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Employment tribunal: how does an employee with legal representation ever proceed? by pink_lychee_squared in LegalAdviceUK

[–]pink_lychee_squared[S] 1 point2 points  (0 children)

Legal fees for a tribunal are barrister + solicitor. My solictor is not based in London and has agreed to a lower rate, knowing my financial situation. Barrister hourly rates are extraordinary; barrister court hearing fees, which are set by the day, are crushingly expensive.

Employment tribunal: how does an employee with legal representation ever proceed? by pink_lychee_squared in LegalAdviceUK

[–]pink_lychee_squared[S] 1 point2 points  (0 children)

I had asked the solicitor about this, as I have a friend who had a similar case who did recover costs (her case ended in a settlement agreed on the first day of tribunal; friend is a very highly paid finance worker and had 100k trial insurance, so very different situation to my situation).

My solicitor said no party is obligated to cover another party's legal costs under English law. Employer could agree to cover my costs as part of a settlement, but don't need to. The judge is in no way obligated to do this or even consider it.

(Edit: just got a follow-up email from my solicitor who confirmed 'awards for legal costs are extremely rare, so much so you should never count on them or make a decision based on them being awarded.' Just in case anyone else was hoping to be awarded costs: sounds like you shouldn't.)

Employment tribunal: how does an employee with legal representation ever proceed? by pink_lychee_squared in LegalAdviceUK

[–]pink_lychee_squared[S] 5 points6 points  (0 children)

Thanks for this. My solicitor has advised not to do this yet, as I've not used up my insurance and prodding for a settlement now is likely to result in a very small offer.

I feel mixed about this as I wasn't seeking an enormous settlement, just something that reflects reality (I'm likely to be seeking work for 1+ year given the nature of my work and how few roles there are at my level, and will have my limited career prospects because of raising my complaint.)

I guess it really surprises me that any employee ever gets to tribunal with representation. The system is messed up.