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PublicConcernA report from the whistleblowing charity Public Concern at Work has found that people making whistleblowing claims in the Employment Tribunal are significantly more likely to succeed with their claims if they have a lawyer representing them.

The report “Is the law protecting whistleblowers – a review of PIDA claims” reviewed Employment Tribunal judgments and statistics between 2011 and 2013, analysing 2,969 employment tribunal judgments.

The report stated that only 44% of claimants in whistleblowing cases had legal representation, with the remainder representing themselves or relying on a legally unqualified representative for help.

The report also found that there was a problem with access to justice in whistleblowing claims, with certain categories of workers (GP’s, foster carers, non-executive directors, and doctors, for example) unable to make claims against their employer under the relevant legislation. Further, claimants who instructed a lawyer to represent them in their claims were significantly more likely to be successful in their claim where they had legal representation – 44% of claimants who had legal representation won their claim, against 32% of self-represented litigants. The report highlighted that many litigants in person have difficulties in understanding the procedural aspects of the Employment Tribunal with system, with one litigant in person left feel “isolated” and “excluded” by the language used by the judge and lawyers.

As well as significant issues with access to justice, the report also found “a worrying increase in the number and size of costs ordered against claimants”, with costs totalling £753,135 being awarded against claimants who had brought whistleblowing claims, whereas costs awarded against respondents was much lower (at £183,992).

Public Concern at Work chief executive Cathy James commented on the report: “While the law is intended to level the playing field, this report shows the barriers to justice faced by whistleblowers when accessing the courts and demonstrates the “David and Goliath” battle often faced by whistleblower claimants.

“Unable to access legal aid and faced with the financial burden of paying for advice, representation and court fees mean that many individuals are effectively being priced out of justice.”

The charity also stated that there was an “urgent need” to review the employment tribunal costs regime.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the report: “This report shows that – far from being informal and litigant-friendly – Employment Tribunals pose formidable obstacles for those undertaking whistleblowing claims. Whistleblowers who want to take their case to court may wish to try and instruct a firm of solicitors on a no win no fee basis if they do wish to obtain expert legal representation, as this reduces the up-front cost burden of litigating for them.”

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Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

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Responsive, patient, thorough and personable - an excellent service.

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Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

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Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

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Great service

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Anonymous

Excellent, professional service and a speedy resolution. Many thanks

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Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

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Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

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Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

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Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

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Professional and helpful. Thorough and supportive.

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Richard A

Excellent service, prompt replies, great advice

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Anonymous

Very professional services

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Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

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Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

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Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

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Richard v

Excellent Service

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Very happy from service received. Highly recommend

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Colin W

Very professional and thorough. Sachs who dealt with the bulk of my case was excellent Thank you. .

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I was generally impressed with the fast turn around, efficiency, responsiveness, and consideration of circumstances. I needed a couple of areas of advice quickly and with Redmans help was able to get to a conclusion quickly and with minimum stress. They were friendly and professional throughout - I'd use them again.

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Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

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