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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a equal pay claim against my employer Lancashire

Resolved Question:

I have a equal pay claim against my employer Lancashire county council. This as been lodged with Manchester tribunal since November 2007. Recently Thompson solicitors have put pressure on me to except £380 approx I refused this on the grounds that my hours of work was in correct for this period. They have recently sent me a letter to say they can no longer represent me although my Union advised me to go with them at the beginning I have contacted the union to ask advice due to receiving a letter from the tribunal giving me 7 days from dated letter dated the 23rd of sept to advice them if I am carrying on with my claim this I am willing to do but not sure if I would be liable for all the previous cost ten years worth can't get any help from tribunal office only that I may well could can u help me in this matter thankyou
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

Please could you kindly confirm how long you worked there for?

Customer: replied 6 months ago.
I've worked in my current position since 1996, but also held different positions in same school since the 1990 with the same employer.
Customer: replied 6 months ago.
Sorry I have a appointment need to go to won't be back until late afternoon could u please let me no where I stand on this by e- mail and I will contact u by phone if you leave a contact number a sap thank you susan
Customer: replied 6 months ago.
Hello just before I leave I should have given you my case number ***** with Manchester tribunal it is(###) ###-####2007 if possible need a response by Thursday the the 29th of sept 2016 thank you s p walsh
Expert:  Ben Jones replied 6 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience. The risk in terms of costs is if you continued with a claim which was weak or dis not have reasonable prospects of success, then the other side can make you liable for their costs from a specific date forward because you continued with the claim regardless of these issues.

It is quite unlikely that you would be made liable for the legal costs going back over the last ten years and the point from which any potential costs are calculated in the event you lost would be from the time you were given specific warnings wither by the other side or the tribunal that continuing with the claim will result in a costs application being made against you. Such costs cannot be claimed retrospectively so if there were no indications that you would be liable for costs and you continued on the basis that there were never any costs warnings issued, then you should not be liable for the time until such warnings were issued. So it would be most likely that a formal warning may be issued now and tell you that you either accept the offer that is on the table now or continue with the claim with the risk that a claim may be made against you for costs because you had carried on unreasonably.

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

Customer: replied 6 months ago.
Thanks Ben because they have made me offers, would that not indicate that I have a reasonable chance of winning also could you clarify what do u been in dis also because they ie Thompson's plus the union have broken their contract with me that I original signed at the time of claim going to the tribunal can they put me in this position legally it's not me that as stopped them from representing me when the union sett me on this path I've also just recovered from breast cancer and still have medical issues which I am trying to deal with my husband wants me to forget it but I am so angry that other colleagues have had their cases settled but it's taken 10 years to this point. The problem regarding these offers is that from2000 I worked 15hrs a week and also worked 10hrs at another school under the same employer which is why I have pay slips which prove this they combined my wages from both schools into one wage slip which they say due to claim being lodged in 2007 and me leaving the other school in sept 2005 doesn't come into the offers made although they still have my hours incorrect on the offers made to myself they also have changed my hours over the period since my claim was lodged what do u think I should do if u where in my shoes thanks susan
Expert:  Ben Jones replied 6 months ago.

The making of an offer is not an indication of your prospects of success. A party could often make an offer on commercial grounds, meaning it is cheaper for them to settle rather than continue defending a claim they could 100% win - so this is no indication of your prospects. The fact that the solicitor have stopped representing you is sadly not an issue for the other side - that is a matter between you and the union and their lawyers. I cannot tell you what you should do because I do not have sufficient information about the strength of your case - you can only get this from getting a formal case analysis by formally instructing a lawyer not through a Q&A site like ours. So it would be negligent of me to tell you what to do, I can just tell you the legal position and the decision on whether to continue is up to you. Hope this clarifies?

Customer: replied 6 months ago.
Thanks Ben I need to give this some serious consideration before I make my decision thank again
Expert:  Ben Jones replied 6 months ago.

you are welcome. I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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