Complaints Policy

1. Introduction

Spencer Clarke Group follows strict standards in order to ensure that all candidates that we supply to our clients are of the highest professional and personal calibre. We take seriously any concerns raised regarding our staff and our candidates (and the organisations that we place candidates in).

This policy gives details of what action we will take when concerns are raised with us and should be raised alongside our Code of Conduct, Safer Recruitment Policy.
 

2. Scope of the policy

This policy applies to anyone employed by Spencer Clarke Group including our Directors, staff, and any work placement/volunteers or anyone registered with us as a candidate.

Any member of staff or candidate who wishes to raise a concern regarding their conditions at work (or similar) should do so through the Company Grievance procedures and also refer to the Whistleblowing Policy.

Any organisation or service wishing to complain about our services, or the suitability/capacity of any candidate placed with them should do so under this procedure.
 

3. Where there are concerns that an adult may have harmed or be a risk or be unsuitable work to children
A concern may be raised against an adult which suggests that they may be a risk to a child. This includes people who may:

• behaved in a way that has harmed a child, or may have harmed a child;
• possibly committed a criminal offence against or related to a child;
• behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children; or
• behaved or may have behaved in a way that indicates they may not be suitable to work with children.

If a concern meets these criteria, then the process outlined in the Allegations Policy should be followed.

4. Complaints

The details of any complaint against a candidate or member of staff is processed in a central incident file/in their respective electronic file on our system.

When we receive a complaint, we explain our procedures for handling complaints and ask the candidate or member of staff in question if they would like for us to commence a process accordingly.
 

Candidates
Complaints concerning candidates will be brought to the attention of the candidate by their consultant. Together they will discuss the complaint and the consultants will give warnings where necessary.

The details of the discussion and any warnings will be documented on the candidate’s record. Candidates will be told that if the behaviour is repeated or any further complaints are received, it will result in further warnings and ultimately could lead to the removal from Spencer Clarke Group register. Examples of complaints include the following:

• Failure to follow instructions, if applicable.
• Lateness.
• Failure to carry out minor duties, such as cleaning up.
• Unsuitable attire.

Clients

Consultants will encourage candidates to speak openly about their experience with the role and the workplace in which they have been placed.

Candidate comments will be treated in confidence unless it is agreed with the candidate to raise the issue with the client. The consultant will act on behalf of the candidate to help resolve any issues causing difficulty for them.

Complaints which do not meet the criteria for an allegation (see above) but are of a serious nature regarding the behaviour of client staff will be communicated to the Business Manager.
 

5. Internal investigation procedures
Where appropriate, Spencer Clarke Group will undertake an internal investigation into the complaint.

Stage 1
The complaint should be communicated to Spencer Clarke Group by phone, in writing or by email to explain the nature of the complaint and how it has arisen.

If the complainant is a client, the client will be asked the following questions:

• Do you wish to terminate the engagement with the candidate?
• Do you want to terminate immediately or wait until an investigation has been carried out?
• Would you like a replacement candidate?

If the complainant is a candidate, the candidate will be asked the following questions:

• Do you wish to terminate the engagement?
• Do you want to terminate immediately or wait until an investigation has been carried out?

Spencer Clarke Group must be informed immediately of all serious allegations made against candidates or clients.

Stage 2

Spencer Clarke Group will inform the complainant that we conduct our own investigation. We will also explain the process of that investigation. A written statement will be requested from the complainant, together with any supporting documentation of the incident or incidents.

If the complaint is aimed towards a candidate, Spencer Clarke Group will build up a profile of the candidate based on their original clearance checks, references and feedback from previous clients since working for Spencer Clarke Group in order to assess the nature of the incident.
 

Stage 3

The complainant is notified about the complaint and is asked for their version of the events. Confidentiality is maintained on a need-to-know basis.

If the complainant is a client, they will be asked to discuss the matter over the phone or in person. If the complainant is a candidate, they are asked to attend a face-to-face review meeting. During this meeting the alleged incident will be discussed in detail, so the Business Manager can evaluate the candidates’ ability to continue working for Spencer Clarke Group.

During the complaint, if it becomes apparent that the complaint is more serious and meets the criteria for an allegation then you should revert to the allegations policy and follow that.

Stage 4
Spencer Clarke Group informs the complainant of the steps that have been taken and of the outcome of the investigation. The complainant is advised that if the matter cannot be resolved and that the seriousness of the allegation warrants further action, to adopt whatever measures would normally come into force to meet legal requirements.

If the issue needs to be resolved through any authority involvement, Spencer Clarke Group will be guided by the authority’s decision when considering working with the complainant subsequently.

Stage 5
If the complainant is a candidate with an unblemished record and where a genuine error in professional practice has been made, Spencer Clarke Group will go through the Terms of Engagement with the candidate and require the candidate to resign the terms.

If required, additional training will be given. In the event of repetitive minor misdemeanours and where complaints are continually being made (by the same or different clients), we will take action and make a decision to remove the candidate from Spencer Clarke Group’s register.

All candidates returning to work for Spencer Clarke Group after a review meeting are closely monitored on returning and relevant notes are kept on their file.

If Spencer Clarke Group is still concerned about a candidate’s ability to return to work after their practice review meeting, the matter will be referred to the Business Manager.

For issues defined as professional incompetence or serious misconduct which have been the subject of an investigation and which have been proven to the satisfaction of the Business Manager of Spencer Clarke Group, a candidate will be immediately removed from the Spencer Clarke Group register.

If a candidate is removed from the Spencer Clarke Group register, the candidate and the relevant authorities will be informed, for example the Disclosure and Barring Service. Affected clients will also be informed.

6. Complaints against Spencer Clarke Group
It is our utmost priority that incidents and complaints are dealt with in a fair manner. If a complaint were to be made against Spencer Clarke Group by either a candidate or a client, the matter would be referred to Business Manager who would decide which course of action would be most appropriate to follow in accordance with the Spencer Clarke Group Grievance Policy.

To ensure the complainant is kept informed at all stages of the process, reports are issued either verbally or in writing. Support is given to both parties until a satisfactory conclusion is reached.

7. Whistleblowing Policy
This statement should be read alongside Spencer Clarke Group’s Whistleblowing Policy. Spencer Clarke Group encourages a free and open culture in dealings between its managers, employees and all people with whom it engages in business and legal relations.

In particular, this company recognises that effective and honest communication is essential if concerns about breaches or failures are to be effectively dealt with and the company’s success ensured.

This policy is designed to provide guidance to all those who work with or within the company who may from time to time feel that they need to raise certain issues relating to the company with someone in confidence.

Workers who in the public interest raise genuine concerns under this policy will not under any circumstances be subjected to any form of detriment or disadvantage as a result of having raised their concerns. For further details, see Spencer Clarke Group’s Whistleblowing Policy