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Help with discrimination and home legal cover and more

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  • Help with discrimination and home legal cover and more

    Hi all,

    I would please like some help with my grievance at work / potential employment tribunal, which is driving me mad and taken over my life like I imagine it does to most people.

    I am a public sector employee, actually not an employee but somebody who is a crown servant/holds office of C (I am sure you gurus know what I mean)

    I have what I feel is a strong discrimination case. The strong case is based on my perception and I am a novice and obviously in need of a legal opinion.

    I have exhausted all interal grievance procedures and than some more! There is not going to be a resolution at work and that is definite.

    I thought I was privileged by being part of something similar to a union who use one of the best law firms around. Unfortunately a senior member of this union type is refusing me a legal opinion unless I can tell him exactly what laws are being broken. He told me this only when I finally got through to him after weeks of emails, phonecalls and letters. I am getting sidetracked here but his behaviour has been disgraceful for someone in such a position of authority. I unfortunately cannot tell him the exact laws nroken by my organisation.

    I am therefore finding some heavy weight employment law firms in London and looking to private fund (it is highly possible I may not be able to afford this) or use my home legal cover. I have AA home insurance and here is an extract from the policy, which is confusing me:

    4. Employment
    We
    cover the following:

    Legal costs
    for pursuing legal proceedings arising from a dispute with

    your
    employer as an employee under your contract of employment.

    We
    do not cover the following:
    Any claim relating to:
    disputes under a contract of employment which occur within 90 days of the
    start date of this Legal Expenses policy;


    the Equal Pay Act 1970 (or amending laws);
    travelling expenses, allowances or compensation payments for being off
    work; or

    any disciplinary procedures brought against
    you by your employer, or any

    internal grievances brought by
    you.

    What I would like to know is whether this covers me taking my organisation to an employment tribunal for a discrimination case, namely a disability one where I have already raised the issue as an internal grievance. The wording seems bizarre as surely you have to raise a grievance and exhaust all internal procedures before litigation?

    Can somebody help with the home legal cover extract please?

    I would also like to know if you guys can recommend on this forum? I am looking for a real heavy weight solicitor / law firm as any employment tribunal I have is likely to be a closed hearing (I am sure you legal Gurus would know why and I cannot go into it too much on a public forum)

    So far I will be contacting Bindman, Equal Justice (formerly Lawrence Davies co). I know Russel Jones and Walker have a great reputation and are the ones used by what I have similar to a union but cannot get through to them due to the poor union themselves!

    Any advice and I mean any at all to the above would be hugely appreicated.

    Many Thanks in Advance

    Prism
    Tags: None

  • #2
    Re: Help with discrimination and home legal cover and more

    Best thing I can suggest is to simply ring the AA and ask them whether the insurance covers you or not. It's their policy, so surely they would be the best ones to ask. If they say no, then ask them to point out the specific terms in the policy which preclude the cover.
    Is no longer here

    Comment


    • #3
      Re: Help with discrimination and home legal cover and more

      Originally posted by WendyB View Post
      Best thing I can suggest is to simply ring the AA and ask them whether the insurance covers you or not. It's their policy, so surely they would be the best ones to ask. If they say no, then ask them to point out the specific terms in the policy which preclude the cover.
      Hi WendyB

      Thanks for your post

      If I go direct to AA then they are going to want to fully assess the case before deciding whether they will fund it. For this reason I want a legal opinion before I approach them. I won't get a yes / no on the phone from them for this reason.

      Comment


      • #4
        Re: Help with discrimination and home legal cover and more

        Try http://www.acas.org.uk/index.aspx?articleid=1461

        http://www.equalityhumanrights.com/
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Help with discrimination and home legal cover and more

          Also, this might help:-

          http://www.bailii.org/cgi-bin/markup...method=boolean
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Help with discrimination and home legal cover and more

            Btw - you no longer have to go through the whole Grievance Procedure in order to submit an ET claim (since 6th April 2009) see the ACAS site (link above).
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Help with discrimination and home legal cover and more

              Thanks for all the help guys

              I have spoken to a solicitor and my insurance company - I am definitely not covered for legal expenses from my home insurers as I am a crown servant and technically not an employee.

              Comment


              • #8
                Re: Help with discrimination and home legal cover and more

                Hi Prism,

                I am somewhat puzzled as to what you wish to achieve here, but I appreciate that you probably don't want to post details on a public forum.
                However, my info is that Crown servants are covered by sect. 191 of the ERA 1996 (with the possible exceptions of redundancy payments & minimum notice).
                Other discrimination legislation may cover various aspects, & these would best be resourced from the Equality & Human Rights website.
                If your situation involves 'whistle-blowing', see the ACAS site.
                As for funding, you could think about 'no win no fee', or third party funding.
                However, if it is a personal issue, and the Employment Tribunal has jurisdiction, the outlay will only be your expenses (unless the claim is vexatious, or has 'no prospect' & you are determined to proceed.)
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Help with discrimination and home legal cover and more

                  Can after the event insurance be useful here? Not had much experience with it myself but my mother is considering it for her upcoming high court judicial review against the nhs.
                  Advice given is offered as personal opinion only. I always recommend you seek professional legal advice.

                  Negative, I am a meat popsicle

                  Comment

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