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Unfair dismissal - General Procedures?

  • 27-06-2016 02:02PM
    #1
    redunited
    Registered Users, Registered Users 2 Posts: 441 ✭✭


    hi all,

    Just wondering about unfair dismissal cases and how they now generally go about?

    I know legal advice cant be given, im just looking for clarification on how the system works.

    Client A has been unfairly dismissed, im fairly sure there is a solid case for unfair dismissal as none of the legal guidelines have been followed, no notice, no lieu of pay, no redundancy, no holiday pay, and breach of contract.

    Now Client A has already engaged a solicitor who has informed that the law has recently changed and its now more expensive to take a case against an employer for unfair dismissal. Generally all the work has to now be front loaded meaning higher costs for the client.

    Client A was worried about intimidation and bullying in the workplace, being told they were going to be sacked verbally by the employer and consulted a solicitor when they felt they had no other option. The Employer receives a letter from the solictor and sacks the employee the following day, just issuing a p45.

    My question is,

    For me its clearly evident the Client has been unfairly dismissed, naturally the client needs to speak to their legal counsel again, but what is normal following this;

    Are there expensive charges to pay upfront?
    Where does a case like this go from here, straight to trial?
    How is the Client expected to pay for legal action if they are now unemployed?
    Why cant a Client claim legal expenses to enforce their legal rights if they win such a case?

    Everything Ive been told so far from the solicitor sounds like the Client has a genuine case and stands a good chance of winning, but according to the solicitor the government have now made it harder for employees to receive their legal rights, and everything is front loaded adding far more cost to any potential case. Also they said the EAT were no longer accepting new cases so new cases must go straight to trial?

    Thanks


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