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Do I need a solicitor for an employment tribunal?
Published 02 February 2026
Do I need a solicitor for an employment tribunal?
If you’re heading for an employment tribunal, the chances are that no one else will know your case as well as you do, so do you really need a solicitor?
The process can be costly, and the legal fees for everyone involved can be extremely high.
With no guarantee that you will win your claim, one of the biggest dilemmas is whether you should pay for expert legal help for an employment tribunal hearing.
A Google search for ‘average cost to pay for a solicitor for an employment tribunal’ produced an AI‑generated answer suggesting that simple or straightforward cases could cost between £1,000 and £6,000 (e.g. unpaid wages, breach of contract), and that complex or lengthy hearings could cost up to £25,000. Hourly rates solicitors generally charge was said to be between £210 and £340+ per hour, depending on experience.
So, legal fees can be a major issue and a real barrier to justice for many individuals who feel they’ve been treated unfairly at work.
The tribunal system is designed so that anyone who wants to represent themselves at a hearing is actually able and permitted to do so if they wish.
Official government figures — Tribunal Statistics Quarterly: April to June 2024 — showed that nearly one in three tribunal cases were brought by Claimants with no legal representation (1) [Cited 2.2.26]
For people who choose to represent themselves, or feel they have no real alternative but to do so, the process can be daunting and complicated. So should you go it alone?
What is an employment tribunal and what does it actually do?
The Courts and Tribunals Judiciary describe employment tribunals as the part of the justice system that deals with workplace disputes (2) [Cited 2.2.26].
It’s the main place where disagreements between workers and employers are decided.
Ministry of Justice statistics show a significant rise in claims being made, with open caseloads of more than half a million (3) [cited2.2.26]
Those figures show the three most common types of tribunal claims (2024/25) were unfair dismissal (22 per cent - 23.7 per cent), breach of contract (14 per cent – 15 per cent) and disability discrimination (13 per cent - 14.8 per cent)
The idea of going to a tribunal and the legal proceedings involved can be daunting and unsettling. They are less formal than courts but evidence, deadlines and procedure all matter. And the outcome can have a major impact on your life and finances.
Do I need a solicitor and will I lose my case if I do not have one?
No, you don’t need one and you will not lose your case simply because you do not have legal representation.
A BBC news report provides a good and inspiring example of what can be achieved through self‑representation. It describes a case in which a mother of two represented herself, and a leading supermarket was ordered to pay her £60,000 for discriminating against her when she returned from maternity leave (5) [Cited 2.2.26] .
When you may not need a solicitor
It feels wrong to describe any legal proceedings as simple, but if your case is relatively straightforward and factual it can be perfectly reasonable to represent yourself. For example:
- Your employer didn’t pay you for a set number of hours.
- Your holiday pay was miscalculated.
- You were denied a statutory right (e.g., written payslips).
Such cases generally rely heavily on documents and straightforward evidence.
The idea of having to represent yourself can be intimidating, even in a setting that is more relaxed than a court. So, as well as being comfortable and confident in doing so, you will need to:
- Present your story clearly.
- Answer questions.
- Challenge the employer’s version of events.
If the idea of self-representation does not faze you, then doing it yourself may work for you.
If you are going to represent yourself, it’s always a good idea to go along and sit in the public seats at an employment tribunal hearing beforehand to see how the process works. This can be beneficial because it helps you understand the flow of a hearing and reduces uncertainty about what to expect on the day of your hearing.
The government website has a search section that will help you to find your nearest tribunal (6) [Cited 2.2.26].
When you need to seriously consider a solicitor
Discrimination
Inevitably some cases are just too complex or high‑risk to handle alone and without expert legal support.
Any type of unlawful discrimination claim can be legally challenging. You’ll need to:
- Prove a protected characteristic in accordance with the Equality Act 2010 (7) [Cited 2.2.26]
- Show unfavourable treatment as a direct result of such a characteristic.
- Understand the burden‑of‑proof rules
Such claims will usually succeed or fail on meticulous legal arguments.
Unfair dismissal
Unfair dismissal is when an employer ends someone’s employment without a fair reason or without following a fair and lawful process. Such cases require:
- Understanding the employer’s legal obligations.
- Analysing internal procedures.
- Assessing whether the dismissal was “reasonable.”
A solicitor can help you to build a strong and legally persuasive argument.
Your employer has legal representation
Having to argue your case against a solicitor or barrister acting for the other side can be intimidating because they’ll know how to:
- Challenge your evidence.
- Use procedural rules to their advantage.
- Negotiate settlements strategically.
In such situations having a fully trained legal professional on your side and fighting your corner could certainly be advantageous.
The financial stakes are high
If you’re making any of the following claims:
- Loss of earnings
- Injury to feelings
- Future losses
- Pension loss
…then having a solicitor can boost your chances of a fair award.
You’re unsure how to prepare evidence
The long build‑up to a tribunal hearing and the time it takes to get there, and the pressure of preparing all the documents on your own can be incredibly stressful, especially when you’re trying to manage it without professional support. Tribunals rely heavily on:
- Witness statements.
- Chronologies.
- Bundles.
- Legal submissions.
A solicitor can help to make sure that everything is presented clearly and professionally.
Benefit in having a solicitor
If you’re unsure what value a solicitor adds, here’s a quick breakdown.
- They help you understand your legal position.
- They manage deadlines and paperwork.
- They prepare your evidence.
- They negotiate settlements.
- They represent you at the hearing.
Five practical tips if you represent yourself
- Know your deadlines
Tribunal deadlines are strict, so you will need to ensure you submit your claim in time usually three months minus one day from the date of the incident.
- Prepare a clear timeline
Make your case as easy as possible to understand and structure it so it is straightforward to follow. A simple chronology helps everyone to understand your case.
- Keep your evidence organised
Emails, texts, payslips, meeting notes, everything matters.
- Write a strong witness statement
This is your story and version of events, in your own words. Don’t underestimate the importance of this as it can often be the most important document in the case.
- Stay calm and factual
It can be difficult to take the emotion out of the situation. Tribunals respond best to clarity and not emotion.
FAQs
So do I really need a solicitor for an employment tribunal?
No. You can represent yourself if you wish to do so.
But will having a solicitor improve my chances of winning my claim?
Often, yes. Particularly if your case is complex e.g. discrimination or unfair dismissal.
You can get legal aid for criminal cases, so can I get free legal help?
Legal cover on a home insurance policy can sometimes cover the cost for a tribunal case, some solicitors may take the case on a no-win-no-fee basis and Citizens Advice and law centres are good starting points.
What if the other side have a solicitor?
You can still represent yourself in this situation, but having your own legal support can help balance things out.
Can I switch to a solicitor later?
Yes you can. Many people start alone and bring in a solicitor as the hearing approaches.
Finally
You don’t need a solicitor for an employment tribunal but having one can make a real difference depending on your situation. If your case is simple and you’re confident presenting it, self‑representation is absolutely possible. But if the stakes are high, the law is complex, or your employer has legal representation, getting professional help is often the smarter move.
