2.1 The parties shall exhaust all normal local procedures before invoking the ADR contained in this Schedule Part 15 (Transfer of Employment and Pensions). For the avoidance of doubt, this shall mean that:
2.1.1 where any complaints arise from employees and/or recognised trade unions those organisations should, in the first instance, seek to resolve any such complaints directly with hubco or any Partnering Subcontractor and hubco or any Partnering Subcontractor and/or their subcontractors shall enter into discussions with such employees and/or recognised trade unions and shall use their best endeavours to resolve any such dispute;
2.1.2 where it appears to any of the Participants that hubco or any Partnering Subcontractor and/or their subcontractors are not meeting its obligations under paragraphs 1.33 to 1.39 of Section 1 (General) of Schedule Part 15 (Transfer of Employment and Pensions), or where an employee of hubco or a Partnering Subcontractor and/or their subcontractors or any recognised trade union writes to any of the Participants to confirm that it has been unable to resolve its complaint directly with hubco or any Partnering Subcontractor and/or their subcontractors under paragraph 2.1.1 above, the Participant shall first write to hubco to seek an explanation for alleged failure by hubco or any Partnering Subcontractor and/or their subcontractors to comply with paragraphs 1.33 to 1.39 inclusive of Section 1 (General) of Schedule Part 15 (Transfer of Employment and Pensions). hubco shall provide such an explanation in writing within three (3) Business Days of receipt of the request from the Participant pursuant to this paragraph 2.1.2.
2.1.3 if the response provided by hubco under paragraph 2.1.2 satisfies the Participant that the terms of paragraphs 1.33 to 1.39 inclusive of Section 1 (General) of Schedule Part 15 (Transfer of Employment and Pensions) have been followed, then the Participant will inform the complainant of this and the matter will be deemed to have been concluded;
2.1.4 in the event that the Participant is not satisfied with hubco's response provided pursuant to paragraph 2.1.2, the Participant shall write to hubco within five (5) Business Days to require hubco to take immediate action to resolve this dispute; and
2.1.5 if, following such a request by the Participant pursuant to paragraph 2.1.4, hubco or any Partnering Subcontractor and/or their subcontractors still appears to the Participant not to be complying with the requirements of paragraphs 1.33 to 1.39 inclusive of Section 1 (General) of Schedule Part 15 (Transfer of Employment and Pensions), the matter shall be dealt with in accordance with the procedure set out in paragraphs 3 and 4 below.