How I Met My Client
I first spoke to my client during a free, initial, telephone enquiry. He explained he had been suspended and he was facing disciplinary action for an alleged breach of health and safety at work. His employer had indicated, if proven, he could be dismissed for gross misconduct. We decided to arrange a Fixed Fee Consultation so that I could review the Investigation Report setting out his alleged wrongdoing. Read on to find out what happened next.
Fixed Fee Consultation
We met a few days later.
The Fixed Fee Consultation is of unlimited duration. It really gives us the opportunity to take full instructions and review relevant paperwork. I find it is also really helpful to clients as it allows them to take their time and place them at ease, as we know the first meeting can be daunting.
When I reviewed the Investigation Report, it struck me that there were numerous inconsistencies. Whilst we acknowledged he was a senior employee who would, undoubtedly, have health and safety obligations, it was unclear why he had been selected amongst his peers for the alleged breach. My concern was that he was being treated disproportionately and used as a scapegoat.
I assisted my client throughout the disciplinary procedure by drafting his disciplinary statement, appeal statement and advising him on his general queries. Unfortunately, however, my client was dismissed for Gross Misconduct and whilst he appealed against the outcome, his dismissal remained.
What To Do Next?
I continued to assess his dismissal as unfair and I advised him to pursue an Unfair Dismissal and Wrongful Dismissal claim. I felt so strongly that my client had been unfairly dismissed that I offered him a Conditional Fee Agreement (for more information click here; Solicitor Fees For Employees – LincsLaw Employment Law Solicitors) which, essentially, meant I heavily reduced my normal hourly charge out rate.
We then set to work preparing his claim to issue in the Employment Tribunal. Thereafter, we engaged in Employment Tribunal litigation and our initial attempts at achieving a settlement were unsuccessful. However, after some negotiation we did achieve a fantastic settlement.
I was delighted when my client achieved such an amazing settlement. In essence, he received around six months’ gross salary and a good reference. He has also secured new employment. It proved that his dismissal was unfair and, by engaging in settlement discussions throughout, it ensured my client’s legal fees remained proportionate.
He very kindly wrote the following words:
Couldn’t have asked for more!!
Lucy was from the very first conversation really helpful and offered me not only great guidance throughout my Employment Matter but comfort & confidence.
What was a very difficult and stressful time for myself was made as easy as possible, each step was always careful explained/discussed covering the pros & cons.
Thank you for everything.
My client left this review on Review Solicitors and links to my other client feedback can be read by clicking this link; https://www.reviewsolicitors.co.uk/62820726/lucy-sharman-stones
How Can Lincs Law Help You?
If you are experiencing difficulties at work and / or you are facing dismissal, please contact us for a free, no obligation consultation with one of our fully qualified employment solicitors. Simply use the contact form, engage in a webchat, email email@example.com or call us on 01522 440512 and we will be happy to help. Alternatively, for more information about disciplinary action / dismissals can be found on our website here; Unfair Dismissal – LincsLaw Employment Law Solicitors Lincoln