Hi just wanted to get some basics on ET fees and claiming back costs if successful. I understand that you can claim back tribunal fees from ex employer but...can you also claim back solicitors fees from an ex employer if you win an ET?

Might not get to that point but we need to know.

Thank you.

Hi

I have just had a meeting with my solicitor around the same. The fee's to go to ET are approx 1,600 and have been informed could cost up to 20k and a year!. If you win your fee's are covered. Luckily I have it covered on my house insurance.

Hope that helps

I believe we will get full or part fee remission for the actual Tribunal costs for issue and hearing.....its just the claiming back of solicitor fees that we need to ascertain- whether they can definitely be claimed back for after a win, along with the Tribunal fees.

Thank you very much.....should never have to come to this, its ridiculous to have to fight for what you are entitled to.

I hope it's not an et for redundancy, waste of money. If its something else small claims may be cheaper and faster?

I believe we will get full or part fee remission for the actual Tribunal costs for issue and hearing.....its just the claiming back of solicitor fees that we need to ascertain- whether they can definitely be claimed back for after a win, along with the Tribunal fees.

Thank you very much.....should never have to come to this, its ridiculous to have to fight for what you are entitled to.

No, unfortunately they can't.

Costs are awarded in less than 2% of cases where the opposition has behaved vexatiously, obstructively, disruptively etc when conducting proceedings. There has to be fairly serious poor behaviour to warrant a costs order, and even then it's rare that full costs would be awarded. You certainly can't rely on getting the legal fees back.

I hope it's not an et for redundancy, waste of money. If its something else small claims may be cheaper and faster?

No, it's not redundancy.. We've accepted that my husband is not entitled.

It's for non payment of holiday pay....and possibly something to do with them saying it was included as 'rolled up' pay.

Acas have said they help with early conciliation but we don't know what will happen.... They were adamant that his holiday pay was included in his hourly rate... Which is total codswallop.

Didn't realise small claims may be an option.... Will see what happens this week,then possibly speak back with acas on Monday.

Thanks

start by sending the employer this leaflet which mentions rolled up pay

http://www.acas.org.uk/media/pdf/p/4/Holidays-and-Holiday-Pay-accessible-version.pdf

They may see the error of their ways before it gets much further

He's already told them it's unlawful etc....and that they can't say he's not entitled to it simply because he had a zero hour contract.

Just awaiting their decision... Which won't be soon...he's still waiting on his normal contractual holiday pay which is already ten days overdue.... And they didn't like it when he asked for that either....it's as if they think he's being unreasonable by telling them he wants it...as if how dare he complain that it's late.

Thanks a lot Emmzi...

This too shall pass. at least he has a new employer!

Small claims is an option for holiday pay. In most cases the court fees at small claims will be cheaper than the new Employment Tribunal fees. The rules on legal costs are the same, i.e. you will get court fees back if successful but costs will only be awarded in a small number of cases where the other side has behaved particularly unreasonably.