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FAO anyone who has taken a case against work via employment lawyer help how does it work?

8 replies

Emmz0 · 18/05/2011 20:56

im thinking of taking case against work place, how do i keep costs down, what do i need to do, prepare, watch out for?

also didnt want to hire one and find out the case was weak. im not rich so want to keep costs minimal. is there no win no fee places?

OP posts:
K999 · 18/05/2011 20:59

What's your case about? Where do you live? In Scotland, legal aid may be available if you are financially eligible and satisfy the statutory tests.

Celibin · 18/05/2011 22:06

Phone the ACas helpline ;they will tell you where you stand.You do not give much detail so difficult to help

create · 18/05/2011 22:14

Second ACAS, they helped DH get a very useful payout (unfair dismissal) without a solicitor ever being involved. If you find you do need a solicitor, you may have legal cover on your house insurance?

Soopermum1 · 18/05/2011 22:16

An initial chat with a lawyer will give you a rough indication of whether the case is feasible or not. They can cost upwards of £150 an hour.

Or you could start off with Citizens Advice Bureau.

Agree with Celibin, need more detail

flowery · 18/05/2011 22:26

This is presumably on the basis of your other thread currently running.

As I said on that one, I can't see any case based on the information you've given - your role isn't redundant yet, it's only a potential risk, so your employer is not obliged to offer you work over other candidates.

If you want to talk it through with a lawyer many will give you an initial free consultation of 30 minutes or so. I wouldn't advise ACAS, their advice is often patchy, inconsistent and less-than-expert, and this isn't a straight unfair dismissal or anything like.

StillSquiffy · 19/05/2011 07:50

Emmz0,

Flowery is giving you good advice here. Taking employers to a tribunal is very stressful, time consuming, and rarely ends with a pot of gold. I haven't heard of no-win no-fee solicitors in this area and would be surprised if there are any because it is such a specialised area. If you did find a cheap solicitor it would be because they weren't very good. If it were me I would ask questions in this forum, get an initial consultation with a solicitor and then prepare the case myself. Once you know the basics of the law most of the cost comes from gathering, analysing and documenting information. I put in a claim for sex discrim and constructive a few years back and only used the lawyers when I needed to send the company something on their letterhead. It's doable but you need first and foremost to put emotions aside and deal with it as a purely business issue - very difficult in practice.

At the moment you don't have a case, although I can see your concerns from the other thread. The other problem I would have with any case that may arise is that although tribunals do support claims made under s10, it is my gut feeling that they are not really coming down like a ton of bricks on companies that flout this rule, because (a)it is very little-known and (b) applying it can put the company at risk of discrimination claims from men. So any payout may be small, unless this claim was part of a wider discrimination case covering lots of different issues.

That's not to say that there aren't things that can be done now. From what you say it seems that:-

  1. There will be redundancies at some stage in the near future
  2. Alternative roles will be in the North
  3. They are looking for people to agree to move up north in advance of the redundancy process
  4. There was coincidentally a recent internal vacancy in a role which you believe will not relocate, and this was filled by a colleague.

From the above there is probably no case, unless you can prove that the internal role just filled was only created in anticipation of the restructuring process and was not coincidental to it. Then you might have a squeek at proving that they only created and filled this role in advance in order to exclude you from consideration. But it would be a very risky case to take on and prove, especially if the role went to a female colleague. If you can give us more details we can advise further.

You also need to consider what you want to achieve? Is it a continuing local job or a payoff?

If you are looking for a continuing job at the current location then you will have to wait and see what happens in the redundancy. A riskier option if you don't mind getting HR heated (which can lead to them working out how to get rid of you) then you could send a letter/email to HR saying that you were very disappointed that you did not get the internal transfer you requested and that you are concerned to ensure that the redundancy process is fair, that selection of pools is carried out in accordance with current employment laws and that they are aware of the Section 10 regulations with regard to women on OML. Ask them to confirm that they are aware of the S10 regulations and will be acting in accordance with them.

TBH if you were my client I would advise you to sit tight and say nothing and wait to see what happens. Firing off emails turns the heat up and to be honest, I am not sure (without further detail) that your case warrants it at this stage.

StillSquiffy · 19/05/2011 08:13

Have just seen that you have set up numerous threads on this forum with different bits of information in each. I told you a month or so ago that you needed specialist advice regarding some of the deadlines they gave you, and I have also seen a post where you asked KatieM for a recommendation at Russell Jones Walker.

If you want to go down the lawyer route, Paul Daniels at Russell, Jones Walker is very good, but whole team are excellent. If it were me though, I would be inclined not to go to RJW, but to Bindmans, simply out of personal preference (my hunch is that Bindmans excel on the side of the employee, whereas RJW act on both corporate and employee sides, and their best partners may be compromised because of this so might not be able to work for you). Again the whole Employment team at Bindmans is excellent.

I would also recommend that you pull together all your posts into one summary and then one just post one thread here on this forum, updating it as you go along. Otherwise people will give you recommendations based on only bits of the information. We are all on your side but need you to help us along as well. You will need a lawyer if you are to pursue this (simply for the letterhead effect), but posters here will be able to give you plenty of advice to save you racking up the fees.

Emmz0 · 19/05/2011 17:22

thanks everyone for your help so far i really do appreciate it.

stillSquiffy - i agree its not helpful me posting in different threads i've now asked in the chat forum how to update the original post. I think i will either create new thread with everything in it or use an existing thread of mine.

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