UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Can you please clarify your question. Also please provide details of how long you worked there before being dismissed and what reasons were you given for dismissal?
So at the time of dismissal were you employed through the agency, rather than directly by the end user?
Being given a case number XXXXX not mean that you have a valid claim. I presume the next step would be a pre-hearing review where you will be asked to provide the legal merits for bringing in your claim and there is a chance that it would still be prevented from proceeding if the other side can show that it was misguided.
My concerns are that you can't make a claim for unfair dismissal as an agency worker. Flexibility is one of the main reasons for employing agency staff and they can usually be removed from a contract or workplace with minimum notice and any repercussions of unfair dismissal. Unless you can show that you were actually an employee rather than agency worker, then it's unlikely your claim for unfair dismissal will be allowed to proceed.
You can still make a claim for discrimination, even if you were an agency worker, so that part may still proceed.
In terms of conflict, then it is unlikely that any solicitor working for Unite will be able to handle your case. You have rightly identified a conflict of interest and they won't be able to act for you. Whether you are allowed to have another solicitor of your choice is not so much a legal right, as it is a contractual one. You need to check the terms of your membership with the union and see what you are covered for. There may be specific clauses that do not allow financial support for any claims against the union, and that is understandable. So check any agreements that govern your union membership to see exactly what you are entitled to.
I hope this helps. Please press the ACCEPT button. You would still be able to ask any follow-up questions if necessary. Many thanks
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