Some common complaints made against Professional Individuals

Working outside competencies

Allegations can arise when individuals have operated outside of their competencies regarding assessments, report writing, or expertise. Often these complaints can originate from fellow professionals.

• A HR consultant was contracted to provide HR support and advice to a firm, including absenteeism, disciplinary issues, dismissals and contracts of employment. The insurance claim arose following an employee making a claim for unfair dismissal. This claim was alleged to have arisen as a direct result of incorrect advice given by the consultant.
• An employee, who complained about the behaviour of their line manager alleging sex, race and disability discrimination, took the Probation Service to the Employment Tribunal and named one of the HR consultants contracted by the Probation Service as a correspondent.

Employment and Staffing Advice

• A training company provided a Staff Handbook to a manufacturer which did not include Restraint of Trade or Confidentiality conditions and subsequently former employees formed a competing company allegedly causing loss of revenue.
• A firm was taken to an Employment Tribunal following the compulsory retirement of a member of staff. The consultant employed by the firm had failed to ascertain the age of the employee and as they were only 60 years old had contravened the retirement age of 65 years.
• A company was provided with a contract of employment by a HR consultant that stated the incorrect minimum wage.

Other Complaints

• A company was accused of selling counterfeit products, even though the business had received advice that the products were validated and registered by the manufacturer. The client became the subject of a claim by the manufacturer.
• Allegation of a Breach of Copyright regarding the unauthorised use of images on a website which was designed by a specialist website design company.
• An organisation complained against the use of a company’s trading name which infringed the trade mark registered by this organisation.
• Allegation of a Breach of Copyright following use of material that was produced by another party, without having the necessary licence or authorisation.
• A company refused a graduate entry to the 2nd year of their graduate training programme on the basis of a year end interview believing the individual was unsuitable due to personality/behavioural concerns. The complainant alleged discrimination.
• A consultant, employed by a major retailer was accused of benefitting financially from directing the clients away from a free counselling helpline offered by the retailer to their own consultancy.