HR Legal Advice

theTiger

I am in a situation with my employer where I need to take legal advise asap as they move to try and get me out the door.

However I face 2 challenges:
1. I don't know any HR lawyers
2. I have no idea of the potential costs, and cant afford a long battle

Can anyone give me a steer?

I don't have any insurance policies that would provide me with any cover for legal expenses.

DCFC79

There is this forum more suited to your needs, theres a forum member on there called SarEl who is quite good so start a thread and someone will reply. She can give you advice but nothing will be as good as your own lawyer who you can meet face to face.

Uncertain

By all means take advice but there is little a lawyer can do for you until the firm actually take some action.

You do not have a right to be represented by a lawyer in formal disciplinary meetings (except in the rarest of situations) so unless your employer chooses to allow this you are limited to a colleague or trade union representative. Equally an employer is not under any obligation to communicate with a lawyer acting on your behalf.

I would agree with the above poster but I understand SarEl is away for some weeks and only able to respond occasionally if at all.

You could also post more details here, although some responses are likely to be better than others!

theTiger

I was asked to attend a meeting with my line manager this week. He told me someone else was coming to the company to take up a new position and my position was bring made redundant.

I was then told I was not permitted to discuss it with anyone, we should come to an amicable agreement and part at a time suitable to me.

However there has been no formal communication on the issue, ie HR involvement, a letter or chat on a consultation period.

I have been offered a compromise agreement via email to receive a tax free sum and told its more than I would get under redundancy.

I have rejected the offer and the same offer has been made again.

paddyrg

For what it's worth, SarEl or not, you cannot substitute a forum for your own lawyer. You could start off by talking to the CAB (post on the CAB forum here, or go to your local branch) and they may be able to help arrange a free 30' session with one if your case looks worth fighting.

It is worth considering that if that's the attitude and atmosphere at your workplace, that you may want to get out sooner rather than later anyway, so start looking at your options for the future.

Ah - just seen your post above - they must be on the back foot - perhaps you can use this to negotiate a favourable settlement?

DCFC79

paddyrg wrote: »

For what it's worth, SarEl or not, you cannot substitute a forum for your own lawyer.

Ill edit my post to reflect this

ohreally

Have you been provided with independant advice from an insured accountable source (at employers expense)

Check ERA 203 (3) http://www.legislation.gov.uk/ukpga/1996/18/section/203

Uncertain

ohreally wrote: »

Have you been provided with independant advice from an insured accountable source (at employers expense)

Check ERA 203 (3) http://www.legislation.gov.uk/ukpga/1996/18/section/203

This would normally only happen towards the end of the process.

Obviously the agreement would not be valid unless the OP has been legally advised but the amount of money offered normally only pays for the absolute minimum the law requires, certainly not enough to pay the solicitor to argue on your behalf.

For what it is worth, although it is customary, there is no hard and fast requirement for the employer to pay anything towards the legal costs. At the end of the day it is the bottom line that counts.

ohreally

Uncertain wrote: »

For what it is worth, although it is customary, there is no hard and fast requirement for the employer to pay anything towards the legal costs.

I have never known an employer refuse to meet the costs - perhaps you have experience to the contrary, hopefully its not a developing trend.

Uncertain

ohreally wrote: »

I have never known an employer refuse to meet the costs - perhaps you have experience to the contrary, hopefully its not a developing trend.

As I said it is customary but not obligatory. I've known plenty where the amount offered was so little the employee had to shop around for a solicitor who would take the case!

The real problem is that the standard amount goes nowhere with solicitors charging a couple of hundred per hour or more. It is often money well spent to pay for some of the solicitor's time yourself if you want any nogotiation.

KiKi

There is no formal consultation required if it's just one post being made redundant - chatting with you can comprise 'consultation'.

If you sign a CA, you are waiving your rights to any further legal action. You should never sign a CA without legal advice, which doesn't have to cost that much. You might pay a couple of hundred pounds for a legal view of the CA.

Questions:
How long have you worked there?
How much do you earn a year?
Does your company offer the legal min for redundancy payments, or more?
What reason have they given you for redundancy?
Are you the only one being made redundant?
Are you a member of a union?