Hi
hope someone here can assist as beginning to think we are being led up the garden path....
Brief rundown - partner lost job after road accident 18 months ago (3 months after accident employer said he could not afford to insure him)
went to solicitor, submitted unfair dismissal and minimum notice case to Employment appeals tribunal. Finally got a date 18 months (!) later. four days before the hearing partners solicitor called him in and said employer wanted to settle out of the tribunal. They offered 4k - not alot but we accepted on condition he received his P45 (still waiting) and that it was paid within 14 days (were desperate for the money with him being out of work due to injuries in the accident)
7 weeks later - no payment, solicitor keeps saying we will get it 'tomorrow'. I rang the tribunal myself today - the solicitor says as they have not paid he will take it back to the tribunal and we will get a date in 6 weeks. HOWEVER the tribunal told me the case was withdrawn with a 21 day Liberty to re-enter. this is passed so cannot do that (if the solicitor had chased the money etc within the 14 days we could have got back in to the tribunal), so the tribunal will not look at it.
I rang the solicitor and he says 'no, we can reapply' (he also still thinks we will get the money, I told him he was the only one who did). I rang the tribunal back and the nice person there confirmed what I thought - over a year has passed so we cannot make a claim again, even if we could it would take a year to get another hearing. love to see what the solicitor does with that one
to cap it all the ex employer ceased trading 2 weeks ago.
what do we do? I was going to write the solicitor a not so nice letter saying he never advised us correctly (he also told us the 'court' had given the ex employer 28 days to pay - there was no hearing so don't know what thats about) and that he never went back to the tribunal within the 21 days etc etc.
we feel like we've been given the runaround - we had a 1300 tax bill cos the ex employer never paid the tax (hence no P45) social told us no PRSI had been paid for 2005, and so it goes on.
getting very frustrated and wondering if we've been misrepresented by a solicitor who advised us to take the offer in the first place. if we'd gone to the tribunal at least it would have been legally enforcable.
sorry for the wordy post, would appreciate any feedback
hope someone here can assist as beginning to think we are being led up the garden path....
Brief rundown - partner lost job after road accident 18 months ago (3 months after accident employer said he could not afford to insure him)
went to solicitor, submitted unfair dismissal and minimum notice case to Employment appeals tribunal. Finally got a date 18 months (!) later. four days before the hearing partners solicitor called him in and said employer wanted to settle out of the tribunal. They offered 4k - not alot but we accepted on condition he received his P45 (still waiting) and that it was paid within 14 days (were desperate for the money with him being out of work due to injuries in the accident)
7 weeks later - no payment, solicitor keeps saying we will get it 'tomorrow'. I rang the tribunal myself today - the solicitor says as they have not paid he will take it back to the tribunal and we will get a date in 6 weeks. HOWEVER the tribunal told me the case was withdrawn with a 21 day Liberty to re-enter. this is passed so cannot do that (if the solicitor had chased the money etc within the 14 days we could have got back in to the tribunal), so the tribunal will not look at it.
I rang the solicitor and he says 'no, we can reapply' (he also still thinks we will get the money, I told him he was the only one who did). I rang the tribunal back and the nice person there confirmed what I thought - over a year has passed so we cannot make a claim again, even if we could it would take a year to get another hearing. love to see what the solicitor does with that one
to cap it all the ex employer ceased trading 2 weeks ago.
what do we do? I was going to write the solicitor a not so nice letter saying he never advised us correctly (he also told us the 'court' had given the ex employer 28 days to pay - there was no hearing so don't know what thats about) and that he never went back to the tribunal within the 21 days etc etc.
we feel like we've been given the runaround - we had a 1300 tax bill cos the ex employer never paid the tax (hence no P45) social told us no PRSI had been paid for 2005, and so it goes on.
getting very frustrated and wondering if we've been misrepresented by a solicitor who advised us to take the offer in the first place. if we'd gone to the tribunal at least it would have been legally enforcable.
sorry for the wordy post, would appreciate any feedback
