Hesket Newmarket Community Shop
Complaints, Disputes and Concerns Policy
1. Background:
We have put the following policy in place to address any situations where a complaint may arise that involves any member of the Hesket Newmarket Community Shop Limited, a member of our Management Committee, an employee or volunteer in matters involving a dispute or a complaint being lodged. This policy does not cover disputes between the Society and paid employees or volunteers working for the Society. Such disputes are delt with in our HR policies.
Who we are: We (or ‘us’ or ‘our’) means the Hesket Newmarket Community Shop Limited, Community Benefit Society.
What do we mean by a ‘member’: References to a ‘member’ relates to Shareholders of Hesket Newmarket Community Shop Limited, Community Benefit Society.
What do we mean by the ‘Society’: Any reference to the ‘society’ means Hesket Newmarket Community Shop Limited, Community Benefit Society.
All complaints will be taken seriously and investigated in an unbiased, impartial and timely manner.
2. How do I Raise a Complaint, Dispute or Concern?
If you have a complaint, dispute or concern, you can make us aware in several ways: either verbally, in person; by phone, email to hesketnmshop@gmail.com or by writing to us. They should be raised as soon as possible after the incident occurred, but no later than 30 days from the date of the incident.
Guidance on raising a complaint, dispute or concern:
- If a situation arises that may give rise to a complaint. You should ideally make a note of the incident and any related discussions. Your note should include when the incident happened, where it happened, who was involved, and any witnesses who may have seen or heard it. These notes may be required if a formal complaint is made. If you are unable to make a note of the incident your complaint will still be investigated.
- You may be asked about the impact that the incident is having on you and/or your role within Hesket Newmarket Community Shop.
- You may be asked what, if any, actions you have personally taken to resolve the matter.
- You should consider how the matter could be resolved and the outcome you seek.
3. Informal Complaint Resolution Process:
This will be the initial process to follow if a situation arises where someone has a complaint or grievance relating specifically to one of our members, a member of our Management Committee, one of our employees or volunteers, or about their allocated activity. The process starts with a discussion between the person making a complaint and an independent member of our management committee. This will be an informal conversation which will involve sharing the experience of the situation that has led to the complaint. The aim of the conversation is to establish the circumstances of the complaint and to clarify the needs and expectations of the person raising a complaint. The outcome of the informal process may be the development of a mutually agreed way forward, or it may lead to more formal action being undertaken.
4. Making the Formal Complaint:
A formal complaint must be made in writing, either by post or email, and submitted to the chairperson or secretary of the society. If the complaint involves either of these individuals, the formal complaint should be addressed to another member of the management committee. All complaints should be made as soon as possible, but no later than 30 days from the date of the incident.
We will acknowledge receipt of a complaint as soon as possible and within 14 days.
We will make every effort to ensure that formal complaints are resolved within 30 days of receipt, or within a specified time as discussed and agreed with the person making the complaint.
5. Formal Investigation:
Our chairperson, or nominated member of the management committee, will arrange to hold a formal discussion with those making a formal complaint. This will be a face-to-face meeting and notes will be taken by an independent person. A copy of the notes will be shared with each party before being agreed. Each party will be given a copy of the agreed notes. Where two or more people want to make a complaint, each will be treated as an individual complaint unless those making the complaint request otherwise.
Those making a complaint may bring a friend or colleague to support them during the meeting. However, those in support cannot contribute to the meeting.
The chairperson, or nominated individual, will investigate the complaint including, where necessary, consultation with other employees, volunteers, members, or management committee members who may have witnessed the incident or been party to the incident. The complaint will be considered in the context of existing policies, established procedures and applicable legislation.
If the complaint is against a member, the member will be made aware of the complaint against them and will be invited to respond to the complaint to the management committee. The member will have 14 days to respond in writing.
6. Reporting the Outcome to the Management Committee:
Once the formal investigations are complete, the chairperson, or nominated individual, will present a report of their findings to the management committee for discussion. Any member of the management committee or other person involved in the complaint meeting/s will be deemed to be an interested party with a conflict of interest and will not take part in these discussions.
The report format will follow ACAS examples: www.acas.org.uk/investigation-plan-and-report-templates.
7. Reporting the Outcome to the Person Making the Complaint:
The management committee will review the report and a decision regarding any actions to be taken will be made. A response to the person making the complaint will be provided, in writing, following the meeting at which the matter was discussed.
8. Internal Appeal Process (Relating to Members):
A member can appeal the decision made by the management committee in a special members meeting. This meeting will be called within 21 days of the request being made to hold an appeal meeting by the member concerned. An impartial observer will attend to record the proceedings.
9. Formal External Complaint Resolution Process:
Should any complaint not be resolved internally by the management committee, those making the complaint, or the management committee, may consider consulting with an independent and neutral person within the community or have both parties agree to an arbitrator or mediator being appointed.
The Society is a member of the Plunkett Foundation (https://plunkett.co.uk/) They sponsored our registration with the Financial Conduct Authority and we adopted their Model Rules. In the event of an unresolved dispute between the Society, or a member of the management committee, and a member (or a person who has ceased to be a member within the previous six months), and only after all other avenues have been explored, either party can make an application to the Chief Executive of the Plunkett Foundation, seeking the appointment of a sole arbitrator who will act in accordance with the Arbitration Act 1996 and such person’s decision shall (including any decision as to the costs of the arbitration) be final.
10. Disciplinary Action – Removal of Members:
If, having received a complaint about a member of the Society, the management committee may authorise disciplinary action or, in exceptional circumstances, the termination of membership if a member has been found to have acted in a way that brings the Society into disrepute.
In the event that a proposal is made to remove a member, the management committee will arrange a separate meeting with the sole purpose of considering the removal of that member.
Details of the complaint will be sent to the member concerned at least 14 days before the meeting, with an invitation to respond to the complaint and to attend the meeting. At that meeting the management committee agree (to be agreed by not less than two-thirds of the committee members present) to expel the member who is being considered for removal. Other potential options could be to dismiss the complaint and take no further action or, for a period not exceeding 12 months, to suspend the rights of the member complained of to attend members’ meetings and vote under the Rules.
The outcome of the meeting to consider the complaint will be sent to the member concerned in writing and will set out the reasons for the decision reached. There will be no right of appeal by the member.
A response to the person making the complaint will be provided, in writing, within 30 days of the meeting held to consider the complaint.
11. Disciplinary Action – Removal of Management Committee Members:
If, having received a complaint about a member of the management committee, the committee members may agree disciplinary action, or the removal of a management committee member for a serious breach of the Code of Conduct (as detailed in the Governance Policy), or having not performed the duties which they agreed to perform or could reasonably have been expected to perform.
Details of the complaint will be sent to the committee member concerned, in writing, not less than 14 days before the meeting where the matter will be discussed, with an invitation to answer the complaint and attend the meeting.
The letter to the committee member concerned will set out the reasons for the intention to remove them from office. The committee member will have 14 days to respond in writing.
The outcome of the meeting will be sent, in writing, to the committee member concerned and will explain the reasons if termination as a committee member is the result. There is no right of appeal.
A response to the person making the complaint will be provided, in writing, within 30 days of the meeting.
12. Confidentiality:
Everyone involved with a complaint must ensure that the matter remains confidential. All complaints will be investigated both confidentially and objectively, with respect for the rights and privacy of all those involved. Our Privacy Policy will protect personal information.
Anyone appointed to conduct an investigation into a complaint will advise all those involved that they will be expected to treat the matter as confidential, and that they may be disciplined if they breach confidentiality.
13. Violation, Failure to Take Action, Fraudulent or Malicious Behaviour:
In the event that any member of the management committee, member, employee or volunteer violate this policy, and/or fails to take action when advised of the violation, then they will be subject to disciplinary action themselves, which may result (but not limited to) being removed as an employee, volunteer or removal from the management committee.
Disciplinary action will also be taken if a complaint is found to have been made fraudulently or with malicious intent.
14. Refusal of Application for Membership:
In exceptional circumstances, the management committee has absolute discretion to refuse any application for membership. Were this to happen, the applicant refused membership can ask the secretary for the reason forthe refusal. Any decision to refuse membership will be discussed, agreed and minuted at a committee meeting before informing the applicant.
15. Review:
This policy will be reviewed as necessary and at least annually.
Signature (Chair): Philippa M R Groves
Date: 31st July 2024
Signature (Secretary): Michelle Boundy
Date: 31st July 2024
Annex 1
Contact details of the Management Committee