One of my favourite ever dirty lawyer tricks involved the three month tribunal deadline for unfair dismissal. Employees are expected to appeal their dismissal, and if they don’t they can expect their compensation to be reduced at the tribunal. In recognition that this can take some time, if the appeal process is still ongoing at the time the three months expire then the limitation period is automatically extended for a further three months.
My advice to employers was obvious - if you’re about ten weeks into an appeal process anyway (which happens far more often than it should), hang on a bit and make sure they get the appeal outcome a day or two before the three months expire. Bingo! The employee doesn’t dare bring the claim before the appeal outcome, because of my oft-repeated dire warnings about compensation being reduced, and the limitation period isn’t extended because the disciplinary process was complete by the time the three months ran out. The result? The employee has a one day window to fully digest the appeal outcome letter, fill in his tribunal form and get it to the tribunal.
Don’t judge me too harshly. I always knew that if they put the claim in late they’d probably get it accepted anyway, on the basis it wasn’t “reasonably practicable” to get it in before. The fact that my letters suggesting the opposite may have made the odd one give up his claim - is it really my fault? Really?
Of course it was. But that was my job.
Telling an employee the same thing now would be naughty practice, as only now (a full three years after the rules came in) is there authority to say the claim will be accepted in this situation.
The rule of thumb is that an employee gets three months to bring a tribunal claim. This can be extended in a convoluted variety of ways, but generally you’re mad not to at least bung in a form during this period. Get sacked on the 2nd December, you’ve got until midnight on the 1st March to get your claim to the tribunal offices. I know that I’ve faxed a tribunal claim at ten pm on the last day, and gone home suffering from palpitations. This chap’s representative was not so lucky, submitting a claim online only for it to arrive at eight seconds past midnight.
There are two issues to come out of this, the first of which is whether three months is enough. Sue someone for personal injury, you get three years, sue them on a contract you get six years. Why the very short timescale for unfair dismissal? This is especially true when the fact you’ve been sacked is likely to have turned your life upside down anyway, and you may be a bit too busy signing on, going to interviews and paying the bills to fill that form in. Limitation periods in general are a good thing, but let’s all take a step back: would six months really cause anyone any problems? No.
The second point is that a Claimant would, again, be mad to use a representative that is unregulated. This representative won’t be insured, qualified, or regulated by any body to which you can make complaints. In practice I once saw a no-win/no-fee representative under-settle a Claimant’s case without her authority, then promptly go into liquidation without paying her anything at all. Solution? None. If you’ve a tribunal claim, then you should:
- See if your home insurance includes legal expenses insurance - bingo, your case is paid for;
- See if a non-profit organisation, like your local law centre, CAB, or a charity will do it;
- Ask all your friends if they know a good solicitor for employment law; or if none of them do:
- Find one you like the look of that specialises in it. Employment isn’t something you can do as a sideline. If you think your last solicitor would be a good choice because he did such a thorough job of your conveyancing, and because his musty office reminds you of visits to your grandparents when you were small, then think again.
I don’t want to be unfair, there are no doubt many good non-solicitor organisations out there doing a good job. Until the cowboys pack up and leave town though, steer clear.