Dismissed while recovering from a operation.

Jarndyce

skintandscared wrote: »

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?

Why on earth not, if they think they're not going to get paid? Parties are responsible for their own costs in Employment Tribunals (in all but the most exceptional circumstances).

skintandscared_2

Jarndyce wrote: »

Why on earth not, if they think they're not going to get paid? Parties are responsible for their own costs in Employment Tribunals (in all but the most exceptional circumstances).

That is my point! That is why I was asking the OP if the solicitors had indicated that they were likely to lose this case and that was why they had ceased to act for them. The OP's earlier post saying "I have had a call from a solicitor and they agree i have a very good case and i'm considering going ahead with it" inferred that this was a firm with experience of employment cases, who would be very familiar with the process and how long it takes until they get paid. I also assumed this was one of those "no win, no fee" set-ups, as the OP hasn't mentioned actually being CHARGED the extensive fees which have now apparently been incurred.

28dazzler

Well the situation is.
Your right it was a no win no fee, the solicitor would take a percentage on winnings, there work so far has reached a few thousand pounds in fees, the solicitor explained to me that even though i have a good case the amount of the settlement would not cover any more fees occurred and they stood to make a loss,the other side have received offers from my solicitor and the ACAS rep but there has been no reply not even to say"no thanks see you in court!!" absolute zilch from them ,now i was on what would be considered low wages so the amount of settlement would reflect that as my understandings?

I have been working hard to put together some evidence and a statement to be ready and all your advice has been great and this whole episode has put a lot of stress on me my partner and my kids, i don't want to sound like the soppy old dad but they have suffered as well, we raised a bit of debt which we are working towards clearing which i'm fine with but how can all this be ok?

I had a accident while working for them i had time off to recover but then returned as soon as i was off crutches they knew about ever hospital appointment every scan every x-ray, as soon as i knew about having an operation they were told, i got no warnings on disciplinary for time off i have never been in trouble with them at all, i had the operation the come to see me when i'm at home and just before they leave they say "we will have to speak to the board about your position" less than 24 hours later i received a phone call "SACKED"
How can that be right? how can people be treated like that? I'm sure i'm not the only person to be in full time work and have an operation? The bloke in the bed next to me in hospital was from a business on the same street as i worked he had an operation on a slipped disc and he's still in the same job to this day?

SarEl

You have to be clear here. The issue is not about whether you can be dismissed on capability grounds for having time off sick, because the answer to that is that you most certainly can - what any other employer does when people are off ill is not relevant. The only issue is whether the process to do this is fair in law or not, and based on what you have said, it would appear that it was not. But this is a process issue - not an issue about whether you ought to have been dismissed for sickness absence, nor who may or may not have been liable for the accident.