Should I get a QC for round 2?

[lba40]

Hi All,

So after winning my Employment Tribunal claim, my former employer is appealing to the Appeal Tribunal . My solicitor (and I) thinks they will be successful in passing the ‘sift’ process to proceed to a full appeal hearing as there is little case law on my case. Although my Solicitor won my case at the ET, their handling of the case leading up to the Tribunal caused me so much stress due to their negligence; deadlines missed, CMD agenda not sent, secretary not passing on info to Solicitor etc. (I really had to stay 2 steps ahead of them to ensure they did their job). Basically I’m not at all confident in going forth with them to the EAT and would like to change representation. I’m pretty sure it is also going to get very technical at the EAT with the amount of law involved (it’s a pretty complex case with potentially ramifications UK wide). The other side have a Top London QC representing them and my gut instinct is telling me to have one of the ‘big guns’ on my side also. I understand that at the EAT the other side pay the winners costs? I live in Newport and don’t know whether to:

• Get a bog standard solicitor to appoint a ‘heavyweight’ QC
• Try and get a ‘heavyweight’ QC through Direct Access
• Get a leading Solicitors and appoint a ‘heavyweight’ QC

I have so much to gain from winning ‘round 2’. I am covered by my home insurance legal expenses who have been funding the Solicitors up to now. I accept I will have to top up the fees for the QC. My questions are I guess:
1. Can anyone advise what they would do?
2. Could I perhaps get ‘after the event’ insurance to cover the shortfall my legal expenses would have to pay my QC if I lose?

Any advice would be greatly appreciated.

Kind Regards,
Lba40

[Johnboy007]

Re: Should I get a QC for round 2?

Hi,
Costs are awarded by the tribunal, but not necessarily against the employee.
It depends on the case, and your personal circumstances.
If yours was frivolous or lacked merit, the you will have to pay the costs.
As you did win at the ET, then appeal may not be successful.
An appeal to a tribunal can only be made on a point of law.
You should get advice from an employment solicitor, and then decide the next step forward.