4.1 The parties shall invite the Independent Person to answer three questions:
(i) Is this a dispute about compliance with paragraphs 1.33 to 1.39 inclusive of Section 1 (General) of Schedule Part 15 (Transfer of Employment and Pensions)?
If the answer to question (i) is no, the matter can proceed no further. If the answer to question (i) is yes, then the Independent Person will move to question (ii).
(ii) Have the parties exhausted local procedures?
If the answer to question (ii) is no, then the Independent Person shall invite the parties to make further local efforts to resolve the dispute. If the answer to question (ii) is yes, then the Independent Person will conduct an independent assessment, by answering question (iii) and giving reasons for their answer.
(iii) Do the terms and conditions of employment on offer to new employees comply with the requirements of paragraphs 1.33 to 1.39 inclusive of Section 1 (General) of Schedule Part 15 (Transfer of Employment and Pensions)?
If the answer to question (iii) is yes following the assessment by the Independent Person, then the matter is deemed to be concluded and hubco and any Partnering Subcontractor can continue to offer the same package of conditions to new employees. If the answer to question (iii) is no, then the dispute will proceed to Stage 2.
The Time limit for Stage One of the procedure is twenty (20) Business Days.