Pending ET and Solicitor problems

[Heather7]

I would appreciate if anybody can help me? My husband was sacked for gross misconduct a few months ago under Health & Safety proceedures. The crux of the matter was that he was worried about H&S not being followed correctly and that he and his collegues were being ordered to work on items that they were neither qualified or trained to do so. After the correct proceedures they sacked him and quite a few of his collegues, my husband employed an employment solicitor to proceed to tribunal.

The solicitor stated that although his case came partly under unfair dismissal it also included protected disclosure (whistle blowing) as he had to write to senior management to try to alleviate the situation.

We have had a few problems mainly from the employers solicitor who kept refusing to send out documents needed, but our solicitor thought we had at least a 50% chance of success as we do have very relevant witnesses to this case. Also all my husband wishes is to clear his name and hopefully get our solicitor fees paid. He is not after lots of compensation as up to now he has over 30 years in the industry with a spotless record but now he can not even get a job cleaning (no offence to cleaners just example that he was a skilled trade)

However we are now less than 2 weeks from the tribunal and our solicitor has failed to get the witness statements in on time, they are not even typed up yet! This solicitor is now saying he has no chance of winning and maybe he should cancel the case or ask the other side for a monetery settlement of say a couple of hundred? The solicitor has admitted that they are swamped and are not prepared for the case (even though they have had 6 months to prepare) The solicitor will ask the tribunal if they can submit the witness statements in late but I am unsure about them agreeing. At the moment we have spent our savings quite a few thousand on this and I am now very worried about all this. Can anyone give any advice on this please?

[SpringerSpaniel]

Re: Pending ET and Solicitor problems

I don't think you shoudld continue with these solicitors, and I think you should make a complaint about them to the Solicitors' Regulation Authority.

You can get free legal advice about an employment problem, often including representation at tribunal from a Law Centre, www.lawcentres.org.uk. You could also approach the Free Representation Unit www.fru.org.uk.

Do not rely on being able to serve the statements late. If need be, act in person.

[Heather7]

Re: Pending ET and Solicitor problems

Thank you Springer Spaniel we did check with the local law centre but it is too close to the tribunal date for them to take on the case. We are very worried as a lot of the evidence hinges on the witness statements and we now have another large bill from the solicitor even though they do not appear to have a clue about his case.

[Eloise01]

Re: Pending ET and Solicitor problems

It will be almost impossible to get another solicitor to take on the case this close to a tribunal date. If the tribunal are contacted urgently they are quite likely to permit a little leeway on the dates of the witness statements - employers almost always send theirs in late! Oh, they will not be happy, but it's quite rare that they refuse. And they will no doubt let the solicitor know that they are unhappy.

The FRU do not take referrals direct - you have to go though a referral agency (often the local CAB), and even if they would now take the case (and they cannot even take all the cases referred), there is almost no chance that the process would be completed within two weeks.

I have little confidence in your succeeding with a complaint - although you should certainly make one. Your first step has to be to complain to the actual solicitor about their service in this matter, detailing how you feel that they have failed you. If that does not resolve the matter you must ask for the details of their designated complaints handler (each practice has one) from the Regulation Centres contact centre on 0870 606 2555 - unfortunately there is often, in my opinion anyway, a lot of wriggle room for them to sneak out through. Especially if you do not have all of this in a written or evidenced format. I am afraid that I have all too often come across a minority of solicitors who are willing to say, or appear willing to say, almost anything if you are paying the bill. It is one reason why, despite some faults, no-win no-fee arrangements have benefit, if only to get second, third or fourth opinions - if they see no prospect of making money, they will very quickly show you the door, and that's a big hint to go it alone or forget it (which you obviously weren't going to do the latter, but the former was entirely possible - people do it all the time).

To be perfectly honest, at this late stage I think that your best option would be to read the solicitor the riot act. If you can evidence professional negligence, so much the better. But you cannot afford to care what happens to the work of his/her other clients - all you can afford to care about is your own case. You may find this link helpful in terms of ammunition for a riot act - http://www.sra.org.uk/solicitors/han...e/content.page

Good luck - I wish I could suggest a solution that would take this worry away from you, but I am afraid that it is much too late to really do anything but try to recover the situation as best you can.


______

PS - Make it clear to the solicitor that he is not empowered to talk to the other side at all without your specific permission, and any and all communications should only be undertaken with your agreement. It is not unusual for the employers side to propose settlement at a late stage, even on the day of the tribunal hearing. But if you show any weakness in settling now, they will sniff blood. Any proposal to settle should come from the employer, and the solicitor should only be empowered to receive that offer and refer it to you - without any discussion about it on his part with them. Make that clear. If he gives away the game that he is willing to settle for nothing, that is what they will be offering.

[Brighton-cpe]

Re: Pending ET and Solicitor problems

sorry for jumping in late on the thread, I too have had experience with a negligent no-win no fee solicitor who left me high and dry and I have a feeling deliberately sabotaged my case when she found out who the employer was and the work she 'should' have done in order to have a good shot.

All I can say is a possible Subject Access request to the employer through the Information Commissioner's Office, mention to the ICO you have an imminent hearing and need the info from the employers asap. I have a feeling your solicitor should of done this but the S is clearly is incompetent.

Also write to the Tribunal registrar asap and inform them of what is going on a pray they give you some leighway. All the best and good luck

Brighton