Legal Factsheet
Matters not dealt with under the REC Complaints and Disciplinary Procedure
Legal disputes between parties but no breach of the REC Code of Professional Practice
- The REC has no power to settle legal disputes under the REC Complaints and Disciplinary Procedure.
- The scope of the REC complaints procedure is limited to the investigation of complaints that REC members have breached the REC Code.
- Parties involved in legal disputes should be mindful that legal action must be brought within the following time limits in the following circumstances:
County Court
| Type of Breach | Timescale |
|---|---|
| Breach of contract/Negligence | 6 years from the alleged breach |
| Tort/Negligence | 6 years from when loss is suffered In some instances (subject to a 15-year cap) this may be extended where the negligence is discovered after 6 years. In that case, you have 3 years to bring a claim from the date of knowledge (or from the date when you ought to have known) of the alleged negligence. |
Employment Tribunal
| Type of Breach | Timescale |
|---|---|
| Unfair dismissal | 3 months from the dismissal |
| Redundancy | 6 months from the dismissal |
| Wrongful dismissal | 3 months from the dismissal |
| Non-payment/unlawful deductions | 3 months from non-payment/unlawful deduction |
| Non-payment of holiday pay | 3 months from non-payment |
| AWR infringement | 3 months from non-receipt of the equal treatment |
| Discrimination claims | 3 months from the alleged act of discrimination |
N.B. If you are considering bringing a claim, you should always act as quickly as possible and seek legal advice.
Legal dispute in progress but also potential breach of REC Code of Professional Practice
The REC will not commence its Complaints and Disciplinary Procedure until any legal proceedings have been concluded due to issues surrounding the disclosure of information. Therefore, if a legal dispute is in progress at the time that a complaint is made to the REC and there is also a potential breach of the Codes, we would ask that you return to us once the legal proceedings have been concluded so we can look into any potential breaches of the Codes.
Dispute relating to the complainant's employment with an REC member
The REC Complaints and Disciplinary Procedure does not cover complaints brought by REC members' own employees or former employees (i.e. members of staff who work/have worked at the agency), as this relationship is covered in law by your contract of employment and general employment law.
Potential for a legal dispute but one is not active at the time the complaint is made and there is also a potential breach of the REC Code of Professional Practice
Neither the Codes nor the Complaints & Disciplinary Procedure are legal documents and the REC’s Complaints Procedure cannot be a substitute for legal action. Any findings made by the REC has no legal standing and is not binding on any court or tribunal
- The REC has no powers to settle legal disputes under the REC Complaints and Disciplinary Procedure. Parties in these circumstances should be mindful of the time limits imposed on bringing various actions in the Courts and Employment Tribunals. See point 1 above.
- In any case where a legal dispute is imminent, but one is not active at the time the complaint is made and there is a potential breach of one of the Codes, we would also ask that you consider taking the same approach as outlined above (see point 2).
- Where there is a potential for a legal dispute, but one is not active at the time the complaint is made, the REC may commence its Complaints and Disciplinary Procedure if appropriate. In investigating a complaint, the REC may require either party to release information that may also be relevant to the legal dispute. Information that either party submits to the Complaints Team at the REC during its investigation is not subject to legal professional privilege and may therefore have to be disclosed during any legal proceedings.
- If either party does not wish to make such disclosures because of the potential for legal disputes in the future that is a matter for them. However, the parties should be mindful that failure to disclose vital evidence may prejudice the outcome of the REC's complaints investigation. Failure to co-operate with the REC can become a disciplinary matter in of itself.
- If this matter does become litigious at any stage during the REC investigation into it as a complaint, either party may request, in writing, that REC's investigations be adjourned until the conclusion of the legal proceedings. If either party does request an adjournment the REC would need to see documentary evidence to support this request and whether or not an adjournment would then follow will be considered on a case-by-case basis.
- At the end of a period of adjournment when REC is informed that the legal proceedings have been concluded, it may re-commence the complaints procedure if there are outstanding issues relating to the Code of Professional Practice that have not been resolved. It is incumbent on both parties to inform REC once legal proceedings are at an end.
- The REC may ask for a copy of any finding of a court or tribunal and will defer to the finding, where appropriate.
- The REC are unable to provide a mediation service in any legal disputes.
If you have any further queries with regards to this information, please call us on 0207 009 2100.