Tribunal claim withdrawal but not dismissed

Mersey_2

sangie595 wrote: »

Not a clue I am afraid. We would never let something get away from us like this, so I wouldn't know what to do. I think prayer may be the only option - and I do really mean that.

Sadly, your first response was accurate, sangie595.


But it always amuses me on here that you come back on - even after you've been corrected - or attempt to respond to something that wasn't even stated.




[I'm aware unions use panel firms, in the same way insurers do, but they are NOT the clients. The solicitor owes his professional obligations to the OP for whom proceedings were being issued. Brokers, unions, mutuals and insures who refer clients often fund claims and are the principals, but they are not the clients.]

sangie595

Mersey wrote: »

Sadly, your first response was accurate, sangie595.


But it always amuses me on here that you come back on - even after you've been corrected - or attempt to respond to something that wasn't even stated.




[I'm aware unions use panel firms, in the same way insurers do, but they are NOT the clients. The solicitor owes his professional obligations to the OP for whom proceedings were being issued. Brokers, unions, mutuals and insures who refer clients often fund claims and are the principals, but they are not the clients.]

I do not know of a single union that uses "panel firms" in the way that insurers do. You clearly know as much about unions as you do about employment tribunals. That being not a lot. Condescension does not make you more believable.

sangie595

Anon78 wrote: »

I'm not waiting for the union to respond, I just thought maybe speak to them first. I did email them and explained everything, not that it will make a difference I suppose.

I also don't understand why the claim was delayed for acas mediation now. I was concerned about the time limit at the time but the union and the solicitor assured me we was still had time left.

I'm just wondering what our chances would be at county court, but according to some replies then it doesn't look good.

The time limit for a claim is 3 months less a day. Both must have known this - it's hardly rocket science.

As for the county court, the fact is that it is impossible to predict. They cannot rule on matters of employment law. But it depends on what the employers reaction to such a claim is. If they act as it being a dispute about debt, then it may be ok.

But do not let the question drop - someone is responsible for a very basic error, and whether the union or the solicitor, there should be a method of recompense if this now cannot be resolved legally. All union officers are covered by the unions professional indemnity insurance, if nothing else; and solicitors are also insured against making errors. But that is why it is important that you find out where it went wrong. At the moment you don't know that, and you need to. If necessary, escalate the matter within the union.

Mersey_2

sangie595 wrote: »

I do not know of a single union that uses "panel firms" in the way that insurers do. Condescension does not make you more believable.

That's a shame. Thompsons are on the panel of 3 unions and the Law Society Gazette reports annually on which firms have succeeded in being on unions' and insurers' panels.


What was it again: you were a union rep 20 years ago?


That last sentence really is priceless coming from sangie595!


But at least you now agree - after admitting to not having a clue earlier - that the solicitor was professionally negligent if he missed the deadline and this is the OP's cause of action.


Anon78 - yes, you can issue proceedings in the County Court for owed wages (it costs from £35 online https://www.gov.uk/make-court-claim-for-money/court-fees ), but as you already intimated a claim and providing instructions re a Tribunal claim, in your case I'd pursue the solicitor. A polite email to his Senior Partner/Director should suffice as a formal complaint. Their complaints' procedure will be on their website. This then allows you to complain to the Law Society, although you can complain direct should you prefer.


But only a Solicitor from a different firm can act for you re that apparent professional negligence. [They'll also be able to advise on ways of funding from CFA (a no win no fee), DBA (usually 25% of £), hourly rate or insurance to cover their costs]

sangie595

I am going to point out that you said that unions have panels "in the same way insurers do". They operate in no way in the same way, and what the Law Gazette calls them has no interest to me as a CURRENT union official.

And I do not agree that the solicitor was professionally negligent - can you not read? I clearly said that someone was responsible, and that was either the union or the solicitor.

And now I leave it up to others to argue with you. You really are not worth it. They simply need to check your posting history for the frequent employment law errors that you have made, and your claim to be - what was it again - a lawyer, but oh yes, one that doesn't practice in the area of employment law? Convenient...

robatwork

sangie595 wrote: »

Not a clue I am afraid. We would never let something get away from us like this, so I wouldn't know what to do. I think prayer may be the only option - and I do really mean that.

Sangie you give some very helpful advice on here, and obviously have been involved in the "system" and know your way around employment law.

I am surprised to see your last sentence which appears to be in all seriousness. Advocating prayer to fix anything at all... really?

sangie595

robatwork wrote: »

Sangie you give some very helpful advice on here, and obviously have been involved in the "system" and know your way around employment law.

I am surprised to see your last sentence which appears to be in all seriousness. Advocating prayer to fix anything at all... really?

Well I would have gone with Superman winding back time, or Dr. Who jumping in his TARDIS and delivering the claim on time, but...lacking a fictional super hero, prayer seemed an option! The OP's problem is that tribunals can be, how shall I put it - unpredictable. Perverse could be another word to use at times.

As I see it, the OP has no choice but to withdraw the claim, but at the same time, a County Court claim is riskier. I am persuaded that a better strategy in the first instance is to pursue the union - whether it is the solicitor or the union at fault - for a proper explanation of what went wrong because a County Court case does not have such a limiting deadline. Since a County Court claim is riskier, simply accepting the course of action without question infers agreement with the strategy, and if that claim fails then the OP has potentially lost out on something that they wouldn't have lost out on had the ET been within time. In the end, a union supported claim is like any other - if you lose, you lose.

And the reason I am concerned about this happening is because there must, at some point, have been a deliberate decision to take this through the (more expensive) route of an ET rather than the (cheaper) route of a County Court. Unions are not in the habit of endorsing the most expensive route to an outcome, when a cheaper one is available. If that is the case, then this is now a matter that has been routed to the riskier system because something went wrong. And that something needs explaining. And it may be that the fastest and cheapest route now is to compensate the OP. I genuinely don't know - I don't know what went wrong. The fact is, neither does the OP, and they need to. It shouldn't be something that takes an age to discern. There are only so many things that could have gone wrong.

Anon78

Thanks for your help, I was so confused before I made this thread but now I understand things a little bit better.

So what should I do now? Phone the union? Write them a letter?

I have an email from the union saying that they will ask the solicitor to go forward with the claim in JANUARY! So I have some proof in regard to emails.

sangie595

Anon78 wrote: »

Thanks for your help, I was so confused before I made this thread but now I understand things a little bit better.

So what should I do now? Phone the union? Write them a letter?

I have an email from the union saying that they will ask the solicitor to go forward with the claim in JANUARY! So I have some proof in regard to emails.

That's useful. I think that in the first instance a phone call followed by a letter to confirm the re details of the call. Explain the situation, and ask them why, when they knew this was a time limited matter, they left the authorisation for the solicitor until after the deadline. Try to be calm about it. You'll get better answers if you are calm. And make your concerns clear - that their apparent error had put your claim at risk.

Find out what they thought they were telling the solicitor in January. They may have thought a claim had been submitted and was on hold while negotiations took place. Or they may have left it too late. You need to know which. And you need to know what they propose to do about it. At this stage, just waiting to see what the county court say is not an acceptable option, because you may lose that on the back of jurisdiction issues which would not have been the case with an ET.

Anon78

Brilliant, thank you. I will do that tomorrow and I'll let you know what they say, I really appreciate your help.