Your employer may have made you an offer to resolve the case, often referred to as “impartial,” with the exception of costs. The court will generally not be aware of this offer when deciding the case. In certain circumstances, the Insurance Companies (Legal Protection Insurance) Regulations 1990 guarantee your right to appoint an independent lawyer of your choice. This is often beneficial because the lawyers provided by your legal protection insurer may be overworked, inexperienced or without the necessary expertise, or geographically inaccessible (as they can be based anywhere in the UK). If you are unable to attend the hearing, inform the court and your employer as soon as possible. You must have a good reason not to participate – for example, if an illness or injury prevented you from participating. Our approach is systematic and robust. Our goal is to present your claim in the best possible and legally persuasive way to encourage the defendant (your former employer) to reach an agreement with you as soon as possible. Or if an agreement is not possible, our approach ensures maximum success before the labour court.
If, after receiving the above information, the legal protection insurer is pleased that the claim has a reasonable chance of success and that the lawsuit is proportionate, it is likely to agree to cover all reasonable legal costs and expenses. Coverage is usually available from the moment a case can be initiated, and this would be after internal proceedings (such as complaints or disciplinary measures) and after early ACAS arbitration. If you are in conflict with your employer, the necessary steps you need to take will depend on what is required of your insurer. First, you should contact your insurer for more information on legal expenses insurance. The total cost can range from several hundred pounds to much more. You should ask your legal representative to give you a clear indication of what the cost is likely to be. Before we start working, we will discuss your needs and take the time to understand the context of the case. This allows us to give you an estimate of our legal fees. At Quantrills, our lawyers specialize in handling all types of employment lawsuits. Our expertise helps us keep your overall legal fees as low as possible, while providing you with excellent service and getting the best possible outcome. We may be able to provide fixed fee offers for different phases of claims before the labour courts or for other types of work.
These fees will be tailor-made in all cases, but we have set out guidelines above on what the costs might look like. If you did not pay for legal representation at your hearing, the court may order your employer to pay an amount that covers the time you or an unpaid counsel spent preparing a case. The court will issue an order called a “preparation time order.” Insurers do not cover subsequent legal costs until they have agreed on coverage. The Labour Court orders two preliminary hearings (one to manage the case (2 hours) and another to determine employment status (2 days). The case is also subject to a three-day hearing on the merits to determine the outcome of the claims as a whole. When choosing your employment lawyer, you should verify that they have the necessary skills and experience relevant to your claim to ensure that they are an expert in their field. Your legal protection insurer will most likely refer you to their own panel of lawyers. This is because they have made arrangements with a small number of their appointed lawyers to pay a fixed rate based on the fact that they will receive a high volume of work. However, in many cases, you have the freedom of choice in this situation, especially if you are at the stage where you are ready to make or defend a claim, and we recommend that all customers review their insurance policies to see if they have “legal expenses insurance”.
If this is the case, we may be appointed as your legal representative and your insurer will pay your legal fees. Please note that it is your responsibility to check if you have coverage and, if so, to comply with the terms of a policy. In an employment court, the normal rule is that each party bears its own costs, whether it wins or loses. However, in certain circumstances, one party must contribute to the legal costs of the other`s work. Legal expenses insurance can generally be found as a benefit as part of household content insurance. Some of my clients had no idea they had this coverage because their insurer doesn`t charge for it. Other insurers can only charge a nominal fee for the benefit of between £10 and £30 per year. For this reason, the coverage can easily be overlooked. Yes. If your insurer agrees to offer you legal protection insurance for your potential claim, you have the right to choose your own lawyer.
You should discuss this with your insurer. Our client, Sally, was a social worker with over 20 years of experience who resigned during a disciplinary process that the employer conducted in a biased and inappropriate manner. Sally wanted to protect her professional reputation and get financial compensation. The employer refused to consider a settlement and it was clear from the outset that this matter would be fully heard. We therefore proceeded with the full preparation of the case, including the preparation of four testimonies. Sally was represented by a lawyer before a three-day labour court, which found that she had been unfairly and unfairly dismissed. Sally was awarded maximum compensation for her constructive wrongful dismissal and compensation for her 3-month contract termination. We also made a claim for costs and a day before the redress hearing, the case was settled and the terms of the settlement included the employer`s payment to Sally of over £14,000 + VAT on her legal fees. This contribution to costs was based on the employer trying to rely on false evidence.
The balance of Sally`s fees was then largely paid by her legal protection insurers. The court may consider your employer`s creditworthiness when issuing a notice of costs. If your claim is reasonable and you manage it appropriately, you are unlikely to be ordered to pay costs. However, if you have any doubts, it is always advisable to seek advice on the merits of your claim and the risk of having to pay a fee. If your case is heard in a full court, it can take between six and 12 months for your case to be heard, especially if it needs to be listed for more than a day or two. The availability of hearing dates is a real problem, as parties often have to wait months for their case to be heard. This is mainly due to a poorly funded and resourced Labour Court department, which currently lacks the necessary administrative and judicial resources to effectively manage the number of legal actions. Labour trials involve many different stages, and the total cost of filing or defending your claim usually depends on the legal issues, the number of witnesses, and the length of the last hearing. One of the most common ways to fund a labour court lawsuit is to use a so-called “legal expenses insurance”. If you have legal expenses insurance, this may mean that all your legal fees are covered from the moment a claim is issued. This type of cover is therefore a real advantage and can save clients thousands of pounds on the cost of labour court proceedings.
We played for Peter, who is gay. He had been overlooked for a major promotion, and he felt it was because his manager was consciously or unconsciously biased against him. We helped Peter draft and file a detailed complaint. The outcome of the employer`s investigation and complaint fell far short of expectations and Peter decided to sue for discrimination.