How do I bring to court a fake handwriting expert to prove that he is qualified?

[Koora]

I had been the victim of unfair dismissal where a fake handwriting expert apparently proved (strong likeness which is good for criminal court cases) that handwriting matched mine on an alleged document. I know it's not my handwriting, so I questioned the employer about the expert witness's qualification and all I was given was his CV. The only qualification listed in his CV was a Diploma in Handwriting, which in itself does not make him an expert, but even then the college it was attained from does not seem to exist in the UK. So I asked my employer to clarify from the expert about the details of this college, address, website etc. The CEO told me in the appeal that the expert did not respond to further information, and he thought that an expert does not need to prove their expertise and he understands why he had not responded to clarifications about his qualifications. Is this right?

I have thought of making a money claim against this expert for loss of job, but my husband says that this could be very costly depending on the amount claimed. So to save costs, I am thinking of just bringing this expert into a court of law for him to prove his expertise. Can this be done without too much cost or risk of costs?

Many thanks for your help.

[GBExile]

You need to take them to tribunal which would cost money. Or if you are a paid up member of a union they might help or you could go "no win no fee"

If you have legal protection on your house insurance then they might cover all action.

Call the Employment Tribunal Telephone: 0300 123 1024

or try Acas on Telephone: 0300 123 1100

You also could google handwriting experts (check out their reviews) & send them what they want. I would guess this might cost you about £200-£300 but then you would have to still go to court or tribunal as your ex-employer is likely not to accept the findings before court.

[Koora]

Thank you for your detailed answer. This raised a few more questions.

I am member of Unison when worked for public organisation and remain on their Bank (part-time), but my ex-employer is a private business. I am told that Unison will only help in cases where you are working for public organisations. Or can I still use their lawyers?

I don't think I have legal protection on home insurance, but I will check this. Is it the legal protection on home insurance only which covers all actions?

Are there any lawyers who will work on no-win-no-fee for tribunal cases?

Lastly, I wish to prove that the handwriting expert is not actually an expert (because there are a lot of other evidences to suggest that) before going to tribunal. So how do I begin a court case against this expert because I don't know where to begin with this?

Many thanks

[efpom]

On what date were you dismissed?

[GBExile]

Thank you for your detailed answer. This raised a few more questions.

I am member of Unison when worked for public organisation and remain on their Bank (part-time), but my ex-employer is a private business. I am told that Unison will only help in cases where you are working for public organisations. Or can I still use their lawyers?

I don't think I have legal protection on home insurance, but I will check this. Is it the legal protection on home insurance only which covers all actions?

Are there any lawyers who will work on no-win-no-fee for tribunal cases?

Lastly, I wish to prove that the handwriting expert is not actually an expert (because there are a lot of other evidences to suggest that) before going to tribunal. So how do I begin a court case against this expert because I don't know where to begin with this?

Many thanks

Ok. So start with Unison & call them up tomorrow.

[Koora]

On what date were you dismissed?

13 June. I am told I have 3 months less one day.

[efpom]

You may find this helpful.
https://www.gov.uk/employment-tribunals

[efpom]

If you decide to bring an action against your former employer, the proper forum for that is the employment tribunal. It seems to me that the key question to be answered there is whether you signed the document or whether your signature was forged. Your former employer says it is satisfied that it was your signature, and relies on expert evidence. That, in turn, puts the expert's qualifications to opine that the signature was yours in play. If the tribunal makes a finding that the expert was not qualified to give that opinion AND that the employer had no proper reason to rely on it, then it is more likely than not that it will judge that you were unlawfully dismissed, but, of course, it may judge that your dismissal was lawful. Either way, your action against your employer ends, unless you appeal to the EAT. Eventually, however, your action against your employer will complete.

That completion MIGHT not prevent an action by you in damages, against the expert directly, footed on the proposition that the expert was not qualified to opine on the authenticity of your signature. If that is right, it would be then open to you to pursue that action through the court (not the tribunal)

The problem with your writing on here is that it is light on facts, so everything I write here assumes the facts support my writing.

[efpom]

You might want to post up an unredacted copy of the expert's c.v. - it's a key piece of documentary evidence.