Model Complaints or Grievance Procedures for Chambers

This model procedure is presented as a guide for chambers wishing to establish a complaints and grievance procedure. It may be adapted to suit chambers’ particular requirements.

Scope of Procedure

This procedure covers: members of chambers; pupils of chambers; mini-pupils; chambers’ employees[1] 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 PCCC requirements (see Bar Council website).

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[2].

Notification of Procedure

A copy of the procedure, which includes names of the nominated persons for responding to formal and informal complaints and grievances, will be given to all members, staff, pupils and mini-pupils in chambers and a copy kept in the chambers’ administration manual [or displayed on a notice board].

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 the Head of Chambers/nominated member of chambers within seven days’ of receipt. Any investigation should be completed within 28 days of receipt, unless there are good reasons for delay. Investigations should be conducted in accordance with standards of natural justice. Where possible, two members of chambers not directly involved in the complaint should undertake the investigation. All parties to the complaint should 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/nominated person 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[3].

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 one of the nominated members of chambers who will, as far as possible, give confidential advice and assistance. [A list of nominated persons should be appended to this procedure].

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 nominated informal adviser (it is recommended that a senior member of chambers, such as the Head of the Pupillage Committee, and a junior tenant are nominated as informal advisers for pupils). If resolution of the complaint is not possible, the pupil should set out the complaint in writing to the Head of Chambers (or nominated recipient of formal complaints) 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 other nominated member of chambers. Any other issue may be raised with the Head of Chambers/or Management Committee/or with nominated members of chambers. If resolution of the complaint is not possible through these informal channels, the complaint should be referred in writing to the Head of Chambers/nominated member for investigation. (NB: “Practice Management for the Bar” recommends chambers to have a written constitution which sets out policy and arrangements for the fair and fast resolution of disputes and includes a model constitution).

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 alternative nominated person, if this is appropriate. Where it is inappropriate to raise the matter with the senior clerk, the matter can be referred to the Management Committee/Head of Chambers/other nominated person. 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 there is a duty to consider a reasonable adjustment to this policy. A request for a reasonable adjustment should be made to the nominated members of chambers or to the Chamber’s Equality Officer.

Further Sources of Information

  • Code of Conduct of the Bar of England and Wales
  • Equality and Diversity Code for the Bar
  • Practice Management for the Bar
  • Pupillage File

[1] There is now an entitlement to a statutory grievance procedure for employees and where a grievance procedure is not complied with, compensation paid on a successful claim will involve a punitive element.

[2]Discrimination by Victimisation – It is unlawful to treat a person less favourably because he or she has brought proceedings under the Race Relations, Sex Discrimination or Disability Discrimination Acts, given evidence or information relating to proceedings, or has alleged that discrimination has occurred. Such treatment also would breach Para.305 of the Code of Conduct.

[3]If a complaint is not resolved within chambers a further avenue of appeal to an external, independent individual may be considered. Where the complaint concerns equal opportunities matters the individual should have relevant expertise.