Employment Tribunal starting in a week! Help please!

Keepitgoing

I'm really hoping someone can help me. I worked for a company for almost 6 years, left, and went back again 6 months later. I was dismissed within 12 months after attending a hearing as a witness for one of my colleagues. This was in October last year. No official greivance procedure was followed.

I (probably unwisely) spoke to a no win, no fee solicitor who took in the claim. Due to my employment being less than 12 months and apparently I don't qualify for continuous employment, she has somehow packaged the unfair dismissal into a sex discrimation claim instead.

After a year, we are now a week away from the tribunal and the respondent has made an offer that would leave me with less than a months wages (after fees have been deducted). My solicitor is adamant they are irrational and will make no further offer as this week they will be incurring costs - which they have legal expense insurance for (I don't).

5 days have been set aside for the hearing - for which I'm told I would have to pay considerable barrister fees and possibly face a claim for costs. I strongly feel I am being scare mongerred into taking the offer as my solicitor may have made an error in the way she has pursued the claim, and does not want to proceed on a commercial basis.

I think it is too late to try and get any kind of free representation. My solicitor has said if I do not accept the offer, she will withdraw the no win, no fee arrangement. As far as I can see my two options are: accept the offer, represent myself and possibly face a claim for costs...

This option was given to me on yesterday afternoon and I have until Monday morning to make a decision.

Options, opinions and advice would all be very gratefully received!

annandale

I think shes right. You can't claim unfair dismissal with less than two years continuous service.

DoubleDoors

Keepitgoing wrote: »

My solicitor has said if I do not accept the offer, she will withdraw the no win, no fee arrangement.

So unless you want to be lumbered with a legal bill that's what you need to do, by the look of things.

annandale

Did you go through mediation before you lodged the case? With acas? To see if any of this could be resolved before going to tribunal?

lincroft1710

If a NWNF solicitor can't see any money in it for themselves, there sure as hell won't be any for you. Accept the offer.

bugslet

Tribunals are funny things, difficult to predict and its difficult to be objective in your shoes.

One of my employees took me to tribunal wanting over 40k. I was reluctantly persuaded to offer 7k before the tribunal. The employee rejected it, went to tribunal and ended up with 2k.

You may get more, you may get less.

annandale

They don't have a case for unfair dismissal though, its sex discrimination and I would think those are far harder to prove.

It's not just about the tribunal, they are looking at paying the solicitor for work already done given that they are going to withdraw the no win no fee offer if they don't accept this settlement.

Keepitgoing

Hi, stupidly no, I was going to but my solicitor talked me out of it...

Keepitgoing

Thanks all.... I'm glad to have your opinions as it helps me to decide whether I'm being daft or not. I think I have decided what to do but will take some more time and update you soon!

[Deleted User]

annandale wrote: »

I think shes right. You can't claim unfair dismissal with less than two years continuous service.

See this is weird I know someone who got dismissed at 18 months service out of the blue and has always lead me to believe her claim is very much in progress.
I do often wonder how within 2 years.

While someone disabled and close to me saw a solicitor who did his upmost to put him off - advising 40% was going to be their taking from any award, that it definitely had him rethinking for the better. (Thank goodness).

NWNF in solicitor world means poor claim.

steampowered

I would be inclined to negotiate the offer if there is time. Otherwise it is probably worth accepting.

Are you clear that the offer includes your solicitor's costs? You shouldn't accept a paltry offer if you would be out of pocket after paying your solicitor.

If you have a 5 day hearing in a week's time,
representation should have been arranged long before then.
That is a long hearing to put in someone's diary at the last minute.

annandale wrote: »

I think shes right. You can't claim unfair dismissal with less than two years continuous service.

... but you can if you were dismissed for a discriminatory reason.