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  • FIRST POST
    • c-j-h
    • By c-j-h 7th Sep 17, 11:16 PM
    • 23Posts
    • 4Thanks
    c-j-h
    Has anybody taken legal action against their employer
    • #1
    • 7th Sep 17, 11:16 PM
    Has anybody taken legal action against their employer 7th Sep 17 at 11:16 PM
    Hello,

    I am a Software Engineer for a tech company. I am not a member of a union and there is not a union.

    I feel that I was misled for a number of months about promotion but for it to be ultimately indicated I was too young. I resigned and left and also left a bunch of share options behind.

    I am thinking to sue them to reclaim the lost share options. I had every intention in staying in the company until the options vested but when I ended up getting messed around I decided to leave.

    Has anybody ever sued their employer and what was it like? Did you through ACAS/Employment Tribunal? Did you use a solicitor or represent yourself?

    Do you think it has made you "unemployable" .. ?

    Many thanks
Page 1
    • gettingtheresometime
    • By gettingtheresometime 7th Sep 17, 11:17 PM
    • 3,057 Posts
    • 7,062 Thanks
    gettingtheresometime
    • #2
    • 7th Sep 17, 11:17 PM
    • #2
    • 7th Sep 17, 11:17 PM
    I think you're on a hiding to nothing.
    Lloyds OD / Natwest OD / PO CC / Wescott / Argos Card cleared thanks to the 1 debt v 100 day challenge


    Next on the list - JD Williams
    • c-j-h
    • By c-j-h 7th Sep 17, 11:21 PM
    • 23 Posts
    • 4 Thanks
    c-j-h
    • #3
    • 7th Sep 17, 11:21 PM
    • #3
    • 7th Sep 17, 11:21 PM
    Don't you mean heading?

    Either way, why do say that?
    • c-j-h
    • By c-j-h 7th Sep 17, 11:27 PM
    • 23 Posts
    • 4 Thanks
    c-j-h
    • #4
    • 7th Sep 17, 11:27 PM
    • #4
    • 7th Sep 17, 11:27 PM
    Yes we'll that is exactly what happened. I didn't go into all that detail though.

    I was mainly curious about people who already sued employers.
    • ThemeOne
    • By ThemeOne 8th Sep 17, 7:42 AM
    • 1,118 Posts
    • 927 Thanks
    ThemeOne
    • #5
    • 8th Sep 17, 7:42 AM
    • #5
    • 8th Sep 17, 7:42 AM
    You can go through the details with an employment solicitor who will advise whether you have a case.

    However, even if they say you have a case, the outcome will not be certain, and it will probably take over your life and become extremely stressful.

    That's not to say don't do it, just know that the process can exact quite a toll on your sanity.

    I do feel for you over the promotion. Something similar happened to me years ago, and it feels very undermining but, as I was told at the time, there is no automatic right to a promotion.
    • sangie595
    • By sangie595 8th Sep 17, 7:44 AM
    • 4,052 Posts
    • 6,561 Thanks
    sangie595
    • #6
    • 8th Sep 17, 7:44 AM
    • #6
    • 8th Sep 17, 7:44 AM
    Yes we'll that is exactly what happened. I didn't go into all that detail though.

    I was mainly curious about people who already sued employers.
    Originally posted by c-j-h
    I do it for a living. And the saying is definitely "on a hiding to nothing". It is also the correct advice! You have no chance. None at all. Nobody is entitled to a promotion. Full stop. You left because you weren't given something you had no entitlement to. Constructive dismissal does not cover "they wouldn't promote me". Neither does discrimination.
    • agrinnall
    • By agrinnall 8th Sep 17, 8:57 AM
    • 18,543 Posts
    • 14,272 Thanks
    agrinnall
    • #7
    • 8th Sep 17, 8:57 AM
    • #7
    • 8th Sep 17, 8:57 AM
    You haven't said how long you worked there, which may have a significant bearing on what it would be possible for you to do.

    However, even if it would be possible to do something it seems like you are indeed on a hiding to nothing, and you should move on with your life and not have such a sense of entitlement in your next job.
    • FBaby
    • By FBaby 8th Sep 17, 9:03 AM
    • 16,083 Posts
    • 39,949 Thanks
    FBaby
    • #8
    • 8th Sep 17, 9:03 AM
    • #8
    • 8th Sep 17, 9:03 AM
    One essential rule to take into account when considering suing is 'can I show any evidence that I tried everything to resolve the issue with my employer'. If the answer is no, then don't bother. You didn't even try to resolve it, you walked out!
    • sangie595
    • By sangie595 8th Sep 17, 11:46 AM
    • 4,052 Posts
    • 6,561 Thanks
    sangie595
    • #9
    • 8th Sep 17, 11:46 AM
    • #9
    • 8th Sep 17, 11:46 AM
    I turn 30 next week. Just left a £71k job for a £77k role as a Software Engineer. 5 years experience.
    Originally posted by c-j-h
    Posted on another thread yesterday.

    OP hasn't sustained any loss anyway. No loss, no case.
    • seashore22
    • By seashore22 8th Sep 17, 11:59 AM
    • 695 Posts
    • 1,428 Thanks
    seashore22
    Don't you mean heading?

    Either way, why do say that?
    Originally posted by c-j-h
    No he/she means a hiding to nothing.

    http://dictionary.cambridge.org/dictionary/english/be-on-a-hiding-to-nothing
    • Malthusian
    • By Malthusian 8th Sep 17, 12:46 PM
    • 3,304 Posts
    • 5,028 Thanks
    Malthusian
    The expression is "hiding to nothing" but does not mean what I think gettingtheresometime meant by it. It does not mean "a hopeless case". It means that you have everything to lose (a hiding, i.e. a beating) and nothing to gain. E.g. when Man U plays Paulton Rovers in the FA Cup; when you are so heavily favoured that victory brings no glory and defeat means total humiliation.

    The OP does have something to gain but the odds of getting it are extremely slim based on the facts presented. "Peeing in the wind" or similar would be the expression GTST was looking for.
    • marliepanda
    • By marliepanda 8th Sep 17, 1:09 PM
    • 4,780 Posts
    • 9,634 Thanks
    marliepanda
    The expression is "hiding to nothing" but does not mean what I think gettingtheresometime meant by it. It does not mean "a hopeless case". It means that you have everything to lose (a hiding, i.e. a beating) and nothing to gain. E.g. when Man U plays Paulton Rovers in the FA Cup; when you are so heavily favoured that victory brings no glory and defeat means total humiliation.

    The OP does have something to gain but the odds of getting it are extremely slim based on the facts presented. "Peeing in the wind" or similar would be the expression GTST was looking for.
    Originally posted by Malthusian
    The internet disagrees with you...


    be on a hiding to nothing
    phrase of hiding
    1.
    BRITISH
    be unlikely to succeed, or be unlikely to gain much advantage if one does.
    "politically we are on a hiding to nothing in the long run"


    dictionary.cambridge.org/dictionary/english/be-on-a-hiding-to-nothing
    be on a hiding to nothing meaning, definition, what is be on a hiding to nothing: to be trying to do something when there is no chance that you will succeed.
    Survey Earnings 2017 - £163
    • ReadingTim
    • By ReadingTim 8th Sep 17, 1:26 PM
    • 2,154 Posts
    • 3,052 Thanks
    ReadingTim
    A share option is the option to purchase shares at a set price at a specific point in the future. At the time the option vests and becomes exercisable, if the share price is higher than the option price, you make money: eg option price £1, share price £4, profit per share £3. The option is said to be 'in the money'.

    However, if the option price is higher than the share price, you won't. eg option price £1, share price 50p - you'd lose 50p per share, so you don't exercise: why pay £1 for something which you could buy elsewhere for 50p?!? The options are said to be 'under water'.

    You left before the options became exercisable. You don't know what the share price will be when they do become exercisable, so don't know if they're in the money or under water, and you have "lost" any money/profit.

    You cant sue on the basis of 'what might have been'...Furthermore, the rules of the share scheme you are a member of will be very clear what happens to the options if you resign. They lapse. End of.
    • seashore22
    • By seashore22 8th Sep 17, 1:27 PM
    • 695 Posts
    • 1,428 Thanks
    seashore22
    The expression is "hiding to nothing" but does not mean what I think gettingtheresometime meant by it. It does not mean "a hopeless case". It means that you have everything to lose (a hiding, i.e. a beating) and nothing to gain. E.g. when Man U plays Paulton Rovers in the FA Cup; when you are so heavily favoured that victory brings no glory and defeat means total humiliation.

    The OP does have something to gain but the odds of getting it are extremely slim based on the facts presented. "Peeing in the wind" or similar would be the expression GTST was looking for.
    Originally posted by Malthusian
    That's why I posted my link. It means exactly what gettingthere meant it to.
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