What happens if I lose?

Losing can mean two things:

  1. If you fail to prove your case, you get no damages or compensation and you are liable to pay your opponent's legal costs. This is why you may need legal expenses insurance.
  2. If your employer had offered to settle out of court and you then fail to get awarded a higher sum in court (described as beat the offer), you pay all your costs and all your employer's costs from the date of their payment offer until the end of the case. The costs of a trial may come to one-third of the total costs of the case. So failure to be awarded a higher sum in court than an offer made close to the trial date can wipe out the amount of your compensation, even in a big-value case.
Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.

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