How to instruct us - Paying for your case

In Employment Tribunals costs are rarely awarded in your favour even if you win so you will have to fund the cost of the case.

This page is intended to give you some information about how you may fund your case.

Legal Expenses Insurance
You should check to see if you might have legal expenses insurance. This might be an additional benefit (even if you are not aware of it) of some other insurance which you hold (e.g. contents or car insurance) or of your mortgage or credit card or AA membership. If you have insurance and wish to take legal action (as opposed to looking for advice only) you are entitled to choose your lawyer. In some cases it is an offence for the insurer not to allow you to choose your lawyer. The Regulations which confirm an individual’s right to choose their own lawyer are the Insurance Companies (Legal Expenses Insurance) Regulations S.I. 1990/1159.

It is important to note that, even if you have insurance, the primary responsibility for paying our costs lies with you. However, in practice we will bill your insurer and they will pay us direct. If they refuse to pay the full bill, or the costs exceed the reserve (usually £25,000 or £50,000), we may have to look to you for the difference. We will, of course, warn you if we are reaching the reserve.

You would also have the right in those circumstances to the normal checks imposed on solicitors to assist clients in ensuring that bills are fairly charged.

If you receive the support of an outside funder, please bear in mind that they have not given you a blank cheque, and that we will have to keep them informed about the progress of the case. They reserve the right to withdraw support from you if advised that your case is not strong enough to warrant support, or if you have been offered an appropriate amount to settle.

Palmer Wade can provide more information about legal expenses insurance if you are having difficulty getting insurance cover in place so that we can act for you.

Trade Unions

If you are a member of a Trade Union, you should ask your union to support you in bringing your case. It may be that your union will offer you representation by a Trade Union official, or by one of the union’s own lawyers. You can ask the Union to pay the costs of representation by your own lawyers.

The Commissions

In cases of discrimination, you may be able to obtain legal support from the Commission for Racial Equality, the Equal Opportunities Commission or the Disability Rights Commission. Over the next few years the commissions will come together to form the Commission for Equality and Human Rights. They also provide free advice. The usual practice of the CRE is to offer the support of one of their own staff rather than through outside lawyers, whereas the EOC may offer to pay for a solicitor in important or strategic cases. This firm does work for the EOC and the DRC. The Commissions have very limited resources and receive many more requests for help than they can cope with. We can sometimes assist an application for funding by writing in support.

Public Funding by Legal Services Commission
Palmer Wade does not have a franchise to do publicly funded Legal Services Commission work because there is only limited public funding for Tribunal work. The Legal Services Commission does not pay the costs of representation at Tribunal hearings. However, public funding, which is subject to a strict means test, covers some of the costs of preparation of a case. If you think you might be eligible for public funding, you may wish to consult a solicitor who is able to do such work. You can get details from the Law Society. For more information, see the Community Legal Services website (www.clsdirect.org.uk)

Free advice from a voluntary organisation
Alternatively, you can get free advice from a Law Centre, a Citizens' Advice Bureau or other advice agency. Both the Law Centre’s Federation (www.lawcentres.org.uk) and National Association of Citizens' Advice Bureaux (www.citizensadvice.org.uk) have websites where you can see whether there is a Law Centre or CAB near you. Some agencies have more expertise in Employment law than others and also many are restricted to advising people within their particular catchment area. It is worth asking to see somebody there who does have employment expertise. Working Families (www.workingfamilies.org.uk) also run an advice line.

No win, no fee
Palmer Wade rarely takes on cases on a no win, no fee basis.

February 2007