Probably the main deterrent why employees who feel they have been treated unfairly in their workplace is because of the fear of the high costs of hiring employment solicitors. Whether it is through discrimination, unfair dismissal, redundancy issues, harassment, personal injury or other work-related issues, employees seeking justice simply feel they cannot afford to get the expert advice needed for them to bring their case properly to a tribunal.
Fortunately, because of the many developments brought about by the various employment cases and claims through the years, employment law has come up with ways to help employees who want to bring up their cases or grievances but simply cannot afford the costs of getting expert help. It’s called the no win, no fee agreement.
Under a no win, no fee claims agreement, you will only get charged by your solicitor in the event that you win your case. Also called a conditional fee agreement (CFA), this arrangement is basically a no-risk payment basis wherein you are free from the costs incurred during tribunal hearings should you lose the case. Today this arrangement has become so popular that you basically only pay your solicitor fees if you win.
The no win, no fee claims arrangement came about in 1998 when the government ceased funding the Legal Aid Scheme due to the increasing costs being incurred when people applying for aid in funding their legal costs.
According to the law, in the event that your case is successful, your solicitor is allowed to take his or her fees at the expense of your losing opponent. While this of course is beneficial to you if you do win, on the other hand, you have to bear in mind that should you lose your case, you might expect to pay for not only your solicitor’s fees but the court fees as well.
The good thing about this arrangement is that should your solicitor decide to take on your case and agree to a no win, no fee payment scheme, then he or she should pretty much be confident that the outcome of the case would be to your favor. Most good solicitors and employment law firms will agree to a conditional fee agreement as guarantee that the can handle your case successfully.
The obviously positive side to the no win, no fee arrangement is that you do not have to pay for your solicitor’s fees. Most importantly, in the event that you do win, you get to enjoy the full amount or 100% of your claims and entitlements without worrying that what you did win in court will only end up being handed over to your solicitors as their fees.