Employment Tribunal

wildheart83

I am taking my former employer to an employment tribunal after using ACAS's early conciliation process. Is this something that is best done through an employment solicitor or can the individual do it themselves? 
ETA - I have a date for the preliminary hearing and just filling in the required paperwork. 

Undervalued

wildheart83 said:

I am taking my former employer to an employment tribunal after using ACAS's early conciliation process. Is this something that is best done through an employment solicitor or can the individual do it themselves? 
ETA - I have a date for the preliminary hearing and just filling in the required paperwork. 

It is certainly possible to DIY. You will be unlikely to be awarded your solicitor's costs even if you win your case.

That said, you will probably be more likely to win if a solicitor prepares and presents your case.

There is a saying "A man who is is own advocate has a fool for his client"!

saker75

It depends on the complexity of the case. I found the ETS staff slow but were helpful. I led a group case which we won. Was a huge amount of work and the process assumes you have knowledge of how the system works. 

wildheart83

Thanks both, it's definitely food for thought. I'm sure given time and patience I could DIY but on top of a full time job, life and everything else it probably will be worthwhile to pay for a solicitor. 
It's not particularly complex IMO, but I think it's definitely worth speaking to someone far more experienced than me. 

Undervalued

wildheart83 said:

Thanks both, it's definitely food for thought. I'm sure given time and patience I could DIY but on top of a full time job, life and everything else it probably will be worthwhile to pay for a solicitor. 
It's not particularly complex IMO, but I think it's definitely worth speaking to someone far more experienced than me. 

A solicitor will hopefully give you a realistic assessment of both the strength (or otherwise!) of your case and also its likely value if you win. Although there are sometimes headline grabbing awards the vast majority of successful ET claims lead to surprisingly modest amounts. A few years ago the average was only around £6K. Obviously many are settled for confidential amounts beforehand.

It is very easy for litigants in person to get bogged down in points that irk them greatly but often have no legal relevance at all!

k4renm4c

You need to get legal advice of what solicitors think the judge will say.  It doesn't matter if you disagree, they know how judges think and apply the law.

My advice would not to be naïve and think the law is fair.  The process is humiliating, disrespectful and biased against you as an employee.  They will undermine you by "making a legal point" that a civilian wouldnt be allowed to say.  They will try to discredit you as the problem and make/exaggerate things up.  The rules say a LiP can be vexative, but there is no rule for an employer to be vexative, yet of course they can, its just overlooked in their favour.  The bias is against you from the very start.  The more you object, the more you are seen as a problem.  They allow litigants to self represent but its just a pretence that its a fair process.  You have to represent yourself to same standard as a solicitor. The more you try to do yourself, the more the other side will pull it apart as not up to standard and get your case thrown out.  Trying to add in a solicitor later adds more problems as it is seen as a change.  Its better to get your legal claims clear from day 1.  They will undermine you on every admin point gpiong to avoid it getting to court.

Do not trust judges or solicitors to be fair, they know each other.  Do not expect a fair process and a fair outcome.  Do not expect it to be fast.  You will spend months or years of your life obsessing over it with little movement, its a very slow and arduous process.  Only enter into it if its a worth it.  It will take up a huge amount of your time, energy and stops you moving on.  And its not a process with individuals can be trusted.

I had a disability discrimination case where I was told for over two years I was not disabled, despite sitting there in a wheelchair.  The sheer ignorance by the judge, the ableism by the judge and the discriminatory comments from the other side's solicitors and key witnesses were outrageous.  Do not expect legal professional to uphold the law or treat you in a fair manner.  

Its not worth it, it just gets solicitors richer.  They will try to out wallet you or make you give up.

saker75

I wouldn’t be as cynical as PP but having legal assistance will definitely help.
My tribunal case took nearly two years and the company was in administration. I never got my full payment.

Marcon

wildheart83 said:

I am taking my former employer to an employment tribunal after using ACAS's early conciliation process. Is this something that is best done through an employment solicitor or can the individual do it themselves? 
ETA - I have a date for the preliminary hearing and just filling in the required paperwork. 

Go and sit in on a few hearings - they are open to the public (with very occasional exceptions). That should help you to decide whether you would like legal assistance, and more to the point, whether you want to put yourself through the ordeal (and make no mistake, it often is an ordeal) at all. People often have visions of 'showing their employer....!' when in reality they turn up, are completely tongue tied, often end up in tears, see the case (mis)reported by the local press and either end up with nothing, or a pyrrhic victory.

Bobbobbobingalong

k4renm4c said:

You need to get legal advice of what solicitors think the judge will say.  It doesn't matter if you disagree, they know how judges think and apply the law.

My advice would not to be naïve and think the law is fair.  The process is humiliating, disrespectful and biased against you as an employee.  They will undermine you by "making a legal point" that a civilian wouldnt be allowed to say.  They will try to discredit you as the problem and make/exaggerate things up.  The rules say a LiP can be vexative, but there is no rule for an employer to be vexative, yet of course they can, its just overlooked in their favour.  The bias is against you from the very start.  The more you object, the more you are seen as a problem.  They allow litigants to self represent but its just a pretence that its a fair process.  You have to represent yourself to same standard as a solicitor. The more you try to do yourself, the more the other side will pull it apart as not up to standard and get your case thrown out.  Trying to add in a solicitor later adds more problems as it is seen as a change.  Its better to get your legal claims clear from day 1.  They will undermine you on every admin point gpiong to avoid it getting to court.

Do not trust judges or solicitors to be fair, they know each other.  Do not expect a fair process and a fair outcome.  Do not expect it to be fast.  You will spend months or years of your life obsessing over it with little movement, its a very slow and arduous process.  Only enter into it if its a worth it.  It will take up a huge amount of your time, energy and stops you moving on.  And its not a process with individuals can be trusted.

I had a disability discrimination case where I was told for over two years I was not disabled, despite sitting there in a wheelchair.  The sheer ignorance by the judge, the ableism by the judge and the discriminatory comments from the other side's solicitors and key witnesses were outrageous.  Do not expect legal professional to uphold the law or treat you in a fair manner.  

Its not worth it, it just gets solicitors richer.  They will try to out wallet you or make you give up.

And then there is the "rule book" for Courts and Tribunals which is the polar opposite of this which you may be tempted to treat with a degree of scepticism. Have a read of that book, it details quite clearly how all involved in proceedings should expect to conduct themselves and how a Litigant In Person may be assisted.

https://www.judiciary.uk/wp-content/uploads/2023/06/Equal-Treatment-Bench-Book-April-2023-revision.pdf

wildheart83

I'm not remotely naive but I'm also not a legal expert and although I'm regularly in high pressure situations with work it's not personal. This situation is entirely personal! I've reached out to an employment solicitor to get some advice and I'll take it from there 

Marcon

wildheart83 said:

I'm not remotely naive but I'm also not a legal expert and although I'm regularly in high pressure situations with work it's not personal. This situation is entirely personal! I've reached out to an employment solicitor to get some advice and I'll take it from there 

But have you ever sat through a tribunal hearing?