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DIY
Employment Law for sacked employees
#2. check ideas by phone:
employment law help lines include ACAS 08457 47 47 47 Mo-Fr 8-6
#5. add your name if you are
interested in joining a proper union
because some of the current big ones are a scam. This idea
has not caught-on over the few years this site has been online,
so with luck someone else will find a way to do it better. /startyourownunion.html is a
popular page.
The idea is to learn the minimum possible law in the shortest
possible time to sue in the 3-month time limit, recovering your
nerves a little & seeking or doing other work. This is an
unusual thing for any court to ask, but in employment law, it's
thought that justice is increased by hearing less cases. Anyone
after 3 months who could physically have got to a court letterbox
earlier is barred, despite the letter of the law which says "reasonable".
So it's different to petty criminal offences, or even theft rape
& murder for example. Nobody says in a theft mugging or rape
case that the victim was doing sod-all with their lives anyway
so there's no financial value to the harm caused. Those complainants
get a free police service and a national crime survey with questions
designed to boost their importance and get tabloid headlines
for politicians' crackdowns. Other sorts of complainants are
not so lucky.
If the complainant is doing something that the taxpayer pays
the police to do in other parts of life, like discouraging repeat
offenders from repeat offence, things are worse for the complainant.
Complex cases don't suit the system, nor cases that don't settle,
risking costs awarded against one side or the other.
"Did you rob me, kill my neighbour's dog & burn the
scout hut? Slip me a grand & mums the word".
That's what employment law is designed to encourage, with a huge
pretence at sympathising with the underdog, or making fine and
complex judgements, and a tendency to use lack of procedure as
proof of guilt that also leads to big bizzare claims on employers.
Appeal cases, which are published, tend to list several points
which "have no reasonable prospect of success"
and then make a big deal of some point of principal. "No
reasonable prospect" might mean the judge didn't understand
while trying to read them on train. Maybe a fat person with loads
of shopping squeezed in next to him. The same process applies
in ordinary cases, with a "pre hearing review"
now allowing judges to exclude a lot of the case while sitting
alone or with any lawyers who turn-up, and the judges are pressured
with performance targets to do just that.
Out of all the complainants with injury to feelings, some get
their claims thrown out by someone who hasn't understood the
case, some get thrown-out because the case law on things like
time limits is injust, and some who may be least deserving get
a huge excess of damages because the employer cannot prove they
had a written procedure in place on the day of the event. Obviously
they didn't because they were doing a useful job unlike the tribunal
service which is taxpayer funded but hey.
So everybody is unhappy and everybody pays but the in-built snobbery
of the system and how it is reported keeps it going without a
murmur of complaint. The fault is ours that we do not put it
right, although as someone who has tried to contact an MP I have
to say that debate is difficult.
Those employers who are not focussed on anything in particular
- in social services, housing associations, colleges, the arts
- are able to spend time & cash plotting against their employees
who are at the tops of pay scales, rivals for promotion or taking
maternity leave rather than directing their employees. They like
to be called "Chief Executive" rather than director
and delegate the dirty to henchmen with titles like "Head
of doing things". Maybe public funded directors bully anyone
who comes to their attention: people who are too black when a
ward or service of an NHS trust wants to look more straight-laced,
or too white when a council department or voluntary organisation
is basically black; too popular and so offensive to a disliked
director, or too unpopular and so an easy target. Senior staff
would argue that some of the junior ones are chancers too, surviving
on the back of a badly-written contract that doesn't say that
they have to do anything to get paid, earbash in meetings and
leave their work to the rest. This logic leads to tolerance of
bullying as a way of getting rid of the worst - sometimes the
ones who get in the way because they are doing a lot of the work
without any help from the top. Junior staff would argue that
they are in fact brain surgeons and rocket scientists doing a
good job with no help and a Machiavelli for boss who can't even
sort out a fair job contract. To see what public-funded employees
really get from the top see http://www.sciencegeek.net/lingo.html.
So just about everyone and particularly politicians
fail the employee who has deliberately been driven to a nervous
breakdown for fun. This one-page guide is in the style
of the MoneysavingExpert.com/Reclaim's
guides to getting consumer revenge, in the hope that someone
can make the system work.
No-win no-fee employment lawyers make very little money to
pay for tidying-up a case, so the more homework you can do the
better even if you can persuade a no-win no-fee employment law
solicitor to sit-in with you or put your case. Unions and their
no-win no-fee employment law solicitors can be worse than useless
- for example in the case on the Unison-lawyers.html
page, and chasing them can take time away from what you want
to do. Unison and Unite-T&G have admitted to using
no-win no-fee lawyers for personal injury cases and T&G has
been caught going further, and charging the lawyers for the privelage
of getting a claim. An Amicus
campaign document estimates that all TUC unions do it.
People who have read this site and done their best to prepare
a case against a bullying employer have still been turned-down
by every no-win no-fee lawyer they can find, so there is still
a need for informal union-rep work and formal legal insurance.
The rest of this site is an informed rant about union failures
and if you want to start your
own union please sign-up or set-up your own site along
these lines.
- If there's nothing to suggest any kind of disaster looming,
but you are cautious, get legal insurance from a broker. It tends
not to be available online except with home contents insurance;
but brokers can get it
separately for ten or twenty pounds a year. As with union
membership, companies probably sell an introduction to a chain
of no-win-no-fee lawyers as though it were insurance, and as
though this should be legal, which it is and shouldn't be. The
company may pay no insurance premium tax on your subscription.
You can probably find
out. DAS legal insureres claimed that their "only
source of income" was bribes from lawyers who want the
more lucrative personal injury claims and are willing to fob-off
the more common and loss-making employment claimants as a kind
of cross subsidy. But legal insureres are at least half sane
about providing legal services and have some sense of shame if
caught out while if you have a union membership, which could
be a good thing to do, there is probably only an implied contract
rather than a written one and so their opportunities for exploiting
sacked members are greater. Also the underdog volunteer tradition
of trades unions is not a written, contractual tradition and
allows a far great degree of bullshit than the dodgiest legal
insurer would dare to say or write on a lavatory wall. A feature
of union statements in employment appeal tribunals here and there
against their members is that they do not seem to know that what
they are doing is wong, very much like the public-funded employers
that members are typically up against.
- If you don't have legal insurance, there are still things
that can be done of which changing jobs is sadly often the best
followed by DIY employment law. If you do use a no-win no-fee
lawyer, or a your trade union uses
no-win no-fee lawyers without telling you, the more DIY work
you can do for them the better. Some people put their own tribunal
cases and unpaid union reps can do useful things in a crisis
too, dispite union-failure.htm
page.
- Keep a work-diary of events and a home journal of thoughts;
try to keep vital papers like a job contract, staff handbook,
supervision minutes and unreasonable memos at home. If this seems
far fetched, that's why you should do it: some people don't.
Memos may be designed to needle & provoke you by deliberate
misunderstanding. Even Gerry Robinson got one in his "Can
Gerry Robinson sort out the NHS?" programme. The BBC
report showed him agreeing that the top of the hierarchy should
bash down and tighten up the bottom, but the detail of the programme
showed the Chief Executive of Rotherham hospital attempting a
botched unfair dismissal on Gerry Robinson who wasn't even an
employee. It must have been a well-practiced habit to
be tried on television in such a botched way. "I find
this nit-picking increadably frustrating", said the
presenter. "That was the intention", says the
courtier. Later: "you can't sack anyone except
in a rather Machiavellian way". The courtier does not
disagree. Later in the programme a middle-aged anaesthetist with
a pretty secure-looking job is asked about management. "I
may be shortening my career by saying this..." he begins.
The government courtier who authorises sackings writes "remember:
I have to manage upwards and sideways as well as downwards"
in a web-discussion later, to explain why he does his real
job so little that people don't even know his face round the
hospital: courtiership is the priority. People in the private
sector might ask why they pay taxes to a courtier who does not
visit the operating theatres, believes in the "rather
Machiavellian way" and doesn't criticise stupid government
re-organsiations that take-up all of his time like moving half
the business of casualty up the road to call it "community".
The reason why these are the best people we can vote-in are
elusive, and the frustration of thinking about the big-picture
and your own career all at once just add to the burden of an
unfair dismissal.
Taking stuff home may be last thing you want to do. If it comes
by email, copy it to yourself on a private account. If you want
a record of an email sent to your boss, send it from a private
account even if at work (she will still deny getting it, but
it's better than loosing all email evidence if the worst happens).
And: about needling. I found it impossible never to say something
that could be quoted-back to make me look unreasonable. And I
was trying from the start to consider anything I said to be potential
evidence against me, because I knew I was returning to work after
an illness and I knew what bastards employers can be. Maybe you
can do better. Imagine you are writing to the employment tribunal
with a copy to your employer. Likewise, I have found that every
employer that tries to bully tends to keep defiant employees.
If you are an employer trying to get rid of staff you don't want,
please don't bully: it only encourages them to read sites like
this and hang-on to the job instead of leaving. Maybe pay them
to leave or find some legal way to make them redundant, perhaps
including them in the process of working out how you do it.
If you have given-up the job, keep a record of attempts to find
work as the law wrongly assumes you are getting compensation
for your lost earnings rather than trying to get a criminal nailed.[1]
- Talk to someone for clarity.
Try to find someone who will help you collect your thoughts and
your files as you find out about the law.
Clarity is the hardest part, because a case is likely to come
of long-felt grievances and then intense stress, after which
it is difficult to fit familiar things to an outsider's perspective.
One book, Bully in sight by Tim Field ISBN 0952912104, relates
the stress involved to post traumatic stress diagnosis. It
is easy to under-estimate the effect on mental health of an unfair
dismissal after months or years of trying to resist it. If this
applies in part to you, others around you will have noticed it
and be bored or scared by it. To say "I need your help
in being clear because this is quite stressful", is
better than implying "I find this quite stressful so
I need you to act lawyer in this thing I'm always going-on about".
http://www.facebook.com/group.php?gid=20444718373&ref=ts
links to a petition to allow ombudsmen to investigate public
sector bullying - sadly not mentioning the public-funded voluntary
sector. It isn't a discussion group but has some interesting
links.
Sirpeterscott.com
is a web site about an employment and stress case from the employees
perspective. Imagine you're a lawyer and give yourself exactly
two minutes to see where a lawyer can fit-in. Or the rambling
back-pages of this site, Employees.org.uk. Complexity is a problem
for employees, as public sector managers for example have nothing
much to do except plot against their subordinates, each other
and their funders. They do not want to know what real people
do in case they can be blamed; they prefer to keep a distance
and live in a parallel universe, bigging-up the difficulties
of hiring and firing, reading the bank statement or calling a
plumber while ignoring the difficult jobs like teaching in a
university, being a brain surgeon, or a rocket scientist. In
any of these cases it's likely that managers have deliberately
set-up employees to fail by pinching notes about a tricky lecture,
brain, or rocket in the hope that a rival or an awkward subordinate
will make a mistake and can then be sacked. Likewise they have
probably overworked their subordinates in order to keep more
money at the top, or at least to keep more blame at the bottom
of the heirachy. Re-reading that sentence it seems bizarre but
true. Maybe a rocket really has been saboutaged by a senior manager
who wants to show-up the faults of a junior one, a brain operation
saboutaged in order to end the career of the surgeon, and certainly
an opera by a university music department has been described
like this on the Sirperterscott.com web site.
In partial ignorance, distance, and in suspician of what their
staff do it is easy for machiavellis to ignore a build-up of
problems over years and to interpret real attempts to make the
best of them as trouble-making. When things go wrong and funders,
trustees or rivals for power demand action, then the old explanation
that it's the junior staff's fault but you have to make allowances
is tested: directors are instructed to pull the levers of power
harder and unfair dismissals result.
In organisations where there is only one management line (plus
the fraudulent union) blame will tend to be passed to the bottom
of the management line while credit will be passed to the top.
There is no second opinion who a stressed director can consult
before risking a sacking.
Outsiders like broadcasters tend to assume that the employer
has made the work and that the dispute is about some unfairness
or discrimination that leads to an overly sudden end. Those at
the top of the hierachy are assumed to be interested in their
organisations's work with patients, pupils, rockets and the like
except for a few bad-apples who can quickly be found out by a
few questions from the tribunal. It is not thought that Machiavellis
run large organisations where subordinates good or bad work is
not measured and manager's plots are deliberately concealed over
long periods.
So the assumption is that an employer has made the work, sackings
are a fact of life, and that a few bad apples among employers
can quickly be found out within perfomance targets set to the
tribunal service by the government, for example by weeding-out
weak claims at pre-hearing reviews where one Chair sits alone
and decides on a whim what is stong evidence even if he has not
read the evidence. Tribunals are different from criminal courts.
Outcomes are in payments of money rather than declarations of
guilt and take account of the complainant's efforts to get another
job. Conduct like pressuring witnesses not to appear, paying
the other side to withdraw the case, or asking the other side
for costs if they loose are discouraged or encouraged and certainly
taken as facts of life in tribunal cases where a criminal court
would see them as obviously bad and wicked and things to be banged-up
for. Yob things.
If someone is unpleasant and unfair, but creates a job which
someone fills for a time, then employment law makes some sense
of the departure. This is where it starts from. But even here
it is too complex. The reason it is complex is that over the
years, practitioners have recognised other situations where the
consequences are at least as important as in criminal law: the
person driven to a nervous breakdown by discrimination at the
only employer in town, for example, is rightly allowed much higher
levels of compensation if they win. High payouts are also possible
in cases that start as procedural failings: an employer has such
badly written long set of procedures (or none at all) that nobody
could prove that procedure was followed, and jumping briefly
to health and safety law there is the issue of whether a risk
assessment was carried-out. It may be a tick in a box but if
it was not carried out in a provable way that is guilt, even
to judges who like the rest of us do not record risk assessments
of their decisions at home.
A kind of snakes-and-ladders game of special cases has emerged.
Can't argue your case very clearly? Snake. Spotted a procedural
flaw in an otherwise fair sacking? Ladder. Discrimination? Ladder.
Union lawyer tries to muck up your case? Snake.
In the game of snakes and ladders, some people have much more
time to play than others. On the employees' side the lazy sod
who goes off-sick on day one of the job and hopes for some procedural
flaw in the sacking has plenty of time. When I was off sick for
stress from a job, I asked someone I knew at an agency for less
stressful work. She gave me two day's work compiling the time
sheets of a social worker off-sick from Harringay who was photographed
doing social work jobs at another London borough. This social
worker had plenty of time to play with employment law because
the taxpayer and vulnerable child were not on her list of priorities.
On the employer's side public-funded managers seem to appear
in tribunal cases more than most according to the appeals judgements
which are free and online.
Big organisation
managers are Machiavellis & the problem is greater in the
pubic funded sector than the private funded sector. Machiavellis
play full time, like hardened criminals committing crimes &
with similar consequences for their victims. They
can spin jargon where subordinates have to do a proper job
- sometimes a responsible one with no help from them, paid-for
used by all of us. The idea pops into their heads that they could
hinder the job (or ask a handpicked henchmen to do it by rudeness
threat & hint) so that maybe 99 people get the wrong leg
cut off in hospital, number 100 complains & the complaint
gets rid of the troublemaker surgeon. Maybe not the bad or lazy
surgeon, but the one who has come to the Machiavelli's attention.
This has all been documented on video for the open university.
When they are so used to it that they leave cocky clues, the
clues need time & care to interpret in context - criminals'
clues or managers' clues are the same. The tribunal system was
never set-up with a police force & juries and a Crown Prosecution
Service to handle this. It is more like a magistrates court.
The targets set for them (read out in Parliament by Pat
McFaddon, a T&G sponsored MP elected on low turnout in
Wolverhampton) take even less account of the complexity of a
case where an employer deliberately tries to conceal motives
& works for months or years with the idea of confusing a
tribunal in mind. (Oh he was the MP who gave two union modernisation
grants to the T&G.)
MoneySupermarket.com's employment law lawyer finder service asks
you to state your case in a three inch square box; TakeLegalAdvice.com
gives half a page and the employment tribunal form allows a few
hundred words. The legal system is more like a small claims court
than a criminal court, geared to assessing simple known facts
so that the two sides can settle for small amounts of money.
Newly self-taught law is hard to get to grips with too, when
you recover the ability to research it and find that others are
intimidated by your efforts. I went to a CAB and saw a volunteer
who said things like "is that really the law?" while
looking at the CAB website and my notes, but attempting to explain
myself to another person was a help. People who you live with
may be too closely bound-up in your own stress and the history
of your case ever to rehearse it with you or ask you what happened.
Some people you know may not be legally-minded - they may think
more about relationships between people - but others might think
legally and be willing to help you rehearse. Often as you become
marked as a trouble maker or are suspended from work, colleagues
will be instructed not to contact you as well.
Just say you want peoples' help in being clear, not their legal
help in double-checking all your frightening research.
- Write a long draft and expect to cut more than half for the
final shorter draft.
It is perfectly sane and sensible to try and put-in every new-found
law and every angle of grief into a first draft of complaint
to an employment tribunal, in order not to miss anything. Anyway,
the sheer stain of trying to hold every defence in your head
is enough to make you want to write it down somewhere, whether
a journal or a long draft, and stress or such may have had an
effect on short term memory. When waking up at three in the morning
thinking about work, it could be good to write down the other
side's concealed logical links that have just come to mind. "He
did that because of X Y and Z, not W." It's good to do emotionally
and good to try to nail a serial-bad-person who has a lot of
experience of wrongdoing and avoidance of responsibility for
it. Some people write their final complaint by hand and are even
more notorious amongst lawyers, but maybe you or someone you
know can edit the realisations and jottings to something that
an unsympathetic person thinks is a summery.
- My guess is that DIY cases are best put as DIY cases by you
to the chair, with a last-minute lawyer sitting-in to advise
if available. You can explain why you put everything in. To let
a last-minute lawyer put a case could be the worst of both worlds.
To a tribunal chair, you are represented: the importance of
"Dealing
with a case justly includes, so far as practicable: - [...] ensuring
that the parties are on an equal footing"
does not so clearly apply. The next point on his job description
of pressure to act fast still applies and this one is quantifiable
and enforced by bosses according to targets read-out in Parliament
by a Transport and General Workers' Union MP. Also, a lawyer's
habit of always dealing with representatives where possible,
and a spoken or unspoken pressure not to point out the faults
of trades unions all work in the employer's favour:
"They haven't got time to think about all that",
one lawyer from Which
Legal Service told me;
"They just notice whether you are represented or not".
The fact you have had to study law while you should have been
recovering from the stress caused by the other side may not be
stated, while the other side's insurance company's lawyers will
be keen to show-up your weaknesses, and make you look like a
mad nuisance chancer running up costs in order to ask for a settlement.
The impact of employer's action on you seems to be subject to
a fluid and obscure area of law.
You can see the process in reverse in the Unison
v Jervis case where the union's expensive barrister pretends
she doesn't know why the case is so late and why there are so
many papers that are more than three months old. Any tribunal
chair should know why. It is because the union failed to help
their member and he had to teach himself law while stressed-out
and centre-stage. But tribunal chairs are under pressure to deal
with cases quickly and I think under political pressure not to
embarrass trades unions who fund the party that gives them their
jobs. I got the same tribunal chair who's judgment was overturned
in on appeal for Unison a few months earlier. It was another
case of a union doing so badly for a member that he should have
told me what had gone-on in part of the pre-hearing review that
the union lawyer has asked me not to attend. When I discovered
that the whole case had been messed-up without any evidence being
shown (the lawyer had refused to take any from me, or my disability
discrimination questionnaire or grievance letter or to make-up
a bundle, as well as being factually wrong about the law on time
limits) I asked the chair to bear this in mind in his written
judgment as
"...my case is not against the T&G".
"I cannot do that and I think you know the reason why not".
I guess he meant pressure on tribunal chairs not to criticise
union institutions. Otherwise it would be odd to talk in riddles.
It's not just me and my chair's riddle that say this. Two
ex- Unite - TGW officials argued it, but in their case the
chair disagreed.
She would say that, wouldn't she?
- Appeal Judgments
are good examples of how judges like cases stated. Fine points
of law & exotic arguments distract from the basic legal position,
but read them for style, clarity and interest.
- AndreaAdamsTrust.org/live/legal.htm
unfortunately no longer running. I have left the link in case
it re-starts.
- IAmBeingFired.co.uk/claimtest.html
- puts the employment law flow diagram online. This is funded
by people who use the Iambeingfired service to find a lawyer,
but the marginal cost of each use of their web site is next to
zero so there should be no sense of obligation to use them rather
than follow suggestions in step 4, below, or try the Just Employment
Law email and telephone service because it advertises on the
right and I am biassed. Or People Per Hour but their adverts
seem less common now; you could try going to their site and then
back to this one.
- Direct.Gov.UK/Employees
(ex Tiger.gov.uk ) is aimed at people still at work and trying
to negotiate on detail. (New employers get this).
- Londonlawcentre.org.uk/publications.html
publishes free-to-download booklets including cross-references
and book lists. In case that link isn't working, these are back-ups:
Claimants Companion (March
2008) is here and Identifying
Employment Cases (February 2008)
When trying to make sense of events, it may turn-out that
the law is no help because at base it assumes that the job was
your manager's to give-and-take, with compensation for extremes
of behaviour which leave you suddenly out of work. Mrs Craddock
created the job for Sally, but withdrew it unreasonably fast
leaving her months of job-seeking before she could work for Mr
Ramsey.
In some instances this idea has clashed with claimants' tribunals'
and law makers' ideas sense of reality and so "injury
to feelings" and "discrimination" have
been bolted-on to the system. A good and well-argued case by
a lawyer can have these points added and in theory a case by
a claimant can have them added too, but a case put by a no-win
no-fee lawyer acting secretly to pay money to a union or a claims
management agency has no chance: the lawyer would settle before
reading the evidence. If you have so little money that you can
get legal aid (now renamed legal help) it only pays for about
4½ hours of preparation and no representation, which most
lawyers find is not enough to help them or you so they don't
accept it. A small exception exists for complex cases in Scotland.
One lawyer working for Thompsons, the largest chain of lawyers
acting just for trade unions, argued quite rightly that Machiavellis
who deliberately as part of a kind of game of work force a nervous
breakdown on someone who's career and duty are the same - to
run a childrens' home or to be head of maths for example - should
be convicted of assault. Obviously they should, with clear conviction
and declaration of guilt, and with the help of the police and
the crown prosecution service.
At first judges agreed. They still agree a few times a year
in theory, when they hear appeal cases for psychiatric injury
in a batch, but there is no way of finding any sense in how they
pick the one token case to let-though or the other several to
turn-down on appeal. They do not want to judge psychiatric injury
cases against Machaiavellis. They said so. They would prefer
some kind of system of regulations that they can judge. In effect
they are on strike until MPs go to work and set-up a more detailed
by which they can do their job. MPs are also on strike, preferring
to pretend to be local councillors to get in the local paper
or just claim expenses or both because they have no chance of
influencing politics and don't want to say so. So both MPs an
judges are more or less on strike.
The Blair government and it's focus groups and gleaners of
Daily Mail headlines has also made Harassment a crimenal offence.
It acknowledges threats and harrasement in the street and tries
to judge it, but a recent case has removed threats to your job
from the definition of harassment. Car, yes; job no. (I
think). So far as I can tell the legal test is this. Imagine
you have become Tony Blair, looking back at the person you were
a second ago. Would he think the person a yob? Well he's an odd
person, but for electoral purposes he probably uses focus groups
paid for by back-handers from unions he would rather not know:
Yob? Mail Reader? Confusingly, there is no record of people using
focus group evidence in court to say "I know the system
is set up to get Daily Mail headlines for the governing pary,
your honour, and focus group research shows just that for my
case.". A jury system might be better but while psychiatric-injury
judges are on a strike or a work-to-rule, and harassment cases
are judged by telegraph-readers, the judicial system doesn't
work. It is paid a lot of money but it doesn't work.
What has happened is this. Imagine you
work in the Sunderland portacabin where drivers pay fines and
towing fees to remove cars from a car pound after a warden has
claimed that the car was illegally parked before towing-away.
You are frightened of two people. Your bullying boss with his
machiavellian schemes and your car-less drivers with their various
opinions that may they may express by smashing portakabin windows.
The drivers that is. If the drivers do it it is obviously harassment.
They are obviously yobs. They live in Sunderland after all. But
if your boss does it is is not harassment according to the law
lords. Alan Ward, who we pay to be one of these Law Lords added
"What on earth is the world coming to if conduct of
the kind that occurred in the third [unreported] incident
can be thought to be an act of harassment, potentially liable
to giving rise to criminal proceedings punishable with imprisonment
for a term not exceeding six months, and to a claim for damages
for anxiety and financial loss?"
Comprendi? Maybe I've mis-read the case and thought the boss
did punch the windows out or do something which in the context
of power over employment does deserve six months. We are not
allowed to read what the "third incident" is
and it may have been a funny look at an office party or it may
have been a threat to punch the lights out of something, someone,
blame the employee and get them sacked for it without a reference
or future career. If the offence was something like Anthony
Gubbey's attempt to make the best compromise of being chief
justice in Zimbabwe, which was eventually met by yobs at the
court gate threatening to punch-in the windows because he was
the servant and Mugabe was the master; of henchmen interrupting
his court cases and police not enforcing the law, of real threats
to his own safety so strong that he paid for his own guards then
you might think that six months is not long enough for Mugabe
and that Anthony Gubbey did a good job postponing the decline
of impartial law in that country. Click on the link above and
you will get a Daily Telegraph report of click on the photo for
BBC. The picture above is of Alan Ward at the court gate, possibly
looking at a Telegraph reporter's camera rather than Anthony
Gubbay looking at a well-trained government-funded henchmen who
take great delight in wearing their opponents down even when
violence is not possible, but the principal is the same and surprisingly
also the background; both had spouses or offspring suffering
from Alzheimer's or similar to add to stress outside work.
If Gubbay's stress levels over long periods led to something
like a nervous breakdown, facing harassment at the court gate,
you might think that Anthony Gubbay is the person who should
be able to sue like someone who has suffered from criminals and
even get perks like free police help, free help from the crown
prosecution service, and discouragement of practices like intimidation
of witnesses or financial settlement before the end of the case
under threat of an award of costs to the other side. If you think
that masters are always right and servants are always rightly
dismissed or perhaps dismissed a little too quickly, then Mugabe
is the one to believe in politics and Lord Telegraph Reader or
or whatever his highly-paid name is is the one to believe in
law. Oddly enough, the newspaper that reports Anthoney Gubbey's
attempt to soften the injustice of shits in power, is not a great
reporter of shits in power in other large organisations like
UK councils, government funded social work and supported housing
agencies, or whatever, where a piece of shit can wield massive
power over someone who like Anthony Gubbey is just trying to
do his job.
Oddly enough the man - I mean the one in specs not the one who
threatened to punch the windows out and have his subordinates
sacked for it by the personnel department or the other man who
resisted Robert Mugabe for years - has probably never had a job
for a machiavellian hierarchy in his life. He has worked very
hard and been very successful in a different world of self-employment,
conformity and good performance, but his ideas about employment
probably come from the Daily Telegraph; instinctively he might
believe that the manager at Sunderland car pound somehow created
a job that others are borrowing, and that the issue is an unfair
end to the relationship causing loss of earnings to the servant
while getting another master, rather than use of power to punch
peoples' mental specs out by someone who has bluffed-his way
into a job that we all pay for. I may be wrong because on re-reading
I see quite another line of argument in the case that "the
cold shoulder" which is not pleasant but not harrasment
either.
Oh I was on about whether Blair thinks you are a Yob. I can't
see you as I write so we will have to work it out together whether
you pass the"would Blair think you are a Yob?"
test. Government ministers have established a Quango Court that
decided that a teacher was not harassed in law by her headmaster
but that "undermining authority" was itself
a crime which might end her career. This is a Quango in Bermondsey,
not North Korea. I've been there, to visit the patent agent who
hire offices on the top floor. The same office block is used
for Care Standards Tribunals, Teachers Something Or Other Tribunals
(TSOOT) and odd vists from the union Certification Office that
nobody has heard of all seem to use the same building for their
monstrosities. But the patent agent above have a nice view: you
can see HMS Belfast out of the window.
This site is written in small parts and the next paragraph may
repeat.
The duty of care seems skewed in the employee's favour for physical
injuries, but in the employer's favour for psychiatric injuries.
Judges have no personal experience of being bullied out of jobs
over a long period and apparently
no professional interest. Complainants' go to tribunals for
a different reason, more like victims to a criminal court (Hammersley
page 10-11). The "just
and equitable extension of time limits" over three months
from the events complained about is arbitrary, and the presumption
is that two parties are settling small differences of money,
unlike a criminal court where it's assumed that the criminal
should be found guilty and discouraged from re-offence.
I suspect that policy-makers in political parties, like judges,
do not really believe that offences can be committed by employers
against employees except in a physical way. They think it's an
equal business relationship between contractors.
The result is that you get the muddle of a school where a
teacher is deliberately driven to a nervous breakdown through
Rachmanism - because she is a good teacher and on a high pay
scale - next to a chancer who sues for tripping on spillages
allowed to remain without proper warning signage according to
health and safety executive guidelines. My guess is that the
chancer has a lot more chance in court than the teacher and everyone
looses as a result - pupils, taxpayers, the remaining teachers:
everyone but unions if they get a kick-back for referring cases
to personal injury solicitors, and the political party which
takes a fair share of the missing millions that should be in
union bank accounts.
Meanwhile there is so much that seems instinctively wrong
about the treatment of staff by employers that a container-load
of special cases has been inserted into the system. It is like
a game of snakes and ladders. A few decades ago (according to
the preface of employment tribunal practice and precedents) employment
law was no longer called "The Master and Servant Act"
but still assumed that the master had made a job for the servant,
the servant had out-stayed his welcome, and exceptions were due
for breach of contract, minimum notice periods, and that was
about it. Even in those days the T&G
rule book made lawyers a priority but there was very little
employment law. Now special cases include wrongful dismissal
that is procedurally unfair (if you don't know what the job is
and act reasonably but still sack), discriminatory in terms of
race, gender, disability and to some extent sexuality, union
membership, whistle blowing, and so-on. Few would sue unless
hopping mad, desperate or chancers but the law is there. Likewise
few employers in the public sector would allow whistle blowing
for example: they find ways around the law. House of Lords judges
have more-or-less refused to assess psychiatric injury in their
own case law but the concept creeps back into the tribunal system
where an employer is on a weak case: overlapping injury to feelings
and psychiatric injury can turn a claim for a proportion of a
year's salary into a low multiple of that.
In practice, your lawyer rings ACAS or the employer's insurance
companies lawyer and has a conversation about how much money
to go away "for nuisance" and then the employer is
urged by their human resources contractor to use more and more
bureaucratic procedures to avoid risking court again. The next
generation of employees exploit manager's attempts to get around
cumbersome and inept procedure and win the odd case. Managers
rally-round those criticicised and it does not damage their CVs.
For example the chief executive of Harringay Council was criticised
by the report of the Victoria Climbie inquiry into Harringay
Social Services for being deliberately distant to the point of
negligence. You would expect, reading the report, that he would
resign. He did not. After the fuss had died down he got a senior
government quango job before picking a fight with a journalist
while drunk and resigning. Most of the Machiavellis who insert
themselves between taxpayer-funding and those who have to do
work for taxpayers are more lucky.
Do they begin to make sense to someone else? Did you read
the law right? What proof helps? Is the case strong enough and
valuable enough to take to a no-win no-fee solicitor? Are you
already past time limits? Do you need to write a grievance letter
or a questionnaire about discrimination before going to court,
and which court? Sanity-checking early ideas is something that
telephone lawyers can do. If you still have a contract with your
employer that may entitle you to use some kind of help line as
part of a benefits package. Community Legal Services is often
quoted as an advice line but it's means tested. Try these...
Co-Operative.coop/Membership/
(or whatever the current page for new members is) is free to
join and once a member you can use their free legal help line.
Loads
of people join, even though the thing isn't a staff co-operative
at all and is a fairly bogus organisation. You don't have to
be a customer of one of the participating consumer co-ops to
join free and use the phone line, but if you do use their services
they may even pay you a few pence dividend each year. Unlike
the free half-hour that some lawyers offer, time on this phone
line isn't given on the understanding that you'll use their no-win
no-fee employment lawyer if you have a good case. They probably
fund the phone line this way, but it's presented as a cheap-to-offer
membership perk. A downside of being cheap to the organisation
that lends its brand is that the lawyers are not specialists
in employment law and can't see paperwork. All that is left for
them to do is explain how their off-the-cuff knowledge of the
law applies to your conversation about your case. For example
the FirstAssist help line re-branded by Unite the Union provided
someone who said "it's a contract - why shouldn't you
have to follow a contract? Oh. I'm not a specialist in employment
law". Minimum standards of service don't seem to include
referral to reference books or web sites to look-up the detail
of things that the online lawyers don't know.
This is probably fine, but many managers have nothing to do but
make unfair dismissal as complicated as possible while many employees
are just as unreasonable while case law is changing all the time
and experience of real tribunal cases in practice can be important
too. 9-8 weekdays, 10-4 Saturdays.
- ACAS
has a tax-funded help line to
"answer all your employment questions in one confidential
phone call": 08457 47 47 47.
The ACAS help line's advice is not means-tested, like advice
from CLSDirect, and not limited to people who are using employment
tribunals, like the ACAS settlement service. Weekdays 8-6.
- WhichLegalService.co.uk
(see right) is £51 a year and slower to respond with shorter
hours, but they do have a couple of practising specialist employment
lawyers to ring you back so their advice on how tribunals and
laws work in practice - rather than what the law says on paper
- is likely to be better . Which Legal Service is the best option
for anyone who can afford it. Call weekdays 8.30-6. In newspaper
interviews they have claimed to be willing to dictate letters
about small claims, but they won't read faxed documents and a
few years ago would not advise by email. Good questions to ask
are whether a case could be worth enough to take to a no-win
no-fee lawyer, or be simple enough to handle alone, or whether
any more work could me done to tidy it up if it is on the boundary
between the two. Recently they've added a "members area"
with a few template letters and guides.
- If you are the sort of person who buys home contents insurance,
there might be a legal telephone help line or even insurance
to pay basic lawyers' costs for cases with a 50% chance of success
bundled with what you've got. AA home insurance is an example.
More Than offer it - with a free set of guided template letters
- as an extra. Most home insurers will reduce their price for
a higher minimum payment and a lower maximum payment. If you
are in a bad trades union and don't have a dispute with your
employer, you might want to take out minimum home contents cover
with maximum excess, using a firm that includes legal insurance,
as a precaution for the future.
My trades union offers the same First Direct legal help line
under the "Care Xpress" brand except
about employment law or disputes with the union. They do not
give a reason for this exclusion or warn members of it. Maybe
even telephone advice can make a difference that they don't want
you to know. Oddly enough the employer paid for help lines -
almost unknown to the staff but available if anyone asked human
resources about them - for telephone counselling and for legal
information. The provider was DAS who seemed quite unsure what
the specific deal was at my employer and didn't exclude legal
advice while I still had a contract, even when off sick. I never
tried the telephone counselling but the legal advice was better
than First Direct by a long way. At first direct someone said
"It's a contract. Why shouldn't they enforce a contract?"
Then after being told why said "I'm not an employment
specialist". On the same subject, the branch lawyer
at T&G 1/1148 claims to have supervised the Capita legal
advice help line. My employment tribunal chair had to correct
him about the law of time limits. In a second pre-hearing review
after I had sacked the man I was told "he was a bad lawyer
- I'll give you that".
- http://www.emplaw.co.uk/emplaw/employee/research-employee.aspx
gives the useful basic position in employment law & refers
to employment case law. It is more up-to-date than printed text-books,
but if you prefer prose and paper go to a book shop or a reference
library, find a book with a style and level of detail you like
and then buy a copy: you can sell it on the web later. My dud
union lawyer taught me one thing, which is to stick post-it notes
into a book and jot things on them when you are trying to avoid
eye contact in the tribunal waiting room, and that is a good
way to add notes to a legal text book. (If you want to see a
free staff handbook, DAS
provides a long one and ACAS provides free short ones.)
- You have to pay to see the cases on Emplaw (my union had
a subscription but wouldn't let me use it) but you can often
find them for free on Bailii.org such as United
Kingdom Employment Appeal Tribunal cases, which are written
down and binding on ordinary tribunals. The
Employment Act and employment rights laws tend to come-up
on Google. Those the government wants to re-enforce have free
.pdf download text books in clearer English. The Disability Discrimination
Act even has a free help line attached to tell you which part
applies (details on the ACAS site above). Conversely the laws
that the government wishes did not exist at work, such as the
Protection from Harassment Act, get over-turned willy-nilly at
appeal courts.
- Evidence of what the other side were doing might be available
from a Data Protection Act subject access request. This
is the Information Commissioners pdf guide for users. Direct
employees of government can try the Freedom
of Information Act too.
- You may be able to help someone else or see a similar question
answered on ConsumerActionGroup.co.uk/Forum/Employment-Problems
Solicitors are over £100 an hour or double - worth it
if they can settle convincingly, or put points simply. A simple
health and safety personal injury case is just up their street,
or negotiating a compromise agreement with a half sane employer
and employee who both treats it as business and can take the
decision to stop.
If you have the messiest case with the lowest payout, the legal
trade isn't good at helping. The pretence of being paid by insurers
or unions when sometimes no-win no-fee and paying commission
is a bad start. Firms like Shoesmiths who do this would argue
that they can cut costs by working a production-line of near-identical
pre-vetted cases, but if it doesn't work out like that in practice
there may not be much that a junior lawyer can do about it. Most
firms have picked-up a culture of office costs, long commutes,
and top-heavy salaries almost as much as banks. The most junior
lawyers have to work almost for free. According to one firm quoted
in the Law Gazette,
"Most fee-earners at a traditional firm will take home
20-30% of their billing target. Being a freelance lawyer means
you set your own target and keep about 85% of it."; "lawyers
have been overworked and overpriced ... for too long.
"
To get more out of the legal trade you have to make things easier
for them. One technique - imposed by some trade union lawyers
who are appointed at the last minute - is for the lawyer to sit-in
and advise at a tribunal and before while the ex employee puts
the case. You might offer to work that way.
A more rare lawyers' technique is to go back to the traditional
model of partnerships, with less of the long commutes, expensive
office addresses and over-paid senior staff. Keystone
Law (formerly Lawyers Direct) and Halebury.com
worked mainly work for employers at the last look. Virtuallaw.eu
in London and Scomo.com in
the Midlands and Northwest do some work for employees, while
a quick search on People Per Hour finds a couple of law society
members based in London and Bolton.
Another technique is to find the nearest employment lawyer and
approach them in the most direct way, rather than through a claims
handling agency. Many lawyers will argue your right to choose
a lawyer after first assessment to an insurer or trades union
if either of those should in theory be paying.
Council-run reference libraries tend to include one per council
with a collection of lawyers' directories and law books. Some
popular or slightly out of date ones are dotted around other
branches. If you join the library and then log-on to their web
site from home, they may have some law books to read on screen.
Quickest, though, is to start online.
- Solicitors-Online.com
diverts to the LawSociety.org.uk's database of individual employment
law solicitors by distance from a post code & speciality:
a specialist is vital. Many give a home address but work from
the firm's office. The listing says whether they do a fixed-fee
interview, typically for half an hour and sometimes free, to
assess a claim. Best to check if you can get legal aid before
the meeting, or most of the half hour will be spent talking about
money, and this is the only half-hour that you know they
will spend on reading your evidence or trying to get on a wavelength
and understand what's important to you. Another detail is the
number of members in a firm, which you can compare to the number
of staff listed on 192.com to find out if this is a call-centre
outfit with very few lawyers. BBH in the photograph for example
is among those who used ripped-off
sick miners who they offered to help with the compensation scheme,
in some cases paying commission to trade unions to get a list
of victims. Solicitors online mentions whether individual
lawyers are on any government or law society panels; you can
also check whether they are members of the Employment
Lawyers Association on that website, which is otherwise not
much use for finding a lawyer.
- CLSDirect.org.uk
includes the government's own database of employment law solicitors
who take legal aid and law centres listed by distance from your
post code, along with advice centres, general-purpose or specialised.
The site has an online calculator to work-out that you are not
eligible for legal aid because you have recently been employed,
and so can't use their helpline. In order to be on the
database, firms have to use a high proportion of staff on fairly
ordinary wages. Competent solicitors are usually well-qualified
law society members used to working intensively and advising
a client how best to solve a problem with a very good knowledge
of law, tactics, and the evidence available. They cost at least
£100 an hour. Government legal help pays something like
4½ hours maximum at usual rates for case preparation and
nothing for representation, so the database is not aimed at finding
the best local solicitor but anyone at all, qualified or not,
who will attempt the work and many enquiries are channelled into
the government's own cheap mail-order claims preparation service.
The purpose is not so much to help claimants, but to avoid Daily
Mail headlines saying that claimants can't help: bad service
is harder for a journalist to prove than none. Somebody with
zero money, a simple case, and little skill or confidence in
putting it together might find the service useful.
- Venables.co.uk -
lists lawyers who give initial consultations by phone or email
as well as directories of lawyers
Rapoports.co.uk was
one that would have been hard to find without her site. If you
want to sue a trade union, you type "Trade Union" or
"Unison" or "British Medical Association"
into the box and find that three lawyers are listed (it's 61
for "bank"). Individual lawyers' employment appeals
tribunals are also minuted on bailii.org/uk/cases/UKEAT/
- Lawyerlocator.co.uk
is Butterworths solicitors' directory online, with plenty of
legal explanations added
- Waterlow
Legal | Public | Employment is another legal directory gone
online, listing firms by post code. This can search only for
no-win no-fee employment solicitors or legal firms where some
of the staff speak a certain language.
- Other employment law solicitor
league tables like Chambers (online and in libraries) exist
but tend to pick-out employment solicitors firms more than individual
employment lawyers. The firms are then more likely to charge
a corporate-client rate per hour for employment law. If you live
near
an employment tribunal and can ever attend morning weekday
hearings, go to have a look and write your own Chambers guide
to top lawyers before hiring one. (The minister has recently
renamed them "centres" for clarity). Finally, TakeLegalAdvice.com allows feedback
from customers who have posted short summery cases for lawyers
to bid on.
- Claims management
agencies have to register whether they might take an employment
case, even if they only take the largest ones in practice, and
what county they are based in. This makes the register itself
hard to use for finding a lawyer and most are geared to assessing
claims over the phone anyway. (Unions are exempt from this even
though T&G for example seems little more than a claims management
agency). Legal firms that do not use law society members, such
as human resources consultants, are also listed.
One that works for the employee's side - Humane
Resources has appeared in the Employment Appeals Tribunal
(search for Melia). Employment solicitors claims management agencies
like GotTheBoot.com also advertise on the right-hand column of
this site and pay some of the server and domain costs. I'm told
by an employer that they do a good job on a simple case in which
one or two phone calls can list the evidence and challenge the
employer to settle or risk the cost of a tribunal. At the other
extreme, a stress case based on reams of evidence about machiavellian
goings-on, no no-win no-fee lawyer is likely to touch it except,
perhaps, as someone who sits-in to give advice to a person representing
themselves and then claims 20% legal costs which the claimant
could not have got on their own. Even this deal might not attract
a lawyer, so for stress cases it's best to go as directly as
possible to a lawyer - rather than through an agency - and to
choose one close to a tribunal.
- Hybrid advice lines, letter-template-collections and
booklets exist
Delia Venables lists solicitors who will give initial advice
for free by email, but they do this on the understanding that
if your ½ hour's assessment leads to a good case, they'll
get the work plus 20% costs from the other side if they win and
most likely x% out of your winnings or £100+ an hour because
employment costs awarded do not reflect the complexity of real
life cases caused by employers deliberately trying to do one
thing and seem to do another. If they are bad employers, for
you to pretend not to understand would be for you to be a bad
employer of solicitors. If you genuinely can't afford this, better
to see the same solicitor volunteering to work for free at a
law centre. If you can afford this and would, best to consider
a solicitor very near to the tribunal where the case would be
heard or to you and specialising in your kind of case. If the
case is personal injury, the same applies but to county courts.
County courts only hear cases argued by law society members if
the claim is over £1,000 I think.
Another category exists of people who would not help you at a
tribunal but will offer cheaper advice in assembling a claim.
ETClaims.co.uk will offer some email advice on how best to present
a case. The service is run by Frank Irons, a retired solicitor,
who also works at a law centre.
MyGrievance.co.uk will likewise offer email support. The service
is offered by Adrian Melia, who, alongside other careers such
as being a composer, is a human resources consultant and has
argued legal cases right-up to the employment tribunals appeals
tribunal. The tribunals service does not require representatives
to be members of the law society, although non-union claims management
agencies have to be registered with the Financial Services Authority
and Adrian Melia is registered. His site also has a forum for
interested people to write to each other and he would be willing
to offer human resources consultancy to employers. As someone
who has an interest in workplace bullying, his services have
mainly been used by employees.
Tribunal Action in Wales does not offer to represent at a tribunal
but does offer phone and email help in getting a case together
from download-able booklets and template letters. They have just
started advertising on Google and hopefully will advertise on
Yahoo soon to appear on this site. The firm is run by a single
law society member, and does not write on the web site what other
help lines or individuals are involved. On the face of it, it
seems a sensible service.
One trade union is recommended
by a claims management agency that advertises on Google. Employment
contracts or the bits of staff handbooks they refer to often
allow a "friend or union representative" to
witness a sticky meeting like a dismissal. For the next year
or two it can legally be "recognised union"
but that will doubtless change and is not common anyway. The
important thing is that the contract tries to stop you hiring
a solicitor to come with you to meet Mr Sugar. Friends may melt
away at this point and unions are rare outside the public-funded
sector because unions are so bad at their job. You could claim
the solicitor is a friend and see if the other side proves not.
It's expensive. Or one claims management agency recommends a
pay-as-you-go union with qualified accounts at the certification
office, stating that their accountant does not quite know where
they get their money from after looking at the membership receipts.
Whether their witnessing of the meeting is good value or comes
with a small-print contract to use the same claims management
agency I don't know.
Epoq.co.uk t/a Desktop
Lawyer is the oldest firm in this part of the market, and
it's products are re-sold as add-ons to some More Than home insurance
policies (not motor) and as Halifax Legal Solutions. If you don't
get the service as a perk, the idea is that you pay up to £80
(the maximum a small claims procedure at a county court will
allow as costs) and get a down-load able bit of software with
lots of useful clear template letters and use of a legal help
line which, if necessary, will help draft further letters which
they may add to the collection in future. Unfortunately the help
line was taken-over by a private equity company and no longer
provides specialist lawyers with time to devise new letter templates
or booklet guides, so the service is frozen in time without much
in the download about employment tribunal or other small claims.
It is more about returning a faulty toaster, which is an odd
thing in a society where much unhappiness is caused by problems
at work and frankly none by faulty toasters. Epoq like to be
paid by standing order in the hope that you forget to cancel.
If you do forget to cancel and ask for a quick stop, they help.
- Student and volunteer solicitors can be googled with
"law works" (including the quotes) or "pro bono"
and using a map search or adding a place name. New colleges are
adding volunteer schemes for free legal advice all the time but
one co-ordinating charity, Law Works, says that it can often
take up to 8 weeks to find a volunteer, depending on the area
and the time of year. Other charities, some state-funded and
others not like Public Concern
at Work, offer help on specialised areas of law such as whistle
blowing by email or phone.
Some councils fund free lawyers in the same very low-budget way
that they fund advice centres, as employees of a separate grant-funded
law centre which is in theory a separate charity. Law centre
services are most likely means-tested; mainstream advice centres
never. The book "Employment Tribunals, Tactics and Precedents"
published by Legal Action Group gives an idea of how late
these agencies take qualifying cases, how little money they are
willing to put into services like preparing a bundle of documents,
and how quickly they drop cases in order to get-on with the next
one. A free PDF text book The
Claimants Companion by Tamara Lewis is in a similar style
(link from another DIY Employment Law site Employment-lawyers.org.uk)
LawWorks.org.uk
has links to some of all three types of service - law centre,
citizens advice bureau and advice services alliance - by place
name. Probonouk.net lists
volunteer lawyers too. Advice centres are usually parts of the
national franchises Advice
UK [dismissal
page] (formerly Federation of Independent Advice Centres)
and the better-known of the two - Citizens
Advice Bureau [dismissal
page]. Often the local branches will be a separate organisation
with their own web page listing opening times, what they think
their services are, who they want to see, and thanking
the council for their generous grant which is not what you want
to read if you want them to help you sue the council. Often,
advice centres will employ one volunteer to advise on all possible
subjects including employment law by looking-up the Advice Centres
Alliance or CAB web site and reading it out to you. My CAB tried
ringing my union to find out why they weren't backing me. The
union official responded by pretending not to be in and not returning
calls. It is a sign of how legalistic and arbitrary the tribunal
system has become that unqualified advice workers generally won't
act as advocates in a tribunal, any more than union officials
or employers' human resources staff will, despite union-failure.html
page, next.
- Footnote about Alcohol Recovery
Project, a public-funded employer trying to reduce the harm
caused by compulsive drinking.
Or maybe say that drinking is wrong: they are not entirely sure
and the trustees have spent much of their time discussing what
ARP stands for in between defending
tribunal cases against 3% of the entire ARP staff in 2006.
By chance their staff are quite good at the work and some of
the set-ups they use, like a drop-in shopfront with free group
work for people trying to stay sober, are better than the others
for most people most of the time. If you don't live in London,
the formula is called a community alcohol service and you might
find something similar in large towns, or a drug-and-alcohol
service in smaller ones.
Anyone can see from Alcohol Recovery Project's web site that
they set-up to do useful work with many but small government
grants to claim, endless interference with management from user-groups,
inspectors, funders, and trustees or counsellors, their managers
have very little time to find-out what the work really is, what
good work is being done, and what the more enterprising staff
want to do to improve things. There is meant to be a system if
interminable meetings' views fed-up-and-fed-up the management
line, but the system only passes credit upwards and blame downwards,
so if anything goes wrong it is the practitioners fault and not
the managers'.
If you have an alcohol problem, note that they only had a handful
of qualified supervised counsellors working in South London and
most of their staff are therefore forced to manage the demand
for counselling while pretending that the work is assessing or
running a group or responding to feedback from residents. Groups
are quite limited. Mostly, as in any social work organisation,
it is about assessments because it looks good on paper to say
"our staff did a thousand assessments", you
can have paperwork to prove it and nothing has to have been done
that is useful or can fail and show you up for not having a clue.
If a staff member should ask for an OK to send a list of suggestions
about the referral form, or ask a director how requests can be
passed-up the management line, either act can be taken as reason
for events which staff complain about at employment tribunals.
If you are ARP's lawyer,
please note Wang v CNC markets, a bit of case law that says someone
can be paid £2,500 nuisance to go away because the legal
system doesn't work, or whatever happened to Wang, and still
be a nuance and not be sue-able.
If you are one of ARP's trustees, shocked that your organisation's
fecklessness and cruelty to clients and staff should be exposed
on the web, please first remember that Kingston
University has a whole website doing nothing else with business
as usual, so it is no nuisance to get het-up about or bang the
table at the next trustee's meeting and note that I am happy
to help reduce the incompetence and bullying at the old firm
if you want to ask advice. I'll even sit on the board of trustees
once a month with you if you want. I did write to each of you
personally twice and despite working for the employer for seven
years I was refused a chance to meet this mystery committee and
got a failed attempt at unfair dismissal instead. It was something
about slamming doors. The manager you asked to make the allegation
was so thick and dishonest that she forgot there were dampers
on the doors but she remained in post in order that the could
try the same again later. I am also rude to Suzan
Kramer MP, The Transport
and General Workers' Union, Amicus, The Union of Democratic
Mine workers and Beresfords
solicitors, DAS Legal Insurance (by quoting a link to a critic),
The Labour Party, The Conservative Party
(who take money from my ISA manager), and Mr Andrew Gumbiti-Zimuto,
the tribunal chair. More people are insulted by this site than
read it in a typical day and nobody else has cared enough to
get in touch In fact by insulting a trade union I have helped
the management at ARP who are also known for dismissing union
reps.
Employers appearing at the employment appeals tribunal and on
surveys of workplace bullying show similarities: quango-funding;
committee management, few pressures on them to know what it is
that they actually do and who their good staff are or who are
the less productive ones. Another aspect is that their staff
are working for something beyond just the money, which law doesn't
recognise. Ambulance staff report a lot of workplace bullying
but the law would say
"why didn't you leave the injured on the pavement and
walk into Tesco to ask for a job? This is just about loss of
earnings for overly quick dismissal, not how the ambulance service
is managed even if it is mismanaged in order to find ways of
getting rid of troublemaking staff rather than managed for the
patients on the pavement".
Look Ahead, a hostel
organisation, gets in the employment appeals tribunal top-of-the-pops
more than once; Kingston University is an organisation that has
inspired its own web site about employment practices.
Another trend amongst organisations that might make case law
on appeals and are reported is that a lot of them have funny
names. The sole example of psychiatric-injury-by-post is about
a parish council's country walks projects, which might have amused
a judge; Fatti v. Look Ahead must have amused a judge and Wang
v CNC Markets speaks for itself. Usually, judges take the job
for the state pension that they would not have got as barristers
but sometimes they are moved to agree with a change. If you have
a funny name, maybe you'll succeed where nobody has persuaded
an appeal judge before. http://ethicalfashionforum.ning.com/profiles/blogs/better-than-fairtrade-tariffs To
write a link to this page, choose from the main url or (as described
on this Consumer
Action Group page))
http://www.employees.org.uk#1
- find which UK employment laws apply to you
http://www.employees.org.uk#2
- check your employment law ideas by phone
http://www.employees.org.uk#3
- check the basic position in law, and the full text of laws
or cases
http://www.employees.org.uk#4
- find a solicitor at this stage or claim yourself
http://www.employees.org.uk#5
- register yourself as someone interested in something better
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