Union assistance and your own lawyer
When your union does not pursue your case further
Your union is often a good first step. Sometimes you may nevertheless want an independent assessment, for example if the union does not pursue the case further or if you want a second opinion.
- An independent assessment
- You do not need to leave your union
- Free initial assessment
Your union can be a natural first step
Many unions offer their members advice and legal support in dismissal cases. This support can be valuable and is often included in membership, so it is useful to find out how your union can help.
When might an independent legal assessment be appropriate?
- your union has chosen not to pursue the case further
- you want an independent second opinion
- you want your own representative
- the issue falls outside the support included in your membership
A union declining to pursue a case does not mean it has done anything wrong. There may be many reasons for such an assessment, and a second assessment can give you a better basis for your own decision.
Can you hire your own lawyer even if you are a union member?
Yes, you choose who represents you. You should check practical matters with your union, such as how its support is affected and who pays the costs.
The deadlines continue to run
Internal discussions or waiting for a response do not normally suspend deadlines under the Employment Protection Act (LAS) or collective agreements. For some claims, deadlines are short—generally two weeks to seek a declaration of invalidity. Read more about invalid dismissal, or about what applies if your employer wants you to resign.
What should you have ready for a second opinion?
- the notice of dismissal or summary dismissal
- your employment contract
- correspondence with your employer
- correspondence or responses from your union
- any proposed settlements or negotiated exit agreements
- a timeline of what has happened
Also read about how a case is handled.
Frequently asked questions about unions and hiring your own lawyer
Can I switch from the union's lawyer to my own lawyer?
You choose who represents you. You should check with your union how a change would affect its continued support and any costs.
Can I get a second opinion without leaving my union?
Yes. Having your own lawyer provide an assessment does not mean you need to leave your union.
Who pays for my own lawyer?
It depends on the situation. Sometimes legal expenses cover under your home insurance can cover part of the cost. Costs should always be clarified before an engagement begins.
What should I do if my union says the case cannot be pursued?
Consider asking for the union's assessment in writing and asking what it is based on. You can then have your own lawyer independently assess the same information.
Should I wait for my union before taking action?
Deadlines under the Employment Protection Act (LAS) normally continue to run while you wait for a response. Keep track of the time and consider seeking an assessment early.
Can my own lawyer negotiate with my employer?
A lawyer you hire can represent you in dealings with your employer, for example in settlement discussions. What is appropriate depends on the case.
Would you like to understand where you stand?
Get a free initial assessmentSources
- Employment Protection Act (1982:80) (Swedish Parliament)
The information on this page is general and does not constitute an assessment of your individual case. Rules may change and collective agreements may contain different provisions. Contact us for an assessment of your specific situation.