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Living dangerously: Diary of an ABS professional, Week 11

Mr ABS discovers that the murky field of employment law is surprisingly lucrative.

This week I had the unpleasant experience of opening the bill from the law firm I consulted after I was made redundant.

The lawyer I consulted was with a boutique law firm and charged a whopping 400 an hour. He had been recommended by a structured finance partner from a magic circle law firm, who made enquiries for me among his employment colleagues - and they may have had a vested interest in recommending their expensive mate.

I had one meeting with this employment lawyer, and it took just one hour to go through the circumstances surrounding my redundancy. At that stage he told me that the best I could hope for for unfair dismissal was 60k, and that if I found a job shortly after my redundancy this would dramatically reduce the size of the potential award.

At the time I thought I was fairly employable, but that was before the structured finance market deteriorated like a Cialis-deprived octogenarian. It was also before I had realised that my interview skills were rusty to the point where I could blow my chances of being regarded as a serious candidate in less time than it takes to say "I will never work again."

The other nugget of valuable information the employment lawyer provided me with was that one does not recover legal costs in an unfair dismissal procedure - even you win.

To everyone who might be chopped, these are the only two pieces of valuable information that an employment lawyer is going to provide you with. As imparting this information takes only 35 seconds, the lawyer I saw waited for me to spend 55 minutes recounting why I was there. A minute or so later I was out of his flashy office, where each inhalation cost me 80p, including VAT.

The sorry story didn't end there. Five days later the lawyer sent me an e-mail to remind me to send him my employment contract so that he could see whether my notice period could be paid without income tax. I told him at the time that though I had little trust left in the bank, HR was after all in the business of hiring and firing, and if there was any opportunity for them to do it in a tax-efficient way they would surely have done it; I was not sure that there was any value to be added by him in this respect. A few weeks later, he again mentioned that I should send him my employment contract.

God, what a beginner I am! In the end, I did send him my employment contract. In return I received an unintelligible letter, which he probably drafted with his loo brush. As a result, the bill now facing me is more than three times what I would have had to pay if I had resisted his fishing technique.

To add insult to injury, I have to pay VAT even though no value was added. This is very expensive for the hour of verbal massage and the piece of loo roll he sent me.

Oh ye redundant ones, beware.

On the positive front, my strip club lead of last week is firming up; by the sound of things it will not be an amazing role, but if it works it will at least keep me away from home for a few weeks. I am glad to have always been objective with investors about the quality of the paper I sold.

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AUTHORABS Dude Insider Comment
  • An
    Anon
    18 March 2008

    Anon, US bank, Investment Banking / M & A - is correct, this happened to me. Fortunately, my smart lawyer told me to make a clandestine recording. The lovely dr not only wrecked my former employees case against me but he also landed himself in a bit of bother with the GMC...I walked out with a low six figure payout. Always get a Good lawyer on board asap..and good doesnt mean expensive..some well known firms will suck 20k out of you Just to get you through the grievance process! Let alone make it to a tribunal/court.

  • An
    Anon, US bank
    12 March 2008

    My advice is to be very careful talking to company doctors if you have a grievance against your employer. There is a clear risk of bias and they may be more willing to misquote you or invent comments to undermine you. When there are huge sums at stake for your employer, third parties are often willing to sacrifice medical ethics to protect their contract with the bank

  • Un
    Undisclosed, also at a Swiss B
    22 February 2008

    I've been getting bullied at work by my manager for a while. My advice is always submit a grievance to protect your own position, otherwise this can be held against you if you are subsequently dismissed. Quite often companies will try to exit the employee who is bullied especially if they are junior. Even in companies with supposedly good reputations, you will find they do fight dirty despite their duty of care to you as an employee. Always make your own meeting notes and don't trust your employer to give a fair and accurate account of events in their notes - sometimes their lawyers may try to drop in comments which undermine your case eg claiming you made certain comments which you did not. It is also useful to submit a Subject Access Request to find what documents/correspondence the company holds on you. You may find confidential emails you've sent to HR have been forwarded to the manager you've been bullied by, with very negative and unsupportive comments. Once you've seen these documents you view your employer in a very different way. Sometimes you feel so strongly you do see a public interest in taking them to court to make them take employment law more seriously

  • an
    anon
    22 February 2008

    my two cents...i was bullied and harassed at a US bank. If you want to get payment you have to move first. Firstly long before you leave make sure you have legal insurance, you can get 50k to 100k on your home insurance. Then make notes, keep a diary. Finally submit a grievance Before they tank you. Grievance procedure will make a banana republic proud..however, then you can resign and get your legal insurance lawyer involved. Legal insurance wont cover a 400/hr lawyer but it will half that...or you could get a younger cheaper smart lawyer where the insurance covers their entire fee. Then you just sit there, (you still get stressed) and wait for the cheque to appear. You do need a lawyer to guide you through the grievance procedure...however think outside London. There are lawyers in the West country who are just as good, but dont have to pay London rent...result, the fees for a senior partner are 100 - 150 /hr cheaper. Trust me, even 50/hr cheaper adds up.
    Good luck. I'm all for firing weak performers, but people who bully juniors due to their own poor performance need to be taken to Court and ripped apart. Legal insurance will give you the upper cap fee to do this.

  • in
    innocent bystander
    19 February 2008

    Christ! at 80p/breath you only inhaled every 7 seconds.

    If I was in the office of some muppet charging almost $1k/hour, I would be hyperventilating and make those breaths far more cost effective.

    Congrats on avoiding a coronary.

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