Terms and conditions of the Oddfellows' Legal Aid Scheme for Employment Matters
As a discretionary benefit, the Oddfellows offers to its members the legal services required to make an application to the employment tribunal or access advice in relation to other employment matters.
The date of the member's dismissal or the incident being complained about by the member must have taken place after the member joined the Oddfellows.
Claims are supported by a preferred firm of solicitors selected by the Oddfellows.
As a discretionary benefit, the member must accept the choice of firm chosen under the scheme.
Applications for the benefit will be recorded by the Oddfellows Care Department and then forwarded to the solicitors for investigation.
For assistance with an employment tribunal claim, the Oddfellows guarantees to fund all the member’s costs, including any tribunal application fees advised by the solicitors, up to a maximum of £20,000 (before any recovery from compensation is made – see below).
For an employment matter which does not involve bringing an employment tribunal claim but still requires strategic employment advice, eg advice on a settlement agreement or pursuing a grievance, the member is entitled to up to five hours of legal advice under the scheme.
It is a condition of the benefit that a claim must at all times have more than a 50% chance of success.
It is the solicitor’s duty to investigate and advise the Oddfellows of the merits of the case at the outset of the matter, in order that funding of the case can be agreed.
Should the solicitor obtain an offer of settlement, the Oddfellows will accept the advice of the solicitors regarding acceptance.
If at any time during the case the member does not accept what the solicitor considers to be a fair and acceptable settlement sum, the Oddfellows reserve the right to cease all future funding.
The member has the right to continue their case under their own financial arrangements.
On the successful conclusion of a claim, the Oddfellows may require the member to reimburse the Oddfellows with up to a maximum of one third of the compensation awarded.
In consultation with the Oddfellows, the solicitors will deduct the amount agreed from the member’s compensation/settlement award.
If the legal fees incurred are less than one third of the member’s compensation, the Oddfellows will only be entitled to recover the actual amount of the legal fees incurred.
The service provided by the chosen firm of solicitors is entirely confidential and the information obtained by the solicitor will only be used for the purposes of progressing a claim on behalf of a member and/or providing the member with legal advice.
The information obtained by the solicitor will also be available to the Oddfellows to enable decisions to be made regarding funding and the payment of costs and disbursements.
Member’s obligation of good faith and cooperation
The benefit provided by the Oddfellows is strictly conditional on the member acting in good faith and the member must always cooperate fully with the solicitors and/or the Oddfellows during the initial assessment of the potential claim and thereafter until conclusion of the matter.
This includes being full and frank in their disclosure and providing the solicitors with all the necessary information and documents that are relevant to the matter (regardless of whether they help or hinder your case).
In the event that the member is found not to have complied with their obligations regarding disclosure and cooperation, the Oddfellows reserves the right to withdraw the services provided under the Legal Aid Scheme with immediate effect and in exceptional circumstances, the Oddfellows reserves the right to recover the costs it has spent on the provision of legal services from the member.