Law 3: The Conditions of Membership

3.1 Enjoyment of the benefits of membership are conditional upon the proper conduct of members and such benefits may be subject to conditions or may be withdrawn in the event that it is shown that a member’s conduct is in contravention of the values or policies of the Union or is a breach of the Constitution or Laws of the Union.

3.2 The use of licensed facilities by members is at all times subject to the discretion of the licensee or designated manager who may take such action as they deem appropriate to maintain good order on licensed premises. For the avoidance of doubt such discretion shall not be subject to the exercise of the disciplinary procedure shown below and shall include the power to prohibit access to licensed premises.

3.3 Should a member wish to complain about the conduct of another member they may do so by submitting the complaint in writing to the Secretary to the Board of Trustees . The complaint will then be investigated and the outcome of the investigation advised to the complainant.

3.4 In the event that on investigation of a complaint against a member of the Union it is resolved that the complaint be processed through disciplinary proceedings then the following procedure shall be applied:

(i) the Secretary to the Board of Trustees shall forward a copy of this procedure to the member concerned and advise them in writing of the nature of the complaint and the outcome of the investigatory process. In so doing the member shall be advised that if they have the right to contest the complaint and that if they wish to do so they should advise the Secretary to the Trustees in writing within 7 working days.

(ii) where the member does not indicate that they wish to contest the complaint then the matter will be considered by the Disciplinary Sub Committee of the Board of Trustees . The Secretary to the Board of Trustees shall advise the member concerned of the decision of the sub-committee.

(iii) where the member does indicate that they wish to contest the complaint then the Secretary to the Trustees will arrange to convene the Disciplinary Sub Committee of the Trustees. The Secretary to the Trustees will advise the member concerned in writing of the composition of the Disciplinary Sub-Committee, the date, time, and place of its meeting, the rights of the member to attend the meeting, to be accompanied by another member of the Union of their choice, and to call witnesses.

(iv) the Disciplinary Sub-Committee may conduct its proceedings as it deems appropriate provided that at any disciplinary hearing the member concerned will be given full opportunity to contest the complaint.

(v) following the hearing the Disciplinary Sub-Committee shall meet in private to resolve whether to uphold or to dismiss the complaint. If the decision is to uphold the complaint then the Disciplinary Sub-Committee shall decide what sanctions, if any should be applied to the member concerned. Such sanctions may include the partial or full withdrawal of the privileges of membership for such period of time as is reasonable given the nature of the offence and, to seek financial redress for any loss or damage suffered by the Union.

(vi) the Secretary to the Board of Trustees shall within 7 working days advise the member concerned in writing of the resolution of the Disciplinary Sub-Committee indicating that if the member wishes to appeal the decision they should indicate that wish in writing to the Secretary to the Board of Trustees within 7 working days.

3.5 In the event that the member does so indicate that they wish to exercise their right to appeal the following procedure shall be applied:

(i) The Secretary to the Board of Trustees shall agenda the appeal for consideration at the next scheduled meeting of the Board of Trustees. The Secretary to the Board of Trustees will advise the member concerned in writing of the time, date, and place of that meeting and the rights of the member to attend the meeting, and to be accompanied by another member of their choice.

(ii) when acting as the Disciplinary Appeals Panel the Board of Trustees may conduct their proceedings as they deem appropriate provided that at such hearings any Trustee having served on the Disciplinary Sub Committee shall absent themselves from the appeal proceedings and that the member concerned shall be given full opportunity to present their appeal.

(iii) following the hearing the Disciplinary Appeals Panel shall meet in private to resolve whether to uphold or to vary the decision of the Disciplinary Sub Committee.

(iv) the Secretary to the Board of Trustees shall within 7 working days advise the member concerned in writing of the decision of the Disciplinary Appeals Panel.

(v) the decision of the Disciplinary Appeals Panel shall be final.

3.6 Where a complaint against a member alleges serious misconduct then the Secretary to the Board of Trustees shall, in consultation with the Chairperson of the Board of Trustees, have the power to suspend the member from all or part of the benefits of membership pending the disciplinary hearing.