Tag Archives: company

Legally Representing Myself (Law DIY)

This is not me

This is not me

This morning I acted as my own legal representative for the first time. It was both intimidating and exciting.

Unable to afford official solicitors, I decided to try it myself. I made my own court bundle of evidence and made sure I read up onMan with Bound Book legal and case points beforehand.

I wrote on my previous post about my Employment Tribunal claim for non-payment of wages and constructive dismissal. I described how I worked for 5 weeks as an English language teacher without pay, despite being given a contract. The excuse was that I was going to be paid but there was trouble with the bank. It has been seven months and I have not seen a penny of it.

Today was the big day. I nervously deliberated about what to wear. I decided on a dark grey business dress with pin lawyer-786478stripes which stopped just before the knee and was slightly figure hugging, with opaque black tights. It did not have sleeves so I wore a simple black cardigan, as I knew from being a legal secretary that sleeveless clothing was frowned on in legal proceedings.

I attempted to print off extra documents with my expensive white elephant of a printer (it only works when it feels like it) and spent extra time preening. Thankfully two of my former colleagues, Marilyn and Karen, who had also not been paid, agreed to meet me there and were both allowed in the Hearing room.

We went into a concealed small entrance into what looked like unassuming offices. A receptionist told us to go up to the Claimant’s area and we were met by a kindly, reassuring usher, who was sympathetic and a good listener. She told us how the building used to be a children’s school and still had a playground on the roof. There was another Claimant in there, a middle aged bespectacled man, red-faced and perspiring profusely. He looked in horror at my chronological, alphabetically ordered court bundle, no doubt wondering whether my overkill was common practice. We were told we may have to wait an hour, as he had been called in first. However soon after she told us this, another Judge magically appeared and within a mere half an hour I was ushered in.

I helped myself to a glass of water with trembling hands and waited for the Judge to arrive. A few minutes later he Employment_Tribunalentered. He was a tall, middle aged, slightly balding man with glasses and an intellectual, laid-back air. He instantly dismissed all formalities with a wave of his hand and said there was no need to go to the Witness Box, as no Respondent had arrived. He explained that this was considered admission of guilt in itself, as by non-attendance the Respondent had suggested that there was nothing to defend. It was a Remedy hearing, so he had already considered my evidence and made a decision in my absence.

“this is a sad situation which I see time and time again”

He told me that I was entitled to gross compensation rather than net compensation for my Schedule of Loss. This is a document showing how much the company owed me for work, holiday and notice pay, and how much I had comparatively lost in wages since my alternative employment. Jobseekers Allowance was not added on to the claim. The Benefits Office would issue a claim to the Respondent for public money owed as a result of my resignation following non-payment. I was not entitled to statutory pay as I had not worked there for two years. I reminded him that I was claiming under the exception of asserting a statutory right. He got rather irritated, shifted about in his chair and said “I am aware of that”. I quickly apologised and accepted his explanation.

We moved swiftly on and it emerged that the Judge agreed with everything I had claimed for. He told me a Judgement ordering the pay of almost £6 000 was in order. However, he said that I could not enforce any Order he made in the Employment Tribunal. I would have to transfer it into the County Court for that, but he believed that was free. He suggested he had previously worked in the legal field before becoming a Magistrate, which was reassuring.

I pointed out that my former colleagues were victims too, at which point he remarked on our “sad situation” and said it was something he saw “time and time again” with “a steady stream” of cases coming through “all the time”.

“this new change is a rogue’s judgement and will side with employers”

He also warned that it was “highly unlikely” the Respondent would pay as a result of the Order and that I would money_972_19521169_0_0_7049696_300probably need to pay to get it enforced. However I have heard that all my former employees have been dismissed and she has just established a third business with a different name.

“there will no longer be any justice for the common man or woman”

We then had a discussion about the injustice of legal fees coming in to the system from the end of July. Again, he completely agreed with me. He stated that although he was supposed to be politically impartial, he had to say that the new change to the system was a “rogue’s judgement, as you would expect under the Conservatives”, incriminating employees when employers are just as often at fault as those they hire. He agreed that there would be far less cases being pursued like mine, resulting in more scam employers getting away with it.

He said “there will no longer be any justice for the common man or woman like you and me”. He told me that a case like mine would cost in the region of £1 300, and that even if I just pursued the most simple claim it would still be £350.

We left and as I walked down the steps of the humble old building I felt a weight lift from my shoulders. It was finally over. Or was it?

We had a coffee in some public gardens with a large fountain. We watched two men barbecuing chicken legs until they were ticked off by one park warden, then his colleague. After a while a “bobby on a bike” turned up and then they finally agreed to leave. They strolled off with baggy pants falling down as soon as the policeman began to talk into his radio.

The sun was out and I felt so content until I felt the sun burning my shoulders. We went for lunch in a cafe and talked more about our experiences. Marilyn, as the unofficial detective of our group of former (unpaid) employees had found out all sorts of information about our former Director.

Emboldened by my first legal representation, I decided we should march down to the Police station right then and police-helmetthere and update them on their ongoing investigation. The detective was absolutely excellent. She came out to meet us and attempted to take us into an interview room, but there were none free. I updated her on Proceedings and she was most surprised that I would not be able to enforce anything. After all, what is the point of an Order that the miscreant will just ignore?

After a progress update we felt reassured. Marilyn and Karen were grateful to meet her, as they had been interviewed by some of her colleagues previously.

I walked out into the sunshine with them feeling rather proud. Things were making progress, I had been awarded more than I claimed for, a Judgement would be sent in the post and the Police enquiry was picking up pace.

Maybe I should train to be a lawyer…

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Staring poverty in the face

Today I was informed by the Jobcentre that due to my appointment missed three weeks ago, I would no longer receive benefits, leaving me with £85 a month to live on.

I had attended that place of misery and contempt the day before to see my adviser. She put me on a two day “Finding and Getting a Job” training course, which I found useful. I attended it unaware that I was no longer receiving any support from the Jobcentre.

I had provided all evidence of my Saturday job, only for my employer to be asked to provide more information.

lifelineA friend said his benefits had been stopped for two weeks, after telling them in advance that he would not be able to attend an appointment. He never received money owed. I have heard of people being sent to interviews when they do not meet the basic job description.

They had all my personal details, why did it take 27 days for them to contact me? Why couldn’t they have asked why I missed the appointment, or at least given me warning that my lifeline was about to be cut?

Luckily although I am nearly out of money to live on, I have received support from family and friends. I have food parcels, tins and the freezer stock. I walk wherever I can to save on public transport. I am making do with a mobile on which I can hardly hear someone’s voice, rather than buying a new one. “Make do and mend” and “waste not want not” are my new job war mottos.

What is annoying is that I did everything that was asked of me. When I was aware I had forgotten for the first time I rang them up and went in on the day. I provided full evidence of my Saturday work and full evidence of my job hunt, I attended all meetings apart from two which I forgot, as I attended the Jobcentre so regularly it was difficult to keep up. I will need a diary now just to put their appointments in.

Despite having a first in Careers Development I even went to the optional (so I was told when I attended) Group Information Session, where I was reminded about how I look for work, along with repeated information about sanctions this, sanctions that.

Where is the compassion? Where is the accountability? Where is the respect for those who are suffering? As a big faceless organisation I do not know who to address my complaint to. I don’t want to bite the hand that literally feeds me, but if I had more financial commitments I would have been tearing my hair out for the 27 days it took them to write to me.

An adviser smirked when I said that I could now buy a printer as I had food. It was to print out job search documents without paying 10p per sheet at the library every time.

In between saving up for one, I was referred to their free printing service. It involved a computer with a program different from Word, so every time I copied and pasted from Word it wouldn’t format and I spent about an hour playing about with it until my c.v could actually be printed on two pages. The reason given was “Word is expensive”. Once finally sorted, I had to ask permission from an employee to take it off the printer. You don’t get much more patronising than that.

There was no one to assist and while I was struggling, I heard two employees chatting. One imitated a man’s broken English. This father had just come in to get a bus pass so that he could take his children to school. I found the lack of understanding and respect disgusting. Clearly he had never experienced the daily financial hardship of being unemployed. The job seeker was desperate and needed his help, yet he and his colleague thought it appropriate to joke about his language ability, something which was probably holding him back.

My adviser was really helpful and thankfully had people skills. I won’t be referred to her this time I expect. I am going to the Jobcentre tomorrow to get myself off the streets, so to speak. Although thankfully I have accommodation provided for. I would now be in debt as a result of the delay, had I not saved.

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Work Training Day

82203-343x343-Bad_morningToday I woke up at 7.30. This hurt as I normally do not have anything to get up at the crack of dawn for. After a coffee to ressurect me from the undead I went out into the snow. The roads were clear, so I left half an hour for a 25 minute journey. Once again I had the misfortune of a driver who waited behind buses instead of overtaking them, meaning that a 25 minute trip took 40 minutes.

When I got to the company, to my surprise, the main receptionist was unaware of where the course was in the building. She asked for the teacher’s name and I did not have it. I showed her the text I had received reminding me of it. She told me and another course candidate to go to the first floor and turn left. He was a young man with a round face and black hair. I was in an ironed shirt and work trousers, while he sported baggy black jeans and an Ed Hardy t-shirt proclaiming “LOVE KILLS SLOWLY”.

“A woman joked “why don’t you just have them, nobody else wants them””

We stood in a queue for a while, and I wondered where the teaching room was, as I couldn’t see one. Finally we got to the desk and there was a lot of confusion over what we were here for and where we were supposed to be. I showed them the text but it still did not help.

While they were deliberating amongst themselves a lady joked “why don’t you just have them, no-body else wants them”. Exactly the sort of ignorance from someone who is fortunate enough never to have been unemployed.

Eventually we were directed to the right floor. We were greeted by a tall angry blonde. She was a curvy lady wearing glasses and a skin-tight black dress. “You’re late” she informed us, “I’m not sure if I can take you. I’ll just check.”

She came back and said that she had been given permission to let us in. It emerged later that we were a full three minutes later than the 15 minutes allowed. We explained that we had spent this time being sent to the wrong floor and she apologised.

I hadn’t been looking forward to the training session. I pictured dropouts lounging back on the chairs smelling of weed, tobacco or poor hygiene in line with the standard Jobcentre experience. To my surprise this wasn’t completely the case.

We went round the room introducing ourselves and giving some history. First off was a suited, 50-something man with glasses. Bob was a sales manager with plenty of experience in different areas. He told us he had faced a lot of age discrimination and he believed this was stopping him getting a job because interviewers just looked at him as being ripe for retirement.

Next was Bogale, a Politics and International Development graduate who had been a maths teacher in Kenya and was originally from Ethiopia. He had been in the UK for four months but his English was pretty good. He was interested in being a Teaching Assistant.

Abdul had dropped out of an accounting and finance degree because he was going to live in Turkey, but it didn’t work out. He was keen to work in a call centre. He had worked for five years in a variety of jobs. His family ran a cake business in Iraq. He had a short black beard and was shy but laid-back, wearing a woolly hat and casual clothes.

Shabeeb had been a forklift driver for two years until he had been fired. He wore a cap, a big grin and casual clothes. He spent most of the class asking when we could have a break/go home/whether he had to be there the next day as well. He had a great sense of humour and made us all laugh.

Jamie was the guy I came up with. He was on a part-time I.T course at university and was looking for administration work.

Miss Bradley had done work in I.T, admin and sales and was a DJ by night. She was slim with long dark curly hair and a ready smile. She had been forced to drop out of university due to a custody dispute with her “psychotic” ex-partner. It reminded me of my experience of working in family law.

Ms Begum was a full-time mum and had worked at a call centre for British Gas. She was looking to get back into work and had the right qualifications. She was keen to work in customer service. Everyone in the room except her and Bob were in their late 20s or early 30s. They were a pleasant, friendly bunch.

The teacher said that she would not “tret” us any different due to what we had done in the past, we were all the same in her eyes. She had a talk about “elf” and safety in the building. I felt bad for smiling at this when she told us how an employer had told her she had failed a Family Learning teacher interview due to her strong accent. She said she felt like suing them.

She also disclosed that she was a trained counsellor, and that she’d naturally done this all her life, without realising it.

She told us to beware of stress once we got work, as due to the recession their had been a sharp increase in hospital admissions. I remembered how stressed I was when I worked three jobs, seven days a week. Stress can creep up on you and accumulate if you don’t release it regularly. Mrs Begum said that when she was stressed at work she had no outlet for it, as when she went home she had the kids to deal with.

Make time to relax for 20 minutes before you go to bed each day. Think about your day and what stressed you out and whether there is anything you can do about it, in which case do an action plan. If there isn’t, let it go.

Stress happens when we’re caught in between fight and flight mode. If we are prepared and have action plans and lists to tick off, we know what we are doing when, and can relax more. This is how I could be responsible for all the medical files in a department. My day followed a certain structure and I had time deadlines for tasks. I’d always keep in mind the next item on the to-do list and work my way through it. That way I wasn’t running all over the place wondering what to do next.

As soon as I’d said I was an English language teacher I noticed Tibuk’s eyes light up. We had a chat and it turned out that in my last job I was teaching the very syllabus he needs to learn! I may be able to give him lessons to prepare him, although of course I will need to see if I can fit it around work when (note I said when, not if – Positive Mental Attitude) I get it.

The day was actually really useful, even though I got a First in Careers Development whilst doing my degree. I learnt that I am weak on the personal profile in the CV, and what to put in there.

She asked if anyone knew what CV stood for. Everyone looked like she’d spoken another language, which she had. I informed everyone it was curriculum vittae, was Latin, oh and by the way vittae meant life, so literally it was curriculum life, which didn’t seem to make sense. There was a stunned silence for a moment.

This week is full of training and interviews! After applying for 5-10 jobs every day for a month I have two to look forward to. One is for a graduate position. I just sent off an application pack for another one. I am also thinking about applying for the Royal Mail graduate programme. I will keep you posted!

Work Training Day 2

GETTY_W_102511_ArrestHandcuffed-300x168

Today I discovered that criminal records were holding two of the members back. One for GBH, the other for breaking and entering. Both were misdemeanours of their youth which still count against them. One of them had a great sense of humour and we said that he should be a comedian because he made everyone laugh. It is a shame that their past could prevent them from moving forward with their lives.

Everyone in the group was easy to get on with. There was a supportive sense that we were in this together, although when I got an interview at lunchtime someone was a bit too keen on knowing what it was for! I once told someone about a job that I was applying for. She applied first and got it, so I’m more careful now.

Keep throwing yourself at the job market. The Jobcentre-referred course was great and I would recommend it to anyone. You think you know how to apply for a job, but it is not as simple as it seems. Every phrase can be read into, and it is all a carefully formulated plan. I am now going to re-do my CV, and I’m prepared for my interviews more thanks to plenty of practice.

Again I would recommend agencies – I have found getting an interview with them much easier and they are a foot in the door to permanent work.

I am encouraged by the course and am actually looking forward to interviews for the first time. It’s simply a matter of preparing yourself – getting the ID documents, dressing for success, preparing for competency-based questions (Explain how you dealt with a difficult situation) using the CAR/STAR method (if you don’t know what it is ask to go on the course!) and brushing up on the skills you’ll be tested on.

I’ve spammed the job market for a month and I’m only just starting to get results. It may take time but if you ensure that your CV and interview preparation and skills are in line with what is needed you will be fine.

Good luck fellow jobhunters! Keep on it!

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