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Living dangerously: Diary of an ABS professional, Week 11

15 February 2008

ABS Dude

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.

Comments (11)

Most employers know employees don't actually want to go to court either, so they are likely to short change you with £30-60k.

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Comments (11)

  • I don't agree that lawyers are unuseful. Maybe in this case there was nothing to do...

    but I know a lot of cases were people very easily got 100K from US investment bank.

    the point is that you have to sue your employer before you are made redundant, otherwise all you say is not credible anymore...
    always collect evidences of humiliation, irritation, exclusion, harrassement, and at the end I will ask my bank to pay the bill...

    but if you want to succed, you have to move first, and sue the company when you are still employed... so they will offer you the money to leave the firm...
    it works like this: your lawyer calls HR when you are still employed,and they quickly make an offer to save the firm reputation...

    ma, US top tier bank 15 Feb 2008

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  • Interesting thats theres no category for entrepreneurs. The few lines that youve written shows why youve been culled...a public sector woker at heart, like most worker ant traders. Im sure you wont get this, so good luck with the redundancy.

    free radical 15 Feb 2008

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  • It is all very simple: the only optimal strategy is always to sue the former employer. The legal bills are capped (or they should be) and because you are fired, just take the honour to sue your ex-employer for the sake of it! Limited downside, pretty interesting upside, plus moral satisfaction.

    CDO Hero 15 Feb 2008

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  • There is a lot of bullying and discrimination at even banks which have the best reputation. I think most people who get payouts do really deserve it. While the employer is paying you off to protect their reputation, what people overlook is the damage these issues cause to employees long after they have left the company. Many bankers suffer from depression, have nervous breakdowns or feel suicidal because of the harassment they face at work. The £100k settlement to keep you quiet may help lessen your financial concerns, but it takes a lot of support to get your life back after dealing with so much abuse at work. Even if you have a strong case, many employers do add insult to injury by playing down what you've been through. Don't expect any support from HR. If you've been treated badly by your employer you are entitled to all you can get!

    Anon, Swiss Bank 15 Feb 2008

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  • MA from the US bank gives good advice. But it's not usually that easy. Most employers know employees don't actually want to go to court either, so they are likely to short change you with £30-60k. It only tends to be cases where there is a real prospect of success where you can get a big payout related to the severity of the damage you've suffered

    Anon, European Bank 15 Feb 2008

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  • All banks are risk adverse when it comes to their reputation. However, US banks are more legally aware, they are more likely to follow fair procedure and settle any potential litigation. European culture is less litigatious and European banks are often less aware of the legal procedures they should be following under employment law. You may actually have to go to court to get any damages from a European. No doubt soon after any potential scandal they will spend a lot of money marketing themselves as a great place to work etc. Considering the number of cases which do go to court, it can't be that easy getting a pay out unless you have a very sound case

    Undisclosed, Swiss Bank 16 Feb 2008

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  • 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.

    innocent bystander 19 Feb 2008

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  • 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.

    anon 22 Feb 2008

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  • 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

    Undisclosed, also at a Swiss Bank 22 Feb 2008

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  • 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

    Anon, US bank 12 Mar 2008

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