Conduct & responsibility

Complaints Handling Procedure

How to raise a complaint, the acknowledgement and investigation timeline, and the escalation route if the outcome is unsatisfactory.

Document reference: FGL-LEG-17
Version date: 1 July 2026
Applies to: Fratres Limited

1.Interpretation and definitions

In this Complaints Handling Procedure the following capitalised terms bear the meanings given to them below. Terms defined in the UK GDPR and not otherwise defined here bear the meanings given to them in that instrument.

Company: Fratres Limited, a private company limited by shares incorporated and registered in England and Wales, together with any establishment through which it carries on business in Bangladesh or elsewhere.
Procedure: This Complaints Handling Procedure, as amended and republished from time to time on the Website.
Complaint: Any expression of dissatisfaction, however made and whether justified or not, about the service provided by the Company, about the conduct of any Personnel, or about the Company’s compliance with its published policies, which calls for a response.
Complainant: The person or organisation that makes a Complaint, or a representative acting on that person’s or organisation’s behalf with written authority.
Personnel: The directors, officers, employees, consultants, contractors, secondees, agents and interns of the Company, and any other person acting for or on behalf of the Company in connection with its business.
Engagement: A contractual engagement between the Company and a client for the provision of advisory or project facilitation services, governed by the Company’s Terms of Business or by a bespoke engagement letter.
Investigating Officer: The individual allocated responsibility under clause 7 for investigating a Complaint and issuing the written outcome under clause 10.
Reviewing Officer: The director, or the independent external reviewer, allocated responsibility under clause 11 for conducting the review stage of a Complaint.
Complaints Register: The central record of Complaints maintained by the Company under clause 13.
Business Day: A day other than a Saturday, Sunday or public holiday in England and Wales on which the clearing banks in London are open for general business.
Website: The website published at fratresgroup.com, together with every subdomain, sub-directory and page operated by or on behalf of the Company under that domain.
Enquiry Form: The enquiry form published at fratresgroup.com/contact, being the single published channel through which the Company receives correspondence, including Complaints.
UK GDPR: The retained EU law version of Regulation (EU) 2016/679 as it forms part of the law of England and Wales by virtue of section 3 of the European Union (Withdrawal) Act 2018, read with the Data Protection Act 2018.

1.1

Clause headings are inserted for convenience only and do not affect the interpretation of this Procedure.

1.2

The words “include”, “includes” and “including” are to be read as being followed by the words “without limitation”.

1.3

A reference to a statute, statutory provision or subordinate legislation is a reference to it as amended, extended or re-enacted from time to time, and includes any subordinate legislation made under it.

1.4

Words in the singular include the plural and words in the plural include the singular.

1.5

A reference to writing or written includes correspondence submitted through the Enquiry Form and correspondence sent by electronic mail, but does not include a message sent by any social media or instant messaging channel.

1.6

A period expressed in Business Days begins on the Business Day after the event from which it runs. Where a Complaint or other communication is received after 17:00 on a Business Day, or on a day that is not a Business Day, it is treated as received on the next Business Day.

2.Purpose, status and scope

2.1

The purpose of this Procedure is to provide a single, published and accessible route by which any person affected by the Company’s work may raise a Complaint, to ensure that every Complaint is investigated fairly and independently of the subject matter complained about, and to ensure that what the Company learns from a Complaint is applied to the way it works.

2.2

This Procedure applies to the whole of the Company’s business, including its advisory, investment facilitation, government relations, regulatory engagement and partnership development activities, whether carried out in the United Kingdom, in Bangladesh or in any other jurisdiction, and whether carried out by Personnel directly or by a third party engaged by the Company.

2.3

All Personnel must comply with this Procedure. Compliance is a condition of engagement, and a failure to record, escalate or handle a Complaint in accordance with this Procedure is a disciplinary matter or, in the case of a contractor or consultant, a matter that may result in termination of the relevant contract.

2.4

The Company makes no charge for the handling of a Complaint at any stage. A Complainant is not required to instruct a solicitor or any other professional adviser in order to use this Procedure, and the Company does not reimburse the cost of doing so where a Complainant chooses to.

2.5

This Procedure is an internal operating procedure. It is not a contractual term, it does not form part of any Engagement unless expressly incorporated, and it confers no right enforceable under the Contracts (Rights of Third Parties) Act 1999. It does not limit, exclude or replace any right that a Complainant has under an Engagement, under statute or at common law.

2.6

Where an Engagement contains a dispute resolution or escalation clause, this Procedure operates alongside that clause and without prejudice to it. Use of this Procedure is not a condition precedent to the exercise of any right under an Engagement, and the Company shall not argue that a Complainant is precluded from exercising such a right because this Procedure has not been used or completed.

2.7

The Company is not authorised or regulated by the Financial Conduct Authority or by any other financial services regulator, and does not carry on any regulated activity. The consequences of that position for the external routes available to a dissatisfied Complainant are set out in clause 15.

3.Who may complain

3.1

A Complaint may be made by any person or organisation affected by the Company’s work or conduct. That includes:

(a)a client of the Company, whether current or former;
(b)a prospective client, including a person whose enquiry or proposed mandate the Company declined;
(c)an investor, sponsor, lender, joint venture partner or other counterparty to a transaction on which the Company acts or has acted;
(d)a supplier, subcontractor, local partner or other third party engaged by or with the Company;
(e)a public body, authority or its officials, in relation to the conduct of Personnel in dealings with that body;
(f)a person or community affected by a project on which the Company advises, including in respect of land, environmental, labour or resettlement matters arising from that project;
(g)a candidate for employment or engagement, in relation to the conduct of a recruitment process; and
(h)a visitor to the Website, in relation to the operation of the Website or the information published on it.

3.2

A Complaint may be made by a representative, including a solicitor, an advice agency, a trade union representative, a family member or a colleague. Where a Complaint is made by a representative, the Company shall require written authority from the person on whose behalf it is made before disclosing to the representative any information relating to that person, and shall correspond with the representative thereafter unless asked to do otherwise.

3.3

An anonymous Complaint shall be recorded on the Complaints Register and investigated so far as the information provided permits. The Company shall not treat a Complaint as less serious because it is anonymous, but a Complainant who does not provide contact details cannot be given a written outcome, cannot be asked for further information, and cannot use the review stage in clause 11.

3.4

No Complainant shall be subjected to any detriment, and no Engagement shall be terminated, varied or de-prioritised, by reason of having made a Complaint in good faith. Any act or omission by Personnel that amounts to retaliation against a Complainant is a serious disciplinary matter.

3.5

The Company shall make such reasonable adjustments to this Procedure as a disabled Complainant requires in order to use it, consistent with the Company’s duties under the Equality Act 2010. Adjustments available on request include the provision of this Procedure and of any correspondence in large print or another accessible format, the acceptance of a Complaint made orally and reduced to writing by the Company for the Complainant’s approval, the extension of any period in which the Complainant is required to act, and communication through a nominated third party.

3.6

A Complaint may be made in English or in Bengali. Where a Complaint is made in Bengali, or in any other language in which the Company is able to arrange translation, the Company shall arrange translation at its own cost and shall issue the written outcome in the language in which the Complaint was made as well as in English.

3.7

Personnel who wish to raise a concern about their own employment or engagement should use the Company’s internal grievance arrangements, and Personnel who wish to raise a concern about wrongdoing in the public interest should use the Whistleblowing and Speak-Up Policy. Nothing in this clause prevents Personnel from making a protected disclosure within the meaning of the Public Interest Disclosure Act 1998.

4.What this Procedure covers

4.1

This Procedure covers any Complaint about the Company’s service or conduct, including:

(a)the quality, accuracy or timeliness of advice, analysis or facilitation work;
(b)delay, failure to progress a matter, or failure to keep a party informed;
(c)the conduct, courtesy or professionalism of Personnel, including in dealings with public officials, local partners and affected communities;
(d)a failure by the Company to comply with a published policy in its legal register, including its conflicts of interest, anti-bribery, sanctions, modern slavery and ESG commitments;
(e)the accuracy of information published on the Website or in any material issued by the Company;
(f)the handling of fees, invoices or expenses under an Engagement, other than a dispute expressly reserved to the dispute resolution clause of that Engagement;
(g)the conduct of a third party engaged by the Company, to the extent of the Company’s responsibility for that party; and
(h)the way in which an earlier Complaint was handled.

4.2

The following matters are not handled under this Procedure and shall be routed to the procedure or authority identified:

(a)a concern about wrongdoing in the public interest raised by Personnel or by a worker in the Company’s supply chain, which is handled under the Whistleblowing and Speak-Up Policy and, where applicable, under the Public Interest Disclosure Act 1998;
(b)a request to exercise a right in respect of personal data, or a complaint about the Company’s processing of personal data, which is handled under the Privacy Policy and in accordance with the UK GDPR and the Data Protection Act 2018;
(c)a knowledge or suspicion of money laundering or terrorist financing, which must be reported to the Company’s nominated officer under Part 7 of the Proceeds of Crime Act 2002 and Part III of the Terrorism Act 2000 and must not be raised through this Procedure;
(d)an allegation of bribery, corruption or the offering or receipt of an improper advantage, which is handled under the Anti-Bribery and Anti-Corruption Policy and assessed against the Bribery Act 2010;
(e)an allegation that the Company or a person associated with it has facilitated the evasion of tax, which is handled under the Prevention of the Facilitation of Tax Evasion Policy and assessed against Part 3 of the Criminal Finances Act 2017;
(f)a matter concerning financial sanctions or export controls, which is handled under the Sanctions and Export Controls Policy and assessed against the Sanctions and Anti-Money Laundering Act 2018 and the regulations made under it;
(g)an allegation of forced labour, servitude or human trafficking, which is handled under the Modern Slavery and Human Trafficking Statement and assessed against the Modern Slavery Act 2015; and
(h)a barrier encountered in using the Website, which is handled in the first instance under the Accessibility Statement.

4.3

Where a Complaint is received that falls within clause 4.2, the Company shall route it to the correct procedure, shall inform the Complainant in writing that it has done so and under which procedure the matter will be handled, and shall not require the Complainant to submit the matter again. Where a Complaint contains both a matter within clause 4.1 and a matter within clause 4.2, each element shall be handled under the appropriate procedure and the Complainant shall be told which element is being handled where.

4.4

The Company shall not investigate under this Procedure a matter that is the subject of live court, tribunal or arbitral proceedings between the Complainant and the Company, or a matter that has been determined by a court or tribunal. Where proceedings are commenced after a Complaint has been made, the Company may suspend the investigation and shall inform the Complainant in writing of the reason.

4.5

A decision by the Company to decline a mandate, to withdraw from an Engagement in accordance with its terms, or to decline to act for a particular counterparty is a commercial and compliance decision and is not itself open to challenge under this Procedure. The manner in which such a decision was reached, communicated or explained may be the subject of a Complaint.

4.6

Where a Complaint discloses a matter that the Company is required by law to report to a public authority, the Company shall make that report and shall continue to handle the Complaint so far as it may lawfully do so. The Company may be prohibited by law from confirming to any person whether such a report has been made, and shall not do so.

Reports the Company cannot discuss

Where the Company forms a knowledge or suspicion of money laundering or terrorist financing, it is required to report internally to its nominated officer and, where appropriate, to the National Crime Agency. Sections 333A to 333D of the Proceeds of Crime Act 2002 and section 21D of the Terrorism Act 2000 make it an offence to disclose information likely to prejudice an investigation.

A Complainant may therefore receive an outcome that does not address every element raised, or that is expressed in general terms. Where that occurs it is not an indication that the Complaint has been disregarded, and the Company shall record the full reasoning on the Complaint file.

5.How to raise a complaint

5.1

A Complaint should be submitted through the Enquiry Form at fratresgroup.com/contact, marked as a complaint. The Company publishes no direct telephone number or individual electronic mail address. The Enquiry Form is the single published channel, so that every Complaint is received, timestamped and entered on the Complaints Register on the day it arrives rather than resting with an individual.

5.2

A Complaint made orally or in correspondence to any member of Personnel, in whatever form and however described, is a Complaint for the purposes of this Procedure. Personnel who receive such a Complaint must record it in writing and enter it on the Complaints Register on the same Business Day, or the next Business Day if it is received outside working hours. Personnel must not attempt to dissuade a person from making a Complaint, must not settle a Complaint informally without it being recorded, and must not handle a Complaint about their own conduct.

5.3

Where a Complainant is unable to use the Enquiry Form, whether by reason of disability, limited connectivity or any other reason, the Complainant may ask any member of Personnel with whom they are dealing to record the Complaint on their behalf, and the Company shall provide an alternative channel. A Complaint shall not be rejected because of the channel through which it reached the Company.

5.4

A Complaint should be raised as soon as reasonably practicable, and normally within six months of the matter complained about or of the date on which the Complainant first became aware of it. The Company shall consider a Complaint raised outside that period where there is a good reason for the delay and where a fair and evidence-based investigation remains possible. Where the Company declines to investigate on grounds of delay, it shall say so in writing with reasons, and that decision may itself be reviewed under clause 11.

5.5

A Complaint is easier to investigate, and is resolved more quickly, where it includes:

(a)the Complainant’s name and a reliable means of written contact, and the capacity in which the Complaint is made;
(b)the name of any organisation on whose behalf the Complaint is made, and written authority where the Complainant is a representative;
(c)a description of what happened, in sequence, with the dates on which each material event occurred;
(d)the identity, by name or by role, of the Personnel or third parties involved;
(e)the reference of any Engagement, proposal, invoice or project to which the Complaint relates;
(f)copies of the correspondence, documents or records relied on, or a description sufficient for the Company to locate them;
(g)a statement of what has already been raised with the Company and what response, if any, was given;
(h)a statement of the outcome the Complainant seeks; and
(i)details of any adjustment the Complainant requires in the way the Company communicates with them.

5.6

A Complaint shall not be rejected, delayed or treated as invalid because it is incomplete, informally expressed, or does not use the language of this Procedure. Where information is missing, the Company shall ask for it and shall assist the Complainant in framing the Complaint where assistance is needed.

5.7

Where the Company has asked a Complainant for information that is necessary to progress the investigation and no response is received within twenty Business Days, the Company may close the Complaint. The Company shall notify the Complainant in writing before doing so, and shall reopen the Complaint if the information is provided within three months of closure.

5.8

The Company shall request only such personal data as is necessary to investigate the Complaint, consistent with the principle of data minimisation in Article 5(1)(c) of the UK GDPR.

6.Acknowledgement

6.1

The Company shall acknowledge every Complaint in writing within five Business Days of receipt. Acknowledgement is not conditional on the Complaint being complete, on the Complainant having provided supporting documents, or on any preliminary assessment of merit.

6.2

The acknowledgement shall state:

(a)the unique reference allocated to the Complaint, which the Complainant should quote in further correspondence;
(b)the date on which the Complaint was received and the date from which the periods in clause 9 run;
(c)the Company’s understanding of the Complaint and of the elements it will investigate;
(d)the name and role of the Investigating Officer, and confirmation that the Investigating Officer has had no previous involvement in the matter complained about;
(e)the date by which the written outcome will be issued, and what will happen if more time is required;
(f)what the Company will need from the Complainant, if anything, and by when;
(g)the route by which the Complainant may correspond about the Complaint and request an update; and
(h)a statement that the making of a Complaint does not affect the Complainant’s statutory rights or any right under an Engagement.

6.3

Where the Company’s statement of its understanding of the Complaint is incomplete or incorrect, the Complainant may correct it and the scope of the investigation shall be revised accordingly. Where the scope is revised materially, the periods in clause 9 run from the date the revised scope is confirmed in writing.

6.4

Where the whole or part of a Complaint is to be routed under clause 4.2, or is not to be investigated under clause 4.4 or clause 5.4, the acknowledgement shall say so, shall give the reason, and shall identify the procedure or authority to which the matter has been routed.

6.5

An acknowledgement is a procedural step. It is not an admission of fault, liability or breach, and it is not a finding on any element of the Complaint.

6.6

Where a Complaint can be resolved in full to the Complainant’s satisfaction within the acknowledgement period, the Company may resolve it at that stage. The resolution shall be confirmed to the Complainant in writing, shall record what was agreed, shall state that the Complainant may nonetheless require the Complaint to proceed to a full investigation, and shall be entered on the Complaints Register in the same way as any other Complaint.

7.Allocation, ownership and independence

7.1

Every Complaint shall be allocated to an Investigating Officer within five Business Days of receipt. The Investigating Officer owns the Complaint from allocation to the issue of the written outcome and is accountable for its conduct and its timeliness.

7.2

The Investigating Officer must:

(a)have had no involvement in the matter complained about, and no involvement in the decision, advice or conduct that is in question;
(b)have no personal, financial or professional interest in the outcome of the Complaint;
(c)not be a person whose own conduct is the subject of the Complaint;
(d)not report, directly or indirectly, to any person whose conduct is the subject of the Complaint;
(e)hold sufficient seniority and authority within the Company to obtain documents, to require the cooperation of Personnel and to direct a remedy; and
(f)have the competence, or access to the specialist competence, required to assess the subject matter.

7.3

Where no member of Personnel satisfies clause 7.2, including where the Complaint concerns the conduct of a director or the conduct of the Company at board level, the Complaint shall be allocated to a director who has had no involvement in the matter or, where no such director is available, to an independent external reviewer instructed by the Company for that purpose. An external reviewer shall be a solicitor, barrister, accountant or other suitably qualified professional who is independent of the matter complained about, and shall report in writing to the board.

7.4

The Conflicts of Interest Policy applies to the handling of every Complaint. Where a conflict is identified after allocation, the Investigating Officer must declare it, must cease to act, and the Complaint must be reallocated. The Complainant shall be informed in writing of the reallocation and of the reason for it, so far as the Company may lawfully disclose it.

7.5

A Complainant who considers that the Investigating Officer is not independent of the matter may request reallocation, stating the reasons. The request shall be determined by a director who has had no involvement in the Complaint, and the determination shall be given in writing with reasons within ten Business Days of the request. Time spent determining such a request does not shorten the period for the written outcome.

7.6

A person whose conduct is the subject of a Complaint shall not determine the outcome, shall not direct the investigation, and shall not have access to the Complaint file otherwise than as required to respond to the matters put to them. That person is entitled to be told the substance of what is alleged, to see the evidence relied on so far as disclosure does not prejudice the rights of others, and to respond before any finding is made about their conduct.

7.7

The board of the Company retains oversight of the handling of all Complaints. Oversight does not extend to determining the outcome of an individual Complaint, save where a director is acting as the Investigating Officer or Reviewing Officer under this Procedure.

8.The investigation

8.1

The investigation shall be proportionate to the seriousness and complexity of the Complaint, shall be conducted fairly and impartially, and shall reach conclusions on the evidence rather than on the seniority, commercial importance or persuasiveness of the persons involved.

8.2

The Investigating Officer shall, so far as relevant to the Complaint:

(a)establish what the Complainant is complaining about and what outcome is sought;
(b)obtain and review the engagement file, correspondence, attendance notes, approvals, invoices and system records relevant to the matter;
(c)interview or take written accounts from the Personnel involved, and from any third party willing to assist;
(d)put the substance of any allegation to the person whose conduct is in question and record their response;
(e)assess whether the Company complied with the Engagement, with its published policies and with its legal obligations;
(f)assess whether the service provided fell below the standard the Complainant was entitled to expect;
(g)consider whether the outcome sought by the Complainant is available and appropriate, and if not, what alternative remedy is; and
(h)identify the root cause, distinguishing an isolated error from a failure of process, supervision, training or control.

8.3

Findings of fact shall be made on the balance of probabilities. Where the evidence does not permit a finding either way, the Investigating Officer shall say so, shall explain why, and shall not resolve the point against the Complainant merely because it cannot be proved.

8.4

The investigation is not an adversarial process. A Complainant is not required to attend a hearing, is not subject to cross-examination, and is not required to prove their Complaint to any standard before the Company will investigate it. The Investigating Officer may offer the Complainant a discussion, in person or remotely, where that would assist; a Complainant who declines shall not be prejudiced by that decision.

8.5

Where the subject matter of the Complaint involves a third party, including a local partner, subcontractor or counterparty in Bangladesh, the Company shall seek the information it needs from that party and shall use such contractual rights of audit, information and cooperation as it holds. Where the Company is unable to obtain information, the written outcome shall state what could not be obtained and what the Company concluded in the absence of it.

8.6

Where continuation of the conduct complained about would cause continuing harm, the Investigating Officer may recommend interim measures pending the outcome, including the suspension of an activity, the reallocation of Personnel, the withholding of an invoice or the temporary suspension of work on a matter. The taking of an interim measure is a precaution and is not a finding against any person.

8.7

Where the investigation discloses a personal data breach, the Company shall assess it under Articles 33 and 34 of the UK GDPR and, where the threshold is met, shall notify the Information Commissioner’s Office without undue delay and, where feasible, not later than 72 hours after becoming aware of the breach, and shall notify the affected individuals where the breach is likely to result in a high risk to their rights and freedoms.

8.8

Where the investigation discloses conduct that may be criminal, or a matter that a public authority is investigating or is likely to investigate, the Company shall make any report required of it and may suspend or limit its own investigation where continuing it would prejudice the authority’s investigation. The Complainant shall be informed that the Complaint has been suspended and, so far as the Company may lawfully explain, why.

8.9

The Investigating Officer shall keep a contemporaneous record of the steps taken, the documents reviewed, the accounts obtained and the reasoning applied, sufficient for a person who was not involved to understand how the conclusion was reached.

9.Timescales and extension of time

9.1

The Company applies the following standards, which are measured from the date on which the Complaint is received or, where clause 6.3 applies, from the date on which the revised scope is confirmed:

written acknowledgement and allocation of an Investigating Officer: within five Business Days;
determination of a request for reallocation on independence grounds: within ten Business Days of the request;
substantive written outcome: within twenty Business Days;
written outcome where an extension is notified under clause 9.3: within forty Business Days;
request by the Complainant for a review: within twenty Business Days of the date of the written outcome;
outcome of the review stage: within twenty Business Days of the request for review.

9.2

The Company treats these periods as commitments rather than as targets. Where a Complaint can be resolved sooner, it shall be.

9.3

Where the Investigating Officer concludes that the written outcome cannot properly be issued within twenty Business Days, the Company shall write to the Complainant before that period expires. The notice shall state the reasons why more time is needed, what remains outstanding, what is being done to complete it, and a revised date for the written outcome which shall be no later than forty Business Days from the date the Complaint was received. Thereafter the Company shall provide a written progress update at intervals of no more than ten Business Days until the outcome is issued.

9.4

An extension beyond forty Business Days shall be made only where it is genuinely necessary, and only for reasons such as the complexity of the matter, the need to obtain evidence or accounts from another jurisdiction, the involvement of a third party or public authority outside the Company’s control, the unavailability through illness or absence of a person whose account is material, or the volume of documentary material. The Company shall explain the reason in writing, shall give a further revised date, and shall continue to provide updates at intervals of no more than ten Business Days.

9.5

Where the written outcome has not been issued within sixty Business Days of receipt of the Complaint, the Complainant may require the Complaint to proceed to the review stage under clause 11 as though a written outcome had been issued, and the Company shall allocate a Reviewing Officer accordingly.

9.6

Where progress is delayed because the Complainant, a representative or a third party has not provided information requested of them, the periods in this clause are extended by a period equivalent to the delay. The Company shall confirm any such extension in writing at the time, stating what is awaited and from whom, and shall not rely on a delay it has not notified.

9.7

Periods are expressed in Business Days as defined in clause 1. Where the investigation requires evidence to be gathered in Bangladesh or in another jurisdiction whose public holidays differ, that is a matter to be addressed by an extension notified under clause 9.3 and not by any adjustment to the definition of a Business Day.

10.The written outcome and remedies

10.1

Every Complaint that is investigated shall be concluded by a written outcome issued to the Complainant. The outcome shall be issued through the channel by which the Complainant has asked to be contacted, and in an accessible format where one has been requested.

10.2

The written outcome shall set out:

(a)the Complaint as the Company understood it, element by element;
(b)the scope of the investigation, and anything within the Complaint that was excluded and why;
(c)what was done to investigate it, including the documents reviewed and the accounts obtained, and by whom the investigation was conducted;
(d)the findings of fact on each element, and the evidence on which each finding rests;
(e)the conclusion on each element, expressed as upheld, partly upheld or not upheld;
(f)the reasons for each conclusion, in terms that permit the Complainant to understand why the Company reached it;
(g)any remedy offered and any corrective action to be taken, with the date by which each will be completed;
(h)where an element is not upheld, an explanation of what the Company found rather than a bare rejection;
(i)the Complainant’s right to request a review under clause 11, how to make that request, and the period within which it must be made; and
(j)a statement that the outcome does not affect the Complainant’s statutory rights, any right under an Engagement, or the right to take independent legal advice.

10.3

The written outcome shall be expressed in plain language. Where technical, legal or regulatory terms are unavoidable, they shall be explained.

10.4

The remedies available under this Procedure include:

(a)an apology;
(b)an explanation of what happened and why;
(c)the correction of a record, a document, a filing or information published on the Website;
(d)the completion, correction or repetition of work at no further charge;
(e)a change in the way an Engagement is staffed, supervised or conducted;
(f)a change to a policy, process, system or training programme;
(g)the reduction, waiver or refund of fees relating to work found to be deficient;
(h)reimbursement of a quantified and evidenced loss for which the Company is responsible; and
(i)a combination of any of the above.

10.5

An apology is offered where an apology is due. In accordance with section 2 of the Compensation Act 2006, an apology, an offer of treatment or other redress does not of itself amount to an admission of negligence or breach of statutory duty.

10.6

Where a remedy involves a payment, the Company shall set out how the sum was calculated. Any financial remedy is subject to the terms of the relevant Engagement, including any limitation or exclusion of liability that is enforceable in it.

10.7

The Company shall not require a Complainant, as a condition of any remedy, to withdraw a report made to a public authority, to refrain from making such a report, to refrain from making a protected disclosure within the meaning of the Public Interest Disclosure Act 1998, or to waive any statutory right. Any confidentiality term proposed in the settlement of a Complaint shall expressly preserve those rights.

10.8

Every corrective action recorded in a written outcome shall be allocated to a role, given a completion date, entered on the Complaints Register and tracked to completion. Completion shall be verified by a person other than the person responsible for implementing it.

11.Internal escalation and review

11.1

A Complainant who is dissatisfied with the written outcome may request a review. The request should be submitted through the Enquiry Form, quoting the reference allocated to the Complaint, within twenty Business Days of the date of the written outcome. A request made outside that period shall be accepted where there is a good reason for the delay.

11.2

The request should identify which elements of the outcome are disputed and why, and should identify any information that the Complainant considers was not taken into account. A request shall not be refused because it is not framed in those terms.

11.3

The review shall be conducted by a Reviewing Officer who is a director of the Company with no previous involvement in the Complaint or in the matter complained about. Where no such director is available, or where the Complaint concerns the conduct of the board, the review shall be conducted by an independent external reviewer appointed under clause 7.3.

11.4

The Reviewing Officer shall consider:

(a)whether the investigation was adequate and proportionate to the Complaint;
(b)whether the scope of the investigation properly captured what was complained about;
(c)whether the findings of fact are supported by the evidence obtained;
(d)whether the conclusions reasonably follow from those findings;
(e)whether the Company applied its own policies and its legal obligations correctly;
(f)whether any remedy offered is adequate and has been implemented; and
(g)whether any new information provided by the Complainant affects the outcome.

11.5

The review is a review of the original handling and outcome. It is not automatically a fresh investigation, but the Reviewing Officer may direct further enquiries, may obtain further evidence, and may direct that the Complaint be investigated again in whole or in part by a different Investigating Officer.

11.6

The Reviewing Officer may confirm the original outcome, vary it, substitute a different conclusion on any element, or substitute or increase a remedy. The Reviewing Officer shall not substitute an outcome less favourable to the Complainant than the original outcome, and a Complainant therefore risks nothing by requesting a review.

11.7

The outcome of the review shall be issued in writing within twenty Business Days of the request, and shall set out what was reviewed, what conclusion was reached on each disputed element, and the reasons. Clauses 9.3 to 9.6 apply to the review stage as they apply to the investigation.

11.8

The review is the final stage of the Company’s internal process. On the issue of the review outcome the Company’s consideration of the Complaint is concluded, and the Complainant shall be told so in writing, together with the matters set out in clause 15.

12.Unreasonable conduct and closure

12.1

The Company shall not restrict or close a Complaint because it is forcefully expressed, because it is critical of the Company or its Personnel, or because the Complainant is persistent in seeking a resolution. A Complaint is not unreasonable merely because the Company disagrees with it.

12.2

The Company may restrict the way in which it deals with a Complainant, or close a Complaint without further investigation, where:

(a)the same Complaint, or one substantially the same, has already been determined under this Procedure and no new evidence or argument is offered;
(b)the Complainant refuses to identify the substance of the Complaint despite being asked, so that no investigation is possible;
(c)the conduct of the Complainant toward Personnel is abusive, threatening, harassing or discriminatory;
(d)the volume or frequency of correspondence is such that it prevents the Company from investigating the Complaint or from conducting its ordinary business; or
(e)it is clear that the Complaint is being pursued for a purpose other than obtaining a resolution of the matter complained about.

12.3

A decision under clause 12.2 shall be taken by a director who has had no previous involvement in the Complaint, shall be given to the Complainant in writing with reasons, shall specify what restriction applies and for how long, and shall explain how the Complainant may still communicate with the Company. Any restriction shall be reviewed at intervals of no more than six months and shall be lifted when it is no longer necessary.

12.4

A restriction imposed under this clause applies to the manner of contact and not to the Complainant’s substantive rights. The Complainant remains entitled to raise a new and distinct Complaint, to exercise any statutory right, and to pursue any external route described in clause 15.

12.5

Where the conduct of a Complainant toward Personnel is abusive, threatening or discriminatory, the Company may limit contact to a single written channel, may decline to continue a discussion, and may report the matter to the police where appropriate. In taking such a step the Company acts on its duties to its Personnel, including under section 2 of the Health and Safety at Work etc. Act 1974 and under the Equality Act 2010.

12.6

A Complaint closed under this clause shall be recorded on the Complaints Register with the reason for closure, and shall be reported to the board in the next report under clause 14.

13.Records, confidentiality and data protection

13.1

The Company maintains a central Complaints Register. Every Complaint is entered on it, including a Complaint resolved at the acknowledgement stage under clause 6.6, a Complaint routed elsewhere under clause 4.2 and a Complaint closed under clause 12.

13.2

The Complaints Register records, for each Complaint:

(a)the unique reference and the date of receipt;
(b)the category of Complainant and the subject matter, without publishing the Complainant’s identity beyond those handling the matter;
(c)a summary of what is complained about and the outcome sought;
(d)the identity of the Investigating Officer and, where applicable, the Reviewing Officer, together with the record of their independence;
(e)the dates of acknowledgement, of any extension notified, of the written outcome and of any review outcome;
(f)the conclusion on each element and the remedy offered;
(g)the root cause identified and the corrective action agreed; and
(h)the status of each corrective action and the date of verified completion.

13.3

The Complaint file is maintained separately from the general engagement file, and access to it is restricted to those who require it in order to investigate the Complaint, to implement a remedy, or to discharge the Company’s oversight, audit or legal obligations.

13.4

Information about a Complaint is confidential. It shall be disclosed only to those Personnel who need it for the purposes described in clause 13.3, to the Company’s professional advisers, insurers and auditors under a duty of confidence, and to a public authority where the Company is required or entitled by law to disclose it. The identity of a Complainant shall not be disclosed to any person whose conduct is the subject of the Complaint unless disclosure is necessary for a fair investigation, and where it is necessary the Complainant shall be told before the disclosure is made.

13.5

The Company is the controller in respect of personal data processed under this Procedure. Processing is carried out in reliance on Article 6(1)(f) of the UK GDPR, the Company having a legitimate interest in investigating and resolving Complaints and in improving its service, and on Article 6(1)(c) where the Company is subject to a legal obligation. Where a Complaint requires the processing of special category data or of data relating to criminal offences, the Company shall identify a condition under Article 9 of the UK GDPR and a condition in Schedule 1 to the Data Protection Act 2018 before that processing begins, and shall record it.

13.6

The Company’s Privacy Policy explains how personal data is processed and how the rights conferred by Chapter III of the UK GDPR may be exercised. Where a Complainant makes a request for access to information held about them, the Company may redact information relating to another individual where disclosure would adversely affect the rights and freedoms of that other individual, as permitted by Article 15(4) of the UK GDPR and Schedule 2 to the Data Protection Act 2018.

13.7

Complaint records are retained for six years from the date of closure, a period aligned with the limitation period for actions founded on simple contract under section 5 of the Limitation Act 1980, and are then securely destroyed in accordance with the Data Retention and Records Management Policy. A longer period applies where a record is required for a separate statutory purpose, including the five year period applicable to records kept under regulation 40 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, or where proceedings are contemplated, threatened or on foot.

13.8

No Personnel shall subject a Complainant, a witness or a member of Personnel who cooperates with an investigation to any detriment for having done so. Retaliation is treated as a separate and serious matter, is investigated in its own right, and may constitute gross misconduct.

14.Learning from complaints

14.1

The Company treats Complaints as management information about the quality of its own work. A Complaint that is upheld is a source of correction; a Complaint that is not upheld is a source of information about how the Company’s work is understood by those affected by it.

14.2

The Investigating Officer shall record a root cause for every Complaint that is upheld or partly upheld, distinguishing between an isolated error, a failure of process, a failure of supervision, a failure of training, a failure of a system, a failure by a third party, and a failure in the way expectations were set.

14.3

The board receives a report on Complaints at least quarterly. The report covers the number and category of Complaints received, performance against the standards in clause 9, the conclusions reached, the remedies provided, the root causes identified, the status of outstanding corrective actions, and any Complaint closed or restricted under clause 12. The report is prepared so that individual Complainants are not identified unless identification is necessary for the board to discharge its function.

14.4

In considering that report the directors have regard to their duty under section 172(1) of the Companies Act 2006 to promote the success of the Company, including the likely consequences of any decision in the long term, the interests of the Company’s employees, the need to foster the Company’s business relationships with suppliers, customers and others, the impact of the Company’s operations on the community and the environment, and the desirability of the Company maintaining a reputation for high standards of business conduct.

14.5

Where three or more Complaints received within any twelve month period share a root cause, the Company shall conduct a thematic review of the process, policy or relationship concerned and shall report the result to the board with a recommendation.

14.6

Where a Complaint discloses a weakness in a control relating to financial crime, the matter shall be fed into the Company’s risk assessment maintained under regulation 18 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and into the review of the procedures maintained under the Bribery Act 2010, the Criminal Finances Act 2017 and the Sanctions and Anti-Money Laundering Act 2018. Where a Complaint discloses a weakness in a control relating to personal data, the matter shall be fed into the measures maintained under Article 24 of the UK GDPR.

14.7

Corrective action is not treated as complete when it is implemented. It is treated as complete when its effectiveness has been verified, and the verification is recorded on the Complaints Register.

14.8

The Company does not identify a Complainant, a client or a counterparty in any internal or external report, commentary or training material derived from Complaints data.

15.Continuing dissatisfaction and statutory rights

15.1

Nothing in this Procedure limits, excludes or affects any right that a Complainant has under statute, under an Engagement or at common law, or the right to obtain independent legal advice at any time, whether before, during or after the use of this Procedure.

15.2

A Complainant is not required to use this Procedure, or to complete it, before exercising a legal right, commencing proceedings or complaining to a public authority. Use of this Procedure does not suspend, extend or otherwise affect any limitation period under the Limitation Act 1980, and a Complainant who is concerned about a limitation period should take independent legal advice without waiting for the outcome of a Complaint.

15.3

Where a Complainant remains dissatisfied after the review stage, the following external routes may be available depending on the subject matter:

(a)in respect of the processing of personal data, a complaint may be made to the Information Commissioner’s Office under Article 77 of the UK GDPR and section 165 of the Data Protection Act 2018, and an individual may also bring a claim under section 167 or section 168 of that Act;
(b)in respect of suspected money laundering or terrorist financing, a report may be made to the National Crime Agency;
(c)in respect of financial sanctions, a report may be made to the Office of Financial Sanctions Implementation, which forms part of HM Treasury;
(d)in respect of suspected bribery, corruption or serious or complex fraud, a report may be made to the police or to the Serious Fraud Office;
(e)in respect of forced labour, servitude or human trafficking, a report may be made to the police and, where labour exploitation is involved, to the Gangmasters and Labour Abuse Authority;
(f)in respect of discrimination in the provision of services, a claim may be brought in the county court under section 114 of the Equality Act 2010, and in respect of discrimination in employment, a claim may be brought in the employment tribunal under section 120 of that Act; and
(g)in respect of any contractual or tortious claim, proceedings may be brought in the courts of the jurisdiction identified in the relevant Engagement.

15.4

The Company is not authorised or regulated by the Financial Conduct Authority and does not carry on any regulated activity. Complaints about the Company are accordingly not within the jurisdiction of the Financial Ombudsman Service, and no compulsory ombudsman or redress scheme applies to the Company’s advisory and facilitation services. The Company states this expressly so that no Complainant relies on the existence of a scheme that is not available.

15.5

Where the Complainant is a consumer and the dispute falls within the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, the Company shall, on the conclusion of the review stage, provide the Complainant with the information required by regulation 19 of those Regulations, including whether the Company intends to use an alternative dispute resolution entity in relation to the dispute.

15.6

The Company will consider mediation or another form of alternative dispute resolution in any case where it would assist, and will not refuse a reasonable proposal without giving reasons. Agreement to mediate does not affect the rights of either party, and the Company does not require a Complainant to mediate as a condition of any remedy.

15.7

Where a Complaint concerns activity carried out in Bangladesh, nothing in this Procedure limits any right the Complainant has under the law of Bangladesh or prevents the Complainant from raising the matter with the relevant local authority, court or regulator. The Company shall cooperate with any such authority so far as it is lawfully able.

This procedure adds to your rights, it does not replace them

The purpose of this Procedure is to give the Company the opportunity to put something right quickly, at no cost and without formality. It is not a precondition to anything and it takes nothing away. A Complainant may take independent legal advice at any point, may approach a public authority at any point, and may commence proceedings at any point.

16.Status, review and governing law

16.1

This Procedure is owned by the board of the Company. The board is responsible for its content, for the resources required to operate it and for the standards recorded in clause 9.

16.2

This Procedure shall be reviewed at least annually, and in any event on any material change in the Company’s operations, on any material change in the law of England and Wales or of Bangladesh affecting it, following any thematic review under clause 14.5, and following any Complaint that discloses a defect in the Procedure itself.

16.3

The version of this Procedure published on the Website is the version in force. The version date and document reference appear at the head of this page. A Complaint is handled under the version in force on the date the Complaint is received, save where a later version is more favourable to the Complainant, in which case the later version applies.

16.4

All Personnel shall receive instruction on this Procedure on appointment and on any material amendment to it, sufficient to enable them to recognise a Complaint, to record it and to route it correctly.

16.5

This Procedure is to be read with the Company’s Terms of Business, Privacy Policy, Data Retention and Records Management Policy, Conflicts of Interest Policy and Whistleblowing and Speak-Up Policy. In the event of a conflict between this Procedure and the express terms of an Engagement, the terms of the Engagement prevail as between the Company and its client.

16.6

This Procedure and any non-contractual obligation arising out of or in connection with it are governed by the law of England and Wales.

Raising a complaint

Complaints under this Procedure should be submitted through the enquiry form at fratresgroup.com/contact, marked as a complaint. Every Complaint is acknowledged in writing within five Business Days, is allocated to a person independent of the matter complained about, and receives a reasoned written outcome.

Questions about this Procedure, requests for it in an accessible format, and requests for an alternative channel by which to complain should be submitted through the same form and are acknowledged within the same period.

Related policies

Conflicts of Interest PolicyIdentification, recording, management and disclosure of actual and potential conflicts arising in advisory and facilitation work.FGL-LEG-13 Whistleblowing & Speak-Up PolicyProtected channels for raising concerns about wrongdoing, the handling process, and the protections available to those who report.FGL-LEG-14 Modern Slavery & Human Trafficking StatementSteps taken to identify and address modern slavery and human trafficking risk in the firm’s operations and supply relationships.FGL-LEG-15 ESG & Responsible Business PolicyEnvironmental, social and governance commitments applied to the projects the firm supports and the mandates it accepts.FGL-LEG-16

Full legal register