Hopefully by now most of our Mumblers are aware of the support offered by local legal firm, Consilia Legal, when it comes to all things Family Law and Mediation (and know that they can enjoy a free 30 minute consultation and 10% off legal fees by quoting mumbler). But you may not realise that they’re also Employment Law specialists. In this blog, Senior Associate Andy Boyde offers some guidance if you’re contemplating bringing an employment tribunal claim, and more importantly, do you have legal expenses insurance that could fund your claim?
If you are an individual facing the prospect of lodging an employment tribunal claim, one of the first hurdles to overcome is how to fund a claim.
Your options include:
- Privately fund the claim. The downside to this is that employment tribunal costs can run into thousands of pounds and costs are much harder to recover than they are in the civil courts.
- Enter into ‘Damages Based Agreement’ (commonly referred to as ‘No win-no fee’). A damages-based agreement will require you to give up 35% of any total award that you might win with your ‘no-win, no fee’ solicitors. Further you may still be liable to privately pay for the costs of a barrister to represent you at all tribunal hearings.
- You could be a litigant in person. The tribunal is set up for the ‘man in the street’ to be able to bring a claim however the process is quite complex. Navigating the intricacies of the law can be particularly daunting so this deters many potential claimants. There is no cost to lodge a claim at the Tribunal and can be done easily online.
- Legal expenses insurance. We act for many individuals through their legal expenses’ insurance cover. Typically, insurers will direct you to their panel solicitors, however you have freedom of choice to instruct your solicitor of choice. Typical levels of indemnity are £50,000 or £100,000 of legal funding which will easily cover straightforward unfair dismissal or discrimination claims. We have acted for individuals under DAS, Direct Line, Aviva and Arc Legal policies by way of example.
In light of the above you may be wondering whether or not you have legal expenses insurance. If you own your own house or your own car you may have such protection as part of your home and contents insurance or vehicle insurance policy. Some individuals have legal expenses insurance via their bank typically if they have a credit card. It is worth checking this today and ticking the box on your insurance form when your premium is up for renewal.
Please be mindful that invariably legal expenses insurance would not cover you to go through an appeal process following dismissal or ACAS early conciliation (which is a free service anyway).
One of the attractions beyond the cost benefit of using legal expenses insurance to fund a claim is that a barrister normally is instructed at the expense of the insurer to give your claims prospects of success at an early stage and give you an indication of the potential value of your claim in terms of financial settlement.
If you would like further advice on exploring instructing Consilia via your legal expenses insurance then please do not hesitate to contact us for a free 30 minute no obligation consultation.
Disclaimer: Please note – this guidance is not intended to be taken as legal advice – for individual situations you will need to take specific legal advice.
