Assistance with Employment Tribunal if Union will not oblige?

Brecon_Beacons

Afternoon -

Has anyone any advice on whom I might contact to assist me at Tribunal, on an unfair dismissal/discrimination claim? After much prevarication, my Union has said they will not assist (which I was frankly expecting them to do, they have been little use). The reason given was that they do not calculate that they have a more than 50% chance of winning! Now that's something they don't tell you when they are deducting their fees from your pay packet...

I have preliminary hearing scheduled for December, have not been in good health, and do not want to go unaccompanied.

I am aware that Citizens Advice offer a kind of service (if you can get to see them), but, with about 4 weeks to organise something, I would gratefully accept any other suggestions.

Thanks

Emmzi

pay a solcitor. If they union reckon you have less than 50% chance you are basically down to people you pay.

CFC

If you have less than 50% chance and you pay a solicitor then this is money you are never going to see back. Can you afford it?

ohreally

Brecon_Beacons wrote: »

The reason given was that they do not calculate that they have a more than 50% chance of winning! Now that's something they don't tell you when they are deducting their fees from your pay packet

This decision is taken by lay members (such as yourself) and mandated by the unions NEC which is constituted by lay members. This will form part of union rule, which should be found in your rule book - its no secret.

Jarndyce

Brecon_Beacons wrote: »

Afternoon -

Has anyone any advice on whom I might contact to assist me at Tribunal, on an unfair dismissal/discrimination claim? After much prevarication, my Union has said they will not assist (which I was frankly expecting them to do, they have been little use). The reason given was that they do not calculate that they have a more than 50% chance of winning! Now that's something they don't tell you when they are deducting their fees from your pay packet...

I have preliminary hearing scheduled for December, have not been in good health, and do not want to go unaccompanied.

I am aware that Citizens Advice offer a kind of service (if you can get to see them), but, with about 4 weeks to organise something, I would gratefully accept any other suggestions.

Thanks

Er, yes they do, actually. Union rules will always say that legal assistance is at the union's discretion, and their websites and literature will always spell out the basis on which legal representation is provided. If their lawyers have looked at your case and said it has a low chance of success, it is always worth getting a second opinion, but don't hold your breath.

Whatever you do, DON'T rely on CAB. They have very limited employment law resources and are unlikely to be able to help you to any great extent. Have you got legal cover through your house insurance perhaps?

If you want to post a bit more info on here we'll try and give you an idea of what we think.

dandelionclock30

CRB wont help they check criminal records, she means CAB. lol
You could check with a solicitor if they will take it on a no win no fee basis.But this is doubtful if its not a cert.
You can do it yourself,ET s are set upfor the person to represent themselves, and theres books you can buy to help you.
I was quoted from a solicitor £7,000 plus VAT for representation at a tribunal. Thats about how much it can cost you.

vax2002

well at least you have found out what use unions are, they dont bite the hand that feeds them, your just the mug with the subscription.
I would at least appeal the unions decision, they have to afford you that right legally.

SGina

I recently stood by the side of someone who represented themselves at ET and it was VERY stressful for them and me. We found the book 'Employment Tribunal Claims...' by Naomi Cunningham very useful, This book was recommended by someone on this site.

Another piece of advice is to go along and watch a couple of Tribunal cases to see what it will be like.

Don't under-estimate the level of stress but I don't know your details so can't advise, it might be worth it in the end.

I spent a lot of time looking on threads on here and they helped a lot. Some people are very knowledgeable on here and I personally found SarEl's advice useful.

dandelionclock30

Thats correct about the unions.My friend was not supported by Unison in a cast iron racial discrimination case.A solicitor took it on for free because it was such a cert and there was an out of court settlement of £22,000 from the employer to my friend.

Just do it yourself at the ET, you have plenty of time to get a case together.

SarEl

I find it astonishing we have any case load at all - over 80% of our cases are referred by unions.

There are always complaints to be heard, but we seldom hear about the happy members. I wonder why? Ah yes, that would be because they aren't usually hanging out on boards like this because they don't need to.

Brecon_Beacons

Well I would love to find someone who could give advice on a no-win, no fee or pro bono basis - but how on earth do you find them?

I'll try to give sufficient detail, but I do worry a bit about being 'identified'.


I consulted the union over a space of 4 years, when I returned to work after illness and was bullied on account of the absence (and the illness, which proved slow to clear). I submitted a grievance, which went nowhere.


After this, I came to realise that the illness which I thought would clear up, was in fact 'enduring'. I was sent to Occupational Health, which recognised the disability.


After one year I was moved to another office, away from the bullying. A year after that, a separate set of incidents arose, which picked on what I now recognised as a disability. There were some unpleasant incidents around a speech impediment that I have.


When I was unfairly treated and asked for my disability to be taken into account, I was disciplined. I raised another grievance, this time citing disability. The grievance was (very grudgingly) upheld, but by this time I was off sick. In my absence, it was decided that my post would be made redundant.

I was given another post on a "trial basis" when I returned from sick leave, but it was very apparent that fault was being found with everything I did, and I was told I was not suitable and made redundant even before the agreed trial period had elapsed.

I appealed against the redundancy, and raised a grievance. The appeal was dismissed and they refused to read the grievance.

Hence my ET claim.