PROTOCOL FOR CONTACTING THE LEGAL ADVICE LINE
1. Redundancies
At the beginning of any proposed redundancies and prior to any announcement or consultation, you should complete the DAS Redundancy Approval Checklist. This can be found in the DAS Employment Manual on the DAS website – www.das.co.uk. This should then be forwarded to the DAS Claims Department either by post: DAS Claims Bristol BS1 6NH or email: newclaims@das.co.uk or fax: 0117 934 2007
(a) Grievances If you receive any communication from an employee, either written or verbal expressing dissatisfaction. However, the correspondence does not need to expressly state that it is a grievance. (b) Disciplinaries Where a conduct or performance issue has arisen either prior to or immediately after the investigation into the allegation. However, employers are under an obligation to deal with matters as soon as is reasonably possible. (c) Long term sickness/Persistent intermittent absences Once an employee has been absent for two months. However, if the employee is absent due to stress/ anxiety/depression the advice line should be contacted immediately. (d) Changes to contracts of employment Where the variation(s) are fundamental (for example, salary, holidays, job description, hours of work) prior to any discussion with the employee. (e) Retirement At least six months prior to any proposed retirement.
DAS Procedure for Claims, Redundancy Approval and Legal Advice
2. Discrimination questionnaires
On receipt of a formal discrimination questionnaire (for example, alleging race or disability discrimination) this should be forwarded immediately to the DAS Claims Department quoting your insurance details. This should not be completed by you.
3. Contacting the advice line
The legal advice line may be contacted with regard to any legal issue you may have. Obviously some employers have much more experience of dealing with HR issues than others but we would suggest you consider contacting the advice line in the following circumstances:
DAS Legal Expenses Insurance Company Limited is authorised and regulated by the Financial Services Authority.
Procedure/June DAS4415/2008
REDUNDANCY APPROVAL CHECKLIST PROCEDURE
Redundancy checklist completed by you.
LEGAL ADVICE PROCEDURE
CLAIMS PROCEDURE - OVERVIEW
im w Cla
You can email / post / fax / phone the details of your claim and insurance policy.
Ne
Call received into DAS. Basic details are recorded and a call back arranged. Within the hour a legal advisor will call you to discuss the problem. In the vast majority of cases full legal advice will be given in the call. However, the legal advisor may need to:
Within 24 hours of receipt, your claim details will be passed to a senior claims handler.
ck Che
list
Email, post or fax the completed checklist to DAS.
Within 24 hours DAS will check that you have the appropriate cover on your policy and that specific exclusions do not apply.
Claim valid?
Arrange to outsource Scottish, European or tax advice to more appropriate person and arrange for you to be called back.
Research the problem and arrange to call you back. Decline the advice if the matter is too complex for telephone assistance.
Within 5 business days a senior claims handler will check that your claim falls within the scope and terms of your policy. NB. This may require requests for further information. Claim Valid?
No Yes
No
Yes
If an exclusion applies eg. waiting periods or you don’t have redundancy approval cover on your policy, DAS will contact you to explain our decision. You may contact our legal advice line for telephone assistance.
Your checklist is accepted by DAS and will be sent to an appropriate panel solicitor.
If the Legal Advisor believes that your problem may constitute a claim, the details will be passed to the claims department for assessment under your insurance policy.
Your claim will be declined by DAS and we will contact you to explain our decision.
DAS will appoint an appropriately qualified person or firm of solicitors to assess the legal merits of your claim. The solicitor will contact and represent you in your claim provided that it continues to remain within the scope of your insurance policy.
Within 2 business days the solicitor will contact you and will provide you with legal advice to guide you through the proposed redundancy(ies).
NB. On occasion as a claim proceeds details can come to light which may affect the validity of your claim. Should this occur DAS will notify you immediately.