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advice needed re NO WIN NO FEE employment lawyers

42 replies

NOWINNOFEEPOSSIBILITY · 19/05/2010 18:32

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

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NOWINNOFEEPOSSIBILITY · 19/05/2010 19:58

we didnt realise the union could help with expenses even possibly

they seem so crrrrrrrrrrrap

eis they are called maybe Ill go with my husband and see if I can get anywhere with them

and call out insurance people and the

cab

shall I keep you guys posted?

hubby looking through all the filing currently for the right docs!

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meep · 19/05/2010 20:00

can't vouch for the eis - but would have thought they would have a scheme similar to the union I do work for.

I've just had a look at their webpage and there is a member login bit - so that should give you the info you need to get in touch.

belledechocolatefluffybunny · 19/05/2010 20:01

Just call them up and ask them if they have a legal advice line, they will tell you if you are covered. I don't think I have to give mine my policy number, I can't find it. The last time I claimed I gave them my name and address and I came up on their system.

I've not heard of eis.

Unison are great, they even fund a holiday (in the UK, they have a camp site) if you need one (stress etc). You have to be with them for a certain time for some things though.

meep · 19/05/2010 20:04

'tis a scottish union

NOWINNOFEEPOSSIBILITY · 19/05/2010 20:09

sorry yes it is

I cant even understand the site jargon

can you meep

or

belle? ...

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belledechocolatefluffybunny · 19/05/2010 20:17

They don't appear to have any legal representation at all unless it's in the members part (which I can't access)

meep · 19/05/2010 20:20

I can't get into the members area so can't see what they are offering by way of legal advice.

Is there a telephone helpline number in the members section?

If not phone their head office : 0131 225 6244 tomorrow and ask them if you can get help from a solicitor and how you go about doing that.

NOWINNOFEEPOSSIBILITY · 19/05/2010 20:20

aw poo

Ill get his number thingy and check in.....

and look (if I can find it)

does the CAB have access to employment lawyers? as they are specific arent they?

I feel a bit more hope since coming on here

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belledechocolatefluffybunny · 19/05/2010 20:21

Righto, they are afficiated with the TUC

www.tuc.org.uk (looking for more info)

belledechocolatefluffybunny · 19/05/2010 20:24

here's some contact numbers for advice. Your husband needs to tell them first that he's with the eis and they are affiliated with the TUC, I don't know whether he has the same legal advice rights as the TUC as I can't access the members area of eis.

www.tuc.org.uk/tuc/rights_main.cfm#union

clear as mud?

NOWINNOFEEPOSSIBILITY · 19/05/2010 20:24

ooh ill look thanks would be fab if he could get advice through them legally i mean though doubtful on the strength of how crap they have been so far!!

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meep · 19/05/2010 20:25

top right of the webpage to log in

CAB tend to be non-lawyers who can give more general advice and point you in the right direction. They do have lawyers who volunteer and give advice - depends on your local cab.

Your best bet is with the eis - and if not your house insurance.

smittenkitten · 19/05/2010 20:36

Sorry to hear about this.

First you need to establish his length of service. you need 12 months continuous service as an employee to claim unfair or constructive dismissal, so if anything happens before august, you need to consider who was his employer when he was on supply. If he was engaged via an agency, then he won't have 12 months service until August. If he wants to leave his job before then, he has no redress.

If you do want to take action, he needs to make a complaint about her actions causing him stress - either as part of the absence management process, or as part of the grievance procedure. The govenors and local authority need to have the chance to investigate the claims and address any issues before you up and resign. If your complaints aren't upheld following an investigation and appeal, he can sit it out while signed off sick and wait to be dismissed, or resign. remember the 12 month requirement either way.

cases need to be lodged with the tribunal service within 3 months of hte dismissal or resignation.

NOWINNOFEEPOSSIBILITY · 19/05/2010 20:48

Sorry to hear about this.

First you need to establish his length of service. you need 12 months continuous service as an employee to claim unfair or constructive dismissal, so if anything happens before august, you need to consider who was his employer when he was on supply. If he was engaged via an agency, then he won't have 12 months service until August. If he wants to leave his job before then, he has no redress. HI THANKS FOR TAKING THE TIME TO WRITE SOMETHING, I WASNT CLEAR, HE HAS BEEN WITH THE SAME EMPLOYER 7 YEARS ON PERMENANT SUPPLY ITS ONLY BECOME A PERMENANT JOB IN ONCE SCHOOL SINCE LAST AUG. EXCUSE CAPS ITS SO I CAN REPLY AND REMEMBER WHAT YOU SAID

If you do want to take action, he needs to make a complaint about her actions causing him stress - HE PUT IN A GRIEVANCE AGAINST HER TODAY WHICH I WAS PLEASED ABOUT THOUGH HAS SEEMED TO HAVE FLOORED HIM (FIRST BRAVE STEP AND ALL THAT...) either as part of the absence management process, or as part of the grievance procedure. The govenors and local authority need to have the chance to investigate the claims and address any issues before you up and resign. HE DEF WONT RESIGN HE JUST WANTS TO BE IN A WORKPLACE HE CAN WORK IN WITHOUT BEING HARRASSED AND ALSO NOT TO BE PUT ON THE INCOMPETENCY CODE WHICH SHE SEEMS TO HAVE THE POWER TO DO DESPITE 7 YEARS OF GOOD TEACHING BEHIND HIM. HE CANT SEEM TO FIGHT THIS AND WE ARE TOLD SHE WILL FAULT FIND HIM AND SLIDE HIM UP THE SCALES OF INCOMPETENCY TILL SHE GETS HIM OUT / THE SACK AND NOW I AM WORRIED AS HE IS WEAK AND STRESSED AND TIRED AND IS UNDER PAR SO IF HE WAS GOING TO MESS UP IT MAY BE NOW IF HE GETS ON THIS SCALE FINDING REDEPLOYMENT WOULD BE NEAR IMPOSSIBLE AS A TEACHER. If your complaints aren't upheld following an investigation and appeal, he can sit it out while signed off sick and wait to be dismissed, or resign. remember the 12 month requirement either way. SORRY WHAT 12 M REQUIREMENT (BEING DIM SORRY).

cases need to be lodged with the tribunal service within 3 months of hte dismissal or resignation

HE HAS MET TWICE AND EXPLAINED TO HIS WORK AND OCCUPATIONAL HEALTH THAT HE WANTS TO TEACH BUT CANT GO BACK TO WHERE HE IS BEING SO WELL, ATTACKED. HE REALLY IS STRESSED OUT AND I AM CONCERNED ABOUT HIS HEALTH NOW NOT JUST HIS CAREER

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NOWINNOFEEPOSSIBILITY · 19/05/2010 20:53

he has been off about 6 weeks now and it seems a bloody farce that he cant teach when he wants to because some stupid c*w is mad that she got 'allocated' a staff member permentantly rather than choose one (she prob had one in mind).

as I said before she ousted another person who put in a greivance we heard. but we dont know any more.

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NOWINNOFEEPOSSIBILITY · 19/05/2010 21:48

sorry did I frighten you all off, I got a bit cross there with the situ

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iheartdusty · 19/05/2010 22:09

just wanted to come on and say - this is good advice, keep calm (easy to say ), take it step by step.

I am not an employment lawyer but know enough to say that the advice here is good.

BTW the 12 month requirement is what smitten kitten said - he has to be employed with the current employer for 12 months to get the extra rights around dismissal/ constructive dismissal. (Sorry , it isn't clear to me whether he had the same employer whilst being a supply teacher as he has now in his permanent job. Who employs him at the moment?)

would be no bad thing for him to see GP as well to get it on the record how stressed and upset he is, and get some help for it.

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