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Original poster

I want to take my employer to an industrial tribunal - do I need a lawyer?

32 replies

tryinghard112 · 13/05/2021 15:33

I have been unfairly made redundant and want to take my employer to an industrial tribunal.

Will I need to pay a lot of money to do this?

Has anyone done this? Any advice?

OP posts:

Rfjkf · 13/05/2021 15:34

Were you a union member?

Original poster

tryinghard112 · 13/05/2021 15:35

OP posts:

Disfordarkchocolate · 13/05/2021 15:36

Do you have legal cover with your house insurance(s)?

Original poster

tryinghard112 · 13/05/2021 15:38

I don't know. Would house insurance cover something like this?

OP posts:

Squishedpickle · 13/05/2021 15:38

Get in touch with ACAS, they're an independent organisation who offer advice on dealing with employment issues and disputes.

LongHairDontCare38 · 13/05/2021 15:45

No you dont. Many self represent

NavigatingAdolescence · 13/05/2021 15:46

You’d have to go to Acas before tribunal anyway.

Have you exhausted the company’s appeal process?

NavigatingAdolescence · 13/05/2021 15:47

What makes you believe the redundancy was unfair?

Howzaboutye · 13/05/2021 15:49

No you do not 'need' a solicitor. However legal advice would be advised.
Look up your home insurance and see if free legal advice us included (it is normally).
Or are you a member of an institute or big organisation. They usually have a legal helpline.
Failing that get a free half hour with a local solicitor who deals in employment law.

Original poster

tryinghard112 · 13/05/2021 15:52

I've contacted ACAS and done an appeal. They ruled in the employers favour.

OP posts:

LegoCardSwapper · 13/05/2021 15:56

Do you mean ACAS said it wasn't unfair?

JustCatting · 13/05/2021 15:59

I don't think anyone can advise you on this if you don't say what actually happened.

If ACAS didn't find in your favour that's not a good sign for you.

ChequerBoard · 13/05/2021 16:00

If ACAS have reviewed already and said it wasn't unfair, why would legal action have a different result?

Be very careful you end up paying out a lot of money for ultimately pointless legal expenses.

Might be better to just move on from this.

Twickerhun · 13/05/2021 16:03

Lots of people do self represent but it’s best to know what you are doing first! You could end up spending a lot of time and emotional energy (and money) on a case with no legal merit if you don’t at least seek some advice

maxelly · 13/05/2021 16:05

ACAS don't make findings either way, that isn't their role, so that doesn't sound right. They advise and support both employee and employer and try and encourage mediation, conciliation, any kind of out of court settlement. Do you mean they encouraged you to pursue an internal appeal against the redundancy which was rejected (sounds more plausible)? If so the next step would be to continue with the conciliation process with ACAS and if that is unsuccessful, to put in an employment tribunal complaint.

As others have said you don't need legal representation but you probably stand a better chance of success if you at least get some advice on how to draft and present your case. Some employment solicitors will take your case on on a no-win no-fee basis if they feel you have a good enough case, or at least defer their fee until after the case concludes - a good solicitor may help you negotiate an out of court settlement which is usually the best outcome all round. Unless it's a very straight forward or very low-value case I would def recommend speaking to a solicitor in the first instance. As others have said, check your home insurance, if you included legal cover employment disputes are usually included...

Iworry2021 · 13/05/2021 16:06

Try to get a settlement agreement with the company. They're also interested in not going to court as bad publicity, so they might pay you more just to make you go away. Happened to me 😊

Original poster

tryinghard112 · 13/05/2021 16:07

ACAS said they would only act as mediation. Employer didn't comply with mediation so I feel I've got nowhere else to go.

I was made redundant on the basis that my role was no longer needed and that they needed someone to take over the management side of the business owners job and mine as well. But they didn't give me the opportunity to do it even though I know I can do it.

OP posts:

NavigatingAdolescence · 13/05/2021 16:08

Did you apply for it?

flowery · 13/05/2021 16:16

@tryinghard112

ACAS said they would only act as mediation. Employer didn't comply with mediation so I feel I've got nowhere else to go.

They only have to offer you “suitable alternative” employment. If it’s a different job they don’t have to offer it to you- your original role may genuinely be redundant. They should give you an opportunity to apply and be considered for it though- did they do that?

CliftonGreenYork · 13/05/2021 16:31

I'm currently going through redundancy and acting as group consultation lead (its over 200 people). Sadly it does not sound as though you have any claims for unfairness as your specific role no longer exists. Regardless of wither or not you could do the new role - its a new role.

maxelly · 13/05/2021 16:45

CliftonGreen, I think we need to be very careful of asserting on the basis of the very limited information on this thread whether or not the OP's employer has acted fairly - we don't know either way. It's really not as simple as 'the old role no longer exists so OP has no case', as Flowery says above in a redundancy situation the employer must consider suitable alternative employment and while a promotion/more responsible job is not normally/automatically SAE, they should at least have considered her for it, and whether or not her subsequent dismissal is unfair really depends on the whole context and facts which OP quite rightly hasn't posted enough detail for us to determine.

I think all we can say OP is: seek legal advice, even just an initial consultation to see what they think about your case would be better than taking well meaning but potentially ill informed advice from the internet...

RedPandaFluff · 13/05/2021 19:34

Agree with your needing to get legal advice, @tryinghard112. Research the best employment law solicitors in your area and make an appointment for an initial consultation. In my area it's around £250 an hour but they'll look at the facts and tell you whether you have a legal claim or not.

Then it's up to you. If they say you have a case, you can lodge it with the employment tribunal yourself, but it's risky and daunting to represent yourself. If you use a solicitor and don't have legal cover either from a union or your home insurance, it will cost you between £10-£15k in solicitors fees. Be aware that, even if you win, an employment tribunal won't award costs, so you'll have to pay your solicitors out of any award you receive.

Think carefully about what you want to achieve . . . as a PP said, lodging a case with the tribunal may prompt them to offer a settlement before it gets to court. But the first step is to establish whether you actually have a case.

Original poster

tryinghard112 · 13/05/2021 20:42

Thank you for your advice everyone. It's been very helpful.

OP posts:

FusionChefGeoff · 13/05/2021 20:49

When I wanted to challenge a redundancy/ return to work fiasco, I used an HR advisor. So not a lawyer and no where near as expensive but still knew all the mistakes my company made and scared them enough into a nice settlement.

Level75 · 13/05/2021 20:53

What's your length of service OP? Over 2 years I assume?

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