Archive for the ‘Employment Law Solicitors’ Category

Why is the law in favour of the employer?

Employment Law Solicitors

My Dad is currently taking his previous employers to employment tribunal, on the grounds of unfair dismissal. His loss of earnings amounts to 1.5 x a £28,000 p.a. salary. It is probable that he will win the case on the basis that he has written evidence that his employer unfairly dismissed him. However, he has been told by his solicitor that he will not get more than £20,000 in compensation. I don’t understand how this can be fair, and the law can be so in favour of the employer, when it is clear that his dismissal was an unjust. He has been out of work for a year and has only recently found a new job, from which he has earned about £500 this month, so the tribunal can hardly account for these earnings. Could anyone shed some light on this issue please?

Imminent Hearing – Urgent Question! In an employment law case in which I am the claimant and my ex employer…?

Employment Law Solicitors

the respondent. Following case management orders, we exchanged disclosure bundles. In their bundle, they included confidential information (email between my ex employer and his solicitor). When we finalised the hearing bundle, I wrote to them saying that I wanted this email to be included. They never responded to this letter. Now, 5 days before the hearing, the respondent’s lawyers claim that I obtained this information unlawfully and that it can not be included in the evidence bundle. Also,they are asking me to re-draft my witness statement. After an email exchange, they recognised that they were the ones who disclosed the info in the first place, but still claim that this must not be included in the hearing bundle nor my witness statement as this is subject to legal advice privilege.

please help! are they correct in saying that even though they disclosed it in the first place? Also, I had written to them about this weeks prior to the hearing and they only recognise that this info is in the bundle – is this acceptable?

Is Shetland Oil Fields Services a legitimate company in the UK or a scam front for bogus job offers?

Employment Law Solicitors

James Owen Shetland Oil Fields and Mr. Richard Clarke, Solicitor Hays Law Firm, Immigration Solicitors have contacted me, initially through Linked In by James Owen with a job offer, then an application to interview and finally an acceptance of employment contract outlining terms and benefits and contact information to the noted law firm to process for immigration/work permits for the UK. The supposed work location is Altens Industrial Estate, Aberdeen, UK AB123LG and the Law Firm is in London at Stockley House 13 Wilton Road, London. All the contract documents and work permit, afidavit of gaurantee papers look official and on the up and up but now I am told because they request payment for the visa/work permit fees via Money Gram or Western Union that it is a money and information scam. So is this a legitimate job offering or a very elaborate internet scam to bilk people out of cash and legitimate documents for personal identity theft?

How can I get my ex-boss to pay me my wages?

Employment Law Solicitors

I was working for a small new company. I was a Network Administrator and Software Analyst for them, and basically the only IT literate person working for them, which is silly considering it was a ""Gaming Cyber Lounge"".

I created a website for them, software for their machines to run on (I’m a computer programmer), as well as the normal stuff like installing all the software he requested (until I found out he was lying about licenses and the software was cracked).

I was supposed to be paid on the 21st of last month, which was actually a Sunday, so I should have been paid the Friday before which was the 19th. I still haven’t been paid, nor has any of the other 3 members of staff. Nor have I / we been sent our P45′s, though he continually explains that they are in the post.

He has told as on numerous occasions that our wages are being transferred, but of course they never arrive. We told him that we would start legal proceedings 2 weeks ago in an attempt to sue him for the cash, as well as wrongful dismissal or something along those lines.

This was being arranged by one of the other employees through his family solicitor. But he has since had to drop it because his solictor advised him how he would have to pay upfront for the court costs, and that getting the money back from my old employer may not be possible.

We of course haven’t worked for this guy since we didn’t get our wages, only occaisionally passing the shop to see if he’s there so we can chase him up. During our chasing, we’ve found out that he is under investigation for Money Laundering, and has been ‘done’ in the past for Embezzlement, and Fraud.

He was therefore not allowed to have a Ltd company, and is registered as a Sole Trader, assumably money borrowed for the business was against his house. (Sorry if any of this isn’t of use, but I thought it might be).

Lastly, my contract of employment does not specify anything to do with ‘Intellectual Property’. Its my understanding that an employer would usually claim ownership of employee intellectual property, or something along those lines? He however hasn’t.

He is now re-opening the same business under the same name, so I’m told. Is he also breeching any laws or copyrights by using my materials? For example, the programs I wrote there, or even the company logo, which I created.

Is there anything I can do to get my wages back from him? Failing that, is there anything I can do to get him shut down for good. I know its harsh, but this last month has been a nightmare for me and my family.

Many thanks in advance for anyone that can help, apologies for the wall of text. :)
Can I just add that this is in the UK? I might be wrong but the answers so far seem to be more associated with America?

Can I become a solicitor with a 2:2 from Cambridge?

Employment Law Solicitors

Hi all,

I graduated last year with a 2:2 in geography from Cambridge University. I think this result was largely due to me choosing the wrong course (I didn’t particularly enjoy it). I have a place on the GDL at BPP law school, but wonder if there is any point in me doing the course, given my poor degree class. I’ve completed two weeks work experience at two law firms and think this is definately the career I want to pursue, but am so disheartened to see the arbitrary 2:1 requirement in nearly all firms. Is there any chance of me finding employment as a solicitor?

Also, if you complete some extra modules in the summer, BPP will award you a Law degree on completion of the GDL. If I worked my socks off to try and get a first in that, would employers treat it as a ‘proper’ degree (i.e. could it counteract the geography degree)?

Thanks a lot for all your comments.

Unfair dismissal procedures?

Employment Law Solicitors

My partner has been unfairly dimissed from work, ive talked to a solicitor and said this is what he said.

"Your employer should have followed a fair disciplinary procedure which includes carrying out a thorough investigation, inviting you to a meeting to allow you to answer the allegations and allowing you to appeal against their decision. If they did not, your dismissal may be deemed to be unfair.

Although you may have been unfairly treated and may have a case, unfortunately, this is not a matter which I would want to take on a no win-no fee basis. Owing to the level of your salary, your damages (even if you succeeded) are not likely to be significant enough to justify a funding on this basis. I would of course be pleased to take the case on an hourly basis (£200 plus VAT an hour) but appreciate that this may be excessive for you.

Please be aware that if you do wish to take the matter to a Tribunal, you must do so within 3 months of the termination of your employment. This is a strict timetable and will not be extended, save in exceptional circumstances. The Law Society will recommend solicitors if you need this."

So £200 and hour is way too much , as my partner was getin £200 a week minus 80 tax.

any of you know any way to get solicitors to work with you if you cant pay? cant the goverment pay?

question to all UK law graduates working abroad?

Employment Law Solicitors

Hi there Im hopefully going on to study law at university Ive sent off my UCAS this year and expect to start hearing replies from universities soon however my question is to those doing law. I think law sounds like a really interesting course at uni however I am not too keen on becoming a solicitor or barrister in the UK I want to know what employment possibilities their are outside the uk maybe in america or the middle east or something, things like financial jobs or property law etc. Will I need to take extra study abroad? Will it be just as easy as applying to get a training contract with a uk based firm?

Want to study law at university can I work abroad?

Employment Law Solicitors

Hi there Im hopefully going on to study law at university Ive sent off my UCAS this year and expect to start hearing replies from universities soon however my question is to those doing law. I think law sounds like a really interesting course at uni however I am not too keen on becoming a solicitor or barrister in the UK I want to know what employment possibilities their are outside the uk maybe in america or the middle east or something, things like financial jobs or property law etc. Will I need to take extra study abroad? Will it be just as easy as applying to get a training contract with a uk based firm?

any information would be helpful thank you.

How to word a letter to a judge to make a request?

Employment Law Solicitors

As a respondent if a claimants representative is making a personal injury claim against me could this be considered a conflict of interests? After dismissing an employee this woman acted as a companion at appeal, claiming to be a Union official. She resisted showing her accreditation saying we were frustrating the data protection act in asking but finally produced certificates and a Unison card. The respresentative who is clearly no stranger to suing people is also threatening to sue myself and her former employers becuase I have made a complaint about her recording phone conversations and meetings without my knowledge or consent and for her threatening behaviour and use of scare tactics. Her employers agreed and she no longer works for them. However, in her latest letter threatening to sue me for defamation of character by producing "privelged" documents at the hearing she has said her union will sue me but on contacting them they have no knowledge of this even though she claims to have a response from their solicitors. The union say as I own a coffee shop she could not have acted as a union official in this sector and would have had to inform me she was acting as a lay official, which she didn’t. She was also advising the employee as an employment law specialist for the Citizens Advice Bureau. She had a fall on leaving the shop after the appeal in which she told the paramedics she had been suffering from a bad leg all day and it gave way but later put in a claim to say she had tripped leaving the premises which our insurance is dealing with. Along with a threatening letter she has now advised us she has agreed to represent the employee at trial. This woman is out of control and has lied constantly. Could I write to the judge prior to the hearing to ask that he review her involvement? Should I use conflict of interest only or should I send her threatening letter along with the response from her union also? She is trying to get us to leave out vital evidence by threatening legal action and she addressed this to me personally rather than the company? Please help?! What do I write to the judge?
Thank you laughter for your answer. Would I have a reason to ask for a motion to dismiss her as a represetnative? I am unsure how I need to word it in order to ask that her ivolvement be reviewed? Would I just ask that the case in general be reviewed? Thank you for your help.
Also, we have evidence that the claimant is being untrue on her schedule of loss, apart from the fact we offered to discuss giving her job back and she refused and there need not have been a loss, she is unwilling to voluntarily provide any evidence of mitigating her loss, her representative claims it’s an invasion of privacy! However, we know she can’t provide evidence because it will show she hasn’t told the truth. Can I write to the tribunal to ask them to order her to provide evidence? I can’t even make an offer as her rep has told ACAS she isn’t willing to accept less than the schedule of loss at this time! The hearing is less than a month away.

Confused – Employment Laws, Redundancy & Wills?

Employment Law Solicitors

I worked for a gentleman for 10 years as a housekeeper/companion. Sadly he has passed and although I know that he has specified in the will that he wishes for me to receive 12 months pay and for me to stay on in my home for 6 months, i would like to know if A) I am entitled to redundancy pay ontop of what he has requested be left to me in the will B) As I have lived in my home for so many years as part of my position am i entitled to stay here for longer than 6 months? C) My position was to take care of him. Now he has passed his son is requesting I go to the house on a daily basis to meet with estate agents who are valuing both his house (the deceased) and mine (his other property -next door). However I am of the belief that as my boss has now passed I do not have to carry out these duties any more. I am so confused.Legally I haven’t a clue where I stand and financially I cannot afford to go to see a solicitor. Can anyone offer advice please? Thank you