Dismissed while recovering from a operation.

SarEl

Googlewhacker wrote: »

It could take over 2 years if you look at Greendollars thread but that has to be a rarity and isn't the average between 6-9 months?

Two years is exceptional. But guessing timescales otherwise is an " as long as a piece of string" type of answer. It depends not only on lists, but also on complexity of case, anticipated length of hearing, availability of judges and people involved in the case, etc etc. A simple and short case where the claimant and respondant are avilable at short notice and there are no witnesses to negotiate may get slotted in to a cancellation of spare slot in as little as six weeks, although that kind of timescale is about as rare as 2 years! Reasonably, the average but "all parties available" case may be 3 - 5 months. But then that all depends. It may not even get as far as tribunal - so it could be sorted quicker. I generally tell people "up to a year" on the basis that this is the broadest "reasonable timescale" and gives them a realistic idea of the likely maximum range.

john59_2

I to have a work mate who uncanly has the same injury and the same dilema.
He has taken legal advice and recieved a draft protocol letter from his solicitor.
It is as follows.

He has decided to go to a no win no fee lawyer and has recieved the Draft Protocol letter as follows.

Failed to provide a safe system of work and failed to take any adequate care for the safety of our client.

Failed to make a suitable and sufficient risk assessment of the work carried out by our client contrary to Regulation 3 of The Management of Health and Safety at Work Regulations 1999 or alternatively failed to take account of such an assessment to identify the required control measures contrary to Regulation6(1) of The Work at Height Regulations 2005.

Failed to ensure that the work carried out by our client was properly planned contrary to Regulation 4(1)(a) of The Work at Height Regulations 2005.

Failed to carry out the work at a height in a manner which was safe contrary to Regulation 4(1)(c) of The Work at Height Regulations 2005.

Failed to take suitable and sufficient measure to prevent our client falling a distance liable to cause personal injury contrary to Regulation 6(3) of The Work at Height Regulations 2005.

Failed to select work equipment for the above work which was appropriate to the nature of the work or suitable contrary to Regulation 7(1) of The Work at Height Regulations 2005.

Instructed, caused or permitted our client to perform the work when you knew or ought reasonably to have foreseen that at least one other man was required to assist our client to perform his work in a safe manner.

Permitted or suffered the use of ladders as a means of access to the place at which our client was working when you knew or ought to have known that ladders were forbidden.

He has given me permission to reproduce the above as so long as there are no names mentioned.

Googlewhacker

John

I would start a new thread and give abit more of an explanation of the situation so people can give their views.

Cheers

john59_2

Ok, will do

28dazzler

Hello everyone, time for an over due update.
I have the tribunal hearing next month and i no longer have a solicitor? They decided the could no longer financially go ahead with my claim as there fees had risen to a certain amount already?

So i'm going it alone, not sure if this is a good thing or bad thing? i received a letter the other day from the much elusive Representative from the other side, they had made a request to strike out the claim as they had received no documents from me.
Its all a little overwhelming to be honest i have contacted them the tribunal and ACAS they are happy to grant me 2 weeks to get the evidence together and go from there.

This is as you can imagine annoying as my solicitor or the ACAS rep was unable to get any response from them the entire time i was being represented?

I am now left with this task of proving why i was unfairly dismissed.

In my head it all seems so simple but putting it into evidence is quite difficult i'm mainly using the paper work i have received from the other side and research on the web?

Any advice or tips would be much appreciated

Regards

DUTR

28dazzler wrote: »

Hello everyone, time for an over due update.
I have the tribunal hearing next month and i no longer have a solicitor? They decided the could no longer financially go ahead with my claim as there fees had risen to a certain amount already?

So i'm going it alone, not sure if this is a good thing or bad thing? i received a letter the other day from the much elusive Representative from the other side, they had made a request to strike out the claim as they had received no documents from me.
Its all a little overwhelming to be honest i have contacted them the tribunal and ACAS they are happy to grant me 2 weeks to get the evidence together and go from there.

This is as you can imagine annoying as my solicitor or the ACAS rep was unable to get any response from them the entire time i was being represented?

I am now left with this task of proving why i was unfairly dismissed.

In my head it all seems so simple but putting it into evidence is quite difficult i'm mainly using the paper work i have received from the other side and research on the web?

Any advice or tips would be much appreciated

Regards

After reading all the replies, it seems odd why you seem to be going about it all the wrong way????
Accident at work, should be dealt with, dismissal should follow a proceedure, but also accept if you are not fit for the current job you are not fit for the job, you mentioned about being re-trained for another position within the company, so know it sounds like you have been making a rod for your own back, good luck with the tribunal case, they will probably give you a tenner for your bus fare after all the hearings are said and done.

SarEl

Start with your witness statement. "I began working for XX on (date)... On (date) I had an accident..." tell the story in as much detail as possible with names, dates, and what happened. Then go through your statement and see what evidence you have (or may need) to back up the story you have told. Avoid legal language - tell it in your own words.

You do not have to prove you were unfairly dismissed - the employer has to prove it was done fairly.

skintandscared_2

Considering the solicitors said you had a "very good case" their actions are very puzzling. Any legal bods here know - can they just stop acting for a client like this? I didn't think they could. It's perfectly normal for their fees to build up - when the case goes to court, and you (hopefully) win, the other side pays their fees then. That's what usually happens. That's why I'm puzzled that they are worrying about their fees, unless something has come to light that alters the case and they now think you don't stand much chance of winning?!

If that is the case I urge you to get some advice from a professional as to whether you should proceed. Please be aware that if you do proceed, and lose, you could end up being liable for the other side's legal costs. It might be worth approaching another "no win, no fee" solicitors and see if they will take up the case for you?

bluenoseam

Yes, but ultimately it's risk reward surely - on paper you'd look at Man United first team v Irvine Meadow u18 squad and think "well, that's a resounding United victory" - but there's always the risk of the upset, that looks to be the case here & while i'm unsure of the legality & ethics of pulling out of a case based on this circumstance, the solicitor has clearly thought "well, there's a shot at an upset here" and then checked their figures to see what chance of them getting paid for their work is and decided that the risk is too high to take.

Good luck though!

skintandscared_2

But my question to the OP was did the solicitor literally say we're quitting this case because we've incurred too high fees already.... or did they say that on review they didn't think the case would succeed at court? It just doesn't sound right that they would withdraw from a case due to their fees?