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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47862
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My son was sacked from s full time employment on 21/04/16.

Resolved Question:

My son was sacked from his full time employment on 21/04/16. He received no verbal or written warnings previous to this and feels he was unfairly dismissed. He attended Citizens advice service and ACAS were notified and arranged conciliator to try and resolve situation between both partes. However we are at stalemate and certificate has been ssued by ACAS so my son can take this to Industrial Tribunal.All paperwork we have in connection with the events are letters from employer, copies of emals from conciliator and obviously certificate issued. At no time has my sons view on situation been recorded within any of this. Due to breakdown and conflcting interests, my son feels that reinstatement would not be an option and would certainly affect his health, as he suffers from epilepsy. He was employed for two years and eleven months with the firm. he was paid his months wages and two weeks pay in lieu of notice. He has been unable to obtain full time employement at this time. I wanted to know that under circumstances would it be in my sons best interest to engage solicitor to act as his representative and would he be able to aply for funding to cover costs of this Please advise.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Why do you think the dismissal was unfair?

Customer: replied 1 year ago.
He made a mistake which he and a colleague rectified and informed management of his error. He had no previous verbal or written warnings about his work or issues with his work as a mechanic. The reason the owner gave for his dismissal at the time and he has also put it in writing within one of the letters, that the mistake "could have cost him a lot of money" but as my son and colleague rectified mistake immediately, it did not incur this cost
Customer: replied 1 year ago.
When my son was first employed by firm he asked if there was anyway he could finish his apprenticeship as he had not completed this in previously due to his health but owner was not interested in this as it would have incurred quite a cost. Now however through conciliation process he did put in writing offer of completing apprenticeship if my son was "now willing to work towards this" and at rate of pay for that. My son feels this has only been now offered to look better in eyes of ACAS as previously owner was not willing to pay for my son to complete training but happy for him to service vehicles on an ongoing daily basis
Customer: replied 1 year ago.
Do you think my son would have case to take forward to Industrial Tribunal for unfair dismissal and would he be better to secure solicitor to act as his representative?
Expert:  Ben Jones replied 1 year ago.

OK thank you. The issue with employment tribunals is that there is no funding for them and whilst he may get a discount on the claim fees if he is on low income, he would not get any financial assistance with legal representation. There is no legal aid for example in the tribunal procedure. Therefore, he would have to either pay for a solicitor himself and cover all costs, or proceed unrepresented. It is certainly not a legal requirement to have a solicitor to be able to make a claim and many claimants go at it alone. The good thing here is that this is an unfair dismissal claim which means it is for the employer to prove that the dismissal was for a fair reason and a fair procedure was followed. So the burden of proof is on them, not on him.

He could get indirect assistance along the way from other sources but that would be limited. For example the Citizens Advice Bureau, our site, etc. Also the tribunal would know he is an unrepresented party that is not legally trained so they would help him procedurally as and when needed.

One further option he has is to try the Free Representation Unit. They provide representation at tribunals but he needs to be referred to them to be eligible and a list of the referral agencies can be found on their site:

http://www.thefru.org.uk/

Whether he has a valid case to take is very difficult to say based on the basic information I have – really a formal case analysis needs to be conducted by a solicitor to determine what his prospects of success are so I will have stop short of saying whether he has a strong case or not.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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