Thompsons advise Union not to support tribunal claim

[Lanney50]

Hi have had exactly same problem wrote to my head unioun secretary got call asking why Im complainning asked what it was I wanted,I replied a bit of support and guidance,was told they couldnt help because they were paid and couldnt be seen to be helping me what a load of tosh,cancelling my unoiun subs going alone ,has been scary at times but my case is on Monday ,win or loose and Ive done it myself,Im a little nervous but what the hell,what can they do to me theyve taken everything so go it alone if you have to theres plenty of caggers with fantastic advice and support I say stuff the unoiuins,plus the local cab were great,also try your local Clac good luck

[Andy510]

My partner is taking her employers to tribunal after being dismissed. The union passed the matter to Thompsons and they have said she should withdraw the claim. We wrote back to them identifying 6 areas where the company was potentially at fault, which were in brief:

 

1. Investigation not sufficient

2. Failed to take account of previous conduct

3. Investigation not timely

4. Conclusions biased

5. Dismissal allegations a result of behaviour of manager, after reporting the company to regulator

6. Company refused to allow a solicitor to attend disciplinary or appeal

 

They have just responded again suggesting we withdraw the claim, but not explaining why our contentions are not relevant to the disciplinary process.

 

I have two questions

1. If we take this ourselves, and I believe there is a case to answer, how hard is this? Is there any support available (we dont have money to pay privately)?

2. I am aware that costs can be awarded against claimants in certain circumstances. How likely is this?

 

I am extremely disappointed with the attitude of the solicitors. If their logic were applied to all tribunal cases, especially where the employer is determined to find someone guilty of misconduct, then we wouldnt ever need tribunals. A company would never admit that one of their managers had instigated a witchhunt. Of course its not going to be easy!

 

 

 

Hi there

 

I really have been there, and done that.

 

I was badly let down by Thompson's solicitors, and my Union. Unfortunately my local Union shop steward was also a very devious bully and my employer has supported him throughout, as did the Union. I raised a grievance with my employer after having six breakdowns in five years, being bullied by the Shop Steward and providing names and witness of those who had also been a victim or witness to his bullying. The upshot was I was dismissed and had to take my former employer to Tribunal, now my Union regional secretary is supporting my employer as a last minute witness for them.

 

Steer clear of Unions, they will never defend you in the type of case you have, its too expensive and rocks the boat as far as the cosy relationship they have with the employers. The odds on getting support is almost non existent, there are lots of agencies around and I have been round them all, the response is either its too complicated or they just offer advice. You can defend yourself at Tribunal, it cost nothing at this time, even if you lose, as long as your claim is not malicious. However you must lodge and ET1 with the Tribunal within three months less one day of the action you are complaining about. My trial has gone on for 19 days and it is the most stressful thing I have ever done in my life, the process does take a lot out of you, there are lots of genuine sleepless nights, highs and lows.

 

However if you feel you have a case the best thing to do is pay a solicitor to listen to your case and give an honest appraisal of its chances. Money may be tight but it will be the quickest and only way to get an idea if your case has any merit. You have to know what you want out of going to a Tribunal, if its someone to say sorry about how badly they treated you, forget it. If its to get closure then go for it. But if it is for compensation then you really do have to get a solicitor to give you an idea of what your claim is worth. If its in the hundreds, it probably isn't worth it. Its a hard and unfriendly road and you have to learn very quickly and adapt.

 

As far as the costs being awarded against you, this will only happen if you are being malicious or veracious which I am sure you are not. In any event legal costs are very rarely awarded, even if you win. If you lose each side will have to pay their own costs. My Tribunal is the culmination of a four year battle, and no compensation will ever give you those years back. I wish you all the best and would finish by saying that it is possible to defend yourself, the Tribunal will help you as much as possible but you have to do a lot of homework, read up on employment law because that is all the Tribunal will be interested in.

 

One piece of employment law that you should look up is the Employment Rights Act 1996, go to the National Archives "Opsi" web site, a great resource. Get copies of all your employers policies, procedures etc. One often forgotten fact is that your home insurance has legal cover included, this can include employer disputes and can be worthwhile. Just don't waste any time on the Unions they are not worth the bother.

 

Good luck

 

A