I am a Care Worker/Employee

TERMS AND CONDITIONS OF CARE WORKERS TRADE UNION MEMBERSHIP

Welcome to the Care Workers Union (CWU). By subscribing to membership, you agree to the following terms and conditions, which govern your relationship with CWU and outline the services, responsibilities, and procedures applicable to members.

1. Membership and Eligibility

1.1. Membership is open only to individuals who are care workers and support workers actively employed in the care industry.

1.2. To subscribe, members must:

• Be at least 18 years old.
• Provide two forms of ID (e.g., passport, driving license) and two proofs of address (e.g., utility bill, bank statement) as per the UK Government’s Proof of Identity Checklist.

1.3. Membership fees are calculated as 1% of the member’s average weekly salary annually. These fees are non-refundable under any circumstances.

1.4. Cancellation of membership requires a minimum of three months’ written notice submitted to admin@careworkersunion.org.

1.5. Only yearly subscribed members are eligible for representation. Members paying weekly or monthly subscriptions are not entitled to legal support or representation until they switch to an annual subscription.

1.6. Members must maintain active subscriptions to continue availing CWU services and benefits.

1.7. The role of the union in representing the care worker will terminate immediately upon the termination of the care worker’s employment with their employer, regardless of the reason for termination.

1.8. Representation of non-members is at the union’s discretion and the charges below apply.

2. Services Provided

CWU offers the following professional support and representation services:

Initial Contact and Case Handling

• Summary of Issues: Members encountering workplace disputes must email a summary of their issue to admin@careworkersunion.org. The summary should include:
  • Employer’s name and contact details.
  • A timeline of events.
  • Any relevant supporting documents.
• Urgency: For urgent matters requiring action within five working days, mark the email subject line as “URGENT.”
• Response: A representative will contact the member within five working days to discuss the next steps.

Pre-Hearing Services

• Investigation Report Requests: Drafting letters to request reports from employers (£10 per request).
• Representation Letters: Drafting letters requesting hearing representation (£10 per letter).
• Hearing Preparation Conference: Comprehensive case review and preparation session (£50 per session).
• Witness Statement Drafting: Full drafting of witness statements (£150 per statement).
• Document Review and Argument Drafting: Professional review of documents and preparation of legal arguments (£40 per review).

Hearing Representation

• Representation Fee: £50 for the first hour; £150 for each additional hour.
• Minute Taking: Documentation of hearing proceedings at £50 for the first hour; £150 per additional hour.
• Minute Review and Feedback: Comprehensive review and feedback on hearing minutes (£40 per review).

Appeals Process

• Appeal Consultation: Strategy session for appeal preparation (£50 per session).
• Grounds of Appeal Drafting: Formal drafting of appeal grounds (£150 per draft).
• Witness Statement Drafting (Appeal): Tailored witness statements for appeals (£150 per statement).
• Appeal Hearing Representation Fee: £50 for the first hour; £150 for each additional hour.

3. Fees and Additional Costs

3.1. Document Handling:

• Preparation: £50 per hour for itemisation and organisation of case documents.
• Unitisation Fee: £0.20 per document for processing and categorisation.

3.2. Telephone Charges:

• Incoming Calls: £2 per minute.
• Outgoing Calls: £1 per minute.

3.3. Other Services:

• Document Submission: Members must submit clear, scanned, and arranged documents. Charges may apply if CWU arranges and prepares documents.
• Urgent Requests: Additional fees may apply for expedited services.

4. Member Responsibilities

4.1. Members are required to:

• Maintain an active membership by paying annual fees.
• Cooperate fully with CWU representatives, providing accurate and timely documentation and information.
• Submit all documents electronically to admin@careworkersunion.org in high-quality scanned formats, arranged chronologically and free of duplicates.
• Use email as the primary communication channel.
• Obtain and maintain contents insurance that includes legal cover for employment law disputes.

4.2. Failure to meet these responsibilities may result in suspension or termination of membership and associated services.

5. Representation and Hearing Support

5.1. Members requesting representation must:

• Be yearly subscribed members in good standing.
• Ensure all relevant documentation is submitted before hearings.

5.2. Hearing Attendance:

• Representation is typically conducted remotely to reduce costs.
• In-person representation is available upon request and may incur additional travel and accommodation costs.

5.3. Post-Hearing:

• CWU representatives will conduct a follow-up call to discuss hearing outcomes and provide guidance on next steps, including potential appeals.

6. Withdrawal and Cancellation

6.1. Members may cancel their membership by providing three months’ written notice via email to admin@careworkersunion.org.

6.2. Any work completed prior to cancellation will be billed at the rates outlined in these terms.

6.3. Membership fees already paid are non-refundable, including in cases of cancellation.

7. Privacy and Data Protection

7.1. CWU complies with the General Data Protection Regulation (GDPR). Members’ personal data will only be processed for the purpose of providing CWU services and benefits.

7.2. Members’ personal data will not be shared with third parties without explicit consent unless required by law.

7.3. For inquiries or complaints regarding data privacy, members may email admin@careworkersunion.org.

8. Liability

8.1. CWU does not exclude liability for:

• Fraudulent acts or omissions.
• Death or personal injury caused by negligence.

8.2. CWU is not liable for:

• Losses that were not reasonably foreseeable at the time of the contract.
• Business-related losses incurred by members.

9. Dispute Resolution

9.1. The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations between their appointed representatives who have the authority to settle such disputes.

9.2. If negotiations under Sub-Clause 9.1 do not resolve the matter within 14 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through the agreed Alternative Dispute Resolution (“ADR”) procedure.

9.3. If the ADR procedure under Sub-Clause 9.2 does not resolve the matter within 14 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute shall be referred to the Centre for Alternative Dispute Resolution at Cambridge Innovation Park by either Party for arbitration.

9.4. The seat of the arbitration under Sub-Clause 9.3 shall be England and Wales. The arbitration shall be governed by the Arbitration Act 1996 and Rules of the Centre for Alternative Dispute Resolution. In the event that the Parties are unable to agree on the arbitrator(s), either Party may, upon giving written notice to the other Party, apply to the President or Deputy President of the Centre for Alternative Dispute Resolution for the time being for the appointment of an arbitrator or arbitrators and for any decision on rules that may be required.

9.5. Nothing in this Clause 9 shall prohibit either Party or its affiliates from applying to a court for interim injunctive relief.

9.6. The Parties hereby agree that the decision and outcome of the final method of dispute resolution under this Clause 9 shall be final and binding on both Parties.

10. Changes to Terms

10.1. CWU reserves the right to update these terms and conditions. Members will be notified of any changes via email or the CWU website.

By subscribing to CWU, you acknowledge and agree to these terms and conditions.

For further assistance, contact admin@careworkersunion.org.