On receipt of a formal complaint against a NAMM member the following disciplinary procedures will apply.

National Association of Memorial Masons

MEMBERS’ DISCIPLINARY PROCEDURE

Approved by General Council 17.01. 2025

Introduction

The purpose of this Disciplinary Procedure is to provide a framework within which members can be held to account to ensure satisfactory standards of service and conduct are maintained in the collective interest of the Association and its members. This Disciplinary Procedure will be reviewed by General Council every three years or sooner if deemed necessary.  

When accepted into membership and upon every annual renewal of membership all members of the Association agree to adhere to the current Articles of Association and byelaws which includes the members Disciplinary Procedures. Once a decision has been made in accordance with the Disciplinary Procedure, it is final, and all members agree to abide by the decision.

Any complaint or issue of concern raised against a member of the Association shall in the first instance be referred to the Head Office of NAMM and be considered by the Head Office staff and National Executive Officer.

Should Head Office not be able to resolve the issue satisfactorily or consider it to be beyond their remit to settle the relevant details will be passed to the Membership Committee for their consideration.

If the Membership committee is unable to resolve the issue or, in their reasonable opinion, consider it to be of sufficiently serious nature or risk putting the Association into disrepute the details will be forwarded to NAMM General Council.

General Council as the ultimate authoritative body of the association will then determine and apply any disciplinary action deemed necessary to maintain the collective interest of the Association and its members in accordance with this Disciplinary Procedure and the Articles of Association.

The National Association of Memorial Masons Limited is registered under the jurisdiction of England and Wales. Any dispute or claim arising out of or in connection with the application of these Disciplinary Procedures or its subject matter shall be governed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction. 

A record will be kept of each complaint or issue and its conclusions.

Definitions

Member: A Company or Business as defined in the Memorandum and Articles.

Minor Offence: An issue not involving a direct breach of the Association’s Memorandum and Articles, Bye-laws, Codes of Ethics and Business Practice or Code of Working Practice.

Breach: A direct breach of the Association’s Memorandum and Articles, Bye-laws, Codes of Ethics and Business Practice or Code of Working Practice.

Gross Misconduct: A serious breach and includes misconduct which, in the opinion of General Council, is likely to prejudice the Association or the reputation of the Association or irreparably damage the working relationship and trust required between the Association and its Members. The following are examples (not exhaustive) of matters that would generally be regarded as gross misconduct: an action which may bring the Association or another Member into disrepute, failure to uphold a ruling of the Membership Committee or Appeals Committee within the allotted time, theft, fraud or dishonesty, serious misuse of the Association’s name, causing loss, damage or injury through negligence, serious breach of The NAMM Code of Working Practice or health and safety regulations, a serious breach of confidence or any other action which General Council may deem to be gross misconduct. As the Associations’ governing body General Council alone has the ultimate authority to determine Gross Misconduct. In the case of NAMM General Council determining that a member has committed gross misconduct the member may be excluded from membership with immediate effect.

Preliminary steps

On receiving the relevant  details from head office, the Membership Committee will establish the facts of the matter and give the Member concerned opportunity to make representation. If the issue is considered a Minor Offence, and if it is appropriate to the circumstances, the Membership Committee will offer help and advice to the Member concerned to try and resolve the problem. If the issue is more serious in its nature and there is reasonable evidence of the issue, formal address must be made immediately to the Member. If the matter isn’t resolved immediately, or the Membership Committee reasonably believes it cannot be resolved immediately, it will instigate the following Disciplinary Procedure.

First Disciplinary Warning

Where a complaint or disciplinary issue concerning a Member has been considered by the Membership Committee and the Member has been found to be in Breach of the Articles or code of conduct. The Association shall send to the Member concerned, in writing, by registered post, a First Disciplinary Warning, requiring the Member to rectify the matter in the manner specified by the Membership Committee and within the period of time given, usually between one and three months. However, the timeframe for rectification could be shorter depending on the complaint or disciplinary issue (such as an immediate health and safety issue).

If the Member concerned does not accept the findings of the Membership Committee as set out in the First Disciplinary Warning, the Member will have the right to appeal in writing, within fourteen days of the date of the warning in accordance with the Procedure for Appeal. The right of appeal and its procedure will be explained at the same time as the warning is given. If the Member appeals, an Appeals Committee will be appointed to hold a Disciplinary Hearing in order to consider the matter, which the Member will be invited to attend. The decision of the Appeals Committee will be final, and there will be no further right of appeal after the Appeals Committee has made their decision.

A First Disciplinary Warning will remain on file for six months, after which time it will be removed from the Member’s file and archived unless, during that six-month period, a Second Disciplinary Warning is issued.

Second and Final Disciplinary Warning

If the Member concerned fails to resolve the breach in the manner and within the time set out in the First Disciplinary Warning, or the breach is considered sufficiently serious to warrant a higher disciplinary warning in the first instance, a Second and/or Final Disciplinary Warning may be issued by the Membership Committee.

The Second and Final Disciplinary Warning will require the Member to take immediate steps to resolve the matter, as specified.

If the Member does not accept the findings of the Membership Committee, as set out in the Second and Final Disciplinary Warning, the Member will have the right to appeal in writing, within fourteen days of the date of the warning in accordance with the Procedure for Appeal. The right of appeal and its procedure will be explained at the same time as the warning is given. If the Member appeals, an Appeals Committee will be appointed and will hold a Disciplinary Hearing in order to consider the matter, which the Member will be invited to attend. The decision of the Appeals Committee will be final, and there will be no further right of appeal after the Appeals Committee has made their decision.

Should a Second and/or Final Disciplinary Warning be issued, the warning will remain on file for twelve months.

Should the matter remain unresolved following a Second and/or Final Disciplinary Warning, the Membership Committee shall refer the matter to General Council to decide whether or not the Member concerned should be excluded from membership of the Association.

If the Membership Committee considers that the Member is in serious Breach of the Memorandum and Articles of the Association, the Codes of Ethics and Business Practice or any other agreements or regulations adopted by the Association relating to conduct of Members or any relevant findings adopted by the Association’s Conciliation and Arbitration Service, the Membership Committee shall refer the matter for the direct attention of General Council who may determine if the member has committed gross misconduct. The Member will be invited to address General Council to explain their actions leading to this referral from the membership committee. A decision by General Council to exclude a Member from membership of the Association for Gross Misconduct is final, and the Member has no right of appeal to this decision. 

In the event that a Member accrues three disciplinary warnings concurrently, the Membership Committee may refer the matter to General Council to decide whether or not the Member concerned should be excluded from membership of the Association.

General Council will take into account the disciplinary rulings and the nature of the repeated breach/s and the Member will be invited to give an explanation to General Council. General Council reserves the right to exclude the Member from membership of the Association. A decision by General Council to exclude a Member from membership of the Association is final, and the Member has no right of appeal to this decision.

Appeals Committee: Where possible, the Appeals Committee will consist of three full retail members of the Association (chosen by Management) none of whom are Members of the Membership Committee or have businesses in the same Geographical region as the Member being disciplined.

Procedure for Appeal: A Member accused under the Association’s Disciplinary Procedure has the right of appeal against the ruling of a First, Second or Final Written Warning.

For An Appeal to be considered it must be made in writing within fourteen days of the date of the ruling. The written appeal must clearly state the reasons for not accepting the Ruling and must include any mitigating or substantiating evidence, together with photographs, correspondence, written statements and any other new evidence in addition to any evidence previously submitted by the Member. The Member has the right to be accompanied at the hearing, provided the person accompanying is named prior to the hearing, and acting reasonably, it is deemed appropriate by the Appeal Committee for that person to accompany the Member. Once an Appeal Hearing has been granted, the Member will be given a date for the hearing of not less than fourteen days and not more than twenty-eight days from the granting of the Appeal. In the event that the Member fails to appear at the hearing, a ruling will be made in their absence.

Any Member determined to have committed an act of Gross Misconduct by a decision of General Council does not have a right of appeal, the decision of General Council is final.  

Gross Misconduct

Only General Council can decide an act of gross misconduct.

If General Council determines a Member has committed an act or acts of Gross Misconduct, General Council may rule that the Member be excluded from membership with immediate effect.

  The Member will have no right of appeal to the decision of General Council.

Exclusion

In the event of any ruling by the Membership Committee or the Appeals Committee not being complied with, the Association reserves the right to pass the matter to General Council who may decide to exclude the Member from membership of the Association at any stage in the Disciplinary Procedure. A decision to exclude a Member from membership of the Association made by General Council is final, and the Member has no right of appeal to this decision.

That being said, an excluded Member does have the right to re-apply for membership after two years from the date their membership ceases, when the case will be re-considered.

However, if during this period the member is able to provide any new evidence relevant to the initial decision of general council to exclude them from membership General Council may at their discretion decide to review the case earlier.

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