Employment Law Solicitors
For both personal and business clients.
What is employment law?
There are a number of pieces of legislation that cover employment issues, everything from dismissals and discrimination to tribunals and TUPE. This means it can be a particularly challenging area of law.
You can expect to receive advice and guidance on a whole range of issues, as well as, if required, representation at the Employment Tribunal. Here at Mullis & Peake LLP, the employment law team has many years of experience dealing with all aspects of employment law.
What employment law areas do we cover?
Employment Law Enquiry
Fill out the form and a member of our team will get in touch to discuss how we can help.
What is employment law?
There are a number of pieces of legislation that cover employment issues, everything from dismissals and discrimination to tribunals and TUPE. This means it can be a particularly challenging area of law.
You can expect to receive advice and guidance on a whole range of issues, as well as, if required, representation at the Employment Tribunal. Here at Mullis & Peake LLP, the employment law team has many years of experience dealing with all aspects of employment law.
What employment law areas do we cover?
Discrimination
The Equality Act 2010 is the basis of discrimination law in the UK. The Act states that it is unlawful for an employer to discriminate against an employee by reason of any protected characteristics.
Disciplinary Hearing
A disciplinary hearing will take place when there are issues with an employee’s conduct in the workplace. The purpose of the hearing is to explore the allegations against the employee, hear any relevant evidence, listen to the employee’s explanation and make a decision as to the sanction (if any) to be applied.
Employee Legal Advice
In any of these situations, taking expert advice at an early stage can often prevent a problem from escalating. Our solicitors will endeavour to find the best, and most cost-effective advice for you.
Redundancy
A disciplinary hearing will take place when there are issues with an employee’s conduct in the workplace. The purpose of the hearing is to explore the allegations against the employee, hear any relevant evidence, listen to the employee’s explanation and make a decision as to the sanction (if any) to be applied.
Settlement Agreements
A settlement agreement is a legally binding contract, made between an employee and an employer, bringing the employment to an end on agreed terms.
Tribunal Representation
Navigating a claim in the Employment Tribunal can be confusing, stressful and time consuming. Filling out the form to issue a claim is only the start. Once a claim is defended, there may be a preliminary hearing, and the Tribunal will issue “directions” which tell the parties when and how they need to exchange evidence.
Unfair Dismissal
There are 5 potentially fair reasons for dismissing an employee:
- Capability or Qualifications
- Conduct
- Redundancy
- Statutory restriction
- Some other substantial reason
Whilst these may seem quite straightforward, dismissals are a minefield for employers. A fair procedure must be followed (even in the most clear-cut cases of gross misconduct) or the employer is at risk of a claim for Unfair Dismissal.
Commercial Employment Disputes
Employment law is one of the key areas for concern for our business clients. Unfortunately, many businesses will at one time or another find themselves needing employment law support and advice. Our experienced team is here to assist you and provide rules and advice on keeping redundancies fair.
Recent cases
In the last year, the employment team have worked on a number of cases, which includes:
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- Advised a large leisure organisation on a gross misconduct dismissal.
- Acted as an independent legal adviser to numerous clients in relation to settlement agreements.
- Enforced post-termination restrictions against former senior employees of a major engineering firm.
- Drafted employment contracts for the senior management team of a facilities management company.
- Advised employees in relation to claims for disability discrimination and sex discrimination.
- Acted for an employee in a claim for an unlawful deduction from salary.
- Assisted a retail client with a large-scale redundancy exercise.
- Advised the buyers of a food business in relation to the TUPE transfer of several employees.
The team covers all areas of employment law, get in touch with us today to take legal action.
Frequently asked questions
Simple case: £15,000 - £17,500 (plus VAT charged at 20%)
· Typically, 1-2 days in the Employment Tribunal
· No more than one witness for each party
· No allegations of discrimination
· Less than 25 documents per party
Medium complexity case: £17,500 - £50,000 (plus VAT charged at 20%) High complexity case: £50,000+ (plus VAT charged at 20%) The above is a general guidance of our costs; we will of course provide you with a bespoke cost estimate once we have a clearer understanding of your matter. There may be an additional charge for your solicitor/a member of the employment team attending a Tribunal Hearing of up to £1000 per day (plus VAT charged at 20%).
· Any appeals made at the Employment Appeal Tribunal;
· Any Court fees; currently there are no Employment Tribunal fees to be paid to bring or defend a claim, however if the law changes on this point, we reserve the right to amend our fees;
· Any other employment claim or response, stand alone or otherwise;
· Dispute employment status;
· Additional conferences with your barrister (these are typically for medium to high complexity cases);
· Any fees/costs for engaging experts e.g. translators, medical, IT experts;
· Travel time;
· Judicial mediation/Alternative Dispute Resolution;
· Insurance liaison.
· That the case involves one claimant and one respondent;
· That all parties are represented by solicitors;
· That English law applies and that your case will be heard by an Employment Tribunal in England.
· There are many factors that could make your case more complex, and as a result increase your costs. If any such matters are identified by your solicitor these will be discussed with you and you will be given information about how those issues will increase our fees.
“Disbursements” are fees that we have to pay to other organisations on your behalf. In addition to our charges there may be the following expenses:
· Where required, barrister's fees are estimated between £900 - £2000 plus VAT per day (depending on experience of the barrister) for attending the Tribunal Hearing (including preparation);
· Travel expenses to the tribunal and to meetings;
Currently there are no Employment Tribunal fees to be paid to bring or defend a claim, however if such fees are introduced by the Government, then they would be payable in addition.
· 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 early conciliation with ACAS to explore whether a settlement can be reached;
· Preparing claim (for the employee this means drafting and submitting the claim form which outlines the case and the nature of the dispute) or response (for the employer this means drafting the response form when a claim has been made);
· Reviewing and advising on claim or response from other party;
· Exploring settlement and negotiating settlement throughout the process;
· Preparing (if acting for the employee) or considering (if acting for the employer) a schedule of loss (a detailed statement of the losses that the employee has incurred to date and thereafter assessing future losses);
· Preparing for (and attending) a Preliminary Hearing or a Case Management Conference;
· 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 statement;
· Agreeing a list of issues, a chronology and/or cast list (who is attending the tribunal hearing);
· Meeting with the barrister to discuss the claim prior to the Final Hearing;
· Preparation and attendance at the Final Hearing, including briefing the barrister;
The stages set out above are an indication and if some of the stages above are not required, the fee will be reduced.
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 a few weeks to a year.
If, however, your claim proceeds to a Final Hearing (where the decision on the claim is made), your case is likely to take between 18 months and two years. Timescales depend, to a large extent, on how busy the particular Employment Tribunal is. We will of course be able to give you a more accurate timescale for your own case once we have more information and as the matter progresses.
For an employer, using an employment law solicitor could prevent any employment tribunal claims from being brought against you. For an employee, although you can represent yourself in the tribunal, it can be quite complicated and really daunting. Using a solicitor gives your claim the best chance of success.
Mullis & Peake have a specialist team in employment law ready to help you. Contact us online today or call us on 01708 784000.
Alternatively, request a call back to have one of our people contact you at a time that suits.