breaking law from not providing me manual handling training till after my accident

[lostfaith]

Would I be able to do a seperate claim for Wrongful Dismissal in civil court given longer time periods, in addition to the fact I missed the Constructive Dismissal due to professional negience

[postggj]

You need to be doing either one or the other

 

If you have missed the three months less one day deadline for an ET claim, then your only option will be a civil claim

 

Any claim in the civil court will be for a quantifiable loss for breach of contract as wrongful dismissal comes under law of contract.

 

MAY I ASK WHY "WRONGFUL DISMISSAL"

[lostfaith]

Please could it be explained what it means, I assume as for example my contract said four weeks notice and I was not told to work my notice - and breaking law from not providing me manual handling training till after my accident

[postggj]

Its what your contract states

 

Not working your notice is fine by agreement, they pay you four weeks PILON

 

Pay in Lieu of Notice to end the contract

 

Do you have a copy of your contract??

[lostfaith]

Think I have found it - but need to have a rest because of my back injury. Basically the employment solicitors did not advise me minus one day in this matter or they did not tell me it had to be soon after the incidents occurred

[postggj]

If you engaged solicitors and they were negligent in the time scales, your claim will be against the firm of solicitors

[lostfaith]

Do you think the employment solicitors are neglient, they

 

1. failed to get my medical records before the pre hearing
   
2. did not advise me one day
   
3. they did not tell me could have done an et claim when employed or
   
4. soon after each incidents occured had to be the three months minus a day
   

[postggj]

Do you think the employment solicitors are neglient, they

 

 

1. failed to get my medical records before the pre hearing
   
2. did not advise me one day
   
3. they did not tell me could have done an et claim when employed or
   
4. soon after each incidents occured had to be the three months minus a day
   

 

This is basic employment law

 

You do not let a cause of action time out, you submit the claim, even if still employed

 

THIS IS BAD

i DO HOPE THESE WERE NOT THE LEGAL SERVICES OF A TRADE UNION

[lostfaith]

No an independent firm run by only two partners

[postggj]

Have you made any official complaint to the firm of solicitors for a final response

 

you will need it to progress this

[lostfaith]

Please could I have some help drafting a letter - think the major issues

 

1. did not advise me one day
   
2. they did not tell me could have done an et claim when employed or
   
3. soon after each incidents occured had to be the three months minus a day
   

[postggj]

I think the best thing is you draft a letter listing the main points

 

we can then amend to fit

 

this is important as you know what the issues are

[lostfaith]

thanks, just real shame another firm did not advise me either but cannot post about them as they still act for me but this employment law one seperate matter who are not as that finished

[postggj]

[Atlas01]

I'd hazard a guess that with two firms not advising correctly it may well be you who is in the wrong, i believe in co-incidence but not two solicitors giving wrong advise.

[honeybee13]

Hello again.

 

I just wondered how long ago this happened please and if you've posted about it before as you've had a few threads on the forum?

 

My best, HB

[lostfaith]

no one firm in november 2010 for different area law and 2012 for employment - was dismissed for issuing a personal injury claim which I did not get provided training on how to move something fromforklift or provided correct forklift training fell out the forklift injuring my head

Edited June 27, 2013 by lostfaith

[Emmzzi]

what happened with the personal injury claim?

 

and was it the same solicitors dealing with the dismissal? Do you have in writing that you instructed them to deal with the ET?

[becky2585]

Do you think the employment solicitors are neglient, they

 

1. failed to get my medical records before the pre hearing
   
2. did not advise me one day
   
3. they did not tell me could have done an et claim when employed or
   
4. soon after each incidents occured had to be the three months minus a day
   

 

Were they employment solicitors or personal injury specialists? Unlikely to be a claim in negligence unless they claimed to be employment experts, and it's implied from your post you were bringing a PI claim so it would be useful to get that point clear.

[lostfaith]

I thought with being dismissed for lodging the personal injury claim would be wrongful dismissal and was no exit interview

 

I also thought missing two limitation dates would be professional neglience

Edited June 28, 2013 by lostfaith

[Conniff]

no one firm in november 2010 for different area law and 2012 for employment - was dismissed for issuing a personal injury claim which I did not get provided training on how to move something fromforklift or provided correct forklift training fell out the forklift injuring my head

 

 

I fell out of bed once and hurt my head.

[becky2585]

I thought with being dismissed for lodging the personal injury claim would be wrongful dismissal and was no exit interview

 

I also thought missing two limitation dates would be professional neglience

 

Wrongful dismissal is more of a claim for notice pay.

 

Unfair dismissal is the more substantial claim, but only if you were employed over a year (or two). Unfortunately asserting a personal injury claim doesn't protect you from dismissal.

 

You still didn't answer whether the solicitor who advised you was a personal injury or employment specialist?

[lostfaith]

Personal injury. They orignally, in their letter stated the case had good prospects of success and agreed to take it on. some time after limitation expired they told me not possible, asked me permission to issue proceedings left five months till after to ask me permission to do so, then told me they may not be able to - no counsel instructed till 2 years nine months in to the claim no medical expert investigation till 2 1/2 years into the claim

[becky2585]

Personal injury. They orignally, in their letter stated the case had good prospects of success and agreed to take it on. some time after limitation expired they told me not possible, asked me permission to issue proceedings left five months till after to ask me permission to do so, then told me they may not be able to - no counsel instructed till 2 years nine months in to the claim no medical expert investigation till 2 1/2 years into the claim

 

Did they issue proceedings before three years was up?

[postggj]

Limitation for personal injury claims is three years to bring a claim

 

When did the accident occur