Empolyment Tribunal

libi

Hi guys,
I`m processing my claim to ET as unfair dismissal. I`ve my hearing dates and my preliminary hearing will be over the phone. As my first language isn`t English can I ask interpreter for this hearing? Also, i`ve no any experience how ET works and my ex-employer already sent me email if I withdrawn the claim they wont pursue the cost of ET. I was looking for a No win no fee solicitor but they want £1500+VAT upfront. Where can i get some advice about my case. I think its a strong case, but i`m not an expert and obviously don`t want to push a hopeless case. Shall I just pay a consultation for a proper solicitor to see what is his opinion?
Many thanks.

Lioness_Twinkletoes

You should have taken legal action before you started your case. I'd strongly recommend you get some legal advice.

Comms69

You clearly don't understand how this works. If a no win, no fee solicitor is refusing to take it on for less than £1800, I'd say you have no hope.


Why do you think you were unfairly dismissed?

sangie595

Comms69 wrote: »

You clearly don't understand how this works. If a no win, no fee solicitor is refusing to take it on for less than £1800, I'd say you have no hope.


Why do you think you were unfairly dismissed?

Oh yes, this! If a no win, no fee solicitor wants a fee, then you are seriously in trouble - they don't think you have a case. If they thought you had a case, they would not be asking for a fee!!!

There is no automatic right to an interpreter, and my understanding is that you may have to pay for one, that you need the courts permission in advance and that your are only entitled to one for the actual hearing, not pre- hearings. I may be wrong - this isn't a problem for the union as we have them if we need them. But we pay for them.

I don't know if your have a case or not, but if the employer is threatening to apply for costs AND a no win no fee solicitor wants money, then I'd be concerned you are seriously at risk here.

jobbingmusician

I'm not so sure. Employers always seem to threaten costs. I do take the point about solicitor's fees.

However.....

You don't need a solicitor to bring an ET. It doesn't cost anything to raise one.
I would be worried about a phone hearing, too, if English wasn't my first language. I have no idea about an interpreter, but would ask the ET service if a friend could act as interpreter as you will find comprehension without the reinforcement of lipreading and body language difficult.

I would also post a disguised summary of your case here, to try to get some advice about how to go about it. A very long time ago I did start an ET thread which at least tells you about things like bundles and timelines, if you want to search for that.

libi

Thanks for the advice,
I talked to the citizen advice bureau before I started the claim. They told me to talk to the local Legal Advice center. So i`ve done it. They had all my documents about my case, and told me I have a good chance to win, but they can`t represent me.
Also today I have talked an another "no win no fee" solicitor who told me there is no no win no fee solicitors in these type of cases. The other one, who asked upfront cost, doesn`t even bothered to see all my paperwork. He asked a few thing and that was it.
I`m definitely looking for some legal advice as I said don`t want to push a hopeless case, but seems like the only option is to pay the £200/hour fee for it. :huh:

lakes17

Have you checked your home insurance policy as some of them cover for legal advice on employment matters

libi

I`m not a home owner, so I `ve no home insurance.

FBaby

The other one, who asked upfront cost, doesn`t even bothered to see all my paperwork. He asked a few thing and that was it.

Probably because they knew just from what you've said that you had no case. For a start, have you work for that company over 2 years?

libi

I've worked there for four and half years. Probably otherwise I couldn't have an ET hearing date. So after 5 minutes over the phone conversation a solicitor can decide that Ive no case. Doesn't sound too wise for me, the other said she needs at least 4 hour to go through all the docs, after than she can give me an advice.

sangie595

You need to understand that, as I said, nobody here can begin to suggest whether you have a case or not - you haven't told us anything upon which to base an opinion. So all that any of us can comment on is the the reaction of professionals.

What you are saying here is based on a wrong premise. There are cases that you could tell me three lines of facts and I can tell you have no hope of that claim. So a solicitor certainly can decide within a brief phone call that you won't win. It is possible to do that. Equally, I can read file notes for four hours and charge you a nice little packet to tell you you have no case - that didn't mean that I've been more thorough - it could mean I saw a mug coming who would pay up. Just because people are solicitors doesn't make them "honest". I hasten to add, I am not a lawyer, but I probably know more about employment law than some solicitors do! There's little money in employment law for many solicitors, so their knowledge may not be good.

As you have been told, you don't need a solicitor. But it's an uphill battle without one. It isn't true that there are no no-win no-fee solicitors for unfair dismissal. There are. If there is money to be made there are always people willing to make it! But I'm going to strongly advise you not to pay for one. Unless you have money to burn. Because then you will be committing many £ thousands to costs that are very uncertain - the solicitor will almost certainly also want a barrister for the hearing! They don't need one, but they often get one anyway.

My concern about your case is based solely on the fact that no solicitor wants to represent you combined with the threat of costs. Not just on the threat of costs, which on its own isn't unusual.

But other than that I can't really advise you further because you haven't said anything.