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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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, Is there a time limit as regards ***** ***** civil action

Resolved Question:

Hi,
Is there a time limit as regards ***** ***** civil action against a former employer? I am not able to use the Tribunal system, as I was only employed for 8 months before being dismissed for alleged "gross misconduct". Research since my dismissal has made it clear that the employer, who used the in-house disciplinary system to get rid of me, made massively faulty judgments and used flawed and dishonest "evidence".
Colleagues and others in the same field have urged me to take some action, not for money but to expose the system. At least three senior figures in the field are ready to state that the action I took that led to the dismissal was "not even misconduct, never mind gross misconduct".
The initial hearing was at the end of May 2014 and the final appeal hearing was mid-July. I'm looking at an action in the civil courts here, and/or maybe one at the ECHR.
Thank you.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Was there an element of discrimination involved in your dismissal and what reason do you have for not complaining within the 3 month tribunal time limit?

Customer:

Thanks Jenny. I;m Jon.No discrimination as such. I was dismissed on a trumped up charge of gross misconduct which nobody else in the field even considers to have been misconduct. (cf. the fact that I have now obtained a similar job at another organisation. which is fully aware of all the circumstances leading to my previous dismissal). I had only been working there for 5 months or so, so there was no prospect of going to a tribunal. I just want to know if there is a time limit from when the case was finally decided - i.e. last July, after which I can no longer take civil action either here or at the ECHR. (I know I can't do them for unfair dismissal, but there were obvious abuses of process and the affair could have led to me being unemployable). In other words, is it worth going to a Barrister now, or is it too late?

taratill :

If I am absolutely honest with you there is no point in you raising a claim in the civil courts. They will not hear a claim relating to the manner of your termination as the employment tribunals have jursidiction to hear such claims and clearly you did not have adequate service to bring an unfair dismissal claim.

taratill :

The lack of rights for employees to take action against their employer in the UK is a major weakness of UK law. The simple truth is that in the UK you can be dismissed for any reason (can be as simple as someone does not like you) with no process and there is no cause of action (the exception to this is where the reason is discriminatory).

taratill :

I am sorry that this is the case but do not want you to have false hope and waste your money. Although I do not think a barrister or solicitor would take the matter on in the first place.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Understood. Thanks for that, and for your honesty. I know that what you say is right as it confirms other research. However, there are still unusual circumstances, which are too complex for this forum to discuss now, that lead me to believe that there IS a case. It cannot be right that people can club together, lie, cheat and trick, just to get the "right" decision at a disciplinary hearing.

Customer:

So please, if you can, would you give me the answer to the question - "is there a time limit for taking action, either in the Uk or in the ECHR.

Customer:

If you feel unable to do this, don't worry - I'll still rate your answer and wish you well.

Customer:

Apols for any typois - I'm in a rush thius morning"!

Customer:

Best wishes,

Customer:

Jon

taratill :

Jon there is a 6 year time limit for bringing a breach of contract claim other claims have a 3 year limit. I do not think you have a claim of any type unfortunately for the reasons I set out above. The truth is the employer could have dismissed you without a disciplinary hearing and you would not have a claim. I am really sorry about this. I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time and good luck.

Customer:

Thanks for that - that's what I needed.

Customer:

Best reagrds,

Customer:

Jon

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