TUI LEGAL ADVICE POLICY (includes personal cases)
Strictly subject to adherence to the procedures set out below, TUI can, where appropriate, provide members with legal advice on issues relating to work and other matters. The procedure for requesting legal advice is detailed below. Please note that in circumstances where a member deviates from the procedure the Union will no longer be in a position to assist the member in relation to the particular case.
Two separate schemes of legal advice for members are provided by the Union as follows:
1. On matters affecting members in their employment.
Normally members’ problems will be dealt with by the Union itself through Industrial Representations. In some instances, the Union may provide legal advice and assistance to individual members on matters affecting them in their employment, or in regard to their membership of TUI, provided any such member has not retained his/her own legal advisor. Requests for legal advice must be made in writing to branches and processed through Branch Structures. Where a Branch agrees that legal advice should be sought for a member, the branch will formally request such advice by writing to the designated Official with responsibility for the Branch, (copying the request to the General Secretary), stating clearly the nature of the advice sought. Requests for legal advice will be considered by the Executive Committee. Where deemed necessary by the Executive Committee preliminary legal advice/assistance will be obtained. The Executive Committee shall have sole discretion in relation to the nature and degree of the legal advice/assistance which shall be given to any member/s.
Further legal assistance, beyond initial advice/assistance, may be provided by the Union at the sole discretion of the Executive Committee. Where the Executive Committee agrees to provide further legal advice/assistance, they will do so only on the basis that they receive appropriate written authority from the member in question and the Executive Committee shall have sole discretion as to the level, nature and degree of legal assistance which shall be given to any member. The precise issue for advice should be communicated in writing to Head Office, through the Branch.
Under no circumstances will the Union be responsible for legal or other expenses incurred by a member without the prior written consent of the General Secretary and then only to the extent authorised in writing.
2. On matters other than those arising from employment or concerning membership of TUI
A separate scheme of first instance legal advice on matters other than those arising from one’s employment as a teacher/lecturer is available free of charge to in-benefit members. To avail of this service, the member shall forward a covering letter to the General Secretary with the material for the solicitor in a separate sealed envelope. The sealed envelope will be transmitted to the Union’s solicitors who will reply privately to the member concerned. Failure to comply with this procedure entails delay for the member concerned.
TUI will not provide legal advice on matters relating to a member’s employment if the member has engaged his/her own legal representation. Therefore, Branch Officers should strongly advise members not to engage their own legal representation on work-related matters.
Branches shall not utilise branch funds to obtain private legal advice. The Union has experienced and expert legal advisors. If a member gets his/her own private legal advice, neither the Branch nor Head Office will provide assistance to the member. TUI will not be responsible for any costs incurred by the member.