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ET doing it alone

5 replies

abigail225 · 08/08/2022 01:09

Has anyone got any experience of going it alone at an employment tribunal? (Can't afford a solicitor and have no home insurance.) I'm currently awaiting the ET3.

It may be pretty naive of me but I'm hoping just going in there and being honest will get me through?

I know my employers have hired solicitors and specialists to fight their case and they will most probably have clever get out of jail cards up their sleeves. They are a small company if it matters.

I'm 36 weeks pregnant and it's constantly on my mind but I know if I give up now the thought of letting them get away with their unlawful behaviour would eat me up anyway. If I hadn't been pregnant I'd have maybe considered looking for a new job and cutting my losses. But no ones going to hire me now, and I just feel like what's there to lose?

I'm just wondering if anyones been there, done that and could offer me advice and tips? TIA X

OP posts:
Jalisco · 08/08/2022 11:02

It can be done - but it's not easy, it is VERY stressful, and it will be many, many months before you get to a tribunal anyway as the backlogs are horrendous. I'll be brutally honest - going in there and just telling the "truth" - your truth won't be same as theirs - is highly unlikely to get you anywhere.

rose69 · 08/08/2022 11:19

I had a friend who did. Offered a settlement by the company but did not take it and carried on with the case and lost. If you are offered a settlement take it. Good luck.
Another person I know is being helped by their union.

Jalisco · 08/08/2022 13:31

Apologies - I got called away and didn't have time to finish typing my response.

If you don't understand employment law, then you will need to be ready for undertaking a crash course. The tribunal will allow for your lack of experience in the process - but they will not help you in any way with the law.

The biggest mistake that people make is thinking the law is about being "fair" - it absolutely isn't. You must present a coherent legal case, and most people believe the law says things that it doesn't. For example, everyone knows that the DDA says that employers must make reasonable adjustments for disabled employees. No - it doesn't. The DDA was repealed in 2010, and replaced by the Equality Act, and neither of them say that. They say that the employer must consider reasonable adjustments, which is a whole different thing; and having a disability isn't enough - it must be a disability within a set criteria. That's just one very brief example, and under that basic explanation there is shed loads of detail. To argue at tribunal successfully you need to know or learn the law as it pertains to your claim.

The second biggest mistake people make is thinking that tribunals award lots of money. They don't. The stories people hear are heard because the awards are exceptional. The average award is very low - for unfair dismissal the median award (which is the most accurate indicator of likely outcomes, the average award being skewed by the few high awards) is less than £7,000 (2021). For sex discrimination it's less than £10,000.

The third biggest one is one @rose69 's friend probably made - an offer of a settlement is most often made on economic grounds, as a cost saving over legal bills. Do not assume the employer is on the run or that they will offer more or you will win (or win more).

As a union officer I do know a lot of people who have gone to tribunals over the years. I will warn you that even those who win often don't think it was worth it - and that is with union support and legal work.

I am not trying to put you off - if you need to do this then you absolutely must. I totally understand that. But I do want to give you what you asked for - honest experience.

Finally, if you think about no win no fee ambulance chasers, be very, very careful. There are a lot of pitfalls that people aren't aware of in such generous sounding offers. I know enough cases of people who ended up with financial losses as a result of going down this path, so do be very cautious, check everything and do take advice before signing up for anything. Employment tribunals (assuming you win) almost never award costs, so your solicitors costs will come out of your win (and in some cases costs exceed what is won). And if you find it all too hard and pull out most will charge you.

The best piece of advice I can give you is, whatever you decide about this situation, when you return to work join a union and stay in a union. That isn't a carte blanche for legal costs - unions won't pursue cases that have little prospect of winning. But they will ruthlessly tell you if you don't have a hope, will support you if you do, but also can intervene to support you and try to head off you needing them for a tribunal. All workers are entitled to join a union whether or not one is recognised by the employer, you can join any appropriate union you want, and you do not have to tell the employer you are a member.

abigail225 · 08/08/2022 14:30

Jalisco · 08/08/2022 13:31

Apologies - I got called away and didn't have time to finish typing my response.

If you don't understand employment law, then you will need to be ready for undertaking a crash course. The tribunal will allow for your lack of experience in the process - but they will not help you in any way with the law.

The biggest mistake that people make is thinking the law is about being "fair" - it absolutely isn't. You must present a coherent legal case, and most people believe the law says things that it doesn't. For example, everyone knows that the DDA says that employers must make reasonable adjustments for disabled employees. No - it doesn't. The DDA was repealed in 2010, and replaced by the Equality Act, and neither of them say that. They say that the employer must consider reasonable adjustments, which is a whole different thing; and having a disability isn't enough - it must be a disability within a set criteria. That's just one very brief example, and under that basic explanation there is shed loads of detail. To argue at tribunal successfully you need to know or learn the law as it pertains to your claim.

The second biggest mistake people make is thinking that tribunals award lots of money. They don't. The stories people hear are heard because the awards are exceptional. The average award is very low - for unfair dismissal the median award (which is the most accurate indicator of likely outcomes, the average award being skewed by the few high awards) is less than £7,000 (2021). For sex discrimination it's less than £10,000.

The third biggest one is one @rose69 's friend probably made - an offer of a settlement is most often made on economic grounds, as a cost saving over legal bills. Do not assume the employer is on the run or that they will offer more or you will win (or win more).

As a union officer I do know a lot of people who have gone to tribunals over the years. I will warn you that even those who win often don't think it was worth it - and that is with union support and legal work.

I am not trying to put you off - if you need to do this then you absolutely must. I totally understand that. But I do want to give you what you asked for - honest experience.

Finally, if you think about no win no fee ambulance chasers, be very, very careful. There are a lot of pitfalls that people aren't aware of in such generous sounding offers. I know enough cases of people who ended up with financial losses as a result of going down this path, so do be very cautious, check everything and do take advice before signing up for anything. Employment tribunals (assuming you win) almost never award costs, so your solicitors costs will come out of your win (and in some cases costs exceed what is won). And if you find it all too hard and pull out most will charge you.

The best piece of advice I can give you is, whatever you decide about this situation, when you return to work join a union and stay in a union. That isn't a carte blanche for legal costs - unions won't pursue cases that have little prospect of winning. But they will ruthlessly tell you if you don't have a hope, will support you if you do, but also can intervene to support you and try to head off you needing them for a tribunal. All workers are entitled to join a union whether or not one is recognised by the employer, you can join any appropriate union you want, and you do not have to tell the employer you are a member.

Thank you so much for your in-depth knowledge and guidance. I joined a union only after the problems arrised and so didn't expect much help from them. (I felt it would be like taking out home insurance after your house has burnt down so totally reasonable for them to say no!)

I made my case anyway to the union lawyers and after reading your message I realised they hadn't actually got back to me which prompted me to give them a call just now and see if they had an update.

Apparently they sent me a letter last week informing me that they'd accepted my claim and think it has a great chance of success and they're going to take it on!

I CANNOT THANK YOU ENOUGH, I COULD KISS YOU THROUGH THE FORUM😍🥰❤️

I can't tell you what a sleepless night I've had and now I feel I can let go a little, thank you so much for taking the time to reply to me, it really has come to fruition ☺️ xx

OP posts:
Jalisco · 08/08/2022 16:09

I'm really pleased. You were VERY lucky, because in your scenario unions almost never take on cases for new members. It's a lesson for everyone - they wouldn't be so lucky, and you are right - you join now and not wen you need them!

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