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Employment tribunal advice needed.

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Clare&Jon

Junior Member
Lots of prelim to this so I’ll try and get to the point. Any advice I can get would be greatly appreciated as I have 72 hours left by until my ability to use the Employment Tribunal service will expire.

I was employed for 2 years with a salary and a contract of employment, following this I was offered the opportunity to work more flexible hours under a contract of services and did so for a following 2 years and 10 months (total of just under 5 years with one company).

There is a grey area here that suggests, even though I have signed a contract for services I may still be entitled to the rights of an employee. I expect that this will divide people’s opinion on this forum so I welcome debate as this will allow me to either prepare better with my case or in fact decide to just go through a county court to claim monies owed from work already completed instead. Feel free to comment but understand there is little more to consider. (I was also unfairly dismissed which is why I’m considering Employment Tribunal)

The specific question that I desperately need help with is whether, if I lose at employment tribunal and my ex ‘employer’ has invested in legal assistance, is there any way that I would be liable to pay their fees? Please remember this is in reference to employment tribunal and not county court.

The reason I ask is that I was advised by a solicitor that if I were to win at employment tribunal, I would not be entitled to claim back any legal fees, so I am assuming the same works in both directions?

Thank you for reading. I’m happy to answer any questions but I really need some advice here.
 


Proserpina

Senior Member
Lots of prelim to this so I’ll try and get to the point. Any advice I can get would be greatly appreciated as I have 72 hours left by until my ability to use the Employment Tribunal service will expire.

I was employed for 2 years with a salary and a contract of employment, following this I was offered the opportunity to work more flexible hours under a contract of services and did so for a following 2 years and 10 months (total of just under 5 years with one company).

There is a grey area here that suggests, even though I have signed a contract for services I may still be entitled to the rights of an employee. I expect that this will divide people’s opinion on this forum so I welcome debate as this will allow me to either prepare better with my case or in fact decide to just go through a county court to claim monies owed from work already completed instead. Feel free to comment but understand there is little more to consider. (I was also unfairly dismissed which is why I’m considering Employment Tribunal)

The specific question that I desperately need help with is whether, if I lose at employment tribunal and my ex ‘employer’ has invested in legal assistance, is there any way that I would be liable to pay their fees? Please remember this is in reference to employment tribunal and not county court.

The reason I ask is that I was advised by a solicitor that if I were to win at employment tribunal, I would not be entitled to claim back any legal fees, so I am assuming the same works in both directions?

Thank you for reading. I’m happy to answer any questions but I really need some advice here.

And you're located where?
 

justalayman

Senior Member
The specific question that I desperately need help with is whether, if I lose at employment tribunal and my ex ‘employer’ has invested in legal assistance, is there any way that I would be liable to pay their fees?
maybe.

where are you located and what does your contract say to the issue?

and I'm betting UK.
 
Last edited:

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