UNISON Rule Book 2002

Contents

 | A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | Schedules | Appendices |

back to main index                           Full Version (195kb)

1.  General

2.  Qualifications

3.  Conditions 

1.  General

1.1  The National Executive Council shall have the power in its absolute discretion to grant legal assistance to members who qualify under Rule K.2 below in respect of:

(i)  injuries or any other matter requiring legal assistance arising out of or in the course of their employment, or in proceeding to or from their place of employment, or whilst on Union duties or injuries arising out of a non work related matter

(ii)  in exceptional circumstances any other matter.

1.2  The National Executive Council shall also have the power in its absolute discretion to grant legal assistance to family members of members who qualify under Rule K.2 in respect of:

(i)  injuries suffered by the family member arising out of a non work related matter.

(ii)  In exceptional circumstance any other matter.

1.3  Legal assistance may include advice and/or representation. Where legal assistance is provided by a solicitor and/or counsel instructed by the Union the National Executive Council shall indemnify the member (or member’s family if appropriate) in respect of any liabilities incurred on the National Executive Council’s authority up to the date of withdrawal of support.

1.4  The National Executive Council shall have the power in its absolute discretion to provide legal assistance to the financial dependants or next of kin of a deceased member whether or not they are members of the Union in respect of any matter arising out of the deceased member’s employment or any matter in respect of which legal assistance could have been granted to the member under this Rule.

1.5  In all cases the conditions of Rules K.3 to 7 inclusive below should be satisfied however the National Executive Council can grant legal assistance notwithstanding that some or all of these conditions are not met. 

1.6  In all cases the National Executive Council has absolute discretion as to whether or not to grant, continue or withdraw legal assistance. The National Executive Council shall have the power to delegate, continue or withdraw legal assistance to the relevant committee under Rule D.2.7 or to a lay or full time officer of the Union.

2.  QUALIFICATIONS

The following shall apply:

(i)   The member must have been in membership of the union for at least 13 weeks prior to the member knowing that she/he had need of legal assistance and seeks legal assistance from the Union.

(ii)   The member must not be in arrears of contribution.

(iii)   The National Executive Council or the relevant committee, lay or full-time officer to whom the power to grant legal assistance has been delegated may in its absolute discretion grant legal assistance notwithstanding that sub clauses 2(i) and 2(ii) above or either of them are not satisfied.

3.  CONDITIONS

The member seeking legal assistance shall seek assistance in a manner prescribed by the National Executive Council. 

4.  The member is not entitled to assume that her/his application for legal assistance is effective until this is determined in writing by the Union. 

5.  The member must continue to pay contributions in accordance with Schedule A whilst her/his case is proceeding unless she/he has obtained dispensation from the National Executive Council or relevant committee acting on its behalf.

6.  Every grant of assistance shall be on the understanding that the National Executive Council in its discretion may withdraw legal assistance if the member does not follow the advice of the Union or its appointed solicitors, fails to pay contributions or if in its view the continuance of legal assistance is unreasonable.  The National Executive Council may, in determining whether or not to continue legal assistance, take into account the policy of the Union.

7.  The Union shall not be accountable for any costs, charges or other payments in connection with legal assistance either incurred or made on behalf of members (or member’s family if appropriate) without the consent of the National Executive Council.