Frequently Asked Questions
Employers and Employees
How do I pay?
- Check your household insurance policy to see if you have cover for legal expenses.
- If we think you have a strong case, we may be able to offer you a No-Win-No-fee agreement.
How much will it cost? Is it expensive?
- Our base rate is not expensive compared to other solicitors. You will probably not find a cheaper base rate in London. The basic rate is GBP80 per hour, but under some circumstances we will work on a No-Win No-Fee basis which means it will cost you nothing at the outset, and nothing unless you win.
- Each case is different: facts and circumstances alter any outcome.
Why are you so cheap?
- By lowering overheads and cutting costs to as much as possible.
- We aim to reach as many potential clients as possible.
Do all disputes/claims have to “go to the tribunals” or “to the courts”?
- No. Majority of disputes, grievances, disagreements or claims are resolved before having both parties going to any tribunal: most cases are “settled” or negotiated and thus resolved.
Do I have a case? Is it worth it?
- There are many situations where employers or employees have breached the law unknowingly: it is therefore absolutely essential to consult a specialist to find out more.
- Whether it is worth pursuing will depend on facts and various parameters.
Is an employer allowed to say “Your’re fired” and “sack” me?
- No. Proper procedures have to be followed by an employer. The process is very technical, complicated and risky: both employer and employee should consult a lawyer to check whether the procedures have been followed correclty.
I am having a tough time at work/ with my employees: (bullying, poor wages, discrimination, redundancies, long hours etc) should I call a solicitor?
Yes: There are many circumstances where the law may protect you or your company. Knowing your rights will protect you if you were reasonable.
Will seeking legal advice damage my working relationships/ environment?
- Depends: we can draft letters in your name for you should you wish. You have a right to seek legal advice, and no one should treat you unreasonably.
Should the HR department/ my trade union always help me?
Not necessarily. It is important to seek independent legal advice. This is the case for both employer and employee: in many cases the HR department have breached the law unknowingly.
Do I need contracts of employment?
Within the first 2 months of an employment relationship, employers must provide employees with written particulars of employment. This must set out certain information such as the name of the employer and employee; dates, remuneration etc. The advantage of providing a full contract of employment is that you may want to include other employee obligations and clarify certain terms and conditions. Obvious examples of clauses you may want to include are mobility clauses, restrictive covenants, the right to lay off and pay employees in lieu of notice. It is worth receiving professional help in drafting contracts.
Some terms in employment contracts are not enforceable, or will be unreasonably detrimental to you: it is worth having a check with a solicitor.
How can I contact you?
Please call me and we will see if it is worth an appointment.
Direct 0208 343 3132
Switchboard 0208 906 7741
Mob 0791 249 1313. or email me on
emmasuzuki@ukemploymentlaw.org.uk
Are there any organisations I can contact to find out more?
Please see
www.employmenttribunals.gov.uk
Employees
What is the deadline for issuing Employment Tribunal proceedings?
By not making deadlines, you may lose any claims, rights, benefits or compensation you were entitled to. It is absolutely essential to seek professional guidance quickly.
Should my employer provide me with a written contract of employment?
Your employer is legally obliged to provide you with written particulars of employment within 2 months of starting work. Written particulars of employment include information that you are entitled to on account of your employment rights, such as hours of work, salary, place of work etc. This does not have to be in the form of a contract of employment, but it is essential that it is in writing, and must include certain information, otherwise your employer may be in breach.
Do I need legal representation in order to make a claim to the Employment Tribunal?
No. You can act as a litigant in person. However, employment law is so complicated and even if you decide to represent yourself, we would strongly advise you to take legal advice before issuing proceedings.
How much time does an employer have to respond to an Employment Tribunal claim?
28 days from the date upon which you receive a copy of the claim. The Employment Tribunal will specify the relevant date.
How can an employer dismiss someone fairly?
It is fair to dismiss an employee in certain circumstances. Examples of potentially fair reasons include redundancy, capability, conduct and (in the case of a transfer of undertakings) some other substantial reason. However, it is essential that you apply the correct procedures in effecting the dismissal: this is technical and it is worth seeking help.
Are there any situations wherein it would be automatically unfair to dismiss?
Yes. For example, it is automatically unfair to dismiss an employee in connection with a transfer of undertakings and/or trade union membership/activities. Other automatically unfair reasons for dismissal include pregnancy, maternity or childbirth, proposing to take action on health and safety grounds, requesting flexible working arrangements.... This is not an exhaustive list. If a dismissal is automatically unfair, the employee will only need to prove that the dismissal happened for one of the automatically unfair reasons. The Employment Tribunal will not hear any arguments about whether dismissal was reasonable in the circumstances.
Employers
How can we ensure that an employee does not make an Employment Tribunal claim?
While any employee can make a claim to the Employment Tribunal, costs and time can often be saved through presenting an employee with a Compromise Agreement. This is essentially a contract which, if breached, allows an employer to recover any costs and award of a successful Tribunal claim. Within the Agreement the employee agrees not to issue proceedings in return for an agreed sum of money. In order for the Agreement to be valid, the employee must take independent legal advice from a solicitor. It is usual practice for the employer to make a financial contribution towards the employee’s legal costs in relation to taking advice on the Agreement.
There are a number of issues we are unclear about. Where do we start?
An initial consultation would be a good place to start.
We will discuss your needs and provide you with a detailed advice note setting out our suggested steps. Contact us to arrange this by calling our switchboard on 020 8906 7741. Alternatively contact us directly on 020 8343 3132, or 0791 249 1313, or by emailing
emmasuzuki@ukemploymentlaw.org.uk
