The Law Society has threatened the government and the new solicitor complaints-handling body with legal action following their decision not to automatically reassign staff from the Legal Complaints Service (LCS) to the new Office for Legal Complaints (OLC).

The functions of the LCS are to be transferred to the OLC in 2010. The LCS employs 320 staff in Leamington Spa and 51 in London to handle complaints against solicitors.

The Society said that its action was necessary to ‘protect the interests of its staff at the LCS’ and ensure that the government ‘honours its commitments’. It accused the government of making a u-turn on the matter.

The Society argues that LCS staff should be reassigned under transfer of undertaking, protection and employment (TUPE) laws. It called on the OLC to delay filling any posts.

Justice minister Bridget Prentice said around 350 jobs will be created when the OLC comes into operation, and staff from the old system will be given ‘first opportunity’ to apply.