Public and Commercial Services Union

The issues being discussed with Thompsons include:

• A protocol for designated officers with access to the Thompsons duty solicitor scheme for telephone advice. Work is ongoing with Thompsons to ensure that the duty solicitor scheme is available to all senior reps with responsibility for personal cases and that the format for getting advice meets the needs of those using the telephone line.
• Pricing of legal services. We are working with Thompsons on the pricing of legal services including any elements of cross subsidy from one area of work to another, to ensure that we can access services in the most cost effective ways,
• Training and accreditation. Thompsons currently provide PCS with up to 10 days’ free training per year. We are examining how that time might be increased and also how to best meet the needs of reps and full-time officers to ensure that they have a good grounding in a range of legal topics so that knowledge is kept up to date.
• Access to written advice under the employment law scheme. We are examining the operation of the employment law scheme and the protocols currently in use to ensure they meet current needs.
• Procedures for requesting legal representation. Work is being done to ensure that where a case meets the criteria for representation this can be organised quickly and in a way that enables the member to retain ownership of the case and so that the reps can use their knowledge of the employer to enhance the prospects of success,
• service level agreements including response times and the contents of advice to include advice on the merits and prospects as well as the value of the claim,
• the personal injury telephone line to make sure that the personal injury scheme is made use of by as many members and their families as possible and so that the information taken is accurate and comprehensive and enables the case to be progressed quickly; and
• a complaints procedure. Whilst the work above, in particular in relation to protocols and service level agreements should minimise complaints, it is important that any concerns raised are dealt with promptly and in a way that enables the members and reps to feel satisfied that the issues have been properly examined and any lessons that emerge are cascaded down so that the same problem cannot recur.

The review is intended to assess:

• The effectiveness of the arrangements currently in place to deal with personal case handling throughout the union’s structures;
• To establish good practice, the legal resources required and mechanisms needed to ensure that we are dealing effectively with individual cases;
• To make recommendations to the NEC (and conference) about what further action is required to deliver a good and effective service which responds to the needs of PCS members, lay and full time officials.
• The review is looking at a number of issues including:
• Training for officials and representatives and their respective roles;
• The guidance currently available;
• How legal advice is currently accessed and legal representation authorised and what can be done to further improve this service for representatives and officials;
• Arrangements with current providers;
• How PCS can get better value for money.

In addition the project team considered the following other areas of work:

• Group systems for personal case handling. There is already guidance on what these systems should contain within the second edition of the personal cases folder that was distributed to all branches at Conference 2008. It was agreed that this should be expanded to a formal template for each group, including flow charts on the types of cases to be handled at each level of the group structure and sign posting sources of advice and guidance at each stage.
• PCS legal helplines. It was agreed to issue a helpline card to each rep via Activate setting out the various numbers for guidance and information. A new card will also be sent out to members in View following ADC 2009.
• Review of legal services and review of legal contracts and tenders. The project team noted the ongoing work with Thompsons (set out above). The working party agreed that reps should be made aware of the terms of the service level agreements, how reps can maximise the chances of the advice provided meeting their needs and discussed how members’ expectations can be better managed.
• The working party also looked at a number of options for fulfilling the second part of motion A136 which requires PCS to enter into discussions with other firms to find a more supportive deal. The project team discussed a future tender. It was agreed that the discussion with Thompsons and the review process itself will enable us to define how to improve the different components of legal services and what action needs to be taken. The aim is to provide a further report to the April NEC containing recommendations on the next steps including the option to tender. It was agreed that any re-tender should be done in conjunction with the mapping exercise and in consultation with members’ needs.
• The employment law scheme. The scheme terms will be updated to reflect changes and the project team will submit any comments beforehand. The EL1 form will also be updated to reflect changes in legislation e.g. religious belief as a discrimination law heading.
• ‘Personal cases - guide for representatives’ and ‘Personal case assistance – how to complete the personal case (PC1)’ form will also be updated to cover all discrimination strands and machinery of government changes.
• Strategic legal cases and discrimination law cases – definitions drawn up and the project team will submit any proposed alternative texts.
• Compromise agreements. Currently these are done in-house. The director of legal services is the only individual trained and insured to sign off compromise agreements. It has been agreed to explore whether a greater number of PCS reps or officers could be trained and insured to deal with compromise agreements and that in any event if there is a re-tender of legal services compromise agreements should be included.
• Protocol for handling disputes between members. Currently the only option is a complaint under Rule 10. The project team agreed to explore mediation training and developing mediation procedure as an alternative.
• Guidance on how to avoid negligence claims and complaints. This is a new guide drawn up by the legal and personal case department which, subject to any changes from the project team will be distributed for insertion into the personal cases folder.