how does one establish loss

[lostfaith]

Hello

Friend lost employment dispute due to bad advice given, the deadline date was missed for the ET1 due to some one acting not getting it sent within the time frame. How does one establish loss for neglience in this instance, would it only be a burden if costs were made to the solicitors for their fees against them or would we need to establish what we would have gained in the tribunal should we have won it - I just understand principle if a solicitor misses a deadline but when one establishes a loss how can we demonstrate that.

Do we have to raise a complaint saying how much we sustained in lost wages due to their malpractice and their breach caused it - e.g they agreed to act but failed to obtain.

[charitynjw]

Re: how does one establish loss

Hi lostfaith,

Have the solicitors admitted their negligence?

[lostfaith]

Re: how does one establish loss

Hi

No response to our complaint has been given.

[charitynjw]

Re: how does one establish loss

How long since you complained?

& do you have proof of sending same?

[lostfaith]

Re: how does one establish loss

She sent nine months ago and did another this week, the employment claim was in respect of wrongful dismissal and she did not get her notice pay.

[charitynjw]

Re: how does one establish loss

Proof of postage?

[lostfaith]

Re: how does one establish loss

their emails are bouncing back undeliverable and she sent second class I will ask her to send recorded

[lostfaith]

Re: how does one establish loss

Shame both of us have had bad luck, but thanks to Bluebottle for help with mine but thought I d ask about hers on here.

[enquirer]

Re: how does one establish loss

their emails are bouncing back undeliverable ...

Are they still in business?

[lostfaith]

Re: how does one establish loss

Her dismissal was 2012. She has sent it again recorded on Saturday

[charitynjw]

Re: how does one establish loss

If the claim was for lost wages, this can be actioned through County Court for wrongful dismissal.

The time limit there is six years.

I'm not sure how the failed ET claim would impinge. (Did you claim & have it thrown out?)

To complain about the solicitor, try http://www.legalombudsman.org.uk/consumer/

[teaboy2]

Re: how does one establish loss

Agreed with Charity, non payment of monies due under employment can be claimed via the county courts.

You may also wish to report the solicitor to the Legal Ombudsmand - As they can order the solicitor to pay compensation if they find against the solicitor.