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No win no fee employment solicitors

What is “no win no fee” in employment law? If you have a dispute at work, are considering a claim or already have a live claim at an Employment Tribunal, Stephensons can offer assistance and legal support on a no win no fee basis. 

This means that if your case is not successful (that is, you are not able to settle your claim or you do not win at an Employment Tribunal) you do not have to pay any legal fees incurred by us. Equally you do not have to pay anything upfront and as such there is minimal financial risk to you if we decide to take it forward on a no win, no fee basis.

If you do succeed or settle your claim, we will recover our fee from the settlement or compensation awarded to you.

 

Why choose us? No win no fee employment law

Our award-winning employment law and discrimination team handle cases on a national basis have successfully obtained compensation from employers when acting on a no win no fee basis through settlement and at Employment Tribunals nationally. 

We will try to settle your claim at the earliest opportunity meaning you may not even need to go to a Tribunal to obtain compensation. We will focus on getting the best outcome for you by negotiating directly or use mediation services and conciliation services such as ACAS.

The following examples highlight what we have achieved for our clients:

Case 1 - We acted on behalf of two employees who worked for a national supermarket chain and both were subjected to a campaign of homophobic abuse and discrimination.  Both employees were able to provide significant detail as to the nature and occasions on which they were subject to such discrimination which we were able to present to the tribunal. We acted for these clients on a “no win, no fee” basis meaning there were no up-front legal fees for both clients. We were able to successfully settle the claims for both individuals to compensate them for financial loss and injury to feelings for sums in excess of £15,000.

Case 2 - We acted on behalf of a client in raising a claim for constructive dismissal and disability discrimination claim arising out of a failure to make reasonable adjustments to assist her in the workplace.  We were successful in being able to reinstate an offer that had been withdrawn and increase this offer to the satisfaction of the client. We did all this on a “no win, no fee” basis with the client securing compensation without the worry of paying any fees in advance.

Case 3 - We recently assisted a client with raising a claim for unfair dismissal, after his employer had dismissed him without following any procedure or conducting a disciplinary investigation into the allegations made against him. We subsequently prepared our client for his Final Hearing at the employment tribunal and he was successful in obtaining compensation in excess of £20,000 for the loss that he had suffered as a result of his dismissal. As part of his award, our client was awarded a 25% uplift to his compensation, as the judge decided that his employer had failed to follow ACAS Code of Practice when dismissing him. Our assistance with this client’s case was funded by his legal expenses insurance, which he had access to via his home insurance policy.

Case 4 - We acted on behalf of a client in bringing a claim for unfair dismissal, as his employer had made him redundant and had failed to apply a fair scoring criteria in advance of their decision. Our client’s employer had also failed to consider any suitable alternatives to making him redundant. We were successful on our client’s behalf at the employment tribunal final hearing, and he was awarded over £30,000 in compensation for his losses. We assisted this client on a no win no fee basis which meant that he was not required to pay any fees in advance of our assistance.

Case 5 - We acted on behalf of an employee in respect of a claim for disability discrimination, including a failure to make reasonable adjustments. Due to the nature and extent of the employer’s failings, our client felt their position had become untenable and did not wish to remain in employment. We were instructed under a ‘no win no fee’ agreement to negotiate the client out of their employment under a settlement agreement. In addition to our client’s notice and holiday pay, we were able to negotiate compensation in excess of £17,000 in respect of the disability discrimination our client had been exposed to, and their loss of employment.

Case 6 - We were instructed by a client who had already presented claims for disability discrimination and victimisation to an employment tribunal but was finding it difficult to manage the case themselves. The client had been dismissed and had been unable to find work since their dismissal. In these circumstances, we were able to assist the client under a ‘no win no fee’ agreement and negotiated a settlement in excess of £14,000, despite the fact that prior to our instruction, the employer had insisted it did not wish to engage in settlement discussions.

How can we help?

We will be happy to review your case and give you confidential advice as to the merits of your claim and how much your claim may be worth. Once reviewed, we will let you know whether we can take your claim forward on a no win no fee basis.

If you wish to discuss how we can assist you on a no win no fee basis, please do not hesitate to contact us on 0161 696 6170 or alternatively you can complete an online enquiry form and a member of the team will contact you directly.

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‘No win no fee’ – frequently asked questions

What is ‘no win no fee’?

Within the employment department here at Stephensons, we offer clients help with employment tribunal claims under what is known as a ‘damages based agreement’. This is an agreement which allows us to assist you, similar to a  no win no fee basis.

A damages based agreement allows you to instruct us with regards to your employment claim, without the risk of paying any fees upfront. This means that you only ever pay anything if your claim is successful or if we secure settlement on your behalf and our fee will be taken directly from the compensation you recover.

What is covered by the agreement?

The agreement will cover our assistance throughout proceedings and/or during settlement negotiations, depending on the assistance that you require, and that we are able offer. This means that you will not be required to pay any money for our assistance upfront.

The only thing not covered under the agreement, are disbursements incurred during proceedings. We have provided some more information regarding disbursements below.

Does my case qualify for no win no fee?

We offer no win no fee assistance for a number of employment matters such as unfair dismissal, constructive dismissal, discrimination, whistleblowing and unlawful deduction of wages.

We can also assist if you are still employed by your employer and intend, or are in the process of, negotiating an exit/settlement agreement with your employer. This situation often arises where you feel that your position with your employer is untenable, and you have no other option than to leave.

Negotiating a settlement saves the time, costs and stress associated with taking your employer to a tribunal and assisting you in this way can help achieve an earlier outcome with a financial settlement guaranteed.

What do I have to pay?

If we are successful in winning your case, or if we obtain settlement on your behalf, then we will retain up to a maximum of 35% of any settlement received. This amount will only be recovered after your matter is concluded, and monies are received. The amount we take depends on the merits of your case, the risks involved and the value of your claim.

The current rate of VAT stands at 20%. However, our VAT is already included within our percentage, which means that there is no additional VAT payable to us from your settlement.

What is meant by disbursements?

As mentioned above, it is possible (although unlikely) that you may be required to pay for disbursements which we incurred as we progress your case.

Disbursements are essentially legal expenses that we may incur when we are working on your case, other than our fees.

The main example of the type of disbursement that may be incurred with tribunal proceedings would be the cost of a barrister if your case carried on to a hearing.

However, you can be assured that this is never something that we intend to incur, as we will always strive to settle any case before a final hearing goes ahead.

In the unlikely event we are required to incur any disbursements in your case, we will always let you know well in advance, to avoid any surprises.

What can be expected once I sign the agreement?

Once the agreement is signed by you and your new solicitor, you can be sure that we will continuously act in your best interests and will strive to obtain the best possible result for you, whether this be by achieving an early settlement in your case or assisting you with tribunal proceedings.

We will also ensure that we comply with our professional obligations imposed upon us by our regulator’s code of conduct.

What happens if the other party ask me to pay their legal fees or I want them to pay for mine?

This is otherwise known as a ‘costs award’. However, it is normal practice with employment tribunal proceedings for both parties to bear responsibility for their own legal fees regardless of who wins/loses, so, it is unlikely that you will be required to pay your employer’s legal costs.

What are the different ways I can sign my agreement?

When it comes to signing and returning your damages based agreement, we will accept either a physical, handwritten signature or e-sign.

Should you not have access to a printer/scanner, you can just let us know, and we will be happy to send you a copy of the agreement by post.

Who will work on my case?

After your case has been reviewed, it will be assigned to one of the specialists in the employment department. You can find details of all of our specialists and their varied experience further up the page.

What happens when I send the agreement back?

Once your signed agreement has been returned to us, your supporting documents will be reviewed by the specialists. This review will allow us to consider the strengths and weaknesses of your case, as well as allowing us to consider the value of your claim, which we would recover in compensation either by settlement or as an award (an amount of compensation decided by a judge).If you require assistance with an employment claim and you think that your case qualifies for no win no fee, you can contact our team on 0333 999 7156 and one of our specialists would be happy to help. We can handle cases on a national basis.

We understand that choosing a solicitor can sometimes be overwhelming, but you can be sure that our team of specialists will make the process as stress free as possible for you.

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