Complaints Handling Policy

1 INTRODUCTION

UNISON is committed to an effective and efficient complaints management process and strives to manage customers’ complaints consistently, and in a structured, and effective manner, allowing customers, or potential customers, the correct access to any recourse available to them, both internally within UNISON and externally with the relevant authorities. By implementing a written process for dealing with complaints and correctly recognising the enquiry as a complaint, UNISON aims to ensure:

  • consistency with regulatory and legal obligations;
  • effectiveness in positively managing the consumer relationship;
  • that a structure is in place, allowing complaints to be properly escalated.

UNISON fully accepts its responsibility to treat complainants fairly. It is the policy of UNISON to respond to customer complaints as quickly as possible and to take each complaint seriously.

2 PURPOSE

The purpose of the Complaints Handling Policy (the “Policy”) is to implement a consistent, diligent, efficient, and impartial approach towards handling customer complaints. UNISON aims to provide prompt, courteous, helpful, open and informative advice in response to every approach made by a member of the public. UNISON is always keen to hear the views of its customers, particularly the general public, about performance generally. This Policy ensures that UNISON:

  1. is committed to the fair treatment of customer complaints.
  2. maintains and implements effective measures to ensure that all customer complaints are accepted and handled based on UNISON’s commitment to efficiently providing its services.
  3. maintains a procedure on filing a complaint which is adequately communicated to its customers and is accessible through UNISON’s website.
  4. provides effective assistance and support for making a complaint, with the direct support of the Customer Services Function.
  5. All complaints are investigated carefully, consistently, fairly, promptly and independently by the Compliance Team.
  6. All complaints are recorded and resolved in due course.
  7. Issues arising from a customer’s complaint are managed correctly.
  8. Customers are kept informed about the progress of their complaint and are communicated with the outcome, with the support of the Customer Services Function.
  9. Complaints are recorded, tracked and monitored.

3 SCOPE

This Policy applies to all employees of UNISON receiving, handling and managing customer complaints made to UNISON and/or about UNISON in relation to the services provided and/or in relation to UNISON’s employees.

All UNISON employees will be trained on this policy at least annually, and, in addition, this policy is shared with any UNISON partners and customers who are expected to adhere to its contents and train their staff on at least an annual basis of the expectations contained within this document.

4 ROLES AND RESPONSIBILITIES

4.1 BOARD OF DIRECTORS

The Board of Directors is responsible for promoting an organizational culture that places high priority on effective compliance risk management and adherence to internal controls, including standards of conduct, integrity, and ethical behaviour by employees at all levels. Therefore, the Board is responsible for the approval of this Policy, as well as any subsequent amendments/revisions. In addition, the Board is responsible for:

  • Overseeing UNISON’s compliance with this Policy;
  • Ensuring that an organisational structure and relevant arrangements are in place for the effective implementation of the provisions stipulated in this Policy;
  • Monitoring and periodically assessing the adequacy of the Policy;
  • Ensuring that the Policy is effectively communicated to all concerned employees of UNISON;
  • Ensuring that disciplinary measures are taken and enforced when employees don’t follow the rules;
  • Exercising effective oversight over UNISON GM’s complaints-handling related arrangements and controls;
  • Ensuring that the procedures, systems and controls established by UNISON are adequate for the effective management of customers’ or potential customers’ complaints;
  • Communicating training needs of the employees involved in the provision of services in relation to complaints handling.

4.2 COMPLIANCE TEAM

The Compliance Team is responsible for the following:

  • Ensuring that the provisions stipulated in this Policy are followed at all times;
  • Annually evaluating the effectiveness of the Policy, the implementation and effectiveness of the overall control environment on complaints handling, as well as remedies undertaken or to be undertaken;
  • Monitoring and coordinating the implementation of the Complaints Handling Procedure;
  • Performing reviews of compliance to the Complaints Handling Procedure, at least on an annual basis;
  • Analysing complaints and complaints-handling data to identify and address any compliance risks or issues, for example, by:
  1. analysing the causes of individual complaints so as to identify root causes common to types of complaints;
  2. considering whether such root causes may also affect other processes or products, including those not directly complained of;
  3. liaising with the involved Teams/functions and where necessary with other control functions, for correcting, where reasonable to do so, such root causes;
  4. escalating, if necessary, such root causes to the Board in order to decide on the appropriate correcting measures to be taken;
  • Providing effective training, education and supervision to employees who are responsible for handling complaints, in order to understand the requirements of this Policy;
  • Providing advice in relation to the implementation of this Policy;
  • Monitoring the regulatory framework, identifying and communicating compliance requirements and performing relevant amendments to the Policy; and
  • Submitting to the Financial Conduct Authority (“FCA”) relevant reports.

4.3 HEAD OF COMPLIANCE

The FCA requires a contact person to be registered at the FCA and in the Financial Services Register of the FCA. The Head of Compliance is responsible for ensuring:

  • that any queries from the FCA or any third parties are properly dealt with and forwarded to the Compliance Team;
  • effective communication with the FCA and any third parties who have queries;
  • regular reviewing reports on complaints, and providing suggestions for corrective actions to the Board of Directors;
  • Oversight of the prompt and effective communication between the Customer Service Team and customers relevant to complaints management.

4.4 CUSTOMER SERVICES TEAM

The Customer Services Team is responsible for:

  • Treating all customers fairly and respectfully;
  • Assisting customers to make a complaint when needed;
  • Registering any customer complaints received and escalating them to the Compliance Team. Each complaint is logged in the Complaints Log, managed by the Customer Service Team headed by the COO;
  • Communicating to customers the progress and outcome of the complaints handling process on a regular basis;
  • Complying with this Policy and relevant procedures;
  • Providing the Compliance Team with support, feedback and/or suggestions during the complaints handling process.

This policy applies to all UNISON employees, contractors, products and services, including any subsidiary companies or outsourced service providers. Adherence to this Policy is mandatory and non-compliance could lead to disciplinary action.

5 WHAT IS A CUSTOMER COMPLAINT

A customer complaint is defined as “any oral or written expression of dissatisfaction, whether justified or not, from, or on behalf of, a person regarding the provision of, or failure to provide, a financial service or a redress determination, which alleges that the complainant has suffered (or may suffer) financial loss, material distress or material inconvenience.”

Unison must report complaints from eligible complainants about activities carried out from an establishment maintained by the firm or their appointed representative in the UK. The complaints data may also include complaints made by retail clients, professional clients, and any other eligible counterparties.

The time we have to resolve a complaint starts from the date it is received anywhere in our business.

An eligible complainant is: A consumer (a “natural person acting for purposes outside his normal trade, business or profession” (i.e. an individual)). Micro enterprises (fewer than 10 employees and turnover or annual balance sheet of €2m or less). Charities with annual income less than £1m.

A non-eligible complainant is a client who does not meet the definitions of eligible complainant above. Should a case be raised from a non-eligible complainant, the remedies under FOS for an eligible complainant may not apply, however, Unison will endeavour to get a resolution for any non-eligible complainant.

Any customer or potential customer has the right to complain about a financial service or product. Customer enquiries may be viewed as complaints depending on several factors – the way the customer feels about the service they have received, whether the product or service has performed as expected, how the member of staff interprets the customer’s comments and various other factors. UNISON has adopted the stance that anyone dealing with a customer who is unsure whether the customer is making a complaint or not, will deal with it as a complaint. Examples of complaints may include, amongst others, the following:

  • The quality of the service provided to the customer;
  • Dispute about instructions or the execution of customer orders;
  • Improper behaviour;
  • Unsuitable advice;
  • Non-disclosure of necessary information to the customer;
  • Costs and charges;
  • Fraud.

A complaint can be made through any means either orally or in writing, through electronic mail or through UNISON GM’s website, or by post.

6 STAFF TRAINING AND SUPPORT

UNISON shall ensure that all employees are adequately trained to manage customer complaints in accordance with the Policy and Procedures. UNISON provides and expects all employees to attend regular training on complaints-handling related requirements, in order to ensure that all employees understand the requirements and the relevant restrictions provided within this Policy.

The Compliance Team is available to provide advice, support and guidance to employees involved in customer complaints management.

The Compliance Team provides annual training for all staff handling complaints within the Customer Support Team. Additionally, the Compliance Team provides training to all new employees handling complaints within a month of their start date.

7 MANAGEMENT OF COMPLAINTS

UNISON aims to provide the best possible service to its customers or potential customers. In this respect, the following principles have been adopted to ensure that complaints received from customers and /or potential customers are handled promptly reasonably. In particular, UNISON’s complaint handling process consists of the following main stages:

  1. Receipt, registration (entering into Complaints Log) and acknowledgment of a complaint by replying in writing back to the customer;
  2. Assessment of complaint internally;
  3. Investigation/analysis of complaint;
  4. Complaint resolution and communication of the decision to a complainant;
  5. Addressing complainant’s dissatisfactions (if any).

8 PROVISION OF INFORMATION

According to the regulatory framework, UNISON will, on request or when acknowledging receipt of a complaint, provide in writing clear, accurate and up-to date information regarding the complaints handling process. Also, UNISON publishes information/details of our complaints-handling process in an easily accessible manner, for example easily accessible FAQs via the website. Information to be provided/published includes:

  • Details of how to communicate a complaint (e.g. the type of information to be provided by the complainant, the identity and contact details of the person or department to whom the complaint should be directed);
  • The process that is followed by UNISON when handling a complaint.

Finally, UNISON keeps the complainant informed about the steps taken to handle complaints.

9 COMPLAINTS PROCEDURE

UNISON recognises its obligation to customers dissatisfied with the service, to resolve any complaint within 15 days for Rights and Obligations and 8 weeks for all others from the point of notification. The final response will either:

  • accept the complaint and, where appropriate, offer redress or remedial action;
  • offer redress or remedial action without accepting the complaint; or
  • reject the complaint and give reasons for doing so.

The final response will also include a copy of the Financial Ombudsman Service (“FOS”) standard explanatory leaflet found on the FOS’s website and inform the complainant that if he/she remains dissatisfied with the response, they may refer their complaint to the FOS and must do so within six (6) months.

If UNISON is unable to provide such a final response within the relevant timeframe, a written response will be sent to the complainant explaining why UNISON is not in a position to make a final response and indicate when a response will be provided. This response will also inform the complainant that they may now refer the complaint to the FOS and will enclose a copy of the FOS standard explanatory leaflet.

9.1 MAKING A COMPLAINT

Customers can make a complaint in writing by letter, email or telephone. UNISON requires customers emailing complaints to provide either a request for an email response or provide a telephone number or full postal address.

In responding to a complaint, UNISON expects the respondent to use this opportunity to explain what actions have been taken and to try to resolve the issue with the customer. If the customer prefers to speak with a manager, this information is to be provided without exception and refusal to give this information will result in disciplinary action.

All complaints are recorded and statistics are used internally to improve the service. All complaints are logged into the Complaints Log managed by the Customer Support Team as soon as they are received.

9.2 ACKNOWLEDGEMENT

When a complaint is received, a written acknowledgement is provided within five (5) business days starting from the day after the complaint was received (business days are Monday to Friday excluding bank holidays). The letter contains details of the Complaints Procedure and of the customer’s right to refer the complaint to the FOS if they are dissatisfied with UNISON’s assessment and ruling. It also states who is dealing with the complaint and how to contact them.

Complaints are logged into the Complaints Log managed by the Customer Support Team.

9.3 HOLDING RESPONSE

If, for whatever reason, UNISON has been unable to conclude the investigation and provide a Final Response to the complaint, then a Holding Response will be issued.

The purpose of the Holding Response is to inform the complainant of the reasons why UNISON has been unable to, and presently cannot provide a Final Response, to provide a further indication of what is happening with the complaint and to provide an indication of when the complainant can expect to hear from UNISON again.

In the event that the complainant receives a Holding Response, UNISON will invite the complainant to discuss the matter personally. The purpose of this step is to ensure that the complaint (and the complainant) receive the highest priority in those situations where the complaint cannot be fully resolved through normal investigatory processes.

9.4 FINAL RESPONSE

Once UNISON has completed the investigation, a written summary outcome will be provided to the complainant. Where appropriate, it may also include a final offer of redress. Such letters will be marked clearly as the final response and will include details on how to contact the FOS if the complaint has not been resolved to the complainant’s satisfaction or, if the offer of redress is considered insufficient or inappropriate.

UNISON’s target time to send the Final Response is within either 15 days or 8 weeks of the initial complaint, dependent on type, or 4 weeks after receipt of rejection of offer of redress (where applicable). UNISON accepts that this may not always be possible as on occasions complexity of the complaint may require more time to be fully investigated.

UNISON will always abide by regulatory guidelines in relation to a complaint and as such, UNISON will always ensure that complainants are kept informed about their complaints and activities in response to their complaint.

10 ULTIMATE REDRESS

It is UNISON’s policy that after contacting all parties should the complainant remain dissatisfied with the outcome of the complaint then they may seek redress through the FOS and ultimately the courts if they so wish.

In each instance, UNISON will mark on the complaint file what advice was provided and will then reclassify the complaint as ‘Investigated but not resolved’.

11 FINANCIAL OMBUDSMAN SERVICE (FOS)

The FOS is an independent and government-backed service designed to help complainants who find themselves in a dispute with a financial organisation. An eligible complainant must be a person that is:

  • a retail consumer (a client who receives maximum protection under FCA rules);
  • a micro-enterprise (with an annual turnover of less than 2 million euros and fewer than 10 employees).

It is a free service and it can be contacted at any point in a dispute provided the complainant has first contacted the financial organisation with whom the dispute is connected. Most cases are resolved within a 6-month period however some inevitably take longer.

Consumers do not have to accept any decision made by the Financial Ombudsman and at all times the consumer has the right to seek redress in a court should they wish to. However, if the Ombudsman’s decision is accepted by the complainant, then it is binding on both UNISON and the complainant.

To contact the FOS, consumers are advised to write or telephone or email their situation to:

Financial Ombudsman Service

Exchange Tower

London

E14 9SR

Telephone No.: 0800 023 4567

Email address: [email protected]

More information on the FOS can be obtained by visiting www.financial-ombudsman.org.uk or by downloading the booklet entitled “Your complaint and the ombudsman” from this website.

12 ROOT CAUSE ANALYSIS

It is UNISON’s policy to keep detailed documentation on individual complaints in compliance with the Data Protection Act 2018 and any private information is not to be shared with any third parties.

These details include:

  • The nature, date and method of communication of the complaint;
  • The complainant’s details;
  • How the complaint was dealt with (outcomes);
  • Whether the complaint was upheld or refuted;
  • Whether the complaint was closed (addressed to complainant’s satisfaction) or whether it remains open and outstanding;
  • What financial redress or other significant outcome resulted from the complaint;
  • The Board of Directors will be updated on the number of complaints received, the percentage upheld and rejected and identifying any trends;
  • Where trends exist in the type of complaints being upheld, a root cause analysis will be performed to establish the cause of the errors and recommend a corrective course of action. UNISON will identify and remedy any recurring or systemic problems, such as
  • analysing the causes of individual complaints so as to identify root causes common to types of complaint,
  • considering whether such root causes may also affect other processes or products, including those not directly complained of, and
  • correcting, where reasonable to do so, such root causes.

13 RECORD KEEPING

It is the responsibility of all staff to ensure that records are accurate, up-to-date, factual and complete at all times. All complaints and supporting documentation will be kept for a period of five years in accordance with regulatory requirements.

Records are used to identify trends and to improve services offered to customers. This could be anything from policy reviews and process changes to re-training front-line staff or improving customer communication methods.

14 REPORTING COMPLAINTS

Relevant complaints data are reported to the Senior Management as a part of the regular Compliance Management Information (MI), including number of resolved and pending complaints, root case analysis, value of compensation and redress, any breaches of the regulatory timelines, as well as any complaints escalated to the FOS.

Any Complaints received are reported to the FCA via the “Electronic Money And Payment Services Complaints Return” in accordance with the schedule indicated by the FCA as part of their regular reporting requirements through their online portal, RegData.

No other reporting requirements are necessary for EMD regulated firms in relation to Complaints.