Action against Union ?

[crane9]

Hi, I wonder if anyone can give me some advice, although I think I already have it in my head what I should do.
The problem relates to my union backing out of supporting my claim for for unfair dismissal on their solicitors advice, who said that it was their word against mine and my case would not stand a chance in court.
I went ahead with my claim myself, built a case using case law from the BAILII website and then found a solicitor on a no win-no fee basis to represent me.
After months of non negotiations I finally had an offer of £750 from my former employers, which of course was laughable and refused by me straight away. On the eve of the tribunal I refused £12,000.
On the morning of the tribunal, they asked me what I wanted and delayed us starting proceedings to consider.
I walked away with £17,000 in an out of court settlement ! but had to then pay my solicitor his fee of £2000.
I really think that I should have a case for claiming back my legal expenses from my now ex-union.
What I am unsure of at the moment, as I am going to be starting a new job and moving to Ireland within the next month, is who should I claim from ? the General Secretary of the union or the Solicitors who were acting for them and gave them the advice? What sort of time frame do I give them to give a positive response before I take Court action to recover my costs ? and should I also try and recover my union fees of the past 4 years that I was a member?
Anyone please ?

[poppynurse]

If your solicitor was no win no fee why did you have to pay him £2000?

[jet_black]

Originally Posted by poppynurse

If your solicitor was no win no fee why did you have to pay him £2000?

They only charge you if you win

[poppynurse]

Soory I was under the impression that they claimed their costs from the losing party?

[jet_black]

I think they do in some cases, but there are cases when the solicitor takes a percentage of the compensation. I think it depends on the Law firm that is used?

[crane9]

Yes, you have to pay the solicitor his fee because although it was settled out of court it was still a win. If I hadn't settled and it went to the court and I then lost, well then he would not have been paid anything. As far as who pays for legal costs, in employment tribunals there is no awards given for legal costs at all. This is why its viable for the unions to back out you see, because even when you win, the costs for legal representation is always needed to be met by each side.

[weegirl]

Very true, unless you can prove that the other side acted unreasonably. I recently got 2 awards for costs, one for £2k and another for £1.5k. It is very difficult still though to prove that someone has acted unreasonably, solicitors can be so sneaky about it (they can be held liable now too for their actions though). Luckily the scumbag I used to work for was a real dickhead, he talked himself into a hole.

[crane9]

Yes Weegirl, solicitors are the most tricky bunch you can come across. How some have the balls to charge what they do I don't know, but as far as my intended action against the Union it will be up to the Union to then take action against the solicitors as they were in fact acting on their behalf and therefore the responsibility for any further action against the solicitors will be the unions perogative. Wouldn't that be right ?

[clavileno]

Originally Posted by crane9

Hi, I wonder if anyone can give me some advice, although I think I already have it in my head what I should do.
The problem relates to my union backing out of supporting my claim for for unfair dismissal on their solicitors advice, who said that it was their word against mine and my case would not stand a chance in court.
I went ahead with my claim myself, built a case using case law from the BAILII website and then found a solicitor on a no win-no fee basis to represent me.
After months of non negotiations I finally had an offer of £750 from my former employers, which of course was laughable and refused by me straight away. On the eve of the tribunal I refused £12,000.
On the morning of the tribunal, they asked me what I wanted and delayed us starting proceedings to consider.
I walked away with £17,000 in an out of court settlement ! but had to then pay my solicitor his fee of £2000.
I really think that I should have a case for claiming back my legal expenses from my now ex-union.
What I am unsure of at the moment, as I am going to be starting a new job and moving to Ireland within the next month, is who should I claim from ? the General Secretary of the union or the Solicitors who were acting for them and gave them the advice? What sort of time frame do I give them to give a positive response before I take Court action to recover my costs ? and should I also try and recover my union fees of the past 4 years that I was a member?
Anyone please ?

With all due respect, how can forum members help you if you haven't done the basic research? You need at the very least to:

- read your Union membership agreement, membership handbook, other rules, etc.
- read any paperwork, letters, etc. from your Union or their lawyers re this case
- let us know what the relevant sections say about this matter.

For instance, if your Union membership handbook (in effect your "contract" with the Union) says legal assistance can be withdrawn at any time, then it can be; end of story.