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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 55313
Experience:  Qualified Employment Solicitor
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My employment was terminated in February 2014, due to my

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My employment was terminated in February 2014, due to my disabilites of which they were aware of before employing me.back in October 1998. My Union, who i asked for assistance when the problems started failed inadequatley. Not only did I lose my job, but it seems to me that the DISABILITY EMPLOYMENT LAWS were totally ignored both by the Union and Employer. I have been advised that i have 6 years in which to tackle the union regarding their inability to be of any meaningful help. I am still paying my union fees and have not managed to find any employment due to my disabilities. My wife has tried finding a solicitor to help with this serious abusive failure in their conduct. My disabilites are deaf and epilepsy.
Assistant: Where are you located? It matters because laws vary by location.
Customer: Sandbach, Cheshire CW11
Assistant: Has anything been filed or reported?
Customer: To who
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Not that I can think of at the moment. I want to be able to sue the union for the inadequate way they have treated me and claim compensation for the 4 years loss of earnings. I was warned during a home welfare visit that was attended by my Union Rep, my immediate Manager and minutes taken at the time that the company could be looking at terminating my employment only after my wife asked that question. When they replied that maybe the final outcome at which point my wife responded that we then take it to a tribunal for wrongful dismissal, which the union failed to this at the appropriate time.

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

I have read the question you posted but please clarify what specific queries you have in relation to it?

Customer: replied 10 months ago.
I want to sue my union for the inadequate way they have treated me. I want to claim compensation for loss of earnings with regard to the way they failed to help me keep my job taking into account they failed to recognise my rights under the DISABILITY EMPLOYMENT LAWS 2010.

how did they fail to recognise these rights?

Customer: replied 10 months ago.
I have absolutely no idea.Being a union i would have thought they were fully conversant with these laws. Which is why i am accusing them of inadequately representing me.In case you have not notice, I am unemployed how do you expect me to find another £42 on top of the £35 i have already paid your company. If you can't help me, can you help me find a solicitor on a no win no fee basis.

the phone call is an automatic offer so I have no control over it and if you do not want it you simply do not click on it.

In terms of what you can do to take this further, your only claim would be for professional negligence against the union, where you would be arguing that the duty of care they showed you was below the standard expected of a reasonable union in the same position as theirs. In simple terms – what they did was not what any competent union would have done had they been in the same position.

Such a claim does indeed have a 6-year limitation period, which starts from the time the alleged negligent act occurred. This was a couple of years ago so you are still well within time.

To make a claim you need to issue it in the County Court and the level of claim would be the losses you have directly incurred as a result of their negligence. This could be loss of earnings from that period to date and potentially even going forward.

As this can be a complex case it is recommended that you take up the services of a professional lawyer to help you. Whilst no win no fee is a potential option, it would depend on how strong a case the firm believes you have and it will vary so you would not know until you have approached them and they have conducted a case analysis.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 10 months ago.
My Wife has contacted several solicitors within a 7 mile radius of our address and has been unable to any to assist me.

There won’t necessarily be anyone who can assist you – after all lawyers can choose what work they take on and if they feel that this is not a claim they can do or that the chances of success are low, they won’t take it on. I would say that an unofficial gauge of whether this is something you should take further is how willing professional lawyers are willing to take it on themselves – it could be an unofficial warning that this may not be a strong claim after all

Customer: replied 10 months ago.
While i thank you for your assistance, i don't believe it was worth £35. Personally i believe i've got a very good case with a serious chance of winning.

that may be the case and I wish you good luck, but I would be wary of going down a long and uncertain path simply based on your own personal hunch and ignoring professional advice - many people have lost cases and ended up in a worse position just because they pursued a claim out of principle

Ben Jones and 4 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.
Con merchant