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Any advice for employment tribunals?

JennyJane

I got fired from my job of 15 years basically for having Aspergers.  I think I have a strong enough case against my company to warrant going to court but the only stories I’ve heard of people going to employment tribunals are horror stories and I know there’s a risk that I could end up losing, would automatically lose the £1250 court fee, could have to pay my company compensation money and potentially risk losing my home if it all goes wrong.  I know my company will fight me all the way and would use any tactic possible to win or lessen my payout award.  I’m out of my depth and going to court is daunting.

I know ACAS have to be involved now before going to court but I’m almost certain that my company would only offer me a very low settlement figure.

Is there anyone here with good advice or experience in going to court?

I have an advocate from an advocacy service who could come to the court hearing/s but I’ve been advised that I’d be better with a lawyer, someone who knows about employment law as I’m not good with verbal communication.  I fear I could say all the wrong things if I’m cross examined and not help my case if the conversation and questioning is manipulated.  Do you think a lawyer is a necessity for someone with Aspergers?  Or would I be ok without one?  & before I’m asked – no I’m not eligible for legal aid.

My case is very involved with a lot of background history and evidence which all needs to be discussed at the hearing.

  • Thanks for the advice guys.  Food for thought.

    My case is pretty complex. At the mo I've just started Early Conciliation with ACAS.  It's all rather daunting.

  • I took an employer to tribunal several years ago, over a clear failure to make reasonable adjustments.  I think I may have had some luck in the assignment of the judge (a fast-tracked young BME male), who may have been more ready to see fault in an employer than a crusty old-school time-server.  At any rate, it was all a bit open and shut - they hired a barrister, and I learned the meaning of 'crestfallen' when the judge told him in no uncertain terms that they didn't have a leg to stand on.  We settled during the lunch break, for as much as I could expect - it was a low-paid job and you can only really claim for lost earnings.

    More recently, I considered it again with an employer in the social care sector, who sacked a colleague and I for raising concerns.  We had union support which turned out  to be worthless (unison) - they backed out in the face of the new charges and a trend towards finding for the employer these days.

    I don't know as it would be worth the time, energy and expense unless you had a very clear case - I can understand a yearning to see justice served, but the best result is that they buy you out of that interest in justice for a relative pittance.

  • Former Member
    Former Member

    I've been through a tribunal with union support a long while ago before i was diagnosed. The union were useless and the whole thing was a waste of time.

    i've also taken legal action on a few other matters (again pre dx). in the latest case, the lawyers advised us to walk away because the certain high cost of the legal cost was not likely to be justified by the uncertain rewards if we won.

    if you have a complex case then the legal costs might be very high as lawyers charge hundreds of pounds per hour.

    i wouldn't go into a tribunal without legal advice. It may be worth talking to a lawyer - many lawyers will talk to you for half an hour for free to explore whther they think there is a realistic case.