urgent requirement

[lostfaith]

Hello

I realise might have gone in employment forum but I would like remained in general consumer forum please.

It's basically on the onset I suffered a work issue which cannot be resolved on here but matters from bad advice from it.

I have been informed some other solicitors have been confirmed suffered professional negligence in terms of personal injury but wondered if other people agree their views on my occupational employment claim

In October 2010 I took out an employment claim for bullying, disability discrimination. On the onset, I was not advised of appropriate limitation with regards to the minus one day in employment law, the care letter said month to month but did not say exactly when it should have been done, on the other hand there was lack of medical evidence apart from support from family members, there was no attempt to get my medical records. Aside from this I had nothing on my GP file, except being on NHS waiting lists at the time and could not be prescribed anti depressents till referral's opinion

I had to wait till after my pre hearing review to see a counseller.

I had the pre hearing review and the claim was struck out, as passed three months, but sought advice for a three month extension given the previous solicitors I sought ceased trading but have found out they've changed names

I was very ill at the time and could not cope, no advice was given to me on what to do after the pre hearing, it has limited my job prospects, despite the fact, I've seen a physiologist and was agreed I had 80-90 percent of a work related depressive disorder.

I paid a £750 plus VAT for that representation and even though it ended I have not been given further advice on whether to pursue a Prevention From Harrassment Act Claim; to obtain five figure sum in loss of earnings from former employer; in addition regardless of a report which said 80-90 percent of bullying. The limitation was missed for that extra claim.

In short, should I be complaining to the employment solicitors for going through the trauma of having to go through the employment pre hearing review, having never been to court before; and not coping; then a report followed two years later supporting work stress; their actions limited me to take this further, their negligence failing to advise me of the correct limitation and the five figure sum lossed due to their result - (two years work related depressive disorder)

The personal injury soliciors who obtained the physiologists report say loss of earnings do not fall part of a personal injury claim they say it would have been an employment matter; they failed to tell me no loss of earnings to be obtained at beginning; the personal injury limitation date was missed etc

[Celestine]

Re: anyone agree with me?

If your previous solicitors 'lost' you your employment claim due to non compliance with limitation for filing claim/evidence etc, then you should make a claim against them for professional negligence. Their practice insurance covers such eventualities.

[lostfaith]

Re: anyone agree with me?

the form was filed out on time within the six months but I was not advised on the care letter when this date should have been brought in the first place. It only said I left my place in March 2010 it should have been done by June 2010 - it did not say day appropriate for leaving and when last day had to be submitted - should I have been told very least minus one day originally?

[lostfaith]

Re: anyone agree with me?

on the other hand, I sought advice prior to the trauma of the pre hearing review, from some solicitors who have changed names. They on the onset of it all, did not give exact limitation, they said within three months, and I was told to go local; they did not send me a draft form, or take steps to help me prepare one.

They failed to also tell me that there would be consequences if the form was late, and did not tell me I could have represented myself.

Even though they've changed names and now only have a personal injury department could that still hold good boundaries

[lostfaith]

Re: anyone agree with me?

It was struck out because I had been made aware of the time limit on the onset, but the person representing me was trying to say I did not know about the time limit and was trying to say I was too ill; they did not get a letter from my GP that I would have been too ill.

Their letter says - as we discussed, although you would have had in my opinion a good claim for discrimination, because you had left in month/year, the deadline for bringing such a claim would have been before the end of month/year - (again, not written down the exact day month and year, only month and year, dates I mentioned in the letter, to give indication of appropriate time limit e.g. the minus one day)

It also says "whilst the usual time for bringing (type of claim) is also three months * again no mention of correct limitation* the tribunal do have sometimes do have discretion to hear it if they are shown it will be just and equitable to hear the claim

At the time I was too ill, I had been waiting for NHS counseller not given chance to say I had been waiting for treatment for this
No explanation of case law was given that was used to argue my case

[lostfaith]

Re: anyone agree with me?

can someone else agree with me - a friend says; my last known act of bullying was 13 november 2012; the grievance was dated 13 november 2012; they failed to look at the grievance when dealing with the claim or asked me if i had sent one before they did paper work. they kept assuming i had resigned the 13 february 2013 - medical report says bullying from 13 november 2012 to 13 february 2013 ; are the ones he instructed here in the wron?

[lostfaith]

Re: anyone agree with me?

they are going with three claims here; equal pay, discrimination, unfair dismissal - they are doing the them all from February 2013 to May 2013 despite the bullying last known act is 13 November

[lostfaith]

urgent requirement

Please can someone who knows employment law before old system finished please do me a flow chart on how the processed worked;

I had trauma of the PHR but wondered if someone could do one to explain in a flowchart on what happens after the three months, I've heard of CMDs now but wondered if someone can put how these can be continued etc

I am trying to learn from mistakes and want to show someone i've learnt from them

[lostfaith]

Re: urgent requirement

I urgently need for Thursday week

[teaboy2]

Re: urgent requirement

I think your best bet would be to contact Employment Tribunals service directly - http://www.justice.gov.uk/contacts/h...als/employment

There is also a link to some guidance on the above linked to site, that you may find useful too.

[lostfaith]

Re: urgent requirement

I also need some help urgently please how to answer these three questions



1. Firstly the solicitor owed you a duty of care;
2. secondly they breached that duty of care and;
3. thirdly, that breach caused you to suffer a loss

[Amethyst]

Re: urgent requirement

They don't seem to be questions, more statements of fact/opinion.

[lostfaith]

Re: urgent requirement

1. Firstly the solicitor owed you a duty of care;

Solicitor A owed me a duty of care to insure my ET1 was in on time I sent it to them they did not send it to the tribunal as I asked especially asking them and have proof of the emails. Solicitor A also did not keep retainer in the file.

Solicitor A did not calculate my loss of earnings properly and did not advise my merits on the claim and did not outline limitation correctly even though I gave representative dates to make sure accurate. I went back to Solicitor B who advised me their inhouse counsel had left and unable to do the claim there on

I approach solicitors C who advise me good potential claim, claim is out of time a PHR so solicitors C act for me, they fail to contact my GP to make sure my depression is from period xx to xx and not from a different date, they also fail to amend the et1 before it actually goes to tribunal

Solicitors C do revised particulars however do not calculate my claim

2. secondly they breached that duty of care and;

Solicitors A breached not keeping open file for me and have proof of their admission they destroyed all emails sent to them therefore they must've destroyed whole file - go out of business change names, solicitors C also fail to keep in touch with me after to find out how I am, they also breached it loosing my chance for a claim in civil court for harrassment despite 90 percent score of work bullying from a clinical physiologist who also agrees depressive period from pre hearing review

solicitors c also breach not putting proof i had sought advice initial three months despite sending in and have proof making me look bad i had not

3. thirdly, that breach caused you to suffer a loss

solicitors A do not calculate claim value - causing it to loose ten years wages, they also do not make any prospects to make sure it successful - it caused me also to suffer loss for future loss of earnings given they fail to send to tribunal at all

Solicitors C do not outline if ET1 would have been correct loss of earnings, do not calculate my loss of earnings even on a new particulars claims I also pay fixed fee to solicitors c for just nearly 1000 solicitor c also inexperienced

can someone help me rephrase bit better

proof of her admission and also proof all emails sent all for solicitors a and c - solicitors b were CAB

[Amethyst]

Re: urgent requirement

Okay I presume you have another thread with the back story of this around somewhere, if you can give me a link to that I'll merge the threads and we'll have a better chance of giving you a hand with this.

[lostfaith]

Re: urgent requirement

no only one to clarify if limitation period was correct but that was not for me it was someone else something different but i only think his one for merging http://www.legalbeagles.info/forums/...ht=#post407019 as solicitor c did not go by a grievance date instead they went with resignation date