Internal Complaints Procedure
Scope of Procedure
This procedure covers: members of Chambers; pupils of Chambers; mini-pupils; Chambers’ employees and applicants for positions in Chambers. This procedure is applicable to any complaint, grievance or dispute including but not limited to complaints of unfair discrimination or harassment. Complaints from members of the public concerning barristers or the employees of barristers, will be dealt with in accordance with our published Chambers Complaints Procedure – a copy of which will be provided upon request.
Statement of Policy
These Chambers are committed to providing a working environment in which all individuals including members, pupils, mini-pupils, employees, clients and the public are treated with dignity, respect and fairness. No one will be victimised or suffer a detriment because they raise a complaint or grievance in good faith under this procedure.
Notification of Procedure
A copy of this procedure will be given to all members, staff, pupils and mini-pupils in Chambers and a copy kept in the Chambers’ administration manual. The Chambers Equality and Diversity Officers (Martin Evans KC and Catherine Collins) are the appropriate individuals for queries about this policy and notification of formal complaints.
Confidentiality
Confidentiality will be maintained as far as possible and appropriate in the circumstances.
Formal Complaints – Time Scales
Complaints will be dealt with promptly in accordance with this procedure. A formal complaint must be made as soon as reasonably possible and in any event within six months of the act being complained of, or within six months of the end of any informal action taken, save in exceptional circumstances. A formal complaint, which should be made in writing, will be acknowledged by one of the Chambers Equality and Diversity Officers (Martin Evans KC and Catherine Collins) within seven days’ of receipt. Any investigation will be completed within 28 days of receipt, unless there are good reasons for delay. Investigations will be conducted in accordance with standards of natural justice. Where possible, two members of Chambers not directly involved in the complaint will undertake the investigation. All parties to the complaint will be permitted to be accompanied by a colleague or friend at any hearing.
Remedial Action
The complainant will receive a written response on the outcome of the complaint with a clear indication of the action Chambers will take if the complaint is upheld. Solutions which rely on changes to working arrangements which may unreasonably disadvantage the complainant should be avoided as this could amount to victimisation.
If the formal grievance or complaint is found to have substance appropriate steps in the circumstances will be taken to remedy the problem. A brief confidential report on all formal complaints and on the outcome will be made to the Head of Chambers/Equality and Diversity Officers and records will be retained for a period of one year from the conclusion of the case with a discretion to keep longer if necessary.
Informal Procedures
Complaints of grievances are more easily resolved if dealt with at an early stage. Individuals with complaints or grievances are recommended to seek the assistance of the Equality and Diversity Officers (Martin Evans KC and Catherine Collins) who will, as far as possible, give confidential advice and assistance.
Complaints or Grievances by Pupils
Pupils are encouraged to discuss any grievances which they may have during their pupillage with their pupil-supervisors.
In some cases this may not be possible or appropriate and the pupil should then approach the Head of the Pupillage Committee. If resolution of the complaint is not possible, the pupil should set out the complaint in writing to the Equality and Diversity Officers (Martin Evans KC and Catherine Collins) for investigation.
Complaints or Grievances by Tenants
If a member of Chambers has a complaint about a clerking matter, in the first instance he/she should attempt to resolve it with the senior clerk or seek the assistance of the Head of Chambers or the Equality and Diversity Officers (Martin Evans KC and Catherine Collins). Any other issue may be raised with the Head of Chambers. If resolution of the complaint is not possible through these informal channels, the complaint should be referred in writing to the Equality and Diversity Officers (Martin Evans KC and Catherine Collins).
Complaints or Grievances by Chambers Staff
Chambers’ staff are encouraged to raise any matter about which they are unhappy in respect of their overall treatment within Chambers with the senior clerk in the first instance or the Equality and Diversity Officers (Martin Evans KC and Catherine Collins), if this is appropriate. Where it is inappropriate to raise the matter with the senior clerk, the matter can be referred to the Head of Chambers/ the Equality and Diversity Officers (Martin Evans KC and Catherine Collins). If informal resolution of the complaint or grievance is not possible or inappropriate, a formal complaint should be referred in writing to the senior clerk or, if not appropriate, the Head of Chambers for investigation. Employees have a statutory right to be accompanied at all grievance hearings.
Disability Discrimination Act 1995
Where a barrister, pupil or Chambers employee is disabled, Chambers is under a duty to consider a reasonable adjustment to this policy. A request for a reasonable adjustment should be made to the Equality and Diversity Officers (Martin Evans KC and Catherine Collins).
Every complainant has a right to consult with the Bar Council Equal Opportunities Officer for confidential advice and to lodge a formal complaint of professional misconduct with the Bar Council. The Bar Council Equal Opportunities Officer can be contacted on 020 7242 0082.
Complainants of unlawful discrimination have a legal right to apply, subject to time limits, to the County Court or, for Chambers' employees, to the Industrial Tribunal. The Commission for Racial Equality and the Equal Opportunities Commission are also available for consultation.