Public and Commercial Services Union

Lay reps and full-time officers are expected to work together to obtain advice on personal cases.

PCS has a wide range of knowledge and expertise built up over many years and full-time officers will often be able to provide assistance based on their existing knowledge without the need to refer the matter to external solicitors.

Full-time officers are expected to either give advice to the rep (in writing where required) and where legal advice has been requested and is not authorised, officers are expected to make sure that the lay rep is given assistance so that he / she can either progress the case or be able to explain to the member why the case has no merits and cannot be taken any further.

In addition to the knowledge and experience of the full-time officer, departments such as equality, PRIBs, the anti cuts unit, the information service and the legal and personal case department will often be able to advise without the need to refer the matter to solicitors.

Also, legal advice on a number of cases is available on the website and reps are expected to make sure that they are not asking a question on which legal advice has already been obtained.

There are also a number of lay reps across the union who have direct access to Thompsons for telephone advice.

On some occasions however, all these options having been exhausted, a rep may still believe that legal advice is needed or that the case merits legal representation and that he / she has not been able to access legal advice or get agreement to representation being provided.

Where a full-time officer does not feel it is appropriate to obtain legal advice or to refer the matter to the legal department for representation, and where the rep still believes (having considered all of the above options) that a case merits written legal advice, the rep should in the first instance contact the SNO responsible to that area to see if he/she can provide advice or in the alternative is prepared to refer the matter to Thompsons.

The SNO is strongly encouraged to speak to the LAPD for advice and guidance on whether legal advice/representation or other assistance may be appropriate given the circumstances of the case.

Where legal advice is not considered to be needed, it is incumbent on the SNO to ensure that the rep has been given a full written explanation of the reasons for not obtaining external legal advice and that in addition the rep has been given advice on the substantive issues to enable him/her to advise the member.