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Legal servicesA branch guide to what we offer

A branch guide to what we offerContentsPersonal injury serviceCriminal serviceEmploymentOther servicesAccess to legal services35678Legal services are one of the keyreasons our members join UNISON.They want the reassurance ofknowing that their union will providehigh quality legal services when theyneed them, at no extra cost. Butsurvey after survey has shown thatmany members are not yet aware ofthe full range of services availableto them and their families. So it isvital that branches and reps haveinformation at their fingertips tomake sure our members know theextent of UNISON’s legal servicesand how to access them.This guide is designed to help youdo that together with Legal Help– A Members’ Guide to UNISONLegal Services, which is availablefrom stockorders@unison.co.uk oronline at www.unison.org.ukEligibilityTo qualify for legal help you willhave to show that: you were a member for the qualifying periodbefore the incident or occurence that led to youseeking help from UNISON your subscriptions are up to date you continue to pay subscriptions while thecase is ongoing.Special rules apply to industrial disease cases(see below).2 Contents/introductionLegal support will continue as long as thecase has reasonable prospects of success asdetermined by the union or it’s approved lawyers.Please note advice and/or representation is at theabsolute discretion of UNISON.We may withdraw legal help if you do not followlegal advice given or fail to co-operate with ourlawyers by responding to letters or phone calls.

Personal injury serviceWork-related personal injuryUNISON offers legal help for any personal injuryclaim arising out of a member’s employment orwhich happens on their way to or from work orwhile on union duties. It includes: Personal injury claims that can be pursuedthrough the UK courts (ie civil claims) includingwork-related stress claims (see below) Criminal Injury Compensation Authority(CICA) claims, ie where a member hassustained a work-related injury due to a crimeof violence, most usually an assault at work.Industrial diseaseUnder the TUC code of practice UNISONassists members who have developed anindustrial disease as a result of being exposedto dangerous substances or noise in their work.This includes where members have beenexposed before they joined UNISON, as long asthey belonged to another TUC-affiliated unionat the time.Please note that because of the real difficultiesin succeeding in work-related stress claims, aspecial procedure applies to this type of case.Please see Stress Claims, a guide for UNISONbranches and regions (stock no. 1926 orunison.org.uk/acrobat/13594.pdf).Non work-related personal injuryOur members and their families (defined as anyrelative including partners, in-laws and step-relatives)are also entitled to legal help for non work-relatedpersonal injury claims.This service has been extended to cover accidentsabroad where that claim can be pursued throughthe UK courts (ie usually where the case is againsta UK travel agent/tour operator).Road traffic casesOur members and their families are entitled topursue road accident claims in which they havebeen injured, regardless of whether the accidentwas to do with work. Please note that membersusing this service should also tell their insurersabout any claim.Clinical negligenceUNISON offers legal help for members and theirfamilies who have suffered clinical negligence. Thisservice provides a free initial assessment of thelikely prospects of success. Should the advice be topress ahead with a claim, UNISON are not able tofund the future costs of these cases, however ourlawyers will then advise on the best way to fund theclaim. Funding by the Legal Aid Agency is now verylimited and only covers very serious brain injuriessuffered at birth. For all other cases UNISON hasnegotiated a very advantageous package with ourappointed solicitors to enable members or theirfamilies to continue with the action on favourableterms using a conditional fee agreement (CFA). Fulldetails will be given of any financial outlay that mayhave to be made so that members or their familiescan decide whether they wish to go ahead.Personal injury service 3

A branch guide to what we offerCosts protection inpersonal injury claimsUNISON has entered into a collective conditionalfee agreement (CCFA) with our solicitors. Thismeans that those accessing the service will beprotected from legal costs and will receive alltheir damages in full (as opposed to some ‘no winno fee’ agreements that other lawyers offer). Fullfunding details will be sent to members and theirfamilies at the beginning of their case.UNISON’s legal assistance scheme ensuresmembers and their families are fully protected –there is no up-front payment, no disbursements topay throughout the case and therefore no need totake out a loan to cover any costs. Further therewill be no deduction at the end of the claim fromtheir compensation. The legal service provided byUNISON is truly no fee to members, win or lose.Some members have made the mistake of pursuingtheir cases through ‘no win, no fee’ lawyers whoare not approved by UNISON. ‘No win, no fee’rarely means that there is actually no charge. Someunion members in this situation have received billsfor costs such as loan agreements that they didnot expect. It is important to advise UNISONmembers to beware the ‘no win, no fee’lawyer’s approaches.There are no costs for personal injury caseswhere a case is pursued through UNISON’s legalassistance scheme. This is because UNISONprovides an ‘indemnity’ ie an agreement to pay alllegal costs incurred if the member uses the legalassistance scheme. We have made arrangementswith our lawyers to secure this. Because of this4 Personal injury serviceUNISON cannot support cases taken throughother solicitors. UNISON has no obligation topay costs where the member instructs anon-union approved solicitor.All solicitors have professional obligations tomake their client aware of the availability of legalassistance through their union’s legal assistancescheme if it applies. Regrettably many do notand others write to UNISON requesting fundingfor the case. Where this happens it is importantthat members are contacted and advised of theavailability of free legal assistance through theunion and how they can access the service.Time limitsVery strict time limits apply in personal injurymatters. In most cases this is three years from thedate of the injury/illness to begin court proceedingsand two years from the date of the incident to lodgea claim with the CICA. It is therefore crucial thatmembers and/or branches do not delay in obtaininglegal advice from our lawyers as this could severelyaffect our member’s rights.

Criminal serviceWhen we represent membersMembers can receive legal advice andrepresentation if they face criminal charges arisingout of their work. Members are encouraged toget legal help as soon as they realise that criminalcharges are a possibility. We will only representmembers for road traffic offences if the member’sjob is at risk following a conviction. UNISON willnot provide representation for drink-related drivingoffences such as driving while drunk.Our lawyers, at UNISON’s discretion, will representmembers up to and including any Magistrates/Crown Court trial.When we are unable torepresent membersUNISON can refuse to represent members whodecide to plead guilty to any offence that theyare charged with. We do not represent memberswhose only role in criminal proceedings is givingevidence. In exceptional circumstances we canrepresent members in giving evidence at an inquestarising out of a work-related matter – for instance,in situations where members may incriminatethemselves in the proceedings.Financial support can be given and whereavailable we expect our lawyers to obtain statefunding. The funding of legal aid contributionsthereafter is discretionary. Some criminal casescan also involve disciplinary proceedings at workor by a professional organisation. It is not normallyappropriate to appoint solicitors to deal withthis area. The branch or regional office willrepresent the member.Criminal service 5

A branch guide to what we offerEmploymentWe will provide help to any members who havedifficulties at work, where appropriate. We canoffer guidance on problems related to unfairdismissal, redundancy, employment protectionand give advice on employment contracts. We willalso help fight discrimination at work for reasonsof sex, age, religious or political beliefs, maritalstatus, race, disability and sexuality.In general, this advice or representation willbe provided by the branch or regional office.Employment tribunal cases will be handled byour lawyers. UNISON has an arrangement with two firms oftrade union solicitors – Thompsons and ThompsonsMcClures. This means regions (and branchesthrough regions) can get advice directly from thesefirms on a number of issues. These arrangementsstreamline services to our members. To use thisservice, branch secretaries need to contact theirregional officer.UNISON’s in-house lawyers prioritise matterswhich affect most members.Priority mattersIf you want advice concerning the followingissues, you should contact the region which willthen contact our employment rights team orappropriate national department or service group. European law and all new laws introducing newor extended employment rights for the first twoyears after those rights come into force Equal pay (special eligibility rules apply for mass6 Employmentlitigation cases – there is no qualifying period)Injunctions and interdictsMatters affecting national terms and conditions,for example single status, agenda for changeStrategic or national cases including leadingTUPE and PFI casesTrade union recognitionTrade union activitiesPublic or private enquiriesRules (queries should be sent to the democraticservices unit)Industrial action (regions should seek advicefrom the member liaison unit)All judicial appealsIndustrial actionBranches that want legal advice on industrialaction should contact their regional office.Time limitsBecause employment cases have strict time limits,branches should get advice on employment mattersas soon as possible. Full details of time limits areavailable from the Employment Law Time Chartwhich can be obtained from UNISON’s websitewww.unison.org.uk