This is our hub for all stewards undertaking member casework across UNISON South East. Here you’ll find a wealth of support and guidance, as well as information on the various process and protocols we use in the region.
The UNISON CASE Form
It is important that Branches use the UNISON CASE form or complete the full details on Caseweb (if the Branch is Caseweb Live) for all cases where representation is being provided.
The UNISON Case Form/Caseweb ensures we have all the key facts and information we will need at the outset of a formal case.
Branch Officers/Stewards who are providing representation can use the Member Representation Guide as a source of advice/guidance.
If there are any concerns regarding a case or deadlines for ACAS Early Conciliation/Employment Tribunal the Branch should contact their Regional Organiser.
Download latest version of CASE form
Conditions of Representation
The Branch Representative must carry out a membership check to ensure that the member meets the requirements of the 4-week Rule and that their subscriptions are up to date.
Please see UNISON Rule K.2-6 which covers qualifications for legal assistance.
For those members who join with a pre-existing issue or with a problem that occurs within the first four weeks of membership, the branch can provide them with some initial advice via phone or email.
The branch may use its discretion to provide formal representation if agreed by the Branch Secretary, but it must set out clearly, in writing, that this is done on the basis that representation can only be provided for the employer’s internal procedures and that the member will not be entitled to legal advice and assistance.
If the Branch has any queries about this they should seek advice from their Regional Organiser.
During the first meeting with a member the Representative MUST explain the content and implications of the conditions of assistance for providing representation.
This information is included on the Case Form.
Caseweb Live Branches should ensure that the member has seen a copy of this.
The member must sign the declaration (via the Case Form or through Caseweb).
Referring cases to the region
Cases requiring Employment Law advice should be referred to the Regional Office.
If Branches have any queries about the process, whether or not a case might require legal advice or unclear of the deadlines they should speak to their Regional Organiser at the earliest opportunity.
The case MUST be referred to the Regional Office as soon as possible after any date that could trigger deadlines for ACAS Early Conciliation/Employment Tribunal (eg: Date of Dismissal/Date of the Act of Discrimination).
The Branch should continue to represent the member in the internal processes (e.g.: Appeal against Dismissal/Grievance) when the case is referred to the Regional Office.
Please note that the Race Protocol must be followed for any cases of Race Discrimination.
The case must be referred to the Region as soon as possible after the Act of Race Discrimination.
The Branch should continue to represent the member in any internal procedures (e.g. Grievance).
If advice is required regarding the content of the Grievance the Regional Organiser for the Branch should be contacted.
Do not wait until the Appeal against dismissal or the grievance/other process is completed before referring cases that require further legal advice to the Regional Office.
Referral process
CASEWEB LIVE BRANCHES: If the Branch uses Caseweb they can complete all the information required In Caseweb rather than complete a Case Form. Caseweb Live Branches can refer cases up to Region via Caseweb (all the “Additional information for referral” including the “Declaration” musts be completed). It is important that all the case details have been entered onto Caseweb (including confirmation of the advice that is being sought) and that all documents and correspondence has been uploaded to the Case.
BRANCHES NOT USING CASE WEB: All cases which are being referred to the region must use the CASE Form, this must be fully completed, the details of the Branch Representative should be included and the form must signed by the Branch. Please ensure that the member and Branch sign the declaration. The Case Form and all the case papers should be emailed to: EMAIL: se-newcasereferrals@unison.co.uk
Branches who are not live on Caseweb should now use the following CASE FORM: https://www.unison.org.uk/unison-case-form_25043/
Any cases referred to Region (via Caseweb or Email) must include the following:
- Fully completed Case Form or if the Branch is live on Caseweb fully completed Caseweb File (this should include confirmation that the member meets the requirements of the 4 week rule at the time the issue first occurred).
- Statement of Particulars of Employment/Contract of Employment (including any letters of amendment)
- Job Description
- Copy of the relevant Procedures for the Employer (eg: Disciplinary, Grievance, Organisational Change, Bullying and Harassment, Sickness Absence, Whistleblowing, etc)
- Copies of documents relating to the internal procedure (eg: Documents for all completed stages of the disciplinary or grievance process, correspondence regarding the case.
- If the member has been dismissed from employment (including redundancy) – a copy of the dismissal letter sent by their employer
- If the member has appealed, a copy of their appeal letter and if the appeal has been heard, the employer’s appeal decision letter
- Medical or occupational health reports (if applicable)
- Confirmation of the date of dismissal/discrimination/resignation and what happened on that date.
- A date timeline of key dates relating to the case e.g. when the first incident occurred, when the matter was first raised, when the member attended meeting(s) with employer
- Evidence of the claim e.g. copies of witness statements you already have, photographic evidence, correspondence etc.
Settlement Agreements
If the Branch negotiates a settlement agreement, for UNISON Members who meet the requirements of the 4 week rule, the required legal advice can be provided via Thompsons.
Please note the Case Form or referral up from Caseweb should not be used for cases that only require legal advice on a Settlement Agreement that has been negotiated for a member by the Branch.
A Settlement Agreement referral form should be used.
This needs to be completed and sent to the Regional Organiser for the Branch (or their cover if they are absent).
It is vital to ensure that the Form is fully completed and that the settlement agreement is only sent for Legal Advice when all terms (including reference) and the required fee for legal advice (see form in link below) have been agreed with the member, employer and the Branch Representative.
The guidance and link to the form are here.
Other Legal Advice/Assistance: Branches should speak to their Regional Organiser if they believe there are potential legal claims (collective or individual) related to matters such as TUPE, Redundancy, Equal Pay, Pensions, Trade Union Recognition, etc.
Find out more about UNISON Legal Services here.
There For You: Details of the confidential service for members over the phone or in person if you are experiencing personal difficulties such as: being off work with a long-term illness; domestic violence or abuse; living on the breadline and needing to pay for a major bill or vital item; recovering from surgery; looking for advice in dealing with your debts can be accessed here.
General information: The UNISON Knowledge Base provides up-to-date and legally checked information on employment rights and key issues affecting people in the workplace and at home and can be accessed here.