No win no fee deal or a trap to pay for useless case assessment

William Slivinsky
Oct 19
5 min read

No doubt most people who’ve been dismissed look for no-win-no-fee to keep costs down. But in this high-volume market, mis-selling is common—and if you don’t follow the right process to spot a genuine, professional provider, you can lose even more money.

I’ll show you exactly how to spot red flags and how to tell if you’re dealing with a professional, honest provider. Why? Because no-win-no-fee is not risk-free, and you can still face high costs—not only when you win.

In this article we focus on a dishonest mechanism: pushing paid “in-depth analysis” on the promise of a no-win-no-fee deal. It’s not rare; it’s widespread. In the hope of securing the deal, people end up paying for a quote instead.

You’ve been dismissed. You Google “unfair dismissal no-win-no-fee solicitor.” You see the same bold line everywhere: “You pay nothing unless we win your case.” That’s the problem. Both the SRA (for solicitors) and the FCA (for claims management companies) warn that this kind of headline can be a red flag. No-win-no-fee is not risk-free—so how it’s advertised tells you a lot about whether you’re looking at a legitimate provider or someone selling paid products under a no-win-no-fee banner.

Don’t worry. I’ll show you exactly how to find a proper provider and avoid losing more money than you already have after dismissal. To see the pattern clearly, look at the example advert below—it’s a textbook setup for the paid-analysis trap.

SRA’s marketing warning says public-facing ads must not mislead; headline claims need clear, equally prominent caveats on costs/eligibility.

No-win-no-fee unfair dismissal trap

The advert example above illustrates what we should steer clear of. However, finding a perfectly SRA and FCA compliant advert without any issues is challenging. Therefore, instead of dismissing every advert that appears non-compliant, I suggest assessing the provider's honesty. In essence, don't shy away from every advert simply because it seems non-compliant; honest providers in this competitive market might just be following trends but still offer quality services. At the conclusion of this article, you'll find a step-by-step guide to help you determine if you're engaging with the right provider.

Nevertheless, what is not compliant in our example advert is the bold promise: “You will only pay us in the event that we win your case.” Be careful: No-win-no-fee is not risk-free and can still impose costs even if your provider loses. The SRA’s consumer guide says these deals aren’t automatically risk-free and firms must explain what you could still pay, before you sign.These can include: disbursements already incurred (barrister’s advice/brief fee, expert reports, medical records fees, courier/postage); ATE insurance premiums (if payable on loss); mediation/ADR fees; travel/printing/e-bundle costs; any non-refundable “assessment” fee you already paid; and, in rare cases, ET adverse costs (e.g., if you’ve acted unreasonably or proceedings are struck out for non-engagement, even due to illness). Therefore, “You will only pay us if we win your case” is not true.

The other big misstatement in the advert is this line: “In cases that are more complex or require an in-depth assessment, we will offer you a paid consultation with one of our solicitors.”That’s just a doorway to paid quotes. It suggests the free chat isn’t enough to decide if your case qualifies for no-win-no-fee. Let’s be honest: every case needs in-depth assessment, not only “complex” ones.

So here’s the mechanism: stick a no-win-no-fee label on the page, then switch you into a paid, no-obligation ‘assessment’. From a consumer point of view, the provider gets paid to quote with no risk to them—because you pay for it. Don’t pay unless you’ve got the scope, the written deliverable, a fixed price (incl. VAT), and refund/redo terms in writing.

No-win-no-fee deal — free consultation, or the next stage of the sales process?

Never expect a 30–60 minute free consultation to “fully assess” your case. It can’t. No skilled person can properly assess even a simple unfair-dismissal claim in that time. Use the free slot to confirm basic merits and next steps—and, crucially, whether those next steps are paid.

What to get from the free call

A plain-English view on basic merits (strong/weak/missing documents).
The next steps to reach a full assessment.
If the next step is paid, what you get in writing for any fee: scope, deliverable, fixed price (incl. VAT), and turnaround.

Red flag: If during or after the free chat they ask you to pay for a full consultation or buy online without sending a client care letter / pre-contract pack first — don’t pay.

Bottom line after the free call

It’s your choice whether to pay for an in-depth assessment. If you do and can afford it, don’t pay unless:

They confirmed in the free call that your case has potential merits for a no-win-no-fee arrangement; and
The client care letter clearly says the purpose of the paid work is to assess and confirm NWNF eligibility, with the scope, deliverable, fixed price (incl. VAT), and turnaround; and
The letter also offers alternatives: brief advice for self-representation and other lower-cost options (fixed-fee tasks, staged work, hybrids).

If any of that is missing, don’t pay — ask for it in writing first.

Template email (requesting client care letter and paid-assessment particulars)

Subject: Request for Client Care Letter and Paid Assessment Particulars (Written Confirmation)

Dear [Provider Name],

Following our initial consultation, and prior to making any payment for an “in-depth assessment,” I would be grateful if you would provide, in writing:

Client Care Letter / Pre-Contract Pack setting out:• the scope of the proposed work and the outcome/deliverable;• the fixed fee (inclusive of VAT) and any circumstances in which further charges may arise;• the anticipated timeframe and the name/role of the person responsible;• my responsibilities, and the complaints and regulatory information.
Paid Assessment Details (one page, plain English):• Purpose: to assess case merits and provide a provisional view on eligibility for a no-win-no-fee arrangement (yes/no/maybe, with reasons);• Deliverable: a written merits note (1–2 pages) which I may retain;• Documents to be reviewed: please list;• Fixed fee (inclusive of VAT) and turnaround; one round of clarification questions included;• Refund/redo terms if the deliverable is not provided as scoped or within the stated timeframe;• Confirmation that there is no obligation to instruct you thereafter and that you will not contact third parties without my prior written consent.