1.38 Each of the Participants and hubco shall in the first instance seek to resolve by discussions between them any complaints from any employee or any recognised trade union in relation to compliance by hubco or any Partnering Subcontractor with its Code Obligations.
1.39 Where it appears to a Participant or hubco that it is not possible to resolve the matter by continuing discussions between them pursuant to paragraph 1.38 or where an employee of hubco or any Partnering Subcontractor or any recognised trade union writes to the relevant Participant to confirm that it has been unable to resolve its compliance directly with hubco or any Partnering Subcontractor in relation to hubco's or the Partnering Subcontractor's Code Obligations:
1.39.1 the Participant shall first write to hubco to seek an explanation for the alleged failure by hubco or any Partnering Subcontractor to comply with its Code Obligations. hubco shall or shall procure that the relevant Partnering Subcontractor shall provide such an explanation within five (5) Business Days of receipt of the request from the Participant;
1.39.2 if the response provided by hubco or Partnering Subcontractor satisfies the Participant that the Code Obligations have been met, then the Participant will inform the complainant of this and the matter will be deemed to have been concluded;
1.39.3 in the event that the Participant is not satisfied with the response provided by hubco or any Partnering Subcontractor, the Participant shall write to hubco within five (5) Business Days to require hubco to take immediate action to resolve dispute; and
1.39.4 if, following such a request by a Participant, hubco or any Partnering Subcontractor still appears to the Participant not to be complying with its Code Obligations, the matter shall be dealt with in accordance with the New Employee Dispute Resolution Procedure.