ELAAS

I remember watching the Simpsons and seeing Homer go through the Kübler-Ross stages of grief. Unlike the normal person Homer went from denial, to anger, to bargaining, to depression and finally to acceptance in the space of about 5 seconds.

Every time I find myself on the ELAAS rota I think my client’s go through much the same stages of emotion. For those who don’t know ELAAS was set up a number of years ago to provide free representation for people in the Employment Appeal Tribunal. This very successful scheme now encompasses full hearings as well as the usual Rule 3(10) leave hearings and PHs.

Now I am not sure that this analogy works but here goes......

The client believes that because I am an experienced barrister I can waive a wand making it all better and then immediately goes into denial when I tell the client that I may not be able to fix it. The client then starts getting angry because the person who is meant to be helping them isn’t! The bargaining commences when we start talking about what I will and won’t say on their behalf (you don’t make bad points in front of the Judge). The depression follows shortly afterwards when it is finally decided what parts of the appeal I am going to deal with. Acceptance arrives as we walk in to the Court.

Is it worth it? Yes because you can make a difference (see Dell Care home v Owen UKEAT/0035/08) in particular paragraph 3 of HHJ Serota QC judgment:

“I would interpolate, at this stage, how grateful the judges and members of the Employment Appeal Tribunal are to members of ELAAS, who give up their time and provide the greatest assistance to litigants in person. I have already observed during the course of submissions, and I repeat, that but for the assistance of Mr Doughty this appeal would almost certainly never have proceeded beyond the Rule 3 stage.”

If you would like to know more about ELAAS or perhaps even sign up then contact Oscar Osigbesan at the Employment Appeal Tribunal.

Peter D

Have a good Christmas break as I have a feeling that we are all going to be very busy next year!