Public and Commercial Services Union

The key points for PCS representatives to note are:

A request for legal advice on any case can only be authorised by a full time officer (FTO) working in a PCS bargaining unit (BU) at PCS HQ or in the regional centre network. This aspect of the arrangements is considered essential to the successful implementation of the scheme.

It ensures we are best placed to:

• monitor developments in the number and types of cases
• establish what needs to be done in respect of raising issues with the employer and assess the steps that need to be taken to improve case management.

Senior national officers (SNOs) in each PCS bargaining unit are allocated an annual budget to cover the cost of requests for legal advice to Thompsons. This helps ensure the scheme is operated on the most cost effective basis.

Where legal advice is considered necessary, this will normally be sought from the Thompsons office closest to where the member is employed. This makes it easier to arrange face to face contact with the solicitor if this should be needed to help deal with the request for advice.

The scheme operates most effectively when requests are made in a timely manner; identify exactly what advice is being sought and are accompanied by documents that are key to the case.

The scheme also provides for legal representation to be arranged where this is considered appropriate. Authorisation for legal representation is given by the PCS legal and personal case department.

The role of PCS bargaining units

As indicated above, a decision on whether or not legal advice is required for a particular case rests with PCS full-time officers.

Clearly not all cases require such detailed legal advice.

Very often the advice required to deal with a case can be provided elsewhere within PCS - for example, the PCS equality department; the policy, research, information & bargaining support department; legal and personal case department.

FTOs also have the option of contacting solicitors by telephone and this will be done where quick advice on a specific point is required.

Successful implementation of the scheme is very much dependent on the working relationship between lay representatives and bargaining unit/ regional centre full time officials.

Budget controls

The scheme operates within a budget set each year by the national executive committee (NEC).

As indicated above, day to day requests for advice are made by bargaining units and signed off by senior national officers who have responsibility for budgets within their area of responsibility.

Additional money is allocated for those individual cases where legal representation is agreed and/or to deal with claims and cases which may be significant to members across the wider civil service or other employers.