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Employment Tribunal Advice

(4 Posts)
dogged Mon 24-Jun-13 01:48:01

I have a tribunal hearing commencing on 6th Aug for 5 days and it's a rather complex affair. I had a CMD and was advised by the judge to seek legal assistance if only with creating a schedule of loss, but ended up being convinced by the solicitor to let him manage the case on my behalf. The claim (according to the CMD summary) is for Unfair Constructive Dismissal, Automatic Unfair Dismissal, Discrimination (on grounds of pregnancy and maternity), Non payment of wages.
My solicitor has determined that it is most likely to succeed if he concentrates on unfair dismissal (not constructive or automatic), but I am convinced that my case is actually constructive dismissal given that I have tangible evidence including e-mails in my possession which read things like "that's why us old girls are better to employ" and "in my day, dad's went to work, Mum's look after the babies", "think this could get nasty, she knows her rights", ALONG with requests to attend investigatory meetings about which I requested more details and was denied, AND having been called into work on the 6th day after giving birth (request was actually made the same day that I gave birth) and requirement by employer for my return to work in the office premise at least 4 days per week (although when I left I was working 2 days from home and just 3 days in the office) AND failure of employer to carry out risk assessment even to date.
Can anyone advise if I'm being over confident to consider going against my solicitor and requiring that he continue on my instruction rather than letting him go about it his way? (He is working on a No-Win-No-Fee basis so I can't just pull out of the contract we have now, but I am concerned that I made a mistake in agreeing to hand this over rather than deal with it myself).
Optimistic and eager for any help!

flowery Mon 24-Jun-13 08:05:56

Did you resign or did they dismiss you? Constructive dismissal is if they make things so difficult that you feel you have no option but to resign. Unfair dismissal is where they dismiss you either for unfair reasons and/or using an unfair procedure.

virgil Tue 25-Jun-13 12:14:07

Yes, its not a case of choosing between constuctive unfair dismissal or unfair dismissal. If you left it will be constructive dismissal, if you were dismissed by your employer it will be unfair dismissal. It can't be both.

The emails that you have cited refer to the potential discrimination.

Is your solicitor actually a solicitor working in a law firm or is it a claims management business?

mariefab Tue 02-Jul-13 13:30:40

You were called in to work on the 6th day after giving birth!?/emo/te/5.gif

Did you go? Did you do anything that could be described as work?

If so your employer is guilty of a criminnal offence.

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