Sources of advice and support with representation in the Employment Tribunal
This page is addressed to a parent or carer who is looking at our advice pages and who is trying to find an adviser or representative for an Employment Tribunal case. Equally, the information below may be useful for a generalist adviser who is looking for specialist advice or representation for a client.
This page is intended to give you some information about (a) how you might fund your case, and (b) how to find the right adviser or representative.
Please note that since 26 July 2017 it is no longer necessary to pay a fee to bring a claim in Employment Tribunals.
Bringing a claim in the Employment Tribunal can be a complex, stressful and lengthy process, particularly if your claim involves allegations of discrimination, or if there are lots of different allegations and/or legal issues.
If you can find someone who is qualified and experienced in employment law to represent you at the Employment Tribunal, this will help you secure the best result possible in the circumstances.
It may be a good investment to find and pay for a specialist lawyer from private practice who can give you the benefit of their expertise and experience, assess your case at an early stage, and advise you as to what the best course of action is. Having an advisor or representative can also be very beneficial in taking some of the pressure off you. The Legal 500 sets out the highest ranking firms for your local area, although you will need to speak to the solicitor to find out what their fees are likely to be. You can ask for a limited amount of support with a specific or discreet element of your claim and ask for a fixed fee for the work, e.g. drafting your ET1 (employment tribunal claim form). You do not need to commit to advice and representation for the whole claim.
We recognise that private legal advice can be expensive, and difficult to find in some cases, and will be beyond the means of many people. We also recognise that some areas of the UK have very limited access to organisations which can offer increased access to justice with free advice, such as Law Centres.
The Employment Tribunal system was set up on the basis that employers and employees could use it without formal representation. Employment tribunals were intended to be an informal place to resolve employment disputes, and to be accessible for both employees and employers.
Employment litigation has become more complex and particularly with pregnancy and maternity rights can involve complex legal issues. Whilst having legal representation will therefore help you navigate the process, the funding for legal representation has reduced over recent years. Many claimants therefore act on their own behalf.
Below we set out some potential sources of advice, funding and support.
1. Free advice from Working Families
You can get lots of advice and information from the Working Families’ website. We specialise in family friendly rights, including some aspects of discrimination law which relate to pregnancy, maternity and flexible working.
In addition to our webpages, we have a free advice helpline 0300 012 0312 where you can speak directly to a rights advisor, explain your situation, and ask questions about your rights at work.
You can also contact us by using our advice contact form and we will respond with our written advice on your situation, and suggested next steps.
In some cases, Working Families can work with you to help find support with mediation, and/or to reach a legally binding settlement, with the support of expert employment lawyers.
2. Legal expenses insurance
You should check to see if you already have legal expenses insurance. This might be an additional benefit (even if you are not aware of it) of your home contents insurance policy.
Other types of insurance policy which may include legal expenses cover can include:
- Car insurance policy;
- Credit card insurance via your bank or provider;
- Mortgage insurance via your bank or provider; or
- AA membership.
Policy holders are often not aware that their insurance includes cover for legal expenses, so check all of your policies.
If you have insurance, you are normally 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 essential to find a legal adviser who understands employment law, and maternity and family friendly rights. We suggest you consult a legal directory such as The Legal 500, or that you look at the adviser’s website or do other research, to find out if they have the experience required to take on your case.
3. Free advice from a voluntary organisation
Other sources of help include Law Centres, Citizens Advice Bureaux or other advice agencies. Both the Law Centres Federation and Citizens Advice 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 many are restricted to advising people within their particular catchment area. It is worth asking to see somebody there who has employment law expertise.
The charity Law Works may be able to offer free mediation or casework.
There are some organisations which may be able to arrange for you to be represented at the final hearing. In order to obtain help from these organisations, you will need to be referred by either an advice agency or a solicitor. If you want to find free representation, you should try to find someone to represent you as soon as the Employment Tribunal has given you a hearing date(s) – don’t leave looking for a representative until close to the hearing date, as you will be very unlikely to find anyone who can step in at the last minute.
Here is some further information which you may find helpful in finding a representative for an Employment Tribunal hearing:
National pro bono centre
4. The Equality and Human Rights Commission & EASS
You may be able to obtain legal support from the Equality and Human Rights Commission (EHRC) in cases of discrimination. EHRC provides free information, advice and support through the Equality Advisory and Support Service (EASS), which has a free helpline.
5. Legal Aid
Legal Aid funding is only available for employment cases involving discrimination.
To get Legal Aid, you will need to pass both a merits test (that the case has prospects of success) and a means test (a review of your financial circumstances).
To pass the means test, you will need to confirm your gross monthly income (or combined income if you have a partner), your net income (after tax, housing and other costs, and any savings or assets which you have – for example, if you own your home. Some Law Centres have employment caseworkers who can advise you on the merits of your case, and who can do the means test with you.
Check your eligibility for Legal Aid online.
6. 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. Sometimes a trade union will agree to pay for a lawyer of your own choosing.
7. Professional associations
Some professionals such as doctors or lawyers will have a professional association which may be able to offer employment law advice to their members.
8. Employment Tribunal Customer Contact Centre
The Employment (and Tax) Tribunal Customer Contact Centre can provide answers to some questions, for example it can explain how the Employment Tribunal system works. The phone number is: 0300 123 1024 and will normally be free of charge if you have a phone package that includes free calls to UK landlines.
This service cannot give you legal advice.
9. No win, no fee legal advice
Some solicitors firms will offer assistance on a “no win no fee” basis. In employment cases, this is likely to be the case only where the lawyer believes that you have a strong claim, and that you are likely to recover sufficient compensation to cover the costs of the legal assistance.
10. Paying for advice yourself
If you are able to afford to do this, we suggest that you instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum.
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.