How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask RJM Law Your Own Question
RJM Law
RJM Law, Laywer
Category: Employment Law
Satisfied Customers: 3482
Experience:  LL.B (Hons)
106205234
Type Your Employment Law Question Here...
RJM Law is online now

How to challenge Employment Tribunal Judge's decision if my

This answer was rated:

How to challenge Employment Tribunal Judge's decision if my representative acted against me. I am going to make a small claim for professional negligence.

Good afternoon, thank you for contacting Just Answer my name is***** am solicitor and I will be assisting you today. I am sorry to hear about your circumstances, did you appeal the decision?

Customer: replied 15 days ago.
I did but did not succeed.
Customer: replied 15 days ago.
I did but did not succeed. I wasn't granted permission to appeal in Court of Appeal. What I wan to do is to make a small claim against solicitors
Customer: replied 15 days ago.
I did but did not succeed. I wasn't granted permission to appeal in Court of Appeal. What I wan to do is to make a small claim against solicitors.
Customer: replied 15 days ago.
I'd rather chat first

Thank you for the confirmation, have you raised a complaint against the solicitors who acted for you?

Customer: replied 15 days ago.
Ombudsman confirmed the firm's services were below reasonable standard

Thank you for the clarification, unfortunately this is outside the scope of my expertise therefore I will opt out to allow another expert to assist you on this matter.

Customer: replied 15 days ago.
ok

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Customer: replied 15 days ago.
ok
Customer: replied 15 days ago.
I'd rather chat first.
Customer: replied 15 days ago.
My case is a little sophisticated so I have to make sure you could help me before I am charged for the call

Thank you for the question.  I am not able to take a call at this time.  Why did your appeal fail?

Customer: replied 15 days ago.
My representative told lies at preliminary hearing. I was not aware of them. The ET judge's decision is strange. EAC said I should make a claim against the solicitors. I wasn't able to prove the solicitor was bribed by my manager who unfairly disciplinary dismissed me.
Customer: replied 15 days ago.
My application for decision reconsideration was rejected as well.

Thank you, ***** ***** professional point of view, I would find it highly strange if your solicitor was bribed by the respondent, but obviously that could be the case.  You will need to raise a negligence claim against the solicitor, if you also quantify what your Tribunal would have been worth and you lost out as a result you can include this in your claim. Ultimately, if your solicitor was at fault, they should compensate you for the loss.  What was the lie they told?

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.

Customer: replied 15 days ago.
You didn't tell me anything new :-) I have a made a claim to Ombudsman and they confirmed the firm's services were below reasonable standard.
Customer: replied 15 days ago.
I was looking for legal advice. I did not find anything. Let me tell you a little more about the case.
Customer: replied 15 days ago.
My claim should be 'a long campaign (3years) harassment, discrimination, victimisation, whistleblowings which led to my unfair and wrongful dismissal. I made 3 whistleblowings, the last one after dismissal but before appeal's dismissal. I made grievance against manager who bullied me. She fabricated evidence against me and disciplinary dismissed me for verbal and psychological abuse. The 'abuse' was telling a person in a care home 'you were in the toilet not long ago'.
Customer: replied 15 days ago.
At preliminary hearing the solicitor said that ' I do not suggest any grievance raised against the manager was a reason for my dismissal'. The solicitor did not provide me the preliminary hearing outcome so I saw it at the main hearing.
Customer: replied 15 days ago.
I am looking for legal advice but nobody wants to help me. I have already sent some documents to solicitors but they refuse to help me

I understand, but if you want to bring a claim for negligence you will require to instruct a solicitor.  The fact that the ombudsman found the solicitor has provided inadequate service will certainly go in your favour.  As you have not been allowed an appeal, your only option moving forward will be to claim against the solicitor.  You will need to instruct someone to do this for you if you are not looking to do it on your own.

Customer: replied 15 days ago.
I can't find any solicitor. I thought you could advice me here, for example, how to write a pre action protocol. It seems to me that your advice here is just 'technical'. The information you provided me I have found in internet. As I can't find any solicitor I will do the claim by myself.

This website is to provide general guidance, on what you need to do.  We don't actually undertake any legal work.  However, I can provide you with a simple template for a pre-action protocol letter.

Customer: replied 15 days ago.
This is what I need. Just general guidance. Where can I find information about judge's decision? I mean, in what way or how the judge can make a decision? For example, can the judge ignore crucial evidence?
Customer: replied 15 days ago.
Thank you for the letter before action. Yes, it will help me but mine will have probably 5 pages :-) Is this the only letter which I have to send to the solicitors? Is Preliminary Notice the same as Letter of Claim?
Customer: replied 15 days ago.
It means, I am to send such letter to the solicitors and explain in detail what they did wrong? They have 21 days for sending me receipt and 3 month for response? Am I right? If, I am, I will have last question.
Customer: replied 15 days ago.
It will be a small claim (below 10,000) How can I know to which court I should make the civil claim for professional negligence?

You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge and they will response.  The judge will assess the merits of the claim and defence and make a judgement this should be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.

Customer: replied 15 days ago.
But first I have to send the preaction protocol?

Yes.

Customer: replied 15 days ago.
One more thing
Customer: replied 15 days ago.
How to calculate how much worth my claim is?

That is something your solicitor will have to do.

Customer: replied 15 days ago.
The representative acted against me and his calculation was wrong
Customer: replied 15 days ago.
I can't find any solicitor. Can I use basic award which was calculated in the bundle for ET?
Customer: replied 15 days ago.
My manager was black. She discriminated white people, especially foreigners. That's why my claim should have concerned racial discrimination

The basic award would only constitute a small part of your claim.

Customer: replied 15 days ago.
I was disciplinary dismissed for verbal and psychological abuse because in my statement, written a month after my night shift, I said to a resident "you were in the toilet and you didn't pass much urine". The adwicer in EAT said "you dismissed yourself".
Customer: replied 15 days ago.
What other compensation can I claim? What is injury of feeling? Any other detriments?

I have offered further Q&A time.

If you accept please send a message back so I am aware.

RJM Law, Laywer
Category: Employment Law
Satisfied Customers: 3482
Experience: LL.B (Hons)
RJM Law and other Employment Law Specialists are ready to help you
Customer: replied 15 days ago.
Will you send me an email now?
Customer: replied 15 days ago.
How to challenge judges decision? I mean, not appeal her decision only to show that it is illogical and mutually excludes

Thank you.  If you making a claim then you will want to consider firstly the basic award.   On top of this you will want to add in the compensatory award.  This is the money you have lost in terms of salary since the date of termination.  You can also add reasonable expenses to this.   If they have not followed the Acas code of conduct you can increase all of this by up to 25% but the judge. will make a decision as to what this level would be.   Finally, for discrimination,  you will look for injury to feelings.  This will depend on how bad the discrimination is i.e severity and the length of time it has been ongoing.  This can be difficult to quantify and you will use what is called the vento diagrams to calculate this. There is no upper limit for this and claims start at £500.00.  If you obtain a judgment in your favour, then you can seek a costs application  whereby the judge can order the other party to pay all or part of your legal costs.

You can only challenge the judges decision by way of appeal I am afraid.

Customer: replied 15 days ago.
how to exlude it from professional negligence claim? Can I say that if my claim concerned whistleblowing there should be 3 members judges panel?

No you will want to raise a claim for negligence and can use the amount you have lost at the ET as part of. your claim.

Customer: replied 15 days ago.
What about whistleblowing in public interest? I made disclosure
Customer: replied 15 days ago.
They followed ACAS
Customer: replied 15 days ago.
The judge in her decision wrote " even if the claim went the way I wanted, I still would be dismissed because I admitted to abuse" It wasn't true. I Didn't admit to any abuse. This investigation has never been investigated by professionals. The solicitor supports himself with judges decision. It's ridiculous
Customer: replied 15 days ago.
What is vento diagram?
Customer: replied 15 days ago.
Ombudsman supported their decision with ET judge's decision. Does it mean that in professional negligence the decision won't be taken into account?

If the ombudsman supported your decision this will count toward your evidence.

Customer: replied 15 days ago.
I don't understand the judge's decision. It all wrong but I don't know how to challenge it. She wrote 'an essey' about a resident who wasn't taken to the toilet but in fact the resident was taken to the toilet. Common sense says it wasn't abuse

Your solicitor will require to read the judgment and ask you questions about this.

Customer: replied 15 days ago.
Would you read the judges decision and tell me what was wrong with it? I can pay you. It was in 2018 Monika Kotarek & Four Seasons Care Ltd
Customer: replied 15 days ago.
Basic award was around £5.300 for some reason reduced to £3,800 because of 'double counting'. I think they cheated me.
Customer: replied 15 days ago.
I think the amount is too small because every time I ask for advice they refuse

There would really. be no point in me reading it, you would be best to have your appointed representative do this.

Customer: replied 15 days ago.
You don't have to be a solicitor to see that her decision is stupid
Customer: replied 15 days ago.
What's vento diagram?
Customer: replied 15 days ago.
Ok. I know what it is. Thank you for your help. Goodnight

The vento diagrams shows the different levels of discrimination and also the amounts you can claim for etc different category, the court can decide which bracket you fall into even if you have claimed in a different bracket.