LEGAL ASSISTANCE FOR CONTRACTUAL DISPUTES
Contractual/employment disputes between Players and Clubs
1. Any Member who requires legal help or assistance with a contractual/employment dispute with their Club must notify PFAS Head Office as soon as possible.
The Chief Executive will have the right to determine whether a Member’s case is referred to the Union Solicitor’s or other Union Representative. The Chief Executive’s decision in this matter will be final and not open to any right of appeal.
1.1 If the Chief Executive decides that the Member’s case is to be referred to Union’s Solicitors, then he will provide sanction for either a 30 Minute Legal Telephone Consultation or a 1 hour Legal Consultation Meeting.
This scheme will be used for cases of a more complex legal nature and will involve the Union paying for the legal costs of the Member attending a 1 hour Legal Consultation Meeting with a Specialist Employment Law Solicitor.
1.2 In the vast majority of cases, the Union will not meet any further legal costs of the member beyond those outlined at Rule 1.1. If a Member wishes to pursue the matter further with the assistance of a Solicitor, including the Union’s Solicitors, then he will be liable for all legal costs incurred. If the Member elects to instruct the Union’s Solicitors then he will qualify for a 15% reduction on the Union’s Solicitors normal hourly charge out rates.
1.3 In cases of a highly exceptional nature, the Chief Executive may sanction the use of Union resources to fund/part fund the legal costs of a Member. The amount of the Union’s contribution will be a matter entirely for the discretion of the Chief Executive whose decision will be final and not open to any right of Appeal.
1.4 Legal Assistance will generally on be sanctioned if, at the time of his application, the Member is a Full Financial Member* of the Union. The Chief Executive will have the discretion to grant Legal Assistance to Members falling out with the definition of Full Financial Member status provided certain conditions are satisfied by the Member.
1.5 If the Chief Executive decides to grant a Member Legal Assistance under Rule 1.1 or 1.3 then the Member must adhere to all conditions imposed by the Union and in particular must do the following;
a) Continue to be a member of the Union and pay full Union contributions for the duration of his case/claim,
b) Accept and follow the advice of the Solicitor, and
c) Co-operate fully at all times with the Solicitor and in particular;
1.6 If a Member fails to adhere to any of the conditions outlined above, or deliberately gives misleading information to the Solicitor or any Expert involved in his case, then the Union reserves the right to withdraw Legal Assistance. If this occurs, the Member will not be entitled to any indemnity for the legal costs incurred during his claim. The Union will also be entitled to recover from the Member any legal costs it has incurred.
1.7 The Union will not provide Legal Assistance for a claim against the Union or any of its officials or employees, in their capacity as such.
1.8 Generally speaking, the Union will only provide Legal Assistance to a Member involved in a contractual/legal dispute with his Club. See Rule 2 below for assistance with other legal disputes/issues.
1.9 The Chief Executive will make the final decision on all applications for Legal Assistance under this Rule with no right of Appeal.
2. Discounted Legal Rates (excluding contractual/employment disputes between players and clubs)
2. As part of an arrangement with Bridge Litigation Solicitors, PFAS Members, their immediate family members, and friends, will be entitled to discounted rates for legal advice/assistance with the other legal matters by contacting PFAS Legal.
* Full Financial Member – is a Member who has been a Member for at least 6 months and has paid the Full Rate contributions that period.