Employment Tribunal Remedy Hearing

uknick

I see what you have done for the compensatory award, i.e. claimed only 20% as per the judge's comments. Although, I think I would have claimed the whole lot at £100 per week and let the judge reduce it.

Anyway, best of luck for tomorrow. I hope you'll let us know how it goes.

Rutty

I will do. Thank you everybody for your help,

Rutty

Well was awarded £1200. My colleague was awarded £2400, but will only receive £500 as £1900 goes back to the DWP to pay for her dole money.

One last question. When is the employer supposed to pay by? I think I have read somewhere about 2 weeks after the written judgement is received. Is that correct?

Takeaway_Addict

Quite low....maybe that was why he was fighting it to the end?

Thanks for coming back and letting us know.

uknick

42 days is allowed to pay award.

amateursolicitor

Hi - I found previous posts brilliant in that they helped me feel that I could represent my son for any appeal (should it go ahead) and the remedy hearing to determine his award. I have no experience in law apart from the last 18 months putting together my sons case and attending the 3 day hearing. - hence the title!

We have won our case for unfair dismissal against a large multinational company. When we saw a solicitor told us costs would cost us around £2500 and that as he had dealt with that company before they would be shaking in their shoes when they heard he had taken the case. (All sounds a bit niaive now but we were taken in)

Each time the soliciot contacted us it was just to ask for more money. He paid our court costs without asking us and said we couldnt back out or we would end up paying the costs of the respondent (anything up to 30K) so we paid that too. so far my son has borrowed and paid 12K

As we left court our barrister said we were likely to get an award of around 9K (because my son got another job straight away and because they have asked for polkey and contrib to apply)

If they get the appeal it will be in London and the costs could be considerable (the case took 3 days) ? so I am thinking of representing my son for any appeal and the remedy hearing but a bit scared.

The solicitor sent an email 2 days ago saying that if we didnt instruct him within 7 days for the remedy hearing we would inform the courts he was pulling out.

He insists that we not claim costs even through legal fees are already higher than the expected award. Is this right as lots of other people said we should claim?

The comapany applied for appeal on the last day allowed and paid 3 weeks after so we are waiting to hear if it will go ahead. We have been told it is rare yet in your blog (security guard) his case went to appeal?

Having read your blogs and other sites on the internet I feel the remedy hearing is all about preparing documents and putting forward arguements against polkey in the statement. We have all the payslips etc needed but but wondered if, as my son ended up taking antidepressants as it affected him badly, would we be able to claim for stress? and if so how do we quantify that?

Is there any advise you would give as to what to expect and what we need to do? It's the unknown that is so scary.

Sorry the blog is so long but the case has been going on now for 18 months as the comapny keep asking for postponements.

We would appreciate any advice and again thanks for the previous blog - it was really helpful.

belisha-beacon

Hi amateursolicitor,

I'm no expert in the legal stuff so will steer clear of giving my opinion on that aspect, but I do know about complaints and ombudsmen etc. If your solicitor told you it would cost £2500 then it may be worth you making a complaint against them. Did they give you any quote in writing? If so, this would help, as would any evidence that you expressed concerns about mounting costs as time went on.

Even if you didn't get any of this in writing, it's worth making a complaint and setting out that you were told £2500 and that things weren't explained properly to you as you went on, etc. If you're not happy with how the solicitor resolves the complaint then you can go to the Legal Ombudsman who can look to see if the solicitor acted properly. Information about how to complain and information about the ombudsman are here: http://www.sra.org.uk/consumers/problems/report-solicitor.page

amateursolicitor

Awe thanks - Yes I agree we should complain even if it stops others getting into the same situation. But up to now we didnt want to upset him as we felt we needed him and when we ask him questions about his costs etc he gets a bit sunny with us. We have kept all the emails etc where we have voiced our comcerns so we may do that after all this is over. We feel we couldnt cope just now with that as well. When we have complained he has said we can represent ourselves so we just keot the info but now as the costs are so much we feel we need to do it ourself.
It was very kind of you to get in touch. Lovely that people are so willing to help. Thanks again.