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Ben Jones
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I have been sacked by my employer and I was just wondering,
Customer Question
I have been sacked by my employer and I was just wondering, if I take the company to tribunal I would have to pay for legal representation myself. I also believe that the company may be represented but why should the cost of legal representation come from the company funds and not from the managers and directors themselves? Shouldn't they have to fund representation in the same way the dismissed employee would? After all it was them that sacked me and not everyone in the company would have been consulted about this?
Submitted:
1 year ago.
Category:
Law
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Expert:
Ben Jones
replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
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Expert:
Ben Jones
replied 1 year ago.
Please can you tell me how long you worked there for?
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Expert:
Ben Jones
replied 1 year ago.
Hello, not sure if you saw my initial query above - Please can you tell me how long you have worked there?
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Customer:
replied 1 year ago.
Since sept 2014
Expert:
Ben Jones
replied 1 year ago.
Thank you. If you were to make a claim against an employer then you will indeed have to pay for legal representation yourself. As to the employer’s legal fees, assuming this is a limited company, it will be its own legal entity and will have its own responsibility for its debts and liabilities. As the company itself will be the respondent, it will bear the legal costs itself – not through its directors. The directors are just officers of the company, they are not responsible for the company’s debts and expenses, and neither would the managers be. So this is how it works, I see morally you may wish to see those running the company pay for the fees but that is not how it works legally. 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
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Expert:
Ben Jones
replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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Customer:
replied 1 year ago.
How about compensation. Does that come from the companies money or from the Managers that have committed the wrong ? Why should the company have to pay. If a tribunal decides in my favour the money should come from the Manager who are also employees.
Expert:
Ben Jones
replied 1 year ago.
Compensation also comes from the company, unless you ere making a personal claim for discrimination in which case the claim and the liability is personal against those people against whom you are making the claim. So if you re claiming unfair dismissal then this can only be made against the employer, that being the company. However, if you were also making a claim for discrimination, such as on grounds of race, gender, age, etc then you can also make the claim against the individual responsible for the discriminatory conduct and in that case they would have personal liability
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Expert:
Ben Jones
replied 1 year ago.
If your original question has been answered 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
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Customer:
replied 1 year ago.
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Customer:
replied 1 year ago.
I was given a first written warning but I am not sure what this was for. The letter states it is for an 'offence' that I committed. I was then called into a disciplinary meeting that I sat with a trade union rep with and then I was dismissed. I have not received any letter yet regarding my dismissal. Why do you think the company I have worked for so hard for over the last year or so are doing this to me?
Expert:
Ben Jones
replied 1 year ago.
I would be happy to answer follow up queries to your original quesiton, but please remember to leave a positive rating first, then I can continue answering questions in more detail, thank you
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