Who to go to for employment law advice

[KBPhoto]

Can't discuss the details, but my employer is ignoring specific elements of my grievance in their internal investigation and dismissing other aspects for strange (to me) reasons.

Who could I go to for advice that might stand a chance against my employer?

I've spoken to ACAS and need to speak to them again this week. Is there anyone else?

I'm not in a Union, since the last time they let me down I've lost faith in them.

[kevberlin]

Sadly, unless you pay for advice, there are no real alternatives. CAB provide basic advice and signposting. Their website may assist to a limited extent.

The TUC website has a link you may find useful as below:

http://www.worksmart.org.uk/

Good luck

[StevesTruck]

A fair few solictors will do a half hour sit down for nothing just to see if you've got a case. Round here, Ringrose Law do a specific employment law clinic every few weeks, not sure if they're national.

 

ACAS can be very, very good.

Edited 6 February, 2016 by StevesTruck

[KBPhoto]

Ironically my employer is prepared to pay £150 + VAT to a lawyer to talk me through the compromise agreement (read that as a "you will never be able to claim against us for anything. Ever. In exchange for you voluntary redundancy payment). I just have to find a lawyer of my choice...

Since the employer is paying, can I legitimately use that time to discuss my case and see if the lawyer feels I might have a claim?

Think I might pay as two senior managers have both ignored specific questions I have asked and that I have reasonable proof of that I believe undermines my employment rights (in a minor way).

[kevberlin]

I do not think the fact your employer is paying for you to see a lawyer is relevant. The lawyers advice should be based on the law and it would be highly appropriate to raise your issues/concerns. Why else would you bother with the consultation?

[Llanigraham]

Check your house insurance, it is surprising how many of them carry legal help.

 

Beware of any local solicitors, you need someone with the proper expertise in employment law. From my own (current) experience I have found that Slater Gordon have been very good. 

http://www.slatergordon.co.uk/employment-general/?infinity=ict2~net~gaw~ar~78675953197~kw~%2Bemployment%20%2Blawyer~mt~b~cmp~S%26G%20%7C%20Non-PI%20%7C%20Google%20%7C%20Employment~ag~Employment%20Lawyers%20General&gclid=Cj0KEQiA0Na1BRDlkqOcyczng5cBEiQAnEDa2IhRMYsggBeKld-_Tfohxx2hDKMhZVKN5nZGY6J6a0EaAhCB8P8HAQ

Edited 6 February, 2016 by Llanigraham

[KBPhoto]

Thank you all.

 

I will look at Slater Gordan - Thank you.

 

I've found one outside of the town where the employer is who deals with compromise agreements (CA) and many other aspects of employment law. They also offer a 30-minute free initial consultation.

 

kevberlin - I meant that I was wondering whether I could use the payment from my employer for the lawyer to discuss the CA to pay the lawyer to discuss my specific grievances (as opposed to the CA).

 

Or should the lawyer discuss the case before advising me whether to sign or not?

[kevberlin]

Why not just pose the question to the lawyer before the appointment.

Good luck anyhow.

[topcat2006]

Not sure what you do - but if you are or know a civil servant (teacher etc) you could join CSMA and you get free legal advice with your membership.

Or - do you have legal cover on an RAC membership or similar?

[KBPhoto]

I'll look up CSMA as I am a teacher by qualification.

Not sure how legal coverage on breakdown recovery or household insurance would cover employment legal advice. Or am I just being too black & white about it?

[Llanigraham]

Not sure what you do - but if you are or know a civil servant (teacher etc) you could join CSMA and you get free legal advice with your membership.

Or - do you have legal cover on an RAC membership or similar?

 

Teacher's are not applicable directly for CSMA membership, I'm afraid, and the free legal service is only for motoring cases.

(I'm on the CSMA Club Council!)

 

My house contents cover gives me free legal advice for ALL situations, so it is worth checking.

[topcat2006]

Teacher's are not applicable directly for CSMA membership, I'm afraid, and the free legal service is only for motoring cases.

(I'm on the CSMA Club Council!)

My house contents cover gives me free legal advice for ALL situations, so it is worth checking.

Funny, my parents are members due to them being teachers...... And in a member as they're my parents......

[Llanigraham]

They may have been introduced by another member, or been in the Civil Service or something like the Post Office or BT in the past, which were originally Civil Service jobs. Teachers are employed by local Councils and are therefore not Civil Servants.

You are a member because you are related to a member.

[RapidPaul]

Ironically my employer is prepared to pay £150 + VAT to a lawyer to talk me through the compromise agreement (read that as a "you will never be able to claim against us for anything. Ever. In exchange for you voluntary redundancy payment). I just have to find a lawyer of my choice...

Since the employer is paying, can I legitimately use that time to discuss my case and see if the lawyer feels I might have a claim?

Think I might pay as two senior managers have both ignored specific questions I have asked and that I have reasonable proof of that I believe undermines my employment rights (in a minor way).

Depends who the lawyer is taking instruction from. If they are being instructed by your employer to talk you through the compromise agreement, then they can only go so far in advising you about your issues. I would exhaust the free options like CAB if I were you. Unfortunately legal action can get very expensive and you really need some robust advice as to whether you have a case. Last time I looked it costs around £1200 just to register a case with the employment tribunal.

[domhnall]

Depends who the lawyer is taking instruction from. If they are being instructed by your employer to talk you through the compromise agreement, then they can only go so far in advising you about your issues. I would exhaust the free options like CAB if I were you. Unfortunately legal action can get very expensive and you really need some robust advice as to whether you have a case. Last time I looked it costs around £1200 just to register a case with the employment tribunal.

Spot on. The lawyer paid for by your employer is there to advise on the effectiveness or otherwise of the agreement, nothing more. The government felt too many employers were being dragged to tribunals by litigation happy workers so they brought in the new fees to discourage cases being brought. It cut the number of cases overnight by something in excess of 50 per cent.

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[gadgetman]

In some cases a compromise agreement is to pay off the employee as a get out of jail card for the employer to make you take the money and avoid them paying more at tribunal for something which could easily go against them.

In others, although the employer has a water tight case, the legal costs defending the case makes it significantly cheaper to just pay off the employee.

Only an employment lawyer can advise you properly either way of the pros and cons of taking the agreement or fighting it at significant expense and stress for you for possibly little or no payment above what's already on the table.

Years ago when someone I know was in a similar boat, their solicitor bargained for an agreed reference which both parties agreed to as part of the deal so that worry when applying for work in the future was taken away.

If you do accept the tabled offer on the advice of an expert, I'd get your solicitor to get a reference agreed as part of the deal.

[KBPhoto]

It does fee as though I am being 'paid off' to go quietly. And that the CA is a release from any possible future action - which they seem to be quite keen to use.

I like the idea of an agreed reference. I'll consider that further and see how that can be worked into the agreement.

Hopefully, I'll be able to see an employment law solicitor soon as I have until 16th January to escalate it to stage 3 if that is what I decide to do.

[domhnall]

Compromise agreement is exactly for that purpose, it's to close matters down. I signed one that barred me from ever saying anything that might lower people's opinion of my ex employer. Muppets then failed to execute it properly which their lawyer didn't notice so it was all invalid.

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[TyreTread]

I went through this a few years ago.

 

It can take quite a while for a solicitor to establish the facts and the half hour free tie will be gone before you know it.

 

Sit down and write down all of the information relating to the CA and to your grievance. BE FACTUAL. This will dave a lot of time in your initial consultation and ensure you put all the facts you have in a logical order. the Solicitor can then ask you questions based upon the written information to fill in the blanks he needs. 

 

Contact the Law Society for details of specialist employment solicitors in your area  (I used Grant Goodlad in Northants who is now, I understand, a Barrister)

[VWD]

They may have been introduced by another member, or been in the Civil Service or something like the Post Office or BT in the past, which were originally Civil Service jobs. Teachers are employed by local Councils and are therefore not Civil Servants.

You are a member because you are related to a member.

Sorry to sidetrack the issue, but it looked like best way ,From above I assume that grandfather rights then apply to folks who at one time were Civil servants, even though they left the CS/ Associated firm, but receive pension from someone like BT, but with rights existing from CS days ?

On the advice front, locally we have a few employment law firms. Possibly no loss in finding one local to you and seeing if they are interested/ want to help you/advise you how to proceed and your options if not satisfied .( possibly if things go wrong, they might get some work, and if you do act on their advice and if you act on their advise, then things might be a bit more cut and dried)

Edited 8 February, 2016 by VWD

[Llanigraham]

Yes, VWD, grandfather rights apply.

PM me if you need to know anything more.

Edited 8 February, 2016 by Llanigraham

[KBPhoto]

So, I've found an employment law solicitor who seems reasonably priced. He's agreed to look at the CA (paid for by the college) and review my grievances alongside this.

If I wish to pursue it further, he can help at what I consided to be a reasonable fee and in stages so as not to rack up a large bill without k owing about it.

[VWD]

Yes, VWD, grandfather rights apply.

PM me if you need to know anything more.

Thanks, mate- Frizel used to be a cheap decent broker, if you were a CSMA member.

[KBPhoto]

All sorted now and paperwork signed.

 

I went with a young lawyer-in-training at a respected law firm who did a sterling job for me and, whilst I am no longer in employment, I did get a significant increase in the non-statuatory contribution from the employer.

 

Time to move on (mentally and geographically)...

[ColinD]

Glad [wrong word] it's sorted. Having had to recourse to legal advice myself; 3months no pay, we ended up winding the co up to get to where we needed to be. It's not nice, but it is done now!

 

My biggest mistake was then to decorate the house. Painting I thought would take my mind of things.... it did and didn't anger was still lurking, but alone I got it all out. If anything is lurking get it out now. You know find a hill, tell the seagull trying to steal your lunch

 

Good luck up north too if that's where you're heading! This is the start of new K.