The following Practice Compliance guidance note provides comprehensive and up to date legal information covering:
This Practice Note explains how the damages-based agreement (DBA) regime operates for employment tribunal matters, including:
how DBAs work
how to calculate the payment due under a DBA
whether you need a risk assessment
The DBA regime is the product of ss 45–48 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), which amend s 58 of the Courts and Legal Services Act 1990 (CLSA 1990), together with the Damages-Based Agreements Regulations 2013, SI 2013/609 and relevant requirements in the SRA’s regulatory regime.
An employment matter, for the purpose of the DBA Regulations 2013, means a matter that is, or could become, the subject of proceedings before an employment tribunal. For a pure stress at work claim not also involving a claim for disability discrimination under the Equality Act 2010, see Practice Note: Damages based agreements (personal injury and clinical negligence). For contractual claims falling outside of the Employment Tribunal's jurisdiction, see Practice Note: Damages based agreements (general litigation or advocacy services).
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