Accounting, Audit, Dispute Resolution and Intellectual Property
Accounting records are open to all members. Executives and directors are not permitted to keep accounting records secret and they must be maintained in such a way that members can inspect them during working hours. Even where secrecy may be encouraged by legal and commercial norms, members rights take primacy. Access to accounting records is necessary for members to fully participate in General Meetings.
Taken together, the rules encourage company members to operate open systems in all areas of administration and management (both human and financial). Even where these provisions may conflict with rights under the Data Protection Act, or the norms of professional bodies, members rights take primacy. Information provided during recruitment and induction, and included in employment contracts and HRM policies, should alert new members to the rationale behind the protection of an open culture. Access to administration and management information is necessary for members to fully participate in General Meetings.
Remuneration disputes are handled by referral to expert opinion (a mutally agreed agency or consultant). If unresolved, the escalation process involves a resolution to a General Meeting, and then the Advisory, Conciliation and Arbitration Service (ACAS).
Relationship disputes are handled in the first instance via mediation. Members may agree a disciplinary and grievance procedure to satisfy Employment Law, and which includes mediation as the dispute resolution system of choice. If mediation fails, individuals retains their rights under Employment Law (if they satisfy the legal definition of a worker or employee). Managers appointed need to ensure that company documents are free of HRM practices likely to undermine participative democracy.
If disputes are unresolved, they are normally escalated to a General Meeting, and then an ACAS mediator or conciliation service. Discipline and Grievance should be a procedure of last resort, used only where mediation is not possible.
Intellectual Property (Clause 53) created for the Company remains the property (individually and collectively) or the member(s) that create it. However, a condition of membership is that the Company has an exclusive right to commercialise the use of members IP if the IP was created by working in the FairShares Enterprise and they are still a member. If one or more creators of the IP leave, a non-exclusive right to commercialisation IP can be exercised.
Return me to the FairShares Articles of Association.
