Public and Commercial Services Union

Obtaining good quality and relevant legal advice is dependent on the content and presentation of the request we make to Thompsons.

The timing of any request is key to this. If we want to be in the best position to represent members, advice - whether legal or otherwise - should be sought at the appropriate stages of case development.

If the case is subject to a potential employment tribunal (ET) application and time permits, every effort should be made to seek advice before an ET1 is lodged.

Similarly further advice should be sought when the respondents have filed a Notice of Appearance and at other key stages as the case develops.

Information required when requesting legal advice

Every request for legal advice should be accompanied by the PC1 form. This is important to ensure that the bargaining unit can obtain the relevant information as quickly as possible.

It is particularly important to fill in the following sections of the form:

Nature of the problem and date(s) it happened

This should provide a synopsis of the case history. It should briefly highlight:

• the background of the case
• the important milestones in the case progression - eg date of dismissal, date of any alleged acts of discrimination at what stage the case is now at.

Action/outcome sought

The comments in this section should focus attention on what it is we are asking the solicitor to do, for example:

• prospects and merits of a particular claim
• help with identifying issues to be covered in any ET1 application
• how does a particular piece of legislation impact on an individual case?

Key dates/ deadlines including any tribunal or hearing dates

It is important that the bargaining unit (group or regional centre) and/or Thompsons are made aware of any deadlines relevant to the case. This should include where appropriate:

• perceived date by which any ET1 application must be submitted
• dates set in any directions given by the tribunal
• date of any ET hearing.

Case category checklist

This is a checklist of the various types of claims on which advice may be sought. Completion of the checklist helps to progress requests more quickly and also contributes to a useful database from which PCS can monitor caseload development.

Document checklist

This is a checklist to confirm the documents forwarded by any representative with a request for advice.

The main point to note here is that whoever deals with the request for advice does not need to see every single piece of paper associated with the case.

The checklist identifies those documents which, if they are available and appropriate to any particular case, should be included with any request for help.

Please note that 'originals' of any documents should be retained on the local file and only copies attached when seeking legal advice.

Find out more about using the PC1 form.