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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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    370 Reviews

    Glyn B

    Provided a great service, covered all my requirements

    Posted 6 hours ago

    Fidel A

    Redmans Solicitors recently helped me navigate a recent employment termination settlement agreement. Chris Hadrill is very professional and you will be in good hands with him. I score Redmans 4 out of 5 because things had to move fast and felt the team member assigned to my case wasn't very responsive at times. Having said that, I was very happy with the outcome and have no hesitation in recommending their services.

    Posted 23 hours ago

    Nigel A

    Chris Hadrill is hugely impressive - the right blend of assured calm and savvy professionalism. I've already recommended him to friends and family.

    Posted 1 day ago

    Matt O

    I was hugely impressed with the ease of being able to work with Redmans Solicitors and their professional approach. Mel was really clear around the process, and costings required and I felt comfortable throughout. I would certainly recommend.

    Posted 1 day ago

    Bryan G

    Great response, and also happy to assist

    Posted 1 day ago

    David L

    I was made a settlement offer by my employer to terminate my emplyment early. Redmans helped me understand the offer, and ensured that it was fair for someone in my position. They made a very stressful situation much easier. Excellent service.

    Posted 2 days ago

    Anonymous

    I can highly recommend Redmans. The service was professional and prompt and I would not hesitate to use them again. Thanks

    Posted 1 week ago

    Anonymous

    Overall I am satisfied with the performance from Redmans. The reason I have given 4 stars is that I had quite a lot difficulty in contacting the representative which was initially nominated for me. However, when I contacted Chris instead, he was excellent over the phone and secured a great outcome in short order. I would recommend Redmans Solicitors.

    Posted 1 week ago

    Anonymous

    Chris and Redmans were a great help. Effective and efficient, quick response from my first enquiry and then straightforward and attentive throughout with ultimately a positive outcome. I will use them again and recommend them.

    Posted 1 week ago

    Marie P

    Great service, quick responses, good advice and all in a no nonsense, no jargon manner. Would definitely recommend.

    Posted 2 weeks ago

    Anonymous

    Rana was amazingly thorough and professional!

    Posted 2 weeks ago

    Anonymous

    I am extremely happy with the legal advice I was provided with. My case was resolved to the best of my expectations. Thank you very much for your professional help.

    Posted 2 weeks ago

    Shahzad R

    Chris and his team were excellent. They provided sound advice and consultation that resulted in more cash than was offered. Would definitely recommend.

    Posted 2 weeks ago

    Sanjay B

    I would like to take this opportunity to thank Mel Chin, for all her support during my settlement process. Where she provided a professional service and was understanding. I would confidently recommend Redmans Solicitors to my friends and family. Thank you and wishing you all a Merry Christmas.

    Posted 4 weeks ago

    Paul O

    Excellent response time and communication during my dealings with Redmans

    Posted 1 month ago

    Gil T

    I don’t normally write reviews, but thought it was time on this occasion. Just wanted to say that I highly recommend Redmans - especially Rana Tandon, who helped me navigate around my employment contract. Rana was meticulous and thorough and all over my needs. Would I use Redmans again ? ..absolutely

    Posted 1 month ago

    Stephanie D

    Very thorough and professional service. I was very nervous about my employment case, as I had never dealt with anything like it before. However, the solicitors who handled my case made sure I understood everything. I was never kept in the dark and Redmans kept me constantly informed about what was going on with my case. I would definitely recommend Redmans Solicitors

    Posted 1 month ago

    Richard S

    Chris and Sacha were great throughout the entire process. Chris was very helpful once the initial discussions with my company began and before we agreed there was a case. Sacha was very responsive, patient and helpful throughout ensuring I felt I had the right information to make the best decision on next steps. A close friend and wife have both used Redmans in the past few years for unfair dismissals and the service continues to be first-class and I would strongly recommend them again. They definitely help reduce the anxiety that comes with uncertainty around new processes and situations. Thank you!

    Posted 1 month ago

    Jianya

    Very nice and patient went through the whole document with me.

    Posted 1 month ago

    Susan L

    Very helpful and led me through the redundancy process.

    Posted 1 month ago

    Jennice

    I was very impressed with the service that I received, and the speed in which it was handled. I would recommend them to a family member

    Posted 1 month ago