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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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Testimonials

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143 Reviews

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 2 weeks ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 2 weeks ago

Anonymous

Extremely efficient. Mel made a difficult situation bearable and gave good clear guidance thoughout.

Posted 3 weeks ago

Anonymous

Thanks Chris and Sacha I was reassured throughout the process and a happy outcome

Posted 3 weeks ago

Edward F

Good and clear employment advice

Posted 3 weeks ago

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 1 month ago

Rory Y

They provide me with timely and clear advice!

Posted 1 month ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 1 month ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 1 month ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 1 month ago

Dino D

I did get a very swift and god service from Redmans

Posted 1 month ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 month ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 2 months ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 2 months ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 2 months ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 2 months ago

Djaouida T

You have good communication.

Posted 2 months ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 2 months ago

Anonymous

Very professional service.

Posted 2 months ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 10 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 1 year ago