terms and conditions

Terms and Conditions

1. Definition of Terms

You/Your Refers to you as the user of our services and includes anyone on behalf of whom you act when using our services.

We/Us/Our Tribunal Action a trading title of Action Direct (UK) Limited. Registered office: Fields House, Bocam Park, Pencoed, Bridgend, CF35 5LJ, and where applicable to its officers, employees and authorised agents.

Our Website tribunal-action.com and any other website address we may use in addition to or substitution of it.

No Win No Fee A conditional fee arrangement in which you will only incur fees if there is a favourable outcome.

Interim Review Stage The period of time between payment of the fee for the No Win No Fee Review and the decision whether to provide NWNF Tribunal Representation, Mediation and Case Management.

2. General

This document outlines the only Terms of Agreement under which we are willing to provide our services to you. This agreement is governed by the laws of England and Wales and defines the total agreement between us. Nothing spoken or implied by any individual whether an officer, employee or authorised agent of our, shall have the effect of modifying these Terms of Agreement

3. Our Services

A client care letter will be issued on purchase of one of our packages, fully outlining the scope of the services we have agreed to provide.

If you purchase a package which entitles you to have Tribunal Representation, Mediation and Case Management this may be offered on a NWNF or fee paying basis. Where we have provided a NWNF service we will receive a fee for our services once a financial award of compensation or settlement has been secured in your favour.

Where a package has been purchased that does not include Tribunal Representation, Mediation and Case Management, we will not go on record as your representative at Tribunal and will not be responsible for fulfilling any case management orders or case management discussions that are issued by the Tribunal.

Where we have agreed to conduct a NWNF review, if you have not received notice that we will provide you with Tribunal Representation, Mediation and Case Management and you have 28 days before your case, then we will not be representing you or providing you with case management services.

4. Delivery of Our Service

Where applicable we will conduct a full review of your case and assess whether it has sufficient merit to warrant us providing Tribunal Representation, Mediation and Case Management on a No Win No Fee basis.

For all our Tribunal Representation, Mediation and Case Management packages, we will attempt to secure favourable settlement with your (ex-) employer or the subject of the originating application. Additionally we will assist, if considered cost effective and necessary, with the enforcement of any settlement agreements.

If we conduct your service on a NWNF basis then if we secure an award of compensation or settlement sum in your favour, we will retain 30% +VAT of any settlement sum or award. Additionally, if you are re-instated we retain 30% +VAT of any back pay but not any future earnings. If no award of compensation or settlement is made then no fee is recovered by us. If you take any action that excludes our involvement at any stage and you recover a sum of money, whether through an award of compensation, settlement sum or sums of money derivable from a compromise agreement, 30% +VAT of any sum of money will be payable to us. If you refuse to accept a reasonable offer of settlement against our recommendation then 30% +VAT of the amount offered as settlement is payable to us by you, the client.

5. What we will not do

We will not check or verify the information you provide to us unless we are under legal obligation to do so. We will rely on the information provided by you to us as being true, accurate and complete.

We will not fulfil any case management orders issued by the Employment Tribunal unless we have agreed to provide Tribunal Representation, Case Management and Mediation on a NWNF or paid basis.

We will not appear before the Employment Tribunal, whether telephonic, in person or otherwise in relation to any hearings unless we have agreed to provide Tribunal Representation, Case Management and Mediation on a NWNF or paid basis.

We will not communicate with the Employment Tribunal in regards to any matters, including those mentioned above unless we have agreed to provide Tribunal Representation, Case Management and Mediation on a NWNF or paid basis.

We will not accept any liability for any loss suffered by you by entering into this agreement and specifically:

• In the event that no compensation or settlement is paid to you by your (ex-)employer or any other parties associated with your claim.
• In the event that the action of Tribunal Action cause direct or consequential loss to you.

6. Your Agreement

In order to fulfil our services you agree that you:-

• Authorise us to confer with ACAS (Arbitration and Conciliation Advisory Service);
• Authorizing us to communicate directly with your (ex-) employer;
• Will provide written authorisations to ACAS and your (ex-) employer to enable our attempts to settle your employment matters.

You agree not to misinform or withhold information from us and also to provide us with all relevant documentation that relate to the legal and factual issues presented within your employment tribunal claim.

7. Termination of Agreement

If for any reason you wish to cancel your agreement with us you may do so within 7 days from the date of requesting our service and we will return to you any fees paid to us. If you wish to cancel your agreement after 7 days, you will not be eligible for a refund of any fees paid to us. In order to cancel this agreement or to lodge a complaint you must provide us with notice by completing our feedback form found at the following website address: www.tri-qcman.com. Once we have received your request, our complaints officer will write to you within 14 calendar days in conjunction with your refund request.