Thursday, 9th September 2010

Worker studies law for job claim battle

A SOUTH Shropshire father of three launched an epic David and Goliath battle by representing himself in a tribunal against building supplies firm Jewson.

Don Marsden, from Wistanstow, took Jewson to tribunal on the grounds of constructive dismissal from his job as a driver at the Craven Arms branch, where he had worked for three years.

The constructive dismal case was over an incident in October 2008.

But rather than employing the services of a professional legal adviser, Mr Marsden decided to represent himself. The decision was made for financial reasons because Mr Marsden, who has has three children under five, could not afford expensive legal fees.

Mr Marsden then set about making his case against Jewson by ordering copies of various employment laws, and ploughing through them for relevant legislation.

The tribunal finally took place in Shrewsbury over five days, ending just over two weeks ago. Some 840 documents in bundles, and statements were presented to the hearing.

Mr Marsden faced a judge, and legal experts for Jewson.

Mr Marsden said: “I have 8 CSEs, and I was an RAF air traffic controller, and worked as a controller in the Shrewsbury Police control room, but the barrister awarded me 10 out of 10 for how I did put together the case. I’d got the ability and intelligence to bring the case together.

“On the other side representating Jewson was a barrister and a solicitor. I was on my own, but I’m proud of how I did it.”

Mr Marsden  claims he upset the legal status quo by making his own case.

“I think they didn’t want this Scouser coming down and telling them the law.

“I was forceful. I was against a barrister and I couldn’t be myself. I had to detach myself and become a barrister for me. I had to cross examine and be curt, I wasn’t very nice. But I would do it again. I enjoyed it. I felt confident in what I was doing.”

The tribunal found against Mr Marsden in terms of constructive dismissal, but did uphold his other claims over public interest disclosure. He plans to appeal.

Shropshire Magazine (468)
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