Helping You - 4

www.workrep.co.uk

My Union Has Not Helped Me. I Want To Take Them To Tribunal

If you have an issue with a union we believe you should use their complaints process or even publicise your woes in a newspaper. If you gain an award from a union all it will do is weaken the union and thereby lessen the chances that it will operate effectively.

Although we have every sympathy with workers who approach us after having been badly served by their unions - and unions are indeed often overly bureaucratic and sometimes even downright unhelpful to those they are supposed to be supporting - we believe as a matter of principle that taking unions to tribunals cuts away the ground from beneath workers in general.

We have taken on cases that workers' own unions would not touch or were dragging their feet with and won in the end. If you feel your union is not giving you the help you feel you deserve we might be able to help you in your case vis a vis your employer.

If after all this you are still determined to have your day in court against your union, please go down to Sharp & Bungle Ltd your local high street solicitors.

I've Emailed You My Case. Should I Now Just Wait For Your Answer?

We try and answer all emails within a week. If there are particular problems with the service we will usually put a notice on the frontpage of the website indicating this. If you have not heard from WorkRep after some weeks (or sooner if the 3 month deadline is near) you should consider making an application to the tribunal yourself with the help of another advice agency,or a solicitor. When considering going to a tribunal, you should seek advice at the earliest opportunity. PleaseDo not wait until the last minute. Last minute tribunal applications are invariably bad applications. Making a last minute application is also stressful for those helping you, and you will have damaged your case even before it has started. The tribunal might not even allow you to bring the case!

How Long Do I have To Make Up My Mind To Go To Tribunal?

A good rule of thumb is to keep in mind that you normally need to apply to a tribunal within 3 months of acts complained of.

Please note, WorkRep takes no responsibility for this time limit lapsing after your details have been sent to us, and whilst the merits of your case are being considered. If we have not responded to your email(s), and you are worried that time is starting to go, you should look for representation elsewhere.

What If I Lose?

If you lose your case at tribunal, there is a small possibility that an employer will apply to the tribunal for a costs order against you. Such orders are however rare (approximately 1% of cases). WorkRep would normally be prepared to advise/represent you were costs to be sought against you. No costs actions by employers have yet succeeded against clients of WorkRep.

Follow the link for more information about costs actions and defending them.      

Defending Costs Actions


Your best protection from costs is that of acting politely and cooperatively towards the other side (no matter what the history of your case is); in acting in a timely manner, both before and during the tribunal hearing, and in taking advice from WorkRep when necessary.

The above does not mean to say that you are expected to give in to every demand made by the opponent's representatives (if you are conducting your own case), as they can on occasion behave very unreasonably.

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