Our employment law solicitors’ expertise

We are able to provide a full range of employment law services to employees. Our services include:

• Drafting and negotiating contracts of employment
• Settlement agreements
• Business (TUPE) transfers
• Unfair dismissal
• Constructive dismissal
• Discrimination claims

Contracts of employment

The terms on which you become an employee are hugely important for regulating the employer-employee relationship. As well as clearly setting out the parties’ expectations, a carefully crafted employment contract can minimise the risk of disputes (and where they do arise, provide the means to resolve them quickly and cost-effectively).

A suitable employment contract should cover matters such as:

• Job title and/or description of work
• Start date
• Salary
• Working hours
• Holiday entitlements
• Notice period

We can help you negotiate terms that are favourable to you as well as identify any potential areas of concern and provide advice about how to mitigate risk.

Settlement agreements

A settlement agreement could help an employee resolve a dispute with an employer amicably without the need for employment tribunal proceedings, saving the employee considerable time and stress.

Typically, the settlement agreement will formally end the employee’s contract of employment. The employer will usually agree to pay a sum of money subject to the employee agreeing to waive your legal claims.

Settlement agreements can be used to settle the vast range of employment law issues, including unpaid wages, redundancy issues, discrimination, unfair dismissal, and TUPE issues.

We can provide clear, practical advice about settlement agreements, including negotiating and drafting the terms on your behalf. For employees in particular, it is essential to consult a specialist settlement agreement solicitor because such an agreement will only be legally valid if the employee receives independent legal advice. We will ensure that your agreement fulfils the legal requirements minimising the risk of challenge later on.

Business (TUPE) transfers

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) The rights of employees must be protected if the employer transfers the business or part of the business to another individual or company.

TUPE advice for employees

If you are an employee, TUPE preserves the terms of your employment and protects your legal rights when your employment is transferred. We can provide advice about your legal rights, ensure your new employer does not breach your rights, and help you make a claim if your rights are breached.

Managing redundancies

We provide advice to employees on their rights and responsibilities in relation to redundancy. For employees, the redundancy process will typically be outlined in the contract of employment.

Redundancy advice for employees

If you are an employee who has been employed for at least two years, you are entitled to redundancy pay. You also have other legal rights such as the right take time off to look for a new job and the option to move to a suitable alternative job role.

An employee who is dismissed in breach of the redundancy procedure may be able to make an Employment Tribunal claim for unfair dismissal. The employee may also be able to make a claim as they were made redundant in breach of another of their employment rights, such as the right not to be discriminated against on the grounds of personal characteristics such as age, gender, or race.

Unfair dismissal

Employers must have a fair reason to dismiss an employee. If an employee is dismissed unfairly and they have been employed for at least 2 years, they may be able to make a claim at an employment tribunal.

Unfair dismissal lawyers for employees

If you suspect that you have been unfairly dismissed, we can help you explore your options for accessing compensation. Our service includes reviewing your employer’s dismissal procedures, providing advice on the reasons behind the dismissal, and liaising with your employer with the goal of reaching a suitable settlement.

If your dismissal was related to a protected characteristic such as age, gender, or race, we may also be able to help you make a claim for discrimination.

Constructive dismissal

Constructive dismissal occurs where an employer has breached an employee’s contract of employment or employment rights, forcing them to resign.

Constructive dismissal lawyers for employees

If you have worked for your employer for at least two years, or your employer’s breach relates to an issue such as discrimination, you may be able to make a claim for constructive dismissal. We can assist you whether you are thinking about resigning or whether you have already resigned.

In many cases, your employer’s breach will be obvious and simple to prove. However, we also have substantial experience finding evidence in less clear-cut cases to prove that your employer’s behaviour made your position untenable, amounting to constructive dismissal.

Discrimination claims

Under the Equality Act 2010, it is unlawful to treat an employee unfairly because of a protected personal characteristic such as age, race, sex, maternity and pregnancy, disability, religion and belief, sexual orientation, gender reassignment, or marital status.

Discrimination claims solicitors for employees

We regularly advise employees who have been discriminated against at work. We understand how frustrating, upsetting, and potentially humiliating being discriminated against can be. We will approach your case sensitively but practically with the goal of winning you the maximum amount of compensation possible and restoring your confidence.

Employment fees

Employment tribunal claims for Employees/workers

Our experts provide advice to employees on bringing claims before the Employment Tribunal against an employer for unfair dismissal or wrongful dismissal.

We will provide you with a clear assessment of how likely you are to win, how much you might expect to receive from the Tribunal if you are successful and what it will cost.

If you decide to go ahead, we will represent you, liaising with ACAS, the Tribunal and those advising your employer on your behalf.

Timings

Most claims begin with providing basic details of your claim to ACAS who will then contact your employer to see whether a negotiated settlement can be achieved.  This process is ‘Early Conciliation’.  This stage should usually take approximately 4 weeks.

If settlement cannot be achieved, then we will make a formal claim to the Employment tribunal on your behalf.  Claims for unfair dismissal are usually heard within 12 months of the formal claim being submitted to the Tribunal.  Cases involving matters such as discrimination, which can often be more complex, could take 12 to 24 months to complete.

Estimate costs

How much we charge will depend on a number of factors, such as the complexity of the matter, the amount of documentation involved and the cost of any third party instructed, to name a few. Our hourly rates range from £175 plus VAT for a paralegal/trainee to £300 plus VAT for a senior lawyer or partner.

• Straight-forward claims with a pre-trial hearing and Tribunal hearing not longer than one day will generally cost in the region of £7,000 to £12,000 plus VAT.
• More complex cases involving, for example, 3 or more witnesses, an expert witness, heavy documentation, with a pre-trial hearing and where the hearing lasts for two to three days are likely to cost £20,000 to £30,000 plus VAT.
• Equality Act 2010 claims tend to take longer to prepare for hearing, there may be two or more pre hearings and the hearing itself is often longer, potentially requiring expert evidence. As a guide, the hearing of an Equality Act 2010 case of medium legal complexity is likely to involve a hearing of four to five days, and involve costs of £40,000 to £60,000 plus VAT.

Please note that these indicative costs do not include the costs of a barrister representing you at the hearing which would be charged in addition.

We can agree to support you for all or only part of the process.  Throughout any tribunal claim we shall be actively seeking settlement with the employer on your behalf to minimise your costs.   You can decide at each stage whether you wish to continue.

What steps do our fees cover?

Most claims will follow a process which means our involvement can be broken down into the following stages:

• Taking your initial instructions, reviewing the papers, advising you on likelihood of success and likely compensation (this is likely to be revisited throughout the matter as further information is received)
• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached with the employer
• Preparing the formal claim
• Reviewing and advising on the response from your employer
• Reviewing and responding to correspondence from the Employment Tribunal
• (Equality Act only) Preparing for (and attending) a Disability Hearing (if required)
• Exploring settlement and negotiating settlement throughout the process
• Preparing a schedule of loss
• Preparing for (and attending) a Preliminary Hearing. Reviewing and identifying relevant documents with you, and exchanging them with the other party and agreeing a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing a bundle of documents
• Reviewing and advising on the other party’s witness statements
• Preparing for the Final Hearing which may include agreeing a list of issues, a chronology and/or cast list
• Preparation for and attendance at Final Hearing
• Advising you after the hearing in respect of the decision, whether in relation to any appeal or the enforcement of any award in your favour or in relation to any appeal (whether brought by you or the other side).

Defending Employers against Employment Tribunal Claims:

Our experts provide advice on defending your business against the whole range of claims brought before the Employment Tribunal by your employees.

Our service is tailored to each business’ need. We will discuss your situation with you to ensure we agree the correct approach.

Timings

If the claim is resolved through the Early Conciliation process this will usually be resolved within 4 weeks of the initial contact from ACAS.

If the claim proceeds, claims for unfair dismissal are usually heard within 12 months of the formal claim being submitted to the Tribunal.  Cases involving matters such as discrimination, which can often be more complex, could take 12 to 24 months to complete.

Estimated costs

We will take the time to understand your commercial situation and will not encourage you to defend a claim where you have little/no prospect of being successful.  We will discuss with you the time and expense you wish to commit and will recommend a course of action in line with this.

How much we charge will depend on a number of factors, such as the complexity of the matter, the amount of documentation and the cost of any third party instructed to name a few. Our hourly rates range from £175 plus VAT for a paralegal/trainee to £300 plus VAT for a senior lawyer or partner.

• Straight-forward claims with a pre-trial hearing and Tribunal hearing not longer than one day will generally cost in the region of £7,000 to £12,000 plus VAT.
• More complex cases involving, for example, 3 or more witnesses, an expert witness, heavy documentation, with a pre-trial hearing and where the hearing lasts for two to three days are likely to cost £20,000 to £30,000 plus VAT.
• Equality Act 2010 claims tend to take longer to prepare for hearing, there may be two or more pre hearings and the hearing itself is often longer, potentially requiring expert evidence. As a guide, the hearing of an Equality Act 2010 case of medium legal complexity is likely to involve a hearing of four to five days, and involve costs of £40,000 to £60,000 plus VAT.

Please note that these indicative costs do not include the costs of a barrister representing you at the hearing which would be charged in addition.

We can agree to support you for all or part only of the process.  A number of claims settle before the main hearing.

Where possible, we can provide you with a fixed fee for the stages of work we carry out.

What steps do our fees cover?

Most claims will follow a process which means our involvement can be broken down into the following stages:

• Reviewing the claim with you and taking detailed information from you, and reviewing documents so that we can advise you on the strength and weaknesses of the claim, and its potential value (this is likely to be reviewed as the case progresses in light of factual developments and further information received);
• Responding to any approach from ACAS through the Early Conciliation process;
• (Equality Act 2010) Assisting your decision on acceptance of Disabled Status
• Preparing the formal response to the claim;
• Exploring settlement and negotiating settlement throughout the process;
• Reviewing and responding to any correspondence from the Employment Tribunal;
• Reviewing and advising on any schedule of loss ( a statement setting out the potential value of the claim) from the employee;
• ( Equality Act 2010) Reviewing medical evidence, preparing for and attending Disability Hearing if needed
• Preparing for (and attending) a Preliminary Hearing, including agreeing a list of issues with the employee’s representatives;
• Agreeing with you whether to instruct Counsel, identifying the most appropriate barrister, and the stage at which this should be done;
• Preparing and delivering Brief to Counsel;
• Reviewing and identifying relevant documents and exchanging them with the other party and agreeing a bundle of documents;
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing and delivering the bundle of documents;
• Reviewing and advising on the other party’s witness statements;
• Preparation for the main hearing which may include agreeing a list of issues, a chronology and/or cast list;
• Preparation and attendance at Final Hearing;
• Advising you after the hearing in respect of the decision, whether in relation to any appeal or the enforcement of any award in your favour or in relation to any appeal (whether brought by you or the other side).

Get in touch with our employment law solicitors in Horsham, West Sussex

Get in touch with our employment law solicitors in Horsham, West Sussex by giving us a call or emailing info@lewisdenley.com