Employment law for individuals

To deal with an issue at work can be one of the most stressful experiences an individual can face. David approaches such matters in a firm, yet pragmatic, manner. Typical employment law issues faced by individuals include:

• disciplinary and grievance procedures
• sickness absence
• capability procedures
• settlement agreements
• redundancies and reorganisations
• unfair dismissal
• discrimination and harassment
• equal pay.

David provides a variety of charging options, allowing clients to control and budget for legal costs:

Free helpline – whenever you face an issue at work, please call David. You will not be charged for the initial telephone advice. If the matter cannot be dealt with in the initial call, David will discuss his charges with you.

Pay as you go – David recognises that a major reason for people not consulting solicitors is the fear of legal costs. David will be open and transparent about his charges and will work with you to apply a charging structure that suits you. Estimates will be given in all cases. In some cases, a fixed or capped charge might be appropriate. All cases (except for insurance and no-win, no-fee cases) are invoiced monthly so you can keep an eye on the costs that have been incurred.

Insurance cases – many individuals have the benefit of legal expenses insurance that will invariably cover employment tribunal cases. This is often bolted on to home, contents or motor insurance or is included with banking or credit card facilities. If you have such insurance, you are entitled to instruct a solicitor of your choice. You should call the insurance helpline as soon as you need legal advice and inform that you would like to instruct David. If your case has at least a 51% chance of success, you should be covered by the policy.

Settlement agreements – David has substantial experience of advising clients who have been presented with a settlement agreement by their employer. Such situations can range from simply signing off an agreement, the terms of which have been agreed in principle between the client and their employer, right through to negotiating an improved package. David’s fees for advising with regard to a settlement agreement start at £420 (£350 plus VAT) but would obviously be more if negotiation as to the severance package and/or the terms of the agreement were required.

Employment tribunals – David also has substantial experience in bringing claims to the employment tribunal. Please see the “About” page for the details of David’s experience and qualifications. His pricing for bringing claims for unfair and wrongful dismissal, culminating in a one-day tribunal hearing, is in the region of £9,000 and £12,000 (£7,500 and £10,000 plus VAT).

Factors that could make the case more complex include:

• If it is necessary to make applications to amend claims or to provide further information about an existing claim.
• Complex preliminary issues such as whether you are disabled (if this is not agreed by the parties).
• If it is an automatic unfair dismissal claim (e.g. whistleblowing).
• If there are allegations of discrimination which are linked to the dismissal.
• The number of witnesses and documents.
• Making or defending a costs application.

There would be an additional charge for attending a preliminary hearing or a full hearing of more than one day. The additional charge would be between £1,800 and £2,400 (£1,500 and £2,000 plus VAT).

Generally, David conducts advocacy at any tribunal hearing himself. However, if a barrister is instructed, the barrister’s fees are likely to be between £1,200 and £3,000 (£1,000 and £2,500 plus VAT) per day, depending on the experience of the barrister.

Any travel expenses to tribunal hearings would also be chargeable.

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 ACAS Early Conciliation to explore whether a settlement can be reached.
• Preparing claim to be filed at the tribunal.
• Preparing a schedule of loss.
• Exchanging documents with the other side and agreeing a bundle of documents.
• Drafting witness statements.
• Reviewing and advising on the other side’s witness statements.
• Agreeing a list of issues, chronology and/or cast list.
• Preparing and attending at final hearing, including instructions to any barrister.
• Exploring and negotiating settlement throughout the process.

The stages set out above are an indication and, if some of the stages are not required, the fee will be reduced. You may wish to handle the claim yourself and only take David’s advice in relation to some of the stages – this can also be arranged on your individual needs.

The time that it takes from taking your initial instructions to the conclusion of the matter depends largely on the stage at which the case is resolved. If settlement is reached during pre-claim conciliation, the case like to stage between two and four weeks. If the claim proceeds to a final hearing, the case is likely to take between 9 and 18 months – it will finish sooner if it settles before a final hearing but will take longer if a preliminary hearing is required or if the final hearing is to last for more than one day. This is just an estimate and David will of course be able to give you a more accurate timescale once he has more information and as the matter progresses.

No-win, no fee cases – in exceptional circumstances, David might be prepared to represent you on a “no-win, no-fee” basis. No fee would be payable if the case is lost. If the case is successful or settles, David’s fee would be a percentage of the compensation you receive (up to 35% including VAT). Whether David would represent you on this basis and, if so, on what terms will depend on a variety of factors to be discussed with you.

Legal aid – Legal aid is not available in most work cases except for discrimination. David does not undertake legal aid work.

For more information contact David Parry on 01993 848247 or by email on david@parryemploymentlaw.com