Employment Tribunal, Will I Lose Out If I Win?

Lavalamp_2

Hello, I am a longtime lurker and slight poster, but I've made a new profile for this question :-)

I am an ex employee heading towards an employment tribunal and I have instructed a solicitor on a no win no fee basis, and frankly they have been pretty rubbish. They took my case on as they believed I had a '90% chance of winning', but they are so hard to pin down. I had to be totally on their case to make sure we got the application in before the fees went up. It is now about a week past the deadline my ex boss had to reply, and they still haven't told me if he's replied or not!

They've now sent me a letter saying a barrister has agreed to take my case on, but after combing through the legal jargon, it looks like unless I receive compensation of over £8,000 I won't get a penny (after their 35% and the barristers fees). If I receive compensation of £3,000 I will end up owing THEM £3,000!!

They have never previously told me we will need a barrister, I assumed they would be presenting the case themselves.

My question is, is this normal in employment tribunals?! If so, how does anyone ever receive any money?!

I am sending them back a letter asking them what they expect me to receive PERSONALLY. Can I refuse to use the barrister?

Appreciate advice from anyone who know about this!

mum2one

In theory they could present the case themselves, when I had my ET (back in 2005) I was on legal aid as it was then, the solictor did the background work, and I represented myself at the tribunal. although my ex-employer came straight in with a barrister representing themselves.

I had a barrister in the end but that was only as mine had to go to employment tribunals court of appeal in London.

If it was me I would make an appointment, and have a list of questions?

Why do they need a barrister at this stage (some ET's won't like this),

It could depend on the complex of the case?

marybelle01

It is anyone's legal right - employee or employer - to engage a lawyer. The tribunal do not give a **** whether you do or who you are. It is rubbish to suggest that some et's do not like a party having legal representation. It's a right.

OP, should you not be have checked the legal jargon before you signed up? If there was ever a 90%chance of winning, why would you have ever needed a lawyer?

claret_mike

Aren't no win no fee, usually just that unless you pull out of proceedings on a whim..

Sounds like you are not on a no win no fee - did you sign a conditional fee agreement? I would read your paperwork that you signed at the outset.

Solicitors fees in no win no fee situations changed this year I seem to recall but that was all to do with stopping the referral fees being paid and exorbitant costs being made for spurious whiplash claims etc so I wonder if that is the reason they are charging but it should all be laid out in your agreements that you signed at the outset.

harrys_dad

Why on earth would an employment tribunal need a Barrister? Does the "no won no fee" outfit not have any expertise in employment law? Has there been any contact with ACAS? Has the other party offered to settle to avoid tribunal costs? You would have been better off going to CAB (or even better your union, which I doubt you belong to) rather than sign up with a firm who may just be more interested in their fees than you.

You really do need to read the contract you signed with these solicitors, and see what you have committed to.

dancingfairy

You could dismiss them and take over yourself or appoint a solicitor/barister yourself if need be? Have a read through the contract to see if this is possible.
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Lavalamp_2

Thankyou very much for all your replies. This is what my contract says:

'We would expect the only disbursements to be travelling and subsistence expenses incurred in attending the arbitration hearing but there may be occasions depending on the nature of your case in which we shall need to incur additional expense. Examples of disbursements include:

Counsel's fees

Please note that we will seek to appoint counsel at an early stage of proceedings and should the case not proceed to a final hearing you may still remain liable for counsel's fees incurred in addition to your obligations to pay us under the terms of this Agreement.

It is always very difficult to assess out the outset of proceedings what the total cost of disbursements will be, should you win the case counsel's fees are likely to be in the region of £100 per hour for advice, and may also be subject to a success fee of up to 100%, and within 14 days before the start of a final hearing you may be liable for counsel's full costs even if your case settles before the hearing.

We shall keep you up to date whenever it becomes necessary for us to incur any disbursement.'

I was never asked if I wanted to appoint Counsel, I was just told that we now are in the recent letter. Also in the letter it says counsel's fees are now £150 ph, they have a 'brief fee' of £1250 and I will be paying 100% uplift of a win over £3,000.

I have asked them for a breakdown of what they anticipate the final costs to be, but I don't expect a reply unless I hassle them!

Am I within my rights to refuse Counsel?

claret_mike

so its not no win no fee?

Dovah_diva

I did my husband's case all on my own - and won.

jobbingmusician

I'm afraid they HAVE previously told you that they will employ a barrister - what else does 'Please note that we will seek to appoint counsel at an early stage of proceedings' mean?

The only way out of this situation I can see is to sack your solicitor - and you may already be liable for some barrister's fees if they have already instructed one.

Do you understand the legal issues on which your case is being fought? Has the solicitor given you any idea of what award you are likely to get (or your % chance of success)?

*Scarlett

Lavalamp - have you checked your home insurance policy to see if you have legal cover? This normally covers employment tribunals and will pay £50k (or more) for solicitors advise and fees.