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

[tryinghard112]

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?

Honestly? Yes you need a solicitor.

Being a litigant in person means you can have a strong case but lose by not carrying out due diligence of legal procedures. It’s risky without proper advice and guidance.

At least phone acas for advice. Don’t do it completely on your own

So essentially it’s a case of constructive dismissal?

Why did ACAS rule against you?

OP, you don’t need legal representation and employment tribunals do try and help unrepresented claimants as best they can.

However you will need to be able to tell your story and present your evidence much more clearly than you have here, to have any hope of convincing a stranger of the facts of your case.

Employers are entitled to decide there is a reduced need for employees, (even if the work hasn’t changed), they can decide to organise it differently, and you are not entitled to be considered for a promotion.

I think if it’s a straightforward case such as unpaid notice period, it’s fine to go it alone. But constructive dismissal would be more difficult

@wingsnthat

So essentially it’s a case of constructive dismissal?

Why did ACAS rule against you?

It’s not constructive dismissal. OP wasn’t forced to resign, she was dismissed by reason of redundancy as her role is no longer needed.

I’m an employment solicitor. How long did you work there. Acas don’t do appeals. Have you got an early conciliation certificate from acas?

@tryinghard112

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

ACAS don't "rule" either way.

They are independent. How could they rule, they don't have all the facts.