Legal Aid if you are on JSA!!

[Hellothanks]

Hello, just wanted to let people know that if you have an ET claim for unfair dismissal/discrimination and are on job seeker's allowance then you qualify for legal aid. I was told that yesterday by Civil Legal Advice (CLA) : 0345 345 4345.

I've been on jsa for about 5 months but only found out about them after getting a job so i missed my chance!! that's the story of my life - finding out things when it's late and missing the chance! Don't miss yours!

[ric]

Re: Legal Aid if you are on JSA!!

Interesting but I think that you would have to meet very strict criteria to get legal aid in an employment case. Even when on benefits.

[FlamingParrot]

Re: Legal Aid if you are on JSA!!

Hello, just wanted to let people know that if you have an ET claim for unfair dismissal/discrimination and are on job seeker's allowance then you qualify for legal aid. I was told that yesterday by Civil Legal Advice (CLA) : 0345 345 4345.

Interesting but I think that you would have to meet very strict criteria to get legal aid in an employment case. Even when on benefits.

Can you clarify what you mean by "Legal Aid"? Do you mean help with the cost of legal representation? Legal Aid in most employment cases other than discrimination has been abolished.

This document shows the changes to Legal Aid in detail: http://www.barcouncil.org.uk/media/2...=auto,-107,750

11.
Since April 2013, there has been no civil legal aid available for employment law cases except for cases which involve a contravention of the Equality Act 2010 or the legislation which preceded it (“discrimination claims”) or cases in connection with the exploitation of an individual who is a victim of trafficking in human beings (“trafficking claims”).

What they may be referring to is partial or total remission of the ET fees, which is still available to people on low incomes including benefit claimants. :thumb: http://hmctsformfinder.justice.gov.u...ctober-eng.pdf

It is, however, still possible to get pro-bono representation for ET cases from various law centres but you need to have a good case and be lucky to find someone available. Twice lucky in my case! :whoo: :whoo: :whoo:

[FlamingParrot]

Re: Legal Aid if you are on JSA!!

I've been on jsa for about 5 months but only found out about them after getting a job so i missed my chance!! that's the story of my life - finding out things when it's late and missing the chance! Don't miss yours!

You don't have that much time to submit a claim in the first place, four months at the most. You have to submit your request to ACAS for early conciliation within three calendar months, then the clock stops for up to one month while the process takes place. Once you get your early conciliation certificate from ACAS, you have a minimum of one calendar month to submit your claim. If you went to ACAS shortly after dismissal, you'd still have the remainder of the three calendar months. If your certificate is issued right at the end of the three months you have a further month, meaning you'd never have more than four months to submit a claim.

It should be noted that an ET will take into account your attempts to mitigate your loss when awarding compensation, the more you can show you were actively seeking work, the better. This is independent from the DWP requirements to actively seek work to preserve your JSA entitlement but the records you kept for the DWP do come in handy.

[Hellothanks]

Re: Legal Aid if you are on JSA!!

Hello Flaming Parrot, sorry for delay in replying - been unwell. Basically, by legal aid I meant free representation through Legal Aid, so if you qualify the adviser would refer you to one of their law firms which take cases on through Legal Aid. The Adviser I spoke to from CLA informed me the above so thought share. But thank you for contributing information, means people will have comprehensive information.

and, yes, some people are just too lucky! Good for you!

[Hellothanks]

Re: Legal Aid if you are on JSA!!

Hello ric, thank you for contributing and sorry for late acknowledgment - been unwell. The adviser I spoke to from CLA advised that was I on JSA I would have qualified.

[teaboy2]

Re: Legal Aid if you are on JSA!!

HelloThanks - The reason your adviser advised you you may get legal Aid for being on JSA to help towards your cost for Tribunal was because your claim against your employer had aspects of discrimination in it!

Legal aid is still available for employment tribunal claims that have discimination issues at the core of the claim. But not for claims that are not based on discrimination, such as unfair dismissal as a result of improper disciplinary procedure being followed or none being followed at all, you would get no Legal Aid!

[Hellothanks]

Re: Legal Aid if you are on JSA!!

Hello teaboy, yes, that's right, that's why I put 'unfair dismissal/discrimination' in first post but that doesn't necessarily make that clear so thank you for specifying it.

It's not for tribunal fees, was told it's to cover legal fee of a solicitor to represent you at the hearing! Feeling so tempted to resign and go on jsa! only because im feeling so desperate for representation

[FlamingParrot]

Re: Legal Aid if you are on JSA!!

Hello teaboy, yes, that's right, that's why I put 'unfair dismissal/discrimination' in first post but that doesn't necessarily make that clear so thank you for specifying it.

It's not for tribunal fees, was told it's to cover legal fee of a solicitor to represent you at the hearing! Feeling so tempted to resign and go on jsa! only because im feeling so desperate for representation

Unfortunately if you resign, you'll not only struggle with a claim based on constructive dismissal, which have very low success rates, but you'll also struggle to claim JSA as the DWP can sanction for up to 26 weeks :scared: for making yourself 'voluntarily unemployed'. This excludes resignation on medical grounds for ill health, including stress, but you'd need back up from your GP for this. :thumb:

[Hellothanks]

Re: Legal Aid if you are on JSA!!

Hello FlamingParrot, yes that's what's stopping me! I am extremely stressed out and sufferer migraines for which i take painkillers but will the doctor give me a sick note for that? I was referred to counselling but I decided to not take that up as they use clinical terms like 'admitted' 'discharged' etc which i was uncomfortable with and I was worried if i enter the system what that could lead to! So, I have been taking advantage of alternative therapies like weekly head massages, walk in the park and picnics with friends, friends who have been great support making time for me and just listening to me.

So, is getting sick note for 'stress' easy? Do I inform gp I am stress and will they give a sick note based on that, esp given I didn't take up the counselling? I was thinking if i could take time off work say for the month my final Hearing is on then that would mean I can just focus on Hearing then having to work as well, I am not doing well at my work as I am doing because I am constantly thinking about hearing.

[FlamingParrot]

Re: Legal Aid if you are on JSA!!

Hello FlamingParrot, yes that's what's stopping me! I am extremely stressed out and sufferer migraines for which i take painkillers but will the doctor give me a sick note for that?

It all depends on whether workplace stress is a trigger for the symptoms.

I was referred to counselling but I decided to not take that up as they use clinical terms like 'admitted' 'discharged' etc which i was uncomfortable with and I was worried if i enter the system what that could lead to! So, I have been taking advantage of alternative therapies like weekly head massages, walk in the park and picnics with friends, friends who have been great support making time for me and just listening to me.

All that is brilliant from a personal point of view, however, it won't help you make a case for workplace stress affecting your health.

So, is getting sick note for 'stress' easy? Do I inform gp I am stress and will they give a sick note based on that, esp given I didn't take up the counselling?

Uhhhmmm, good question! For some it appears to be very easy to get signed off for weeks/months on end for workplace stress. Not so for others. Personally the only time I did it I found it rather difficult but still managed to do it, with a little help with my friends who insisted on it.

I was thinking if i could take time off work say for the month my final Hearing is on then that would mean I can just focus on Hearing then having to work as well, I am not doing well at my work as I am doing because I am constantly thinking about hearing.

What's your hearing for?

[Mr $quandaŁot]

Re: Legal Aid if you are on JSA!!

A good doctor is quite capable of telling one who gebuilt need's time off due to work presure from someone who is just faking it!

[Hellothanks]

Re: Legal Aid if you are on JSA!!

Hello FlamingParrot, thank you for responding. mine is an unfair dismissal & racial/religious discrimination. stress is not due to my new job, its to do with the tribunal esp given I don't have a representative and all three of my crucial witnessed have now backed off. Been refereed to FRU but there's no guarantee. The pressure/demands of new job makes the stressing worse, but not directly triggered by it, if you know what i mean. So, yes, I can't say new job is triggering it, ,may be i should beg the Doc to give me a sick note as that will help me stress less so I can just concentrate on tribunal than having to deal with my clients cases on too!

you indeed seem to be lucky with things! what a luck you have!

[Hellothanks]

Re: Legal Aid if you are on JSA!!

Hello Mr $quandaŁot, thank you for sharing your thoughts. you make me feel as if I am faking it! I am not!! but not good at asking for sick note because to myself i am still managing to go to work and just manage and come home, so feel I can't convince Doc of the stress I am feeling, i leave on painkilllers and of course wonderful people around are greatly helping me too. I guess if i didn't turn down counselling then that would have made t easier to get one. anyways, should focus on what i can do in terms of preparing for tribunal than worry about if or if not i should ask for sick leave!

[wales01man]

Re: Legal Aid if you are on JSA!!

Only one person knows if you are faking it that's you, get to the Doctor explain it all and get help do not bottle it all up inside .
Going to any Court/Tribunal would stress most of us I don't think anyone on here would say you are faking it I think you are reading more into the answers than there is.
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