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Ask Employment Law |
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Remember: There is no substitute for legal advice on the actual
situation you find yourself in. The information posted on this site is for general
information only, is based on |
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Question: |
Do I need to be legally
represented in Employment Tribunal proceedings? |
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Answer: |
As
a solicitor, I naturally have a vested interest in encouraging people to
obtain legal representation to bring and defend claims in the Employment
Tribunal. However there is no obligation on parties to be legally
represented. When
the Employment Tribunal service was set up, I understand that it was
originally anticipated that most people would not be legally represented.
However over the years, the procedure of the Tribunal has become more formal.
Though Employment Tribunal’s will endeavor to accommodate any parties without
legal representation, an increasing number of people feel that they do need
professional representation. If as is often the case, a discussion of the law
is required, then the ability of a lay person to adequately represent
themselves may be limited. Ultimately
this is a personal question for each individual to decide. I would recommend
that anyone contemplating bringing or defending a claim in the Employment
Tribunal to spend a day sitting in on one of the hearings to get a feel for
what it is like and an idea about whether this is something they feel happy
doing unrepresented. You
should bear in mind however that legal costs are not normally recoverable in
Employment Tribunals, even if you win. Sometimes people can get legal advice
for free via their union, legal expenses insurance, a Law Centre, the
Community Legal Service (Legal Aid) or their CAB. However if you pay out of
your own pocket for legal advice and representation, you need to be satisfied
that legal costs are proportionate to the value of your claim and the
likelihood of success. Last
reviewed: July 2010. |
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Employment
Solicitor Reculver Solicitors Tel
0207 324 6271 Regulated
by the Solicitors Regulation Authority ©
Reculver Solicitors. 2005- |
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