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Got The Boot We are a specialist niche firm of Employment Law solicitors conducting employment litigation only based in Solihull, West Midlands, We offer expert employment tribunal representation to claimants residing across England, Scotland, Wales and Northern Ireland.
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Have you suffered discrimination because of your or someone else's sex, race, age, pregnancy, religion, disability or orientation? Let us take a look - we frequently take on and win cases where a Union or Legal Expenses Insurer has declined to act due to merits. We are a firm of UK based specialist No Win No Fee Employment Law Solicitors who represent employees in Tribunal claims nationwide, from junior workers through to senior executives. We pride ourselves on offering a personal and thorough service you may not experience with larger law firms.
Employment law can be a complicated area of law to fully understand. To help you decide if you have a valid claim, we have produced a free reference guide that gives a brief overview of the most common areas. We are No-Win No-Fee Solicitors based in Warwickshire, catering to your employment law needs across the UK.
Gross misconduct refers to the behaviour of an employee, where their behaviour is severe enough that it breaches their contract and destroys the relationship with their employer. This can be either gross negligence or a deliberate act by the employee. The employer is entitled to dismiss the employee who committed gross misconduct with immediate effect and without notice. You may find more information about what is considered to be an act of gross misconduct in your employment contract or your employee handbook.
Constructive Dismissal is a situation in which the employer commits a fundamental breach of contract, entitling and/or forcing the employee to resign as a response to their employer's conduct. The employee becomes entitled to being seen as "dismissed". Oftentimes the employer's conduct is considered to be a "repudiatory breach".
Reviews (12)
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Tahir Mehmood
May 30, 2020
Horrible I bought six claims against a multi millionaire company called St Patrick's College. There were 2 claims of constructive unfair dismissal under s.95(1)(B) & (C) ERA 1996, Less Favourable Treatment (FTER 2002), Whistleblowing and Equal Pay under s.66 Equality Act 2010. At the 2nd Preliminary Hearings employment judge Benjimin Burgher started by saying that where there were disputes of fact, that he would have to give the benefit of that to the claimant and not the employer. However, he then proceeded to do the opposite.

He whittled my claims down to three. He said one of them was out of time whilst ordering me to pay a deposit on two of them (constructive dismissal / disability discrimination) whilst allowing a single claim to proceed to a full hearing as a consolation prize, notwithstanding the fact that the constructive dismissal claim would have succeeded by default if the claim that he had allowed was successful.

He conducted a mini hearing (despite being warned that this was not allowed) and ordered the deposit by applying a subjective test when the correct test was objective. At the 3rd Preliminary Hearing for disclosure he started talking about equality of arms. Hello? On the one side there is a millionaire company who have not paid a penny. On the side there is me who had a lot of debts and he ordering me to pay a 600 deposit.

When I challenged him him he simply said to appeal. As if I had 400 to appeal and another 1200 to go to the employment appeal tribunal hearing. Despite me being heavily in debt and on a debt management program he ordered me to pay a deposit despite HMCTS retrospectively refunding the employment tribunal application fee and allowing a full fee remission for the 950 employment tribunal hearing fee on the basis that I could not afford it and paying it would cause exceptional hardship.

He simply said that he could have ordered 1000 per claim when he could also have ordered nothing. He misused his powers. He allowed the respondent's counsel to get away with breaching every case management order under the sun by refusing to strike out the claim or order them to pay a deposit. He was unduly friendly to the respondent's counsel and came across as an employer friendly judge, therefore biased.

He came across to me as though he knew the respondent's counsel, most likely from their days in law school as they are both employment barristers. I have done some research on him and he works at Outer Court Chambers and regularly represents client. He denied me the right to a fair hearing under Article 6 Human Rights act 1998 and lied in his written reasons.

He is dodgy to the extreme and should not be making fundamental mistakes. He should have simply said sorry and asked the full employment tribunal to refund it regardless of the outcome. Having made a fundamental mistake as such he still had the nerve to both call and sit on a 3rd Preliminary Hearing. I complained to the regional judge Taylor who failed to point out his mistake to him.

My hearing is now over and whilst I believe that I won (I am still waiting for the decision) on at least two of the three claims, his involvement in my case has left a bad taste in my mouth. The employment tribunal system was set up to help people like myself and instead they end up helping millionaire respondents who then get away with murder. I cannot help but wonder how may poor soles have had to pay deposits or even worse have their case struck out by dodgy employment judges like him.

I know where he works and will be paying him a visit in his workplace and will confront the clown. The only other dodgy judge that I know of who used to work in London South Employment Tribunal is Jane Liddington. So my advice to all claimants in particularly unrepresented ones to beware of these dodgy judges especially these two judges. I have done a google search on this judge and an number of decisions that he has made have been overturned on appeal to the employment appeal tribunal. It just goes to show how desperate the justice system is when they employ novice judges.
Andy
Feb 22, 2020
Useless. Solicitors sent letter confirming details. - 2/3 weeks later still no response (no emails, no phone calls, no letters) Phonelines are busy from open untill close - apparently. No voicemail option. Have emailed twice - still no responce. Useless, waste of our time.
Raluca Radulescu
Nov 21, 2019
If you're in a rush and there's a queue in reception you need to wait to sign in, only one register. Access cards issued which have to be inserted into a slot next to the gates in order for exit. If it's an important appointment be there early.
Lisa Storey
Jun 23, 2019
Very modern end clean. Took a moment to work out where to put the pass to get to lifts.security high so felt quite safe.
Andrew Smith
Apr 29, 2019
Appeal and do not worry! The Tribunal consists of 3 independent from the DWP specialists. My wife won her PIP appeal after 10 months of waiting.
Aks
Nov 27, 2018
Had been there once place is good but to reach there even google/wase does not give the exact route. Need to go there by trial and error after getting off the train or take someone along with u who has alrady been there earlier. Else u might tend to keep searching for this place.
Paul Francis
Oct 25, 2018
Parking is very expensive and not disable friendly. The building is not disable friendly. The lifts are a nightmare if you are disabled. The barriers close to quickly and trapped me. The good news is the judge, the doctor and support staff are first class.
Rogue Spanner
Mar 12, 2018
The board was punctual and made me feel at ease from the onset. The entire tribunal was conducted in a clearly described procedure. My only beef was the absolute lack of parking and a very long painful walk from the nearest tube. PS. I won my tribunal. Good luck everyone.
Jamie Phillips
Mar 25, 2017
Failed to consider the failings in procedures when making a decision which where relevant to a case because if the proper procedures where followed by the company in question, the incident that lead to the termination of my contract could not of happened regardless of any circumstances. The court also acknowledged that I was unaware of responsibilities expected of me and that the company had failed to inform me of responsibilities but still found their dismissal of my contract reasonable despite not being aware of responsibilities which they accept I was unaware of because of their failure to inform me of new responsibilities.

If there is an appeal process or way to take a case further or be reviewed more thoroughly I will be pursuing it as I do not believe all aspects where completely investigated in the ruling. I was alone and represented myself and was extremely nervous as I have and do suffered with anxiety in tense situations aswell as suffering from depression, which has become worse because of the decision made by my employers to terminate my contract.

I was not impressed with the decision having waited as long as I had, having jumped through as many hoops as I had. I do not believe the procedural failings by the company where considered enough. I do accept I probably didn't ask the right questions or maybe the judge didn't like the look of me or I did something I shouldn't of I don't know I'm not a solicitor.

I guess it pays to get an expensive lawyer like they can afford to. Don't bother trying, waste of time is my review in a nut shell. I mean there was clear procedural faults that could have prevented the incident but they were not focused on which I find unbelievable. The company accepted that with better procedures in place this could not of happened.

I don't want to make accusations but something doesn't smell quite right about the whole thing. Update. Rent arrears caused by the sudden termination of my contract after becoming a victim of crime in the workplace have caused me to face eviction from my rented accommodation. This is at the same time as new procedures I suggested to stop future incidents happening in the hearing are being discussed and implemented at the company in question.

It's important to note I have an awful lot of friends that still work for the company who have informed me of new procedures they are and have added since. It's been made aware to me that the transport staff doing the same job as I was doing for the company are refusing to carry out duties on the principle they all fear what happened to me happening to them. Something really doesn't smell right.
Troy
I was unfairly dismissed from my place of work, so decided to make a claim and was recommended to contact these solicitors. Dean was very responsive and any queries or questions I had were dealt with quickly! Everything was straight forward and he was patient with me providing all information and getting extra stuff to him. All paper work was double checked and everything was relayed back to me for confirmation. Very happy with the result overall, thank you very much.
Chris
I cannot thank Dean enough for the help he gave after I was dismissed unfairly by a huge company. My own union wouldn’t help but Dean took my case on and on a no win no fee basis and secured a settlement for me. I honestly can’t thank him enough and I would highly recommend anyone with a problem to contact him. He gave a first rate service
Elizabeth
Perfect and professional from start to finish. Made an incredibly stressful situation much much easier to deal with. Honest and realistic and managed my expectations throughout the whole process. Always only a phone call or email away if I had any questions. If anyone is unfortunate enough to find themselves in a situation where they are in need of an employment law solicitor, Dean Morris is your man!