Standard Terms of Business in Employment Disputes
To be eligible to access legal support in any matter relating to your employment:
There is a wait period of two weeks from your date of joining (in the event of any dispute as to this date, it will be determined the ‘Date Joined’ held on our database). The IPA will not cover:
- Pre-existing employment disputes; or
- Any dispute which the member could reasonably have foreseen was about to arise at the point of joining.
To be eligible for assistance in a disputed matter requiring us to lodge a claim on your behalf:
- You must be a Full member of the IPA.
- You must have paid all your subscriptions to date and continue to pay your subscription for the duration of your case.
- You must not have instructed solicitors to act on your behalf.
General points in respect of representation in employment disputes:
- We will provide support, advice, assistance and representation all the time that we believe the case has reasonable prospects of success. This will be determined by the IPA at its discretion. In the event that the determination is disputed, you may appeal to the Chairman of the Executive Council, whose decision will be final.
- Support, advice, assistance and representation in discipline/grievance/capability cases will not automatically result in the IPA advancing your case to a tribunal or court in the event of an unfavourable outcome.
- If matters come to light which were not disclosed to us initially, or any fact comes to our attention that changes our view on the case or your eligibility to receive help, we reserve the right to withdraw legal help.
- Should you fail to follow legal advice, or do not co-operate in your case, we reserve the right to withdraw legal help, and notify your employer and/or the tribunal/court accordingly.
- Pre-existing employment issues (including grievance/discipline/capability) at the date your membership commences, or falling within the two week wait period will not be covered by the IPA.
Where your employment dispute proceeds to an Employment Tribunal or Court:
- The IPA’s total liability for any employment dispute is £30,000. This includes staff time, expert reports (where necessary) and Counsel’s opinion or attendance (where necessary). Not every case will require expert reports or the involvement of Counsel. The cost of medical reports and/or treatment remain the responsibility of the member.
- In the unlikely event that a costs order is made against you, the IPA’s liability will not exceed the £30,000 per claim. Any amounts incurred over and above £30,000 will be the sole liability of the IPA member. By signing these Terms of Business, you acknowledge and accept that you will be responsible for any costs, however they arise in relation to your case over £30,000.
- Substantive work or representation will not be undertaken until a signed copy of these Terms of Business has been received by the IPA office and acknowledged by the Legal Department.
- We may, at our discretion, continue to provide legal services in the event that £30,000 is reached, subject to Executive Council approval, and agreeing with you the terms upon which we will undertake further work.
- In some cases, it may be appropriate for us to reserve the right to recover a proportion of our fees and costs at the conclusion of your case. If applicable, this will be agreed with you prior to lodging a claim form (ET1 or equivalent) in the tribunal or court.
Whilst we will always use our best endeavours to communicate with members when we are made aware of airline specific issues, members are responsible for ensuring that we hold an accurate record of their employer, postal address, telephone number and current email address which would be the first point of contact.
We require express authority to act for each member in any dispute. You must contact us as soon as you are aware of an employment issue. Failure to do so could result in us not being able to represent you.