The Constitution of the John Lewis Partnership - Introduction,Principles and Rules
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
John Lewis Partnership The Constitution of the John Lewis Partnership Introduction,Principles and Rules May 2014
Contents
Foreword 3
Part 1 – Introduction 5
Part 2 – Principles 7
Purpose 7
Power 7
Profit 7
Members 7
Customers 7
Business relationships 8
The community 8
Part 3 – Rules 9
Section 1 – How power is shared 9
General 9
The Partnership Council 10
Purpose and authority 10
Constituencies and elections 11
Other members of the Council 11
Council business 12
Elections by the Council 12
Finance of the Council 13
Other representative bodies 13
The Partnership Board 15
The Chairman 17
Contents
1Contents 1 Section 2 – Partners’ rights and responsibilities 19 Happiness of members 19 Relationships 19 Employment conditions 20 Pay 21 Security of employment 21 Grievances and appeals 22 Amenities and social activities 23 Pensions 23 Journalism 24 The Partners’ Counsellor 25 Registry 26 Section 3 – Responsibilities to others 28 Customers 28 Suppliers 28 Competitors 30 Public service 30 The law 30 The environment 30 Section 4 – Amendment and interpretation 31 This edition includes all amendments agreed between the Partnership Council and the Chairman to January 2014. 2
Foreword
Not many
Not many companies
companies have
have aawritten
writtenconstitution.
constitution.Ours
Oursdoes,
does,
for two
for two reasons.
reasons.
The first
The first is
is historical.
historical. The Partnership
Partnership exists
exists today
today because
because
of the extraordinary
of the extraordinary vision and ideals of its Founder,
ideals of its Founder,
John Spedan
John Spedan Lewis. He believed an 'industrial
‘industrial democracy'
democracy’
where employees
where employees shared knowledge,
knowledge, power
power and and profit
profit was
was
aa better
better form of business. That vision was set set out
out in
in aa written
written
Constitution -–aaframework
Constitution framework to to define
define the
the Partnership’s
Partnership's
principles and the way it should operate.
principles operate. TheThe Constitution
Constitution
has been
has been revised on a number of occasions since since then,
then,
in order
in order to keep it fresh and up to date. Nonetheless,
Nonetheless,
this latest
this latest edition is a direct connection
connection to to his
his original
original
inspiration -–ititdefines
inspiration defines what
what we
we are.
are.
The second
The second looks forward. The challenge
challenge forfor Partners
Partners today
today
is to prove
is to prove that a business which is not driven by the demands
driven by the demands
of outside
of outside shareholders and which sets
sets high
high standards
standards of of
behaviour can flourish in the competitive
behaviour competitive conditions
conditions facing
facing
aa modern
modern retailing business. The Constitution
Constitution provides
provides the
the Principles and Rules within which we aim to demonstrate,
Principles and Rules within which we aim to demonstrate,
through Partners, customers and profit,
through profit, that
that we
we are
are aa better
better
form of
form of business.
business.
The Constitution
The Constitution identifies that the
the ‘happiness
‘happiness ofof all
all its
its
members’ relies on their ‘worthwhile
members’ ‘worthwhile andand satisfying
satisfying
employment in a successful business’.
employment business’. To
To achieve
achieve this
this wewe aim
aim
to give
to give all
all Partners a relevant, consistent
consistent and
and rewarding
rewarding
experience during their career. This
experience Thisexperience
experienceisisbased
basedon on
the Partnership
the Partnership and Partners themselves
themselves delivering
delivering three
three
commitments: taking
commitments: takingresponsibility
responsibilityfor
forour
ourbusiness
businesssuccess,
success,
building relationships Powered
building Powered byby our
our Principles
Principles and
and creating
creating
real influence
real influence over our working lives. These commitments
lives. These commitments
place on us all the obligation to improve our
place our business
business in in the
the
knowledge that we share the rewards of success.
knowledge success.
3Foreword
The Constitution also addresses
addresses the
the role
role of
of the
the Partnership
Partnership
in society, defining our responsibilities
responsibilities to customers,suppliers
to customers, suppliers
and to the environment.
The Partnership must change
change constantly
constantly to
to fulfil
fulfil its
itsultimate
ultimate
purpose. The
TheConstitution
Constitutionensures
ensuresthese
thesechanges
changesremainremaintrue
true
to our principles and will allow
allow us
us to
to pass
pass on
on to
to our
our successors
successors
a business they too will be proud
proud to
to work
work in.
in.
Charlie Mayfield
Chairman
Chairman September
September 2009
2009
4Part 1 – Introduction
1 The two
The two Settlements
Settlements in Trust made by John Spedan
Spedan Lewis
Lewis
in 1929
in 1929 and
and 1950 established a business known
known as as the
the
John Lewis
John Lewis Partnership, to be owned in trust
trust for
for the
the benefit
benefit
of its
of its members,
members, who are Partners from the day
day they
they join.
join.
2 The trustee
The trustee of the Settlements is John Lewis
Lewis Partnership
Partnership
Trust Limited (‘the Trust Company’),
Trust Company’), andand its
its Chairman
Chairman isis the
the
Partnership’s Chairman. Its other
Partnership’s other directors
directors are
are the
the Deputy
Deputy
Chairman and the three Partners elected
Chairman elected by
by the
the Partnership
Partnership
Council as Trustees of the Constitution
Council Constitution (Rule
(Rule 18(ii)).
18(ii)).
3 The Partnership
The Partnership is governed according
according toto aa written
written
Constitution, which is subordinate
Constitution, subordinate to
to and
and must
must not
not conflict
conflict
with the
with the Settlements. On taking office, the
the Chairman
Chairman
(Rule 43) and the other directors of the Trust
(Rule Trust Company
Company
undertake to uphold it, and to promote in every
undertake every possible
possible
way the
way the wellbeing
wellbeing of the Partnership.
Partnership.
4 The Partnership
The Partnership is the general body of Partners,
Partners, working
working
together for the success of the business
together business to
to fulfil
fulfil the
the purpose
purpose
and principles
and principles of this Constitution.
Constitution.
5 A Partner
A Partner is an employee of John Lewis plc or of any other
other
company within the Partnership, which
company which has
has been
been designated
designated
in accordance
in accordance with the 1929 Trust Settlement.
Settlement.
6 The Constitution
The Constitution consists of this Introduction,
Introduction, the
the Principles
Principles
and the
and the Rules.
Rules. The Principles define the Partnership’s
Partnership’s
aims and
aims and ultimate purpose and the Rules are
are statements
statements
of general
of general policy.
5Introduction
7 The Constitution applies to all Partners
Partners (and
(and to
to all
all other
other
employees as described in their contracts
contracts of
of employment)
employment)
and in all units of the
the Partnership’s
Partnership’s business,
business, except
except when:
when:
(i) specific
specific provision
provision isis made
made in the Rules for more limited
application;
application;or
or
(ii) the
the Chairman
Chairman has
has excluded
excluded specific
specific parts
parts of
of the
Partnership’s
Partnership’s business
business from
from specific
specific Rules.
Rules.
8 Every Partner is responsible
responsible for
for knowing,
knowing, complying
complyingwith
withand
and
upholding the Partnership’s
Partnership’s Principles
Principles and
and those
thoseRules
Ruleswhich
which
concern him.
9 In the Partnership’s Constitution, unless
unless the context
context requires
requires
otherwise, the masculine includes the feminine and the
singular the plural and vice versa.
6Part 2 – Principles
Purpose
1 The Partnership’s ultimate purpose is is the
the happiness
happiness of of all
all
worthwhile and
its members, through their worthwhile and satisfying
satisfying
business. Because
employment in a successful business. Because the the
trust for
Partnership is owned in trust for its
its members,
members, they they share
share
the responsibilities of ownership asas well
well as
as its
its rewards
rewards ––
profit, knowledge and power.
profit,
Power
2 Power in the Partnership is shared between three governing
authorities, the Partnership Council, the Partnership
Partnership Board
Board
and the Chairman.
Profit
3 The Partnership aims
aims to
to make
make sufficient
sufficientprofit
profitfrom
from
its trading operations
operations to
to sustain
sustain its
itscommercial
commercialvitality,
vitality,
to finance
finance its continued
continued development,
development, to todistribute
distributeaashare
share
of those profits
profits each
each year
year to
to its
itsmembers,
members,andandtotoenable
enableitittoto
undertake other activities consistent with its ultimate purpose.
Members
4 The Partnership aims
aims to
to employ
employ andand retain
retainas
asits
itsmembers
members
people of ability and
and integrity
integrity who
whoare
arecommitted
committedto toworking
working
together and to supporting
supporting itsits Principles.
Principles.Relationships
Relationshipsare
are
based on mutual respect
respect and
and courtesy,
courtesy,with
withas
asmuch
muchequality
equality
between its members
members as as differences
differences ofofresponsibility
responsibilitypermit.
permit.
The Partnership aims
aims to
to recognise
recognise their
theirindividual
individual
contributions and reward
reward them
them fairly.
fairly.
Customers
5 The Partnership aims to deal honestly with its customers and
secure their loyalty and trust by providing outstanding choice,
value and service.
7Principles
Business Relationships
6 The Partnership aims toto conduct
conduct all
all its
itsbusiness
businessrelationships
relationships
with integrity and courtesy,
courtesy, and
and scrupulously
scrupulouslyto tohonour
honourevery
every
business agreement.
The Community
7 The Partnership aims toto obey
obey the
the spirit
spiritas
aswell
wellasasthe
theletter
letter
of the law and
and to
to contribute
contribute to
tothe
thewellbeing
wellbeingof ofthe
the
communities where it operates.
operates.
8Part 3 – Rules
Section 1 – How power is shared
General
1 The Partnership
Partnership operates
operateson ondemocratic
democraticprinciples
principlesand
andasas
much
much
sharing of
of power
power among
amongitsitsmembers
membersand
andrepresentative
representativebodies
bodies
as is consistent
consistent with
withefficiency.
efficiency.
2 The three governing authorities
authorities of
of the
the Partnership
Partnership are
are the
the
Partnership Council, the
the Partnership
Partnership Board,
Board, and
and the
the Chairman
Chairman
(Principle 2). Their
Theirpower
powerto
todirect
directthe
thePartnership’s
Partnership’saffairs
affairs
depends on the consent of Partners,
Partners, whose
whose opinion
opinion isis
expressed through:
(i) formal
formal arrangements
arrangements forfor sharing
sharing knowledge;
(ii) representative
representative bodies;
bodies;
(iii) personal
personalcontact
contact between
between Partners,
Partners, both
both formal
and
and informal.
informal.
3 The Partnership Council, as the representative
representative body
body ofof the
the
members of the Partnership, entrusts
entrusts management
management of of the
the
business to the Partnership
Partnership Board,
Board, which
which delegates
delegates its
its
management authority
authority to
to the
the Chairman.
Chairman.
4 aim of
The shared aim of the
the three
threegoverning
governingauthorities
authoritiesisistoto
Partnership’s future,
safeguard the Partnership’s future, to
toenhance
enhanceitsitsprosperity
prosperity
ensure its
and to ensure its integrity.
integrity. They
Theyshould
shouldencourage
encouragecreativity
creativity
entrepreneurial spirit
and an entrepreneurial spirit but
but must
mustnot
notrisk
riskany
anyloss
lossofof
financial independence.
financial independence.
5 either legal
Commitments, either legal or
or moral,
moral,totospend
spendPartnership
Partnership
only be
funds may only be made
made upon
uponwritten
writtenauthority
authorityfrom
fromthe
the
Partnership Board or or from
from someone
someone delegated
delegatedtotogive
give
its behalf.
authority on its behalf.
9Rules
6 The Partnership needs
needs aa sufficiently
sufficientlywide
widecommercial
commercialbase basetoto
ensure its long-term
long-term vitality,
vitality, and
and to
toachieve
achievethis
thisititmay
mayengage
engage
in as wide a variety of enterprises as it can undertake
undertake efficiently.
efficiently.
The Partnership Council
Purpose and authority
7 The Partnership Council
Council represents
represents Partners
Partnersasasaawhole
whole
and reflects their opinion.
opinion. In
In sharing
sharing responsibility
responsibilityfor
for
the Partnership’s health
health with
with the
the Partnership
PartnershipBoard
Boardandandthe
the
Chairman, it holds
holds the
the Chairman
Chairman to to account.
account.ItItdiscusses,
discusses,
influences and makes recommendations
recommendations on on the
thedevelopment
development
of policy. It
It shares
shares in making decisions about the governance
governance
of the Partnership.
Partnership.
The Council may ask the Partnership Board or thethe Chairman
Chairman
anything it wishes, and they must answer unless doing
doing so
so
would in their opinion damage the Partnership’s interests.
8 The Council shares
shares in
in decision-making
decision-making through
throughmaking
making
recommendations to the
the Chairman
Chairman on
on any
anysubject.
subject.
9 Soon after the end
end of
of each
each trading
tradinghalf
halfyear,
year,the
theChairman
Chairman
must attend a meeting
meeting of
of the
the Council,
Council,to
toaccount
accountfor
forthe
the
progress of the Partnership
Partnership under
under his
hisleadership.
leadership.
10 If the Council judges
judges that
that the
the Chairman
Chairmanhas hasfailed
failedto
tofulfil,
fulfil,
or is no longer
longer aa suitable
suitable person
persontotofulfil,
fulfil,the
theresponsibilities
responsibilities
of his office
office as
as laid
laid down
down ininthe
theConstitution,
Constitution,ititmay
maypass
pass
a ‘Resolution upon the the Constitution’
Constitution’ totodismiss
dismissthe
theChairman
Chairman
according to the Articles
Articles of
of Association
AssociationofofJohn
JohnLewis
Lewis
Partnership Trust Limited.
Limited.
10Rules
Constituencies and elections
11 Elected members of of the
the Council
Council represent
representconstituencies
constituencies
which are decided by by the
the Trustees
Trustees of
ofthe
theConstitution.
Constitution.
The number of of constituencies
constituenciesand andof ofcouncillors
councillorsisisdetermined
determined
Council as
so that the Council as aa whole
wholemay
mayhave
haveproperly
properlyinformed
informed
discussion, rather
discussion, rather than
thanto toprovide
provideproportional
proportionalrepresentation
representation
different groups
for the different groupsand andsectional
sectionalinterests
interestsofofPartners.
Partners.
Any Partner may stand asas aa candidate
candidate for
forelection
electionto
tothe
the
Council to represent the constituency
constituency in inwhich
whichhe heworks.
works.
If he moves from
from the
the constituency,
constituency, his
hismembership
membershipof ofthe
the
Council automatically ends.
ends.
Elections to the Council
Council are
are held
held every
everythree
threeyears.
years.
12 Every Partner has aa single
single vote
vote in
inelections
electionsto
tothe
theCouncil.
Council.
13 elections are
The Trustees ensure that elections are held
held byby secret
secret ballot.
ballot.
for candidates
When a vacancy occurs, the call for candidates forfor aa by-election
by-election
within 28 days,
must be published within days, unless
unless the
the Trustees
Trustees of of the
the
decide otherwise.
Constitution decide otherwise. The
Therulings
rulingsofofthe
theTrustees
Trustees
elections are
on correct procedure for elections are final.
final.
The Chairman may appoint
appoint aa Councillor
Councillortotorepresent
representa
aconstituency before
constituency anan
before election can
election take
can place.
take place.
Other members of the Council
14 Members of the Partnership Board are automatically members
of the Council, so that the Council
Council may
may rely
rely on
on their
their advice,
advice,
experience and specialist knowledge.
The Chairman may appoint to the Council
Council other
other Partners
Partners
whose advice will benefit the Council,
Council, subject
subject to
to the
the
agreement of the Trustees of the
the Constitution.
Constitution.
11Rules
Council business
15 Only elected Councillors,
Councillors, and
and any
any who
whohave
havebeen
beenappointed
appointedby
thethe
by Chairman
Chairmanto represent Partners’
to represent constituencies,
Partners’ maymay
constituencies, vote in
Council
vote proceedings.
in Council Members
proceedings. of the Partnership
Members Board and
of the Partnership
any members
Board and anyappointed
membersby the Chairman
appointed by thefor their specialist
Chairman for their
expertise expertise
specialist have no vote inno
have Council.
vote in Council.
16 Before joining the
the Council,
Council, every
every member
memberdeclares
declaresin
inwriting
writing
that he will carry
carry out
out the
the duties
dutiesof
ofmembership
membershipto tothe
thebest
best
of his ability and
and in
in ways
ways that
thathe
hejudges
judgesbest
bestfurther
furtherthe
the
purposes of the Partnership.
Partnership.
17 The Partnership’s management
management willwill encourage
encourageand andsupport
support
Partners’ involvement in in Council
Council business.
business. ItItalso
alsoprovides
provides
facilities for the Council
Council toto meet
meet and
andsuch
suchadministrative
administrative
and other help as as the
the Council
Council reasonably
reasonablyrequests.
requests.
Elections by the Council
18 During each term, the
the Council
Council elects:
elects:
(i) aaPartner
Partner to
to be
be its
its President
President (who may not be the
Chairman
Chairman or or Deputy
Deputy Chairman);
Chairman);
(ii) three
three Partners
Partnersto tobe
beTrustees
Trusteesofofthe
theConstitution
Constitutionand
and
to
tobe
beappointed
appointedasasDirectors
DirectorsofofJohn
JohnLewis
LewisPartnership
Partnership
Trust
TrustLimited.
Limited.The
TheChairman,
Chairman,members
membersofofthetheChairman’s
Chairman’s
Committee
Committeeand andthetheCompany
CompanySecretary
Secretarymaymaynot
notbe
be
Trustees
Trusteesofofthe
theConstitution;
Constitution;
(iii)five
(iii) fivePartners
Partnerstotobebeappointed
appointedas asmembers
members ofof the
the
Partnership Board, who may
Partnership Board, who may not not at the same time
represent
representPartners
Partners as as elected
elected members
members of the
Partnership
PartnershipCouncil.
Council;
12Rules
The Council elects
elects four
four trustees
trustees to
toserve
serveasasDirectors
Directorsofofthe
the
Partnership Pensions
John Lewis Partnership Pensions Trust
Trust and
andtwo
fourmembers
members
to serve on the
the Pension
Pension Management
ManagementCommittee.
Committee.In Inboth
both
cases, these are elected
elected for
for three-year
three-yearterms,
terms,which
whichfit
fitwith
with
the cycle of the
the Trust’s
Trust’s triennial
triennialreview.
review.
The Council also
The Council also elects
elects three
three Partners
Partnersto
tobe
betrustees
trustees
of the Golden Jubilee Trust and one trustee
of the Golden Jubilee Trust and one trustee of ofthe
the
John Spedan Lewis Foundation.
John Spedan Lewis Foundation.
If
If aa vacancy
vacancy occurs
occurs in
in any
any of
ofthese
thesepositions,
positions,the
theCouncil
Council
elects a replacement as soon as possible.
elects a replacement as soon as possible.
Finance of the Council
19
19 Each year the Council is entitled to funds
funds equivalent
equivalent to
to at
at
and Partnership
least one percent of the pay and Partnership Bonus
Bonus received
received
by Partners for the previous trading year.
20
20 The Council has authority
authority to
to spend
spend this
thismoney
moneyin inany
any
way that it considers
considers good
good for
for the
thePartnership,
Partnership,although
although
the Chairman has aa veto
veto over
over any
anyproposed
proposedexpenditure
expenditure
he considers too damaging
damaging to to the
the Partnership’s
Partnership’sbusiness
business
interests. Councillors may
may not
not spend
spend any
anyof
ofthese
thesefunds
funds
for their own personal
personal benefit.
benefit.
21
21 The Council may incur
incur capital
capital expenditure
expenditureononamenities
amenities
up to a total
total sum
sum sanctioned
sanctioned each
eachyear
yearby
bythe
theChairman.
Chairman.
22 Procedures
The Council determines its own procedures and how best
it may fulfil its role as set out
22 The Council determines in Rule
its own 7.
procedures and how best
it may fulfil its role as set out in Rule 7.
23 The Council meets whenever it wishes, but at least twice a year,
and when
23 The Councilthemeets
Chairman or theit Trustees
whenever of the
wishes, but Constitution
at least twice ask.
Meetings take place within working hours whenever
a year, and when the Chairman or the Trustees of the the Council
considers thatask.
Constitution to be necessary.
Meetings take place within working hours
whenever the Council considers that to be necessary.
13Rules
24 Any Partner who isis free
free to
to do
doso
somay
mayattendattendany
anymeeting
meeting
of the Partnership Council,
Council, unless
unless ititrules
rulesotherwise
otherwisefor
for
a particular occasion.
occasion. Non-Partners
Non-Partners may may attend
attendonly
onlywith
with
the President’s permission.
permission.
Other representative bodies
25 There are three further levels of formal democratic
engagement: Divisional Council, Forum and PartnerVoice.
PartnerVoice.
The Partners’ Counsellor determines where they are
established. The Partnership Council delegates to these
representative bodies the task of holding the divisional,
divisional,
regional and local management responsible for achieving
achieving
Principle 1. Any
Anyconcerns
concernsmaymaybe
beescalated
escalatedthrough
throughthe
the
Partnership Council to the Chairman.
26 Constituencies and
Constituencies andthethenumber
numberofofrepresentatives
representativesare are
determined, as
determined, as for
forthe
thePartnership
PartnershipCouncil,
Council,bybythe
theTrustees
Trusteesofof
Constitution. Divisional
the Constitution. Councilswill
Divisional Councils willbe
beconsulted
consultedon on
proposals relating
proposals relatingto totheir
theirconstituencies
constituenciesand
andthe
theestablishing
establishing
Forums.
of Forums.
27 PartnerVoice selections are held every two years and Forum
elections every three years, with every Partner in the
constituency entitled to vote. Divisional
Divisional Councils
Councils are
are elected
elected
every three years by and from their Forums; where no Forum
is established, representatives are elected by all Partners in the
constituency.
28 representativebodies
These representative bodiesmeet
meetwhenever
whenevertheytheywish,
wish,but
butatat
four times
least four times aa year,
year,and
andwhen
whenthetheTrustees
Trusteesofofthe
the
Constitution ask.
Constitution ask. Meetings taketake place
place within
withinworking
workinghours
hours
whenever they
whenever they believe
believethat
thattotobebenecessary.
necessary.AllAllrepresentatives
representatives
formally commit
formally commit to tofulfil
fulfiltheir
theirrole
roletotothe
thebest
bestofoftheir
theirability
ability
with the
and with the best
best interests
interestsofofthe
thePartnership
Partnershipininmind.
mind.
14Rules
29 The Partnership’s management
management encourages
encourages and andsupports
supports
especially by
these representatives, especially by ensuring
ensuringtheytheyhave
have
sufficient time to
to carry
carry out
out their
theirduties.
duties.ItItalso
alsoprovides
provides
and administrative
appropriate facilities and administrative support,
support,asasititdoes
does
for the
Partnership Council
Partnership (Rule
Council 17).17).
(Rule
30 The Partners’ Counsellor
Counsellor isis responsible
responsible for
forthe
thedevelopment
development
of detailed guidelines
guidelines for
for all
all representative
representativebodies.
bodies.
31- Deleted
37
The Partnership Board
38 The Partnership
PartnershipBoard
Boardisisthetheboard
boardofof directors
directors of of
JohnJohn Lewis
Lewis
Partnership plc. The
The Board
Board hashas ultimate
ultimateresponsibility
responsibility
major policy
for issues of major policy andand for
forallocating
allocatingthe thefinancial
financial
and other resources
resources of
of the
the business.
business.ItItdecides
decidesthe the
Partnership’s policy for
for the
the prudent
prudent and andadequate
adequatefinancing
financing
and development of its its business,
business, andandmonitors
monitorsits itsefficient
efficient
implementation. It takes
takes responsibility
responsibility for for preparing
preparingfinancial
financial
statements, which must
must givegive aa full
full and
andfair
fairview
viewofofthe
thestate
state
of affairs of the
the company.
company.
39 In exercising this
this responsibility,
responsibility, the
the Partnership
PartnershipBoard:
Board:
(i) approves
approves the
the Partnership
Partnership Strategy
Strategyas
aswell
wellasasthe
the
Partnership’s Business
Partnership’s Business Plan
Planand
andthose
thoseof
ofthe
thedivisional
divisional
managementboards
management boardsand
andCorporate;
Corporate;
delegatesresponsibility
(ii) delegates responsibilityfor
forthe
themanagement
managementand and
development of the Partnership’s core businesses
development of the Partnership’s core businesses
tothe
to thedivisional
divisionalmanagement
managementboards;
boards;
approvesand
(iii) approves andmonitors
monitorsthe
thePartnership’s
Partnership’srevenue
revenue
andcapital
and capitalspending;
spending;
15Rules
(iv) determines
(iv)determines each each yearamount
year the the amount
of the ofPartnership’s
the Partnership’sprofits
profits be
that should thatreserved
should be forreserved for the maintenance
the maintenance and and
development
development of theofPartnership’s
the Partnership’s business,
business, and thus
and thus the
the rate
ratePartnership
at which at which Partnership
Bonus may Bonus may be paid;
be paid;
(v) ensures that the Partnership pays its debts promptly, and
(v) ensuresdoes notthe
that enter into undertakings
Partnership which
pays its debts would prevent
promptly, it
and does
frominto
not enter making all payments
undertakings immediately
which they become
would prevent it due;
(vi) examines
from making andallapproves
paymentseach year the size
immediately theyand security
become due;
of the Partnership’s
(vi) examines and approves liquid reserves
each andsize
year the unused
and security
borrowing
of facilities; liquid reserves and unused
the Partnership’s
(vii) borrowing
approves cash and profit forecasts sufficiently far ahead
facilities;
to satisfy itself
(vii) approves cash that
and the Partnership
profit is not overreaching
forecasts sufficiently far ahead
its satisfy
to financial and
itself personnel
that resources;
the Partnership is not overreaching
(vii) its
satisfies itselfand
financial thatpersonnel
proper systems of audit and control
resources;
are in place
(viii) satisfies itselfthroughout
that properthe Partnership;
systems of audit and control
(ix) considers
are in place anythroughout
proposal that
theplaces 12 or more
Partnership; Rules Partners
at potential
(ix) considers anyrisk of redundancy,
proposal that placeseither as part
12 or moreofPartners
the
Business
at Plan
potential or of
risk onredundancy,
a case by case basis;as part of the
either
(x) Business
approves Plan the Chairman’s
or on a casepay;by case basis;
(xi)
(x) approves the Chairman’s nominee pay; to succeed him
on his retirement.
(xi) approves the Chairman’s nominee to succeed him
on his retirement.
40 Any three ofof the
the members
members appointed
appointedto tothe
theBoard
Boardafter
after
election by the
the Partnership
Partnership Council
Councilmay mayseekseekthe
theCouncil’s
Council’s
opinion on any
any proposal
proposal that
that comes
comesto tothetheBoard
Boardand,
and in
in
particular, when itit considers
considers aa proposal
proposalunder underRule
Rule39 39(ix).
(ix).
However the Chairman
Chairman may may prevent
prevent aareference
referenceto tothe
the
Council under Rule
Rule 3939 (iii)
(iii) or
or(vii)
(vii)ififititwould
wouldsignificantly
significantly
damage the interests
interests of
of an
an organisation
organisationor oran
anindividual
individual
outside the Partnership.
Partnership.
16Rules
The Chairman
41 The Chairman must ensureensure that
that the
the Partnership
Partnershipdevelops
develops
its distinctive character
character and
and its
its democratic
democraticvitality.
vitality.He
He
is the Chairman of of the
the Partnership
Partnership Board,
Board,bybyvirtue
virtueofofhis
his
appointment as Chairman
Chairman of of John
John Lewis
LewisPartnership
PartnershipTrust
Trust
Limited. He nominates
nominates his
his successor
successor ininaccordance
accordancewithwiththe
the
Articles of Association
Association of
of John
John Lewis
Lewis Partnership
PartnershipTrust
TrustLimited.
Limited.
42 As the senior executive
executive in
in the
the Partnership,
Partnership,he
heisisultimately
ultimately
responsible for its
its commercial
commercial performance.
performance. HeHeappoints
appointsthethe
members of the Chairman’s
Chairman’s Committee
Committee which
whichcoordinates
coordinates
executive responsibility in
in the
the Partnership,
Partnership,and
andthe
theviews
viewsof
of
principal management.
43 On taking office,
office, the
the Chairman
Chairman makes
makesaawritten
writtenundertaking
undertaking
to the Partnership Council,
Council, as
as follows,
follows,that:
that:
(i) hehe will uphold the Constitution and work to the utmost
of his energy and ability for the fulfilment
fulfilment of the
Partnership’s Principles;
(ii) while
while in office accept any
office he will not accept any paid
paid employment
employment
or any other position ofof official
official responsibility,
responsibility,either
either
public or private, without the
the agreement
agreement of ofthe
theTrustees
Trustees
of the Constitution (who actact on
on behalf
behalf of ofthe
thePartnership
Partnership
Council and must inform
inform the
the Council
Council of of their
their agreement);
agreement);
(iii)he
(iii) he will be impartial and reticent in in political
political and
and other
other
matters
matters which do not directly concern
concern the the Partnership
Partnership
and which may be controversial;
(iv) he has not sought and will
will not
not seek
seek any
anyreturn
returnororfavour
favour
for himself or anyone else
else either
either inin his
hisappointment
appointmentas as
Chairman, or in the nomination
nomination of of his
his successor,
successor,ororin
in
the exercise of his authority.
authority.
17Rules
44 The
The Chairman must ensure
Chairman ensure that
that the
the system
systemfor
fordeciding
deciding
the pay and benefits
benefits of of individual
individual Partners
Partnersisisfair.
fair.
41 The Chairman must ensure that the Partnership develops
45 In carrying
its out
distinctive his
his duties
characterduties
andthe
theitsChairman
Chairman
democratic will:
will:
vitality. He
is the Chairman of the Partnership Board, by virtue of his
(i) actively seek
appointment to share power
as Chairman of Johnwith his subordinates,
Lewis Partnership Trust
delegating
(i) actively
Limited. Heseek as much
to sharehis
nominates responsibility
power with his
successor and
in encouraging
subordinates,
accordance with the
as much
delegating
Articles initiative
as much
of Association asresponsibility
of possible.
John LewisHowever, he retains
and encouraging
Partnership Trust Limited.
personal
as responsibility
much initiative for ensuring
as possible. However,thathetheretains
decisions
42 of others
personal do not put
responsibility at risk
for the long-term
ensuring that
As the senior executive in the Partnership, he is ultimately security
the of the
decisions
Partnership,
of othersfor
responsible and
doitsnot that they are consistent
put at riskperformance.
commercial the long-termHe with the
security of the
appoints the
democratic
members of the principles
Partnership, and that they
Chairman’s of Committee
the
arePartnership;
consistent
whichwith the
coordinates
(ii) democratic
acceptresponsibility
executive as fully as possible
principles in of the
thethe recommendations
Partnership;
Partnership, of theof
and the views
(ii) Partnership
accept as Council.
fully
principal management. as Before
possible therejecting any,
recommendations he mustof the
consult the Partnership Board;
Partnership Council. Before rejecting any, he must
43 (iii)taking
On maintain
consult theopen
office, communication
Partnership
the Chairman Board;makeswitha Partners at all levels,
written undertaking
who for
(iii)maintain their
open part have a
communication duty
to the Partnership Council, as follows, that: to inform
with him
Partners of
atanything
all levels,
he reasonably
who for their partshould
have know.
a duty to inform him of anything
reasonably
(i) he will uphold should know.
the Constitution and work to the utmost
of his energy and ability for the fulfilment of the
Partnership’s Principles;
(ii) while in office he will not accept any paid employment
or any other position of official responsibility, either
public or private, without the agreement of the Trustees
of the Constitution (who act on behalf of the Partnership
Council and must inform the Council of their agreement);
(iii)he will be impartial and reticent in political and other
matters which do not directly concern the Partnership
and which may be controversial;
(iv) he has not sought and will not seek any return or favour
for himself or anyone else either in his appointment as
Chairman, or in the nomination of his successor, or in
the exercise of his authority.
17
18Rules
Section 2 – Partners’ rights
and responsibilities
Happiness of members
46 Because the Partnership
Partnership isis their
their own
ownbusiness,
business,Partners
Partnersmustmust
be aware of all
all its
its principles,
principles, do
dotheir
theirbest
bestfor
forititand
andhelp
help
each other to fulfil
fulfil their
their duties
duties and
andresponsibilities
responsibilitiestotoit.it.
47 All Partners, especially managers, have a responsibility
other’s
to be imaginative and energetic in promoting each other’s
wellbeing and to recognise the importance of aa healthy
healthy
Partnership and
balance between the needs of the Partnership and the
the
personal life of Partners.
48 Working conditions for
for Partners
Partners must
must be
becomfortable
comfortable
and businesslike but
but not
not luxurious.
luxurious.
Relationships
49 Partners must be scrupulously
scrupulously honest
honest inin their
their dealings
dealings withwiththethe
Partnership and with
with each
each other,
other, and
and never
never seek
seek to
to gain
gain from
from
the Partnership any more
more than
than they
they sincerely
sincerely believe
believe isis fair.
fair.
50 Partners must respect and be courteous to each other and
to anyone else with whom they have dealings on behalf of the
Partnership. The Partnership will do all it can to encourage
good personal relationships between Partners
Partners atat all levels.
levels.
51 Information is the basis
basis of
of democratic
democraticparticipation.
participation.
So the Partnership aims
aims for
for openness,
openness,tolerance
toleranceand
andfreedom
freedom
to express criticism,
criticism, questions
questions and
and suggestions
suggestions(even
(evenatatthe
the
risk of controversy).
controversy).
52 Partners should encourage
encourage each
each other
other and
andgive
givepraise
praise
and recognition for
for exceptional
exceptional effort.
effort.
19Rules
Employment conditions
53 The Partnership seeks to recruit
recruit only
only those
those who
who share
share its
its values
values
and will contribute to its success.
success.
54 The Partnership takes no account of age, sex, marital
marital status,
status,
sexual orientation, ethnic origin, social position or religious
or political views.
55 The Partnership employs
employs disabled
disabled people
people ininsuitable
suitable
vacancies and offers
offers them
them appropriate
appropriate training
trainingand
andcareers.
careers.
56 The Partnership encourages
encourages Partners
Partners to
to fulfil
fulfiltheir
theirpotential
potential
their career
and increase their career satisfaction
satisfaction in
inthe
thePartnership,
Partnership,by:
by:
(i) promoting
promoting Partners
Partners of suitable ability;
(ii) encouraging
encouragingchanges
changesof ofresponsibility;
responsibility;
(iii)providing
(iii) providing knowledge
knowledge and
and access to training to help
help them
them
carry out their responsibilities better;
carry out their responsibilities better;
(iv) encouraging their personal development
development and
and interests
interests in
in
fields not directly related to
to their
their work.
work.
57 No Partnership contract
contract of
of employment
employment will
willhave
haveaanotice
notice
period longer than
than 12
12 months,
months, unless
unlessthe
thePartnership
Partnership
Board agrees.
58 Every Partner is free
free to
to belong
belong to
toaatrade
tradeunion,
union,although
althoughifif
there is conflict
conflict between
between aa trade
trade union
unionand
andthethePartnership
Partnership
those concerned must
must consider
consider carefully
carefully their
theirresponsibilities
responsibilities
as Partners.
59 A Partner’s performance
performance isis reviewed
reviewed with
withhim
himby
byhis
hismanager
manager
at least once aa year.
year.
60 The personal records
records and
and details
details of
ofPartners
Partnersare
aremade
made
available only to those
those who
who are
are properly
properlyauthorised
authorised
to see them.
20Rules
Pay
61 The Partnership sets
sets pay
pay ranges
ranges which
whichare
areinformed
informedby
bythe
the
market and which are
are sufficient
sufficient to
toattract
attractand
andretain
retainhigh
high
calibre people. Each
Each Partner
Partner isis paid
paidaacompetitive
competitiverate
ratefor
for
good performance andand as
as much
much above
above that
thatas
ascan
canbebejustified
justified
by better performance.
performance. Partnership
Partnership Bonus
Bonus isisnot
nottaken
takeninto
into
account when fixing pay
pay rates.
rates.
62 Pay rates must be decided with such care
care that
that ifif they
they were
were
scrutiny. Managers
made public each would pass the closest scrutiny. Managers
are responsible for ensuring that Partners are paid fairly inin
comparison with others who make a similar contribution.
63 The pay of the
the highest
highest paid
paid Partner
Partnerwill
willbe
beno
nomore
morethan
than
75 times the average
average basic
basic pay
pay of
ofnon-management
non-managementPartners,
Partners,
calculated on an hourly
hourly basis.
basis.
64 Partners in exceptional
exceptional need
need may
may receive
receivefinancial
financialassistance,
assistance,
normally through the
the Partnership
Partnership Council
Council or
orDivisional
Divisional
Councils, but also directly
directly from
from management.
management.
Security of employment
65 The Partnership aims
aims to
to offer
offer secure
secureemployment
employmentto toits
its
members, and will therefore
therefore give
give all
allthe
thehelp
helpititreasonably
reasonably
can to any Partner
Partner who
who has
has difficulties
difficultiesatatwork.
work.
66 Recognising that five
five years
years isis aa milestone
milestonefor foraaPartner,
Partner,
this should be recognised
recognised in in anan appropriate
appropriateway waybybythe
the
Partnership. A Partner
Partner with
with more
more thanthanfivefiveyears’
years’
membership will bebe encouraged,
encouraged, ifif his hisperformance
performance
remains satisfactory, to
to develop
develop his his skills
skillsso
sothat
thathe
hemaymay
continue in the Partnership
Partnership for for all
allhis
hisworking
workinglife.
life.
67 The Partnership will not retain any Partner who cannot
contribute satisfactorily.
21Rules
68 The Partnership will
will not
not retain
retain any
anyPartner
Partnerin
inaaposition
position
longer required.
which is no longer required.
If a particular position
position becomes
becomes redundant,
redundant,the thePartnership
Partnershipwill
will
make make all reasonable
all reasonable effortsefforts to provide
to provide the Partner
the Partner in in
it with continued suitable
suitable employment
employment in inthe
thePartnership,
Partnership,
although this may be be in
in aa different
differenttype
typeofofwork
workand
andthe
the
Partner’s performance must must continue
continue toto be
besatisfactory.
satisfactory.
If continued employment
employment isis impossible,
impossible, he
hewill
willbe
beentitled
entitledtoto
payment according to
to scales
scales agreed
agreed by
bythe
theDirector
Directorof
of
Personnel and the appropriate
appropriate Partnership
Partnership Council
Council
committee.
Grievances and appeals
69 A Partner who is is unhappy
unhappy oror has
hasaagrievance
grievanceatatwork
workhas
has
the right to raise
raise the
the matter
matter in
inaccordance
accordancewith
withthe
the
Partnership’s Grievance Procedures.
Procedures. Details
Details of
ofthese
these
procedures are available
available from
from the
the appropriate
appropriatepersonnel
personnel
department and in the the Partner
Partner Handbook.
Handbook.
70 Any Partner may appeal
appeal to
to the
the Partners’
Partners’Counsellor’s
Counsellor’sOffice
Office
If the
against dismissal. If the Partners’
Partners’ Counsellor,
Counsellor,or ordelegated
Deputy
Partners’
authority, Counsellor, judges the
judges the dismissal dismissal
to be to to
contrary be the
contrary to
the Partnership’s
Partnership’s principles,
principles, he intervene
he will will intervene accordingly.
accordingly.
A Partner with more
more than
than five
five years’
years’service
servicewho
whofaces
faces
dismissal must be told
told that
that he
he first
firsthas
hasthe
theright
rightofofappeal
appealtoto
the Partners’ Counsellor’s
Counsellor’s Office.
Office.
71 In addition, no Partner
Partner who
who isis or
orhas
hasbeen
beenon onone
oneofofthe
the
Partnership’s democratic bodies
bodies in in the
the last
last12
12months
monthsmay may
be dismissed without
without specific
specific agreement
agreement as asfollows:
follows;
(i) Partnership
Partnership Board:
Board: the
the Chairman;
Chairman;
(ii) Partnership Council,
Council, or
or one
one of
ofits
itscommittees:
committees:
the President of the Council;
Council;
22Rules
(iii)A
(iii) A Divisional
Divisional Council
Council,or Localor
Forum Forum, or one of
PartnerVoice, ortheir
one of
committees: the Divisional
their committees: Registrar
the Partners’ or the or
Counsellor Deputy
Partners’
delegatedCounsellor
authority. as appropriate.
72 The relevant Partnership
Partnership oror Divisional
Divisional Council
Councilcommittee
committee
informed of
is regularly informed of trends
trends in
in the
thereasons
reasonswhy
whyPartners
Partners
leave the Partnership,
Partnership, so
so they
they can
can question
questionmanagement
managementon on
any trends that may
may cause
cause concern.
concern.
Amenities and social activities
73 The Partnership provides amenities that it believes will be
happiness,
welcome to individual Partners and will promote happiness,
a sense of community and the Partnership’s reputation.
74 In its expenditure on
on amenities
amenities the
thePartnership
Partnershipwill
willnot
not
confine itself to things
confine things that
that may
may be
beprovided
providedinexpensively,
inexpensively,but
but
will be open-minded
open-minded and
and ready
ready to
to provide
providethings
thingsthat
that
may offer exceptional
exceptional opportunities
opportunities for
for only
onlyaaminority
minority
of Partners.
Pensions
75 The Partnership offers
offers pensions
pensions to
to Partners
Partnersbased
basedon ontheir
theirrate
rate
of pay, length of
of service
service and
and working
workinghours.
hours.Pensions
Pensionsareareset
setatat
a level which the
the Partnership
Partnership Council
Counciljudges
judgeswill,
will,taking
taking
account of state pensions,
pensions, enable
enable those
thosePartners
Partnerswho
whohave
have
spent most or all
all of
of their
their working
workinglives
livesin
inthe
thePartnership
Partnership
to provide for their
their needs
needs during
during retirement.
retirement.
76 The Pension Management Committee is a sub-committee of the
Trustee Board and has delegated authority to administer the
Pension Scheme in accordance with the Scheme Rules.
Rules.
Pensions may be supplemented by the management
management with
with
the consent of the Director
Director of
of Personnel.
Personnel.
23Rules
Journalism
77 The Partnership publishes
publishes in-house
in-house journals,
journals,which
whichcover
cover
the Partnership
the affairs of the Partnership both
bothcentrally
centrallyand
andlocally.
locally.
They rely upon intelligent
intelligent cooperation
cooperation fromfromPartners,
Partners,
and a determination
determination on on the
the part
part of
ofmanagement
managementto toshare
share
as much information
information with
with Partners
Partners as aspossible.
possible.
78 The purpose of these
these journals
journals isis open
openand
andresponsible
responsible
communication, to encourage
encourage well-informed
well-informed andandfair
fair
opinion among Partners
Partners about
about their
their business.
business.The
Thejournals
journals
should be interesting
interesting and
and enjoyable
enjoyable as aswell
wellasasuseful,
useful,
but should not attempt
attempt toto duplicate
duplicatenon-Partnership
non-Partnership
publications. They should
should not
not comment
comment on oncontroversial
controversial
matters unconnected with
with the
the Partnership.
Partnership.
79 The Chairman takes a close personal
personal interest
interest in
in whether
whether
the journals are fully meeting
meeting the
the objectives
objectives of
of Rule
Rule 78.
78.
The effectiveness of the
the journals
journals isis the
theresponsibility
responsibilityof
of
the Director of Communications
Communications who who must
mustensure
ensurethat
that
the Chairman or thethe principal
principal director
director concerned
concernedhashasan
an
opportunity to amend
amend oror exclude
exclude any
anycommercially
commerciallysensitive
sensitive
material. If the Director
Director of
of Communications
Communicationsdisagrees
disagreeswith
with
the proposed amendment
amendment or or exclusion,
exclusion, he hemust
musttake
takethe
the
matter to the Chairman.
Chairman.
80 The Partnership fosters
fosters lively
lively correspondence
correspondence in in its
its journalism,
journalism,
and any Partner may write, anonymously
anonymously ifif he he wishes,
wishes, to to the
the
journals. The Chairman
Chairman will will safeguard
safeguard every
every Partner’s
Partner’sright,
right,
without fear of repercussions,
repercussions, to to express
express any
any views
views that
that the
the
Chairman believes
believes are
are held
held in in aa spirit
spirit of
of genuine
genuine loyalty
loyalty to to the
the
Partnership, however
however ill
ill advised
advised those
those views
views may
may seem,
seem, but but hehe
may edit the contents of or withhold
withhold fromfrom publication
publication aa letter
letter
that is personally abusive or defamatory.
abusive or defamatory.
24Rules
81 A letter to aa Partnership
Partnership journal
journal must
mustbe beacknowledged
acknowledged
in the journal as as soon
soon asas possible
possibleandandmust
mustbe
bepublished,
published,
with any comment from from thethe appropriate
appropriatemember
memberof of
management, within 21 21 days
days ofof the
the acknowledgement.
acknowledgement.
If it is not,
not, the
the correspondent
correspondent may maysend
sendaacopy
copytotoaaTrustee
Trustee
of the Constitution
Constitution who,
who, ifif he
he judges
judgesthat
thatpublication
publication
is of advantage to to the
the Partnership,
Partnership,may mayrecommend
recommendto tothe
the
Chairman that the letterletter must
must be be published
publishedimmediately.
immediately.
The Partners’ Counsellor
82 The Partners’ Counsellor
Counsellor seeks
seeks to
to ensure
ensurethat
thatthe
thePartnership
Partnership
principles and
is true to its principles and compassionate
compassionateto toindividual
individualPartners.
Partners.
He will watch closely
closely the
the effect
effect on
onthem
themofofthe
theapplication
application
of the Partnership’s Rules
Rules and
and other
other instructions,
instructions,andandalso
also
whether these are properly applied. He will be a member
properly applied. He will be a member
of the Partnership Council
Council andand of
of the
thePartnership
PartnershipBoard.
Board.
83 The Partners’ Counsellor
Counsellor hashas responsibility
responsibilityforforthe
the
independence, health and effectiveness of the Partnership’s
and effectiveness of the Partnership’s
elected representative bodies.
bodies. He
He has
has the
theright
righttotoattend
attendany
any
meeting of any ofof the
the Partnership’s
Partnership’srepresentative
representativebodies
bodiesand
and
will accept any reasonable
reasonable invitation
invitation to
tomeet
meetthem
themto toshare
share
information or to discuss
discuss any
any matter
matterthat
thatseriously
seriouslyconcerns
concerns
their individual interests.
interests.
84 He may have access to the records of all present
present and
and
former Partners.
85 He will encourage confidence on the part of anyany Partner
Partner to
to
come to him and talk freely and
and confidentially
confidentially without
without fear
fear
of repercussion unless the matter relates to that Partner’s
involvement in a disciplinary or grievance procedure.
He will also encourage such confidence in terms
terms of
of Partners
Partners
approaching their Partnership
Registrar. Assurance Lead.
25Rules
He must be completely
completely open
open with
with the
theChairman,
Chairman,andandmust
must
also tell him anything
anything which
which he
he ought
oughttotoknow
knowfor
forthe
thegood
good
of the Partnership.
Partnership.
86 He must be alert to to anything
anything about
about which
which Partners
Partners might
might
reasonably complain, and immediately take steps steps to
to put
put
it right. He will look out
out for,
for, and
and take
take steps
steps to
tosecure,
secure,
reasonable opportunities to improve Partners’ working working
conditions and amenities.
87 Counsellor may
The Partners’ Counsellor may be
be dismissed
dismissed only
only with
with the
the
agreement of
specific agreement of the
the Trustees
Trustees of
of the
the Constitution.
Constitution.
Registry
88 Partners’ Counsellor
The Partners' Counsellor isis responsible
responsibleforforelections
electionsto
to
Partnership’s representative
the Partnership’s representative bodies,
bodies, in
in accordance
accordancewith
with
Trustees of
the decisions of the Trustees of the
the Constitution.
Constitution.
89 He appoints Partnership
registrars to Assurance Leads to of
work as colleagues work as colleagues
senior
of senior management
management in all the in all the Partnership’s
Partnership’s operations,
operations, except where
except
the where the
Chairman Chairman
decides decides
otherwise. otherwise.
They They have
have independent
independent
status status
within the within the and
Partnership, Partnership, and arethrough
are responsible responsible
through
the the Partners’
Partners’ CounsellorCounsellor to the Chairman
to the Chairman for ensuring
for ensuring that
thatPartnership’s
the the Partnership’s principles
principles and and policies
policies are applied
are applied
consistently in the branches where they they work.
work.
90 Partnership
Registrars Assurance
must Leads must
have a thorough have a thorough
knowledge and knowledge
and understanding
understanding of Constitution
of the the Constitution
and and of relevant
of relevant
precedents, and may have access
access to
to any
any documents
documents within
within
the fields
fields of work they
they cover.
cover. They
They must
must tell
tell the
the Partners’
Partners’
Counsellor of any matter that seems
seems to
to them
them contrary
contrary to
to the
the
Partnership’s Constitution or policies.
26You can also read
