advice needed re NO WIN NO FEE employment lawyers

[NOWINNOFEEPOSSIBILITY]

Husband having a terrible time being bullied at work by the boss who wants him out,

husband now off with serious emotional and stress issues - his work want to put him on an incompetency code which is categorically not accurate or relevant.

wondering whether to tackle them head on with a n w n f lawyer

need advice .... thanks

You have to check who pays for it before you do anything. If he wins does the lawyers fee come out of any award or do the other party pay this?

He has to start legal proceedings within 30 days of him leaving, if he's using the constructive dismissal route (this means he's been forced to resign because of poor treatment) then he has to say that he considers himself to be constructivly dismissed in the resignation letter and that he no longer has any respect or faith in his employer, he needs to go right away. The tribunal see this as him being fired rather then him quitting. He needs to have worked there for 12 months for him to claim this aswell.
Make sure he's seen his GP about the stress/emotional problems as this will help him.
The CAB are a really useful source of advice.

You can get employment law advice for free from the CAB, or alternatively if you have a local Law Centre (often run by local firms of solicitors on a pro bono i.e. free basis - I used to volunteer at one). Also the Free Representation Unit specialise in employment, but think you have to have a referral to them for them to take you on - not sure though, but may be worth calling them for advice on where to seek out a suitable advisor.

Often 'no win no fee' in employment claims used to be done on a contingency fee basis - so they take a cut of your compensation if you win. I have no idea if this is still the case, you'd have to look into it - the firm I work for doesn't offer this type of arrangement.

What I would advise you to do first and foremost is to contact your home insurer and ask if your policy offers legal expenses cover for employment advice, as many home insurance policies offer this cover. Give them a call and ask them. It's pretty common but not many people know that their policy has this provision, so well worth asking.

HTH a bit.

NB I would be very very careful about trying to make a constructive dismissal claim - he may be better off letting them/waiting for them to fire him. It is extremely difficult to succeed with a claim of constructive dismissal at tribunal. I would not recommend taking this route if it is avoidable.

thanks guys

we are novices at this

basically he is a supply teacher that after 7 years was given a perm post in a school and the head teacher is making his life hell - the council are not interested.

husband is a mess.

we have been told if we got a lawyer involved they would realise the head teacher who got allocated him is just being awful as she wanted to 'choose' her staff....not be given one.

he has a strong case I think but is sooooooo depressed and off sick with it all.....

finding it hard myself to know what we should do but he cant go back to being under her 'care' as she is hell bent on putting him on the incompetency scale even though he has a good track record in the council and is known to be a good teacher locally as has taught all over.

can someone hold my hand while I hold his

How long has he been permanent?

His best bet really is to go to the CAB. My household insurance company has a free legal advice line so you should check yours first, they will sometimes also fund the cost of a solicitor.

5 or 6 weeks

was on the verge of a breakdown

we have small kids he is the bread winner

perm since aug last year has been since then

she has 'bullied' out a staff member and had a greivance against her before my husband we hear but nothing concrete evidence wise

its been very underhand bullying on his case 24/7

he seems so broken I feel horrid for him

You need specialist legal advice to be honest. Most solicitors give the first appointment free so check, your insurance company or the CAB need to be your first port of call though.
Has he been to see the GP? Counselling is really helpful. Has he contacted his union?

I know

the union is crap the guy is as useful as a wet fish sadly

will contact CAB

yes doc currently signing him off no prob but husband saying i am ok i am ok but he is not iykwim

pah

so naffed off he is such a good guy and the headt and council are being such barstewards

He can go above the union rep and contact the union head office, I know that Unison have a specialist legal advice line.

I've been through an employment tribunal, it's a relief when it's over.

its an employment lawyer we need i THINK

the problem is husband is too ill and too scared to fight and I think we have to

or he will go back, be ill, be incompetent and she will scale him up the incompetency scale and sack him and he will have a very blighted record

scary really

I am scared

I dont like having an ill husband small kids and stuff like this

That sounds pathetic but true

are you a teacher?

thanks for holding my hand atleast a bit

No, I'm not a teacher. I did a law degree several years ago, I worked in a pub whilst studying and had my hours slashed from 30 to 6 because I took time off with ds when he was ill. I was a little annoyed with them for this.

Your husband will get there, it's stressful though but it helps to have something to focus on. Get hold of a solicitor first, they may advise him not to return.

thanks love

I agree with belle - go above the local Rep and phone head office. You can access counselling for your dh through the union as well.

I really do hope it works out well for you. If you need anything then I'm normally around. I'll keep hold of this thread and will check it so if you need anything then pop it on here.

Call your insurance company now to see if you are covered for this, if not the CAB or the union head office. Then pop to the GP to arrange some counselling/therapy for your husband.

Remember to put everything in writing if you can, keep all documents/emails etc as it will help.

hubby phoned asked the regional chap to get involved, he said we advice returning to work and basically slammed door on him very odd but hubby now thinks theyre dead loss

If you have legal protection on your house insurance could you use that?

thank you

the problem half is

we are really laid back non fighter people and I feel we will have a real fight on our hands

and it feels BIG

and I struggle just to keep on top of the washing and the kids and am not THAT smart!!!

Hmm. If this was a NUT rep then go over his head and call head office.

Unison have their own advice line, you call them and they send out a form, you are expected to see the rep so they can help you fill it in but they will help with the legal expenses.

will be back.....

Sometimes it's good to fight. People like this will get away with it otherwise. You have to stand up to a bully.

he isnt unison though

he is

eis

and they seem to go hand in hand and be half employed by the council

another employee said to him, theyre worth nothing theyve not helped any of us, seek help elsewhere

Definitely phone the Union head office - they will be linked with a solicitor and can refer him there and should pay his fees (I am a solicitor and do work for a teaching union - not employment law so can't advise there).

If you do have legal expenses cover on your home insurance - great. But the cover is not as wide as he will get with his Union. Legal expenses cover is normally capped at a certain level and the solicitors will be panel ones so you can't choose.

The solicitors linked to his Union shoudl be used to dealing with teacher related claims.

Is there a telephone helpline through his Union - give them a call and they will direct him on the best route to take

I see.

Have you tried your insurance company? The CAB are your next port of call.