10. Disciplinary procedures
10.1 To ensure that the Council standards are maintained and that all participants to the Registration Scheme are operating uniformly to these standards, the Cemeteries Manager will operate a disciplinary procedure which shall be applied fairly to all participants of the scheme.
10.2 The disciplinary procedure will be based on the Rules of this Registration Scheme:
Stage 1: Minor Breach of the Rules or Specification
A minor breach of the Rules or Specification may result in a Verbal Warning given by the Scheme Administrator, assuming the breach is corrected timeously. A Verbal Warning will be maintained on the memorial mason’s record for a period of Twelve Months (12 months) then, if no further breaches occur, the warning will be removed from the record.
Stage 2: Breach of the Rules or Specification
A breach of the Rules or Specification may result in a Written Warning issued by the Scheme Administrator, assuming the breach is corrected timeously. A Written Warning will be maintained on the memorial mason’s record for a period of Eighteen Months (18 months) then, if no further breach occurs, the warning will be removed from the record.
Stage 3: Subsequent Breach of the Rules or Specification
If, during the 18 month period, imposed by Stage 2, another breach of the Rules or Specification is committed, or the original Stage 2 breach is not rectified timeously or to the satisfaction of the Scheme Administrator, this will result in the issuance of a Final Written Warning. A Final Written Warning shall be maintained on the memorial mason’s record for a period of Thirty Six Months (36 months) then, if no further breach occurs, the warning will be removed from the record.
10.3 Gross Misconduct
10.3.1 Certain circumstances shall be considered Gross Misconduct and will not be subject to the above stages of the disciplinary procedure. The Cemetery Manager will decide, at their discretion, the instances of Gross Misconduct.
The following list - though not exhaustive - will be considered as Gross Misconduct:
• Installation or erection of a memorial not approved by Wirral Council.
• Refusal to rectify an error in the installation or erection of a memorial when instructed to do so by the Supervising Officer.
• Abusive or aggressive behaviour to any Council staff or members of the public.
• Failure to adhere to the Council Cemetery Management Rules or the Conditions of Permit Application.
• Causing nuisance, soliciting or promoting business within the curtilage of the Councils’ cemeteries.
10.4 Exclusion from the Registration Scheme
10.4.1 Exclusion from the Registration Scheme will result when memorial masons are found guilty of Gross Misconduct or commit a further breach of the Rules or Specification whilst the 36 month term, as described in Stage 3, is in effect. An exclusion from the Registration Scheme will be for a period of Two Years (2 years), during this period a memorial mason will be forbidden to undertake any work whatsoever within the Council’s cemeteries. In instances of exclusion for Gross Misconduct, the Scheme Administrator may consider advising other local authorities of the circumstances, at their discretion.
10.5 Re-registration to the Scheme following an Exclusion
10.5.1 Any memorial mason re-registering on the Registration Scheme following exclusion will be monitored for a period of Eighteen Months (18 months). A memorial mason committing any breach of the Rules or Specifications, or an act of Gross Misconduct, during that period will be excluded from the Registration Scheme for an undetermined period, but not less than Thirty Six Months (36 months), at the discretion of the Scheme Administrator.
10.6 Disciplinary Procedure Appeal
10.6.1 A memorial mason not satisfied with treatment under the Disciplinary Procedures is entitled to appeal against any decision taken under these procedures. All appeals shall be made in writing within two weeks following the disciplinary decision, stating the reason for the appeal and only these reasons will be admissible at the appeal.
10.6.2 In the first instance, an appeal will be heard by the Head of Service. In the event of a failure to reach a conclusion, the memorial mason shall be entitled to make a Final Appeal, in writing, through the Council’s formal complaints procedure.