Max Lansman specialises in employment, housing, local government, Court of Protection and child protection law. He also maintains a mixed civil law practice. To celebrate Pro Bono Week, he discusses one of his pro bono cases from the past year.
Please tell us about the pro bono work you did
Through Pro Bono Connect instructed by Work Rights Centre, I acted for a claimant, DG in her successful application for the employment tribunal to reconsider its decision on her employer’s identity.
She had acted as a litigant in person in her claim for unfair dismissal, redundancy payment, unpaid wages, holiday and notice pay after her employer had dismissed her from her job for a group of gyms.
At the first employment tribunal hearing in which she represented herself, none of the 4 respondent companies submitted a response.
However, the tribunal awarded default judgment against the first respondent - the company the group had named in DG’s contract of employment and payslips - which was in the process of being struck off.
Initially the tribunal refused to reconsider, but on appeal was ordered to do so by the Employment Appeal Tribunal.
At the reconsideration hearing, I represented DG and set out extensive evidence (prepared by the Work Rights Centre with my help) that showed to whom she reported, who instructed her about work that needed to be done and who approved it.
I argued that this evidence showed that my client was in fact employed by the second respondent, the parent company of the group.
What impact did the pro bono work have on the people and communities you worked with?
Employment Judge Butler found that it was “abundantly clear … that all of the Claimant’s work was directed by the Board of Directors of the second respondent”.
Therefore, he revoked the previous judgment against the first respondent and instead gave judgment against the second respondent.
Consequently the claimant stands a better chance of recovering damages relating to her claim.
Did your pro bono work have an impact on your professional career? If so, in what ways?
On a day-to-day basis, I advise and act in employment law cases. It’s good to use those skills to help someone who can’t afford legal representation and who otherwise would be facing a court alone.
This matter really shows the difference pro bono can make and that my involvement and that of the Work Rights Centre had a positive impact on DG.
Without us, I think she may have struggled to get the court to revoke the previous decision.
Any final comments
Giving a little of your time to pro bono advice or representation can help level the playing field for individuals in less fortunate circumstances and significantly improve access to justice.