Please note that Humane Resources is not taking on new claims management clients. The information below is only meant for existing clients.
As a last resort in an employment dispute, Humane Resources can represent parties in employment tribunals in England, Wales and Scotland. Outcomes achieved to date are broadly in line with national statistics, although average compensation obtained for clients to date (£13181) is higher than the national average (£7959 for unfair dismissal in 2008-2009). The majority of cases taken to date include whistleblowing, constructive dismissal and unfair dismissal.
What's involved
Employment Tribunals require parties or their representatives to follow a protocol that includes observing a set of rules, appearing at case management discussions, reviews and hearings, and presenting cases in an orderly fashion, sometimes as guided by the tribunal. Tribunals are interested in establishing whether claimants have a particular right and, if so, whether it has been breached, and if so, what remedy to order. Preparation of cases involves correspondence with the other party, the tribunal and sometimes ACAS. Humane Resources owner Adrian Melia is familiar with the processes and actions required, and has represented parties in tribunals around the United Kingdom.
It is helpful for a party to engage a representative because the party might have a hundred things to talk about, but the tribunal is only going to be interested in ten of them. Part of the representative's role is to pare down the party's experience and present just those elements that the tribunal has jurisdiction to determine. A representative is emotionally detached from the events, which makes the paring down exercise relatively easy.
The process of preparing for an employment tribunal hearing can be stressful and is usually drawn out over a long period. For most claimants and for small firms, it is something they have not one before, and they have to learn as they go along. Without help, and bearing in mind what's at stake, this can be quite scary. A representative or reliable advisor can be a real asset.
Results
Adrian Melia is not legally trained or qualified. However, there is nothing about the results to date to suggest that Humane Resources is any less able to achieve reasonable results than a legally qualified practitioner. Below is a fair assessment of cases between 2007 and 2010 where Humane Resources was or remains on record with an Employment Tribunal. (Note that the representation service was provided on a part time basis until February 2010 when it became full time.) These figures do not include cases where Humane Resources provides ad hoc advice to parties presenting their own cases at tribunals.
- 17 cases ended in settlement in favour of the client, without being determined by a tribunal
- 5 cases were determined by a tribunal or appeal tribunal in the client's favour
- 1 case is awaiting a result from an employment tribunal
- 1 case is awaiting a result from the Employment Appeal Tribunal
- 4 cases were determined by a tribunal not in the client's favour, three of which were appealled to the EAT. One appeal failed, another was successful and the third is awaiting an outcome.
- In one case the client withdrew the claim for personal reasons
- 4 cases are ongoing
- In 3 cases clients chose a different representative after deciding not to accept HRL's advice
- Compensation obtained for clients to date exceeds £367000, and one reinstatement.[see footnote]
- Costs have never been awarded against HRL
- HRL obtained one wasted costs order against a firm of solicitors.
While this overview may appear somewhat bland, providing greater detail would risk breaching client confidentiality.
There are some differences between using Humane Resources and having "legal representation", affecting confidentiality of advice given, costs awards and the cost of services rendered.
Advice given to clients is not subject to "legal privilege" in the way that a solicitor's advice is subject to blanket protection from disclosure. However, it is subject to "litigation privilege", which means that so long as the advice is given after a client has contemplated legal action, an opponent or tribunal cannot order disclosure of the advice provided by Humane Resources.
In rare cases Employment Tribunals can order one party to pay the costs of the other party. If the receiving party is legally represented (by a solicitor or barrister), the paying party can be ordered to pay the actual costs incurred, including the costs of attending the hearing. Where the receiving party is represented by anybody else (such as an employment consultant), the costs are restricted to "preparation time", and not the cost of attending the hearing. Regulations cap the hourly rate payable for preparation time, currently to £30 per hour.
Solicitors typically charge fees between £100 and £250 per hour. Humane Resources charges just £40 per hour.
Footnote: Calculation of the compensation that can be obtained for a specific client begins with understanding what the client has lost as a consequence of the matter being complained of. Amounts obtained for other clients do not relate to the amounts that could be obtained for future clients.