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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50144
Experience:  Qualified Solicitor
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Ben I know you wont remember me as you deal with thousands

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Ben I know you wont remember me as you deal with thousands of questions but I had a meeting with a solicitor today and he wants £400 to do my employment tribunal form but he has advised me there is a good chance I wont win. We discussed before that the disciplinary procedure was unfair and I felt the penalty too severe but he thinks I don't have much chance of a positive outcome. I have waited so long to do this an the tribunal appeal must be in by 14 April I now don't know what to do
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please can you give me a brief outline of the circumstances we discussed?
Customer: replied 5 years ago.


I was fired for misconduct which I admitted but didn't know at the time it was misconduct. I was taken into an investigation meeting without any prior notice whilst the regional manager had a witness and all her questions written down . I was suspended but only got 3 days notice of a disciplinary hearing so had not time to get a witness.which I told them at the disciplinary. I never got a copy of the notes until after the appeal and the notes stated I declined a witness. The notes at the appeal were typed straight into a computer so I never read or signed them but when I did receive a copy they had been altered. Mitigation circumstances were never mentioned at ant point throughout the whole disciplinary procedure. I had proof the decision was made prior to the disciplinary meeting Sorry I meant to say that the 3 days notice of the disciplinary meeting included a Saturday and Sunday

Thanks, XXXXX XXXXX actually managed to find your history with the issues we discussed. Can I please ask what your specific questions are now so I can direct my advice more appropriately?
Customer: replied 5 years ago.


Thank you I want to take this to a tribunal but the solicitor thinks I have no chance of winning any kind of appeal With so many procedures not followed properly is the reason I am wanting to do this to prove I never had a chance. I have valued your opinion in the past so would like your honest opinion on this final matter .

I cannot say what your prospects if success are unfortunately. This needs to be done following a full case analysis where someone sits down with you, looks at all relevant documents and listens to your side of the story then forms a professional opinion of what the merits of your case are and if it is worth pursuing the matter further. To give you an opinion based on the limited information I have will be unprofessional for me I'm afraid and this is one of the limitations of this site - we can advise you of your legal position, the law and your options, but cannot actually tell you whether you should make a claim or if you have a good case.

What I can say is that if you were to make a claim yourself, without the involvement of a solicitor, you have little to lose in a sense. The claim itself is free and you do not have to pay any hearing fees or other fees. Whilst you could be issued with a formal warning that your claim has no reasonable prospects of success and be threatened with costs if you proceed, it is not that common for you to be hit with costs if you were unrepresented and acting alone without legal advice. You may nevertheless still re-evaluate your position if it came to that and consider if it is worth continuing with your claim or withdraw it. You may even find that the employer tries to settle before it even gets to that stage and that you walk away with some form of settlement instead of continuing with the claim.
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