RMT ‘IN-HOUSE’ LEGAL SERVICES

by RICHARD WILLIAMS – RMT Legal department

Our in-house Legal Department fight a number of cases. Originally our Legal Department began with the assessment of cases only and referred the running of cases out to external providers. However, this approach was developed and changed a few years ago and today they deal with all cases from assessment to the case’s conclusion at a tribunal for our members in London and the South East and the North West of England, for members in other areas our Legal Department provides advice and if required will instruct our panel solicitors local to that area. Our Legal Department has also set up links with lawyers in the Republic of Ireland and the Isle of Man so that we can provide legal services to members.

Our Legal Department provides the advice and arranges the appropriate representation if the claim is deemed to have reasonable prospects of success. It does not provide direct funding to members for their own choice of legal representation, instead it provides representation itself or through our panel solicitors.

In 2021, our Legal Department has also submitted claims to the Employment Appeal Tribunal for our members who have been unsuccessful with their claim at the employment tribunal and the basis for an appeal has been identified.

The Unions’ helplines for work and non-work matters continue to provide enormous benefit to our members.

The Union’s Legal Department is now firmly established and employs four solicitors. The biggest call for assistance remains dismissal cases. Added to this the number of settlement agreements (members leaving their employment through negotiated agreement).

The second largest call for legal assistance was to recover monies unlawfully deducted from our members’ wages.

The third largest call was for members with their discrimination claims. Our In-house Legal Department are robust in fighting all forms of discrimination in the workplace; this is evidenced by the successful case outcomes. Other members required assistance with whistleblowing and trade union detriment claims.

Our Legal Department are dedicated to assisting our members where there are reasonable prospects of success. Sadly, we are unable to support all cases where there are not reasonable prospects of success. However, this Union is not adverse to take on a case, despite the advice, where the NEC considers that, notwithstanding the prospects of the case, there are important political reasons to support locally. We remain a democratic fighting Union so it is no surprise that employers are using the law to get rid of our members and we will instruct our solicitors to fight those cases where we deem it necessary.

Our in-house Legal Department continues to advise and support members in their work-related criminal cases in the Magistrates Court. This often involves defending members against false allegations made by the public of assault, false allegations of theft and alleged driving offences. Furthermore, we continue to offer advice and support for bus and taxi drivers, in respect of their licensing issues, licensing appeals before the Magistrates Court, driving offences, and in respect of appearances before Traffic Commissioners.

Our in-house Legal Department will continue to strive to deliver a first class service to all of our members. We are committed to provide a strong legal department to assist the Union through the ever-changing legal landscape. Their successes have grown yearly. It is important going forward that we have a legal service fit for the challenges that we face.

The RMT Legal Department has achieved a number of successes at the Employment Tribunal, Employment Appeal Tribunal and in settlement negotiations for ongoing cases.