How Do I Find an Employment Solicitor?

Say for instance you have a potential claim against an employer then the next step would be to find an employment solicitor. The Employment Tribunal system was originally designed to make employment related claims much cheaper and easier to run. Hearings were meant to be informal and procedures were designed to be straightforward. It was planned that employees would be able to represent themselves. But Employment Tribunal hearings have increasingly come to resemble formal Court hearings and the law involved in most types of claims is extremely complex and technical. As a result of this most employees will opt have professional representation.

No "Rights of Audience" are required to address an Employment Tribunal, which means that anyone can represent an employee in a tribunal hearing and can speak on behalf of the employee. However, if a representative charges a fee for his services then he must be a barrister or solicitor, or must be licensed and authorised to provide employment claims management services by the Ministry of Justice.

In most cases the question of whether or not to involve a solicitor will depend on the complexity of your claim. Such as, if a claim that a former employer has failed to pay your last month's wages may be something which you can handle yourself, but a claim for unlawful discrimination will probably require specialist legal knowledge.

If you do decide that you need legal assistance you will find that levels of service vary widely between solicitors. Some may agree to review your case, provide initial advice, complete all of the relevant paperwork and represent you at the hearing all on a "no win, no fee" basis, whereas other could charge you a fee which changes depending on which elements of the process you require assistance with. It is important that you understand exactly what level of service you will be getting, and what fees you will be asked to pay for the service.

When you are considering whether to bring a claim in the Employment Tribunal and are trying to find an employment solicitor to assist you, there are two important points about funding which you should bear in mind:

1. Legal Aid funding is not available for Employment Tribunal claims. Which means you will have to negotiate a funding arrangement with your solicitor.

2. Unlike cases which are brought via the Courts, the loser in an Employment Tribunal claim is not usually ordered to pay the winner's costs. Whilst this means that there is very little risk of you being asked to pay for your employer's solicitors if you lose, it also means that even if you win you will need to pay your own lawyer.

Many specialist employment solicitors work on a "No Win, No Fee" basis, which means that if you lose your case you will not be asked to pay your solicitor's costs. However, if you win then your lawyer will take a percentage of your compensation in payment. You will need to shop around to get the best deal and should also make sure that there are no hidden extra charges on top of the percentage of your compensation which the solicitor will receive if your case is successful.

Many people have legal expenses insurance cover under their home insurance policy. In some cases this type of cover includes the payment of legal fees in an Employment Tribunal claim, so it is always worth discussing a potential claim with your insurance provider.

Employment law is a specialist area, and it is unlikely that your local high-street solicitor will have much expertise in this area. If you are looking for a solicitor who specialises in employment law then you can contact the Law Society or search its website. Alternatively there is a large market in legally qualified "non lawyers" or non-practising lawyers acting as employment consultants and providing legal advice and representation. Some of these services may be cheaper than a solicitor.

I am a legal writer covering advice on topics of law, including employment law, for further text and similar works visit employment law or contact a solicitor today.

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