Tim Russell Tim Russell - Employment Law Consultant  
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Complaints Procedure

I want to give my clients /you the best possible service. However, if at any point you become unhappy or concerned about the service I have provided then you should kindly inform me immediately by phone or email ( preferably ) or letter , so that I can do my best to resolve the problem.

Although over my some 35 years as a practising solicitor I have never had a formal complaint filed against me I take my ongoing client responsibilities very seriously and have full Solicitors Professional indemnity insurance ( effected through Lockton Companies LLP the details of which are available upon request ) covering me and therefore my clients up to £2 million . To protect my clients were a complaint made and a loss incurred .

The SRA Solicitors Regulation Authority can help you if you have a formal complaint about me that remains unresolved. Making a complaint will not affect how I handle your work/case if you still wish me to act for you . But whether I am still acting for you or not you may inform the SRA if you have an outstanding complaint and you are e.g. concerned about my perceived dishonesty or believe I have treated you unfairly because of your age, disability or other protected characteristic.

If your complaint still remains unresolved and you wish to pursue it then the Legal Ombudsman may be able to assist you. They will look at your complaint independently though before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with me and or the SRA first.

If you do take your complaint to the Legal Ombudsman then you must do so :

Within six months of receiving a final response to your complaint and
No more than six years from the date of act/omission; or

No more than three years from when you should reasonably have known there was cause for complaint.

If you would like more information about the Legal Ombudsman, please contact them.

Contact details
Visit: www.legalombudsman.org.uk
Call: 0300 555 0333 between 9am to 5pm.
Email: enquiries@legalombudsman.org.uk
Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ

Tim Russell
Tel 07767 646 656

Case of the Month
Automatic unfair dismissal claim
My former London Central Employment Tribunal Judge colleague, Simon Auerbach (now promoted to the EAT ) decided in Accattatis v Fortuna that there can only be one “principal” reason for what was an automatic unfair (health and safety related) dismissal claim. May sound obvious but it often is not. A reminder to the ET and to an employer to choose a reason and show consistency in any subsequent ET3 defence. And if (for instance) it is Conduct and Capability, and they are linked, better to go down the (mis)conduct route in most cases which lends itself more easily to a disciplinary process.
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