Terms and conditions for our legal services

Workplace and other legal assistance is offered at Prospect's discretion, and is decided on the facts and merits of each case. We consider factors such as the prospects of success, the impact of the case on other members, and the cost effectiveness of running the case in relation to the likely outcome.

The benefits outlined here are only available to fully paid up members. They must be in membership at the time their problem arises and for the duration of their case (other than in certain latent personal injury cases).

Most non-work related benefits, including the Personal Injury scheme and the LegalLine advice service, are also available to the member's partner, spouse, or any financially dependant member of their immediate family.

Retired members are not entitled to assistance over work-related benefits, such as advice on employment rights, the Personal Injury scheme or official inquiries involving work done while in retired membership.

For deceased members, assistance may be provided to the member's partner, spouse or immediate family member in exceptional circumstances. Where a case has been accepted and the member dies before the case is concluded, assistance may continue to be provided to pursue the case for the benefit of the member's surviving beneficiaries.

Assistance will not be given where a member has taken independent legal advice or commenced litigation before approaching the union. If during a case the member decides not to proceed on the basis of Prospect's advice, or chooses to proceed independently or to seek advice from alternative advisors, assistance will be withdrawn.

Legal assistance will be withdrawn if the member fails to provide relevant information, provides misleading or incomplete information, or fails to co-operate with the advisor dealing with the case.

The merits of each case will be regularly reviewed and discussed with the member. Decisions on continued representation or the funding of advice will be subject to review.

Complaints

We hope that members are satisfied with the service they receive. In the event of a problem, the member should first raise the issue with the full-time negotiator dealing with their case. If the issue is not resolved to their satisfaction they can raise their concerns with the line manager of the person handling the case or finally, the General Secretary. For personal injury cases Prospect's solicitors will advise on their complaints procedure, or the matter can be raised with the legal services team at headquarters.

Members outside the UK

The services described on our website cover most members, but not all services apply (or apply in exactly the same way) to members living in the Isle of Man, Gibraltar or the Channel Islands. This is because of their different legal systems and availability of advice. Check with your Prospect full-time negotiator for more information on services in these areas.

 Throughout this guide the terms ‘assistance' and ‘legal assistance' mean the full range of Prospect services, both in the workplace (including informal negotiation with management and representation at grievance or disciplinary hearings and appeals) and the pursuit of legal claims through tribunals and courts.

Further information

For more information on Prospect legal services, please contact:

• your local Prospect representative (see your member welcome page for contact details)
• your Prospect full-time negotiator
• the legal officer or legal services assistant at New Prospect House.