Problems at work can spiral out of control. We find the solution bearing in mind time, cost and other risks. Working with employers, directors and employees we offer plenty of experience used to anticipate arguments quickly.
We are always happy to discuss your requirements and provide a scope and fee estimate to pave a path for you. We look forward to speaking to you.
Reasons for picking us
We are boutique. What this means is that we focus on only core areas of business. Employment law is core for us. The focus brings several benefits for you:
- We are up to-date and know what we are doing.
- Our specialism helps to keep your costs down.
- We can review employment agreements, negotiate and settle disputes.
- Our clients tell us the blend of legal expertise along with commercial awareness in how to apply these skills is what makes us successful.
Providing the right solution
The types of solutions we are able to offer include:
- Dealing with aspects of the employment relationship from employment documentation, contracts, policies, restrictive covenants.
- Helping employees negotiate their settlement agreements
- Looking at employee share incentives.
- Managing the process of termination of employment aiming for an amicable conclusion which we do find in most cases.
- Specialist corporate law expertise in dealing with director and employee minority shareholders.
- Analysing commercial risks for corporate transactions involving the transfer of employees under TUPE transfers.
- Helping employers with immigration law concerns such as sponsorship licences and skilled workers wanting to work in the UK.
Claims in the Employment Tribunal
We offer cost-conscious advice that is practical and creative. We can advise you throughout the claim and often represent clients in the Employment Tribunal. Whether you are an employer or an employee the advice is the same – try and resolve the case outside of court. There are a number of reasons for this sage recommendation including:
- You will never recover your legal fees even if you win. There are limited exceptions but they are limited. You will have to budget for no recovery in practice. The costs of an average case in the Employment Tribunal can easily reach £30,000.
- The outcome of any litigation is always uncertain. Evidence has a tendency to come to light at the last minute which can entirely re-shape a case. These risks are eliminated under the settlement or compromise agreement route.
- Most claims to an Employment Tribunal are subject to a three month less one day time limit from the date of termination. You have to act quickly.
- Mediation can be an incredibly successful and a cheaper alternative.
Best chance of success
Experience tells us that the best chances of success follow for those who are prepared. You need to present as if you are prepared to go “all the way” (even if your strategy is to ultimately settle). This does require front loading costs to some extent in the hope the costs of settlement for employers are lower and for employees higher as a result of initial preparation. We will take you through what good preparation for your case means. It is likely to include:
- Management and collation of the evidence. You need witness statements from those most able to influence the outcome you seek by providing evidence which is on point and constructive.
- A critical assessment of “bad” evidence. Advance planning will enable you to stay on track.
The Employment Tribunal is likely to be sympathetic to employees who often find that fellow workers are not prepared to risk their jobs to support another employee.
Making a claim to the Employment Tribunal
In 2017 the Government abolished Employment Tribunal fees which were introduced in 2013. The fees prevented or repelled thousands of employees from making claims to the Employment Tribunal. The abolition of the fees has led to a soar in employment claims being made.
For employers – the chances of a claim being brought in the Employment Tribunal are now higher than was previously the case. This means employment law practices have to be kept under review to help minimise the risk.
For employees – if we think that it is necessary to proceed to litigation our employment law specialists will help you build the strongest case possible. To make a claim you have to submit a claim form to the Employment Tribunal and there are time limits. If the claim is not well presented and clear you run a risk that the claim is kicked out at the early stages.
Remedies available under employment litigation
If the Employment Tribunal finds that an employee was unfairly dismissed it may consider:
- Re-instatement of the employee into his role or a suitable alternative role – this is an uncommon remedy as it is often not a workable solution; or
- Ordering that the employer pays the employee compensation. Compensation is based on loss of earnings so varies according to age and occupation. If there has been a finding of discrimination the compensation can be uncapped and the award much higher than would be the case for say unfair dismissal.
Calculation of compensation payable for unfair dismissal
There is a cap on the maximum award an Employment Tribunal can make. following a finding that an employer unfairly dismissed an employee.
The basic award for unfair dismissal is calculated according to a formula based on the employee’s age, length of service and weekly pay. The basic award is increased annually. From 6 April 2018 the maximum basic award is £15,240.
The compensatory award is not based on a formula but takes into account the financial loss suffered by the employee as a result of the unfair dismissal. The tribunal will consider loss of immediate and future wages, benefits, bonuses and pension rights. In most cases there is a cap on the maximum compensatory award. From 6 April 2018 the maximum compensatory award is £83,682.
Reductions to compensation for unfair dismissal
We can tell you before you make a claim to the Employment Tribunal if any compensation awarded could be subject to a reduction. A compensation award may be reduced for certain reasons, including any contributory fault of the employee.
Where an employer has failed to follow a fair procedure when dismissing an employee the Employment Tribunal may reduce the amount of compensation. This is to reflect the fact that had the employer followed a fair procedure, the decision to dismiss would be unchanged. This does not mean that the dismissal was fair.