Legal Expenses

[Namechanged75]

I think I am going to need to instruct a lawyer for help with an employment issue (I have been dismissed from work). My insurance does cover legal expenses. I called the helpline and they advised that you can only make a claim once it becomes a court hearing (or in my case an Employment Tribunal).

I would like , if possible, to get legal advice on my chances of success before going to an ET which I understand I would need to pay for privately . I have informally approached several of the big solicitors but as soon as I have mentioned legal expenses they have become less keen on being involved in the case - today ,for example, one said the complexities of the case mean it is unlikely to be one they could accept for legal expenses. They said it would be likely to cost between £60-80k to take through an ET and they would expect for me to pay privately. Is this normal?

Are there any good employment solicitors that will take some of the payment through legal expenses (the rest to be topped up by me privately) or do they all want full funding privately? Grateful for your advice I just have no clue about how to find a good solicitor nor about fees/insurance etc. Thank you.

@Namechanged75 your insurance legal expense cover might be ‘free’ but only if you follow their procedures and advice to the letter. Else you may be liable for fees thus far you have not been in control of. This Includes accepting an offer you may not feel happy with. Can you share a little of what the issue is? Have you been dismissed or think you are about to be? Are you in England? (Advice may be different for other areas of the UK. Are you in a union that could help? Or join one? There are many HR advisors on the employment board that could provide some help or reassurance and as you are posting at this time it is obviously keeping you awake. Most companies don’t want to go to an ET and will try to settle. It won’t cost £60k to get to that point providing that you do have a case.

We don’t take cases paid by Legal expenses claims at my legal firm as the insurance companies are a nightmare to deal with and try to cut the fees
Our employment team are very good and don’t need the hassle or want the reduced fees

Thank you very much for taking the time to respond. I am in England and in a union (unfortunately so far the rep hasn’t been great) . I have posted on the Work Board about my case and received some very helpful advice (I have now been dismissed).. it was suggested that legal expenses insurances may help with the costs of instructing a lawyer and I was keen to see if they could advise on the reasonable chances of any case succeeding, but it sounds like in practice legal expenses may not actually work and I would need to pay privately. Thank you for your time and help.

I have been in a similar position. One thing I would advise first is to read the legal expenses insurer’s (LEI’s) terms and conditions carefully. If you haven’t got the full terms ask them to send them to you. I have had experience with one legal expenses insurer denying cover initially by saying certain matters weren’t covered. There was nothing to support this in the terms and conditions. Normally the insurers pass the claim to one of their panel solicitors to assess the legal prospects. If they are happy you have at least a 51 per cent chance of success the claim is progressed. You normally get the option to choose your own solicitor if court proceedings are issued or they are going to issue them. However, you seem to have bypassed a few steps and are trying to find your own choice of solicitor to assess the prospects of the claim. Hence I am wondering if you have been wrongly fobbed-off by a claims handler at the LEI.

It is really hard to find solicitors who take on legal expenses work. Some who advertise they do it even say they don’t when I ring as they seem to have had their fingers burnt and don’t take any more legal expenses insurance work.

That said, I have seen a number of firms advertising legal expenses work for employment claims. I was looking for a solicitor in another field of law where there seem to be very few who want to take LEI work.

Try searching with key words such a employment tribunal and legal expenses insurance. Don’t waste much time getting lists of solicitors through the law society enquiries as you can’t search this with keywords such as ‘legal expenses insurance’ and you will waste a lot if time with little or no interest from law firms.

If you are in a union this often includes ET legal assistance - have you looked at this?

@Namechanged75
If I remember correctly:

• discipline process
• sacked for gross misconduct
• appeal?

If you have appealed and this was not upheld then the next step is ET. If you haven’t appealed you must do this first.

I would suggest you talk to ACAS and start the process because there are time limits.

Your TU rep was poor, but you are still a member and they should provide legal advice.

The key thing for you is to have a timeline of events with a copy of the evidence. This includes policies, communications etc. If you don’t have them then do a SAR .
As pp have said check your legal cover as you are now at ET stage.

Thank you for your responses. My appeal is still being considered and I am submitting an application for early conciliation (following ACAS advice).

Unfortunately my Union haven’t been great - the advice hasn’t always been right, timely etc. I do have legal expenses insurance but they are saying they won’t assist at this point - it needs to get to an ET (and even then would only pay £100 an hour and , understandably, many legal firms seem reluctant to work at this rate/ go through the hoops ). As pp have said they are currently getting advice on the reasonable chances of success.

Think it is all just going to take time and I will have to try and do as much of it myself as I can. Unfortunately my health isn’t great so taking me a lot longer to do things and not to my previous standards. But will hopefully get there. Thanks again for your advice. I will look into the points raised.