Solicitors Professional Negligence

[C82]

Solicitor Negligence - Missed Reasonable Adjustments Claim - Deadline Approaching!

Hi,

I'm in urgent need of advice regarding a potential professional negligence claim against my former solicitors. I have a rapidly approaching deadline (17th October 2025) and I'm feeling overwhelmed.

I represented by Spencer Shaw Solicitors in an Employment Tribunal (ET) case against a former employer. My claims included disability discrimination (ADHD and anxiety) and unfair dismissal. I lost the case, and I believe this was due to my solicitor's negligence.

The core of my negligence claim is the omission of a standalone claim for "failure to make reasonable adjustments" (Section 20 of the Equality Act). Despite initial discussions, inclusion of this issue in the agreed List of Issues in the Case Management Order, and even an invoice referencing "advice... regarding... refusing to make reasonable adjustments," my solicitor did not plead this claim. They later claimed it was "unsustainable," which I believe is demonstrably false.

In addition to the omitted claim, key evidence I provided was missing from the trial bundle, including an email instructing HR to keep me off work despite being declared fit. My witness statement also contained a factual error that damaged my credibility, which my solicitor failed to correct. There were also procedural issues, including late delivery of the bundle and failure to address factual inaccuracies in the judgment. Finally, my solicitor closed my file without resolving my complaint.

I believe these failings significantly harmed my chances of success at the tribunal. I've gathered extensive documentation, including emails, the CMO, the judgment, the invoice, the closing letter, and the bundle list, which I believe supports my negligence claim.

I'm looking for advice on the following:

• Strength of my claim: Given the approaching deadline, I need to know if I have a strong enough case to pursue.
• Quantifying losses: How do I calculate the potential compensation I lost due to the omitted reasonable adjustments claim and other errors?
• Including the barrister: The barrister drafted the Particulars of Claim, which omitted the Section 20 claim. Can I include them in the negligence claim, and what evidence would I need?
• Next steps: I've already complained to my solicitor, but they deny negligence. What should I do next? Should I escalate to the Legal Ombudsman, even though the deadline has likely passed?

I'm happy to provide more details or specific documents if needed. Any advice would be greatly appreciated. I lost this ET 5 years ago, and it really bugged me why my solicitor was trying to get me to settle on day one for what I considered a very low-ball offer.

Thanks in advance

[C82]

Amongst the evidence that I gave them which they omitted from the evidence, was 2 audio recordings, which would have provided context.

[C82]

This is what I want to send to the solicitor. I have redacted personal information.


Dear [Solicitor’s Name],
Formal Complaint – Professional Negligence – Case No: [Case Number]
This letter constitutes a formal complaint regarding your firm's handling of my Employment Tribunal (ET) case against [Employer], culminating in the dismissal of my claims on 25 March 2021. I assert that [Your Firm], and potentially barr [Redacted], acted negligently, causing me substantial financial and emotional loss, exacerbated by the estimated 18% increase in [Employer] employee pay since my dismissal on 18 June 2019.
My complaint details the following breaches of your duty of care:

1. Failure to Pursue a Reasonable Adjustments Claim (Section 20, Equality Act 2010): This is the most significant breach. Despite multiple discussions with your firm about a reasonable adjustments claim (evidenced by emails from [dates redacted], and your invoice dated 29 October 2019 referencing "advice in connection with... refusing to make reasonable adjustments"), and its explicit inclusion in the List of Issues agreed upon at the Case Management Hearing on 3 April 2020 (CMO, Appendix A, paragraph 3(d)), no standalone Section 20 claim was pleaded in my Particulars of Claim (drafted by barr [Redacted] and submitted 17 October 2019). Your 6 May 2021 response letter asserts this claim was "not sustainable," directly contradicting your earlier actions, advice, the agreed List of Issues, and the substantial evidence I provided. A reasonably competent solicitor would not omit such a viable claim, especially given the potential for adjustments such as:
   • Offering me the "ferry role," a position discussed with you and [Individual’s Name Redacted] on or around 17 January 2018 (documented in [Individual’s Name Redacted]'s email from that date), which aligned with my restrictions.
   • Conducting a wider role search beyond [Location Redacted], as permitted by my employment contract (24 June 2013) and supported by the [Precedent Case Name Redacted] precedent ([Court Redacted], April 2018).
   • Implementing OH recommendations, including providing a "clear defined job task" (DDR, 26 April 2018), and addressing the impact of my ADHD (diagnosed October 2018, confirmed by ASRS assessment 3 September 2018) and anxiety (documented since my June 2016 absence for stress and anxiety, per my [date redacted] email, medical records, fit notes, and [dates redacted] HR Direct call recordings) on my ability to adjust to new roles within [Department Redacted]. This is crucial given my January 2018 written request to be moved from [Department Redacted] (documented in my email to [Individual’s Name Redacted] on 19 January 2018 and my [date redacted] email to [Individual’s Name Redacted]) due to stress from encountering the manager subject to my grievance (submitted 16 September 2016, outcome meeting 12 October 2018) and HR’s suggestion ([date redacted] email from [Individual’s Name Redacted]) that a move could resolve the grievance.
2. Failure to Secure and Present Medical Evidence Effectively:
   • Linking Stress to Grievance: The Tribunal’s finding of no medical link between my grievance (submitted 16 September 2016, outcome meeting 12 October 2018) and my stress (Judgment, para 13) resulted directly from your failure to present the evidence persuasively and obtain expert medical opinion. I provided GP records (e.g., [dates redacted]), fit notes for "work-related stress" covering multiple periods, and DDRs (including 13 April 2018), all documenting this link. Furthermore, internal [Employer] communications (for example, the email chain from 19 July 2017) acknowledged the detrimental effect of the grievance on my well-being.
   • ADHD Evidence: You failed to effectively present the impact of my ADHD (diagnosed October 2018, ASRS 3 September 2018) on my ability to cope with the RWP (initiated 26 June 2018 and lasting until my dismissal), despite [Employer]'s policy (Code of Conduct, p. 140).
3. Mishandling of Evidence and Procedural Errors:
   • Missing Evidence: You omitted crucial evidence:
     • [Individual’s Name Redacted] email (20 December 2018).
     • HR Direct call recordings ([dates redacted]).
     • Ergonomic risk factor checklists (provided 3 February 2021).
     • 19 January 2018 letter to [Individual’s Name Redacted].
   • Inaccurate Witness Statement: The false statement "never had a problem bending or lifting" (witness statement provided to me on [Insert date]) severely damaged my credibility.
   • Procedural Failures: The late bundle delivery (online access six days prior to the 10 February 2021 hearing, hard copy 10 minutes prior) prejudiced my preparation. You also failed to correct factual inaccuracies in the judgment (e.g., "race discrimination"). Furthermore, the Case Management Order, dated 3 April 2020, clearly set out deadlines for disclosure (22 May 2020) and witness statements (13 January 2021), which were not met.
4. Failure to Argue for a Wider Role Search and Address Physical/Perceived Disabilities:
   • Wider Search: The RWP search (26 June 2018) was limited to [Location Redacted], despite my contract (24 June 2013) and [Employer]'s policy (Code of Conduct, p. 201).
   • Physical/Perceived Disabilities: My physical conditions (patella femoral syndrome diagnosed December 2016, shoulder impingement diagnosed 2016, keratoconus, psoriasis) and [Employer]'s perception of them as permanent (17 December 2018 DDR) should have been raised as disability or perceived disability claims.
5. Negligent Handling of Settlement Offer: Your email of 15 February 2021, forwarding [Employer]'s settlement offer (made on 12 February 2021) without any advice, was negligent. This last-minute offer and your inadequate handling of it deprived me of the opportunity to properly consider the offer, seek a second opinion, or negotiate as we spoke later that morning. The call to discuss the offer, scheduled after the deadline, was pointless. Your recommendation that I accept the offer was, I believe, a breach of duty.
6. Premature File Closure: Closing my file on 3 August 2021, without resolving my complaint (submitted on 11 April 2021), demonstrates inadequate service.

Causation and Loss:
But for your negligence, I believe I would have had a significantly stronger case and a higher likelihood of receiving substantially more compensation at the tribunal. As a direct result of your firm's actions, I have suffered significant financial and emotional losses. I will provide a detailed schedule of loss to my professional negligence solicitor, but these losses include:

• Lost earnings from 18 June 2019 (date of dismissal) to present.
• Potential Basic and Compensatory Awards for unfair dismissal.
• Potential Injury to Feelings Award for discrimination.
• Loss of potential compensation due to the omitted Section 20 Reasonable Adjustments claim.
• The [amount redacted] paid for barr [Redacted]'s services.
• Private treatment costs for my medical conditions.
• Interest on these losses.

I request a full response to this complaint, including a proposed resolution and compensation for my losses, within eight weeks (by [date redacted]). If this matter is not resolved satisfactorily, I will instruct solicitors to file a professional negligence claim in court by [date redacted].
Yours sincerely,
[Your Name]

[ULA]

When did you make your first complaint to the law firm?
When they denied negligence, why did you not then complain to LEO in the appropriate timescale?
Why have you left this nearly to the time limit for considering bringing a claim?

[C82]

Not long after in 2021.

I tried to forget about it as I thought that was it. It was a bad time anyway, so I had to not think about it.

A recent convo got me thinking. (with a barrister, I'm a chauffeur) and so I went over the files again. Yes time has passed, but I'm within the limit right?


Section 20 was spoken about multiple times, was in the CMO list of issues, and is even on the receipt for the barrister yet not in the particulars. They failed to fully articulate the section 15 case. Company mad an offer on the Friday before Monday's trial date with a 0930 deadline. I was not told until I was at court (chambers due to covid) via phone. The offer was probably on par with what it cosy to claim yet the solicitor was pushing me to accept it. I though something was up from then but couldn't put my finger on it. Physical bundle provided 10 mins pre-trial. (digital 1 week). Evidence I provided not in the bundle.

[ULA]

I have rhe following observations:

1. You have already made a complaint in 2021 under the law firm's complaints procedure which has been responded to. I am not sure why you are making the complaint again on the same basis. You cannot go to LEO with this as you are out of time.

2. This is now a civil court claim, if you proceed with it, you need to adhere to the Civil Procedural Rules.

3. Is the value of your claim more than £10k, I suspect from the losses you are looking to include it will be? If so, this will be a fast track case. Should you proceed and not win you will be responsible for the costs of the law firm to defend your claim, which could be substantial. Are you prepared for this together with having to pay your own legal costs?

4. Have you thought of taking some professional legal advice about the merits of your claim before sending the correspondence?

[Philler]

I also have a problem with the solicitors who handled my personal injury claim, iam also close to the dea

[Philler]

Deadline, the reasons for the delay were numerous, iam sure that many people after going through the process of the usual bullying, mobbing, hr tactics, and then being lied to by their solicitor, the union, the company, are not in any fit state to start again this process. I still have ptsd from trying to fight a battle on multiple fronts with no help or support, it's only now I have the strength to start again since new facts have now come to light eg a news story regarding the senior partner who was involved in my case has been struck off for pi fraud for substantial amounts over the recent years. It's all very well for a lawyer to say about time l but they are never going to be in that position. Like acas whose guidelines are totally out of touch in the real world. I would imagine there are many people who's mental health has been damaged beyond repair. When all they needed was help from an honest solicitor they could trust.