I did and they said yes.
...but they have already filled the role. With it being 2 months they have managed to recruit someone new. They will consider me for other roles and had even suggested one I could do.
What are you asking questions here for? You appear to know more about the law than anyone else here. Either that, or you are asking for advice from experienced lawyers and refusing to accept the advice you have requested.
Either way, if you think you have a legal case against your previous employer (despite everything said here, your opinion appears to remain unchanged), why don’t you press on with it and see what happens?
Since you still appear to be asking for advice, this comment of yours:
“
The fees are proportionate to the size of the claim if going via the small claims route. For instance, if your claim was for £10,000 the fee would be £455 - I'm no mathematician but it seems pretty obvious to me the fee is less than the compensation in that example. If you look at the chart all fees are all less than the compensation. That shouldn't be a surprise though.“
…demonstrates that your knowledge of the law is not quite what you think it may be.
Court fees are fixed. The fees referred to above which (the poster indicated) may dwarf your claim are
your opponent’s legal fees.
And yes, if your case is tracked to the Small Claims Track (good luck with that if your case includes “future lost earnings“- how you can justify that element from the above description I cannot imagine) the general rule is that no legal costs are recoverable. But there is an exception built into the no-costs rule which covers unreasonable behaviour, and that deals primarily with conduct during proceedings, and/or vexatious or legally unjustified litigation. The rule is CPR27.14(2)g. If you bring a case which is tracked to the SCT, which a court decides had no merit, even on the SCT, under the above rule, you can still be ordered to pay your opponent’s legal fees.
On the other hand, if you issue the claim you have described, including a claim for future lost earnings, if it survives an application for summary dismissal, it is much more likely to be allocated to the Multi Track. I’ve dealt with cases in all tracks throughout my career, and Multi Track legal fees for a case defended to trial don’t generally start at less than £25,000, and for larger cases, the sky is the limit.
If you genuinely believe you have a case, consult a lawyer. If you have a claim for future lost earnings, and are successful, you’ll recover your legal fees anyway.
Spending your time here trying to convince members is not likely to advance your cause.
