One of the advantages of having a solicitor represent you at an employment tribunal is that they are specifically trained to deal with cases in the employment tribunal on a daily basis. They are familiar with legal concepts and the arguments that can be made in defence to any claim you raise. They are fully aware of tribunal rules and procedures and also about how to maximise and get the best result they can for you in terms of maximising any compensation.
In our experience an employee will start a tribunal claim themselves but find themselves slowly bogged down with the tribunal process and legal concepts that they are not familiar with. Whilst the tribunal will very much try to assist them, we find that many employees come to us during the middle stage of the tribunal proceedings wanting assistance.By coming to us as soon as possible, we are able to seek a resolution or settlement as early as possible to avoid the stress of dealing with litigation and attending a tribunal hearing.
How much compensation will I receive?
This depends on the type of claim that you are seeking to bring. If you are seeking to bring a claim for unfair dismissal or constructive dismissal, you are generally entitled to claim for financial loss arising from the termination of your employment. The tribunal will however expect you to make efforts to find alternative employment and if you fail to do so, you will not be awarded compensation for any period which the tribunal is satisfied you have not made attempts to look for work.
In claims for discrimination and whistleblowing, the tribunal can award losses for the way the discrimination or whistleblowing has impacted upon you and/or damaged health.This compensation is known as “injury to feelings” and “injury to health” and are placed within specific bands and categories depending on the significance of the discrimination or act of whistleblowing and the impact on your health.
We are able to give you guidance and advise appropriately about the level of compensation you can reasonably expect to receive.
What are the risks in bringing my claim?
In the event you lose your claim, it is unlikely that you will face a risk of paying your opponent’s costs unless the tribunal are satisfied that you have acted vexatiously or abusively or have pursued proceedings unreasonably.
We can advise you as to what risks your claim faces and also the risk of any costs at the outset so you can make an informed decision about whether to proceed with your claim.
I am concerned about the orders the tribunal have imposed and the deadlines and I do not know how to deal with these
Generally, at the start of a claim, or at a preliminary hearing, the tribunal will set down deadlines (known as orders) for both parties to comply with certain actions to prepare for a hearing.It can often be daunting for an employee bringing their claim and deal with the orders themselves. As solicitors, we deal with orders routinely and prioritise all deadlines and ensure they are met. In instructing us, you can be assured that we will deal with these on your behalf and therefore you do not face the risk and consequences of failing to comply with the deadlines yourself.
What fees would you recover if I were to instruct you?
This depends on the funding arrangement with us.
It is worth checking any insurance policy you may have, such as a home insurance policy or a car insurance policy, as this may have what is known as legal expenses insurance cover, in place. Essentially, this means that if your claim has prospects, your insurer may cover your legal costs for raising a claim meaning that you may not have to pay a penny towards any fees.
If you do not have legal expenses insurance in place, we can offer assistance on a “no win, no fee” basis meaning that, if your case qualifies and we are happy to take it on, you do not pay us unless you win your case; that is, you succeed at an employment tribunal or settle your claim successfully.In those circumstances we would recover up to 35% of any compensation you receive as our fee.
Alternatively, we have a number of private paying options and fixed fee options which we can discuss with you.
If you are making a claim against your employer and require representation at the employment tribunal call our employment law specialists today on 0161 696 6170 to find out how we can help you. Alternatively fill in our online enquiry form and we will be in touch with you as soon as possible.
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