Funding Employment Tribunal Claims

One of the most worrying and immediately noticeable results of losing your job is that your regular income comes to an end. If you believe that you have been unfairly dismissed you may be thinking about pursuing a claim for unfair dismissal but be concerned that you cannot afford legal assistance and representation because of your reduced income. This may seem like a stroke of luck for the employer but there are a number of options to assist you with funding representation by a solicitor that you may not be aware of.

Legal Expenses Cover

Many people have general household or motor insurance policies that will provide cover for legal expenses if you have an employment tribunal claim. Insurance companies may encourage you to use one of their panel solicitors but clause 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990 allows you to select a Solicitor of your choice once a claim has been issued. It is always worth checking any insurance policies that you may have and discussing cover with your choice of solicitor.

Damages Based or Contingency Agreements

This type of agreement is similar to the ‘No win No fee ‘agreements that are often used in personal injury claims in that if your claim is not successful your solicitor will not receive a payment from you. If you do recover money from your former employer then depending on the terms of the agreement, your solicitor can recover a percentage of the amount you receive of up to 35% inclusive of vat.

Trade Union Membership

If you are a trade union member then a good first port of call if you have a dispute with your employer is your union representative. Your union may be willing to represent you provided you meet their criteria.

Private Fee Basis

As well as the funding options set out above, you can instruct a solicitor on a private fee basis where costs are charged at an hourly rate or for a capped fee for an agreed stage of work. If you have a good case and early settlement of your claim is achieved this can be a cost effective way of funding a claim if you do not have alternative cover. You can also use this method at certain key stages such as issuing the claim form and then represent yourself at any hearings to keep final costs down.  

If you feel that you have been unfairly dismissed and would like to discuss your dismissal and ways in which Kidwells could assist you with a claim to the Employment Tribunal please contact info@kidwellssolicitors.co.uk or telephone us on 01432 278179.

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