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lawyers and advice I feel they should have given...

8 replies

friendly · 07/04/2008 14:07

My dh was made redundant in January. It was out of the blue. Prompted by change at the top and, I think, a personality clash. My brother put him in touch with a good friend of his who is lawyer. She was very helpful and thought he definitely had a case for unfair dismissal as apparently they had not followed the proper procedure. He was also appealing against his redundancy as he held a global role (redundant) and a head of London role (not redundant - nor were any of the other heads made redundant in their other offices around the world.) He didn't want to take them to court necessarily but he did want to explore all avenues. Once my brother's friend had helped him all she could she put us in touch with an employment lawyer contact of hers. She rang dh and said that as she was quite expensive she would pass his 'case' over to one of her juniors. All fine up to now. We were told by the junior that it would cost £400 for a 2 hour consultation. I feel cross with myself because I encouraged dh to go ahead with this. We had been recommended this firm and I felt that if we got some really good advice dh could go into his appeal confident with his rights etc and we could perhaps bash it on the head. Anyway he saw this woman and thought she was really good. She talked him through his appeal but at no point, and he was with her for over 2 hours, did she mention to him that if he was to get another job he would not be able to pursue his unfair dismissal claim should he choose to.

We have 5 children and a pretty big mortgage and there is no way dh was not going to try and find another job. In fact both my brother's friend and the lawyer he saw knew he was looking for another job and had a couple of offers pending. Why didn't they mention this to him? The only way he found out was when he decided to accept one of these offers he rang the solicitor to ask where he would stand and found that she was on holiday. He asked to speak to one of her colleagues who told him that it would affect his case so that in fact he would have no case.

I just feel cross that dh worked so hard for this blimming company for 4 years, built up a team and turned up one morning and was canned. He was given statutory redundancy of which 2/3 (because he went over the 2 hours and VAT) will go straight to this firm of lawyers who in my opinion could have informed him over the phone and did eventually exactly where he stood re reemployment. Sorry for rant I feel duped again.
It doesn't seem fair that employers can get away with treating people this way. They didn't warn him of his redundancy, didn't follow correct procedures and it seems his deputy is now carrying out his job in all but name.
Sorry again I just feel cross for dh and annoyed that despite my research on the internet I didn't find out about not being able to proceed with a case for unfair dismissal if you found a new job.

My question to you all is should dh tell this solicitor that he feels he should have been informed re the new job if she had been doing her job properly?
I'm sure we'll have to pay and dh wants to and move on, I just feel we did not get sound advice and we certainly didn't get our monies worth. What would you do?

Poor dc want lunch and ratty mothers on the computer again. Thanks for listening I feel better having posted...

OP posts:
flowerybeanbag · 07/04/2008 14:11

friendly there is nothing saying he can't pursue a case for unfair dismissal, it's just that there's no point if he has another job.

Compensation is largely based on what the loss is, and if he's got another job, his loss will be nil or very little, and certainly not worth the legal fees it would cost him pursuing it.

Have you asked about the firm's complaints procedure?

claricebeansmum · 07/04/2008 14:12

I can't believe a claim for unfair dismissal can not be persued if you take another job.

Sueing a solicitor is notoriously difficult.

Miggsie · 07/04/2008 14:18

You can claim unfair dismissal and have 17 subsequent jobs as far as I know...but the free info is government page
I know someone who sued a firm of solicitors when she was sacked...for being pregnant.
Luckily, as a solicitor herself she represented herself. Her firm were so arrogant they thought that, as solicitors, they would not be sued.
My brother has sued his solicitor for negligence but he had to find a solicitor willing to sue another first.
Both these cases won...

titchy · 07/04/2008 14:29

Claims can be persued. But compensation is just that - to compensate for loss of earnings due to bad treatment from employer. If there are no loss of earnings then you cannot be compensated for this. You could get some money to 'loss of feelings' but this is usually a paltrey amount. Best bet is to win your case THEN get a job.

dramaqueen · 07/04/2008 14:35

If I were you I would speak to the firm of lawyers and tell them you are unhappy about their advice because of XYZ. You may well be able to negotiate the bill.

flowerybeanbag · 07/04/2008 14:38

AFAIK current case law indicates that you can't claim any compensation for injury to feelings in an unfair dismissal case.

I disagree with titchy that the best bet is to win case then get a job. Firstly, you might not win so that's risky and possibly expensive. Secondly, a tribunal when awarding compensation will expect you to have mitigated your loss by looking for employment. As your DH has got another job, I do agree with the advice he has been given not to pursue his claim.

That doesn't mean he shouldn't complain about the individual who advised him if he' not happy but it's difficult to see what would be different if she had mentioned the impact of alternative employment on his claim in the initial consultation.

friendly · 08/04/2008 16:19

Thanks everyone for replying. He is definitely not going to pursue a claim for unfair dismissal. We just wish we had known that there was no point pursuing it if he had another job in the pipeline before we incurred £££ of fees. I know we are lucky that he was able to find a job so quickly. Just cross people can get away with treating people so badly. Anyway I am going to try and persuade him to write to the solicitors before we pay and say that we weren't happy with advice and see what they say. Certainly won't be taking any solicitors to court! Realise we will probably have to pay but feel a bit better sticking up for ourselves! Thank you again for reading my long and rambling post.

OP posts:
friendly · 08/04/2008 16:20

Thanks flowerybeanbag for clarifying my point. Hadn't thought about it that way.

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