Unfair Dismissal - advice, please..

[Unfairlydismissed]

Have namechanged as I am willing to give out a lot of details here.

I was sacked from my work a few weeks ago, without warning. I had been there for just over a year.

I got advice from ACAS, who suggested I appeal the decision. I did so, and was offered a months pay if I signed a declaration to say I wouldn't take it any further. I went to see a lawyer who said it is unfair dismissal and that we can claim.

I have left it with him but I don't know what is going to happen next? Can anyone give me any ideas of what happens now, what I have to do, how long it takes, what I am likely to get and what his cut will be (he is doing it for no-win no-fee)

Thank you to anyone who can help.

Compensation is based on financial loss that has resulted from the dismissal. So the tribunal will look at lost earnings, assuming you haven't got a new job by that time, and will take a view about how long it might take you to get a new job, and take it from there.

You must continue to look for work in the meantime, you are expected to mitigate your loss as much as possible.

Your lawyer will complete an ET1 form, which gives details of the claim and goes to your employer. There might then be a period of what's called 'conciliation', where ACAS get involve and try and negotiate some agreement between the parties to avoid it going to tribunal.

Have an explore of this section of the employment tribunal website, it goes through all the stages, and there is a guide leaflet to download which includes an indication of timescales.

But your lawyer should be telling you all this, tbh. He should be explaining to you what happens next and he absolutely should have been clear about the basis of his fee. You shouldn't be in any doubt as to what percentage he will get of any award you receive, or any other fee he will charge you.

Thank you so much for your help.

He has told me he won't charge a percentage, just a fair amount based on whatever I receive and the amount of time he has to spend on the case. I assume he can't know that in advance, really?

How will he know what my loss of earnings are? Will he have to ask for a specific amount? How will anyone know?

Obviously they can work out my loss of actual earnings, but should the fact that I have lost my tax credits and childcare costs not be taken into account?

Hmmm. I would want more guidance than 'a fair amount' based on what you receive and the amount of time, tbh. It needs to be worth your while going through this and if he spends ages and ages and decides to charge you a huge hourly rate, eating up all your award, it won't have been worth it.

If it isn't a percentage, there is less incentive for him to push for a higher award, as the terms you've said basically allow him to charge whatever he likes regardless.

You also need to be clear with him what counts as a 'win'. If it's 'no win, no fee', under what circumstances is a fee triggered for him? What happens if you settle the case before tribunal? Will any tiny settlement count as a 'win' and trigger a fee even though you may not get much?

He needs to at least tell you how he will calculate the fee, and give you examples of how time spent might adjust it.

He should be asking you about your losses, he should ask you about what you were earning and any other financial losses incurred. I don't know about tax credits but even if your employer was paying some of your childcare costs, they may baulk at that being counted as a 'financial loss', on the grounds that you are not (or need not be) incurring childcare costs while you are not in work.

If you are in some arrangement where notice needs to be given to a childcare provider so you are still paying for childcare you don't need, you could probably submit that as a cost, as long as you have sufficient proof.

Well, to be honest I am not too bothered about the money, I really want an admission of unfair dismissal, for future employment and my reputation in my career, not to mention preventing them doing it again.

He said it would be fair.. and it woul be worth my while. I didn't know that I should have asked

He did say a win would be if we get a settlement, or if we go to a tribunal and win.

He hasn't asked me about any other losses, obviously I am still paying for childcare as if I don't then DS will lose his place, and I am actively seeking work (have had a few interviews, all have said I was too experienced )

I am not expecting much money. I was sacked only 5 weeks ago, and I was earning £17,000 per annum.

Well obviously you know how much you trust this guy. I am a suspicious kind of person and would want more information about potential fees myself, and I definitely think he should have talked you through what it likely to happen. Obviously it's absolutely fine coming on here and you've got the tribunal website to have a look through which is great. I would just say he should be reassuring you as to what's going on a bit more than he is.

With regard to the childcare, you can certainly mention it to him to take into account, but just to be warned, your employer may kick up at it being a 'cost' to keep a nursery/childminder place. I'm not saying it's not legitimate, but they might. It also depends how long it's for of course. I don't think you could legitimately say childcare for an extended period of time is a legitimate cost when you are not working, so it might depend how long it takes you to get work/how long it takes to settle this case if that's what happens.

Of course if you get a job, your losses stop there anyway.

I would echo what flowerybeanbag has said about getting much, much more information from your lawyer.

I have seen a very poor example of this with someone I know. The lawyer did not spend ANY time on the case until the night before it went to ET - I think he was basing it on the fact that if there was a settlement, he would get a cut (it was on a percentage basis): easy money for an hour spent in the initial client interview.

The lawyer (based on absolutely no detailed knowledge of the case) opened settlement discussions at £30K- it would be like a negotiation and bidding process to him. The problem was that the man involved then perceived that the company had been unfair to him to the value of £30K.

When no settlement was agreed they went to ET and the night before the lawyer said "oh well,I suppose now I'll have to read the notes".

Halfway through, the ET was postponed, and a settlement for about £2K was agreed. The lawyer walked off with his money, but the man involved had been left with totally unrealistic expectations, and still feels he "lost out".

Most lawyers will cringe at this example because it is undoubtedly an exception, but please find out all you can about what your lawyer is doing on your behalf. He should be asking you questions about costs, and finding out about the facts surrounding your dismissal, (there may be other factors which could increase your likelihood of winning). Conversely his examination of the facts may suggest that the offer of a month's salary was reasonable.

Good luck,and importantly, during this period find things that help you keep sane and healthy.