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To sue or not to sue

by Work Rights Expert, Rachel Lewis
continued from page 4
  • Tribunals will normally bend over backwards to help an applicant who is not legally represented. However, they cannot argue your case for you. Many people find it sensible to seek legal advice where possible – either handing over their whole case to a lawyer, or running it themselves but taking periodic advice on tactics. Failing this, you could visit your local Citizens Advice Bureau before the hearing (and, where possible, before issuing your IT1). If you do see a solicitor, be as full and frank as possible about your case. Sounds obvious, but it’s amazing how many people hold back, whether through fear or embarrassment. This can be fatal. You may not think a particular piece of information is relevant but it could turn out to be critical at the hearing. It’s important to feel comfortable with your solicitor – if you feel you’re being fobbed off or patronised, that’s a pretty good sign that you need a new lawyer.

  • The hearing will be stressful, which is worth bearing in mind if the other side does make a settlement offer. You may think you will be fine, but it’s impossible to underestimate the effect of actually arriving at a tribunal. If the claim does proceed to a full hearing and you’re not being represented, you should consider asking a friend to accompany you for moral support and encouragement. Also consider going and sitting in on a case some time before your own claim is due to be heard. Tribunals are public places and you have every right to sit at the back of another hearing and assess how the whole system works.

Next page: what about you?



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