General Counsel – ADR – DRO Kevin Grix
Going to court is not the ideal outcome for any trader or consumer and so resolving disputes beforehand is evidently highly desired. This is where an ombudsman can help to settle disputes between consumers and traders before matters get too heated. This month, we have the pleasure of speaking to a unique CEO and Chief Ombudsman: Kevin Grix, who represents the Ombudsman on the All Party Parliamentary Group for furniture at the Houses of Parliament. Kevin comes from a family of traders and has been running Dispute Resolution Ombudsman Ltd for over eight years.
In 2012, he was made a Freeman of the City of London and Liveryman at the Furniture Makers’ Company, a charity that helps to educate young people, raises industry standards and helps to provide for the disadvantaged. In 2015, he was appointed to the Executive of the Ombudsman Association, a body that advises government and helps to oversee the Ombudsman and complaint handling landscape in the United Kingdom. On top of this, he also holds a position on the Advisory Board to the Independent Football Ombudsman.
We speak to Kevin about his role as CEO of the Dispute Resolution Ombudsman, the disputes an Ombudsman often deals with and insights into developments in consumer law.
What does a typical day look like for you as the CEO of Dispute Resolution Ombudsman? What daily challenges do you encounter and how do you overcome them?
Although every day is different, I focus on retaining control of my day. Knowing when to let go and focussing on controlling the controllable is important. Many lawyers are only comfortable when dealing with facts and evidence. However, one of the traits that I have had to develop as a CEO is the ability to make commercial decisions based on imperfect information. As my experience has developed so too has my intuition and understanding the consequences of action or inaction.
Generally, I like to start my days very early at the gym, which also doubles as my news brief. Some executives work from lists but I am fortunate to have a good memory and I often keep my agenda for the day in my mind – it’s something that works for me and helps me to be agile. First task every day is to make myself aware of any issues that I need to be concerned with and to get briefings from my senior team.
Then I begin to address my emails and any post that is waiting for my attention before working through the telephone calls that I have booked in for that day. If I am travelling by car I tend to make use of that time on the phone – usually engaging with my fellow directors.
I am likely to spend some time with our Senior Ombudsman to review cases and any legal issues that we are dealing with. I will review and address any matters that have been raised by consumers or members. I sit on the Advisory Board of the Independent Football Ombudsman (created by the football authorities, the FA Premier League and English Football League) and the Executive Committee of the Ombudsman Association – so depending on my commitments to those organisations, I may allocate some of my time to those.
I will also spend some dedicated time to work with our Head of Communications and PR on various campaigns.
As CEO, how do you ensure you are directing the company in the correct direction? How do you advise your team to make the correct decisions for the company alongside clients?
I spend as much time listening as I do speaking. When I am directing staff, I tend to keep sessions succinct and try not to give more than two instructions at a time. I try to devote some of my time to observing the company and staff – this is important.
Eight years ago, the team was much smaller and therefore the scope of my role was very broad; it didn’t leave me much time to step back and look up. The problem when you don’t look up is you can take the wrong path without realising it. Observing what is going on helps me to ensure that my own team, particularly my senior team, continues to head in the right direction. Inevitably my teams will encounter problems that need solving – I am there to help them to do that, but usually they are equipped with the answer themselves and my role is to give them the courage and conviction to act upon it.
When dealing with my teams, knowing what to say and when to say it is important – often less is more. Keeping everyone engaged is critical but understanding what messages are suitable and relevant to the audience is a matter of judgement, as is the timing. I have always had the desire to learn, and inspiring my staff to reach their potential is very high up my agenda. I set high standards for myself and I do not apologise for endorsing the same for my colleagues too – we constantly remind each other that in order to stay at the top we must embrace change and continue to improve. I keep in mind that a failure to develop will mean that I am not good enough to do my job in 12 months’ time.
I had a varied career before I turned to law and the Ombudsman which has stood me in good stead, but I rely on the lessons that I have learned most of all from my parents and grandparents. Work ethic is very important to me – talent is redundant without work, and I press upon my team the importance of determination, perseverance and having a positive attitude. These ingredients are the most important of all and I speak about them relentlessly with my colleagues.
As an Ombudsman, often the closest thing to products that we sell are our decisions and our customers are consumers and businesses. Many businesses have the luxury of trialling their products so that their customers are happy with their purchase every time – unfortunately however, we don’t. We appreciate that sometimes our products come with a sharp edge and some of the time our customers won’t like what they receive, so we must work tirelessly to ensure that everything about our service is as good as it can be – including how we communicate and explain our decisions.
What was your main motivation behind specialising in consumer law and what is the most rewarding aspect of your role?
During my studies, I had intended to move in to employment or criminal law. These areas interested me the most and consumer law wasn’t included in any of the curriculum at undergraduate or on the BVC. Soon after being called to the Bar I took up an in-house legal counsel role which evolved into a managerial position soon after with the Ombudsman. Although I continue to feel passionately about law, I love the responsibility of running a company too. I am lucky that my role requires me to stay on top of the law but I can also be incredibly creative from a commercial and leadership perspective. I enjoy working with some excellent professionals and I take great satisfaction helping to nurture our brightest talent whom I hope will develop in to the leaders of tomorrow.
As Liveryman at The Furniture Makers’ Company, how important is it to enforce industry standards on the younger generation; do you find the younger generation have any common misconceptions in regards to retail and trading standards?
I was the first member of my family to study law and whilst this has helped to create opportunities for me personally I do not believe that a university education is the be-all and end-all. There is a considerable skills shortage in the UK and more needs to be done to educate young people that there are other routes to a fulfilling and successful career that don’t require a degree. As an Ombudsman, we stand with a foot in two camps; the consumer landscape and the industry. Dedicating some of my time to both helps me to stay connected and in the case of the Livery, helps me to give something back. Through its network and relationships with universities and schools it is working hard to encourage the next generation to consider a career in the industry. Here at the Ombudsman, each year we open our doors to work experience students who want a taster of what it might be like to work in law or ADR. It also gives us an opportunity to understand what young people are looking for from potential employers.
What do you think the impact of Brexit will have on consumer law, consumers and retailers; do you predict you will be dealing with a rise of certain cases once Brexit has taken effect?
In regards to the price of goods, uncertainty might lead to downturn in spending. If Brexit creates a crash in the housing market consumers might start to feather their nest rather than move – which might lead to an increase in high street sales.
Brexit, Trump – unchartered waters – unique and historical pages are sure to fill the constitutional law texts in 200 years.
Black Friday has only recently become a craze in the UK over the past few years; what has the effect been on retailers and have you ever had to deal with any cases in relation to the huge discount weekend?
Black Friday is a good opportunity for consumers. Inevitably when sales go up, proportionately so do complaints – but the impact on us has been negligible.
ADR is obviously a very important component of settling disputes, but what stance do you take if the trader does not offer ADR as an option?
The European Commission had intended the Alternative Dispute Resolution (ADR) Directive introduced in 2015 to bring some form of harmonisation across member states where there was no, or only partial, ADR available. Some new schemes emerged, potentially to exploit the creation of a new ADR market place. Unfortunately, as with many market places a race to the bottom on fees can be created which can lead to the loss of quality, specialism and expertise; it is the ADR equivalent of junk food. For us however it is business as usual. Ours is a voluntary scheme and we have the largest coverage in the country. Law now requires businesses to sign post to an ADR provider but does not oblige businesses to engage – it stops short of making ADR mandatory which has pros and cons.
Some ADR schemes, particularly the newer ones, boast that they will look at cases even if the trader is not a member or does not engage in the process. This is flawed logic – unless both parties are complicit in the disclosure of evidence it is impossible to safely pass judgement or make a decision. To suggest otherwise is harmful to everyone involved, so we will only offer our services to consumers who have shopped with a business that has made an unequivocal commitment by signing a contract of membership. This is underpinned by the Consumer Protection from Unfair Trading Regulations 2002 which means that consumers can trust our decisions and it helps to create certainty.
The Ombudsman is there to ensure that consumers have an additional layer of protection; what commonly goes wrong that results in consumers needing extra help and protection?
Our service is set up to inspire consumer confidence and raise industry standards. Often the actual parties in dispute are best placed to resolve the issues themselves – so part of our work includes providing advice to businesses in the form of training and telephone support. This helps traders to identify their legal obligations to consumers so that they are best placed to resolve issues at the earliest opportunity. If all else fails, consumers can approach us if they reach deadlock with the business – or if no resolution has been agreed after 12 weeks. We are an alternative, or a step before the court process – so many of the cases that we see involve big-ticket purchases such as furniture, kitchens, bathrooms, electrical goods and other home improvement projects.
As an Ombudsman, what type of complaints do you deal with on behalf of consumers and how does this compare to resolving disputes for businesses; what different approaches do you take?
Often when a consumer uses the court process their lawyer doubles as a counsellor, taking some of the emotion out of the process and managing their client’s expectations along the way. What might have started out as 10 issues may have been reduced to just a couple by the time the matter is in front of a judge. With the ombudsman process, however, there is often no such adviser in place, so all of the emotion and all of the issues that the consumer feels are justified (but might not be legally) remain an issue throughout. It therefore falls on us to provide that layer of support to those who use our services, helping the parties to understand what our decision is and then to justify it. An important part of a judge, or an ombudsman’s job is to help the parties to understand that they actually comprehend their side of the argument – without this, it is difficult to gain their trust and respect.
What are the main concerns and aspects you must consider when working with big corporations, such as Tesco and Marks and Spencer?
We work with businesses of all shapes and sizes – we are very proud of that – but there is one common thread that ties them all together; each of them trusts us with their prized asset – their customers.
