Action Area F - Complaints and Grievances

F. COMPLAINTS AND GRIEVANCES

Complaints Handled Internally

1.78 The Bar Council recommends that all Chambers should have a written grievance procedure and that this should include procedures for handling complaints of discrimination and harassment. The procedure should be brought to the attention of every pupil, tenant and Chambers' employee.

LINK TO MODEL GRIEVANCE PROCEDURE

1.79 It is important for a person who has a complaint about discrimination, particularly where harassment is alleged, to have access to someone who can give them sympathetic advice and, if necessary, counselling. This should take place in an atmosphere of total confidentiality.

1.80 Complaints and grievances should be dealt with promptly, objectively and fairly.

1.81 In order to assist in the effective resolution of grievances within Chambers it is recommended that, in addition to the formal procedure, Chambers should nominate one or two members of Chambers to act as informal advisers to potential complainants, and to assist, when asked, in the informal resolution of grievances.

1.82 Barristers who have paid their voluntary subscriptions and their clerks may also approach the Bar Council Arbitration and Conciliation Service to resolve disputes between barristers themselves and between barristers and their clerks.

LINK FOR INFORMATION ON ARBITRATION AND CONCILIATION SERVICE

1.83 Chambers’ employees are able to raise complaints through the new statutory grievance procedures which, together with statutory dismissal and disciplinary procedures, are an implied term of all contracts of employment in all Chambersregardless of size or number of employees.

LINK TO INFORMATION ON STATUTORY PROCEDURES SEE D.T.I. WEBSITE – RESOLVING DISPUTES: A NEW APPROACH IN THE WORKPLACE

1.84 When a complaint is made, in the interests of all concerned, confidentiality should be maintained throughout any investigatory process as far as possible and as appropriate in the circumstances. Names of complainants must not be released (save to those conducting the investigation and to the person complained against) without their consent

Formal Procedures

1.85 Formal grievance procedures should include:

· the allocation of responsibility for investigating complaints to at least two members of Chambers, including one senior member, each of whom should be familiar with the Code of Conduct and the Equality and Diversity Code for the Bar. In the event of a conflict of interest, provision should be made for the involvement of additional members of Chambers, or other nominated persons;

· names of Chambers' informal advisers;

· an undertaking that complainants will not be victimised or suffer detriment because of a complaint made in good faith;

· an undertaking that all procedures will, as far as practicable, be confidential;

· a requirement for the complaint to be made in writing;

· a time limit within which a written response should be delivered;

· the range of remedial actions where complaints are substantiated;

· identification of the relevant Bar Council Committees and external bodies to which complaints may be addressed;

· an indication of opportunities for support and counselling provided by the associations and groups for women lawyers, members of minority ethnic groups, disabled people, lesbians or gay men, the Pupil Barristers’ Group or the Mature Entrants’ Group. Confidential assistance may also be sought from the Equal Opportunities Officers at the Bar Council.

Complaints of Unfair Work Allocation

1.86 By establishing regular monitoring and reviews of allocation of work, Chambers should reduce the need for formal complaints by providing a regular opportunity to identify and remedy problems. Where there is a complaint about the distribution of work from a pupil or tenant, the complaints procedure set out above should apply. A set period during which more detailed monitoring of the distribution of work will take place, may be included as a step in the investigation of the complaint.

Complaints of Harassment

1.87 See paragraphs 1.73 to 1.77 above.

Remedies

1.88 Where, following investigation of a complaint, actual or potential discrimination has been identified, remedial action should be taken immediately. This may include all or some of the following:

· a re-evaluation of the applications and/or another interview with another panel (e.g. for a complaint from an unsuccessful applicant for pupillage, tenancy or a job);

· a change of practice (e.g. in relation to unfair work allocation);

· implementation of a reasonable adjustment (in relation to a complaint from a disabled person);

· further advice, briefing or training for the members of selection panels, Chambers clerks and staff;

· advice and support to ensure that the complainant is not victimised as a consequence of making a complaint in good faith;

· disciplinary action.

1.89 A report on all complaints, and on the findings of the investigations, should be made to the Head of Chambers. Chambers should maintain confidential records of all complaints and records of meetings. These should be reviewed annually to ensure that the procedures are working effectively.

1.90 Chambers may be required to explain how they investigated any complaint that is taken to the Bar Council or other external body. An analysis of any complaints received will also be useful in identifying problem areas, training needs or scope for further action when Chambers review their procedures.

Complaints Made to External Bodies

1.91 Any individual (member of Chambers, pupil, employee or client) may complain about the conduct of an individual barrister to the Professional Conduct and Complaints Committee of the Bar Council, or to the Inn about a pupil supervisor.

1.92 Where an individual has a statutory complaint of unlawful discrimination, the complaint may be pursued through the employment tribunals or County Court as appropriate.