Are you representing yourself at the Employment Tribunal? Do you need assistance, but you are worried about costs of seeking legal advice? This post sets out how Lincs Law Employment Solicitors can help.
Representing Yourself Throughout The Employment Tribunal Process
It has been widely reported that the number of claims which have been submitted by aggrieved employees to the Employment Tribunal has increased substantially over the last 12 months. Many of the claims brought are by employees representing themselves.
Whilst we would hope that any potential claimant at the Employment Tribunal will take legal advice before embarking on litigation, here at Lincs Law Employment Solicitors, we are aware that the cost of full representation can sometimes be prohibitive and disproportionate to the potential value of the claim. However, we are also aware that the prospect of pursuing your claim yourself can be daunting.
We therefore offer a number of ways in which we can assist employees to properly present their claims at the Employment Tribunal and give themselves the best possible chance of being successful.
Fixed Fee Consultation
As the name suggests, a Fixed Fee Consultation is a meeting at a fixed cost. At a Fixed Fee Consultation, we will take a full background from you. We will then assess what potential Employment Tribunal claims are available and their value. We will then discuss with you any time limits and what next steps need to be taken.
The above is usually helpful to our clients. Often, we are able to identify claims in the background of their situation that they were unaware of. Also, we can offer guidance about the particular type of claim they are bringing and help them to understand the relevant legislation.
Our assessment is also helpful in so far as we can usually give guidance as to the valuation of an Employment Tribunal claim. On many occasions, I have met with clients who have received an offer during the ACAS Early Conciliation process and have been told they should accept. When I have gone through the background with them and assessed the situation, we often find the compensation being offered is inadequate to settle their claims.
We do not limit the number of Fixed Fee Consultations a client can have. Many clients representing themselves at the Employment Tribunal make repeat appointments so we can review their situation and assist them throughout the Employment Tribunal process.
Our Fixed Fee Consultations start at £300 (£250 plus VAT) depending on the seniority of the Employment Solicitor you want to help you. We are told by clients that they are an invaluable and cost-effective way of helping them with their Employment Tribunal matters.
Fixed Fee Work
In addition to Fixed Fee Consultations, we can offer a fixed fee service a various points in the litigation process. If you are representing yourself, you will be required to provide documents and information in readiness for your Employment Tribunal hearing. At a minimum, you should expect to produce:-
- The Employment Tribunal Claim itself;
- A Schedule of Loss setting out the compensation you’re seeking;
- A bundle of documents for use at the hearing; and,
- A statement from you and any witnesses you have.
We would be happy to prepare all or any of the above for you at a fixed cost. The costs would, of course, depend upon the complexity of your matter and number of documents etc.
For many of our clients, this is a cost effective and sensible way of obtaining our assistance as and when they need it. However, they are still representing themselves and have complete control over how much they instruct us to do and, of course, any costs they incur.
Legal Representation At The Employment Tribunal Hearing
Some clients feel confident with the Employment Tribunal process but just want help with the advocacy at the hearing itself. For those clients, we are happy to provide options for representation at the hearing only.
We would first have to undertake a Fixed Fee Consultation (see above) to assess the claim and consider what options might be available. However, we might be able to offer:-
Fixed Cost Representation At The Employment Tribunal Hearing
This is a fixed fee to attend the Employment Tribunal with our clients and represent them at the hearing. As ever, the fixed cost will depend upon the complexity of the matter, the length of the hearing, the number of documents, the number of witnesses etc. However, once again, the cost will be fixed so you will know exactly how much our fees will be for:-
- Preparing a list of claims and issues/skeleton argument;
- All preparation for the hearing;
- Attendance at the hearing as listed by the Employment Tribunal; and,
- Written confirmation of the outcome of the hearing.
No Win, No Fee Representation At The Employment Tribunal Hearing
For some clients, we are able to offer representation at the Employment Tribunal hearing on a No Win, No Fee basis. A decision would be taken at the Fixed Fee Consultation (see above) as to whether this type of representation could be offered. However, if we were able to offer this type of arrangement, it would cover:-
- Preparing a list of claims and issues/skeleton argument;
- All preparation for the hearing;
- Attendance at the hearing as listed by the Employment Tribunal; and,
- Written confirmation of the outcome of the hearing.
Our client would not have to pay us if their claim was unsuccessful at the Employment Tribunal. However, if we were successful, we would retain a percentage of any compensation they were awarded as payment for our work. That percentage would be agreed with our client at the outset and would be reflective of the complexity of the matter, length of hearing etc.
Full Representation Through The Employment Tribunal Process
Whilst some people are happy to undertake most of the Employment Tribunal process themselves, many of our clients still want us to be on the record as their solicitor and provide full representation throughout the whole process. Realistically, there are three main funding options:-
Full Representation: Pay As You Go Funding
This is where we give an estimate for our fees at the outset and then our client pays an hourly rate for our work as we go along. The client is only charged for the work which is actually done and, therefore, if the case settles quickly this can be a very cost effective funding choice.
Conditional Fee Arrangement
This is similar to the Pay As You Go funding in that the client pays an hourly rate for our work as matters move forward. However, that rate is substantially discounted. If we are successful in achieving a settlement or Employment Tribunal award on our client’s behalf, we will also charge a success fee. The success fee is agreed with our client at the outset. If we are not successful, the client would only pay the reduced hourly rate for the work we had done. This funding option is usually best when a claim is complex or unlikely to settle quickly.
Legal Expenses Insurance
This is by far the best option for our client. If they have legal expenses cover as part of their home and contents policy, as a free benefit for a bank account or similar then they can use that cover to fund our representation. Our client’s insurers will pay for our time and representation. The client does not have to make any payment, win or lose. They also get to keep all of any settlement or Employment Tribunal award we achieve for them.
Lincs Law Employment Solicitors Can Help You
If you have started (or are thinking of starting) an Employment Tribunal claim, call us for a free, no obligation discussion on 01522 440412. We would be happy to speak to you about your circumstances and what funding options might be available to you. For more information about the Employment Tribunal process and what to expect if you are representing yourself, please visit our website at https://lincslaw.co.uk/blog/the-employment-tribunal-process/
Sally Hubbard
Managing Director, Specialist Employment Solicitor
Lincs Law Employment Solicitors, Lincoln
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