THE EMPLOYMENT LAW DISPUTE SPECIALISTS DAMAGES BASED AGREEMENT. Your Employment Tribunal claim relating to your employment with...

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1 THE EMPLOYMENT LAW DISPUTE SPECIALISTS DAMAGES BASED AGREEMENT 1. What is cvered by this agreement Yur Emplyment Tribunal claim relating t yur emplyment with What is nt cvered by this agreement 2.1 Any cunterclaim against yu. 2.2 Any appeal yu make r any appeal made by yur ppnent. 3. Paying Us 3.1 If yu win the case yu pay us the percentage f yur damages as prescribed in table 3.5 belw (The Prescribed Fee). Please see belw the meaning fr damages. 3.2 Our agreement that yu shuld pay The Prescribed Fee is based n ur assessment f yur claim - bth whether yu will win and its value. 3.3 If yu lse the case yu d nt pay us anything. Yu may, hwever, have paid Tribunal fees that wuld nt be recverable if yu lst. 3.4 If yu end the agreement befre the case is wn r lst, yu are liable t pay ur csts at the rate f 100 per hur with letters and telephne calls charged at 10 each unless they last fr ten minutes r lnger in which case they will be charged at the apprpriate prprtin f the hurly rate. Letters received are charged at 5 each. All f these amunts are inclusive f VAT at the standard rate. Table 3.5 Fr what happens if we end the agreement befre the case is wn r lst, please see please refer t paragraph 9. Stage at which the case is reslved. Fee percentage Case reslved befre submissin f ET1 claim frm 15% Case reslved after submissin f ET1 Claim frm but befre exchange f dcuments 20% Case reslved after exchange f dcuments but befre preparatin f witness statements. 25% Case reslved after preparatin f witness statements but befre final hearing 30%

2 Case reslved after attendance at any interim Hearing 35% Case reslved after final Hearing 35% 4. Damages Damages means any mney we recver n yur behalf befre deductin f any state benefits (such as incme supprt, jb seekers allwance) r any claim made against yu by yur emplyer (fr example: repayment f a lan, relcatin expenses r the cst f telephne calls etc.) Damages als include the financial value t yu f any private health care, pensin cntributins, mtr vehicle, etc). We will decide the financial value f these benefits t yu. 5. Our Respnsibilities We must always act in yur best interests in pursuing yur claim fr damages and btaining fr yu the best pssible results, subject t ur duty t the tribunal; we must explain t yu the risks and benefits f taking legal actin; we must give yu ur best advice abut whether t accept any ffer f settlement. We have advised yu f the alternatives t this methd f funding. These include; (a) Legal expenses insurance yu may have (b) Charitable (pr-bn) representatin (c) Yur Trade Unin (d) Cmmunity Legal Services Funding Further details f alternative funding ptins can be fund n ur website We have als advised yu n the dispute reslutin service ffered by the Advisry, Cnciliatin and Arbitratin Service (ACAS) in relatin t actual and ptential claims. 6. Yur Respnsibilities Yu must give us clear instructins which allw us t d ur wrk prperly; yu must nt ask us t wrk in an imprper r unreasnable way; yu must nt deliberately mislead us; yu must c-perate with us when asked; yu must g t the tribunal hearing when asked; yu must pay any Tribunal fee yu are eligible t and/r prvide any necessary remissin evidence when requested t d s. 7. What happens if yu win If yu win (which means that yur case is decided in yur favur whether by a tribunal r an agreement t pay yu damages) yu pay us The Prescribed Fee. Yu agree that the settlement/award mnies will be paid by the Respndent in the frm f a cheque, made ut t yurself and sent t urselves. Yu further agree t prvide us with a cheque fr the amunt f ur fees in exchange fr us prviding yu with the settlement cheque. Bth cheques are t be cashed simultaneusly.

3 If yur ppnent fails t pay any damages wed t yu, we have the right t take recvery actin in yur name t enfrce a judgment, rder r agreement. The csts f this actin is payable by yu t us in additin t The Prescribed Fee. It is pssible, althugh rare, that the Tribunal will either reinstate r re-engage yu in yur riginal psitin r in anther psitin wrking fr yur ld emplyer. This award may be made alne r cmbined with an award f damages. Fr the purpses f deciding hw much yu have wn fr the purpse f calculating The Prescribed Fee, an rder fr reinstatement r re-engagement will be valued as 3 mnths average pay f which we take The Prescribed Fee, alng with any ther damages awarded. 8. What happens if yu lse If yu lse yu d nt have t pay us anything. 9. What happens when the agreement ends befre the case itself ends Yu can end the agreement at any time. Yu are then liable t pay ur csts incurred up t the date yu end the agreement calculated at an hurly rate, set ut abve under "Paying Us". We can end the agreement at any time We have agreed t act n yur behalf, withut payment, unless we win r settle the case and this agreement has been made withut knwledge f the pattern the case will fllw befre it ends. We are ptentially acting fr yu withut payment fr ur advice and assistance and we can therefre end the agreement at any time. The fllwing are examples (but nt an exclusive list) f the circumstances which might lead us t end this agreement:- 1. If yu d nt keep t yur respnsibilities in paragraph 6. Yu are then liable t pay us ur csts incurred up t the date the agreement ends calculated at the hurly rate and as specified under paragraph 3 abve. 2. If we believe that yu are unlikely t win and yu disagree with us. Yu d nt have t pay us anything. 3. If yu reject ur pinin abut making a settlement with yur ppnent. Yu are then liable t pay us ur csts incurred up t the date the agreement ends (unless the damages yu negtiate, r are awarded, are 20% mre than the ffer we advised yu t accept in which case yu d nt have t pay us anything). The csts yu will be liable t pay us will be calculated n the hurly rate specified under paragraph 3 abve. 4. If the case is listed by the Tribunal fr a hearing f lnger than a day. 5. If the value f the case des nt make it financially wrthwhile t pursue. 6. If yur ppnent makes a cunterclaim against yu r makes allegatins r prduces evidence which in ur pinin increase the risk f lsing the case

4 and we knw lnger believe that we shuld act fr yu n a "N win, N fee" basis. In any circumstances where we end the agreement, we will explain ur reasns t yu in full and will discuss whether we are prepared t enter int a replacement agreement n different terms and, if nt, what ur nrmal prfessinal charges wuld be t cntinue t act n yur behalf. 10. What happens after the agreement ends After the agreement ends we will apply t have ur name remved frm the recrd f the tribunal prceedings in which we are acting. We have the right t preserve ur lien ver any prperty f yurs (including yur full file f relevant dcuments) in ur pssessin unless any mney wed t us under this agreement is paid in full. This means we can keep yur papers until yu pay us in full. 11. Tribunal Fees T present any case t an Emplyment Tribunal yu must pay Tribunal fees. The first is an issuing fee; the secnd is a final hearing fee in rder fr the Tribunal t hear yur case. Yu may be entitled t remissin, r part remissin, f these fees. Hwever, remissin f the first fee des nt autmatically mean that yu will be entitled t remissin f the secnd fee. If yu believe yu are entitled t fee remissin we will submit a remissin applicatin n yur behalf, prvided that yu furnish us with the crrect dcumentatin. Shuld yur fee remissin applicatin be unsuccessful yu will be required t pay the fee yurself. The failure t prvide all the necessary fee remissin dcumentatin, r the failure t pay a fee when yu have been assessed as nt entitled t fee remissin, will be deemed as unreasnable behaviur fr the purpses f this agreement. Failure t d either f these things will result in us ending this agreement and withdrawing frm yur case, yu will then be required t pay ur fees fr wrk dne at ur hurly rate as detailed in paragraph 3.4. We estimate that the first fee in yur case will be. and the secnd fee will be 12. Csts Emplyment Tribunals have the pwer t award csts in limited circumstances. If we recver csts n yur behalf they belng t us. In ther wrds, if yu win, yu will pay us The Prescribed Fee whether r nt we als recver any csts frm yur ppnent. If yu lse and yu are rdered t pay csts t yur ppnent, then thse csts will be payable by yu. The circumstances in which csts may be rdered against yu are set ut belw and als n ur website Emplyment Tribunal (Cnstitutin & Rules f Prcedure) Regulatins 2004 prvide

5 that a Tribunal may make a Csts Order against a Claimant (r Respndent) where the paying party has, in bringing the prceedings, r her r his representative has in cnducting the prceedings, acted vexatiusly, abusively, disruptively r therwise unreasnably, r the bringing r cnducting f the prceedings by the paying party has been miscnceived. The Tribunal may als make a csts rder against a party wh seeks an adjurnment r pstpnement f a hearing. A Tribunal may als make a Csts Order against a party wh has nt cmplied with a Tribunal Order r Practice Directin. The amunt f any csts rder is limited t 20,000 under the Tribunal's wn jurisdictin r in any sum (ie. ver 20,000) as adjudged payable by a Cunty Curt n a detailed assessment f csts incurred. Client Signed... Printed Date... The Emplyment Law Dispute Specialists Signed Printed Date...

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