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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Going to lose because I can't afford a solicitor aren't I?!?

29 replies

Ispywithmycynicaleye · 04/10/2022 12:34

David vs Goliath case, been told by the judge there is a case, which will subsequently change many workers lives for the better. But unless I find a solicitor I will have to pull out and they will win.

Why is the ststem set up like this? What is the point having channels workers can go down for all exits to be blocked unless you have the money to pay £thousands, which I don't. Legal aid isn't an option and all charities maxed out.

It's such a disappointment but a typical inevitable conclusion.

Sorry, its more of a rant than looking for advice 😡

OP posts:

mattyprice4004 · 05/10/2022 07:40

Ispywithmycynicaleye · 04/10/2022 15:37

If it’s going to an employment tribunal then the judge didn’t say you have a case - your employer tried to argue your case had no reasonable prospect of success and the judge decided that was not the case, which is a bit different

Actually this part happened, just as you explain, a while ago and not what I was referring to.

Equally, if it’s an ET they set no precedent, so it won’t have benefits for lots of other workers

It would when they realise what they're entitled to.

Referring to the last part of the quote, it wouldn’t because ET’s don’t set precedents and anyone in the same situation would find themselves as you have - unable to take it further.

orbitalcrisis · 05/10/2022 07:52

I did an employment tribunal myself against my former employers' solicitors. My ACAS rep. kept telling me to get legal advice as he didn't think I had a case, I refused, pushed ahead and got more than I originally asked for. The ACAS rep. tried to get me to settle for 20x less than I got, he told me that I should take it as it was more than I was entitled to as far as he was concerned.

Keep going with it. If you have a case you have a case. Solicitors cannot change that, they cannot change the law.

Madlollyoftheshire · 05/10/2022 20:45

I completely get where you're coming from. I was in a similar situation with a previous "employer" who insisted I was self-employed despite all the evidence to the contrary ie HMRC Employment Status checks and the situation in practice. I couldn't access union or other support as I wasn't classed as an employee (which was entirely my issue!) and the situation did not fit into the right box for a "no win no fee" lawyer. I believed the evidence was strong enough to start the ET process myself with the hope the "employer" settled at the arbitration stage, which they did. I negotiated more than I thought I could but had to sign an NDA as part of the settlement, which meant I couldn't tell anyone else who may have also benefitted 😡. I'd walked away from the job by then so had nothing to lose. I honestly don't know what I would have done if I had to represent myself at an ET, and I'm a strong person mentally. I'd say go for it yourself and see if they'll settle at arbitration.....but think about whether you want to keep your job. Good luck!

lightand · 19/02/2023 07:19

I keep wondering how this all went, op?

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