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cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13329
Experience:  Senior lawyer with 30 years experience
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My Solicitor submitted my paperwork to the Employment Tribunal

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My Solicitor submitted my paperwork to the Employment Tribunal out of time which was entirely her fault. There was a hearing earlier this year when it was argued that the time period runs from the day I received my letter of dismissal rather than the day that the Solicitor received a brief email from my employers. The Judge was very sympathetic towards me and took a week to consider her findings. The Judge found that the Solicitor was an experienced employment lawyer and should have submitted the paperwork in time. I now have a date for an appeal hearing in January 2013. I can no longer afford to fund Counsel representation and am worried about the costs. If I do not go ahead with the appeal, can I still sue my Solicitor for total imcompetence?
I now live on a pension and simply do not have the funds to keep fighting this case.
Any advice would be very gratefully received.
Hi Thanks for your question. You should not need to fund the appeal. The solicitor should be doing that at her own expense. You should write to the solicitor and say you expect her to bear all the costs involved in the hearing on the issue of the claim being out of time and of the appeal as this arises from her negligence in failing to file on time.
Frankly missing such a time deadline is completely negligent unless she warned you and in some way it was your fault.

You should also ask the solicitor to confirm that she has notified her professional indemnity insurers as you will be bringing a claim if your tribunal claim fails due to the time bar.
cityguru and other Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

Thank you for your reply. However, one of my questions has not been answered. Do I have to go ahead with the appeal in order to sue her for negligence?

Thank you

No unless you are advised that the appeal stands a good chance of success. You should push the decision onto the solicitor. Tell her either to appeal at her expense or you will sue. You are legally required to mitigate ( minimise ) your loss but that does not include spending money on court proceedings to cover the solicitors failure.
Customer: replied 5 years ago.

My solicitor has now sent me pages about costs that may be awarded against me if we lose the appeal on January 9th. I cannot afford to pay out any more money in this case. It is being appealed on a point of law as it is felt that the Employment Tribunal Judge made an incorrect decision.

The stress of this case is really affecting me and I am wondering whether to withdraw. The bundles have to be in by Monday at 4pm. It is all very distressing. My Insurance Company will not pay for an appeal but would consider paying for representation if it is returned to the Employment Tribunal. If I withdraw now before the appeal will my employers be able to claim wasted costs?

If you do not proceed with the appeal then costs can be awarded against you but you really must push the burden of this onto your solicitor. You must make it clear in writing that the costs of the appeal are for her account and if any costs are awarded against you, you will seek to recover them fro her. It was her negligence and she has to take responsibility forit.