We understand that this is a worrying and stressful time for you. Making a claim to the Court or Employment Tribunal can be overwhelming and a major concern will be how to finance the legal action.
We will advise you on the best options available and explain these to you clearly and concisely.
The main options available to you are:
1. Legal Expenses Insurance
Check your home/home contents/credit card/car insurance policies to see if you have cover for legal costs to pay for employment disputes.
2. Pay privately
You pay our charges and any disbursements as they arise. This may be an agreed hourly rate or a fixed fee.
3. Civil Legal Aid
You may be able to obtain advice under the Community Legal Advice Scheme. For details, please visit their site.
4. Trade Union Representation
If you are a member of a trade union you may have the benefit of free advice and representation funded by your trade union.
5. Self Representation
You represent yourself
6. Pro bono representation (free representation)
For details visit www.barprobono.org.uk
7. Damages Based Agreements and Conditional Fee Agreements ( No Win No Fee agreements)
Damages Based Agreement
A Damages Based Agreement (DBA) is a contingency fee agreement under which we will take, as our fee, an agreed percentage of the damages or settlement monies that you receive. However, if the case does not settle and is lost, we receive no fee provided that you have complied with the terms of the agreement.
They are often used by our clients who do not have the benefit of legal expenses insurance or who are unable to fund their case privately.
Under the DBA Regulations 2010, there is a 35% maximum cap on the fee that may be deducted from the compensation received in employment tribunal claims. The 35% includes VAT, but excludes disbursements such as experts' and counsels' fees which can be charged in addition.
The percentage and the additional disbursements are subject to negotiation between us. We will inform you of the percentage that we propose and the reasons for this figure.
Conditional Fee Agreements
Under a Conditional Fee Agreement (CFA) we charge our standard hourly rate plus a success fee, payable in the event of a win, which is a percentage mark-up on those standard hourly rates. That percentage mar-up is based on an assessment of the risk of losing the case. In the event of a loss we receive no fee.
We do also offer a CFA based upon a discounted hourly rate, but this is payable regardless of the outcome. In the event of a win we will receive the balance of the hourly rate plus a success fee.
Costs in the Employment Tribunal
Employment Tribunals do not order the employer to pay costs to a successful employee unless special circumstances apply.
Employment Tribunals do not order employees to pay costs to a successful employer unless special circumstances apply.
Our Commitment to you
We will discuss the various options with you and advise the best way to fund your claim. You will then be able to make an informed choice on how you want to fund your claim.