Employment Tribunal - anyone been to what? what is it like?

[carocaro]

It's for my DH, and unfair dismissal, he's the one unfairly dismissed, I back him 100% and so do others.

We are current weighing up the pro's and con's eg: cost, time, etc etc

It's a bit grim to say the least. They have turned really nasty. DH is in bits.

Just wanted to hear anyone else's experiences?

Thanks

My father went to a tribunal a few years ago now and he said the chap that was representing himself was really well treated and the company got short thrift for being beastly.

I excpect your dh company are getting nasty as they are scared you will go through with it

Saying that without knowing what has happened i cant say how it would go.

My friend lost his job nearly 18 months ago and he was stiched up good and proper but he was in the wrong

Thanks for your reply, we are still discussing it.

I went to an employemnt tribunal about 10 years ago. I was made redundant while on maternity leave although my cover was still doing my job. I struggled to get any information out of the company about why I had been chosen for redundancy, and secretly recorded all my conversations with them (both face to face and phone).

I found a no-win-no-fee solicitor to take on my case.

We turned up at he first tribunal meeting which was just a preliminary thing. The Co were now claiming that I had been made redundant because I had been paid more than other people on my grade.

The Co solicitor said "not admissible as secret recordings". At which point the tribunal man pointed out that this was not a court it was his tribunal, and he decided things like that. He decided they were admissible.

I got an offer from them the next day

I thnk I could have represented myself and saved giving part of the money to my solicitor, but DH was working away and I didn't feel strong enough at the time.

It was well worth it

I don't know your circumstances but about 90% of employemnt tribunals are won by the employee because so often employers just do not follow all the rules correctly.

It will be a hassle, but if it will give you some financial security for a while and maybe stop the company doing this to somebody wlse, surely it is worth it.

Good luck whatever you decide.

It is possible to get free representation by a qualfied lawyer at the tribunal through the Free Representation Unit - but all cases taken on by the FRU have to be referred to it by an agency such as the CAB, you can't approach the FRU direct.

I have been on the other side of it (the employers side) and I felt really, really sorry for the individual because he had got such bad advice from his no-win, no-fee lawyer.

The lawyer had not done any work on the case, just banged in a claim for £30K.

Company rejected it and offered £2K.

Offer was rejected and went to ET.

Lots of waiting around, case was delayed, started but over-ran and couldn't be completed, rescheduled for 3 months later.

Eventually settled for about £3K.

From the point of view of the individual involved, as soon as the lawyer said £30K, the individual thought that was a professional assessment of what he might get, whereas it was only a opening negotiating tactic on behalf of the lawyer (not explained by him to the client). So the individual felt screwed by the eventual settlement, even though it might have been fair.

It took months and months and months, and I can only imagine how awful and stressful it must have been for the individual.

The lawyer had no tactics for the ET when it over-ran, and in fact his questions completely showed his hand, and could have allowed the employer to provide evidence that would have left the individual with no claim.

Sorry if that isn't the kind of tale you would like to hear, but I would advise you to get the best legal advice that you can, and to find someone who you can trust and who will be honest with you.

Check if you have legal expense insurance, this is typically on your home contents insurance but can be on any other policy of insurance.
If you do, you have the legal right to choose your own solicitor. Find a good one, look at the Chambers legal directory online.
A good solicitor will try and settle this very early and thereby avoid you having to go to a tribunal.