Your employment tribunal claim relating to your contract of employment with ……………..
What is not covered in this agreement
Any counterclaim against you.
Any appeal you make or appeal made by your opponent.
If you win the case, you pay us 33.3% of your damages plus any disbursements such as medical report fees and travel expenses.
For example, if we succeed in obtaining a settlement or Tribunal award in your case of ?10,000.00 then our fee will be ?3,333.33. There will be no other deductions from this amount.
If you lose the case, you do not pay us anything, except disbursements. Disbursements are normally paid by you in advance by means of a deposit of funds.
NB: Disbursements are payments we make on your behalf to others involved in the case. We will notify you of any disbursements incurred as we go along. We would expect the only disbursements to be travelling and subsistence expenses incurred in attending the Tribunals hearing(s) or meeting witnesses and/or medical fees.
Subject to an initial 14 day cooling off period (see clause 8 below), if you end the agreement before the case is won or lost, you are liable to pay our costs at the rate of ?100.00 per hour with letters and telephone calls charged at ?100.00 each unless they last for ten minutes or longer in which case they will be charged at the appropriate proportion of the hourly rate.
For what happens if we end the agreement before the case is won or lost, please refer to paragraph 5.
1. Our responsibilities
We must always act in your best interests in pursuing your claim for damages and obtaining for you the best possible results, subject to our duty to the tribunal. We must explain to you the risks and benefits of taking legal action; we must give you our best advice about whether to accept any offer of settlement.
2. Your responsibilities
You must give us clear instructions which allow us to do our work properly; you must not ask us to work in an improper or unreasonable way; you must not deliberately mislead us; you must co-operate with us when asked; you must go to the tribunal hearing when asked.
3. What happens if you win
If you win (which means that the case is decided in your favour, whether by a tribunal or an agreement to pay you damages) you pay us 33.3% of any damages plus any disbursements. You agree that we may receive the damages your opponent has to pay. If your opponent refuses to accept our receipt, you will pay the cheque you receive into a joint bank account in your name or ours. Out of the money you agree to let us take 33.3% of the damages plus any outstanding disbursements. You take the rest.
4. What happens if you lose
If you lose, you do not pay us anything, except our disbursements.
5. What happens when the agreement ends before the case itself ends
You can end the agreement at any time. You are then liable to pay us costs incurred up to the date you end the agreement calculated at the hourly rate mentioned above.
We can end the agreement if you do not keep to your responsibilities in paragraph 2. You are then liable to pay us our costs incurred up to the date the agreement ends calculated at the hourly rate mentioned above.
We can end the agreement if we think that you are unlikely to win and you disagree with us. You do not have to pay us anything.
We can end the agreement if you reject our opinion about making a settlement with your opponent. You are then liable to pay us our costs up to the date of the agreement ending, calculated at the above hourly rate (unless the damages you receive are 20% or more than the offer we advised you to accept in which case you do not have to pay us anything).
6. What happens after the agreement ends.
After the agreement ends we will apply to have our name removed from the record of the tribunal proceedings in which we are acting. We have the right to retain any property of yours in our possession unless any money owed to us under this agreement is paid in full.
Employment Tribunals have the power to award costs in limited circumstances under The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004. If we recover costs on your behalf, they belong to us. In other words, if you win, you will pay us 33.3% of your damages, whether or not we also recover any costs from your opponent.
If you lose and you are ordered to pay costs to your opponent then those costs will be payable by you.
8. Cooling Off Period
From the date you sign this Agreement, you will have a period of fourteen calendar days during which you may cancel it. In such circumstances, you will not be subject to any charge whatsoever. Any payment of a deposit will be refunded to you thereafter.
Following this cooling off period, you will be subject to the above conditions in clause 5.