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

Acc72

Hi Kinskid,

At the moment you "think" that you have a good case - what you need is an objective viewpoint.

As others have said, your Union should be your first port of call (they should have lawyers who can work on your behalf for free) - please be aware that if you engage an "outside" solicitor, then your Union will potentially use this as an excuse to walk away.

Other than that, look at your household policies for legal cover and then also the no-win / no-fee solicitors.

Although you may not go with them, this should give you a good indication of the strength of your case as they only take on cases that they feel they are likely to win.

So, if you go to 3 no-win/no-fee solicitors and they all want to take you on and say that you have a good case then at least you then can make a decision with who to go with.

Unless you have a really strong case, then in your position I don't think that I would borrow money to pay legal fees.

Also, bear in mind the emotional effect. As somebody said earlier, the process can have a very negative effect on your life and health that you should not under estimate.

Again, unless you have a solid case and the prospect of achieving significantly greater award, then I would look at coming to the best compromise with your employer.

Good luck.

Kingskid

Thanks everyone. I am grateful for all the different perspectives.
1. I thought if I win they will pay my legal costs??? Clearly I am wrong there
2. "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 ?" I was aking the very same question because like everyone says, these things could get messy.
3. I have already paid dearly with my health. I would hate to think it can get worse.

Thanks again everyone for your advice and being kind to me. I am glad I came here. I still do not know what to do though

Emmzi

1. raise a greivance. it goes to yur boss's boss, or HR. Tell the union you need help writing it and ask why they keep stalling you. You need support and they are not providing it.
2. Find a no win no fee lawyer and without telling the union see if they will take on your case. If they won't, then your case is not a guaranteed win. In which case
3. If the grievance is not resolved ask if you can have a compromise agreement to go "otherwise we'll need to look at an ET" Et's are a giant faff for employers and unless they are vindictive it'll have a good chance of working.

Googlewhacker

Emmzi wrote: »

1. raise a greivance. it goes to yur boss's boss, or HR. Tell the union you need help writing it and ask why they keep stalling you. You need support and they are not providing it.
2. Find a no win no fee lawyer and without telling the union see if they will take on your case. If they won't, then your case is not a guaranteed win. In which case
3. If the grievance is not resolved ask if you can have a compromise agreement to go "otherwise we'll need to look at an ET" Et's are a giant faff for employers and unless they are vindictive it'll have a good chance of working.

They are only a faff if they don't have insurance, alot of companies do have insurance so the only problem in defending is the time it takes...costs wise it gets paid for via the insurance.

Emmzi

yup.. but it takes hours and hours of prep to defend it... the lawyer needs loads of paperwork,, etc etc

Googlewhacker

Emmzi wrote: »

yup.. but it takes hours and hours of prep to defend it... the lawyer needs loads of paperwork,, etc etc

We have insurance at our company and we would defend every tribunal (bearing in mind the insurance company would refuse if we haven't done things by the book) because frankly it won't cost us anything except any awards against us and the time.

Emmzi

whereas we find the time is a huge cost to the business so sometmes settle. OP may be as well testing the waters?

Googlewhacker

Emmzi wrote: »

whereas we find the time is a huge cost to the business so sometmes settle. OP may be as well testing the waters?

I say we would defend but I can't remember the last time we had one, if it came to the fore (hopefully not) then we may settle....prob not

Kingskid

Thanks to everyone who gave me their views. Life has been sadly very depressing.

1. Took an expensive lawyer who claimed she could move mountains. It was only a gimmick to collect facts and my money without any help. They wanted more money but I had caught on by then.

2. Union again were unhelpful. After my "final email" they gave me a rep, who betrayed my confidence by giving HR my documents without my permission and even making phone calls to them without my consent. She seemed initially helpful, so I do not want to get her into trouble.

3. I am very depressed. I do not know what to do. Life seems unbearable. I am now told I have PTSD. Meanwhile, my so called "informal complaint" has resulted in a response that "people had logical reasons for acting in ways that caused me stress and anxiety (bullying)"

I feel like walking away but feel I should not give in. Meanwhile I am off sick and constantly being asked to be reviewed for fitness to work. The first review was in my favour - illness work-related and due to significant conflict and "my perception" of my treatment.

I am overwhelmed.

Thank you.

gregg1

Kingskid wrote: »

Thanks to everyone who gave me their views. Life has been sadly very depressing.

1. Took an expensive lawyer who claimed she could move mountains. It was only a gimmick to collect facts and my money without any help. They wanted more money but I had caught on by then.

2. Union again were unhelpful. After my "final email" they gave me a rep, who betrayed my confidence by giving HR my documents without my permission and even making phone calls to them without my consent. She seemed initially helpful, so I do not want to get her into trouble.

3. I am very depressed. I do not know what to do. Life seems unbearable. I am now told I have PTSD. Meanwhile, my so called "informal complaint" has resulted in a response that "people had logical reasons for acting in ways that caused me stress and anxiety (bullying)"

I feel like walking away but feel I should not give in. Meanwhile I am off sick and constantly being asked to be reviewed for fitness to work. The first review was in my favour - illness work-related and due to significant conflict and "my perception" of my treatment.

I am overwhelmed.

Thank you.

You have to go back to your union but go to your area rep rather than the local rep. You have paid in and it is their job to sort the mess out for you but you have to be prepared to push them. I have had problems with my union, they need a rocket under their backsides sometimes.

To be fair, your union would need to speak to HR because that is who they would initially have to deal with on your behalf, they would not need your permission if they are your reps. They would first of all make contact with HR in an attempt to sort out the problem before bringing the lawyers in. Also, I am not sure what the documents you refer to were but again, i would think the union are attempting to sort things out. Ask for a meeting with your union rather than a phone call and tell them exactly what you want them to do for you. I think you will get further if you have a proper meeting.