Transfer of preliminary hearing

[AnotherLevel]

Surely a union can refuse to provide legal support (different to advice) when there is not a reasonable chance of success? It wouldn't make sense if they have to foot the bill for claims that are unlikely to succeed.

[mariefab]

Psychojuice, the reason that OTS can bring a claim is that, although it performs many of the usual functions of a union, the Police Federation is part of the police service and is not a union.

[psychojuice]

I think OTS knows the procedure on this best at the moment - or ACAS would be good to have a chat with - did you read the link OTS gave in post #8 ?

Yes I did, however OTS is part of the police federation, which is not a recognised union (basically as they cannot strike)!

[psychojuice]

Psychojuice, the reason that OTS can bring a claim is that, although it performs many of the usual functions of a union, the Police Federation is part of the police service and is not a union.

So how would I initiate a claim against my union? Obviously it needs to go to a mags court, but how do I initiate it? Can I do it online?

[mariefab]

Psychojuice.
You can't initiate a claim against your union just because they refuse to provide you with legal support for your discrimination claim.
The union has a responsibility to their members to decide how best to spend their funds. So if, for example, on reviewing your claim they believe that it's unlikely to succeed they are entitled to refuse legal support.

[Ots]

The case has been transferred to the Liverpool Employment Tribunal and is listed for a full hearing in April 2020. Just to summarize my case, I was convicted of a criminal offence in 2005. Because I was a serving Police Officer I was dismissed from my Force. From 2008 - 2012 through a number of subject access requests to my previous Police force, I discovered evidence that in my opinion rendered my conviction unsafe. The Police Federation provides funding for appeal against convictions for ex Officers if they were members during their service. So, I approached the Federation in 2013 and made a funding request to appeal the conviction. However, my application for funding was refused. Therefore, After writing my grounds of appeal In 2015 I applied to appeal the conviction without any legal assistance, however this failed at the Court of Appeal Criminal Division.*

My only route now was to make an application to the Criminal Case Review Commission (CCRC) to try to appeal the conviction. In 2018 I again approached the Federation to provided funding for legal advice to make an application to the CCRC. This was also refused by the Federation. Soon afterwards, a Friend informed me that the Federation had provided funding to 2 White Ex Officers for advice from a barrister to appeal their convictions via an application to the CCRC. I am mixed race (African/British). I sent the Federation a questionnaire under the equality act asking if the had funded any advice to Barristers for potential application's to the CCRC. They responded to the questionnaire, but didn't answer the CCRC funding question.

I subsequently made a claim against the federation for direct race discrimination for not funding my case, (the 2013 & 2018 funding refusals) however I was unable to point to an actual comparator as the Federation had refused to address this issue in the questionnaire.*

Prior to a preliminary hearing in June 2019, I made a witten request to the Federation for certain CCRC disclosure. They failed to answer this request. The 2013 funding claims were struck out as they were out of time. The 2018 claim was remitted for a full hearing in April 2020 on the condition that a made a deposit of £1000. The Employment Judge considered that that my allegations or arguments that I was discriminated against by the Respondent’s Head Office in respect of my request for funding had little reasonable prospect of success. During the preliminary hearing the Judge granted my application for the Federation to disclose certain information in respect of CCRC funding. The Federation failed to disclose the information, therefore I made an unless order. The Federation provided the information prior to the unless order being made and confirmed what I had been told, that they had funded 2 White Ex Officers.*

The Federation has been fully aware since July 2018 that any material in respect of any funding made in pursuant of any application or potential application to the CCRC for any member or ex member was clearly relevant to a central issue in the case. The respondent is well funded by central government and has infinite professional legal resources on hand. They have consistently and without good reason failed to provide any material in respect of CCRC funding until 1st November 2019. Following this disclosure I have asked for more information in respect of this funding, however the Federation have not responded. I have again made a request for an unless order in respect of CCRC disclosure.*

The Respondent must know that any material relating to this funding is disclosable. The Respondent appears to be attempting to disrupt the proceedings by behaving unreasonably in respect of its disclosure obligations. Taking into account, the overriding objective, that the parties should an equal footing and the equality of arms, if I am unbale to have access to material in relation to CCRC funding, I will be at a substantial disadvantage in these proceedings. This is because the applicants funded by the Respondent in respect of the CCRC applications are now potential actual comparators.

I am seeking advice of these issue:

1. Can I make some form of application to the Tribunal addressing the failure of the Federation to constantly and without good reason disclose CCRC funding with a view to have my deposit returned as I feel if I had pointed to actual comparators this would have stringed my case. Any other advice appreciated.*

Thanks

Ots


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