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Employment

At iLaw, we specialise in providing employment law advice and assistance to both employers and employees. The strong reputation of our employment lawyers is built on providing pragmatic, commercially focused strategies and solutions to clients facing employment issues. Our employment team is formed of expert lawyers and supervised by Nick Hine.

For Employers:

We provide comprehensive employment law and HR support, including:

• Drafting and maintaining employment contracts, service agreements and HR policies and procedures to ensure they remain legally compliant

• Day to day advice and support for HR managers

• Advising on and enforcement of post-termination restrictions and protection of confidential information and intellectual property

• Negotiated exits, including the drafting of settlement agreements

• Redundancies and business restructures

• Defending claims brought by employees in the employment tribunals and civil courts

• Enforcement of post termination restrictions, including obtaining injunctive relief

• Due diligence, including the TUPE aspects of sales, acquisitions, mergers and outsourcing

• Dealing with workplace issues such as:

- Grievances

- Disciplinary and dismissal procedures

- Performance issues

- Long term sickness and frequent absenteeism

• Diversity and Equality and Discrimination

• Whistleblowing

• IR35

• Manager Training

For Employees:

Our services include:

• Reviewing directors’ service agreements and contracts of employment to ensure they reflect the offer of employment made and do not contain any hidden pitfalls

• Advising on and bringing a formal grievance against your employer

• Advising on and defending disciplinary, performance, capability and dismissal proceedings

• Negotiating exits and settlement agreements

• Advising on post-termination restrictions  

• Advising on team moves  

• Advising on discrimination issues

• Bringing a claim in the employment tribunal or civil courts against your employer including those relating to:

     - unfair dismissal

     - discrimination

     - maternity

     - whistleblowing

- Bonus entitlements

• Defending injunctive action brought by a former employer

Partners/Members

• Partnership advice and disputes

• Recruitment of Partners/members

• Advising on Partner/member departures

• Advising the Partner/Member in respect of their departure

Pricing for Employment Tribunal Services

The starting point for determining our charges is our hourly rate. We charge based on an hourly rate which varies depending on the member of staff dealing with your matter. Our lowest hourly rate is £150 and our highest hourly rate is £495. The seniority of the members of staff dealing with your case will depend on its complexity. We will discuss this with you when you instruct us. We will always consider with you the best approach for each project.

Our hourly rate (£):

  •  Director/Partner: 495
  •  Senior Associate: 375
  • Solicitor: 295
  • Trainee: 210
  • Paralegal: 150

Our Pricing Guidelines for our Employment Tribunal Litigation Services is based on our experience.

Please note that the vast majority of employment cases settle before reaching the tribunal, so our fees will not usually reach the levels set out below.

However, for cases that do reach the Employment Tribunal, our pricing for bringing  and defending claims for unfair or wrongful dismissal are between the following ranges:

  • Simple cases: £20,000 – £24,000 (excluding VAT charged at 20%)
  • Medium complexity cases: £25,000 – £39,000 (excluding VAT charged at 20%)
  • High complexity cases: £40,000 – £60,000 (excluding VAT charged at 20%)

Factors that could make a case more complex and could increase the overall cost are:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination which are linked to the dismissal
  • Not having all of the paperwork available, or having missing or incorrect information that needs investigation and correction
  • Third parties not responding to our communications promptly

There will be an additional charge for attending a Tribunal Hearing (whether a hearing on a preliminary issue or a final hearing should you require us
to do so) of £2,500 per day (excluding VAT charged at 20%). Generally, we would allow 1 – 3 days for a final hearing depending on the complexity of your case.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees (about £100 for each application). We handle the payment of disbursements on your behalf to ensure a smoother process, although we will usually require you to pay us in advance for any disbursements that we have to incur on your behalf.

Counsel’s fees are estimated at between £750 and £5,000 per day (excluding VAT charged at 20%, and depending on the seniority and experience of the advocate) for attending a Tribunal Hearing (including preparation).

Key stages

The fees set out above cover all of the work in relation to the following key stages of a claim:

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the
    matter and is subject to change);
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
  • Preparing your claim or response;
  • Reviewing and advising you on a claim or a response from the other party;
  • Exploring settlement and negotiating a settlement throughout the process;
  • Preparing or considering a schedule of loss;
  • Preparing for and attending a Preliminary Hearing;
  • Exchanging documents with the other party and agreeing a bundle of documents;
  • Taking witness statements, drafting statements, and agreeing their content with witnesses;
  • Preparing bundle of documents;
  • Reviewing and advising on the other party’s witness statements;
  • Agreeing a list of issues, a chronology and/or cast list; and
  • Preparation and attendance at a Final Hearing, including instructions to Counsel.

The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may alternatively wish to handle
the claim yourself and only have our advice in relation to some of the stages. This can also be arranged based on your individual needs.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 4 – 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6 – 9 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

Complaints about our service

If you have concerns about a particular matter we are dealing with we will make every effort to resolve those concerns with you. If we are unable to resolve your concerns informally, you can download our complaints procedure. If you are still not satisfied with our handling of your complaint, you may be able to take your complaint to the Legal Ombudsman. Details of who can complain to the Legal Ombudsman are available at the Ombudsman’s website, at www.legalombudsman.org.uk.  You may also complain to the Solicitors Regulation Authority at any time.  For more information please visit this page https://www.sra.org.uk/consumers/problems/

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