Are you concerned about unfair or wrongful dismissal? Need redundancy advice, worried about settlement agreements, think you’re suffering  discrimination at work?

We can provide you with expert advice and guidance at MHHP, our experienced employment law solicitors resolve all types of employment or workplace issues, working hard on your behalf. Employment Law is often a complex and confusing process, we specialise in unravelling the intricacies of employee or employer disputes, helping to achieve the best results, whilst delivering a satisfactory outcome for our clients.

MHHP Solicitors are here to guide you and help you find the right resolution for place of work grievances. Whether you are an Employer or Employee we are here to assist with the following areas of Employment Law:

• Settlement Agreements
• Advising on and drafting Contracts of Employment
• Representing you during your dispute in the Employment Tribunal
• Discrimination and disability claims
• Wrongful Dismissal
• Unfair Dismissal
• Redundancy
• Restrictive covenants

 

Settlement Agreements

Settlement agreements often follow on from ‘without prejudice, ‘off the record’, or ‘protected conversations’ between employer and employee.  As an employee you may feel unsure about the steps in the process.  We can advise and guide you through the process.

In order for a settlement agreement to be legally binding, it is a requirement that the individual seeks professional legal advice and for their chosen representative to sign an ‘Adviser’s Certificate’. Our legal fees will vary depending on how much the terms of the proposed agreement need to be negotiated to best suit your needs but your employer will typically make a contribution towards those fees. If the contribution offered is unusually low and below what we would expect, we can approach your employer and ask for an increase. As a guide only our fees on this work are likely to be between £500 and £900 plus VAT @20% and the contribution of the employer is likely to be between £400 and £600 plus VAT @20%

We will provide advice to achieve the right outcome, and endeavour to turn what may seem like an insurmountable problem at work into a solution that works for you allowing you to focus on the future.

The key feature of a settlement agreement is the offer of financial compensation in return for you giving up your right to bring a claim against your employer. You do not have to enter into a settlement agreement and quite often the terms can be negotiated although there is no guarantee that an employer will engage in negotiations. If you believe you have a claim against your employer/employee, really think before you sign, as there is no going back.

Here are the terms which you are most likely to see included in a Settlement Agreement:

• Date of Termination / Arrangements for last day at work / Garden Leave;
• Payment of accrued untaken annual leave to the Date of Termination;
• Payment of all Salary and Contractual Benefits to Date of Termination;
• Provision for payment of any due / outstanding bonus or commission payments;
• Notice Period – whether worked or being paid in lieu of notice (PILON);
• Payment In Lieu of Benefits (during notice period) (PILOB);
• Specification of Compensation (amount, statutory redundancy pay element, instalments if any and when payment will be made)
• Repayment provisions in event of breaches
• Clarification that the first £30,000 of any compensation element is usually payable without tax and national insurance deductions from the employee. There is likely to be an indemnity required by the employer from the employee for any future /further tax or national insurance liabilities on the sum.
• Return of company property (including any agreed retention of laptops / mobile phones / mobile phone numbers)
• References ( in agreed format)
• Departure announcement (in agreed format)
• Provision regarding any shares/share options/schemes
• Waiver of claims against your employer with the following exclusions:
• Claims in respect of accrued pension entitlements
• Claim to enforce the settlement agreement
• Personal injury claims which you are not aware of and could not reasonably be expected to be aware of at the date of the agreement.
• Legal Fees
• Confidentiality and Post Termination Restrictions
• Confirmation that there is compliance with the conditions which regulate settlement agreements under the law.

Unfair or Wrongful Dismissal – Employment Tribunal Process – Key Stages and Timescales

Our pricing for bringing and defending claims for unfair or wrongful dismissal

If we are taking your case through the tribunal process our fees are likely to be:-

• Simple cases – £2,500 – £4,000 plus VAT@20%
• Case of medium complexity – £5,000 – £10,000 plus VAT20%
• High complexity cases – £7,500 – £20,000 plus VAT@20%

We will always provide a clear estimate of costs at the outset and keep you informed of any changes as your case progresses.

We charge based on an hourly rate which varies depending on the member of staff dealing with your matter. Our lowest hourly rate is £140 and our highest hourly rate is £280. 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.

Factors that could make a case more complex:

• 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

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel’s fees estimated between £3000 to £6000 per day excluding VAT@20% (depending on 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 subject to change)
• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
• Preparing claim or response
• Reviewing and advising on claim or response from other party
• Exploring settlement and negotiating 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
• Preparation and attendance at 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 wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged 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 6-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 12-15 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.

We can provide you with expert advice and guidance at MHHP, our experienced employment law solicitors resolve all types of employment or workplace issues, working hard on your behalf. Employment Law is often a complex and confusing process, we specialise in unravelling the intricacies of employee or employer disputes, helping to achieve the best results, whilst delivering a satisfactory outcome for our clients.