CLAIMS IN-HOUSE LEGAL (IHL)
Tell us a little bit about your role – what does a standard day look like? IHL: We provide comprehensive legal advice to the National Secretary, Deputy National Secretary, and Heads of Civil and Criminal Claims Departments. The IHL solicitors mainly specialise in matters of employment, discrimination, civil, and regulatory law, and assist with a broad range of enquiries relating to Police Regulations and issues potentially affecting our members. The claims teams receive numerous funding applications on a daily basis. Once forwarded to the IHL team, an immediate check is made on the time limitation date and whether any further enquiries need to be raised on the application or information provided. Where necessary, the IHL team will ask the Claims teams to contact the branch with any initial recommendations. For example, this could be about starting the ACAS Early Conciliation process to protect a claim. Then work on the legal analysis begins. The legal team’s work is varied – throughout the day the solicitors can be working on funding applications, speaking with elected officials or representatives, assisting with draft circulars and policies, or reviewing claims or the advice of panel solicitors or counsels. It is a very busy department – the coffee machine is visited a lot!
How does the team’s role fit into the wider department? IHL: We work closely with the claims teams and carry out a first-stage legal analysis of funding applications that are submitted by subscribing members to assess the cases’ prospects of success. This enables the heads of the respective claims departments – the decision-makers – to decide if the organisation is able to fund a case for further legal advice and assistance. A legal report may include practical recommendations aimed at assisting the branch and representatives to support the member. Our in-house solicitors may work alongside panel or other external solicitors, or counsel in the PFEW’s own claims or matters of litigation.
Are there any trends or areas that members need to be aware of? Is there anything you would like the readers and
19 | POLICE | FEBRUARY 2023
members to know about claims? IHL: A review of our member applications and Employment Tribunal (ET) statistics would show that for several years now there has been a steady rise in the number of disability discrimination cases, with a notable increase in the cases concerning mental impairment, particularly stress- related conditions, including PTSD. More recently, neurodiversity is featuring more often in claims for failure to make reasonable adjustments. In disability discrimination claims, the first question for the Employment Judge (EJ) will always be whether the impairment, either physical or mental, satisfies the statutory definition of a disability – this is not a question that will determined by medical evidence alone. If the EJ is not satisfied of the claimant’s disability status, the claim may be dismissed based on the lack of eligibility. One of the key criteria for determining disability status is the extent to which
Unless a member is supported by external solicitors, it will remain their responsibility to protect their claim, including by observing the time limit.
Our recommendation would always be for the member to seek early guidance if there is any doubt over when a time limit might begin or end. The branch board or Federation can usually assist, and can refer to IHL if the enquiry is complex.
If a member needs to request legal funding from PFEW, what do they need to do? IHL: Speak to their Federation representative or branch as soon as possible. There are many things that can be resolved locally, and the branch can submit an application for funding to the claims department if legal advice is necessary.
“Our recommendation is always for the member to seek early guidance if there is any doubt over when a time limit might begin or end”
the impairment affects the claimant’s normal day-to-day activities – this must be substantial.
Another crucial aspect to being permitted to proceed with an ET claim is to ensure that it is lodged within the applicable time limitation period, and after complying with the mandatory ACAS Early Conciliation process. Typically, the primary time limit for a discrimination claim would be three months, less one day from the act, or last act, complained of by the claimant.
It can be tricky to determine what might amount to the last act, and time limits can easily be missed when the respondent is working through internal processes first.
If the officer has been involved, on or off duty, in a road traffic collision, whether as a passenger, driver, pedestrian, pedal cyclist, or motorbike rider, they should contact the Police Federation RTA Legal Assistance Service, which is run by our solicitors Pattinson & Brewer (0808 1965315).
For Criminal Injuries
Compensation Authority (CICA) matters, you should make a claim directly via this website:
www.claim-criminal-injuries-
compensation.service.justice.gov.uk/ apply/new-or-existing-application
For a CICA review or appeal, complete a C2 form via your Branch and request legal assistance.
All other potential claims – personal injury, employment or legal advice – should be directed to the local branch or, if preferred, another branch within the member’s region. A Federation rep will be assigned and a C Form application should be submitted.
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