Employment Tribunal advice - self-representation? Help please!

touchstone

Hello, just wanted to let those of you who have been so kind during my battle with my ex-employer know that we settled before the tribunal. :beer: I'm absolutely delighted, and feel very proud to have successfully taken on a huge international law firm without a law degree!

Thanks especially to WeakHeart, who recommended a brilliant book to me. Without that and a couple of lawyer friends reading over letters and e-mails that I wrote and received, I'd have been helpless.

I'd really like to make this an example for people who are struggling in a similar situation: I nearly gave up so many times, but I'm so glad I didn't. Keep going, and come on here for support. It's so worth it when you succeed.

Thanks everyone - you're all brilliant! :T

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I wonder if anyone on this site could please help me with an Employment Tribunal issue?

In an absolute nutshell, I was made redundant late last year from a firm that I had worked at for five years. My eligibility for redundancy was due to a poor performance review (the first one I had received in all the time I’d worked at the firm and which was, in my opinion (of course!), unfairly harsh). I challenged the performance review, using the company’s internal grievance procedure, but the grievance procedure was appallingly badly handled and I was unsuccessful. After a few weeks of putting myself back together, I decided I wanted to take the matter further, but unfortunately suffered a close family bereavement at the beginning of January which unsurprisingly forced every other thought out of my head. I’m only now beginning to get my head around day-to-day life again, but I haven’t been able to find a new job, despite trying desperately.

I want to take this matter further, as I believe I have been treated unfairly. I have been in contact with ACAS and they have conducted a Pre-Claim Conciliation for me, but my previous employer has, after one conversation with ACAS, refused to discuss it any further. I realise a PCC is voluntary, so there is nothing ACAS can do, but they’ve been very helpful.

It seems my next step is to issue an ET1 form at the Employment Tribunal, but I am concerned about representing myself. My ex-employer is a huge law firm! _pale_ I have considered getting ‘no win, no fee’ representation, but my salary was so low that I don’t think I’ll find a solicitor prepared to take on the case for the small margins that they’d get if it might succeed. I’m also conscious that it isn’t a case with an obvious 100% chance of success.

Does anyone know how useful the Citizens’ Advice Bureau, or one of the free legal clinics, might be in this situation? I have knowledgeable friends, acquaintances and ex-work colleagues (not at my most recent employer!) who can offer advice, if not representation, but I feel I need some impartial counsel. I’m also conscious that I only have another couple of weeks to lodge the claim, as I was made redundant in early December.

If anyone can suggest any solutions, I would be most grateful. This is a wonderful community - I’m sure someone must have gone through something similar to me and have some helpful words of wisdom!

Thanks in advance...

WeakHeart

Sorry to hear about your situation.

Do you have any insurance policies that offer a legal helpline? May seem obvious but it often gets forgotten. Gives you access to lawyers. Even better if you have contents insurance and took out legal expenses cover as you could make a claim for representation and costs. Be aware it takes a while for an insurance claim to go through and your case to be assessed before representation is agreed so you would probably be completing your ET1 yourself.

Some solicitors offer free half hour consultations have you tried this?

Have you checked the other threads about tribunals? I'm sure that I've read one recently where someone was represented by CAB who may be able to give some help. If I find the thread I'll pm you.

Meantime because you don't have long to make your claim I really recommend that you also start to focus on getting the ET1 completed as it can take a while. At least be familiar with the form and what is needed and start to prepare a draft. You can complete and submit the ET1 online but cannot attach additional sheets so you have less time left if you would prefer to complete a hard copy and send it and any attachments by post. You can't afford to miss that deadline so make this a priority.

Whilst some cases may be 100% many are not so don't be overly concerned about that at this stage. I'm assuming ACAS felt that there was potentially a case to answer which should give you some confidence. Many people represent themselves but at least it sounds like you have a good network of contacts to provide support if needed too which is great.

Excellent book available 'Employment Tribunals, Tactics and Precedents' which is a guide for new lawyers and those choosing to represent themselves. Listed on Amazon.

Hope that this helps a little.

touchstone

Thank you, WeakHeart, that's really helpful. I shall search for that thread about CAB representation, and thanks for suggesting that most cases aren't 100% in the first place. I hope you're right about ACAS - they seemed to take me seriously, and were very encouraging about how many claims are settled before Tribunal, so fingers crossed.

Unfortunately I don't have any insurance policies that offer a legal helpline, and my contents insurance doesn't include one either. I think I'm on my own in this one!

I am very, very conscious of time trickling away, so I am trying to familiarise myself with the ET1 form and get all my papers together. I'm aiming to have a draft done by the end of the weekend/beginning of next week, and hoping to be able to take it to someone (CAB or free legal advice clinic) if I can't find a legal friend with an hour to look at it.

I'll try and get my hands on that book. Thanks very much indeed - it helps a lot, not a little!

pawpurrs

Hi there,
Sorry to hear of your situation.
Just wanted to say dont worry, it really doesnt go against you to represent yourself at tribunial I did the same last year, it really is designed to be something where people can represent themselves, if the company is a law firm and they have representation this will look favourably on you, not having representation, when the other side did, certainly went in my favour, and I won! :j

touchstone

Thank you, Pawpurrs - I'm expecting to take a battering, as they're a very aggressive law firm, but I've just ordered the book that was suggested by WeakHeart, so I shall keep going.

I'm delighted to hear you won your claim - it's given me hope in terms of self-representation!

Apolonation

Good luck I represented myself once, not to do with employment but actually in a court, and the magistrate was very friendly - surprisingly so, I also won. Obviously different but just to let you know I concur with pawpurrs.

Just be confident and engender yourself to the people on the panel. State your case, that is all you can do - I'm sure you'll do fine. Good luck may justice be on your side.

emmell

I would suggest making an appointment with CAB, they may not take your case on but if they do I would go with them.
I was represented by the CAB at my tribunal and won. I still had to stand up and speak and be questioned by a very expensive Barrister that my ex employer had hired, he never appeared at the tribunal, sent his second in command who I was very close to, but he never said anything either just whispered to the Barrister.
So the big bully man that sacked me was a coward.
Hope all goes well.
ML.

danni_bab3

hi i am currently taking my old boss to tribunal in 3 weeks time over unfair dismissal i have a solicitor as my mums ( i live with them) house insurance we didnt evan know that her house insuarance covered legal fees for anyone living in the household dont know if this is any help to you but it has definatly helped me. if you do take them to court be prepared for them to lie and make up stuff as my old employer has now made up warning letters for the courts but they should see through it good luck .

dickydonkin

Be aware it takes a while for an insurance claim to go through and your case to be assessed before representation is agreed so you would probably be completing your ET1 yourself.

Good advice.

I represented my wife last year and I did most of the groundwork, including the ET1 form.

I also had legal assistance on my home insurance, and I have to say, they were very good (Prudential) and although I cannot remember the exact timescale from claiming to having a solicitor in place, it only took a matter of days.

The insurance company asked me if I wanted to select a solicitor in my area and they explained that they would agree to any solicitor who accepted the insurers terms and conditions.

The solicitor looked at my wifes case to ensure the burden of proof was in her favour - which it was - and further down the line, the insurers obtained a very detailed report from a Barrister on the likelyhood of success - which was 70%.

Her employer actually 'paid up' one week prior to the tribunal.

The solicitor was grateful that I had retained ALL paperwork and documentation relating to the case and I put all of the stuff in chronological order and indexed everything - something that may be worth remembering if you decide to progress your claim independantly.

danni_bab3 Hope your claim is progressing well. Don't forget to keep us informed on the outcome of your case. I still cannot believe your boss is defending your claim - your solicitor will ensure he digs himself into a hole and the tribunal panel will see through him I am sure - that's if he attends of course!


Good luck both of you anyway.

touchstone

Thank you, everyone. What a lovely lot you all are. It is a great comfort to know that other people have represented themselves - I'd previously been lead to believe that self-representation was a one-way ticket to a Tribunal not taking one seriously, but I'm really pleased to hear that isn't the case.

Importantly, I simply don't think it will get to Tribunal. As a law firm, my ex-employer could easily run up £15k in fees, which is as much as five times what they might have to pay me in compensation, so a fight to the death sounds very foolish on its part. ACAS has told me that I won't have to pay any fees, even if I lose, so it seems to me that I have really nothing to lose - I'm quite prepared to fight, and I'm the one with time on my hands!

Emmell, I shall try the CAB and see if it is prepared to help me, although I'm conscious that ACAS told me it is a complex case, so the CAB may feel there isn't enough time.

Dpassmore, I forwarded myself (i.e. to a personal e-mail address) a lot of the relevant e-mail documentation before I left my ex-employer, so I shall take your advice and get that all in order.

Apolonation, Emmell, Dpassmore - I'm delighted you all won your cases, and I hope to add my name to your roster in the next few months! Thank you for the encouragement and advice.

Danni_bab3 - I read about your case elsewhere on MSE. It seems incredible that your ex-boss thinks he is actually going to pull the wool over everyone's eyes. Does he think all the Tribunal judges are going to be fresh out of nursery school?! I agree with everyone else that it seems to be an open-and-shut case - very best of luck with it.

Thanks everyone - I shall keep you posted. In the meantime, I'm awaiting the delivery of the book suggested by WeakHeart and working on my ET1!

danni_bab3

touchstone wrote: »

Thank you, everyone. What a lovely lot you all are. It is a great comfort to know that other people have represented themselves - I'd previously been lead to believe that self-representation was a one-way ticket to a Tribunal not taking one seriously, but I'm really pleased to hear that isn't the case.

Importantly, I simply don't think it will get to Tribunal. As a law firm, my ex-employer could easily run up £15k in fees, which is as much as five times what they might have to pay me in compensation, so a fight to the death sounds very foolish on its part. ACAS has told me that I won't have to pay any fees, even if I lose, so it seems to me that I have really nothing to lose - I'm quite prepared to fight, and I'm the one with time on my hands!

Emmell, I shall try the CAB and see if it is prepared to help me, although I'm conscious that ACAS told me it is a complex case, so the CAB may feel there isn't enough time.

Dpassmore, I forwarded myself (i.e. to a personal e-mail address) a lot of the relevant e-mail documentation before I left my ex-employer, so I shall take your advice and get that all in order.

Apolonation, Emmell, Dpassmore - I'm delighted you all won your cases, and I hope to add my name to your roster in the next few months! Thank you for the encouragement and advice.

Danni_bab3 - I read about your case elsewhere on MSE. It seems incredible that your ex-boss thinks he is actually going to pull the wool over everyone's eyes. Does he think all the Tribunal judges are going to be fresh out of nursery school?! I agree with everyone else that it seems to be an open-and-shut case - very best of luck with it.

Thanks everyone - I shall keep you posted. In the meantime, I'm awaiting the delivery of the book suggested by WeakHeart and working on my ET1!

hi yes on my page on here i got alot of advise and people telling me about their stories it has really helped me me and my sister done the et1 form ourselves as we didnt have a soliciotor at that point and jus aslong as you take your time and make sure you put everything in it its fine ive been told from alot of people who have self represented themselves and won so dont let them bully you stand up for yourself and if you want you can have a friend of someone else represent you it does not have to be you or a solicitor. my ex employer is an idiot and i cant wait for my hearing ive been waiting 7 months since i lost of job so am just glad its hopefully going to be over and done with it does sound pretty easy the hearing and informal and if you want i got told i can ask the tribunal to go watch a hearing of some one elses similar to see what questions get asked and how it goes.