Anyone got a good employment lawyer?

Discussion in 'education & employment' started by Reiabuzz, Jun 7, 2018.

  1. Reiabuzz

    Reiabuzz Banned Banned

    Things have gone a bit tits up so I’m going for constructive dismissal. Anyone know an honest solicitor?
     
  2. Pickman's model

    Pickman's model Every man and every woman is a star

  3. maomao

    maomao 四月她爹

    Didn't you only get a new job a couple of weeks ago? The drunken Skype interview. Or is this the one where you've been pretending to work from home while you look after your baby?
     
  4. Reiabuzz

    Reiabuzz Banned Banned

    The latter. Im being hauled into a disciplinary on a charge of being drunk and abusive. Something nobody else in the office seems to have noticed. They did however notice my five month pregnant boss, the one making this complaint, drinking straight gin at her desk on the same day this incident allegedly happened.
     
  5. equationgirl

    equationgirl Respect my existence or expect my resistance

    You have the right to be accompanied by a colleague to the disciplinary, or union representation. But if you're not in a union already they won't be able to help you.

    How long have you been with this employer?

    They should give you specifics about the allegation, such as when, where, who etc. Write down everything you can remember, including any witnesses present.

    Constructive dismissal can be difficult to prove, if this is part of a recorded set of events it may help, but a single isolated event may not be enough.
     
  6. Reiabuzz

    Reiabuzz Banned Banned

    It's been going on for two years.. I have all the emails. Bullying etc. It looks open and shut to my eye having done since research.

    This fabricated intoxicated and abusive thing is just the final straw. I don't even want any money. Just to see the cunt be humiliated. There's even a picture of her with the gin on her desk for gods sake. On the same day I was apparently drunk. Which I wasn't.

    Thanks for the advice. I might actually record the meeting.
     
  7. Reiabuzz

    Reiabuzz Banned Banned

    BTW, leaving aside this issue, my job is unrecognisable from what I was originally hired to do which I understand is in itself grounds? I'm doing a far more senior role than my job spec.
     
  8. Pickman's model

    Pickman's model Every man and every woman is a star

    You might want to think carefully before you record the meeting, you'll win on them fucking up the procedures which doesn't require 007 antics
     
  9. MadeInBedlam

    MadeInBedlam Arm the mentally ill

    Sticking phone on record prior to meeting and sticking said phone on pocket is hardly 007
     
    Reiabuzz likes this.
  10. Winot

    Winot I wholeheartedley agree with your viewpoint

    Why on earth are they putting you through a disciplinary process if you’re leaving anyway?
     
    Thimble Queen likes this.
  11. equationgirl

    equationgirl Respect my existence or expect my resistance

    If you record the meeting illicitly then you might , might be able to use it as evidence but its by no means certain. Speak to a lawyer first.

    Also, to claim constructive dismissal you must have resigned your job, otherwise its not constructive dismissal.

    Get a hold of the company's policies for substance abuse and disciplinaries. Make sure the company has followed its own processes. Note where they haven't.
     
  12. Reiabuzz

    Reiabuzz Banned Banned

    No, you can claim constructive dismissal prior to resigning as far as I can see on the Web. You just can't have accepted another job.

    I have calls with two no win no fee solicitors who have also indicated this.
     
  13. equationgirl

    equationgirl Respect my existence or expect my resistance

    I'm a union rep, and recent case law has said if the claimant doesn't resign as soon as possible after the incident, then the employer has not frustrated or breached the contract, therefore the claim of constructive dismissal was not proven. If the employee continues to work after an incident, then it can't be constructive dismissal.

    Be very sure of your facts, and that what you think you being told is actually what you are being told.

    Until my recent redundancy, this is the route I was looking at. It's complex.
     
    UnderAnOpenSky and maomao like this.
  14. Puddy_Tat

    Puddy_Tat for the workers' breakfast

    I also understand that you also generally need to be able to show that you have at least tried to resolve the matter via employer's grievance process.

    If they don't have a process, or tell you to bugger off, then that won't do your case any harm, but you (generally) need to try.

    So I would agree on tread carefully and with qualified advice.

    If you don't have a union, then may be worth talking to ACAS - they have an advice line that's open to employers and employees - although they don't offer representation.
     
    equationgirl and Reiabuzz like this.
  15. Reiabuzz

    Reiabuzz Banned Banned

    There's something called the final straw. It basically brings all previous offences back in play. This latest incident let's me do that.

    I'm on a phone, on holiday, yes brilliant holiday eh? On the phone to lawyers. So I can't send you links but it looks feasible based on conversations with these people. They wouldn't take a case they thought they'd lose.
     
  16. Reiabuzz

    Reiabuzz Banned Banned

    Sorry that was in response to equationgirl
     
  17. Reiabuzz

    Reiabuzz Banned Banned

    This is also good advice. Thanks. Interestingly when I decided fuck it, I'm going straight to the EMEA head of HR she was on the phone in minutes and called my boss to tell her to slow down.

    I have no union. But I think the threat of a major law firm might be more effective really.

    Is this really sad? I don't want money. Obviously the law firm does. I'll give mine to my sister as shes not in a great place. I want her to stand up in front of the entire team and apologise. Those are my terms.
     
  18. equationgirl

    equationgirl Respect my existence or expect my resistance

    Yeah, I would love an apology too for what has happened to me, but realistically it isn't going to happen. So it's a nice idea but money might be all that you get, and you need to prepare for that.

    I disagree that a union isn't effective. Mine have been brilliant recently.
     
  19. Reiabuzz

    Reiabuzz Banned Banned

    I’ve now got a solicitor who is taking this on, on a no win no fee basis. She’s confident I’ll win about six months salary though its complicated by the fact that I’m at third interview stage for another position.

    FWIW, she said 95% of her unfair dismissal clients have neither resigned yet or been sacked yet. They resign once they’re sure the employers are ‘over a barrel’. Her words. So if you’re a union rep that could be useful info. You can preempt the cunts basically.
     
    UnderAnOpenSky likes this.
  20. cupid_stunt

    cupid_stunt Dyslexic King Cnut the Great.

    Have you got household insurance, if so, does it have legal expenses cover included?

    I had to go for constructive dismissal years ago, it was VERY stressful, as I was claiming £25k & they counter claimed for £50k, knowing I had specialist employment lawyers covered by insurance, and knowing I wouldn't have to pay legal costs whether I won or lost made it a lot easier!

    It dragged on for about 3-4 months, the other party finally settled in full 2 days before the hearing. :thumbs:
     
    equationgirl and UnderAnOpenSky like this.
  21. maomao

    maomao 四月她爹

    That's early. Lots of deals are done in the waiting room of the tribunal on the day.
     

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