Northern Ireland The independent scheme for Asda colleagues and families offering legal assistance, representation and advice.

Transcription

1 The independent scheme for Asda colleagues and families offering legal assistance, representation and advice. For all Colleagues and their families Lines operate Monday to Friday 9.00am to 5.00pm

2 Contents Welcome to Lawclub - 3 How can I use Lawclub -? 3 What do I get as a member of Lawclub -? 4 How do I make a claim? 5 Your insurance policy 6-7 What do I do if I m not happy with the service? 8 For all Colleagues and their families Wal-Mart ID Number 2

3 Welcome to Lawclub -! You ve joined an exclusive scheme for colleagues and their families which gives you access to a legal professional by telephone, in addition to insurance against your legal costs if: 1. You have an injury and want to seek compensation. 2. You have an employment problem and want to take action against your employer or someone wants to take action against you. Lawclub - NI is a confidential legal service. Lawclub NI is provided by C&H Jefferson Solicitors in conjunction with Abbey Legal Protection. Asda will not be told of any discussions or claims without your permission. If you want to speak to someone in Asda about the scheme or how it works you can talk to your Store People Service Manager. By the way.. Any time we say you in this booklet, we mean you, your spouse or partner who normally live with you, any children (under 21), and parents who live with you as well. Lawclub - NI is a benefit for your whole family. How much does it cost? Membership is free until 31st December 2010, or for the first 6 pay periods of your employment. From 31st December 2010 membership will be just 10p per week (the same price as 2000), which will be deducted direct from your salary. If you no longer wish to be a member of Lawclub - NI after 31st December 2010, please contact your People Service Manager. How can I use Lawclub -? It s easy. On the front cover of this booklet is your membership card containing the contact number. Just pop out the card and keep it in your purse or wallet. Simply ring the number on your membership card and quote your Wal-Mart number (there s a space on the back of your card to write your Wal-Mart ID number so that you can have it with you all the time). You can call Lawclub - NI general advice Helpline at any time during normal office hours. Lines operate Monday to Friday 9.00am to 5.00 pm Lawclub is your scheme. It s independent and entirely confidential. 3

4 What do I get as a member of Lawclub -? Legal Advice When you phone the Lawclub - NI Legal Helpline you will be put through to a fully qualified solicitor or barrister who will give you and your family advice on any legal matter, from advice on hire purchase agreements to neighbour disputes. Employment Advice and Insurance against your legal costs You and your family also have access to a specialist employment legal team. They will: Advise you on your and your employer s rights, giving you immediate support to help you resolve problems or concerns about your job. If they feel you have a strong case against your employer, they will send you a claim form with a view to helping you take your employer to an employment tribunal. Pay the costs of running your case provided that it continues to have a reasonable prospect of success. If you are facing disciplinary action or redundancy, if you have been dismissed, discriminated against, bullied, unfairly treated at work or named as a respondent in an employment tribunal or are concerned about any aspect of your job you should call the Lawclub - NI Helpline for confidential advice. IMPORTANT: If you have an existing employment problem that arose before you became a Lawclub - NI member you will not be eligible for employment insurance for that problem, but you can still get advice from Lawclub s - NI employment experts. Personal Injury Compensation Recovery Service The term personal injury covers a broad spectrum of injuries and accidents, for example, injuries sustained in a road traffic accident, an accident at work, slipping or tripping in a public place, product liability injuries etc. The law says that if you suffer an injury and it is someone else's fault they must compensate you. Companies, vehicle owners and councils all insure themselves against this happening. The side that loses will usually have to pay the winner's costs. If you or our family have suffered an injury - either in or out of the work place - and you believe that you may be entitled to compensation consult the Lawclub - NI Helpline. Lawclub - NI gives you access to a specialist team of legal professionals to advise on your rights and to take legal action against the other the other party, provided that you have a strong enough case. Lawclub - NI will make sure that you have no legal costs, whether you win or lose your case, by agreeing with the legal professional that represents you that they will not be paid if you lose. If you have had an injury before you joined Lawclub - NI your case may still be considered. You should phone the Lawclub - NI Helpline for details. 4

5 Extra benefits House Conveyancing Discounted fees for residential property conveyancing, in, are available on enquiry. How do I make a claim? If you are subject to disciplinary action, have been selected for redundancy or feel that you have been discriminated against or unfairly treated and wish to take action against your employer or you are named as a respondent in an employment tribunal action you should phone the Lawclub - NI Helpline on They will: Advise you of your and your employer's rights, giving you immediate support to help you resolve your problems. If they feel you have a strong case against your employer, they will send you a claim form with a view to helping you to take legal action by taking your employer to an employment tribunal. Pay the costs of running your case provided that it continues to have a reasonable prospect of success. IMPORTANT: If you have an existing employment problem that arose before you became a Lawclub - NI member you will not be eligible for employment insurance for that problem, but you can still get advice from Lawclub s - NI employment experts. Personal Injury If you or one of you family have had an accident you should phone the Lawclub - NI Helpline on They will ask you how the injury came about and make an initial assessment of your ability to claim against the other party. If Lawclub - NI feel that you have a strong case they will send you a claim form and an explanatory note on the process of claiming. If your case is accepted, you will not have to pay any legal or insurance costs to conduct. You will get a commitment from Lawclub - NI that you will not have to pay any legal or insurance costs to conduct your case on condition that you comply with the Terms and Conditions of the scheme. IMPORTANT: Lawclub - NI will not take on all cases, for example if your injury is due to a doctor's negligence, if it concerns stress related problems or if it is part of an action taken with other people (unless it is relating to members of your family and friends, e.g. a car accident involving more than one person). 5

6 Your Insurance Policy This is a copy of the insurance policy. If You are unsure of the meaning or intent of any part of the policy You can contact the solicitors who operate the policy who will explain it to You: C&H Jefferson Solicitors Lawclub - NI and C&H Jefferson solicitors have arranged legal expenses insurance for You and Your immediate family to enforce some of Your legal rights. The insurer is Brit Insurance Ltd and it is administered by Abbey Legal Protection. Insurance Agreement The application form or any information supplied by You forms part of this Insurance Agreement. This insurance only covers claims, which You tell Insurers about during the Period of Insurance. It will not cover situations, which You knew about before joining Lawclub. It is vital to tell Us as soon as You are aware of any claim or potential claim. All claims will initially be handled and vetted by the above solicitors. The meaning of words used in this Insurance Agreement Legal Costs Any costs incurred reasonably by Your Lawyer with Our prior written agreement and any costs which You are ordered to pay to the other party in connection with Your legal dispute. Particular Claim All claims that are connected with a particular situation or set of circumstances. Period of Insurance The period of time that You are a member of Lawclub - NI and continue to pay Your premium to Us. We/Our/Us Abbey Legal Protection, a trading division of Abbey Protection Group Limited, who act on behalf of Insurers. You/Your The member of Lawclub - NI, their children under 21 years old, and their parents, only if they live with the Lawclub - NI member. Your Lawyer The Solicitor who is appointed to act for You in accordance with the terms of this insurance. Personal Injury Any bodily injury caused by the negligence of a third party excluding: 1. Medical Negligence. 2. Psychological Injury. 3. Psychiatric injury. The Insurer Brit Insurance Ltd subscribing to Contract No. ALP002. 6

7 What is Covered Employment The Insurer will pay Your Legal Costs for this Particular Claim to: 1) Pursue Your employer in the Employment Tribunal for compensation if they have dismissed You or discriminated against You or made You redundant or You think they have treated You unfairly, or 2) Defend You if You are named as a respondent in an Employment Tribunal case provided You acted within the course of Your employment. provided that: Your claim for compensation will be made in England, Wales, Scotland or You tell Us about Your Claim during Your Period of Insurance. You tell Us immediately You become aware that You are dismissed, discriminated against, made redundant, You think they have treated you unfairly or are named as a respondent in an Employment Tribunal. Your Lawyer and we think there are reasonable prospects of You recovering damages, compensation, or getting Your job back or defending Your position. Insurers will NOT pay: Your Legal Costs in excess of 75,000 for this Particular Claim, Costs which We have not already agreed to in writing. Personal Injury The Insurer will pay Your Legal Costs for this Particular Claim to pursue any other person who has caused You a Personal Injury provided that: Your claim for compensation will be made in Scotland or. (if Your claim for compensation is to be made in England or Wales You will be issued with a separate insurance contract) You tell Us about Your Claim during Your Period of Insurance You tell Us immediately You become aware that You suffer a Personal Injury. We and Your Lawyer think there are reasonable prospects of You recovering damages or compensation. Insurers will NOT pay: Your Legal Costs in excess of 75,000 for this Particular Claim. Costs which We have not already agreed to in writing. Costs for defending You in any claim. What is Not Covered 1. Any situations which You knew about before joining Lawclub. 2. Any claim for which You have some other insurance which would cover You. 3. Any claim which is caused by Your own negligent actions or negligent failure to take action. 4. Any fines, penalties or compensation You are ordered to pay. 5. Any claim against The Insurer, Us or Your Lawyer. 6. Any claim for Judicial Review. 7. Any claim caused by a failure of a computer. 8. Any claim which happens because of seepage or pollution or ionising radiation or nuclear fuel or waste. Conditions which apply to the whole Policy IMPORTANT: If You have an existing employment problem before You became a member of Lawclub - NI - You will not be eligible for employment insurance for that problem, but You can still get advice from Lawclub s - NI employment experts. How to make a claim You must tell Us immediately You have a claim or are aware of circumstances that may lead to a claim. When You have told Us about a claim We will treat any subsequent legal action from those circumstances as part of the same claim. To make a claim You must call the Lawclub They will send You a form, which You should complete and return as soon as possible. When will we agree to a claim? We will not pay any of Your Legal Costs, which We have not already agreed to in writing. We will give Our agreement in writing: When You have told us about Your claim and given Your Lawyer enough information to understand it. Your Lawyer and we think that there are reasonable prospects of You getting compensation, damages or Your job back or reasonable prospects of defending Your position. We may withdraw Our agreement if Your Lawyer and We subsequently think there are no longer reasonable prospects of winning Your case. If We do withdraw our agreement We Will pay Your Legal Costs up to that time within the terms and conditions of the scheme. We may also withdraw our agreement if You act unreasonably or do not do what Your Lawyer and We ask You to. In all cases We will tell Your Lawyer in writing whether we have agreed to Your claim or not. Choosing Your Lawyer If We agree to start legal proceedings and it becomes mandatory for You to instruct a lawyer You are free to choose that lawyer. Until that time all claims will be handled by C&H Jefferson Solicitors on Your behalf or any other firm of Solicitors they recommend. What You MUST do during the claim - You must comply with all the terms of the Insurance Agreement. - You must provide Your Lawyer with all information they ask for and help them when asked. You must sign all documents that they ask You to sign; turn up for all examinations they ask You to attend and attend court when they ask You to. - You must allow Your Lawyer to disclose all information about Your claim to Us when we ask for it. - You must not agree with Your Lawyer the amount of their fees without agreeing this with Us first. - You must tell Us of any offer from the other party to Your legal dispute to settle Your claim. You must get Our agreement before either accepting, refusing or making any offer to settle. - If You want to make an appeal against a decision of the court on a claim to which We had agreed to, We will have to agree to that appeal before it starts. - You must make every effort to keep the Legal Costs as low as possible during the claim. - If You make a claim which You know to be false no Legal Costs will be paid and any that had been paid will have to be repaid to Us. 7

8 What Do I Do If I m Not Happy With The Service? If You are not happy with the level of service You receive from Lawclub - NI, You can contact Abbey Legal Protection: In the first instance please write to: Customer Services Manager Abbey Legal Protection 2-5 Minories House Minories London EC3N 1BJ Abbey Legal Protection is authorised and regulated by the Financial Services Authority. In the event that the You remain dissatisfied and wish to pursue matter further You are able to refer the matter to the Financial Ombudsman Service. Their details are as follows: Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR Helpline: Tel: FINANCIAL SERVICES COMPENSATION SCHEME In the event the Insurer fails to meet its obligations You may be eligible for compensation from the Financial Services Compensation Scheme. If You decide that You want to sue the Insurers the law governing this insurance agreement shall be the laws of England and Wales. Who runs the Lawclub service? Abbey Legal Protection Abbey are one of the leading legal services and insurance providers in the country. They provide the 24hr helpline and insurance for any legal costs incurred in the pursuit of employment or personal injury cases. C&H Jefferson Solicitors C&H Jefferson was established in 1898 and is now one of the largest legal practices in. Their office has always been located in Belfast City Centre from where they have established a reputation as one of the leading law practices in. This procedure will not prejudice Your rights to take legal proceedings 8 Consumables number