Member Services / Legal Advice & Assistance / Advice on Discipline matters

POLICY ON LEGAL ASSISTANCE AND COMPLAINTS/MISCONDUCT REPRESENTATION

INTRODUCTION

Rule 13 of the Civil Nuclear Police Federation Rules gives the Executive Committee discretion to grant funding for legal assistance or advice.

Rule 13a deals with matters arising in the course of employment or affecting employment as a member of the Constabulary.

Rule 13c deals with matters not connected with the member's employment.

This policy sets out matters which will be taken into account by the Executive Committee in considering requests for advice or assistance to be funded under the above provisions.

MATTERS NOT CONNECTED WITH EMPLOYMENT

Rule 13c provides that it is wholly within the absolute discretion of the Executive Committee to assist members to obtain legal advice on matters not connected with the member's employment and under what conditions.

Each case will be considered on its own merits. In general, the Executive Committee will assist a member to obtain legal advice on matters not connected with his or her employment only where the Executive Committee considers that it is in the interests of the membership as a whole to do so.

Where such advice is funded, it may be subject to such conditions as the Executive Committee think fit, including:

• The identity of the solicitors by whom such advice is provided.
• A limit on the cost of such advice to the Federation.
• A requirement that the member allows such advice to be circulated to the Membership if appropriate in the view of the Executive Committee.

MATTERS ARISING IN THE COURSE OF EMPLOYMENT

Rule 13a gives the Executive Committee a discretion to grant funding for legal advice or legal assistance (which may include legal representation) to a member in relation to any matter arising in the course of or affecting his or her employment as a member of the AEAC.

1. Legal Advice
   In deciding whether to grant funding for legal advice, the Executive Committee will take into account the nature of the matter, its importance to the individual member, its importance to the Membership as a whole, and whether the matter can be satisfactorily resolved without legal assistance.
2. Legal Assistance
   Where the Executive Committee is deciding whether to grant funding for legal assistance, it will take into account all relevant factors including the following:
   • Any legal advice which has been obtained.
   • The merits of the case.
   • The value of the case in terms of any financial remedy.
   • The possibility of any other remedy being obtained.
   • The importance of the case to the individual member.
   • The importance of the case to the Membership as a whole.
   • The likelihood of recovering costs from any other party.
   • The likely cost of the matter to the Federation.
   • Whether pursuing a matter might adversely affect the interests of other Police Federation members.
   • Whether the Police Federation would be in the position of funding member against member, which would normally be avoided.
   If funding for legal assistance is granted it may be subject to such conditions as the Executive Committee consider appropriate including:
   • Limitations as to the costs which may be incurred.
   • Limitations as to the actions which may be taken by solicitors at Federation expense.
   • A requirement that the member co-operate fully with the appointed solicitors.
   • A requirement that the member provides full and frank instructions to the solicitors and keeps them updated at all times.
   • A requirement that the Member sign the form attached to this policy.
   RECOVERY OF LEGAL COSTS FROM MEMBERS

   Rule 13d provides that if legal action is successful in recovering compensation or damages for a member, the EC in its absolute discretion may call for that member to contribute in whole or in part to the legal costs incurred but not recovered by the Federation.

   Some types of claim will result in recovery of legal costs in full. Equally, however, there may be cases where legal costs are not fully recovered, or where the rules which apply to those types of claim do not generally permit for costs to be recovered (e.g employment tribunal claims).

   In considering whether to call for a member to contribute to unrecovered legal costs the Executive Committee will take into account all relevant factors including the following:

   • The amount of compensation recovered by settlement or awarded by a court or tribunal.
   • The total amount of legal costs incurred by the Police Federation which have not been recovered.
   • Whether the amount awarded to the member, or obtained by settlement, includes any amount in respect of the costs.
   • Whether the costs are higher than they ought to have been because of any action or inaction on the part of the member.
   • Whether there are any other special features of the case which ought to be taken into account.

   LEGAL ASSISTANCE FORM

   It will be a condition of the grant of legal advice or assistance that the member concerned signs the form set out at Appendix A to this policy.

   COMPLAINTS AND MISCONDUCT REPRESENTATION

   The Federation will provide such advice and assistance to members facing investigation and/or misconduct proceedings as it considers appropriate in its discretion. The member seeking assistance must approach the Federation Executive in the first instance so that a Federation "friend" can be designated. No assistance will be provided in cases where the member fails to do so.

   Any assistance by way of legal advice or representation will be subject to the same conditions as above.