Do I need a solicitor for tribunal? The honest answer

Most claimants represent themselves. Here's how to know if you should hire one, the costs involved, and cheaper alternatives.

Do I need a solicitor to bring a tribunal claim?

No. You have the right to represent yourself (called a litigant in person). Most claimants self-represent. However, a solicitor adds significant value if your claim is complex, involves discrimination, is high-value, or the respondent has legal representation. The answer depends on your case, not the law.

What percentage of claimants self-represent?

The majority. According to MOJ Tribunal Statistics, 59% of UK employment tribunal claimants represent themselves at the hearing — without a solicitor. Many win their claims. Others lose because they lack legal knowledge or evidence management skills. Self-representation is common — you are not alone.

Can I hire a solicitor just for advice, not full representation?

Yes. Some solicitors offer unbundled services — advice on specific issues (e.g., drafting your ET1, advising on settlement) without representing you throughout. This is cheaper than full representation. Costs typically £200–£500 per hour or a fixed fee per task.

What does a solicitor actually do for you?

A solicitor: drafts your claim and response to the employer's reply, advises on evidence and witness preparation, represents you in tribunal (you don't speak), negotiates settlements, arranges experts if needed, and manages procedural deadlines. They handle all the legal work so you do not have to.

How much does a solicitor cost?

Typical costs: £250–£500 per hour, or a conditional fee agreement where you pay a success fee (25–50% of damages) if you win. A straightforward unfair dismissal claim might cost £5,000–£15,000 in solicitor fees. Discrimination claims are more expensive. Many claimants cannot afford this.

Can I start self-representing and hire a solicitor later?

Technically yes, but it is not ideal. Hiring a solicitor mid-way through means they inherit all your mistakes in pleading and evidence. Better to know from the start if you will hire one. If you start self-representing with Start My Claim, transition to a solicitor if your case becomes complex.

What if I start my claim and then realise I need a solicitor?

You can still hire one, but you may have created procedural errors or given away evidence advantage. Some solicitors will work with you to fix earlier mistakes. It is better to assess early (get free Acas advice) whether you need representation.

Is a barrister different from a solicitor?

Yes. Historically, solicitors advised and barristers represented in court. Today, there is overlap — many solicitors represent in tribunal, and many barristers advise. For employment tribunal, you typically use a solicitor, not a barrister. Solicitors are cheaper and the tribunal process is informal enough that full barrister representation is overkill.

What if my employer has a solicitor?

If the employer is represented, you should seriously consider hiring one too. You will be facing experienced legal arguments and procedural tactics. Self-representing against a solicitor puts you at a disadvantage. Union representation or a McKenzie friend is a cheaper alternative.

Can I get help paying for a solicitor?

Legal aid is not available (removed in 2013). But you can: use a conditional fee agreement (pay success fee only if you win), seek union representation (free to members), use a McKenzie friend, negotiate a settlement to avoid tribunal, or self-represent with Start My Claim.

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Do I need a solicitor for tribunal?

Claimants who self-represent at the hearing (MOJ)

Typical solicitor costs (unfair dismissal)

Legal aid available for employment claims

The Honest Answer: It Depends

You do not legally need a solicitor. The Employment Tribunal is designed to be accessible to self-representing claimants. Thousands win claims every year without legal representation.

However, whether you should hire one depends on:

How complex is your case?
Simple unfair dismissal? Self-represent. Discrimination with multiple claims? Hire a solicitor.
How much is at stake?
Claim for £20k? Solicitor may be worth it. Claim for £5k? Self-help or McKenzie friend is smarter.
Is the respondent represented?
If your employer has a solicitor, you should too. If both are self-represented, it is a level playing field.
If yes, a solicitor is safer. If no, self-represent with Start My Claim or get union representation.
Are you confident in yourself?
Some people cannot handle speaking to authority figures. Others do it easily. Be honest about your confidence.

When You Can Safely Self-Represent

Self-representation works well if:

Simple unfair dismissal claim

You were dismissed, have a clear reason why (e.g., you did your job properly), and have evidence (dismissal letter, emails, witnesses).

Straightforward wage claim

The employer owe you unpaid wages, notice pay, or holiday pay. The facts are clear and numbers are undisputed.

Both sides are self-represented

Your employer is representing themselves. The tribunal is neutral and will help both sides follow procedure. You are on a level playing field.

Under £10k. Even if you lose, the financial damage is manageable. A solicitor's costs would eat into your award anyway.

Evidence is strong and clear

You have a dismissal letter, witness statements, emails, or documents that clearly prove your case. The tribunal can understand your evidence without legal argument.

You have support (McKenzie friend)

A family member or advisor sits with you to take notes and advise quietly. They calm your nerves and help you stay focused.

When You Definitely Need a Solicitor

Hire a solicitor if:

Discrimination claim

Race, gender, disability, age, religion, sexual orientation, or pregnancy discrimination. These claims require detailed pleading, understanding of burden of proof (shifting burden), and expert evidence. Errors are costly.

Respondent has legal representation

Most employers use solicitors or HR professionals at tribunal — this is normal and expected. Tribunal judges are highly experienced with self-represented claimants and actively ensure the process is fair. A well-prepared, organised claimant with strong evidence regularly succeeds against legally-represented employers. Start My Claim is built precisely for this situation.

Over £50k. A solicitor's success fee is justified by the larger award. The complexity of managing large claims requires expertise.

Multiple witnesses, expert reports, financial records, or technical evidence requiring interpretation. You need someone who can organize and present this professionally.

Multiple respondents or claims

You are suing your employer plus a related company, or bringing multiple claims (unfair dismissal + discrimination + whistleblowing). The pleading and evidence management is complex.

Settlement negotiations

The employer has made an offer or you want to negotiate without emotion. A solicitor handles this on your behalf, ensuring settlement agreements protect you.

How Much Does a Solicitor Cost?

Employment solicitor costs vary widely:

£250–£500 per hour depending on seniority and location. A straightforward unfair dismissal claim might take 40–60 hours = £10,000–£30,000.

Conditional Fee Agreement (CFA)

You pay only if you win. Success fee is typically 25–50% of damages awarded. If you win £20k, you pay £5,000–£10,000 as success fee. If you lose, the solicitor writes off their costs (or you pay them).

Expert reports (£500–£2,000), barrister fees (£1,000–£5,000), tribunal fees (none for claimant), and transcripts (£300–£1,000). These are separate from solicitor fees and are your responsibility.

Simple unfair dismissal claim, CFA basis, win £25k: solicitor base costs + success fee (30%) = roughly £7,500–£10,000 total. If you lose, may pay base costs or write-off depending on agreement.

Bottom line: Most claimants cannot afford solicitor costs. This is why self-representation or union representation is so common.

Cheaper Alternatives to Solicitors

If you cannot afford a solicitor, you have options:

Start My Claim (Self-Help Tool)

Cost: £349–£399 one-off, per case.

Build your ET1, track deadlines, organize evidence. Far cheaper than a solicitor and guides you step-by-step through self-representation.

McKenzie Friend (Paid)

Cost: £200–£500+ per day.

A trained advisor helps you prepare and attend tribunal but does not represent you. Much cheaper than a solicitor and still provides expert guidance.

Trade Union Representation

Cost: Free to members.

If you are in a union (Unite, GMB, Unison, NEU), they provide free legal advice and representation. This is the best option if available to you.

Unbundled Legal Services

Cost: £200–£500 per task.

Hire a solicitor for specific tasks (drafting your ET1, advising on evidence, reviewing settlement) without full representation. Cheaper than hiring them for the whole case.

Acas mediators help you negotiate a settlement with your employer, avoiding tribunal altogether. Often saves money and time.

McKenzie Friend (Unpaid)

Bring a trusted family member or friend to tribunal. They provide moral support, take notes, and advise quietly. No legal expertise required, but they help calm nerves.

How to Assess Your Case Early

Before deciding whether to hire a solicitor, get free advice:

(0300 123 1100). Free call. Explain your situation. They will advise if you have a viable claim and what you might win.
for a free session with an employment advisor. They will assess your case and advise whether you need a solicitor.
Contact a law centre
if one exists in your area. Free or low-cost advice on whether you should hire a solicitor.
Get a solicitor's initial assessment
(often free). Many offer a free 30-minute consultation. Explain your case and ask if you need representation.

Once you have free advice, you will have a clearer picture of whether hiring a solicitor is worth the cost.

Litigants in Person: The Reality

Thousands of claimants self-represent in employment tribunal every year. Here is what the research shows:

Self-representation is not a death sentence. If you have a good case with clear evidence, you can win.
Employment tribunals expect self-representing claimants. Judges will explain procedure and help you follow the rules.
The process is designed for it.
Employment tribunal is not like civil court. Procedure is less formal, and complex legal arguments are not always necessary.
You can make mistakes.
If you miss a deadline, plead your case badly, or don't understand evidence law, you can lose. Being self-represented is risky.
You face a disadvantage against represented respondents.
If the employer has a solicitor, you are outgunned. Self-represent at your peril.

Ready to self-represent?

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Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.

ET Rules of Procedure 2013

Employment Rights Act 1996