Talk Employment Complaints Policy
We value all our clients and are committed to providing a high-quality service to each one of our clients. If something does go wrong, we need you to tell us about it so that we can put right any wrongs and do so as quickly as possible. All our staff are fully aware of our complaints procedures and should be open-minded and understand if you need to make a complaint. Where possible, and in the first instance we try to resolve concerns informally.
However, if you are still unhappy after speaking to the lawyer, or are uncomfortable discussing any issues with them, you may raise a formal complaint under this procedure. In order to do this, please contact David Davies Complaints & Policy Handler, by sending an email to complaints@talkemployment.co.uk or writing to 82a James Carter Road, Mildenhall, Suffolk, IP28 7DE. David Davies has overall responsibility for complaints and will decide how your complaint should be investigated.
When contacting us with any concerns, it would be preferable to set it out in writing, but this is not mandatory, and you may prefer to discuss it over the telephone. Please note, however, that we will not deal with complaints through social media or review sites this is for your protection to ensure client confidentiality.
How does Talk Employment define a complaint?
A complaint is a statement, whether written or oral that is received from a client of the company which expresses dissatisfaction with the service they have received. We will handle any complaint as defined above in accordance with this procedure.
Who can make a complaint?
Other than in very limited circumstances, our complaints handling procedure is reserved for clients of Talk Employment. Unless we have provided services to you as an individual, or to your business, you will not be able to complain through this procedure.
What can I complain about?
You may complain about any aspect of the service provided by Talk Employment, including our fees. You should be aware that if you make a complaint about our fees, either through our internal procedure or the Legal Ombudsman scheme, we are not obliged to put your account on hold and may decide to take legal action to recover any outstanding fees. Please note, however, that in circumstances where you are pursuing a professional negligence claim against us, we will not deal with complaints arising out of the issues that form the basis of the negligence claim. Individuals have certain rights to complain or request information under data protection law. For full details, please visit our privacy notice.
How does the procedure work?
Initially we hope that you will immediately raise any difficulties with the member of our staff undertaking your work, either verbally or in writing. We hope that most problems or misunderstandings will be resolved at this level. If this is not possible or you do not feel it is not appropriate in the circumstances, the following formal procedure will apply.
Acknowledgement: within three working days of receiving your complaint, we will send you a written acknowledgment explaining the next steps.
Investigation: this stage will involve reviewing your file and discussing your concerns with the lawyer who acted for you in order to find out what happened. We may also invite you to a meeting to discuss and, we hope, resolve the complaint. If there is a meeting with you, we will write to you within five days of the meeting confirming what took place and any solutions agreed with you.
Response: The response will be issued usually within 21 days of sending you the acknowledgement letter. The letter will confirm our position on the complaint and explain our reasons. If we must change any of the timescales above, we will let you know and explain why.
Do I have a right of appeal?
Through this procedure we aim to resolve all concerns to your satisfaction. But if you are not satisfied with our response, you may be eligible to refer the complaint to the Legal Ombudsman to consider the complaint. The Legal Ombudsman is the statutory complaints handling body for complaints about lawyers and can be contacted at PO Box 6167, Slough, SL1 0EH or enquiries@legalombudsman.org.uk, by telephone on 0300 555 0333 or Minicom on 0300 555 1777. Their website is www.legalombudsman.org.uk.
In the case of a complaint about your bill, you may be entitled to have your bill assessed by the court under Sections 70 – 72 of the Solicitors Act 1974. Please note that, if you exercise your right to have a bill assessed by the court, the Legal Ombudsman may not be able to consider your complaint.
The Legal Ombudsman expects complaints to be made to them within one year of the date of the act or omission about which you are concerned or within one year of you realising there was a concern. You must also refer your concerns to the Legal Ombudsman within six months of our final response to you. The Legal Ombudsman may extend time limits to the extent it considers fair if an ombudsman considers it is fair and reasonable in all the circumstances.
Please note that to be entitled to complain to the Legal Ombudsman, you must be:
- An individual;
- A business or enterprise that is a micro-enterprise (Micro enterprises are defined as enterprises which employ fewer than 10 persons and whose annual turnover or annual balance sheet total does not exceed €2 million. (Article 1 and Article 2(1) and (3) of the Annex to Commission Recommendation 2003/361/EC, as that Recommendation had effect at the date it was adopted.));
- A charity that has an annual income, net of tax, of less than £1 million;
- A club/association/organisation, the affairs of which are managed by its members/a committee/a committee of its members, that has an annual income, net of tax, of less than £1 million;
- A trustee of a trust with an asset value of less than £1 million; or
- A personal representative or beneficiary of the estate of a person who, before they died, had not referred the complaint to the Legal Ombudsman.
Alternative Complaints Handling Body
Under EU law, we are required to inform you that alternative complaints handling bodies (such Pro mediate, Brow Farm, Top Road, Frodsham, Cheshire WA6 6SP, 01928 732455, www.promediate.co.uk) exist which are able to deal with complaints about legal services should both you and we wish to use such a scheme. However, given that the decision of a mediator is not binding on you or us we see no benefit in this and it will be unusual for us to agree to a reference to such a body.
What to do if you are unhappy with our behaviour
The Solicitors Regulation Authority (‘SRA’) can help if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.
Visit the SRA website at www.sra.org.uk/consumers/problems/report-solicitor/ to see how you can raise your concerns.