Real Employment Law Advice

Employees

Services for Employees

Below you’ll find the list of services we offer for employees, as well as transparency around the costs and terms which we operate on. If you’d like to discuss these further please book a callback with one of our solicitors.

Legal Disputes

We provide support and advice on what you can do if you feel you are being bullied or harassed at work. We will explain your legal rights and options, but also listen to what you want to achieve and focus on practical solutions to reduce the stress and worry to you. 

We will help you to understand your contract of employment and what to do if your employer has failed to do something, or has done something, in breach of the contract.

We provide help, support and advice on what you can do if you feel you have been treated unfavourably at work because you have a protected characteristic. We can discuss your legal rights and provide practical advice on the steps you can take to remedy the issues either to remain at work and/or take matters further should you wish. We can represent you in the Employment Tribunal with a claim for discrimination.

We provide help support and guidance on the next steps that are available to you if you are dismissed from your job, whatever the reason for your dismissal.

We can review the terms you have been provided by your employer and explain the content of the terms with you. We can flag the issues that you need to be aware of and assist you with negotiating the terms before you agree them. It is much easier to negotiate the terms and deal with issues that arise when the terms are presented to you than have to wait until later in the employment relationship. This is very important when it comes to post-termination restrictions and notice periods, particularly if you are in a senior role and the restrictions are more onerous. 

As we are specialist employment law solicitors, we are experts in dealing with Employment Tribunal claims. We are able to represent you and/or assist you in making a claim against your employer in the Employment Tribunal. From the very start of the process with ACAS Early Conciliation and preparing your claim form through to representation at the final hearing. We will advise you at every step of the case about the strengths and weaknesses of your case as well as ensuring you understand the Employment Tribunal process. 

You may have legal expenses cover in a personal, home or other insurance policy which will pay for your legal costs if you find that you have to make a claim in the Employment Tribunal. We can represent you under insurance funding and liaise with your insurers to help you. As a consumer you have the right to stipulate that you would like to use your own representative rather than the one assigned to you by the insurer.

If you have been told that you job is at risk of redundancy or you have been given notice of redundancy then we can provide you with support and advice on your legal and practical options. We can also advise you if you have a claim for unfair dismissal and if the process followed by your employer complies with the legal minimum requirements. 

including post termination restrictions

We can advise you about the impact and whether such restrictions are enforceable either at the start of the contract or if you are looking to move on to a new employer.  If you are planning on setting up your own business after leaving employment, we can also advise you on the impact of any restrictions, so you avoid costly legal claims. 

If you have been offered a settlement proposal and/or agreement by your employer we can advise you on the terms and effect of the document. As specialist employment solicitors we can analyse your potential claims and advise you on the value verses what your employer is offering. We can also help you get a deal that works for you, where a non-specialist solicitor may not have the expertise to do so.

We provide help, support and advice on what you can do if you feel you have been treated unfavourably at work because of your gender. We can also advise you on your rights and remedies available if you have been the victim of sexual harassment at work. We can discuss your legal rights and provide practical advice on the steps you can take to remedy the issues either to remain at work and/or take matters further should you wish. We can represent you in the Employment Tribunal with a claim for discrimination and/or harassment.

When you are suspended it can be a shocking experience and very stressful. We can provide support and advice on your options. How to defend yourself against allegations and ways to help you get back to work as soon as possible. We also have a DIY Toolkit available to purchase for £36 if you want detailed guidance and template letters to help resolve the situation as quickly as possible.

If your employment is ended by your employer and there is no legitimate or fair reason for doing so, we can advise you on your rights and help you to make a claim for compensation against your former employer. We can hold your hand through the process if you want to do it yourself and/or represent you throughout the process and all the way to the final Employment Tribunal hearing.

Other Services

You have a number of rights under various legal provisions and it can be tricky to navigate the various rights and requirements. We can help you work out what options you have and the practical steps to work with your employer so that you can utilise your parental rights. 

We can advise you on maternity, paternity, adoption, parental leave, shared parental leave and flexible working rights at work. 

If you are having issues at work with your employer and/or a colleague then it is important to consider, where possible, raising a formal grievance to try to resolve the issue. We can help you with advice on when it is the right time to raise an issue formally, the steps you need to take and the process you’re your employer should follow. In addition, we can even help to write the grievance for you and if your employer allows, we can be involved at the meetings and/or liaise with your employer on your behalf. 

If your current employer is proposing to transfer your employment to a new employer because of a sale of part of the business or change in contracts then we can advise you of your rights and help you to understand what will happen and what your options are. 

Book a Callback

Book a callback with a member of the Real Employment Law Advice Team to discuss our services for employees – we’d love to help.

Other Useful Pages

Our Podcast

We have created a variety of podcasts that will help you to learn about employment law and HR subjects. You can listen to them by clicking the button below.

Employees

Full Breakdown of Costs & Process

Below you’ll find transparent information on the costs and processes involved around working with Real Employment Law Advice.

Range of Costs

At REAL Employment Law Advice, we pride ourselves on being completely transparent, honest and open when discussing our fees.

Each of our Solicitors charges £198 per hour which includes VAT. This is the hourly rate that will be charged when we undertake work for you on a time basis.

We also offer a range of fixed-fee arrangements to suit individual cases.

In addition, we have developed a bespoke package of pay-monthly services for employers that is known as our HR Harbour service.

Free Initial Discussion

We offer a free telephone discussion usually up to 30 minutes with all clients to answer initial questions and provide basic advice on next steps.

During this initial telephone call, we can normally also give general ideas about costs and estimated costs.

For our business clients, we normally recommend an initial free coffee meeting, in order to fully understand your business and discuss a service which is right for you. This will allow us to produce a bespoke plan, including costs, to suit your business needs.

Insurance

During our initial discussions, whether by telephone or in person we can explore the funding options which may be available, such as cover under an insurance policy or any free local advice services.

Hourly Rates

All Solicitors at REAL Employment Law Advice are experienced in employment law and HR matters and are specialists in their field. Our hourly pay as you go rate is £198 which includes VAT.

When we work for you on a time basis the charges are broken down into units of one tenth of an hour, and routine emails, letters and telephone calls will be charged as one unit, everything else will be charged on the basis of the amount of time taken.

Fixed Fee

For certain matters, we can work with you to arrange a fixed fee. This will ensure that you are always in control of your costs.

 

Cost Limits

If you have a particular budget in mind or maximum spend on a monthly or weekly basis then we can normally agree to this with you in advance.

Payment

You will be incurring charges as soon as you agree to our terms of business and we open a file for you.

We will usually send bills to you at monthly intervals for work carried out in the previous month, or sooner where the value of work amounts to £500 or more or if you request us to bill you at more frequent intervals.

We require payment from the date of the invoice and will temporarily stop work if invoices remain unpaid. We will, of course, inform you of this at the time and give you the opportunity to rectify the situation.

Fee Transparency

In Employment Law matters it is always difficult to estimate how many hours work is required to complete a matter without having the full facts and details of the case at hand. It can also depend on how the other party behaves and the demands of the Employment Tribunal.

There may also be evidence or circumstances that develop the complexity of your case as the case proceeds.

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

In the majority of cases a settlement or conclusion can be reached without the need of the Employment Tribunal hearing.

We will work closely with you to achieve a speedy resolution that is right for your circumstances.

Unfortunately, sometimes a matter will need to go to the Employment Tribunal for a decision.
If a claim for unfair or wrongful dismissal does have to be pursued or defended in the Employment Tribunal the fees are likely to be as follows:

Simple case: £6,000-£8,400 (includes VAT)

Medium complexity case: £8,400-£18,000 (includes VAT)

High complexity case: £18,000-£24,000 (includes VAT)

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, i.e. if an employee makes a claim without representation;
Making or defending a costs application;
Complex preliminary issues such as whether the employee 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 an employee is dismissed after blowing the whistle on their employer;
Allegations of discrimination which are linked to the dismissal.
There will be an additional charge for attending a Tribunal Hearing and we normally advise that we arrange for a Barrister to represent you at the Hearing. In any event the charges for attending and representation at the Employment Tribunal hearing will be as follows:

1-2 day hearing: £2,500 – £3,500 (includes VAT)
2-4 day hearing: £3,500 – £5,000 (includes VAT)
5-7 day hearing: £5,000 – £7,500(includes VAT)

The number of days required for the hearing will depend on the complexity of your claims, the volume of evidence and the number of witnesses you and the other party have.

Key stages in an Employment Tribunal case

The fees set out above cover all of the work in relation to the following key stages of a claim:

1. 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);
2. Entering into pre-claim conciliation via ACAS where this is mandatory to explore whether a settlement can be reached;
3. Preparing claim or response forms for the Tribunal;
4. Reviewing and advising on claim or response from other party;
5. Exploring settlement and negotiating settlement throughout the process;
6. Preparing or considering a schedule of loss;
7. Preparing for (and attending) a Preliminary Hearing which could be in person or by telephone;
8. Exchanging documents with the other party and agreeing a bundle of documents;
9. Taking witness statements, drafting statements and agreeing their content with witnesses;
10. Preparing a bundle of documents;
11. Reviewing and advising on the other party’s witness statements;
12. Agreeing a list of issues, a chronology and/or cast list – these are documents that the Tribunal may order us to prepare or which we may decide to prepare to assist your case;
13. Preparation and attendance at Final Hearing, including instructions to a Barrister.

The stages set out above are an indication of generally what happens in the process. Some of stages above may not be required in which case the fee may also 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.

Additionally, if any other claims arise during discussions, such as discrimination, this can also increase the time spent on a matter and the overall cost. We will of course discuss this with you in advance so you fully understand the likely costs.

Expenses and other costs – commonly referred to as Disbursements
Disbursements are additional payments required such as, Barrister’s fees, expert witness fees and specific search fees. We will obtain your approval before incurring any disbursements.

It will be your responsibility to pay for these costs. If you have insurance cover and your insurer agrees the costs in advance they will normally cover them.

Expenses and other costs – commonly referred to as Disbursements

Disbursements are additional payments required such as, Barrister’s fees, expert witness fees and specific search fees. We will obtain your approval before incurring any disbursements.

It will be your responsibility to pay for these costs. If you have insurance cover and your insurer agrees the costs in advance they will normally cover them.

Barrister’s Fees

We endeavour to find the right Barrister in both experience and cost relevant to your case and budget.

We will obtain quotes from several Barrister’s in order to find the right person for you.

Barrister’s fees will depend on their experience level and are typically between £100 – £300 per hour plus VAT.
They also will need time to prepare and read through your documents which could incur additional costs.

 

Costs Recovery

In most Employment Tribunal cases, each side will have to pay their own legal costs and they are generally not recoverable from the losing party.

Generally, the tribunal would not order one of the parties to pay the other side’s legal costs unless it believed that they had behaved unreasonably in the way it conducted the claim or defence (e.g. it considers that the claim was so weak that it should never have been presented).

Whilst costs orders by the Tribunal are increasing in frequency they are still very rare and therefore you should always keep in mind the costs v’s benefit of pursuing or defending a claim.

For example you would need to consider carefully making an unfair dismissal claim with a value of £10,000 when the costs could exceed £10,000, meaning you would come out of the case with nothing and potentially if your case is more complex paying more in costs.

Our Solicitors will of course discuss this with you from the outset and ensure that you are fully aware of the costs and the potential benefits. We also revisit this with you on a regular basis.

How long will my case 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 4- 12 weeks.

If your claim proceeds to a Final Hearing, your case is likely to take up to a year.

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.

You should note that at the time of writing this (December 2018) the Employment Tribunals are experiencing significant delays due to the volume of cases and lack of judicial resources and therefore it is possible that even a simple case could take over a year to conclude.

How long will my case 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 4- 12 weeks.

If your claim proceeds to a Final Hearing, your case is likely to take up to a year.

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.

You should note that at the time of writing this (December 2018) the Employment Tribunals are experiencing significant delays due to the volume of cases and lack of judicial resources and therefore it is possible that even a simple case could take over a year to conclude.