Worth paying for just a few hours of solicitors time for Unfair dismissal case?

Nassy

Hi

I have just had a case management discussion meeting over unfair dismissal (on grounds of sex discrimination) case.

On the negative side, it was clear I had got legal terminology wrong on one of the issues I had raised. :eek: Also on the sex discrimination part of the claim, the judge thought that there may be time limit problems in some areas. However I am not overly concerned as at least the judge didn't disagree that the issues I put forward were possible indicators for sex discrimination. Providing I can convince a tribunal that the issues raised are linked to the dismissal then it should be ok. Its better to be prepared in advance anyway on potential hurdles. :cool: The unfair dismissal element (where no doubts were raised on the issues put forward) can still be won without the sex discrimination part anyway which given the fact I am out of work and have some actual losses accrued would still in my view be worthwhile if I succeeded.

On a more positive side, it is clear that my former employers respresentative has underestimated the time required for hearings on the case. The judge doubled the time the representive requested from 2 to 4 days! As I will be on maternity "leave" (don't actually have a job), to have more days in hearings is doesn't bother me and I would far rather make sure that all the issues got dealt with but I think it is likely to be a less welcome surprise to my former employer as they only have 3 to 4 proposed witnesses which includes the only person in HR and the MD and kust may be the MD may now think that this will inconvenience him...

At this juncture, I am thinking it may be a good idea to take a gamble and spend several hundred pounds on 1 or 2 hours of solicitor time - providing this time is very focused. The case is now listed and has a degree of complexity and ultimately I would simply like a little bit of legal input to help me concentrate on the arguments that are most likely going to have the most impact.

What do you think? Also does anyone have any recommendations of solicitors in the London/South East area (I live in Berkshire but can easily commute to nearly anywhere in central London)?

Thanks

kborom

Depending upon your circumstances you may still get legal aid, get into see your local CAB for more advice.

Also, you can get free 30 minute slots with solicitors so that could give you a good idea on strategy and also whether you like/trust that solicitor to do further work for you.

caseydog_2

Hi there,

It may be worth checking out any household or even motor insurance policies you have before paying any money over as they do sometimes cover you for legal expenses. If you do go for legal representative make sure they are specialist employment law solicitors - I've seen qualified solicitors really mess up on U/D SXD cases.

Also, discuss the strengths weaknesses of the case with your Acas conciliator and ask them how to calculate quantum and where on the Vento scale the discrim. aspect would sit.

Nassy

Thanks guys,

I haven't taken much of a liking to my former employers solicitor really but then I guess they probably don't want me to like them - I was recently sent letter from the solicitor reminding me of my duties to mitigate my losses where she demanded proof of mitigation since I left me temp job a few weeks ago - this would be fine accept she knows I am nearly 8 months pregnant. I am now having all sorts of hassle trying to get SMP sorted! I am not phased as I read that tribunals do usually take into account maternity and mother/fatherhood in relation to how it can affect a career so I am just going to continue to be really nice and honest with them.

The problem for me with this case is that since the redundancy appeal process and beyond, I have been given a minefield of information on a drip drip basis- all of which I was previously completely unaware of. For example I was told in the appeal I was always considered a junior member of staff when I was hired (even though - if this is true and they refused to show me contracts - I was never informed of this and in fact given a completely different impression in relation to work I got given before redundancies started). The difficulty is that despite all this new information (part of which I feel is not truthful) coming through I have never had the chance to talk face to face with my former employer/their solicitor about it. The appeal itself was disastrous as I ended up being accused of potential gross misconduct and upsetting my colleagues but with the MD refusing to discuss what I had done. Since then I have repeatedly urged face to face contact (or at least over the phone contact) but now I can only talk through the solicitior and lets say that they are not exactly encouraging any sort of direct communication. I have had to send requests for information, questionnaires etc and then they just come up with new stuff, are vague so I will have to make more requests etc... Communicating on paper when one could have just done some talking will never resolve a dispute in my opinion!

I don't have great insurance policy but my husband does have access to a free service where I can get access to legal advice. I've already spoken to ACAS and they won't advice but I am using VENTO in my schedule of loss on "injury to feelings". If that fails then I will go down the "free consultations" with solicitors route and will probably pay for an hour or two of time. I am also going to ask the tribunal if I can ask the judge to help mediate this case to help make it settle. I got a leaflet from them about this so there is no harm in asking.

Thanks again

getmore4less

I was recently sent letter from the solicitor reminding me of my duties to mitigate my losses where she demanded proof of mitigation

Why do they need this?
Sounds like they are intimidating or know they going to have to pay up and want to get an idea off losses.

Nassy

They are probably trying to intimidate. I am already preparing a schedule of loss and hearings aren't until October so the timing is in my view unnecessary. They are clearly heaping pressure in a situation where I have several orders mounting up to do stuff. They clearly know I am 7 months pregnant so asking me to provide evidence of how I am trying to find a new job does seem to me slightly unreasonable.

It is good to know someone else had the same so it is probably a really common thing. I don't think it is in the interest of a solicitor on the opposing team to appear overly human. I have to say that I personally think it is a real pity there isn't a lot more pressure to make both sides come to the table and talk (I appreciate there is a grievance procedure but in my case once I had been dismissed, my employer has made zero effort to talk face to face to me or even over the phone). Letters are good for a certain type of communication but they aren't a good way to resolve differences in complex cases. In my case it just means goal posts keep moving. Sadly ACAS will only get involved if both sides ask it. Shame.

kborom

Nassy wrote: »

Sadly ACAS will only get involved if both sides ask it. Shame.

My understanding is that if you request a tribunal ACAS are automatically made aware and will try to mediate before the tribunal.

I think that where your ex-employers refuse this they are making a rod for their own back at the tribunal.

Nassy

Well heard from the solicitor again today. She had a go at me for sending her too many emails that she says are "disproportionate to the issues of the case". This shows real nerve since she recently said to me how I'd not explained the case well and wanted more explanation and just a few days ago insisted I send her evidence of mitigation. Yet last letter I wrote expressing concerns over new claims the former employer made since the Et3 did not even get a response :mad: Thing is I have asked her to phone me instead of email but she won't. It is exasperating. :eek: Also she is insisting that when I put together a schedule of loss I don't take into account potential pay rises or promotions of existing employees in my team that kept their job since my former employer is really struggling. :mad: The fact is that all 3 members they put in a selection pool complained by appealing or claiming unfair dismissal. I am definitely not going to let myself be intimidated by her very biased opinion (and also skilled as she is compared to me, she has no idea about the truth as she wasn't there to witness it)

ohreally

Nassy wrote: »

Thing is I have asked her to phone me instead of email but she won't.

Don't enter into verbal conversation, you need to develop and maintain a paper trail of correspondence - in this respect the solicitor may have done you a favour.

Voyager2002

I don't think that you should be entering into detailed discussions with the solicitor for the other side.

Nassy

Thanks guys for all this advice. I have only ever e-mailed the solicitor to give them information that is intended to be passed on to my former employer\ or that they themselves requested. Unfortunately, since they took on a representative, my former employer has made some claims/allegations that are untrue or 100% based on opinion. For example, after the ET3 had already been sent, my former employer came up with a new claim saying that my role was different to "senior" team members in my team by saying I was always supervised, when I know this is not the case- and in fact I didn't know there were any "senior" members (I still don't know if this is true- I wasn't allowed to see contracts etc when I asked). This sort of information gets passed off as fact ie as if it is not a point of contest - so suddenly I am put in a difficult position where I feel I have no choice but to raise it so the tribunal have a record that it is something I immediately picked up on. :eek:

In any case I agree that I need to avoid speaking to the solicitor about their opinions, how they are handling the case etc.. They are of course going to say things I disagree with or that I find very annoying (possibly to try and get me to drop my guard/ or better for them drop the case). I have also concluded that now is possibly a very good time for me to get some solicitor advice myself as they can tell me what my best arguments are and to maybe work out how best to continue to heap the pressure on. :cool: