Legal
Advice
The
SFHEA, in association with Thompsons Scotland, Solicitor and Solicitor
Advocates, offers as comprehensive a range of legal services as possible.
The
SFHEA has arranged for unique access to all of these services by telephone
and, in particular, the freephone number. These legal services must
not only be immediate but also sound and worthwhile. Through Thompsons
Scotland, who only act for trade unions, we have arranged for specialists
in each area of law to provide the advice and, where applicable, further
representation.
The
services offered are as follows:
- Employment Law
- Human
Rights
- Health
and Safety
- Criminal
Law at Work
- Criminal
Law Outside Work for you and your Family
- Work
Related Accidents and Diseases
- Family
Law
- Property,
Mortgage and Estate Agency
- Counselling
- Independent
Financial Advice
- Free
Wills
- Trust
and Executry
- Benefits
and Consumer Law
Following
processing of a membership application, the SFHEA Directory of Legal
Services will be sent to a new member together with the Welcome Pack.
The Directory includes further details of all the services, and a pull-out
card with the relevant telephone numbers, to assist members particularly
in case of emergency.
The
National Executive Committee shall have the power to seek legal advice
and grant assistance to all members and life members who qualify under
sections (a), (b) and (c) below in respect of matters requiring legal
assistance arising out of or in the course of their employment. In any
other matter they shall receive advice only if so determined by the
National Executive Committee at its sole discretion. In each case the
conditions as set out in the schedule below will apply.
Qualifications
The
following shall apply:
(a)
membership for at least three calendar months prior to the member knowing
that
he/she has need of assistance;
(b) no arrears of subscriptions;
(c) fully paid up at the date of retiral.
Conditions
1.
The member seeking legal advice or assistance must apply timeously,
in writing, to the General Secretary.
2.
Referral of the member's case to the Legal Adviser does not commit the
SFHEA to supporting the case. The decision regarding whether or not
to support an individual case is at the sole discretion of the National
Executive Committee.
3.
The member must not assume that his/her application for legal advice
or assistance has been granted until this has been confirmed, in writing,
by the General Secretary.
4.
The member must continue to pay subscriptions whilst his/her case continues.
5.
Every granting of assistance shall be on the understanding that the
National Executive Committee may withdraw its support if the member
does not follow the advice of the Legal Adviser or the Executive Committee
or if, in its view, the continuance of support is unreasonable.
6.
The National Executive Committee may, in determining whether or not
to continue its support, take into account the policies of the SFHEA.
In any case the National Executive Committee shall nevertheless indemnify
the member in respect of liabilities incurred on the National Executive's
authority up to the date of withdrawal of support.
7.
Advice and/or representation may be provided by a lay or full-time officer
of the SFHEA, or by a solicitor or counsel appointed by the SFHEA, at
the sole discretion of the National Executive Committee.
8. The SFHEA shall not be accountable for any costs, charges or other
payments in connection with legal action or advice from the SFHEA's
appointed solicitors, either incurred or made on behalf of members,
without the consent of the National Executive Committee.
9.
In cases where the member is seeking financial compensation or damages
the SFHEA reserves the right to retain a proportion of the settlement
equal to all or part of the costs incurred by the SFHEA. This amount
to be agreed between the National Executive Committee and the applicant.
