Hello why was it the unions fault that you were sacked?
Hello, sorry I was offline by the time you had replied. In the circumstances the only thing you can potentially do is hold the union responsible under the law of negligence. You would be arguing that the representation they provided you with fell below the standard expected of a reasonable union in their position. You would however be expected to show that any other reasonable union, with the same knowledge and expertise of your one, would have acted in a different manner and would have clearly made different decisions. This may not necessarily be that easy to prove though because not every other union would have necessarily acted in such a different way that what happened to you would have definitely been avoided. So whilst it is certainly possible to consider taking this matter further, be aware of the potential difficulties in doing so. You just don’t want to end up pursuing a legal claim and incurring further costs and takin up lots of your time for something which may not necessarily get very far. As you are the one making the claim it would be for you to prove that their actions were negligent in the eyes of the law as discussed above.
There is nothing stopping you from pursuing them directly and unofficially to start with to see if they can resolve this with you, but If that fails then your only option is to make a formal claim.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you want to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.