What does No Win No Fee mean?
No win no fee is a phrase used to describe how solicitors take on a case where they pay the costs of the case. Solicitors who operate on this basis pay for the third party reports, stamp duty, experts’ fees and all other costs associated with the case.
No Win No Fee agreements bring the law in the range of most people and not just those that have big pockets. In the vast majority of cases, people would not be in a position to fund the cost of the case and thus it is quite a common practice for expert employment law firms to operate on a No Win No Fee basis.
You should be aware that The Law Society of Ireland, who regulate all solicitors in Ireland has very strict rules in place regarding advertising and these prohibit any solicitor from advertising their services as No Win No Fee. However, there is nothing stopping your solicitor discussing with you a No Win No Fee Employment agreement.
So when you chose your employment law solicitor is important that you clarify with them before going ahead with them that they do operate on a No Win No Fee basis and ensure that this is either put in writing to you or that you sign a contract.
Types of Employment Law cases covered by No Win No Fee agreements
- Constructive Dismissal
“In employment law, constructive dismissal, also called constructive discharge or constructive termination, occurs when an employee resigns as a result of the employer creating a hostile work environment. Since the resignation was not truly voluntary, it is, in effect, a termination.” Wikipedia
- Unfair dismissal
Unfair dismissal arises when the employer terminates the employee’s employment.
In an unfair dismissal case the burden of proof of wrong doing or substandard work is firmly on the employer. On the other hand in a constructive dismissal case this burden shifts from the employer to employee. What this means the employee must prove they left the employment due to the conduct of the employer which they could no longer be expected to tolerate.
- Wrongful Dismissal
Wrongful dismissal, which can also be called wrongful termination or a wrongful sacking, arises when an employee’s contract of employment has been terminated by the employer and where the dismissal breaches one or more terms of the contract of employment or a statute provision or rule in employment law.
Wrongful dismissal and unfair dismissal are two entirely different concepts although they are very often wrongly labeled. Wrongful dismissal is a dismissal for breach of contract. There is no length of service required for a breach of contract claim. Wrongful dismissal occurs most commonly when an employer dismisses an employee without notice or with an insufficient notice under his or her contract of employment.
Unfair dismissal relates to the non-performance or the wrongdoing of the employee where there is no breach of contract by the dismissed employee.