined in 2.1 above) are expected to abide
by the principles of this Protocol at all times and in all settings.
5.2. It is recognised that there may be occasions when the procedures are not practicable, or possible,
but in such instances, the underlying principles should apply, namely:
5.3. The correct channel of communication concerning staff matters raised by members of Fibchester
University Students’ Union is through the appropriate structure of elected bodies and officers.
5.4. The correct channel of communication for a member of staff is through the established line
management structure with reference to all appropriate procedures for the avoidance of
grievances and disputes and in consultation with the trade union.
5.5. Neither members of Fibchester University Students’ Union, in any capacity, nor staff, should seek
to raise matters directly with the party who may be the subject of criticism.
5.6. The protocol shall apply to all criticism, expressed at events, and in all published media
6. Criticism of Staff by members
6.1. Should there be any occasion when a member of NUS wishes to raise a criticism of a member of
staff, a group of staff or “the staff of Fibchester University Students’ Union” this procedure should
be followed:
6.2. The matter should be raised with the President or Treasurer or Secretary.
6.3. The General Manager will be responsible for ensuring that the matter is discussed through the
established structures with the staff member, in consultation with the staff trade union.
6.4. Where action against the staff member is contemplated the normal disciplinary procedure will
apply, a reply will be conveyed through the President, or Treasurer or Secretary, to the member
who raised the matter
6.5. If the member is dissatisfied with the reply, the matter may then be taken to the Executive
Committee/TB, who can invite the staff member, with their trade union representative, the manager
and the complainant or their representative to be present
6.6. Only after the exhaustion of this procedure may a member raise the issue in the democratic forums
of the Union, in the context of debate on the Trustee Board’s handling of personnel matters. The
member shall not refer to the member of staff by name or position and shall not use this as an
opportunity to go over the details of their original complaint.
6.7. Where members of all committees of the union fail to abide by this procedure the matter will be
dealt with via the appropriate officer code of practice and shall be considered as harassment.
6.8. Where student members fail to abide by this procedure it is expected that the matter will be dealt
with by the appropriate body upon whom there is a responsibility to have procedures in place to
regulate the relationships as identified.
6.9. The Executive may also impose restrictions upon members as it sees fit to resolve.
6.10. The President may impose immediate restrictions where they deem necessary for a maximum of
28 days or until the Executive have had an opportunity to meet to discuss the imposition of
restrictions as in 6.4 (above). The use of “immediate restrictions” shall have no bearing or influence
on the Executives discussion or decision.
7. Criticism of Members
7.1. Should there be any occasion when a member of staff, a group of staff or their trade union wishes
to raise a criticism of a member of Fibchester University Students’ Union, this procedure should be
followed:
7.2. The member of staff may wish to first consult the trade union.
April 2011
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7.3. The matter should be raised, either by the member of staff or through the trade union, with the
appropriate manager, failing which, any member of the directorate team.
7.4. The manager will then discuss the matter with the President, Treasurer or Secretary
7.5. The President, Treasurer or Secretary, shall then raise the matter with the relevant member.
7.6. Any reply shall be conveyed by the President, Treasurer or Secretary
7.7. The manager shall then convey this to the staff member, who may wish the trade union to be
consulted
7.8. If the member of staff is dissatisfied, s/he may invoke the established grievance procedure.
7.9. Where a member of staff, a group of staff or their trade union fail to abide by this procedure, the
matter will be dealt with via the Fibchester University Students’ Union Disciplinary Procedure.
April 2011
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