My niece needs help please

[maddiemay]

I did enquire about pro bono, read all about it etc, but was quoted £250 for an hour to discuss it. Same with all solicitors I've contacted.

 

I thought we would be able to deal with it in court ourselves, I honestly cannot see how anyone could twist this and make employer right. I don't know what else to do, never had much joy with CAB in the past, maybe it's different now, my last dealings with them were with a retired little old lady looking in books.

[Emmzzi]

I honestly cannot see how anyone could twist this and make employer right..

 

"She resigned without notice, I honestly don;t see how anyone could twist this and make the employee right."

 

Depends exactly what you are going to ET for. Can you afford to lose the fees and potentially costs? I'm going to say no if you don;t have a spare £250 to speak to a lawyer.

 

Please be careful not to listen only to those who agree with you. "Natural justice" is not the same as the law.

 

What exactly do you think you are going to an ET or court for?

[maddiemay]

Just discovered you need to be referred for free legal representation, so have sent e-mail to my local CAB ( that was the only option) requesting an appointment with a brief description of why.

Sorry it all makes sense now why CAB should be first port of call.

[smokejumper]

This made me giggle,was exactly how I found them.

 

 

never had much joy with CAB in the past, maybe it's different now, my last dealings with them were with a retired little old lady looking in books.

[ericsbrother]

Depends on which branch you visit and when you go as the people who staff them vary in ability and field of expertise. Generally your first visit only gets you a referral to someone who knows what they are talking about.

I see it slightly differently to Emmzzi inasmuch as there are currently 2 wrongs and the court wil make a decision as to who is the right and by what degree so it is imperative that you get your side across fully and properly. You have wasted more than a month of precious time umming and arring about getting formal advice when you should have done so straight away. Your niece has my sympathy but you must either get her to help herself or take the initiative, you cannot just hope to react to what is thrown at you. If you need to spend some money then do so but spend it wisely.

Now get back on to the CAB and do a web search for pro bono lawyers or those that offer an initial advice session for free or a low fixed price so you know where you stand and have an idea of cost. ultimately that cost may very well be passed on to the ex-employer if it goes the distance.

[Emmzzi]

I see it slightly differently to Emmzzi inasmuch as there are currently 2 wrongs

 

Actually I see it that way too but am very worried the OP is only seeing the half of the situation that suits.

[maddiemay]

I have contacted the CAB, just waiting for a reply, I have told them the situation so presumably they will make the appointment for when they have someone in, who knows about employment issues.

Tried pro bono at chambers in our area, but was quoted £250 for an hour, but may be a free option with a referral.

 

I have also contacted a couple of people regarding free representation I found on the CAB website, but you do have to be referred which hopefully the CAB will do, if they're able, if not I have found a mental health charity locally who can refer.

There is no hurry as proceedings have to have started before anyone decides if they can take the case.

 

I may sound like I'm sitting around waiting for the claim to plop through the letter box, but honestly I'm not, I am doing my homework.

 

Your views are very much appreciated as always, will keep the thread updated.

Thanks to all

 

Maddie

[topcat1802]

Do you live near a university with a Law department? They can quite often be a source of free, impartial legal advice!

[maddiemay]

Yes we do have a university nearby, I'll just have a look to see if they study law there, thanks for that

[maddiemay]

Nothing at the one close by, but have a few further away I will contact tomorrow

Thanks for the idea topcat

[maddiemay]

Still nothing from CAB as yet.

 

When I sent the last e-mail to employer, I said Susan would attend mediation, (thinking ahead to the courts and what they want you to have tried before bringing it to court) but other than this, there is no other reason to contact Susan again. Employer has e-mailed saying she is happy to meet with Susan to see how it can go forward. Seems her holiday was cut short!

Now I don't know what to do!

Help!

[steampowered]

She should probably meet with the employer, unless there is a good reason not to. She has already offered a meeting through mediation.

[maddiemay]

No, she didn't offer it, I said Susan would attend if, it was offered, and I didn't mean with her, I meant with an independent person. The reason not to, is because she's a not the nicest of people, hence why Susan ended up resigning after their last meeting.

[steampowered]

I guess she doesn't have to meet, and can simply make her position clear in writing. If there is a meeting she can bring anyone she wants with her.

[maddiemay]

I've sent an email, saying I meant mediation through an independent organisation, not directly with her, also said, I'm still unwell and don't feel it would be beneficial to my (Susan's) health to meet directly with her at this current time. (In my view that's not ruling it out completely)

 

I wish she would just get on and issue the court claim, if she's so right and the employment contract watertight, it's been 3 months now she's been threatening legal action!

Im pretty confident it's not because she's trying to do her best to resolve it without legal action for Susan's sake.

[ericsbrother]

Speak to ACAS about mediation, they have individuals in many locations who can arrange a 2 way meeting at a hotel or similar. The waiting is good for you as you still need the proper advice regarding contract etc.

[maddiemay]

Had a long conversation with CAB yesterday, said there is no point in seeing anyone until employer starts legal action, which is pretty much the view of everyone. No luck at university, have to be a student or have been one there to get any help.

 

CAB lady went through everything, said employer would need to bring action as a separate issue from the employment contract, as there are no specific clauses to say agency costs can be deducted and or sued for.

Said it sounds like employer is trying to scare Susan into paying. Obviously not having seen the contract, that's just her opinion. I did read out to her the bit in the employment handbook, employer directed us to in her letters, and seems to be relying on, but no specific clause is refered to.

 

Sit tight, carry on with my homework and await the court claim I guess.

[ericsbrother]

Then you wait. If Susan is happy to get on with her life then she should and take this matter on if and when necessary. Her ex-employer may have taken advice and decided that she doesnt want to risk losing money at a county court if her claim is not clear cut (and that certainly seems to be true.)

[maddiemay]

Email from employer, regarding mediation, has spoken to her 'HR team' aka her husband, and is advised she is under no obligation to provide this service, and she doesn't have the funds. Then the usual contact me by blah blah or I'll instruct my solicitor.

 

We didn't say she had to, just said Susan would attend if employer wanted to try that.

 

Her tone is angry again now, Ooops!

 

I'm not going to respond, no point!

[smokejumper]

I wouldn't sweat over this anymore.

 

Try and move on, although I would want the outstanding wages myself, but then I like disturbing sleeping dogs ;-) and she could say you accepted the agency fees and say contract accepted.

[ericsbrother]

Again, advice the same, get your professional advice and wait for the next move.

[steampowered]

Nothing more to do unless court papers arrive. I don't think there is much point making more appointments with the CAB or seeing a solicitor they won't tell you anything you don't already know.

[maddiemay]

I'm registered with CAB (had to be me registering as I'm the one who called, but knew it was my nieces problem) so that saves time if and when court claim arrives.

 

Susan looking and feeling well enough now to start job hunting, starting her training on Monday and can continue with that from home if she finds work before the course ends. Oh how I wish I'd known she was suffering at work before she wrote that dam letter of resignation, all of this could have been avoided!

 

Thanks everyone for all your input, I'm sure I will be reporting back on this, in the not too distant future.

[ericsbrother]

Glad to hear she is feeling better about the whole thing, a fresh start will undoubtedly strengthen her resolve and allow greater focus on what i important.

[maddiemay]

No contact from employer as yet, not sure if that's a good or bad sign! Would there be any mileage in Susan issuing CC claim for the unpaid wages, that way if the judge rules in her favour, it kind of says, she couldn't work her notice, due to sickness, which then in turn blows employers claim, or in this sinario a likely counterclaim for agency fee's out of the water.