Would you use a top employment lawyer if you had a case?

Kingskid

I am being managed out of a job after 5 years. We were all given the option of voluntary redundancy, but no one took it. I am one of the high performers so I normally would not have been the first to go. Sadly, I have been subjected to a series of bullying incidents and I have enough evidence of this pattern which has now led to stress related illnesses like Blood pressure, panic attacks and night terrors. I would gladly love to leave but the voluntary redundacy deadline is past and I feel really used and robbed of my years of work.

I went to a lawyer for advice and found that lack of experience in employment law resulted in a lot of wasted time and I felt even more ill at the end of this ordeal for which I paid with money, time and health. A friend has given me the name of an employment lawyer who charges £400 ph and wants an initial deposit of 5 hours work to read my documents and see me for the first advice. I really like the idea of using such a person, but my partner is worried that we may not be able to pay after a while.

I feel I should borrow and use the best possible lawyer, because if I win which is very likely, any monies owed will be paid back and if I lose, which is unlikely, I do not mind owing and paying for years, at least I would have tried my best. Some say it is not the lawyer it is the facts of the case?

I would not like to do it against my partners wish so it will be great to find out how best to find excellent employment lawyers. Please if anyone knows good names out there kindly PM me. Also any views about using the best lawyer you can afford will be appreciated.

Thank you very much.

mynameistallulah

How much do you earn? I would only be looking to use someone that cost £400ph if I expected a high award at the end of it. Also worth noting that £400 is not a massive amount for a specialist, and cost does not necessarily reflect their success levels.

Have you issued a grievance about your treatment at work?

schmouse

Try Stefan Cross in Newcastle Upon Tyne. He has had some amazing successes. Just google his name and you will see what I mean. Don't worry if he is not local to where you live, he acts for people all over the country. By the way, are you in a Union - can they not help with your case?

P.S. A good employment lawyer will cost you, but they should also be able to tell you quite early on whether your case is worth pursuing.

Good luck.

Emmzi

I'd talk to a no win no fee one first to see if I had a case. If they didn't rate my chances I'd move on.

Kingskid

Thanks all.

The Union have been slow to respond. They keep promising to help and postponing so I do not know what is going on there and I would like advice before I attend the occ health management referral which is to get me assessed if I am "fit" to do my job and querying my GP's length of sick leave which is based on recent cardiac problems as a result of stress and anxiety. I will try the name suggested.

My line manager is the cause of my grievance. So not even sure whether to write them or their own boss?

Salary £40K and I have NO major savings so will definitely need a loan.
Thank you.

marybelle01

If you have to take out a loan for lawyers fees then you can't afford a lawyer. Even if you win you won't get your costs back, so you could win and end up with next to nothing, nothing, or even owing money!

agrinnall

Kingskid wrote: »

Thanks all.

The Union have been slow to respond. They keep promising to help and postponing so I do not know what is going on there and I would like advice before I attend the occ health management referral which is to get me assessed if I am "fit" to do my job and querying my GP's length of sick leave which is based on recent cardiac problems as a result of stress and anxiety. I will try the name suggested.

My line manager is the cause of my grievance. So not even sure whether to write them or their own boss?



Salary £40K and I have NO major savings so will definitely need a loan.
Thank you.

I would be very careful about using a name provided by someone who has only posted a few times previously, make sure you do your own research before spending any money on this person. It may be genuine but the danger of forums is that anyone can say anything.

LL30

Agree with the above! Also, be very careful in thinking that your case is going to win - nothing is set in stone with these things. I had a 'cut and dry' case...which turned into a dirty, nasty cess pool with vile allegations being brought against me (including being drunk and aggressive at work, despite me not having been there for 8 months...I feel I should add that being either of these things is not in my demeanour and had friends in hysterics when I told them - in a nice way!)

My solicitor was £35 an hour, a specialist in bullying in the work place and he was an absolute god send who would happily listen to me sobbing down the phone on a saturday night! He negotiated a wonderful leaving package for me, with some money but most importantly, an agreed reference which I wrote. I know this doesn't stop a prospective employer phoning them and them bad mouthing me, but thus far (3 years later) it has worked well for me.

Approach with caution, these things are nasty! xx

snowcat53

Another suggestion is to check if your house (or other) insurance includes a legal helpline/support. If so, and you appear to have a case with >50% chance of success they will take it on for you. This saved me thousands in costs when my union failed to support me in a dispute (they were more concerned to keep good relations with the employer and content just to say to them 'dont do it again') . I ended up with (out of court) settlements around 12k.

You should push your union hard as well though to get support - but do it in writing and make sure they have passed it to the expert team, who are probably at regional or national level.

I would also echo what others have said. You say it is 'very likely' you would win but you cannot be confident of that. Things can get very messy when the accusations and counter accusations fly.

Smi1er

Be very careful.

I had a friend who was recently in a very similar position. The company were offering a generous package to go, but he too had a good case for constructive dismissal.

He let it go.

Why?

If he fought it he thought the company would withdraw the generous package and replace it with the bare minimum and simply make redundant. He would then have to fight for 12 months (because they would drag it out) and spend £10-15,000 on legals. For what? Maybe to put him back in the position of the prior generous offer but this time with all the stress of the case

or

Accept the package and stick two fingers up at them

He chose the latter simply because it wasn't worth the stress.

p00hsticks

Kingskid wrote: »

if I win which is very likely, any monies owed will be paid back and if I lose, which is unlikely, I do not mind owing and paying for years, at least I would have tried my best. Some say it is not the lawyer it is the facts of the case?

If you are that confident that you are 'very likely' to win on 'the facts of the case', why do you feel the need to pay for an expensive top lawyer to fight your case ?