CoP for employees are easy to apply and enforce, CoP for the self employed are more difficult to implement. The self employed a strictly governed by a plethora of regulations. Any CoP would take second place behind any legal requirement to operate the business in line with current regulations.
CoP should have built into them a structured conciliation process that is transparent. A conciliation process should be conducted by the industry and not a regulator. With all voluntary codes either party can refuse to comply with conciliation and any result would not be binding on either party. As the conciliation process should be conducted by the industry, who pays for this? In a self employed situation the problem is exasperated.
This is why imposing CoP on the self employed is fraught with problems.
Response to The Registrar
The Driving Instructors Branch of Unite the Union (Dib-Unite) has been notified by John Lepine of MSA that there is agreement between some of the ADI national associations with regards to a draft proposed Code of Practice. (CoP)
The Dib-Unite opposes the current draft of the proposed CoP.
We, as well as DIDU have been calling for changes to the wording for sometime, but our voices have fell upon deaf ears. It fact, we as well as DIDU have been excluded from participating in the drafting of any of the drafts (hardly democratic).
Your first concern is where in this draft does it mention anything about the code being voluntary. In fact the word voluntary is conspicuous by its absence.
The sentence “This code of practice has been agreed between DSA and all the bodies representing ADIs listed at the end of this document;” needs the word ‘all’ removing and the list of associations that support the code being written directly below the revised statement.
It was pointed out when the original revised draft first came from the DSA that the over use of the word ‘must’ was, and still is unacceptable; out of the six associations that represent ADI’s four objected to this and yet it still