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Original poster

employment lawyers.....

25 replies

GoSuckEggs · 11/06/2013 11:51

I have been speaking to a no win no fee lawyer, and they are wanting a £100 for a risk assessment. is this usual?

can anyone recommend a lawyer? Can we get a good lawyer via our insurance? the lawyer i was speaking to said that the insurance will try to say that we have no case because they wont want to pay out.

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LittleBearPad · 11/06/2013 14:02

Why don't you phone your insurance company and ask them rather than depend on the word of a lawyer who wants your business. Many lawyers also offer free initial consultations I believe. You could also try this.

flowery · 11/06/2013 14:10

Well, he has a little bit of a point about the insurance. Although it's good that many people have legal cover with their insurance, what that usually means is that they choose a lawyer for you, one they usually use, and that lawyer has to provide an opinion as to whether there is more than a 50-50 chance of success.

Obviously the lawyer isn't really working for you, he/she is working for the insurance company, who would prefer he/she gave the opinion than there is less than 50% chance of success...

If the legal opinion is no, then the conditions of the policy are usually satisfied and you are entitled to no further assistance.

Check your own policy, as that might not be the case but do bear that in mind.

I wouldn't use a no win no fee for this type of thing if you can possibly help it either. Many lawyers will have an initial consultation without charge, where they assess your case and may advise you of probability of success/what the claim might be etc

Ask for recommendations locally, or post on the local site here, or say what area you are in and people might know someone.

Original poster

GoSuckEggs · 11/06/2013 15:31

I could not afford a solictor otherwise. that is why i thought the no win no fee solicitor would be a good idea. I just was not sure if it was normal practise to pay £100 for a risk assessment. what if they just make their money from pocketing the £100 each time?

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flowery · 11/06/2013 16:14

Honestly I'm not sure whether the £100 is normal, as I've never used a no win no fee before. I would suggest definitely contacting your insurance - if you do have legal cover that's worth using even if you decide later that you're not happy and prefer to go another way - you don't remove that option by getting an opinion from your insurer's solicitor.

Then if they think there's a case but not enough that they'd take it on, you can consider no win no fee as an option.

Do you want to post some details here so we can give you an idea of how much of a case you might have?

Original poster

GoSuckEggs · 11/06/2013 16:54

i did post on another thread, about the problems i was having. someone pm'd me offering to call and give me an idea. they did call but i missed it, they offered to call back the next day and now they have ignored me ever since! not sure what happened there!

it is quite a long story, it happened over a year.

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Original poster

GoSuckEggs · 11/06/2013 16:54

how much would i be looking at if i paid for a lawyer myself?

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annh · 11/06/2013 17:04

That is unfortunately like asking how long a piece of string is .... if your case is complex, requires medical evidence etc the costs could be substantial. On the other hand, if a lawyer says after one/two meetings that in his/her professional opinion you do not have a case, cost will be minimal. The real scenario is likely to be somewhere between those two points, impossible to say without having at least an idea of what your main issue is.

Original poster

GoSuckEggs · 11/06/2013 17:14

the main issue was stress in the work place due to verbally abusive and aggresive customers. company doctor twice recommending respite from that particular workplace. company offering a week, then giving me a different ( better paid, but not offering me extra pay) job role, that inolved travel to several sites. there was an option to give me respite at one site, but they prefered to let a part time member of staff work there inside, earning over time.

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annh · 11/06/2013 17:35

Did ypu resign? Are you claiming constructive dismissal? Did you follow and exhaust the company's internal grievance procedures first?

Original poster

GoSuckEggs · 11/06/2013 17:56

yes i resigned, yes i think constructive dismissal.

i am not sure. i dont think so. I was in near constant contact with my manager regarding this. i did take a grievance with a superviser who had called me whilst i was off sick and was expressing to me how stressed HE was by my situation, there was no action taken, just more training.

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flowery · 11/06/2013 18:22

Your case sounds complicated and c

Original poster

GoSuckEggs · 11/06/2013 18:24

oh god, now you've left me!

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flowery · 11/06/2013 18:25

Oops sorry!

Constructive dismissal is notoriously difficult and stressful a claim to bring.

I really recommend you find a decent employment lawyer and have a half hour usually free consultation at which you can explain all the ins and outs and get an idea of whether a claim is viable and/or worth it.

You have 3 months from the date you left. Bear in mind that compensation would be based on financial loss only so if you have a new job or get one soon, that will impact on whether a claim is worthwhile.

flowery · 11/06/2013 18:25

Original poster

GoSuckEggs · 11/06/2013 18:28

is there no way to claim for the stress and anxiousness? I do feel i should be entitlted to some form of compensation. It was a really crap year, and i am only now just starting to feel better. It has had a real detrimental effect on me and my relationship. I feel a more nervous and anxious person since!

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annh · 11/06/2013 18:43

Based on what you have said, definitely see a specialist employment lawyer rather than a no-win, no-fee one. A relatively small outlay will determine whether you have a reasonable case. However, Flowery is right, constructive dismissal is very difficult to prove and not having taken out a grievance (sounds like the one you started was ancillary to the main issue) and given the company a chance to respond won't help.

flowery · 11/06/2013 18:44

Not for a constructive/unfair dismissal claim, no, it's purely about compensating you for financial loss incurred as a result of the dismissal. If there were a discrimination claim involved, that might be different.

Leverette · 11/06/2013 23:06

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Original poster

GoSuckEggs · 11/06/2013 23:16

i was not paid that much to start with!! legal fees would probably mean i spend any claimed back loss of earnings!!

i dont know, is that possible leverette?

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flowery · 12/06/2013 07:06

This is a useful and interesting piece about personal injury claims for stress at work. Gives some of the principles involved in a claim, what a court would expect to see, etc

They are difficult to bring and difficult to win, and I think the lack of grievance would be a hindrance.

Original poster

GoSuckEggs · 12/06/2013 09:14

I do have proof in emails of me expressing my concern and stress. I also have emails of me asking to be excused from meeting that I knew I would be very stressed and anxious about. he ' insisted' I went. so I enailed again out laying excatly why I didnt feel I could go. that I felt I would become too upset to coherently express myself etc. they just ignored my email and when I had to meeting the next day I was very anxious and shaky then seemed serprised when I couldn't speak from hyperventilating so much and offered to cancel meeting! they didn't believe a word I said. just bullied me into it to see for themselves

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flowery · 12/06/2013 09:37

Are you actually suffering from "a medically recognised psychiatric illness or injury" OP? Are you being treated by a doctor?

Your earlier post says you feel you ought to be able to claim some compensation as you are a "more nervous and anxious person" since this happened. I'm not a personal injury lawyer and have no expertise in that field at all, but it seems you'd have to clearly demonstrate a recognised and diagnosed condition.

It might be worth having a chat with a personal injury lawyer to explore that as an option - again this might be available through your insurance - but my gut instinct is that it's probably not worth pursuing that avenue as it sounds difficult to prove and win.

Original poster

GoSuckEggs · 12/06/2013 09:41

yes I think it is not going to be wprth pursuing. it just makes mad that I jad to give up a job I loved because they had a total lack of care.

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flowery · 12/06/2013 09:45

I think constructive dismissal is more likely to be worth it, but again, for a claim to succeed it's really important you can demonstrate giving your employer every opportunity to put their mistakes right before resigning. Speak to a lawyer and get their view about whether it's worth pursuing in the circumstances though.

Original poster

GoSuckEggs · 12/06/2013 11:00

but if i can only claim loss of earnings, i earnt bugger all to start with. what i get back will hardly be worth it! thank you for your advise and help. I think it is best to just let it go. i hope the bastards get their karma!

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