Has my solicitor cost me?

[C82]

I’ve just been through a tribunal with my old employer, and the reserved judgment has come back not in my favour. I felt there was a turning point where my barrister was trying to argue a point, but the judge stated ‘that was not the claim out before them’. The barrister then said ‘well I can’t control what was done before me’... it was at that point, that my solicitor seems desperate for me to settle what was a relatively low offer in comparison to loses (20k). Did they make a mistake? Are used them on I recommendation, and initially paid £3000 for the particulars, and then my insurance took over. Throughout the process there were missed deadlines, leading to the witness statements only been exchanged a few days before the trial. And me not getting a physical copy of the bundle until 10 minutes before the start of the trial. I was given a link to an online site with a massive 500 odd pages, I spent the week trying to find out what was not in the bundle, I also stressed that certain things should have been added, but they did not add them. There are two phone calls obtained via SAR I asked to be added, but they did not add them. And mid trial, there was a document I realised was missing that I had provided. My barrister told me email to my solicitor and ask him why they did not add this document. They did not reply.


I understand that mistakes can be made, but if they cost me, there are avenues to pursue right?

The judge says failure to make reasonable adjustments was not added.


This was in the conclusion, which I found unusual.

“There is no claim before the tribunal for failure to make reasonable adjustments”

[ULA]

Have you raised a complaint in accordance with the complaints procedure of the law firm.

[C82]

Thank you for the advice. I have put a complaint in, and the solicitor has instigated the complaints procedure.



I have one day left to put in a reconsideration request. I have gone through the judgement, and it is very clear that the judge has got factual things wrong. I have put this together and pointed towards the evidence. What can I do about this? There is a part where they mention there is no medical evidence, yet I provided years worth of medical evidence

[C82]

Ula I have done the above, but I am having an issue with the reconsideration request, which times out tomorrow. The link on the Gov site is broken, and the contact number cuts off after into every time. The only way I can place the reconsideration request is via email, which they have yet to reply too. Is this sufficient to lodge the request?


I have given reasons where the ET have been factually incorrect, and directed them to the bundle pages where the evidence to prove that is.

My solicitor also did not add documents I gave to them, which would have added context to a cruel period in time. It does say on the Gov website, "if there is new evidence".. Would this be allowed to be considered?

[ULA]

Have you send the reconsideration email in today i.e. within the timescales of the deadline which is within 14 days of the judgement?

I presume that you put your case number in the subject line of the email as well which is useful for the Tribunal to process.

[C82]

Yes, I got it in, and had to contact the Tribunals service on Twitter to get them to acknowledge it. They have said they have forwarded it onto the judge.


Do you know if there a time limit for reconsideration? I am wary of the 42 day EAT window too.

Regarding EAT. Am I at risk of paying costs there? Is it a full blow trial again? Can I add the missing evidence?

[ULA]

There is no time limit for a Judge to review a reconsideration. The timescales on the application to the EAT is very strict so do not rely on hearing back on the reconsideration before making the sumbission.

The same applies to the payment of costs at an EAT as at an ET there is always a risk. You may be well advised to read this document if you wish to pursue an EAT

https://www.judiciary.uk/wp-content/...-19-09-19-.pdf

[C82]

There is no time limit for a Judge to review a reconsideration. The timescales on the application to the EAT is very strict so do not rely on hearing back on the reconsideration before making the sumbission.

The same applies to the payment of costs at an EAT as at an ET there is always a risk. You may be well advised to read this document if you wish to pursue an EAT

https://www.judiciary.uk/wp-content/...-19-09-19-.pdf

I think the sticking point for me is "a point of law". What has happened in my case is that the judge has made a judgment where he has made certain statements, such as, "there is no medical evidence" ...... yet, I have pointed to 30odd sieved in the bundle in my reconsideration request. It is clear they have not read the bundle, or even looked at the reams of GP & Occupational Health evidence.

Do In just have to accept they didn't read it, or is there an avenue I can pursue past reconsideration? I find it hard to believe a judge will accept to be proved wrong, and will go back on his decision.


It's really frustration this is. I would grudgingly accept a fair judgment against me if thats what it was, but it is bordering on a fairytale what the judge as written, and is not based on the evidence in the bundle. Surely our great legal system is not this bad.

[ULA]

Unfortunately the only course of action you have after reconsideration is the EAT.

[C82]

So I put in my complaint, which was responded to 2 days after he said he would. He’s not accepting he forgot to put ‘failed to make reasonable adjustments’ in, yet every email we ever had was titled that.

I placed in my reconsideration request, but yet to hear back, and the deadline for EAT is Tuesday. What do I do? I don’t have any representation now and really don’t known what to do.


Also, toward the trail the lawyer seems to try to get me to settle for anything over £15k. I’d paid £3k myself before my insurer stumped up another 7-10k I guess. This leaves me wondering why a solicitor would take on a job then try to get me to accept more or less what has been spent on it.

[ULA]

Even though you have made an application for reconsideration which you have not heard back from you need to get your EAT in on time.

[C82]

Do I put my reasons, and the EAT decide if it goes ahead or not?

[ULA]

This will be a useful document for you to go through particulary sections 2 & 3

https://www.judiciary.uk/wp-content/.../07/eat-pd.pdf