Employment Tribunal starting in a week! Help please!

annandale

But the OP said that her lawyer made a mess of the case and has lodged a case for sex discrimination and not unfair dismissal.

Im assuming this solicitor was going to represent the OP but has now changed her mind given the offer from the ex employer.

steampowered

annandale wrote: »

But the OP said that her lawyer made a mess of the case and has lodged a case for sex discrimination and not unfair dismissal.

Refer to https://www.gov.uk/dismiss-staff/unfair-dismissals

If someone is dismissed for a discriminatory reason, a claim for both unfair dismissal and a claim for discrimination should be raised.

The reason why you need to make two claims is that the remedies are different. Unfair dismissal claims come with a 'basic award' set by statute - you don't get that with discrimination claims. Discrimination allows you to claim 'injury to feelings' - you don't get that with unfair dismissal claims. Hence why it is necessary to claim for both.

Unfair dismissal for a discriminatory reason would be 'automatic unfair dismissal' which does not have a 2 year qualifying requirement. I suspect this is why the Op's solicitor tried to "package" the unfair dismissal component with a discrimination component.

BorisThomson

Deleted%20User wrote: »

NWNF in solicitor world means poor claim.

No, NWNF usually means either pretty solid claim, or one that is more costly to defend than pay off so the respondent offers a settlement. The former means a positive outcome for both claimant and solicitor, the latter means the sol covers their (bumped up) costs and little more. Neither case would be a poor case - one easily disproved - as a respondent would take that through to its conclusion (usually struck out before full hearing).

Ozzuk

Perhaps your solicitor thought she'd get you a better deal threatening sex discrimination and now that it is going to court she knows it wouldn't stand up (guessing). I'd take the offer, you don't seem certain that is was sexual discrimination. Also worth checking if your solicitor counts that as a win and will want some of that payment...

Gavin83

lincroft1710 wrote: »

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.

I agree with this. If a NWNF solicitor is effectively refusing to continue to represent on that basis it's a sign they don't feel the case is strong enough to win, or at least financially worth pursuing. Therefore I'd also suggest taking the offer.

Can I ask what sexual discrimination took place? The reason they introduced this was because without it you didn't have a case. If they've taped it on but none took place it doesn't sounds positive for your case.

I'm also curious how much you were hoping to receive. After 6 months service I'd expect the payout to be fairly small.

Fireflyaway

If this were me I'd walk away. You were there just 6 months and even stated yourself you 'unwisely' sought legal advice. I'd imagine it hard to prove your case based on the fact the solicitor repackaged it as you say. There are few grounds for unfair dismissal before the 2 year mark unless it is some sort of discrimination and compensation for sex discrimination is uncapped so potentially more money if you win.
Maybe I'm a wimp but you seem to be claiming for something that didn't happen and you could end up with huge legal fees. Based on that I'd take the offer.