The first question is whose side they are on
Most firms act for employers, because employers pay retainers and individuals appear once. That is not a criticism, but it decides two things:
Conflict. A firm acting for your employer cannot act for you. Larger firms carry longer client lists, so the conflict check matters more the bigger the firm is. Do it before you disclose anything.
Instinct. Employer-side practices are built around risk and process. Claimant-side practices are built around leverage and what a tribunal will actually award. Both are legitimate skills. Only one of them is yours.
What to establish in the first call
- Which side do you mostly act for, and is there a conflict?
- What is the fee for this first conversation? Three firms here publish it.
- What is my deadline? Most claims die three months less one day after the event, and no amount of good advice recovers a missed limitation date.
Red flags
- No conflict check offered before you start describing your employer.
- A firm that will not give you a range for the whole matter, only an hourly rate.
- Encouragement to lodge a tribunal claim before ACAS early conciliation has been attempted.
- Any suggestion that costs will be recovered if you win. In the employment tribunal they usually are not, whoever wins.
- A settlement agreement meeting where nobody asks whether the employer's contribution covers the work actually needed.
When you do not need a solicitor
If you have been offered a standard settlement agreement on reasonable terms and you are content to take it, the meeting is a formality your employer is paying for. Turn up, get the advice, sign it.
ACAS runs a free helpline and its guidance on dismissal, redundancy and discrimination is genuinely good. For a straightforward unpaid-wages or holiday pay claim of a few hundred pounds, the tribunal is designed to be usable without representation.
Pay for a solicitor when the sums are large, when discrimination is in play because the compensation is uncapped, when you are senior enough for covenants to bite, or when the other side has lawyers and you do not.