If I win will they pay my costs?
The general rule in employment law is that even if you are successful your costs will not be paid by the other side. That also means that if you are unsuccessful you don’t have to worry about the other side’s costs either. But, when you are successful, your costs will have to be paid out of any award or settlement that we achieve for you. However, it is important to note that an award does not always cover the full extent of the legal costs incurred and it may be necessary for you to cover some of your additional costs. We know in any case, that the majority of these cases are “not about the money”, that it’s the principle and that most of our Clients recognise that what is far more valuable than some compensation is their good name and reputation which follows you for life. Most people take these cases because they cannot tolerate the way were treated at work, they cannot stomach someone else going through what they went through or they want to clear their name and teach their employer a lesson. To many of our Clients the vindication that they have been unfairly treated is all the compensation they need!
“Unlike many other forums for legal redress the WRC and the Labour does not have the power to award costs. Therefore, each party must bear their own. That can take a lot of pressure off claimants”. Lars Asmussen B.L.
What if I lose, do I have to pay their costs?
As already mentioned; win, lose or draw (that doesn’t happen!) each party must bear their own costs. When considering the potential exposure to costs at this stage, you are never going to have to worry about their costs, just your own. Whatever the outcome of the case, you will never have to put your hand in your own pocket in relation to your employer’s costs. Regarding your own costs, having run literally hundreds of these cases we have a pretty good idea of what a typical case costs to run in the WRC. Because of that we can give you a pretty accurate assessment of what that will be. You will pretty much know on Day 1, when we meet, what this will cost and how likely it is that we can beat that with an award or settlement. Like we mentioned above, we know it is not about the money, but of course that does help… This really only becomes relevant in the event that a settlement is being discussed and what that means to you i.e. how much you can put in your pocket after you take into account the fees have you have already paid. It will always be an option for you to choose whether you wish to settle or not depending on what those numbers are.
How are my Fees Calculated?
Litigation is expensive and in fact often the legal costs involved in taking your case could be far greater than what is actually awarded to you by the Court or in excess of what is finally charged by us. We try wherever possible to ensure that the fee does not exceed an award made and that wherever possible we achieve an award or settlement which is as significant as possible for you. That however is not always possible. And, we know that invariably that is not why you have taken this course of action. Clearly, at the early stages of a case, we have no idea how much documentation might be involved, what issues might arise, how many preliminary issues may be raised by each side, however we do know this process well and we invariably know generally what we will come into contact with (within reason!). However, there is a caveat here that what is set out below, can only ever be a guide and a minimum fee in that the fee will be no less than what is set out below.
Our Standard WRC Charge
Our minimum professional fee for any case is €5,100 plus a contingency fee on success. This is broken down as follows;
- An initial retainer fee of €1,500 payable before we commence any work on your behalf; and
- Twelve monthly payments of €300 per month; and
- An additional contingency fee of €4,500 plus VAT on success (some terms and conditions apply).
This is assuming that the level of work involved in your case is not unusual or abnormal and that the matter resolves at the first stage i.e. the WRC.
The other way we charge is by way of a one-off Fixed fee. In these circumstances we charge a set fee of é6,500 plus VAT and outlay.
No Win No Fee
In some limited cases we can charge our fees but solely on a contingency basis save for an initial retainer of €1,500 plus a success-based contingency fixed fee of €12,000 plus VAT on the successful outcome of your case (whether that be by way of settlement or determination by the WRC/Labour Court). Where we are acting on a contingency basis like this, we get to charge a premium on our usual hourly rate, partly for our expertise where the award is greater than anticipated but also because the fee we are ultimately entitled to needs to reflect the risk that we are taking and as such on success our hourly rate may be higher than another solicitor’s who may charge on a pay as you go basis. In those circumstances the fee will increase. The point is that when the award increases there is a greater ability to pay the actual cost of the litigation at our contingency rate. In a standard WRC case which proceeds to one day of hearing we estimate that there is approximately 25-30 hours of work involved. This is on the basis that the case resolves at the first day. Where any case does not conclude on the first day of hearing, each additional day at hearing would be charged at €1,250 plus VAT plus outlay. Given that our full fee is likely to largely outweigh a Claimant’s ability to pay, we do not charge this full fee unless our Client receives an award sufficient to cover it.
We are a specialist employment law practice. That means that every single day we’re dealing with our Client’s Data Protection and Privacy rights and ensuring that employers are respecting these. We are perfectly placed to not only offer you advice on data privacy and protection concerns but to guide you through its complexities too. We’ve already built up years of experience working with individuals data protection rights, ensuring we’ve gained a comprehensive view of how to offer you the best level of guidance and support.
What we Do
Our dedicated team of professionals has huge experience working on behalf of and with workers in these types of situation. We have the legal knowledge required to guide you through this complex situation and give you the advice and support you need right now. We are experienced at resolving these types of claims quickly and effectively – often without you even having to face a drawn-out battle in Court. Our aim is to work for you to achieve the best possible outcome so that you can move on with your life. We will;
- Listen to You!
- Advise you on your legal rights;
- Take all the necessary legal steps required to make your voice heard and;
- Get you compensation.
With You, Every Step of the Way
Most of all, we will be with you, every step of the way and when push comes to shove, we will be your voice.
Barrack Obama once said “one voice can change a room, and if it can change a room, it can change a city and if it can change a city it can change a nation and if it can change a nation it can change the world”.
Make your voice heard and help to change something…
Our service is confidential, discrete and tailored to each Client to fit their individual needs. We will never disclose your information to others.
What do I need to Do Next?
Every month, we offer a select number of potential clients an opportunity to meet with one of our team for a free, no obligation, initial consultation to discuss the options available to you.
At that meeting we will LISTEN and go through with you every aspect of your case and can give you clear advice about your options, what legal steps you can take to make this stop and we will also explain the whole process and the strengths and weaknesses of your case. If you wish to proceed we will file your claim, draft written submissions and represent you at any Court hearing. Due to high demand and because we only work with a limited number of cases, we only offer 20 appointments a month. We know that these appointments always fill up very quickly. Contact us today to see how we can help you chose the outcome you want. Please also remember that you only have two years from the date of your accident or injury to make your claim so don’t delay, the clock is ticking. After that time limit passes, your claim is what’s called “statute barred” which means that you can’t make a claim at all after that.
Make An Enquiry
Call us today on 1890 88 90 90 or email firstname.lastname@example.org to find out more about how we can help or click here to make a Free Online Enquiry and we will soon be in touch to help you.