Advice on choosing an employment lawyer?

bangragal

My boyfriend has just been sacked (with 3 months notice) from his job - this is due to a disability that arose as a result of an illness. His employers are saying they are unable to find him suitable work.

We believe he has grounds for claiming unfair dismissal but obviously we want to get advice from a professional. How do we go about choosing the best lawyer and what sort of questions should we be asking him/her?

thanks
B

Uncertain

bangragal wrote: »

My boyfriend has just been sacked (with 3 months notice) from his job - this is due to a disability that arose as a result of an illness. His employers are saying they are unable to find him suitable work.

We believe he has grounds for claiming unfair dismissal but obviously we want to get advice from a professional. How do we go about choosing the best lawyer and what sort of questions should we be asking him/her?

thanks
B

First of all check your house insurance. A surprising number of people have legal expenses insurance and don't even realise it.

Presumably he is not a member of a trade union or professional body?

Failing this you are paying and it does not come cheap I'm afraid. Many solicitors offer an initial fixed fee (sometimes even free) assessment. I would look for a small to medium sized firm that is big enough to have one or two solicitors who specialise in employment matters.

It is easy to say ask around for a personal recommendation but the trouble is most people are only happy if they win their case.

Some expert people give their advice for free on here. It is worth posting some outline details (but keep it anonymous) to get some initial idea of if you have a case.

Just to add.....

Within half an hour somebody will post on here suggesting you phone ACAS for advice. Beware their initial call centre is just that and staffed by poorly paid people with minimal training. In no way does it amount to legal advice contrary to some ideas!

bangragal

Thanks for your quick reply. He is a member of a union and we have got an appointment to meet with them, however I'm not convinced that they have the specialist knowledge necessary to help.

I don't want to say too much, but essentially after contracting an illness he has been left with a disability which prevents him from doing the job he was originally hired for.

The employer made a verbal promise that they would find him alternative work, they're now saying that this isn't possible, but have done nothing to help him with regards to finding suitable work which he could do regardless of his disability.

bangragal

And I will get him to check his house insurance...

Uncertain

Talk to the union first. They have substantial resources if they do decide to take this on. If you take advice outside they will close the door.

Do beware that you have three months (less one day) from the day he was dismissed in which to lodge a claim and that this time limit is rarely extended so don't get timed out.

[Deleted User]

I have just read you post, my first question would be why pay a union when you don't think they can do the job you are paying them for.

In my opinion the Union will help as they have many shared resources and read on many different cases. I would suggest you see them first and do not forget once they agree you have a case they will fund the legal costs, most Unions use outside legal firms anyway, so you may end up with the same deal as you would should you go it alone.

HTH

[Deleted User]

I would also start to think about what evidence I have and making contemporaneous notes so that you can justify your case. I would also look at what information can be gathered before he leaves the employment and to also find out if there is a right of appeal against this decision, you need to be sure to show that you have jumped through every hoop and this is your last resort. The Tribunal will love to hear the fact that you have tried so hard and have been knocked back on each ocassion, please avoid being too confident (not saying that you are), if you come across in this way to the Tribunal they are usualy less interested, remember they are here to help people and not just people with legal know how.

I have been in on many and have learnt a great deal, may also be useful to attend your local one and listen to some cases before your Tribunal date, because remember you do not need the Union or the Legals if you feel you can do this alone. I would advise against this but as a last resort it would also be my option.

HTH- keep us informed.

bangragal

Thank you both for your replies.

I think perhaps you're right in saying the union needs to be our first port of call - and perhaps see where to take things from there. I haven't got much experience of them or how they work (he has to belong to one because of the type of job he is in).

I'm just concerned that they may not have the resources/time to spend on the case that a lawyer would but quite possibly I'm being too hasty in judging.

Will update once we've had the meeting with the union rep, thanks again for your advice.

dickydonkin

bangragal wrote: »

Thank you both for your replies.

I think perhaps you're right in saying the union needs to be our first port of call - and perhaps see where to take things from there. I haven't got much experience of them or how they work (he has to belong to one because of the type of job he is in).

I'm just concerned that they may not have the resources/time to spend on the case that a lawyer would but quite possibly I'm being too hasty in judging.

Will update once we've had the meeting with the union rep, thanks again for your advice.

Why does he 'have to belong to a union'? Nobody has to belong to a union -I thought 'closed shops' in the UK were illegal - it is certainly unlawful to refuse employment just because of not belonging to a union - or is the union you refer to EQUITY? No membership - no meaningful work?

As for your situation, the first point of call will likely be a Shop Steward or branch secretary. They may be good - they may be woeful and have a very limited grasp on employment law - they may also be in the hands of the employer - it happens.

If your BF gets no joy from these - I would go directly to the full time official of the union.

As for unions having plenty of resources - well they haven't - certainly financial resources.

Generally, a case will only be taken on by a union solicitor if there is a 51% likelihood of success, however, I hope your BF succeeds with his grievance.

The Tribunal will love to hear the fact that you have tried so hard and have been knocked back on each ocassion, please avoid being too confident (not saying that you are), if you come across in this way to the Tribunal they are usualy less interested, remember they are here to help people and not just people with legal know how.

The tribunal will only base their decision on employment law - irrespective of what they 'love to hear'.

Uncertain

bangragal wrote: »

Thank you both for your replies.

I think perhaps you're right in saying the union needs to be our first port of call - and perhaps see where to take things from there. I haven't got much experience of them or how they work (he has to belong to one because of the type of job he is in).

I'm just concerned that they may not have the resources/time to spend on the case that a lawyer would but quite possibly I'm being too hasty in judging.

Will update once we've had the meeting with the union rep, thanks again for your advice.

Hopefully during the day SarEl will see this thread and post a comment. She is a barrister specialising in employment law and says that much of her chamber's work comes from the unions.

If there really has been discrimination in the legal sense then this is very much the type of case you would expect a union to take on. However it is important to understand that what may seem unfair or discriminatory to an individual may not be not so in the eyes of the law. If your boyfriend has a disability (in the legal sense of the word) then the firm have to make reasonable adjustments to accommodate. What constitutes reasonable has of course kept lawyers in fees since time immemorial but it may be far less than you might expect.

If the firm have somehow caused his disability then there are two issues. The employment aspect remains the same but there may be a personal injury claim to be made. If the firm sack him then obviously his losses go up so should the value of the claim, obviously assuming it is won.

SarEl

Uncertain wrote: »

Hopefully during the day SarEl will see this thread and post a comment. She is a barrister specialising in employment law and says that much of her chamber's work comes from the unions.

She just saw it. No matter what the resources of your union they will have lawyers at a national level, and probably either retained barristers or access to chambers where this is necessary. I don't know the details of your circumstances, but on the very broad information you have given here, if there is a case then it should be well within the capability of even union officials - perhaps not a steward (although many could handle such a case) but certainly a full-time official would have the expertise on these matters.

I would echo what others here have said - you do not turn elsewhere for legal advice unless you feel that you have no other choice. You cannot have two representatives - if you go elsewhere then the union will refuse to take anything further.

Any access to a solcitor - whether it be union, no-win no-fee etc - anthing you don't pay for in other words, will be based on probabilities of winning. Generally you will require at least 51% chance of winning. Be cautious of committing to pay for legal representation if you have been turned down elsewhere - think very carefully about why a lawyer would consider that you have a case if others don't. And also remember that in employment law you will pay for your lawyer no matter what even if you win - so even if your lawyer spots a potential case that someone else may have missed or assessed differently, and even if they are right, you could end up at a tribunal with a win that only pays your legal fees.

The most obvious big question here - albeit based on very little information - is, are the employers right and they have been unable to identify a suitable alternative role? Because they can lawfully dismiss provided that they have conducted a proper capability process and cannot offer alternative work. Having a disability does not prevent an employer from lawfully dismissing an employee