Convictions and disciplinary action

20.5  hubco (to the extent permitted by Law) shall procure that all potential staff or persons performing any of the Partnering Services who may reasonably be expected in the course of their employment or engagement to have access to children, the elderly or vulnerable adults, and/or to persons receiving Clinical Services (each a "Named Employee"):

20.5.1  (other than Transferring Participant Employees): 

(a)  are questioned concerning their Convictions prior to commencing such employment or engagement; 

(b)  have consented to hubco or the relevant Partnering Subcontractor obtaining an enhanced disclosure under Part V of the Police Act 1997; and 

(c)  are not so employed or engaged unless hubco or the relevant Partnering Subcontractor has carried out such an enhanced disclosure check under Part V of the Police Act 1997 in respect of such Named Employee; and

20.5.2  are questioned during the term of their employment or engagement concerning any Convictions which arise during the term of their employment or engagement.

20.6  hubco shall procure that (other than Transferring Participant Employees) no person who discloses any Convictions, or who is found to have any Convictions following a request for an enhanced disclosure check, is employed without the Participants' Representatives prior written consent (such consent not to be unreasonably withheld or delayed).

20.7  hubco shall procure that the Participants are kept advised at all times of any member of staff who, subsequent to his/her commencement of employment as a member of staff, receives a Conviction or whose previous Convictions become known to hubco (or any employee of a Partnering Subcontractor).

20.8  Any Participant's Representative (acting reasonably) may instruct hubco to procure that appropriate disciplinary action is taken against any employee of hubco or any Partnering Subcontractor (in accordance with the terms and conditions of employment of the employee concerned) who misconducts himself or is incompetent or negligent in his duties or who any Participant has reasonable grounds for believing that their presence or conduct on the Facilities or at work is otherwise undesirable.  The Participants shall co-operate with any such disciplinary proceedings and shall be advised in writing by hubco of the outcome.

20.9  hubco shall procure that there are set up and maintained, by it and by all Partnering Subcontractors, personnel policies and procedures covering all relevant matters (including discipline, grievance, equal opportunities and health and safety).  hubco shall procure that the terms and the implementation of such policies and procedures comply with Law and Good Industry Practice and that they are published in written form and that copies of them (and any revisions and amendments to them) are forthwith issued to the Participants.