Cost reductions when unemployed

Fedcas65

Ayr_Rage said:

As your 3 topics progress you seem to contradict yourself more.

Unfairly dismissed when actually selected for redundancy which you believe may have been unfair.

This being reviewed by a lawyer that you said you cannot afford, are they working pro bono because of the injustice of your situation?

Unemployed but then still employed for a short while longer so still being paid with your redundancy pay out to come.

Are they paying more than the statutory amount and how many years above the 2+ you quoted have you been employed?

Have you contacted your insurer and ascertained whether they will pay you for being out of work?

I am rather surprised that you do not know about unions as they part fund the current party in power as well as representing the doctors currently on strike.

It's difficult to explain everything in the "present", as some things are supposed to happen later and I don't know how it'll go, hence you feel I'm confused, so I'll try to reply to all your questions.

The redundancy is unfair, full stop, it would be clear to anyone but you just need to trust me on this. The lawyer took the money for the service provided so far, but any tribunal claim will cost me 15-20k from now on, just to start the process...

Yes, I'm still employed, at some point I probably said that I wasn't because I needed to get an answer on something I guess, by making the mind of people reading the post, I was trying do not confuse people.
For example, if I had said I was still employed and then paid by the unemployment insurance, no one would have taken the time to explain me the rest, they would have just said "come on, you got it", do you understand?

The company will pay the statutory amount.

My insurer won't pay until it's decided, the decision will taken much later, so I wanted to know in advance on what to do next, as I only have 5 days after the termination of employment to make any tribunal claim, and I was hoping to be represented by one of those trade unions.

Believe me or not, but I didn't know how much a private lawyer costs, I knew about unions but in my case I thought it was possible to expense a lawyer, but imagine you just lost your job and someone asks you to invest 20k just to start the tribunal process...
Also, my industry is what it is, it's not one of those with "rules" or with public employment, so the unions for me were always something useless also for that, in IT you don't have "rules"....

Ayr_Rage

In IT the employment LAWS are exactly the same as anywhere else and the unions play their part ensuring companies comply with those laws.

As for the unfair redundancy that is subjective.

Good luck.

elsien

I’m not recommending a tribunal claim because the chances of winning can be very low and it can be a very stressful process.
Having said that, why do you think you only have five days after your employment finishes to start a claim?
There are time limits, but they are not that short.
https://www.acas.org.uk/employment-tribunal-time-limits

You could run it a no win no fee solicitor however If you change your mind and drop out partway through the process, you will liable for any fees accrued So that’s not a decision to be taken lightly. They will also only take on cases that they still have a good chance of success, so if they decline you that means your case is not as good as you think it is. 

Fedcas65

elsien said:

I’m not recommending a tribunal claim because the chances of winning can be very low and it can be a very stressful process.
Having said that, why do you think you only have five days after your employment finishes to start a claim?
There are time limits, but they are not that short.
https://www.acas.org.uk/employment-tribunal-time-limits

You could run it a no win no fee solicitor however If you change your mind and drop out partway through the process, you will liable for any fees accrued So that’s not a decision to be taken lightly. They will also only take on cases that they still have a good chance of success, so if they decline you that means your case is not as good as you think it is. 

The tribunal is the only way I have, as the company wouldn't agree on anything, plus, if that happens, I wouldn't be covered in anyhow by the unemployment insurance.
Question, can I just make the claim without a lawyer, I'd present the case the way it is and hope for the best? I'm asking as in some country is possible...

Ayr_Rage said:

In IT the employment LAWS are exactly the same as anywhere else and the unions play their part ensuring companies comply with those laws.

As for the unfair redundancy that is subjective.

Good luck.

If you don't know the IT environment, you won't understand that it's like dreaming rights in a favelas...

elsien

You can go without a solicitor and DIY it. I would suggest that you might want to be aware of the potential for them trying to claim their legal  costs against you if you did lose.
Have you spoken to ACAS at all, because mediation would need to be the first step anyway?
Also what would you hope to achieve by going to tribunal - Compensation? Something else?

https://www.citizensadvice.org.uk/work/employment-tribunal/employment-tribunals/before-you-go-to-the-tribunal/if-youre-thinking-of-making-a-claim-to-an-employment-tribunal/

Fedcas65

elsien said:

You can go without a solicitor and DIY it. I would suggest that you might want to be aware of the potential for them trying to claim their legal  costs against you if you did lose.
Have you spoken to ACAS at all, because mediation would need to be the first step anyway?
Also what would you hope to achieve by going to tribunal - Compensation? Something else?

https://www.citizensadvice.org.uk/work/employment-tribunal/employment-tribunals/before-you-go-to-the-tribunal/if-youre-thinking-of-making-a-claim-to-an-employment-tribunal/

I checked with the lawyer too and no one can claim any compensation for having won the case, at least for unfair dismissal or unfair redundancy, call it as you wish, other cases are different.

What ACAS would do?
Is it a proper lawyer service? How much does it cost?

What I want to achieve, apart from a grievance currently unresolved, I need to make sure that either the unemployment insurance or the company will expense my unemployment, up to max 12 months coverage of my unemployment insurance ofc.

elsien

You are presuming that you will win. It is unusual for costs to be ordered against the losing party, but it’s not entirely unheard of. 

ACAS is free. They are not on one side or the other so they won’t represent you. They are meant to be an independent mediator and attempt to resolve things before it gets to the court stage. I’m not sure that you’ve read the link that I posted where this is explained because for some dispute, you have to go through ACAS first before taking it any further

https://www.acas.org.uk/