Employment Tribunal Question

[GlasweJen]

I read somewhere that you can't get legal aid for an employment tribunal is this true? if so how on earth are you supposed to pay for legal costs of one? If it's relevant i live in Scotland, am not part of a trade union and I don't have legal in my home insurance.

[Weird Al Yankovic]

I read somewhere that you can't get legal aid for an employment tribunal is this true? if so how on earth are you supposed to pay for legal costs of one? If it's relevant i live in Scotland, am not part of a trade union and I don't have legal in my home insurance.

 

You can only get representaion in very limited situations via legal aid.

 

Check through your home insurance again, even if you have no legal expenses cover, this is an add on, most policies will show that an employment dispute is covered as standard.

 

If some authority has an interest in your case then they may offer to help though it depends what your complaint/s are.

 

There are no legal costs to bring a claim to a tribunal.

 

You should be able to represent yourself and put your case across-it's not daunting.

[GlasweJen]

fair enough then, i don't really need legal help, they're blatantly flouting the law anyway

[Weird Al Yankovic]

fair enough then, i don't really need legal help, they're blatantly flouting the law anyway

 

They will lie. Go through everything carefully to expose that fact.

I'm just doing it now with my claim.

[GlasweJen]

well i'm not going to say too much in case someone is reading this but at a meeting on wednesday i was promised a letter with everything we discussed on it and i am hoping beyond hope they'll write down the drivel about being exempt from the law because that would seal my case completely.

[mortlake]

I read that the Scottish Legal Aid Board now funds the most complex cases by people with least money - unlike the legal aid board in England. I only saw a government press release on Google and it quoted a small budget, so probably hardly anyone qualifies.

 

No-Win No-Fee employment lawyers are allowed to charge the other side a small extra cut on top of your winnings, maybe enough to let them spend a small amount of time on an open-and-shut case if you've done the work, they're close to the tribunal, and you've approached them directly, but, as you said nearer the top of the thread, that's not when you need a lawyer! Maybe it's a way of negotiating, though. You could say: "if you keep it simple and straightforward I won't need a no win no fee lawyer and that will save you a percentage if you loose".

[Nathan7112002]

You can apply to the Tribunal for a Cost Order to cover legal fees up to £10,000 HOWEVER the person/company must have acted unreasonobily, therefore it is very difficult to claim!!! You don't need legal representation if you don't have to; however it depends on the case.

 

A family member has just won a case of direct discrimination * 6 counts, harrasment and failure to follow statutory procedure; due to the complexaties we retained a soliciter and a barrister to represent her. The legan bill is currently up at £15,000 and rising.......companies delay so that is costs you more!!

 

We have put in a cost order for 10,000; otherwise we are stuck with the legal bill! But is should be a substancial pay award!

 

You can pursue a case for your legal costs through the magastrates court, only if you win.......The employment tribunal has no power to collect on any order, therefore you can approach the magistrate for an enforcement order; so you can send in the bailiffs if they fail to pay out!!!

[mcgu6240]

Hi try the govan law centre in Glasgow they may help. Also if you go down the no win no fee solicitor route do your homework. Our union uses Thompsons solicitors in Glasgow (Bath St) I think so they are well versed in employment law and do 'no win no fee' business. The first 30 minutes phone consultation is usually free. Good luck with it.

[mortlake]

That's interesting to know. The same threat that hangs-over claimants when a tired tribunal judge says "you could appeal but there is a risk of costs being found against you", meaning "go away: I can't be bothered to do my job".

 

I meant something different about lawyer's costs. Tribunals are allowed to think what they would have awarded, and then add something like 20% for the lawyer. It's a figure agreed by the law society. That's how no-win-no-fee lawyers can advertise "you get 100% of the claim", which wouldn't make sense otherwise, nor the firm that does lucrative road traffic accidents called something like "RTA 110%" which will pay 110% of what the court awards in a traffic accident case. I'm digressing because traffic accident cases aren't held in tribunals but it's the same system.