Unfair Dismissal - Solicitor Fees

Equaliser123

Nassy wrote: »

However I definitely don't feel it lacks objectivity to represent yourself, if the only other option is potentially frittering away lots of money. I definitely agree though that if you represent yourself you do need to work harder to understand and accept the relative strengths and weaknesses of your case and the respondent's case.

I do. Having seen many litigants in person over the years, they are at a supreme disadvantage from the start. They do not and cannot know the intricacies of the law and procedure. Unless it is very simple, then OP would be better off obtaining decent professional services.

snuggle69

Maybe it might help if you told us the reasons you feel its unfair, as they may be totally unfounded in the eyes of the law?

I have been to a couple of tribunal cases where people have represented themselves and to be honest the judges are very good at maybe pointing them in the right direction with questions. If your employer has breached any law in your redundancy whether its you or a solicitor the judge will know pretty quickly within the case.

Dont feel you have to pay massive fee's as you really dont.

Nassy

The bottom line is surely that each person and each situation is different and yes an unrepresented person starts at a disadvantage but there is nothing stopping that person going to a law centre and researching the law ie ERA, case law etc. Employment rights for redundancy are hardly that extensive to start with as you can't even question the logic in a Company making a redundancy - only whether the situation was a true redundancy and whether the selection process was fair.

Also you can represent yourself and at the same time get some solicitor advice/help on the more technical aspects. It isn't all or nothing. The point is that if you have been told you are going to win £15000 (to give an example) but fees for full representation are £10000 then that is two thirds of your winnings gone! There is clearly a risk associated with paying money for something - regardless of expertise.

Nothing in life is black and white and therefore I feel there is little point making a blanked judgement on whether A is better than B.

silverbullit

I'm an advisor and I would recommend the following books highly if you go down the DIY route:

http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=90889&Mode=display
http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=92984&Mode=display

Templates:
http://www.lag.org.uk/Templates/Internal.asp?NodeID=91154

Equaliser123

silverbullit wrote: »

I'm an advisor and I would recommend the following books highly if you go down the DIY route:

http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=90889&Mode=display
http://www.lag.org.uk/Templates/System/Publications.asp?NodeID=92984&Mode=display

Templates:
http://www.lag.org.uk/Templates/Internal.asp?NodeID=91154

Whilst that is useful, I wouldn't recommend anyone who is not a neurosurgeon undertaking brain surgery by following a book.

devildog

I don't supppose you are a member of a union are you??

vaporate

I would just pay 1 hour to see if you have strong case, then represent yourself, perhaps pay for a few threatening letters to the employer with out of court settlement.

If nothing then if GOOD case, take it further, represent yourself.

Lawyer fees are a pure con.

You shouldn't have to pay for your rights. As bad as it sounds.

Equaliser123

vaporate wrote: »

I would just pay 1 hour to see if you have strong case, then represent yourself, perhaps pay for a few threatening letters to the employer with out of court settlement.

If nothing then if GOOD case, take it further, represent yourself.

Lawyer fees are a pure con.

You shouldn't have to pay for your rights. As bad as it sounds.

Paying for an hour is an utter waste of money.

Oh, and welcome to the real world. If you can come up with a better solution for enforcement of rights, I'm all ears.

vaporate

Equaliser123 wrote: »

Paying for an hour is an utter waste of money.

Oh, and welcome to the real world. If you can come up with a better solution for enforcement of rights, I'm all ears.

Paying for an hour is not a waste. Least you know where you stand.

Only a complete twonk wouldn't.

I sure as hell wouldnt pay thousands.

As for a better solution, there should be one by now. There should be a voluntary organisation like citizens advice, ACAS, except with at least legal professionals who are WILLING to give a few hours, whether legal trainees or not.

Not going to happen though when there are people to be milked.

SarEl

vaporate wrote: »

Paying for an hour is not a waste. Least you know where you stand.

Only a complete twonk wouldn't.

I sure as hell wouldnt pay thousands.

As for a better solution, there should be one by now. There should be a voluntary organisation like citizens advice, ACAS, except with at least legal professionals who are WILLING to give a few hours, whether legal trainees or not.

Not going to happen though when there are people to be milked.

Sorry, but I am going to take grave offense at that remark. There is such an organisation - and legal professionals give a great deal more than a "few hours". It is called the Bar Pro Bono Unit. And there is a similar charity for solicitors. Barristers, solicitors and other legal professionals give untold hours of free legal advice and representation through such organisations, as well as supporting organisations such as CAB by providing free advice sessions. The legal profession collectively give hundreds of £1,000's in free advice and representation - how dare you tar us with "milking people"? We have a living to make just like any other people, and many employees who depend on us for a living too. We are not charities, but we do a great deal of "charitable work", and there aren't many professional groups, with the exception of doctors and nurses, who do as much charitable work, or for so many. But we simply cannot contain the demand for these free services.

It is not our fault that legal aid was withdrawn - blame the Tories for that! Put the blame for the lack of legal representation squarely where it lies and do not blame lawyers for government policies which we bitterly opposed at the time and have sought to change ever since. If as many people had cared about the right to free legal aid as did about the poll tax, then we wouldn't be needing to have this conversation.