No Win No Fee Employment Law

We are in it to win it. We take suitable No Win No Fee employment cases through negotiation and mediation and, where necessary and justified, to the Employment Relations Authority and Employment Court.

Where we work on a No Win No Fee basis, we are making an investment in your case. In return, we need a real opportunity to run it properly and achieve a successful result. That means merit, evidence, realistic expectations and commitment from both sides.

No Win No Fee Employment Law Advocates

We are No Win No Fee employment law advocates. Where we accept a matter on that basis, our fee is generally paid when the defined successful outcome occurs rather than being billed in full as the work progresses. This removes some of the upfront cost barrier, but it also means we have to select cases carefully.

We do not take meritless cases to the Employment Relations Authority or Employment Court simply because a client wants a fight. Before accepting a case we need to be satisfied that there is a sensible legal and factual basis, that useful evidence exists or can be obtained, and that the likely outcome justifies the work and risk involved.

Some cases settle quickly. Others take months and require mediation or a formal determination. The fee arrangement does not change the need for careful preparation.

When No Win No Fee is usually suitable

• There is real merit. The facts and law disclose an arguable claim with a realistic prospect of success.
• There is evidence. Employment agreements, letters, emails, texts, rosters, payroll records, meeting material or witnesses support the case.
• There is a meaningful remedy. The likely outcome justifies the time and risk required to pursue it.
• You are prepared to progress the case. If reasonable settlement is not achieved, mediation or the ERA may be necessary.
• You will work with us. Honest disclosure and following agreed strategy are essential.

When it may not be suitable

• The evidence does not support the allegations being made.
• The likely remedy is too small to justify the work involved.
• A limitation period or other legal problem has materially weakened the case.
• The employer or respondent is unlikely to be able to satisfy a settlement or award.
• The client wants an outcome that is not realistically available.
• The client is unwilling to follow the agreed litigation or settlement strategy.

What we need from you

• Provide your advocate with all relevant information — including facts that may be unhelpful.
• Provide documents promptly and keep originals where possible.
• Apply for jobs and document your job-search efforts where lost wages are being claimed.
• Follow reasonable instructions and advice given by your advocate.
• Keep in reasonable contact and respond when decisions or instructions are required.
• Do not negotiate separately with the employer after appointing us without discussing it first.

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No Win No Fee compared with hourly fees

Paying an hourly rate as work is done is the main alternative to No Win No Fee. Depending on the amount of work and the settlement achieved, an hourly arrangement can sometimes cost less than a contingent percentage fee; in other matters the ability to defer fees can be the reason a client is able to pursue the case at all.

Hourly rates and total legal or advocacy costs vary substantially between providers and between cases. Rather than relying on a generic comparison, compare the actual written fee terms, what work is included, who will conduct the case, what disbursements are extra and what happens if the matter proceeds beyond mediation.

Where a matter carries substantial risk or requires significant upfront work, we may at our discretion require an agreed retainer or fixed payment before accepting part or all of the matter on a No Win No Fee basis. Any such arrangement is confirmed before work starts.

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The Do's and Don'ts of No Win No Fee

Terms vary between No Win No Fee providers. Our own Terms of Engagement govern our relationship with you. The practical points below explain why a contingent-fee case needs commitment and discipline from the client as well as the advocate.

No Win No Fee does not usually mean

If substantial work has been undertaken, you should not assume there can never be a fee if you:

• change your mind and abandon a viable case;
• decide to use another lawyer or advocate after work has been completed;
• settle directly with the employer without involving your representative;
• refuse reasonable advice about settlement or progression of the case; or
• otherwise bring the engagement to an end in circumstances covered by the termination provisions.

The actual consequences are determined by the Terms of Engagement you agree to, not by the examples on this page.

The Don'ts

• Do not make separate direct contact with the employer about settlement. Once we act, coordinated communications protect the case.
• Do not post disparaging remarks about the dispute on social media. Public comments can complicate settlement and evidence.
• Do not withhold bad facts. We can usually manage a known problem far better than a surprise.
• Do not bypass the firm or advocate in negotiating a settlement.
• Do not treat advocacy as counselling. We will support you through the employment process, but our role is to run the employment case.

The Do's

• Be honest with your advocate.
• Keep the case confidential where required.
• Provide all relevant information and documents.
• Document job-search efforts where lost wages are in issue.
• Follow reasonable instructions and advice.
• Keep reasonable contact with your advocate.