Can anyone recommend an employment lawyer

[andrewhearne2009]

Hello

 

Can anyone recommend an employment lawyer please

 

I spoke to Acas today they said my previous employer are in serious breach of contract, they admitted before I left they could not cope with HSE Policies etc, my injury was meant to be 2 years if they took me off post etc they did not accomondate this request. Now permanent won't be able to drive etc

 

Showed how much colleagues were getting on average on OHP my role was not mentioned etc, though earning up to 6 grand year less, most important job, pos work, they changed my job but no contract till 24 months later, no proper job title till then, no adjustable heeight trolley provided, no cushion provided, year later after training accused me of dozing of in manual handling training, asked for it when job changed, left two months till after initial accident.

 

Had not been told lifting incorrectly perrson was stood right behind me

 

Was angry they've left me with this condition, was angry not told how long for etc, they allowed to get away with not coping with those policies

 

Have mild PTSD from the bullying , was limping for example asked if I had been shot when limping, my injuries distracted team.

 

Known as ppa send off they sent 30-40 thousand prescriptions a month to scotland, was not known was in box having asked all declined told to get on with it, refusal to put in accident book, not believed injured, they took previous person off with her bad back off the job, not even provided with adjustable in height rolley, one company had not even available on day of accident was so low down etc, would have still had to bend down even if it were present.

 

No response to new injury claim, personal court proceedings on that being issued, they're not following protocols, started 7 may 2010

 

They apprieciated I was concerned that doing one would interfere with the Injury claim, he said it would not and thinks my case will have sufficient grounds to be allowed an extension

 

No union when I was there, I was employed 4 December 2006 to 31 March 2010, Acas seemed to think doing tribunal would be okay

 

I have prepared ET1 just need approval

 

Two occupational healths was assessed, mother present

 

Final occupational health never saw me, said since hes now better he can resume to normal duties; she failed to disclose symptoms, even no lifting etc, mother appalled.

 

I was victimised, bullied etc, bit like some of you on here, my manager refused to believe they had anything over 3 kilos, when 5 reams of paper is 10-14 kilos had to even lift that during recovery not even in individual reams

 

Reports from medical were discussed in open etc, called old man etc, others taken off heavy work with their bad backs, my scores reduced without concent, was earning up to 6 grand a year less than all of them, they made me do it all by myself etc

 

Acas said strong case especially as one employee had been told he would have no job if he came back full time

 

No exit interview, no opportunity to progress - £655 was overlooked in first claim, current schedule of loss £6800 in six months.

 

Two greivances sent both ignored

 

Could go on, statement ten pages, my ET1 event history 4 pages

 

No compassionate leave, they did not consider my gran family member, only one day as holiday for funeral

 

Squeak in ear, shape of ear changed, my hearing aids malfunctioned couldn't hear what was said in training.

 

Want to work, willing to work, experienced typist, future employers not taknig me on because of my back, for example hospital didn't give it to me because of my back.

 

I can walk but can't stand long periods, sciatica which final nurse who didn't see failed to disclose etc.

 

Thanks

Edited October 1, 2010 by andrewhearne2009

[honeybee13]

Hello Andrew. I don't think CAG rules allow us to recommend an employment lawyer because it's advertising. Have you spoken to the CAB? They often have contacts for this sort of thing and they should have someone in your area.

 

HB

[SarEl]

 

No union when I was there, I was employed 4 December 2006 to 31 March 2010, Acas seemed to think doing tribunal would be okay

 

Ermmm - on what grounds and when did ACAS say this? Because you say that your contract was terminated on 31st March. It is now 2nd October. A tribunal claim must be submitted within 3 months less a day of the termination - six months is permitted if there is an ongoing grievance and the matter relates to discrimination. By any count of that, you are out of time and cannot make a claim.

[andrewhearne2009]

I emailed them Friday and he said because they cannot cope with HSE policies etc, all my issues are serious breaches of contract he asked when I left etc he told me I should send in the ET1 form also. Said I was concerned of injury claim interfering which court proceedings are being issued, that the ET1 would interfere he said to get it ready etc. Each previous grience ignored forced to retract one. Not responding to protocols in injury claim etc

Edited October 2, 2010 by andrewhearne2009

[IdaInFife]

For Site Team info : dealing

[SarEl]

I emailed them Friday and he said because they cannot cope with HSE policies etc, all my issues are serious breaches of contract he asked when I left etc he told me I should send in the ET1 form also. Said I was concerned of injury claim interfering which court proceedings are being issued, that the ET1 would interfere he said to get it ready etc. Each previous grience ignored forced to retract one. Not responding to protocols in injury claim etc

 

Serious breaches they may be - out of time they are, I'm afraid. Extensions to the three months are only very rarely given for exceptiuonal circumstances - I can see no reason here to believe that to be the case. I cannot understand why ACAS would tell you otherwise - they would have known yesterday that the claim was out of time.

[andrewhearne2009]

Seem to recall they also suggested I do civil court which I believe is six years isn't it

[SarEl]

Seem to recall they also suggested I do civil court which I believe is six years isn't it

 

OK. I am even more confused now. You cannot submit an ET1 to a civil court - only a tribunal has the jurisdisdiction to hear employment matters. A civil court can hear such things as personal injury or loss (nothing to do with an ET1 or a tribunal) and debt (unpaid wages or awards). Very few breach of contract matters can be heard in civil court - mostly to do with the two matters I have already mentioned. Tribunals, on the other hand, have nothing to do with personal injury claims - if that is what your claim is about.

 

I think I should poiint out that ACAS are not lawyers and nor are they legal advisers, and I seriously doubt that many of them would have a clue about civil court proceedings. TBH, to date, what they have told you so far appears to hold up my view that these days they know precious little about employment law either. I can see no basis or justification for what ACAS have told you. And just so that you understand - I am an employment law barrister with 30 years experience, so I do know what I am talking about.

 

You need to see a solicitor (and a personal injury one - not an employment one) to see what legal remedies you may have for personal injury - you simply won't get very far without one, and certainly not in a civil court proceedings against a legal team from the employers. I can see no prospect of any employment tribunal accepting jurisdiction for a claim that is more than six months old.

[andrewhearne2009]

Yes I have a personal injury lawyer representing me they did not respond in 3 months 21 days, they're not responding to protocols; so she will be issuing proceedings but could another option to have an employment lawyer along side the personal injury lawyer, to reflect a lot of the employment issues; realise it would not be employment tribunal but with so many breaches took 24 months to get new contract etc.

 

My worry is my former manager has denied what he has said, is he allowed to do this, also is my other manager allowed to deny what she said about the reports saying I was better in the open, she called me an old man also would those have been allowed, they took previous person off the post work because she had bad back, then admitted they could not cope with H S E policies; owuld a judge see H S E policies a serious issue, of course I asked for all the training they denied it leading now to this permanent injury, having recieved it two months after, not when my role changed, and during my recovery they forced me to lift 10-14 kilos which was paper not even individual reams.

 

Been angry people weren't telling me how long for, then if I had been taken off it would have made it two year recovery they failed to accomondate that request now it's permanent won't be able to drive etc.

[SarEl]

Yes I have a personal injury lawyer representing me they did not respond in 3 months 21 days, they're not responding to protocols; so she will be issuing proceedings but could another option to have an employment lawyer along side the personal injury lawyer, to reflect a lot of the employment issues; realise it would not be employment tribunal but with so many breaches took 24 months to get new contract etc. I am sorry. I am obviously not been clear enough. The employment issues, even if they would have been of interest to a tribunal, are not pertinant to a civil court unless there is a clear and quantifiable loss, and the clear and quantifiable loss that you have mentioned is alleged personal injury. So if your employer didn't pay notice pay, or made unlawful deductions from your salary, then you could, even if out of time, make a civil claim. But you cannot take an employment dispute through the civil courts except where the claim may relate to a quantifiable loss resulting from, say, negligence. So, for example, the court wouldn't care whether it took 24 months, 240 months or whether you never had an employment contract in the first place. None of their business. And to be honest, a tribunal wouldn't be much bothered either - you have a somewhat unrealistic view of what tribunals do.

 

My worry is my former manager has denied what he has said, is he allowed to do this, also is my other manager allowed to deny what she said about the reports saying I was better in the open, she called me an old man also would those have been allowed, they took previous person off the post work because she had bad back, then admitted they could not cope with H S E policies; owuld a judge see H S E policies a serious issue, of course I asked for all the training they denied it leading now to this permanent injury, having recieved it two months after, not when my role changed, and during my recovery they forced me to lift 10-14 kilos which was paper not even individual reams. Are employers allowed to lie. No, of course not (or not in court anyway). Can they lie and get away with it - yes, of course they can. They do it all the time. Whether you can prove that they are lying is what matters. But again - a judge in civil court doesn't care about your employers policies or whether they could or couldn't cope with them. It' entirely irrelevant. What they are concerned with is whether you can evidence that you have suffered a loss or injury which can be ascribed to your employers actions, and which can be turned into a cash compensation. Their only interest in H&S policies in in this context. So they won't be sitting there saying "You (the employer) breached health and safety and you must pay for that" - they will only be looking at the extent to which your injury was provably caused by the employers actions.

 

Been angry people weren't telling me how long for, then if I had been taken off it would have made it two year recovery they failed to accomondate that request now it's permanent won't be able to drive etc.

 

I honestly cannot see what an employment law specialist can do for you now - except, possibly, run up bills you cannot afford. Anything that might have been a matter for a tribunal is now out of time, and personal injury is a very different area of law.

[rebel11]

Hi andrew

 

You could ask your solicitor to send them a 'Save as to Costs' letter and see what your solicitor says.