Self Representing in Jersey Employment Tribunal e.g. TRENOUTH-WOOD or REIS

paul_larson

Hi folks,
I currently live in Jersey and I'm giving serious thought of claiming for unfair dismissal from my ex employer. Without notice the solicitor that was representing me has told me not to continue on with the case as she doesn't think that I could win!. Has anybody else represented themselves at tribunal?

I've looked on the public records at a number of cases regarding this:

I was looking at the case of JULIA/YULIA TRENOUTH-WOOD V EURACO GROUP LIMITED (aka Yulia Mikhaylova) in the Jersey Tribunals for Employment and Discrimination


and saw that both parties represented.

I've also looked at Mr A L B Dos Reis v Cleanliving Ltd and found again the parties self represented so it seems quite common.

Does anyone know what proportion of parties self represent in the Jersey tribunals? It's impossible to find this information easily.

Thanks in advance.
Paul.

mum2one

i cant answer for Jersey tribunals, but I represented myself in my tribunal case.

Mine was for unfair constructive dismissal... I resigned due to the companies actions.

I did have support off a solicotor in the background, - advising of questions to ask / look throu the paperwork. The company I worked for was a nationwide company, they brought in the big guns... barrister etc, whilst the tribunal d see people non-represented it is a hard slog.

Its a long shot but have you got house insurance - you may be entitled to advice (if you have legal cover) or a union rep.

The payment for the solicitor was that done under legal aid (know in England all stopped), for legal aid to foot the bill there has to be a good chance of winning, which may be a reason why they pulled out x

Undervalued

paul_larson wrote: »

Hi folks,
I currently live in Jersey and I'm giving serious thought of claiming for unfair dismissal from my ex employer. Without notice the solicitor that was representing me has told me not to continue on with the case as she doesn't think that I could win!. Has anybody else represented themselves at tribunal?

I've looked on the public records at a number of cases regarding this:

I was looking at the case of JULIA/YULIA TRENOUTH-WOOD V EURACO GROUP LIMITED (aka Yulia Mikhaylova) in the Jersey Tribunals for Employment and Discrimination


and saw that both parties represented.

I've also looked at Mr A L B Dos Reis v Cleanliving Ltd and found again the parties self represented so it seems quite common.

Does anyone know what proportion of parties self represent in the Jersey tribunals? It's impossible to find this information easily.

Thanks in advance.
Paul.

Well first you need to fully understand why the solicitor has advised you not to continue.

Then, unless you have good reason to doubt this advice, you would be well advised to heed it!

Sometimes the best advice is that which you least want to hear.

If you do end up going down the self representation route then you need to pay very careful attention to any strong hints from the judge at pre-hearings etc. Although it is fairly rare for costs to be awarded against claimants in ETs it does happen when people ignore repeated advice that they have a weak case.

Crazy_Jamie

It is very common for parties, both employees and employers, to represent themselves at Tribunal hearings. Judges in the Tribunal are well used to dealing with litigants in person both at preliminary hearings and at trials, and will be able to give you some guidance as to the procedure (though obviously they cannot advise you or tell you how to run your case). It can be a daunting prospect for obvious reasons, but it is perfectly possible.

Undervalued is right about examining the solicitor's reasons for telling you that you won't win, though. Solicitors can phrase such advice in a number of different ways, and there is a big difference between your case 'not having reasonable prospects', which means that you could win but your chances are below 50%, and there being some fundamental flaw in your case which means that you are extremely unlikely to succeed. You need to establish what advice the solicitor has actually given you, and then consider the reasons why before you decide whether or not to continue.

DevCoder

I live in Jersey and theres a few nuances compared to UK law, especially under discrimination.

Did you use the JACS service? What did they advise?

Whats the basis of your case against your former employer? Jersey is slowly introducing laws on discrimination et cetera but is still somewhat behind.

rogandyul

Hi, I'm Roger!
What you read in the outcome is an absolutely incredibly most inaccurate, the case is very complicated and lasted 2 years, to understand it will take a lot of explaining if you want to meet I would gladly explain to put the record straight!!!!! To say that I have lied after I have been the t Royal Air Force for 28 years as a SNCO and Middle Management after that gives you some idea of what to expect. Especially when you raise a complaint about the Tribunal Advocate, Chairman, take it to the Judicial Greffier and they don't answer you!
To answer your questions Jersey is Jersey and they are on the side of the employer and they have "The Jersey Way". To get Legal help is to expensive and to win when it is just above 50% chance of winning then there is no chance! To win you need very strong evidence and witnesses that are not still employed at the firm and a lot of time and effort!
My advise, raise the action and seek a settlement!
My email add is: ***email removed by forum team***
K R
Roger

Manxman_in_exile

krisdorey wrote: »

I live in Jersey and theres a few nuances compared to UK law, especially under discrimination.

Did you use the JACS service? What did they advise?

Whats the basis of your case against your former employer? Jersey is slowly introducing laws on discrimination et cetera but is still somewhat behind.

If Jersey is anything like the Isle of Man in this respect (and I think it will be) then employees probably have significantly less protection than under UK law.


As others have said, the OP need s to understand exactly why their lawyer (are they solicitors in Jersey?) doesn't want to represent him.


I also suspect that employment tribunals in Jersey may not be quite as helpful to claimants representing themselves as in the UK.

stator

This is an old thread, resurrected, I'm not sure why

ohreally

stator wrote: »

This is an old thread, resurrected, I'm not sure why

There is a bit of a hint in #6.

rogandyul

Hi again
I have responded again as I am new to this Forum and I wasn't aware that entries lapst. But with that the case that the originator was enquiring after, as I have stated the tribunal has only just finished, this after 2 years!
If I wasn't supposed to respond at this date then maybe there should be some form of instruction??
Again my kindest regards
Roger

stator

You could say why you are posting, what relation it has to the original post and try a bit harder for your posts to make sense