How can I find an employment lawyer

sarettawow

Hi all,

I need to find an employment lawyer who is actually on the side of the employee.

The advice I've been given so far seem to be all about my non-existent rights as an employee, yet I believe I am being treated unfairly.

Thanks,
S

Browntoa

do you want a lawyer who's telling the Truth ( as the ones you contacted so far are ? )

or one who agrees with you ??

cazziebo

Browntoa wrote: »

do you want a lawyer who's telling the Truth ( as the ones you contacted so far are ? )

or one who agrees with you ??

This is an excellent point. Lawyers aren't really on any side and if they think there is a case they will take it. If they are not taking you on then it's probably because they don't think you have a case.

General advice - to find a lawyer check out what Chambers says about the law firm. For example NW England

PS You can be treated unfairly yet it's still all legal.

sarettawow

It's not about agreeing with me. It's about the willingness to listen, hear, defend, and not prejudge.

As I'm sure you appreciate, there are cases that have been won by some lawyers - where other lawyers thought there wasn't any hope.

If things were like you say, and law was like an algorithm, there would be no gray areas in the law, but alas, there are.

The Citizens Advice Bureau person I initially spoke with was totally convinced I am well within my rights and I should get some compensation. (She said 'If I were you, I wouldn't accept less than three months full pay'). She asked me to come back and see her again after implementing the first part of her advice.

I wasn't able to talk to her again, as at my second appointment she was ill and I got to speak to someone who was of a different opinion, closed my CAB case and referred me to a solicitor who by law had to offer me a free consultation, and didn't make the effort to really hear me out.

Hence why I'm here posting and looking for help.

Time is running out and I don't want to go through the CAB route again... I want to pay for a lawyer who will take the time and put the effort to hear me out like the woman at the CAB did.

I just don't want to waste time with a lawyer who is going to be biased towards the rights of the employer versus the ones of the employee, as I am fearing the Unions might be

tomtontom

Maybe you could give us an overview of the problem? How long were you employed would be a good start.

Bantex_2

How much are you prepared to pay?

Bluebirdman_of_Alcathays

Well, a "free" solicitor is unlikely to offer you a good level of service.

Both Chambers and Legal500 suggest Withy King for employment in Swindon - I suggest you give them a call.

DevCoder

1. Unfortunately CAB are not (for the majority) legal experts so I would take any legal opinion from them with a pinch of salt
2. Lawyers don't have to give you 30mins by law, Lawyers do this as a leader to get cases they think they have a chance of winning.

As suggested, post your issue on here (removing any identifiable information) as there are a few employee law experts who can offer advice.

sarettawow

tomtontom wrote: »

Maybe you could give us an overview of the problem? How long were you employed would be a good start.

Thank you, everyone, you guys are superstars.

Yes tomtontom you are right. I am concerned about confidentiality hence my straight to the point question, but here's my story. (Sorry long-ish post)

I have been employed less than 6 months, on a one year contract.

To take this role, I left a I left a very well paid and secure, permanent job and refused a 30% pay increased, which my previous company offered in order to try and retain me.

I had some good reasons (interview, job title and job description) to think that this new job would provide me with invaluable skills I was willing to develop and broaden.

I made a clear point in my interview that I would consider the job only provided that certain conditions were in place - in terms of work processes and staff ability to work within a certain framework. I cannot be more specific here I'm afraid.

I was assured that everyone was fully bought in, and the conditions I needed were in place. As I sadly discovered in my first few weeks, this was definitely not the case.

Moreover, I realised that this project does not need my role nor my skills. The vast majority of my work output was assigned to an external agency in the time between my job interview and my start date.

I am redundant to this project and I raised the problem months ago, but instead of admitting there had been a recruitment error, they insisted that things would change.

Things haven't changed, in fact they got worse.
I was recruited in error. It’s OK, it happens. I don’t want to cause trouble, and I hold no grudge.

However, seeing as I left a pretty good job to come here, I expect the Company to man up and admit it; Admit there’s no need for my skills, and allow me to find another job.

With a little one in nursery I need some income to apply for jobs and go to interviews.

If I take my little one out of nursery, I will not have time, as caring for a toddler leaves very little time to talk to recruiters and interview.

The main problem is that I worked very hard to complete my degree and change career - as a mature student I graduated last year at 36. I worked full-time whilst studying full-time for three years.

Whilst in maternity, I passed my final exam and dissertation when my little girl was 6 months old and I was still feeding her three times a night.

This was something I really wanted, and the skills I gained through all this effort will be lost if I don’t keep practicing them.

The longer I stay in a position where my work is not used/needed, the harder it is for me to get an equivalent job when this contract finishes.

I just want for my company to let me go in a way that will allow me to find other work without being worse off for it, as clearly the recruitment mistake was theirs.

Thanks for listening :-) It felt good to offload!

tomtontom

I cannot see any grounds for a claim, either for unfair dismissal or constructive dismissal. To be certain, can we confirm that you have not been dismissed, it is more a case that the job was not what you thought it would be? If you have been dismissed, have you been given the relevant notice period?

If both parties are in agreement that you are not suitable for the role, the best I can suggest is getting them to agree to give you pay in lieu of notice and a good reference. Keep in mind that, unless your contract stipulates otherwise, this will be one weeks pay.

Horace

I am not a lawyer but do not think that you need a lawyer in this case because no laws have been broken. It was your choice to take the job but it is unfortunate that the job no longer appears to be what was described. You cannot demand that the company man up and admit it - already you are alienating yourself.

Maybe it is the way you are approaching your new employer which means you are not getting the responses that you want. The employer had to outsource the work to an agency whilst they had the vacancy and before your actual start date (this is something that is not unusual). Maybe you should be asking them questions about your future employment for the length of your contract? When will they start utilising your experience? Remember that you will most likely be on probation and an employer can get rid of you at any time.

If you don't want to work there then you need to give the required notice and leave or in the meantime start looking for alternative employment which you will have to start doing before the end of your contract anyway.

Changing employment is always a risk but it is a risk that you have to weigh up and it is the same for every single one of us. Sometimes the risk pays off and we end up in a better job than we had before and sometimes not. The fact that you turned down a pay increase by your ex employer is neither here nor there.