Munkajog

We provide guidance and assistance across various areas of employment law, including recruitment policies, employment contracts, employee rewards and bonus schemes, redundancies, employment tribunal claims, discrimination issues, transfer of undertakings (TUPE), grievances, and settlement agreements.

 

Our services cater to both individuals and businesses. We typically charge an hourly rate, with a fee of £195 plus VAT for a one-hour consultation. These consultations can be conducted remotely for your convenience.

 

We offer advice on a range of employment matters, such as:

 

• Settlement Agreements
• Employment Contracts, Handbooks, and Policies
• Employment Disputes and Tribunal Claims
• Unfair Dismissal

 

How long will it take to resolve my employment law issue?

The duration required to resolve an employment law issue varies depending on its nature and the approach taken. Some issues may be resolved through negotiation or alternative dispute resolution methods, while others might require more time. We strive to work efficiently towards a resolution while prioritizing a positive outcome for you.

 

Will my employment law issue go to court?

Whether your employment law issue goes to court depends on its nature and the approach taken. Our primary goal is to achieve a positive outcome through negotiation or alternative dispute resolution methods. However, if court proceedings become necessary, we will provide guidance and support to help you navigate the process and work towards a favorable outcome.

 

Settlement Agreements

 

A settlement agreement is a contract between an employer and employee where the employer offers compensation in exchange for the employee waiving their right to make tribunal claims. These agreements must follow a specific format, and the employee must receive independent legal advice.

 

We can assist with drafting or reviewing settlement agreements, aiming to respond within 24 hours of contact. While ACAS recommends giving employees 10 days to consider an agreement, we understand the often urgent nature of these matters.

 

Our rates for settlement agreement advice are competitive, especially compared to London-based firms. Employers typically cover the employee’s legal fees for advice on settlement agreements, usually ranging from £250 to £500.

 

We provide detailed, practical advice on settlement agreements and can help negotiate improved terms when appropriate.

 

Employment Contracts & Staff Handbooks

 

An employment contract is a legally binding agreement outlining terms and conditions of employment, including job title, responsibilities, work hours, and remuneration. Employers are required to provide employees with a contract of employment within two months of starting work. We can assist with drafting employment contracts and related documentation, such as specific policies and staff handbooks.

 

A valid employment contract provides clarity for both employer and employee, reducing the likelihood of future disputes. Additional documentation, like an Equal Opportunities Policy, is crucial for employers who wish to rely on a statutory defence to claims including harassment. Given the potential damage from inappropriate social media use by staff, we recommend having a carefully drafted policy to minimize risks. Due to frequent changes in employment law, we suggest regular reviews of contracts and policies. We can review your existing employment documentation and advise on necessary updates to ensure compliance with current law.

 

The time required to draft an employment contract varies depending on the role’s complexity and employer’s specific requirements. We strive to work efficiently while meeting your needs. Depending on complexity, we charge between £450 – £800 + VAT for an employment contract.

 

We can help draft staff handbooks, tailoring them to your business needs and ensuring legal compliance. Our process begins with an initial consultation to discuss your specific needs. We then provide a tailored quote detailing the work and associated costs. Once instructed, we draft or review your employment contracts and staff handbook, working closely with you to meet your business needs. A fully tailored staff handbook may cost between £1,500 – £3,000 + VAT.

 

Employment Disputes and Tribunal Claims

 

When a current or former employee threatens or brings a claim, it can be a concerning time for you and your business. It’s crucial to draft a clear defence, as the Tribunal has the power to „strike out” a defence based solely on submitted paperwork. We recommend seeking legal advice early to ensure your defence is robust, protecting your position and maximizing your chances of defeating the employee’s claim.

We aim to provide practical and cost-effective advice.

 

Unfair Dismissal

 

Generally, an individual needs two years of employment to claim unfair dismissal. Claims must be filed within three months less one day of termination, following the ACAS early conciliation process. We advise seeking legal guidance before filing a claim to avoid mistakes or delays.

 

To defend an unfair dismissal claim, an employer must show the dismissal was for a potentially fair reason (conduct, capability, redundancy, or some other substantial reason) and that they acted reasonably. Proper procedures are crucial in dismissal cases.

 

Successful unfair dismissal claims can result in a basic award and compensation up to £105,707 or a year’s pay, whichever is lower. Reinstatement may be requested in certain circumstances. Some exceptions allow for immediate unfair dismissal claims without the two-year service requirement, such as dismissals related to pregnancy, health and safety issues, or whistleblowing.

 

Pricing for Unfair or Wrongful Dismissal Claims

Our typical pricing for bringing and defending claims for unfair or wrongful dismissal varies based on complexity:

 

• Simple case: £1,000 – £5,000 + VAT
• Medium complexity case: £5,000 – £12,000 + VAT
• High complexity case: £12,000 and above + VAT

 

We charge an hourly rate of £195 + VAT. Factors that could increase complexity include necessary applications, defending claims from litigants in person, costs applications, complex preliminary issues, number of witnesses and documents, automatic unfair dismissal claims, and linked discrimination allegations.

 

Disbursements, such as Counsel’s fees, are additional. We estimate Counsel’s fees at £1,500-£3,000 for preparation and the first day of a 3-4 day Tribunal hearing, and £800 – £1,750 per day for subsequent days (excluding VAT).

 

Key Stages

Our fees cover work including initial instructions, pre-claim conciliation, claim preparation, settlement negotiations, disclosure, witness statements, document preparation, and attendance at hearings.

The essential stages involved in managing a claim:

• Initial Consultation and Review: Taking your initial instructions, examining the documents, and providing advice on the strengths of your case and potential compensation.
• Pre-Claim Conciliation: Engaging in pre-claim conciliation with ACAS to determine if a settlement can be reached.
• Claim Preparation: Drafting the claim or response.
• Response Evaluation: Reviewing and providing feedback on the other party’s claim or response.
• Settlement Negotiation: Continuously exploring and negotiating settlement options throughout the process.
• Loss Assessment: Preparing or evaluating a schedule of loss.
• Preliminary Hearing Preparation: Getting ready for and attending a Preliminary Hearing.
• Document Disclosure: Handling the disclosure process, exchanging documents with the other party, and organizing a bundle of documents.
• Witness Statements: Taking witness statements, drafting them, and agreeing on their content with the witnesses.
• Document Bundle Preparation: Compiling and preparing the bundle of documents.
• Witness Statements Review: Reviewing and providing advice on the other party’s witness statements.
• Case Structuring: Agreeing on a list of issues, a chronology, and/or a cast list.
• Final Hearing Preparation: Preparing for and attending the final hearing, including instructing Counsel.

 

These stages represent the typical steps involved but may not all be necessary in every case. Many cases are resolved before reaching a final hearing. We conduct regular assessments of the claim’s merits and potential compensation while continuously seeking settlement opportunities as the case progresses.

 

Alternative Funding Options

You may choose to handle parts of the claim yourself, seeking our advice only for specific stages. We can arrange this to suit your needs. We also recommend checking if you have legal expenses insurance coverage.

 

Estimated Timeline for Resolving Your Case

The duration from taking your initial instructions to the final resolution of your matter largely depends on the stage at which your case is resolved. If a settlement is achieved during pre-claim conciliation before issuing proceedings, the process is likely to take between 2 to 6 weeks. However, if your claim proceeds to a Final Hearing, it could take approximately 6 to 12 or even up to 18 months.

 

Several factors influence the timeline for listing a final hearing, including the number of days required for the hearing and judicial availability. These timescales are approximate estimates, and we will provide a more accurate timeline as we gather more information and as the case progresses.