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

BobQ

Kingskid wrote: »

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.

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Its not a question of getting her into trouble. Some local reps in unions are relatively inexperienced reps, mostly volunteers,and many have "day jobs" as well. Maybe she made a mistake. Contact your Branch Secretary and explain that you are concerned over how she has approached this so far. Try to take a measured approach rather than steaming in. It will do other memebers no good if you do not see she is properly trained and mentored.

So you spoke to her and she just steamed off to HR and did what you say? What did she think about your case? What did she advise you to do? What did she agree with you she would do next?

Having looked at your posts I am not convinced that you have followed any of your firms processes. You just seem to have convinced yourself you have a good case and started looking at solicitors.

Most employers expect you to exhaust their procedures for dealing with a grievance. Most unions would expect this too. As you have found solicitors are expensive so its far better to seek resolutions in the firm if possible.

Are you being bullied by management or co-workers? What have you actually done about it apart from work yourself up over many months? Did you raise a grievence? How did you do it? You mention it was informal I think? Did you not take it to a formal stage? Who dealt with it? Was there a hearing to discuss it? What did it conclude? When was this? Was it before OH started reviewing the reasons behind your sick record? What exactly do you want from the grievance?

Of course you do not need to answer my questions. But they indicate what I think is strange about your posts to date. I know its stressful but you have to have a strategy.

marybelle01

You have retained and consulted your own lawyer - your union is therefore entitled to refuse to represent you. Every union has a rule that if you retain indpenedant legal advice you lose your union cover - you cannot have two sets of representatives, and you can't go back and say you didn't like the ones you chose. I suspect you may be on your own now.

BobQ

marybelle01 wrote: »

You have retained and consulted your own lawyer - your union is therefore entitled to refuse to represent you. Every union has a rule that if you retain indpenedant legal advice you lose your union cover - you cannot have two sets of representatives, and you can't go back and say you didn't like the ones you chose. I suspect you may be on your own now.

True, but I think the OP can get away with not telling the rep about this. Its not clear that a solicitor has actually done anything apart from taken money for advice. It would be more of an issue if he had asked the solicitor to write to the employer. But of course if the solicitor has taken up the fight in some way then he would be on his own.

gregg1

BobQ wrote: »

True, but I think the OP can get away with not telling the rep about this. Its not clear that a solicitor has actually done anything apart from taken money for advice. It would be more of an issue if he had asked the solicitor to write to the employer. But of course if the solicitor has taken up the fight in some way then he would be on his own.

I agree the op should not tell her union about the other solicitor. The union will probably refuse to represent her. Also, most solicitors ask you if you are in a union before they take the case on and if you are they would probably tell you to use them instead.

Kingskid

Thank you all. Yes indeed I am all worked up and ill. Hence the silence. I am grateful for the questions. I wish I could answer all. I will take all the advice given.

Mersey_2

Unions tend to use panel solicitors - eg Thompsons.

Not many firms take on employment cases on a CFA ('no win, no fee').

In my area (Merseyside), I know Maxwell Hodge; EAD and Litigaid Law do and all 3 offer coverage across England & Wales.

An hourly rate for a Solicitor depends upon their Grade.

eg Grade A - Partner
Grade B - Sols with over 8 years' litigation experience
Grade C - Paralegals
Grade D - trainee solicitors & clerks avg £120/hr

£400/hr is very high, even for many barristers.

£400 incl of VAT may however be a flat fee for a written advice/opinion on the merits of your claim.

Kingskid

Hello All

Thank you for your kindness and wise words last year. It has been a long time. I have been very ill and very quiet but I realise I must pull myself from the mud and if possible stay alive if only for my family.

I now have a tribunal case going and my employers wanted to offer a "win-lose" CA which my own solicitor responded to with a counter offer. They have not responded, so I assume they do not want to shift.

They never investigated my case when I presented my grievance and simply told me where to go! Now, I receive a letter suggesting they want to conduct "an independent private investigation using an external HR consultant" probably cronies with one of them (yes I am officially paranoid with cPTSD) and they want him to speak to me. I doubt this will have any benefit to me. I am also worried about the negative impact on my health.

It is also an opportunity for them to find out how much evidence I have, I guess - BUT there are evidence reserved for the rainy day!

Clearly, I have no confidence in the system to believe this will be independent as they even got their Dr to say I could never work again so they could sack me for health reasons.

As both solicitors are already involved and a tribunal claim is ongoing and since they already claimed to have investigated BEFORE now, am I allowed to decline and simply ask them to use my written documents and if they find anything untrue they can ask me in writing? Technically they are still my employers, though I am on medical suspension and under house arrest which almost drove me to suicide; I guess because I was horrified that people could be so mean and professionals could lie and behave so badly (including the union who sold me out and wanted to keep their jobs and friendships with HR as admitted by one of them. Region was equally useless and they only sent me back to local - so I decided to pay a lawyer). Household insurance exists for later cases should it be required. BUT my health and life need to go on.

I already asked them specific questions as one would in an equality questionnaire within my last grievance sent over three months ago. This was never answered.

I am wondering if my health can take this internal examination before the tribunal. Is it not up to them to counter anything I say? I have a feeling this investigation is going to be biased?

Can they insist at this stage?

All answers gratefully received. Please be kind to me even if you remain honest. I am already down.

Thanks.

Caroline_a

To be honest, this has taken over your life for a long time now. I think you are in a situation where you can't see the wood for the trees. Take the CA and walk away. Then you can get on with the rest of your life. I think if you refuse the independent consultant then it will go badly against you - you obviously don't want to do this and I think you have escalated your paranoia to the extent that you believe your employers have persuaded a medical expert to say what they want them to say.

If you carry on with the tribunal you will not accept anything they say except a total 'win' for you. That may not happen. Walk away and concentrate on getting better.

sew109

I was a barristers clerk for 10 years I saw so many people whose lives were taken over by a grievance they spent thousands of pounds because it absorbed them completely. It sounds like this has got a grip on you and please think long and hard about what you actually want to get,what is realistic and not what you think the company should pay you. You hired a very expensive solicitor who could do nothing for you and to be honest if you had a strong case she would crucify them, I think that the company (however unfair this may be) feels it has a decent case and this is why they are fighting it. It is difficult when you are in your position to see things objectively, the medical expert will not lie he makes his living from this and will not risk losing it, I am also amazed that a doctor will state in writing that you will never be able to work so I would suggest that you check this very carefully.

It seems that his whole nasty business is having a very bad effect on you and this is what you need to address

I am sorry if I have missed something but I can't see if you are till being paid or not as if you are your contract will probably have something about having to be independently assessed in any event if you do go to tribunal and have refused an assessment this will look bad for you.

In short you need to sort your health forget these scumbags take what they are offering (as long as its more than stat minimum redundancy) stick two fingers up at them and get on with your life things will get better.

Good luck

Smi1er

I feel your pain.

There is a lot of sense in this thread. And a lot of !!!!.

Firstly, you will not find an expert solicitor who is an expert at bullying in the workplace for £35 ph..... If you add a zero at the end then I would believe it.

A top employment lawyer certainly would charge £400ph.

I had a very good constuctive dismissal case against a past employer. After speaking to an employment lawyer he actually agreed but then gave me the harsh reality of the facts.

They were offering a package to go. I could accept this and sign the CA

or

Take them for constructive dismissal. They will then give me the minimum package as required by law. They could string it out quite easily and make the whole process last a year without even trying. If I was awarded an extra £15K I was informed I would have to pay costs out of this. In addition I would have to put up with all the stress.

The choice was mine.

I choose the first option, banked the money and moved on. Not easy, but a lot less stress