unfair dismissal solicitor help please

realshannon

Hi, I used my home insurance legal service BUT the Employment tribunal service is fairly straightforward BUT you need to pursue the company's grievance procedure before you go this way as without it they generally wont look at it. there is a good website and although your claim isnt disability related go onto the disability rights commission website and look up employment tribunals as there is a good section on it there. Think also about insurance on your credit cards or mortgage maybe another option.
Best of luck :j

Milarky

flashnazia wrote: »

I have taken a case to tribunal (and it was a complicated discrimination one too) and my advice is to go it alone.

I disagree. I went it alone and got skewered on the technicalities and procedures. Lawyers are sharks and you need one if they've got one - always. If you do represent yourself you could be put straight under oath and cross examined without even being allowed to give your 'evidence in-chief' (i.e. your version) first. There is no equality in tribunals. You can have a compelling case and the other side (which gets to go first, btw, in a reversal of normal ligitation) enjoys the benefits of having to establish minimal actions were carried our to make it 'fair' again. Don't forget 'contribution' can also be argued - which means that, although guilty of your unfair dismissal, your boss can claim that you acted in some why that brought it about. This can render compensation for losses down from 100% down to 0%! ('150%' although it is possible is presumably for the one or two lucky claimants in practice who get a sympathetic lady chairman?) The Chair is the only person that counts. Don't believe any gush about the side members knowing their onions or having influence. They don't.

Yes, go through internal appeals first, as required by the tribunal laws now, and from what you say the firm has effectively accepted they are at fault and will now act responsibly. If you want compensation (and a good reference) instead of your job back that sounds exactly like the kind of situation where you need a qualified advocate - preferably union - present. By law, you can't take a solicitor into such internal procedures without the agreement of the employer unless your contract extends your statutory right of accompaniment (e.g 'spouse or close relation' is sometimes written in)

Isn't it funny, that by law every job exists because an 'employee' and an 'employer' have to form 'an agreement' and either party is 'free' to suggest any aspect or detail before the employment can come into being - whereas in practice 99% of jobs 'exist' because the employer makes an 'offer of employment' whose details are unknown at the commencement of the employment - let alone discussed in advance. In other words employers have the upper hand in all matters despite supposed legal equality. And that natural advantage continues at all stages.

Good luck with it.