Common employment law disputes – Caseworker Discussion Forum

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Time: 14:30 – 15:30
Date: Thursday 22 February 2024
Location: Virtual via Microsoft Teams

The February 2024 forum will be on the topic of Common employment law disputes. We will be joined by Patrick Brione from the Library’s Business and Transport Section.

To book, please go here: https://parliament.learningpool.com/mod/facetoface/signup.php?s=16610

Law Training Sessions from the Learning and Development Team

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The Learning and Development has arranged some new law training sessions in March.  Please book yourself onto them using the intranet links below.

Introduction to housing law: Homelessness
https://parliament.learningpool.com/mod/facetoface/view.php?id=3874

Introduction to housing law: Security of tenure 
https://parliament.learningpool.com/mod/facetoface/view.php?id=3876

Introduction to housing law: Social housing
https://parliament.learningpool.com/mod/facetoface/view.php?id=3877

Introduction to housing law: Disrepair
https://parliament.learningpool.com/mod/facetoface/view.php?id=3875

The Law and Special Educational Needs
https://parliament.learningpool.com/mod/facetoface/view.php?id=3878

Introduction to Anti-Social Behaviour and the Law
https://parliament.learningpool.com/mod/facetoface/view.php?id=3879

 

Places still available for February.

Universal Credit Overview
https://parliament.learningpool.com/mod/facetoface/view.php?id=3036

Office Manager- Getting started
https://parliament.learningpool.com/mod/facetoface/view.php?id=3492

 

Please note that the waiting list function is not available at the moment, therefore, please go to the Act pages regularly to check the availabilities.  Please also note that these courses may be arranged in the future but we do not have the dates yet.

Finding legal advice for your constituents

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MPs are there to help only with those matters for which Parliament or central government is  responsible.  MPs are not there to help in private disputes with neighbours, with an employer, with family matters or with companies who have sold faulty goods; nor can they interfere with decisions made by courts.

MPs’ offices should not give out legal advice to constituents, nor should they be involved in Judicial Reviews.  You should ask your constituents to seek independent legal advice given by a suitably qualified person with professional liability insurance.  Judicial Reviews require specialist advice.

MPs should not write to judges as they may appear as attempts to interfere with legal proceedings.  Read more in the Parliamentary Commissioner for Standards Advice Note.

Law Centres defend the legal rights of people who cannot afford a lawyer. They are specialists working in their local communities to uphold justice and advance equality.  There are various Law Centres throughout the country who https://www.lawcentres.org.uk/about-law-centres/law-centres-on-google-maps/alphabetically

LawWorks is a charity working in England and Wales to connect volunteer lawyers with people in need of legal advice, who are not eligible for legal aid and cannot afford to pay and with the not-for-profit organisations that support them.  https://www.lawworks.org.uk/

Citizens Advice Bureau: Citizens Advice Bureau (external website)
Their network of independent charities offers confidential advice online, over the phone, and in person, for free.  They are independent and totally impartial.  They also give advice on consumer rights on their consumer helpline, support witnesses in courts through the Witness Service and give pension guidance to people aged over 50.

Immigration

In the case of immigration matters, it is against the law to dispense immigration advice unless you are registered with the Office of the Immigration Services Commissioner (OISC) or a member of an approved professional body such as the Law Society.

Find an immigration adviser: https://www.gov.uk/find-an-immigration-adviser

The Public Law Project employs specialist lawyers who assist individuals experiencing personal disadvantage, or charities or organisations representing the interests of marginalised or disadvantaged groups.  PLP also employs expert academics and researchers.

They may be able to take on individual cases that are referred to them by other lawyers, advisors, MPs or voluntary groups.  If they are unable to help, they may be able to signpost you to other lawyers or agencies that can.

Have a look at their page on helping individuals here; https://publiclawproject.org.uk/can-we-help/individuals/

The Public Law Project also gives information on Judicial Reviews here: https://publiclawproject.org.uk/resources/an-introduction-to-judicial-review-2/

The Unity Project supports migrants who have No Recourse to Public Funds (NRPF).

Karma Nirvana is a project which supports victims of honour-based violence and forced marriagehttps://karmanirvana.org.uk/

Further information

See the House of Commons Library Constituency Casework Guides:

The All-Party Parliamentary Group on Legal Aid: https://www.apg-legalaid.org/

From the APPG’s website:

“The APPG on Legal Aid provides bespoke training to MPs and their caseworkers on a range of subjects through the House of Commons Library. Studies and research have shown that as a consequence of the LASPO cuts there has been a huge increase in the number and complexity of legal problems that MPs are encountering in their surgeries. Our training is designed specifically with caseworkers in mind and provided by industry experts. To date, we have provided training in the following areas:

  • Legal Aid,
  • Immigration,
  • Housing Law,
  • Disability and Discrimination Law,
  • Employment Law,
  • Anti-Social Behaviour Orders and
  • Special Education Needs.

Feedback for the courses has been excellent. We have also developed courses in soft skills and interviewing techniques for new casework staff as part of the House of Commons induction process.

For further information about these courses, please check the ACT website.

We also provide briefings for individual MPs and select committees on various areas within legal aid. For further information, please contact [email protected].”

The All-Party Parliamentary Group on Access to Justice:
https://www.appg-access-to-justice.co.uk/

 

Signposting Guide to Pro Bono & Other Free Advice

The Guide to Pro Bono & Other Free Advice is a directory for MPs, their caseworkers, charity sector staff and others looking to signpost individuals to free legal and other advice.

It covers:

  • Legal aid i.e. legal assistance funded by the Government.
  • Pro bono i.e. free legal advice or representation provided by volunteer lawyers to individuals and charities who cannot afford to pay but where legal aid is unavailable.
  • Front line advice organisations, which provide assistance from general advice through to specialist legal support. Note some areas have regulatory restrictions in particular debt and immigration.
  • Online guidance about legal issues and the legal process.
  • Specialist charities providing general advice/support for particular groups or problems, reflecting that legal issues often occur alongside non-legal issues. Some of those charities may offer legal information or advice, or may be able to signpost to it.

Having been launched in the last Parliament with the support of the APPG on Access to Justice, the updated Guide for England & Wales was recently endorsed by the Attorney General’s Pro Bono Committee.

The Guide is now located at the new website of the Attorney General’s Committee at probonocommittee.uk/MPs where there is a dedicated section for MPs and their caseworkers, with various information including an explanation about pro bono, guidance about working with local agencies and signposting free legal advice, and a summary of legal aid.

Hard copies are being sent to all MPs in England & Wales at their offices at Westminster, with a covering letter from Solicitor General, Sarah Sackman KC MP.

The Solicitor General recently referred to the Guide’s publication in an article in the Law Society Gazette, and discussed the Guide in a short video on LinkedIn.

A sister guide for Scotland is linked to on the same website, and a Welsh language version of the Wales chapter is also available.

If MPs or caseworkers would like additional hard copies sent to them, they can email [email protected]

JustUs

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JustUs advocates for people when they’re homeless to access the statutory support they are eligible for.

They currently offer training via Zoom on Homelessness Law aimed at new and experienced front line workers and volunteers as well as managers of services that regularly have contact with homeless people.  The course provides:

  • An awareness and basic understanding of Homelessness Legislation.
  • An understanding of the legal definitions of homelessness, priority need, intentional homelessness and local connection.
  • The information needed to know when a homeless application is appropriate.
  • A practical understanding of how to help someone make a strong application for housing assistance.
  • An awareness of other statutory help relevant to homeless people.

Please see their website for details of how to book: http://www.justus.org.uk/

How Laws Are Made

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One of Parliament’s main roles is debating and passing laws,  and Parliament’s public website has an excellent guide to the process, describing all the different types of Bills and Secondary Legislation.

You can find the guide here: https://www.parliament.uk/about/how/laws/