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Poorly Treated

Precluded from proceeding to tribunal by actions of Trade Union

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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?

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Hello and welcome to CAG.

 

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

 

Best, HB


Illegitimi non carborundum

 

 

 

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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.

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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.

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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 years from the date of the event that is the subject of an action to start proceedings in the county court so plenty of time there.

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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.

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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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