UCU legal services FAQs

We've answered some of the questions members frequently ask about UCU's legal services below.

We hope these FAQs answer your queries, but if not please do not hesitate to contact UCU's legal services team via email at legalservices@ucu.org.uk or contact your regional office.

You can also download the full scheme regulations here [197kb].

Q:
What services does the union offer? The union offers legal services to members in matters arising out of or in connection with the member's employment, professional duties or trade union activities. If you have an employment related dispute, suffer a work related personal injury, the police want to interview you about a work related alleged offence or you are charged with such an offence, you may be eligible for legal services.
Q:
Is there a qualifying period of membership? No, if you join the union as soon as you enter employment which entitles you to join UCU (or within 30 days of starting that employment). Otherwise, you may be required to make a one off payment of the equivalent of 12 months' subscriptions starting from the date of registration. If the dispute that you want to receive legal advice about started before you joined you will not normally be eligible for legal services.
Q:
How do I apply? There are different routes to use when applying for UCU legal support. Click here for the full answer
Q:
Will the union represent me? This will depend on the nature of your dispute and the advice provided by the lawyers. Our lawyer's first task is to provide us and you with initial advice, based on the information which you have supplied, as to whether there are any legal claims that are worthwhile pursing.
Q:
Once I have submitted an application for legal services in an employment dispute will the union automatically protect my interests and observe all time limits for me? No. The union will not automatically take any legal steps on your behalf. Your union official or the lawyer assigned to your case will tell you whether there are any legal steps which you are advised to take. Unless, however, the union agrees to represent you, the union and its lawyers do not undertake those steps for you.
Q:
Who decides what legal support I am entitled to? Who decides what legal support I am entitled to? The national executive committee has established a sub committee, the Legal Support Review Panel, which decides whether, and if so to what extent, legal services may be offered in employment disputes. See below for an explanation of how our personal injury scheme operates.
Q:
What criteria are used by the Legal Support Review Panel in deciding whether to support in legal cases? The union has decided that the most important criterion is that expenditure on legal casework must be proportionate to the objectives sought. Click here for the full answer
Q:
How does the union support its objective of achieving equality and discrimination free workplaces? The NEC legal services panel must when considering cases give particular weight to the union's objective of promoting equality for all and the opposition of all forms of harassment, prejudice and unlawful discrimination because of a person's protected characteristics.
Q:
Will I be able to explain my case to the Legal Support Review Panel? The Panel invites you, your branch and regional office to make written submissions before deciding what legal support to offer.
Q:
Who decides how my legal case is run? You decide how your case is run, but if you do not follow the advice given to you by the union or its lawyers, the union is very likely to terminate its support.
Q:
Will the union provide legal representation at hearings before an employment tribunal or court? The Legal Support Review Panel may determine to provide legal representation by way of a solicitor or barrister.
Q:
What responsibilities do I have if the union provides legal support? Clearly, if we are to obtain the best results for you, we must work together as a team. So for example you must give us full disclosure of all the relevant facts and materials in your case. We may also ask you to collate documents, draft statements and contact witnesses
Q:
Do I have to pay court fees? No. UCU pays court fees where they are required.
Q:
Do I have to pay anything? In employment disputes the union's lawyer's services are provided free of charge. However, you should carefully note regulation 9 of the legal scheme regulations which explains that there are certain circumstances in which the union may recover its legal costs from you as a result of your conduct.
Q:
If I am ordered by a court or tribunal to pay my opponent's legal costs, will the union pay these for me? Under the legal scheme you are always liable to pay your opponent's legal costs. This is also true for any fines, penalties or compensation which you may be ordered to pay another party.
Q:
Can the union's lawyers help me if I am asked by my employer to sign a settlement agreement? Yes, and the route to obtain such help is via the regional office. If you do not know which regional office covers your area, you can search here: https://www.ucu.org.uk/localcontacts
Q:
If I am awarded compensation will I receive all of it? Yes. The union will not deduct any money from your compensation or damages. However, this is always subject to the Scheme regulations.
Q:
How are personal injury claims conducted? Our lawyers operate our personal injury service using a Collective Conditional Fee Agreement (CCFA). Under this CCFA, which is a type of 'no win, no fee' agreement specially designed for trade unions, you will always receive 100% of the compensation which you are awarded, and you will not be liable for any legal costs should your claim fail. Click here for the full answer
Q:
I have legal expenses insurance included as part of my household or motor insurance policy. Should I use these instead of the union's scheme? Many domestic insurance policies will include legal costs insurance sometimes referred to as legal expenses insurance or LEI. This is also as referred to as 'before the event' insurance or BTE. Click here for the full answer
Q:
Which lawyers do you use? Following a competitive tender two national law firms have been appointed to undertake UCU legal work. These are: Thompsons and Slater & Gordon. Both these firms have a proven track record of representing trade union members. The union's in-house legal team may also advise and represent you. Donnelly and Kinder is one of our agents in Northern Ireland.

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