Workplace disputes can be stressful, and many employees are also concerned about the costs involved if they pursue legal action against their employer.
It is often assumed that bringing a claim requires expensive upfront legal fees, however there are several funding options available that may allow you to pursue an employment law claim without paying legal fees at the outset. Understanding your options can help you make an informed decision about whether to proceed with a claim and access the legal support you need.
Do I have to pay to make an employment tribunal claim?
There are currently no fees to start most employment tribunal claims in England and Wales. This means employees can bring claims relating to a range of employment matters without paying a fee to the tribunal itself. However legal representation at the tribunal does come at a cost. Many claimants therefore look for ways to access expert legal advice and representation without making large upfront payments.
Depending on the circumstances of your case, there may be several ways that Stephensons can support you to fund legal representation from one of our specialist employment law solicitors.
No win, no fee agreements
In certain types of employment disputes, we may be able to offer a damages-based agreement (DBA), more commonly referred to as a "no win, no fee" arrangement.
Under a DBA, your legal fees are linked to the outcome of your claim. If your claim is unsuccessful, you will generally not be required to pay any solicitor's fees. If your claim succeeds, we will receive a previously agreed percentage of the compensation recovered.
This option can make legal representation more easily accessible for employees who may not have the funds to pay legal fees upfront. However, not all employment claims will be suitable for a DBA, and our solicitors will assess the merits of the case before agreeing to offer this form of funding. You will also still be responsible for the costs of any disbursements i.e. third party costs such as the costs of any barrister to represent you at a tribunal hearing.
Legal expenses insurance
Many people are unaware that they may have legal expenses insurance as part of a household, motor, credit card, or trade union membership policy.
These policies can sometimes cover the cost of legal advice and representation for employment disputes. Therefore, it would be worth reviewing any insurance policies you hold to see whether employment tribunal claims are covered under them.
Private funding
Some individuals choose to fund their case privately, either through fixed-fee advice, staged payments, or hourly rate arrangements.
Obtaining early legal advice can often help establish the strengths and weaknesses of a claim and may improve the prospects of achieving a resolution without the need for a full tribunal hearing.
How Stephensons can help
Seeking legal advice early can also help to ensure that important deadlines are not missed, evidence is preserved, and the most appropriate funding option is agreed from the outset. In many cases, employees have just three months less one day from the incident or termination of employment to commence the ACAS Early Conciliation process.
At Stephensons, our specialist employment law solicitors regularly advise employees on workplace disputes and provide legal representation at the employment tribunal. We can assess the merits of your case, explain the funding options available to you, and determine whether a no win, no fee arrangement may be appropriate in your circumstances. For advice on an employment law claim, contact our employment law team today by completing our enquiry form.
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