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i signed....can i get out of it? help please...and fast!!

(21 Posts)
TwasTheNightBeforeXmasOwl Fri 17-Dec-04 03:14:13

im taking my ex employer for sex descrimination. wont go into it again but i went to CAB who are handling it for me. they said they thought i had a case (after much discussion about the legal "loophole" i seem to be in) i signed a paper saying i would not contact another solicitor. now however, im finding that CAB seem to think im wasting their time...i could be wrong but its the impression i get. it is a complicated case but definately not trivial. i think i am going to lose as CAB dont seem like they know their ar*e from their elbow sometimes IMO. can i ask for advice elsewhere? what happens if i "sack" them and find a decent solicitor? can i even do this? am on benefit at the moment if that makes any difference. case discussion is set for January so i need to move soon?

kid Fri 17-Dec-04 07:18:29

I don't know what happens if you go to another solicitor, wouldn't CAB just refuse to help you on this case anymore?
How about if you phone a solicitor and ask them. You don't have to tell them about the case and as you are on benefits, you would get legal aid. Good luck.

FestiveFrex Fri 17-Dec-04 07:27:18

I'm not certain that legal aid is available for employment tribunals. The whole point about ETs is that they are supposed to be informal enough that legal representation isn't necessary - although most employers will have a lawyer.

I'm not certain what this paper is that you've signed. Did you keep a copy? Can you tell us what it says?

kid Fri 17-Dec-04 07:30:53

thats a shame about the legal aid. If they have a lawyer then surely its only fair that you have one too?
What a worrying time you must be going through, hope you manage to find out something positive so you can try and enjoy Christmas.

IwigitcouldbeXmaseveryday Fri 17-Dec-04 08:57:15

Message deleted

emMerryChristmastmg Fri 17-Dec-04 09:09:28

wiggy to the rescue!!!

you're fantastic!

FestiveFrex Fri 17-Dec-04 09:48:08

The form might simply be a form of authorisation, which means that they can act on your behalf. Many organisations/agencies won't deal with CAB unless they have your written authorisation.

IwigitcouldbeXmaseveryday Fri 17-Dec-04 14:17:07

Message deleted

TwasTheNightBeforeXmasOwl Sun 19-Dec-04 01:24:19

Message withdrawn

TwasTheNightBeforeXmasOwl Sun 19-Dec-04 01:25:57

Message withdrawn

FestiveFrex Sun 19-Dec-04 08:24:47

Sounds like they are trying to use redundancy as a way of getting rid of people. However, just because they call it redundancy doesn't mean that it is. Did they make any redundancy payments?

To make someone redundant, they would have to prove that the job no longer exists, and this is clearly not the case as your colleague is now doing your job. It strikes me, from what you have said, that you could claim unfair dismissal and sex discrimination (on the grounds that you wouldn't have been dismissed if you were a man with children).

Who owns the company? Is it the same people as before?

IwigitcouldbeXmaseveryday Sun 19-Dec-04 20:11:57

Message deleted

mrschristmaswallace Sun 19-Dec-04 20:22:06

cant advize but had experience with cab myself and the people who where supposed to help me where shite, ended up with crap pay off before court9their recomendation not my request!). ring a solicitor to ask for free advice on what youve done and then they can advize you on where to go next

TwasTheNightBeforeXmasOwl Mon 20-Dec-04 03:51:40

hiya, sorry about the deleted messages. it was at my own request. i gave a brief explaination of what happened and then was reminded by a friend this morning that its possible my ex-employer has a friend who did/does use this site. as its a rather unusual case it would probably be easy to identify me and perhaps not a good idea that they saw i wasnt too confident about my case...if that ramble makes any sense at all!

TwasTheNightBeforeXmasOwl Mon 20-Dec-04 03:54:48

i did say amongst other things that most of my (good) local solicitors already act for them and some of the others told me they dont do legal aid. one i spoke to wanted over £100 an hour which would be just to tell me if i had a case..i cant afford that. feel a bit stuck.

FestiveFrex Mon 20-Dec-04 07:04:02

Do these solicitors act for them on a regular basis? Ask when they lasted acted for them. After all, your employers could place a small amount of business with every good local solicitor and thereby stop any other local people having access to decent legal advice.

Find out what type of work these solicitors have done. After all, if they have been responsible for, say, drawing up a sales contract for them, I can't see that there would be a conflict of interest.

TwasTheNightBeforeXmasOwl Tue 21-Dec-04 03:50:49

the problem is, i cant remember what they used them all for. i just remember having to type letters to them. stupid paranoid question...if i were to phone one of them up would they be able to tell my ex employer that i tried to use them?

FestiveFrex Tue 21-Dec-04 07:05:58

Wouldn't think so. Chances are the person you would need to use probably didn't act for your ex-employer and might not make the connection.

When you initially call, don't mention your employer' identity, get some advice as to the merits of your case and then decide whether to instruct them. At that stage they can say whether they can act or not.

TwasTheNightBeforeXmasOwl Fri 24-Dec-04 02:15:56

i received some more information from the receivers yesterday and telephoned cab to see if they wanted me to send it..he didnt even get back to me. wonderful!

FestiveFrex Fri 24-Dec-04 08:22:33

Chances are they were at their Christmas lunch. Don't forget that the vast majority of CAB workers are volunteers and so the person you needed to speak to might not have been working that day.

TwasTheNightBeforeXmasOwl Sat 25-Dec-04 00:10:47

he was working...he was in a meeting well if i lose, then i lose..nothing i can do. disgusting that employers can get away with things like this...i doubt very much im the only one this happened to.

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