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NFSP BRANCH SECRETARIES’ TRAINING
REPRESENTING MEMBERS
RTUs and Appeals
NFSP Branch Secretaries’ Training Programme
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COURSE OBJECTIVES
At the end of this session you will be able to:
e Explain why it is important for an organisation to have a clear
disciplinary procedure that lays down standards of performance
or conduct.
e Explain the two different types of action that PON will consider
when dealing with Subpostmasters who are thought to be in
breach of their contract.
e Outline the Stages of the PON contract application procedures
and the main issues for consideration at each of those stages.
e Using the case studies provided, identify the appropriate PON
action. Explain the steps to be taken to prepare to represent
the member and the arguments to be used at interview.
e Demonstrate through role play how to represent a member's
case in an RTU interview.
Representing Members: RTUs and Appeals
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RTUs AND APPEALS
¢ Poor Performance
¢ Misconduct
e Suspension
e Reasons to Urge (RTU) Interviews
e Appeals Procedure
Representing Members: RTUs and Appeals
OHP3
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DISCIPLINARY RULES
Why have them?
e Clear Rules benefit both Company and Individual
e Set standards of conduct and performance at work
e People know what is expected of them
e Provides for fairness and consistent treatment
Representing Members: RTUs and Appeals
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WHY HAVE DISCIPLINARY PROCEDURES?
Procedure is the means by which
e Rules are observed
e Standards are maintained
e Short comings are dealt with
e Need for dismissals is reduced
e People do the right thing at the right time
Representing Members: RTUs and Appeals
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RULES AND PROCEDURES SHOULD BE:
Written down
Clear and unambiguous
Non discriminatory
Readily available
Explained to all new people
Reviewed periodically
Fully understood
Representing Members: RTUs and Appeals
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TYPICAL DISCIPLINARY PROCEDURE
e Formal oral warning
Appeal
e Written warning
Appeal
e Final written warning
Appeal
e Dismissal
Appeal
Representing Members: RTUs and Appeals
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Representing Members: RTUs and Appeals
OHP8
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PON GUIDELINES : MISCONDUCT
e Suspension
Subpostmaster advised
Remuneration withheld
PON Investigations
Temporary Subpostmaster
¢3 month review
eRTU Interview
Reinstatement/Summary Termination
eRight to Appeal
Representing Members: RTUs and Appeals
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SUSPENSION — WHY?
e Arrest
e Civil or Criminal proceedings
e Dishonesty suspected
e Public scandal
« Bankruptcy and receivership
Representing Members: RTUs and Appeals
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WHAT ARE SUBPOSTMASTERS’ RIGHTS?
Performance
e Subpostmaster should be given an opportunity to
provide a written explanation of their conduct and PON
allegations made against them
e Contract provides for subpostmaster to meet Retail
Network Manager at their discretion, which “will not
normally be withheld’
e Subpostmaster has the right to be accompanied at the
interview by an NFSP Official, who must not be involved
in the case.
Representing Members: RTUs and Appeals
OHP11
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WHAT ARE SUBPOSTMASTERS’ RIGHTS?
Misconduct
e Subpostmaster must be told in writing the specific charge
and that summary termination might be the outcome.
e Subpostmaster should have the right to attend a face to
face interview with the RNM to answer the charge — the
Reasons to Urge interview.
e Subpostmaster has the right to be accompanied at the
RTU interview by an NFSP Official, who must not be
involved in the case.
Representing Members: RTUs and Appeals
Case Studies
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WHAT SHOULD PON SAY?
e State the specfic charge
e Adequate notice of the RTU interview
e Outcome could be Summary Termination
e Subpostmaster can receive all relevant information
Representing Members: RTUs and Appeals
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PREPARING FOR AN RTU
¢ Need adequate time to prepare
e Has PON investigated promptly and established all the
facts?
e Ensure you see any evidence PON is using in supporting
its allegations before the interview.
e Make notes on the facts and statements made by any of
parties involved
e Keep the case confidential
Representing Members: RTUs and Appeals
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THE RTU INTERVIEW
Identify the Issues
e Assess strengths and weaknesses
e Answer the RTU charge
e Is the charge appropriate?
e What is the best possible outcome for the member?
Representing Members: RTUs and Appeals
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PRESENTING THE CASE
e Diary of events
e Arguments to be used in defence
e Record all relevant facts
¢ Challenge charge where evidence supports defence
e What is best practice?
e Was the member following correct procedure?
Representing Members: RTUs and Appeals
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THE DOS AND DONTS
e Need to retain NFSP credibility
e Be Firm and assertive, but not aggressive
e Be Factual
e Stay calm — do not allow yourself to lose control of
the situation through anger or frustration
e Follow your prepared notes
Representing Members: RTUs and Appeals
OHP17
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THE APPEALS PROCEDURE
e Appeal may be in writing or through face to face interview
e 10 days to appeal
e Appeals Manager from National Appeals Panel
e Appeal Hearing within six weeks
e Outcome advised two weeks later
Representing Members: RTUs and Appeals
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CASE STUDIES
e What is the context?
e What is current performance?
e What is PON likely to look to achieve?
e What is an appropriate outcome?
Representing Members: RTUs and Appeals
Case Studies