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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44874
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been unfairly dismissed with my name defamed. I have

Customer Question

I have been unfairly dismissed with my name defamed. I have been blamed for something I did not do (abuse) It was not what I did it was the way my corrupt company looked at it and twisted the evidence. For some unknown reason my union will not take the case. I have been suspended on zero pay since middle june. I am on low benefits now. I will not be able to find another job in care, ( I have worked in care for over 40 years) I wanted to go back to nursing, but now I wont be able to nom, for something I have not done. It was a mister meaner. I was victimised. I cant be left like this with a bad name not being able to work in care again. Please I need a good compassionate solicitor who will represent me through pro-bono. Is there anyone out there who will help me. I have only three months from the 15th Sept, which is 16th Dec to get case in. shirley
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. First of all just to clarify we do not represent clients, we are only an online Q&A service for legal matters. Whilst we cannot point you to a specific solicitor who will represent you, we can discuss your situation as necessary. In terms of getting a solicitor to work on a pro bono basis you are highly unlikely to find one because employment matters do not really attract that. There is an organisation called the Free Representation Unit (www.thefru.org.uk) which can represent you for free but they will assess your case individually and it also depends on their availability, but it is worth trying. Apart from that you are very limited for choice, so if you are actually a member of a union you may want to use them as they should be able to provide you with free representation, depending on the strength of your case.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-y5nzbn2g- :

My case is strong I have been unfairly dismissed but my union wont allow my case to be tried at a tribunal. What can I do know. I am a qualified nurse, so my nursing career will be affected. The company I worked for was corrupt, they blamed me for something I did not do. I worked as a support worker for adult with learning disabilities I was a good worker I had and showed compassion for the people in my care. I placed a lady in my care in a wheelchair ready to be taken out, as she was agitated taking her out calmed her down tremendously. She could walk but was much better to be taken out in a wheelchair as she had a severe learning disability that prevented her communicating. I placed her at the table at the only accessible area to give her jeely as it normally brought her back to baseline and calmed her. Very sarcastically the other staff said i wouldnt place her there as she may "hit out" ( she always sat at the table with other two service users in which the other lady was mobile, ambulant and could have ben placed somewhere safer if the other staff she was sat somewhere unsafe. I did not think she would have hit the other s user so placed her at the table but unfortunately she pulled the other lady's hair. Nothing was mentioned to me the other two s users went out for lunch as she was not hurt at all. In fact I was asked to work another shift the followeing Monday, this was Wednesday. I worked the following Monday on a "sleep" shift which involved me working solely. The same day the manager of the house lifted the lady in question up and most probably bruised her. I did not know that the company reported me to safeguarding team two weeks after, originally the allegatiion was trying to force the lady into a wheelchair, which obviously was dropped as I did not do so there was no evidence to prove it, but he company decided to do an internal investigation just purely to find a incident to constructively dismiss me on. This is a very unfair dismissal I had a good reputation which also has now been quashed. So yes this case has to go to a tribunal in order to clear my name so I can work again in care else I will never work in care again. Also I am a practising voluntary counsellor which also could be affected. Please help me

JACUSTOMER-y5nzbn2g- :

I have replied to you. Have you received the reply

Ben Jones :

Hi, you cannot force the union to help you in taking a claim forward, but at the same time they cannot stop you from making the claim yourself, wither alone or with the help of a solicitor. You do not actually need a lawyer to make your claim – I have dealt with many cases where the claimant has taken the case to tribunal themselves and have acted without any legal assistance. In an unfair dismissal case it is for the employer to prove to the tribunal that the dismissal was fair, so your work would be cut out to an extent – you are not the one that has to prove the dismissal was unfair.

Before you are able to make a claim you would also have to go through ACAS and use their early conciliation service, where they will act as a mediator between the two parties and try to reach a financial settlement to avoid the need of litigation. If that does not work then you will be given permission to make a claim at tribunal. If it goes that way then as mentioned you can make the claim yourself without any legal help, or you can enlist the help of a solicitor (for a fee as you are unlikely to find anyone that just does it on a pro bono basis), or use the FRU as per my earlier link.

Does this clarify your position?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

JACUSTOMER-y5nzbn2g- :

no I would not fight this case myself without the help of a legal representative. This case needs investigating, the company need investigating they are corrupt, they tried to blame me for apparently forcing her into a wheelchair to safeguarding team, when the manager of the house had lifted the lady up in question. They have defamed my name as well as dismissed me.

Ben Jones :

ok so what further clarification do you need from me please?

JACUSTOMER-y5nzbn2g- :

I would appreciate it if you could send me contacts of any good s solicitors in the Manchester region who would do me pro-bono ?

JACUSTOMER-y5nzbn2g- :

yours

JACUSTOMER-y5nzbn2g- :

shirley

Ben Jones :

as mentioned you will not get solicitors to do such work on a pro bono basis I'm afraid, your best bet is the FRU, the link of which is in my initial response abive

JACUSTOMER-y5nzbn2g- :

Would you please remind me what the FRU represent and if you know their contact details please x

Ben Jones :

The FRU (www.thefru.org.uk) takes on employment tribunal cases for people who have been referred to from specific referral agencies and who are not generally entitled to legal aid. You need to contact one of these agencies first and if they believe your case is one that can be referred they can do so and direct your case to the FRU. A listr of these agencies can be found here:

Ben Jones :

http://www.thefru.org.uk/get-advice/list-of-agencies

Ben Jones :

Has this clarified your position?

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