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Professional Negligence in Employment Claims

Have mistakes by an employment lawyer caused you to lose out?

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Katherine Swinn

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Professional Negligence in Employment Claims

Have mistakes by an employment lawyer caused you to lose out?

Rated Excellent on TrustPilot

If you have tried to make an employment law claim against your employer, but your lawyers’ mishandling, mistakes, or bad advice have caused you to lose out financially, you may be able to claim compensation from those lawyers for their professional negligence.

Few events can unsettle your life in the same way as legal difficulties with your employer. Whether it concerns unfair dismissal, discrimination, redundancy, or another kind of employment law dispute, the upheaval and uncertainty can be highly distressing.

But this can be made even worse if you’ve instructed lawyers – whom you believed would help you – and their mistakes have undermined your chances to recover the compensation you deserve.

Truth Legal can help

Truth Legal’s professional negligence solicitors can help you to hold your original lawyers accountable for the losses they’ve caused you. We work closely with our own employment law team, so we can expertly assess the actions that your former lawyers took, or should have taken.

You might be reluctant to trust another law firm after your experiences, but our solicitors go above and beyond to merit the faith our clients place in us. Just read some of our excellent Trustpilot and reviewsolicitors reviews to see how we deliver on our commitments.

To discuss your situation, get in touch with us today.

What might indicate that my employment claim was handled negligently?

There are many situations which might indicate professional negligence by your employment lawyers. These include situations where your lawyers:

  • Missed your claim’s limitation date, preventing you from making the claim
  • Did not file key documents with the Employment Tribunal in time
  • Gave you incorrect or careless advice on any aspect of your claim
  • Under-valued your claim
  • Settled your claim for significantly less than it was worth
  • Made mistakes when drafting crucial documents – such as a Settlement Agreement, for example
  • Did not take, or ignored, your instructions on a key part of the claim

If your employment lawyers made any of the above mistakes, and this caused you financial loss, or reduced an anticipated financial gain, then you will have a strong basis for a professional negligence claim against them.

Employment claim professional negligence FAQ

What are the time limits for making a claim against my employment lawyer?2023-07-14T11:06:34+01:00

With professional negligence claims, you must begin your claim within 6 years of the date on which the negligence occurred. Otherwise, you may be prevented from making the claim at all.

However, if you were unaware of the professional negligence at the time, the time limit will run from the date when you found out about it.

There can be other rules which change the time limit that applies in your case too. So, if you are thinking of bringing a professional negligence claim, or are worried that you may have left matters too long, it is best to contact us as soon as possible so that we can advise you fully.

Do I have a professional negligence claim against my employment lawyer?2023-07-14T11:02:21+01:00

Firms of solicitors owe their clients a duty of care and must always act in their clients’ best interests. So, for a professional negligence claim against your lawyer to succeed, you must prove that they failed in their duty of care towards you. This can be done by establishing that they failed to meet the professional standards required of them.

Regardless of the lawyer’s experience, the standard they must meet is that of a ‘reasonably competent practitioner’. If the lawyer is, or claims to be, a specialist in employment law, they will instead be held to the standard of a reasonably competent specialist practitioner of employment law.

If it can be proved that your lawyer failed in their duty of care, it must then be shown that:

  • you suffered a loss; and
  • this loss was caused by your lawyer failing in their duty

For an example of how this might look in an employment claim, imagine you have just been dismissed from your job and you believe your employer did so unfairly. You consult an employment lawyer who advises you that you have a strong claim for unfair dismissal. You instruct them to act on your behalf in making a claim. But, due to the lawyer’s carelessness, they miss the deadline for filing your claim.

Your solicitor has now breached their duty of care towards you; their carelessness clearly shows they have fallen below the standard of a reasonably competent employment lawyer.

Because the deadline was missed, you are prevented from making your unfair dismissal claim against your employer – through no fault of your own. And so the lawyer’s breach of duty has caused you potential financial loss, i.e. the compensation you might have received from your unfair dismissal claim.

If you made a professional negligence claim against the employment lawyer, you would be seeking payment of the likely compensation award of your unfair dismissal claim, as well as any other losses the lawyer’s conduct might have caused you.

How can I fund my professional negligence claim?2023-07-14T11:07:42+01:00

If you’ve had a personal injury claim affected by professional negligence, it is completely understandable that you might be wary of starting any new legal matters.

At Truth Legal, we recognise this and offer a range of funding options. By doing so, we aim to give you peace of mind and to limit the possibility of you incurring any further expenses. We are often able to conduct matters on the basis of a ‘No Win, No Fee’ agreement, where, in the vast majority of situations, you do not have to pay our fees if we are unsuccessful in recovering compensation for you.

Funding arrangements will always be explained to you fully before you start your professional negligence claim. And we are more than willing to answer any questions you may have.

Why should I claim with Truth Legal?

Professional negligence claims against employment lawyers can be complicated, particularly when it comes to assessing the conduct of your former lawyers and whether they have failed in their duty of care. It is often something they will dispute strenuously.

As such, your choice of solicitors when seeking negligence compensation is crucial. It’s also why the expertise, tenacity, and attention to detail of Truth Legal’s professional negligence solicitors can make all the difference to your claim. Supported by our experienced employment law team, our solicitors can help you to secure the redress that was originally denied to you.

We offer:

  • A free initial consultation – to discuss your circumstances.
  • Specialist technical knowledge and experience – so you can rest assured that your case is in the best hands.
  • Practical advice – tailored to your situation.
  • Strong representation – fighting for the compensation and outcome you deserve.
  • Support and compassion – friendly, knowledgeable professionals on your side through a difficult time.
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