A damage-based agreement is an agreement whereby the representative's fees are dependent upon the success of the claim that the client is seeking to pursue. This agreement is drafted in favour of the representatives connected with pursuing the client's claims at an employment tribunal against the client's employer. This document set out important details such as the hourly rate of the representatives, other expenses that the client is expected to pay in connection to the services provided by the representatives and any other expenses that may incur in pursuance of the client's claims:
a) Expenses to instruct a barrister
b) Expenses to hire experts witnesses
c) Documentation fees
This document should be used by solicitors who represent a client who would like to pursue a claim against their employer at a tribunal.
The client should carefully read this document.
The client should review all previous communications with their representatives and ensure that the figures stated in those letters are consistent with those stated in this agreement.
The client should double-check the percentage of the damages obtained from the award to be paid to the representatives. There is often a statutory cap on the percentage to which the representatives are entitled to.
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