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DLP Charity 100 Terms and Conditions

1. Definitions

1.1 “DLP” means DLP (UK) Limited of Europa House, Barcroft Street, Bury, BL9 5BT.

1.2 “The Client” means the Charity, company, organisation or business provided during the checkout process.

1.3 “DLP Advisor” means the assigned Advisor who shall provide advice to the Client.

1.4 Additional Services means the services set out below in clause 2 for which additional fees may be charged.

2. Subsidised Funding

2.1 This project is subsidised and therefore partially funded by a number of corporate donors. The charitable purpose of the Funding requirement is “to support and help Registered Charities who require employment law help and assistance to further their own business aims and who are financially unable to budget these currently, or, are actively looking to reduce their current cost or service provision”.

3. Services

3.1 In consideration of the fees set out overleaf, DLP will provide to the Client the service of an “Employment Law Helpline”. This service is available during office hours, by email or phone, to the named personnel overleaf only. The service can be used to assist with HR issues, HR decision making, strategy, wording of letters, telephone assistance, or any other matters related to employees for which employment law advice is sought. All advice is commercial and bespoke.

3.2  DLP will endeavour, wherever possible, to provide email confirmations of advice given and its sole discretion reserves the right to offer an alternative DLP Advisor (ie Tribunal department) to the Client for whatever reason.

3.3  Additional services available to ‘add on’ to this service include employee insurance, OH reports and assessments, HR audits, visits and reviews on site and appeal management.

4. Payment and Duration

4.1 This contract will commence on the date overleaf and will last for a period of one year less one day from that date. There is no automatic renewal.

4.2  The Client will pay the entire contract fee at the start of the contract. This project attracts partial Funding which does not affect or alter the Client’s liability or fees.

4.3  In the event that Funding is not available or received for any reason DLP accept the risk and to cover any shortfall so that the service will not be withdrawn.

4.4  The service will only start once payment of the Client’s fees have been made and are cleared.

4.5  DLP reserves the right to cease this service if it believes the Client is not being honest, has misled, withheld information or is using the service to the benefit of other organisations or is abusing the service or its Funding.

4.6  The Client shall have the right to terminate this contract on any reason at any time, or to not use the service any longer, but shall not be entitled to recover the cost of the contract.

5. Representation at Tribunals and Insurance Services

This section applies only if insurance is taken out with the helpline service

5.1 DLP will provide the Client with insurance against any claim brought in the Employment Tribunal by any previous, current or potential employee or worker that arises out of or relates to a contract of employment or a breach of employment or discrimination legislation.

5.2  Such insurance will provide cover in respect of all claims or legal proceedings. In the case of a claim concerning redundancy, each redundancy shall be regarded as a separate and individual event.

5.3  Such insurance will provide cover in respect of any award made by a Tribunal or Employment Appeal Tribunal or a superior court. It may also cover any settlement agreed as a result of conciliation proceedings and to which underwriters agree other than punitive awards, protective awards under section 192 of the Trade Union and Labour Relations Act 1992, any award made under Transfer of Undertaking Regulations (Protection of Employment) 1981, any Interim Relief as defined by section 130 and quantified in section 132 of Employment Rights Act 1996, any monies due under a contract of employment including monies by reason of holidays, wages, bonus, Equal Pay Acts 1970 (or as repealed) or unlawful action short of dismissal, any award for failure to provide written reason for termination, or any award against the insured Client in respect of monies due under any pension scheme or arrangement.

5.4  Insurance cover is provided subject to there being reasonable prospects of success of a satisfactory outcome, and legal advice from the DLP helpline being followed. Should either of these conditions change during the case then cover may be withdrawn.

5.5  The limit of indemnity pursuant to the insurance is £100,000 per year of cover per insured per annum. Policy endorsements include actions giving rise to claim occurring within 90 days of the Client’s commencement date and specific approval being required for a wage roll in excess of £10m.

5.6  The insurance will not provide cover for the following:

5.6.1 Issues/incidents arising prior to commencement of this contract.

5.6.2  Any claim for damage to property or personal injury.

5.6.3  Any incident where there has been a failure to follow any advice provided by DLP, the DLP Advisor or any other agent or Advisor of DLP.

5.6.4  A failure to consult DLP immediately upon becoming aware of a dispute or potential dispute or receipt of Tribunal papers or where the Client has failed to heed the written advice of DLP.

5.6.5  Any dismissal carried out not in accordance with the guidelines laid down in the current edition of the Code of Practice 1 as prepared by ACAS.

5.7  Any Tribunal proceedings in respect of which the Client is named as a Respondent will immediately be referred to DLP’s Tribunal Department subject to the Client providing the relevant documentation.

5.8  DLP will be entitled to charge the Client for any work carried out by its Tribunal Department at the rate of £220.00 per hour plus VAT together with any disbursements or other expenses. If it is necessary for any staff or other representative of DLP to be in attendance at any Tribunal or court hearing, DLP shall be entitled to charge the Client for such attendance at the rate of £220.00 per hour plus VAT.

5.9  The Client shall also be responsible for the payment of any disbursements or out of pocket expenses incurred for any Tribunal proceedings or Employment Appeal Tribunal proceedings or any court proceedings, in particular Counsel’s fees (or the fees of any other advocate or representative) if the Client wishes to have a more senior advocate or this is advised by DLP.

5.10  DLP shall have the right to advise the Client and insist that in respect of any hearing it is appropriate that Counsel is instructed and that DLP shall be entitled to refuse to represent the Client at any such hearing if the Client, contrary to such advice, is not prepared to allow Counsel to be instructed or fails to provide monies on account as agreed.

5.11  DLP will endeavour to recover (pursuant to the insurance) and understand insurance is designed to indemnify the Client in respect of such fees. However, if the insurance is invalidated for any reason the Client will pay to DLP any balance due of such fees including any outstanding disbursements.

6. Confidentiality

6.1 DLP confirm that all information, data, advice, salaries and issues that are not contained in the public domain shall remain private and confidential and that the practice of secure waste is used at DLP premises. DLP expect that its documents and advice to be kept confidential and used only for the Client by the Client. Information or advice may not be lent, borrowed, copied or used by any other person or company or organisation without the express authorisation of a director of DLP. In such a case DLP reserve the right to bring a claim for breach against the Client.

7. Complaint Procedure

In the event you have any issue with any part of your DLP service you must, in the first instance, contact a DLP Director who will attempt to deal with the issue as quickly and satisfactory as possible.