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Regulatory, professional and criminal law

Regulatory, professional and criminal law

Prospect members are eligible for legal advice and assistance where they face a potential prosecution for a criminal offence arising in the workplace and in the course of their official duties, where the conditions set out below are met.

man wearing hard hatTo be eligible for assistance:

  1. the criminal offence arises where the member, in the course of their employment, was following the employer’s procedures or instructions, and
  2. the employer has refused, failed to provide, or withdrawn legal assistance, and
  3. if found guilty of the offence, the member’s employment would be at risk. 

For example, members are eligible for assistance where they face investigation or prosecution by the Health and Safety Executive or other statutory or regulatory authorities, arising from their employment. 

Members seeking advice in these circumstances should contact their Prospect negotiator, or in an emergency, a Prospect legal officer or one of the deputy general secretaries.

If at the initial investigatory stage an interview is not being conducted under caution, the full time-officer may provide advice and assistance. Where members are interviewed under caution, they will be eligible for assistance provided through the union’s appointed solicitors at Prospect's expense. 

Prospect does not provide advice on criminal matters that arise outside work, or on matters that may arise in the workplace but not in the course of members’ official duties. Initial advice on such matters may be available through the general legal advice line.