unfair dismissal solicitor help please

cece_3

I got a p45 in the post last week from my employer without any prior warning. I contacted ACAS, filed a report with the employment tribunal who then contacted them. I do not wish to return to the job because a new manager fired a click of us and brought in new guys, and returning would mean working under him, I would rather go elsewhere, however, I want to be compensated. I was very concientious and on my way to management status. I am obviously very hurt especially as I was on my paternity leave just 4 months back.
Is it worth getting a solicitor (one of the no win no fee ones as I can't afford to pay for one, or should I go it alone).
Any advice appreciated

ckerrd

Have ACAS advised you do do anything?
Have you tried the CAB?

Has your (old) employer got an HR department that you can contact?
Did you just get a P45 or was there an accompanying letter setting out the grounds for your dismissal?

Ewarwoowar2

Most important question - what was your length of service with your ex-employer?

ceridwen

...and also a very important question......the Union! Have you got one?

dmg24

Have you filed a grievance/ appeal with your ex employer? You need to have exhausted internal procedures before going to Tribunal.

cece_3

thanks all, have worked with them for about 14 months, no union, I had no acompanying letter to say why I was sacked. I called the HR and the lady said I as sacked by the new manager who should have really not sacked me the way he did, she then kind of offerred me my job back working under the same guy. To say it would be hell would be putting it mildly so I want to be compensated. I am not buying the whole, "no one knew anything about this," I think they thought I would go away quietly-since forgive me for thinking like this- I am from a different ethnic background from the bulk of the company, -I really hope this is not the case but why else would they just do that to me

ckerrd

I have know HR departments no to know what is going on because heads of department have done their own thing. Employing people without a proper selection process, sacking people without following correct procedures.

If what you say is correct then it sounds as if you can have them for unfair/constructive dismissal.

mumoftwins

Contact Community Legal Services (CLS) on www.clsdirect.org.uk they will give you advice on solictors that can give you advice in your area. However, be careful as I went down this route earlier in the year and couldn't find a solictor who would help me with legal aid - but that may be because I didn't phone CLS first !

Good luck and HTH

Ewarwoowar2

Before you do any of that, check your home contents insurance (if you have some). Very often it includes employment legal expenses insurance. Your home contents insurance could pay for a solicitor to bring a claim.

You have a clear claim for unfair dismissal. It's a clear case because they've failed to follow the statutory disciplinary procedure. You've been automatically unfairly dismissed. Therefore, if you make a claim to the employment tribunal, all that's left to decide is how much money you should get. This could mean that any compensation awarded to you is increased by up to 50 %.

You are under a duty to mitigate your loss. Therefore you should try to find another job and keep records of the applications you've mad (keep copies of the letters you've sent out).

morch

Claims of this nature are not usually covered by legal expense insurance

Most decent law firms will probably take up to 33% + vat of any compensation awarded for unfair dismissal. However a good firm is worth every penny because you have a far better chance of a) winning the case and b) obtaining the right sum in compensation.

There are all kinds of issues with claims of this nature such as pension rights, loss of benefits etc. Make sure you dont get short changed by choosing the wrong sort of firm.

If you are checking insurance documents for legal cover - dont forget to also check your credit cards - believe it or not some also provide legal assistance for certain claims

flashnazia

I have taken a case to tribunal (and it was a complicated discrimination one too) and my advice is to go it alone.
Solicitors can be useless and will take the bulk of your compensation. Unfair dismissal claims aren't worth as much as discrimination claims etc because you can't claim for injury to feelings. All you can claim for is your financial loss like loss of earning and pension rights.
If you don't want to go it alone the only options are a law centre if there is one locally or if your CAB has an employment specialist. Having said that, funding for this has dwindled over the years.

If you are worried about going it alone I suggest sitting in on one. You can find out where your tribunal office is from net and you are free to watch one (except some sex discrimination cases where employment tribunal judbe had made an order that it isn't public).

Tribunals have a duty to ensure both parties have an equal footing so they should explain more to an unrepresented party.

Btw, if you are owed notice pay and unpaid wages and hols you should have written to the employer about it before putting you tribunal claim in.