Employment Law

We offer a comprehensive service on employment law for both employers and employees. This covers advice on the full range of issues which we deal with including:

• Discrimination – the Equality Act 2010 consolidated the law in regard to discrimination relating to the protected characteristics of age, disability, gender reassignment, marital or civil partnership status, race, religion or belief, sex and sexual orientation.
• Unfair and wrongful dismissal – whether you are starting a claim or defending one, it is important to comply with the requirements of for example the time limits for bringing a claim or responding to one and complying with the instructions of the court in conducting your case.
• ‘TUPE’ transfers – the transfer of employees and workers from one business or part of a business to another or the contracting out of a service. This is a highly technical branch of the law.
• Workers in the ‘Gig’ economy. The case of Uber BV v Aslam [2021] UKSC 5 is having far-reaching consequences for both workers and companies who hire workers on a so-called self-employed basis in a variety of fields. The Uber case concerned taxi drivers, but the judgment has implications for all people who work on a similar basis.
• Procedures – all companies must have procedures to deal with matters such as grievance and disciplinary matters, capability, disability, harassment, bullying, equality and sickness absence. Failure to have such policies may leave a business exposed to potential legal action by employees.
• Settlement agreements – we can provide advice with little notice.
• Employment contracts including employees’ rights and restrictive covenants in contracts of employment.

Since 2011 we have offered a specialist service dealing with employment issues and cases from simple claims to highly complex business cases, acting for employees, workers and employers both large and small dealing with cases in all of these areas and more.

Our legal fees and Disbursement fees exclude VAT @ 20%

Our standard fees are as follows but if you have particular needs or for example a low income please let us know and we will try to tailor a package to suit you based on spreading the cost:

• We offer an initial appointment free of charge (usually of around 30 minutes).
• Writing a letter before action or response – £200 – £400, (based on an hourly rate of £200.)

Issuing proceedings in the Employment Tribunal based on the hourly rate referred to above. The cost of bringing a claim will depend on how far it goes as 85 -90% of cases are settled without a full hearing. Our standard charges for an ‘average’ case are £200 – £300 + VAT for each stage – of which there are typically six excluding early conciliation for which there is no charge. If more or less work is required the cost may vary but we would agree it with you before undertaking the work). A claim typically includes the following stages:

• Before issuing the claim – early conciliation through ACAS (free of charge).
• Drafting and issuing a claim / Response including the statement of case
• Preliminary Case Management hearing (there is usually one but there may be more)
• Drafting a schedule of loss
• Collating and compiling a list of documents to exchange of documents with the other party in the case
• Preparation of the tribunal bundle (usually the employer bears the cost of this)
• Preparation of statements.

The total cost is therefore pro-rata (at the rate set out above) depending on how many stages the case goes through. All of these stages are necessary of the case goes to a final hearing.
Representation at the final hearing and remedy hearing

We represent clients at the hearing or alternatively to instruct counsel depending on their needs, wishes and the area of expertise required. Our typical charge for a solicitor representing a client in the tribunal is £700 per day plus VAT but the cost of counsel is likely to be more.

Disbursements are payments to third parties and may include:

• The cost of instructing a medical expert or an expert in some other field such as trade practice.
• In complex cases instructing counsel – we use a number of extremely experienced barrister where required.
• The cost of these will need to be individually negotiated and agreed.
• The amount of time a case will take in the Employment Tribunal is usually, since COVID, around 18 months, although this depends on the Tribunal backlog and whether the claim can be settled as with the vast majority of cases in which case it may be much quicker. We always advise clients if possible to try to seek a negotiated outcome.

We can advise on an estimated resolution time for your matter once we have heard more details during your initial consultation.

For more information, please fill out our Enquiry Form or contact Mark Whitcutt on 01633 257844 / email mark@rjcpwales.co.uk

Criminal Law