Advice, negotiation and tribunal work: separate the scope

Turn a broad service description into deliverables

Ask what you will receive at the end of an initial engagement. That might be a discussion, written advice or comments on a document, but the provider should describe its own offer. Ask what material it will consider, whether follow-up questions are included and when further instructions would be needed. Do not assume that paying for advice automatically appoints someone to handle every later development.

For negotiation, clarify who contacts the employer, who drafts communications and how proposals are authorised. Ask whether the fee basis changes if discussions move into formal proceedings. A written scope should help you see where one stage ends and another begins, rather than requiring you to infer coverage from a heading such as employment support.

Distinguish conciliation from legal representation

Acas explains that its early conciliation service is impartial. It does not represent you, prepare your tribunal case, tell you whether your case is valid or give legal advice. Those limits matter when deciding what a separately instructed professional is expected to do. An official conciliator and your adviser have different roles, even when both are involved in the same dispute.

Acas is the relevant official signpost for England, Wales and Scotland. In Northern Ireland, the Labour Relations Agency provides early conciliation connected with the Industrial and Fair Employment Tribunals. Do not assume that forms, institutions or procedural descriptions are interchangeable across those jurisdictions. Ask the appropriate official service or qualified adviser about your position.

Ask about the hearing and what follows it

If tribunal representation is proposed, ask which preparation tasks and hearing attendances are included. Clarify who would appear, whether a barrister might be instructed and how that person’s fees would be agreed. Landau Law’s published funding information, for example, notes possible additional tribunal costs including barristers. That provider-specific example is a reason to ask, not evidence that all arrangements work alike.

Also ask about work after a decision, any appeal and any steps needed to obtain payment. The original engagement may not cover them. Ask about the process for agreeing extra work, the payment basis and who is responsible while a new engagement is being considered. This guide does not explain the legal merits of an appeal or recommend enforcement action.

• Initial assessment and written advice.
• Negotiation and settlement documentation.
• Preparation and attendance at each hearing.
• Appeals, payment issues and any further proceedings.

Record responsibility without inventing reassurance

Make a private table of tasks, named responsible people and the written document confirming the arrangement. Mark a task unconfirmed where nobody has accepted it. Sending an enquiry or receiving an automated acknowledgement is not the same as receiving confirmation that a professional is acting. Ask the provider when its responsibility begins and what remains for you to do.

There are strict and potentially complex tribunal time limits. Acas warns that internal grievance, disciplinary or appeal procedures do not change the time limit. Do not wait for a scope comparison to resolve before seeking timely official information or appropriate legal advice. Our checklist, optional website enquiry and downloads do not notify an official body, lodge proceedings or preserve your position.