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No Win No Fee Employment Solicitors

no win no fee solicitor
Are you having problems at work? Are you thinking about suing your boss or employer? In this article we explore what employment law covers, who “no win, no fee” solicitors are, what fees are involved in making a claim, the pros and cons of making a claim and what type of cases are covered by no win, no fee employment solicitors.

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30th May 2022

Home E Employment Law Claims E No Win No Fee Employment Solicitors

When we go to work, we expect our employers or superiors to treat us with dignity and respect. This should be the case whether you are a full-time or part-time employee. Unfortunately, this is not always so, as we face discrimination and other ill-treatment at work.

When this happens, you can file a claim under the Equality Act. If you were mistreated or discriminated against at your workplace, no win no fee employment solicitors can help you seek compensation. An employment solicitor handles several issues ranging from unfair dismissal to bullying.

At Claims Bible, we work with an excellent team of legal professionals who will assess your case to determine the damages you can claim. Contact us today.

What Does Employment Law Cover?

Employment law is broad in scope and covers various subject matters relating to the workplace. Generally, employment solicitors represent public organisations, public and private sector clients, charities, and individuals.

When representing individuals, the focus is on their rights and obligations. Employment solicitors provide representation based on individual employment relationships, remuneration, employer negligence and culpability, and employee liability. The preceding are referred to contentious work issues.

Non-contentious work problems include providing advice on employment contracts and information on other employment matters. Ultimately, the type of case an employment solicitor handles depends on the issues presented to them by the client.

Who Are No Win No Fee Employment Solicitors?

No win no fee employment solicitors offer their services on a contigency or conditional basis. This payment structure was introduced in 1995 to help claimants who could not afford to pay for legal representation get one.

They agree to take your case without any upfront fee when you hire such a lawyer. This is known as a contingency or conditional fee agreement, and it is more beneficial to you than to the solicitor.

You assume no financial risks while pursuing the claim as you do not have to pay the lawyer any fees if you do not win. However, the agreement does not include legal costs, that is, money spent when pursuing a claim. That means it does not cover:

  • Court fees
  • Administrative expenses
  • Expert witness fees
  • Deposition costs, and
  • Costs of investigation and information gathering.

What Are Success Fees?

No win no fee employment solicitors get what is known as a success fee. As the name suggests, they only get this money upon successfully securing a financial settlement and for the risks they assumed when they took your case without upfront payment. However, the solicitor can only charge 25% of the compensation amount.

What Is a Legal Insurance Protection Policy?

One crucial element of a no win no fee agreement is the legal insurance protection policy, also known as After-the-Event (ATE) insurance coverage. This policy funds the claim, and your employment solicitor takes out the coverage at the beginning of your case.

The legal insurance protection policy protects you against the risk of paying the legal fees and costs incurred by the other party if you lose the case. Note that the coverage amount varies depending on the complexity of the claim. The costs covered by the policy include legal fees, court costs, and medical reports.

If your compensation claim succeeds, your solicitor will deduct the insurance premium from the settlement amount. Conversely, if the case fails, you will not pay the premium. Where you fail to take out the coverage, you will pay for the other party’s expenses and solicitor fees out-of-pocket.

During your initial consultation, your no win no fee employment solicitor will explain how the insurance works.

What Are the Pros and Cons of a No Win No Fee Agreement?

There are several advantages to entering a now win no fee agreement with your employment solicitor. First, you have access to justice irrespective of your financial situation. Second, it reduces your financial risk when filing a claim.

With this arrangement, you can focus on getting maximum compensation without worrying about lawyer fees. Also, you can start the claims process without delay.

This benefit is essential as delay often amounts to denial in cases like this, primarily due to the Statute of Limitations.

Another benefit is having your solicitor’s undivided attention on your case. Since the lawyer’s payment is contingent on winning, they will devote time and resources to it. Also, they will give you an honest assessment of your chances of success before commencing the claim process.

There are also disadvantages to the no win no fee agreement. For instance, you will pay solicitor fees if you withdraw from the case after commencing the process.

Another con is covering the defendant’s solicitor and legal costs if you lose the suit, as mentioned earlier.

Note that you would pay the solicitor’s fees if you made a fraudulent claim. This also applies if you fail to cooperate with the solicitor, affecting the case’s outcome.

What Type of Cases Does No Win No Fee Employment Solicitors Handle?

As mentioned earlier, employment solicitors handle diverse cases affecting employers and employees. Below, we discuss some of the cases handled by an employment solicitor.

Unfair Dismissal

Unfair dismissal occurs when your employer unfairly sacks you. Your sack would be deemed unfair if it happened because you:

  • Asked for flexible working conditions
  • Refused to give up your working time rights. For instance, to take rest breaks.
  • Resigned and gave the correct notice period
  • Joined a trade union
  • Took part in legal industrial action that lasted 12 weeks or less
  • Needed time off for jury service
  • Applied for maternity, paternity, and adoption leave
  • Were on any maternity, paternity, or adoption leave, you’re entitled to
  • Tried to enforce your right to receive Working Tax Credits
  • Exposed wrongdoing in the workplace
  • Were forced to retire (known as ‘compulsory retirement’)

You can file a claim for unfair dismissal if you have worked for your employer for two years or longer, whether as a full-time or part-time staff. After getting sacked unfairly, file an appeal under your employer’s dismissal and disciplinary guidelines. If the matter is not resolved, contact an employment solicitor.

The law gives you three months to make a dismissal claim. If the sack is on the grounds of race, sex, age, or disability, you can seek compensation even if you’ve worked for your employer for less than two years.

Constructive Dismissal

This is the opposite of unfair dismissal. Constructive dismissal happens when a situation or your employer’s conduct force you to leave your job against your will. The reasons for quitting your job must be severe to amount to constructive dismissal.

For instance, you can file a claim for constructive dismissal if your employer:

  • Does not pay you or suddenly demotes you for no reason
  • Forces you to accept unreasonable changes to how you work. For example, your employer asks you to work night shifts when your contract is only for daytime.
  • Allows other employees to harass or bully you.

The actions that might cause constructive dismissal may be a single incident or a series of incidents that are serious when examined together. Before taking legal action, speak to your employer to solve the dispute. But if dialogue doesn’t work, hire no win, no fee solicitors.

It is noteworthy that if you have a case for constructive dismissal, you should leave your job immediately. If you fail to do so, your employer may argue that you accepted the situation or conduct by staying, affecting your action.

Discrimination

Discrimination is unlawful under the Equality Act. Therefore, if you believe you are being discriminated against, speak with an employment solicitor. Discrimination often affects your:

  • Age
  • Sex
  • Sexual orientation
  • Religion
  • Race
  • Disability

A standard example of discrimination is receiving less pay based on your gender. It manifests as different dress codes or getting fired because of pregnancy. A no win no fee employment solicitor will advise you on your rights in such cases and help you fight to protect them.

Harassment

Workplace harassment is also illegal in the UK. Often, it goes hand-in-hand with bullying, and manifests as your colleagues or employer humiliating or intimidating you. Examples of workplace harassment are:

  • Unwanted touching
  • Verbal abuse
  • Personal questions about your race or religion
  • Other offensive comments

Will You Go to Court to Settle Your Dispute?

No. Most employment cases like personal injury claims get settled out of court. Most times, your employment solicitor will recommend mediation. Your lawyer will represent you during the negotiations and will only accept the best settlement for you.

If your employer and representatives accept your solicitor’s offer, the case closes immediately. But if they don’t, it drags on and might end up with an employment tribunal. At this point, the time would depend on the nature of your claim and the tribunal procedures.

Start the Claims Process Early!

You must adhere to strict timelines when going before the employment tribunal. If you file your claim out of time, you may not get compensation. At Claims Bible, we work with a team of legal professionals to ensure you start your case immediately and get the settlement you deserve.

Read more about specific cases such as “My Boss Called Me Fat, Can I Sue?” in our employment law blog articles. Ready to get started? Fill out our contact form and we’ll get cracking on your case.

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