Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder Poorly Treated Novitiate



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    Default Precluded from proceeding to tribunal by actions of Trade Union

    I have experienced whereby the actions of my workplace union have precluded me from being able to proceed to Employment Tribunal.

    Consequently, I am left with only the option of filing a personal injury claim against my employer, which the union will not take forward on my behalf.

    The union has acknowledged wrongdoing, placing blame squarely at the door of their local representative and citing a lack of knowledge as the reason for the error.

    Can anyone recommend the services of a competent legal firm with whom they've had success in this area?


  2. #2
    Site Team honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13 Authoritative honeybee13's Avatar



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    Default Re: Taking action against Trade Union

    Hello and welcome to CAGicon.

    site rulesicon don't allow us to recommend legal firms I'm afraid. If you would like further advice about your problem, please start a new threadicon of your own and the forum guys will be along.

    Best, HB

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  3. #3
    Basic Account Holder Poorly Treated Novitiate



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    Default Precluded from proceeding to tribunal by actions of Trade Union

    I have recently discovered that the actions of my workplace trade union have precluded me from proceeding to Employment Tribunal through an effective 'time-out' of the 3 month statutory time limit associated with such claims.

    Unless I am mistaken, I have no right of appeal or means or recourse, other than to pursue a claim against my employer for personal injury and the union in question for negligence - the union has acknowledged wrongdoing, placing blame squarely at the door of their local representative and citing a lack of knowledge as the reason for the error, but refuse to take matters forward on my behalf.

    Having performed a Google search of personal injury solicitors/legal firms (no win, no fee) practicing in this area, there are myriad options - can anyone recommend a good place to start?

    Thanks in advance.

    Poorly Treated.


  4. #4
    Basic Account Holder whitecraig_wizard Novitiate



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    Default

    I'm sorry that you've paid for the privilege to have such a wonderful service.

    My personal experience of dealing with Unison is that they will delay and lie until the cow's come home.

    I found a law centre in Govan very helpful on advice, even though they were 50 miles from me, check and see if there's anything similar near to you.

    Don't forget that they will try and wear you down.

    Only you can decide how and why you fight this, whatever your decision maybe, you will hopefully find help and support here.


  5. #5
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    Default Re: Precluded from proceeding to tribunal by actions of Trade Union

    the Solicitors Regulation Authority have a " find a solicitor" service that will match you with a local firm that specialises in the type of claim you want to take.

    I hope that your case for personal injury is separate from the union matter in your own mind

    as lay reps are just that and suing for bad advice or inaction will almost always fail unless there are other factors.

    An ET is not really the place for personal injury anyway and

    you have 6 yearsicon from the date of the event that is the subject of an action to start proceedings in the county courticon so plenty of time there.


  6. #6
    Basic Account Holder dondada Novitiate



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    Default Re: Precluded from proceeding to tribunal by actions of Trade Union

    I don't know the facts of your case and when you discovered this error but the fact that you were given wrong advice doesn't stop you from taking the case to the Employment Tribunal.

    You just have to prove that it wasn't Reasonable Practicable for you to have brought it in time.

    See Remploy Ltd v Brain UKEAT/0465/10/CEA

    Also, see El Kholy v Rentokil Initial Facilities Services (UK) Ltd UKEAT/0472/12/LA

    You have little grounds when the person is a lay representative.

    In order words, you didn't "pay" for his advice.

    I know you paid your membership dues but that isn't the same as paying for legal advice.


  7. #7
    Site Team steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered's Avatar



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    Default Re: Precluded from proceeding to tribunal by actions of Trade Union

    There have been professional negligence claims brought because the solicitor/representative failed to issue a claim in time.

    In order to succeed, you would have to prove that the union owed you a duty of care. You would also have to prove that you would have won damages had you filed a claim. This can be very difficult, as not many claims are black-and-white.

    If you want to proceed you can speak to a law firm which takes on professional negligence cases, but it would only be worth pursuing if your case was worth a lot of money.

    Out of interest, what is the nature of your employment claim? The employment tribunals do not have jurisdiction over personal injury claims.

    I assume you have explored the option of applying for a time extension and have concluded that this is not a viable option?

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