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Anyone a solicitor (employment)?

2 replies

YorkshireTeaandCake · 24/02/2015 13:21

Hi,

I really need some quick (free) advice as to whether, or not, it is worth taking my employer to a tribunal.
Anyone? Or, can you advise anyone?

OP posts:
xiaozhu · 26/02/2015 16:46

Go to your local CAB. I'm a solicitor - not employment - but many solicitors will be reluctant to give free advice (not because they want the money, but because they are worried about being sued if they give negligent advice).

CABs or free legal clinics are usually staffed by volunteer solicitors who are covered by the CAB's professional indemnity insurance so don't need to worry about being sued. I have volunteered for one myself - they are very experienced in dealing with employment matters.

Some points I would make: you need to make a claim with the ET within three months after the incident you are claiming about, otherwise it will be time-barred. Also, ETs used to be free but they have now introduced a charge for filing a claim and then another for actually going to the ET (it was £950 last time I checked). If you win then you should get your costs back, but you need to weigh up whether or not you have a decent chance.

Another thing to consider: are you currently employed by your employer? Because if so it could create a pretty poisonous atmosphere if you take them to the ET. This is not a 'legal' thing - more a personal factor for you to take into account.

Finally, do you have the time and energy to conduct a claim? It may be stressful and a bit prolonged. It depends what the matter concerns, but whether or not it is 'worth' it in your eyes will also depend on your appetite for a legal bust up, and not just the money involved.

Millerpup · 26/02/2015 20:25

Hi I would agree with xiaozhu try to obtain some advice from CAB first, to see if you have a good case.
Tribunals deal with employment law and speaking from experience of having both attended one and taken students to witness one being conducted they are not a platform to air "gripes" with employers.
They have a strict criteria of requirements leading up to and during the hearing and you must be able to provide documented evidence dependant on your claim. You shall also be expected to provide evidence of actively seeking alternative employment since dismissal up to the hearing date and the tribunal will calculate an award of money based on you winning on what they feel your financial loss has been since leaving your old employer and starting with a new. They can even enforce your employer to give you your job back !
They can take up to as much as two years before the case is heard and can be extremely uncomfortable for you having to face your old employer.
Its critical that you research all you can about this process.

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