who can represent you at a Tribunal?
You do not need to be a qualified lawyer to represent somebody at a tribunal. Indeed it is wholly unnecessary to involve lawyers in many cases, and other people such as full time union officers or advice centre workers can do just as good, if not better, a job.
However you should be wary of the kind of independent advisor who have started to advertise their services in local papers and by other means. They offer to prepare your case and represent you at a tribunal for a fee and/or a cut of your compensation.
While some may be competent, you have absolutely no guarantee that they have any expertise. The government is so concerned at just how badly some advisers serve their clients that they are currently considering whether they should be regulated. These are some of the things you should watch out for:
- Are their terms reasonable? They may expect a very large share of any award you win.
- What are their qualifications? Some claim that they have qualifications that they do not really have, others give themselves such names as “legal advisors”, which gives you the impression that they have some sort of legal qualification, when in reality this term means nothing.
The best representation you can have at an Employment Tribunal is probably a trained trade union representative. He or she will have considerable experience of how the tribunals work. They will also understand workplace issues and be able to spot errors made by your employer that an outside advisor would probably miss. Surveys have consistently shown that in cases where the Claimant is represented by a trade union, the Claimant is more likely to be successful and will get much better compensation.
If you are not a member of a union, you may be able to get free legal advice from a local authority Law Centre if there is one near you. Most larger towns and cities have them. Otherwise, ACAS can provide advice, though not representation, as can staff at a Citizens Advice Bureau. If you do want to use a solicitor, make sure you choose one who has direct experience of Employment Tribunal representation as solicitors often specialise in particular areas of the law. Someone who sold your house may have no experience of employment law.