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Facing a difficult situation regarding your employment such as redundancy or unfair treatment can be frightening and stressful. It can feel as if all the cards are stacked in favour of your employer. It’s important to understand that employment legislation exists to protect employees and getting advice on your rights can give you an entirely different picture. Getting advice from our Kent based employment lawyers can help you achieve a quick resolution, maximum compensation and an amicable exit.

Our team of specialist employment lawyers in Kent have the necessary expertise to handle a full range of employment law issues.

We have a proven track record of winning employment tribunal claims and regularly achieve great success in negotiating severance packages and assisting in the facilitation of exit strategies.

Facing a difficult situation regarding your employment such as redundancy or unfair treatment can be frightening and stressful. It can feel as if all the cards are stacked in favour of your employer. It’s important to understand that employment legislation exists to protect employees and getting advice on your rights can give you an entirely different picture. Getting advice from our Kent based employment lawyers can help you achieve a quick resolution, maximum compensation and an amicable exit.

Our team of specialist employment lawyers in Kent have the necessary expertise to handle a full range of employment law issues.

We have a proven track record of winning employment tribunal claims and regularly achieve great success in negotiating severance packages and assisting in the facilitation of exit strategies.

I particularly valued Ben Stepney's advice. It wasn't just that he gave sound legal advice - helping me to understand our position and options at each stage - but he was also very supportive during a difficult time. I can't recommend him or the firm highly enough.

Employment disputes & tribunals

Employers use many reasons for dismissing employees including performance, sickness, absence and gross misconduct. If you feel you have been treated unfairly, getting legal advice as quickly as possible is essential, as there are strict time limits for pursuing unfair dismissal claims.

Our specialist employment lawyers can help:

  • Advise whether you have a case for claiming wrongful and/or unfair dismissal
  • Explain your options
  • Advise on whether the best course of action is the employment tribunal or court
  • Support you through pursuing your claim
  • Ensure you are fully prepared for the employment tribunal
  • Negotiate the best financial outcome
  • Achieve a quick resolution.

We provide excellent levels of client service and understanding at this stressful time and will help you to secure the best outcome at tribunal or a sensible commercial settlement.

We offer highly competitive legal services with fixed fees and no hidden extras, and ensure that you are kept up to date with how your matter is proceeding

We are committed to full transparency and giving our clients meaningful choice as to the basis on which they wish to proceed. 98% of our clients rated our service as ‘excellent’.

How much does an employment tribunal cost?

We have set out below our typical fees for bringing employment tribunal (ET) claims, on behalf of individual employees (claimants), for unfair and wrongful dismissal. These fees are based on cases that proceed to a final tribunal hearing and are based on our experience of the average time a matter takes to be dealt with and the team’s hourly rates. If your case concludes earlier the fee will be less, for example, if an out of tribunal settlement is agreed or if your employer accepts liability.

There are typically three levels of employment claim depending on the complexity and the fee varies accordingly. We have also set out in more detail how we charge and the factors that will affect what the total fee will be for your claim. All fees are exclusive of VAT charged at 20%*.

  • Simple ET claim – fees range from £10,000 – £21,000*
  • Medium ET claim– fees range from £20,000 – £30,00*
  • Complex ET claim – fees range from £30,000 – £46,000*.

Do check your household insurance, as you may find that it covers you for certain legal fees.

Key stages in the process

The fee ranges set out above will cover all of the work in relation to the typical stages of an employment tribunal claim.

These stages are an indication only. If some of the stages are not required, the fee will be at the lower end of the scale and if there are additional stages, the fee will be at the higher end. We have set out below the factors that will usually affect the overall fee. There are also things outside of our control, such as tribunal availability and location. We would ensure that you are updated on these factors at the outset and as the case progresses.

You may wish to handle the claim or parts of it yourself and only seek our advice in relation to some of the stages. This can also be arranged based on your individual needs.

Factors affecting the overall fee

Unfortunately, it is impossible to list all the factors that could affect the overall fee, as each case varies. We have set out below the most common factors:

  • The conduct of the opponent
  • The amount of correspondence and documents
  • The length of ET hearing.

He's a knowledgeable lawyer who is able to find successful solutions to particularly complex issues.

Disbursements

Disbursements are costs and expenses related to your case that are payable to third parties, such as barrister’s fees. As we instruct the barrister on your behalf we handle the payment of their fees on your behalf, having first obtained money on account from you.

We will usually recommend that we instruct a barrister to represent you at the final hearing and at any preliminary hearing to determine substantive legal issues.

Counsel fees ranging from £1,500 – £5,000 per day, depending on their level of experience and availability, we would obtain a quote.

Fees will depend on availability and level of experience and are subject to quotes from barristers.

Travel expenses will be charged to you for attending any hearings on your behalf or with you. The amount of the expenses will depend on the location of the hearing and the number of times that travel is incurred.

How long does the employment tribunal process take?

The time from taking your initial instructions to the final resolution of your claim 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 two to six weeks to conclude.

If your claim proceeds to a final hearing, then typically it’s between 12 to 24 months from when your claim was submitted to the tribunal.

The date for the final hearing is usually set at the preliminary hearing, which generally takes place three months after the deadline for the other party’s formal response to your claim.

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    Settlement agreements

    When you are offered a settlement agreement you will need to take advice from an independent employment lawyer. Our employment lawyers will ensure you are properly advised about compensation for any claims you may have.

    What is an employment settlement agreement?

    A settlement agreement is a document that records the terms on which an employer and employee have agreed to terminate the employee’s employment or settle a dispute. It will need to deal with all aspects of your employment.

    It is a legal requirement that employees obtain independent legal advice before entering into a settlement agreement. Otherwise, it is not legally binding.

    Do I have to accept an employee settlement agreement?

    Employees do not have to agree to a settlement agreement from employers. They do have the right to negotiate the terms of any agreement. Once you sign a settlement agreement, it is legally binding, and you cannot pursue any claims through the courts or an Employment Tribunal. We can advise you on your settlement agreement and negotiate more favourable terms for you, if you have not been properly compensated.

    As well as advising you on the fairness of the financial terms offered to you, we can advise you on:

    • Your prospective claims against your employer and the value of those claims
    • Whether signing the agreement is in your interests and the best course of action for you
    • The consequences of your signing the agreement or not signing it
    • Your entitlement to salary and benefits (for example, pension, company car or private medical insurance), under your contract of employment, which a settlement agreement should cover
    • What an “ex-gratia” or “termination” payment is and what it is aimed at compensating you for
    • How it impacts on any share based incentive arrangements
    • Negotiating a quick resolution
    • Facilitating an amicable exit.

    Fees and employer contribution

    A settlement agreement will usually include a contribution from your employer towards the costs of getting advice on the document. Employers typically offer between £350 and £500 plus VAT at 20%. They are not obliged to cover all your costs, only the costs of advising on the terms of the agreement.

    Sometimes, if the agreement is straight forward and there are no issues with it or the settlement package, then our lawyers can advise you on its contents and sign the adviser’s certificate to make it valid. Our fees for this start from £500 plus VAT at 20%.

    Sometimes, when there are negotiations on the terms of the agreement, such as the financial package, our fees will be higher and we can provide you with a tailored quote before starting work. Employers are often amenable to being persuaded by you or us to increasing the contribution. If the costs of instructing us are covered by your employer in full – we will raise an invoice to you but (payable by your employer). This invoice will be sent to your employer to pay direct to us. However, if you do not accept the package and settlement agreement or your employer will not pay all of your legal costs; then we will invoice you for our costs agreed with you and you will be liable to pay us.

    Thomson Snell & Passmore as a firm has real integrity and they care.

    Discrimination & harassment

    You do not have to put up with bullying, harassment or discrimination in the workplace, our employment lawyers can advise you what your rights are.

    Our employment discrimination lawyers have a track record of success in cases of workplace discrimination, including direct, indirect, harassment, victimisation and disability-related failure to make reasonable adjustments.

    We will work with you to identify the applicable type of discrimination to your situation and the options available to you as an employee or former employee.

    What are the different types of discrimination at work?

    Unfavourable treatment by an employer is against the law if it is based on one of the following ‘protected characteristics’:

    • Age
    • Disability
    • Gender reassignment
    • Marriage and civil partnership
    • Pregnancy and maternity
    • Race, nationality, religion or belief
    • Sex or sexual orientation.

    How our employment lawyers can help

    • Give you a clear view of the best way forward
    • Consider whether you have a discrimination claim and give you an honest opinion on your chance of succeeding
    • Help you pursue a claim or negotiate a fair and amicable exit
    • Help you to tackle the situation and support you in the process.

    Due to my circumstances I found the process extremely stressful as it was an action taken against people who had been my friends for a long time. Nick acted as a shield and protected me from the day to day nastiness of it all. The overarching feeling I had during the whole process was that I knew that I could rely on Nick to do the right thing to get me the best possible outcome, which he did and in the end the outcome exceeded my original expectations, for which I am eternally grateful.

    Redundancy & termination

    We understand that being faced with redundancy can be an extremely worrying time, and that the process can be complicated and drawn out. Our experienced team of redundancy lawyers can help you navigate the process, offering practical advice and support, making sure you understand your rights, receive fair treatment and the appropriate financial package, when one is offered to you.

    Employment law can be complex and employers do not always get the redundancy process right. Not only is your employer responsible for exploring the option of alternative employment where possible and making sure you receive the full financial package you are entitled to, but also they need to follow strict consultation and selection procedures and not discriminate when making employees redundant.

    Our redundancy lawyers regularly help individuals by:

    • Advising whether your employer has a case for redundancy or termination
    • Advising whether you are being treated fairly or potentially discriminated against
    • Identifying whether your employer is following the correct procedures
    • Helping you plan the best strategy
    • Ensuring that you receive a good settlement as quickly as possible
    • Ensuring that you and your employer part on amicable terms
    • Representing you at employment tribunal if necessary.

    I have been told I might be made redundant, what should I do?

    Your employer must follow specific processes when making redundancies. If they do not, you may be able to claim you have been dismissed unfairly.

    By law, your employer must consult with you if you are affected by proposed redundancies and they should take your comments and feedback into account.

    It is also very important that your employer does not discriminate when selecting employees for redundancy. For example, you should not be made redundant due to e.g. your age, sex, race, religion or part-time or fixed term employment.

    If you feel your employer is not following the right process then we would be happy to advise you.

    How much notice of redundancy should I get?

    You can only be given notice once the consultation process and a minimum time period has passed (the length of this depends on how many people from your place of work are being made redundant).

    Your notice period will depend on how long you have worked for the company, as well as what is specified in your employment contract.

    How much redundancy pay will I be entitled to?

    This again depends on how long you have worked for your employer, your age and the terms of your employment contract.

    We regularly help individuals get a fair redundancy settlement as quickly as possible and would be happy to advise.

    Excellent advice, all my questions and concerns were addressed by Ben.

    Disciplinary, grievances & performance management

    Our employment lawyers can look at your disciplinary situation objectively and advise you on the best course of action. They can advise you on what are the key issues to raise in a grievance and prepare you for a grievance, disciplinary or performance management meeting.

    What can I do if I feel I have been disciplined unfairly at work?

    Employers do not always follow the correct procedures in disciplinary matters. Maybe you feel you have been unfairly treated at a disciplinary or performance management meeting, or told you are at risk of having your employment terminated. Our employment lawyers can clarify whether you have a case and help fight your corner.

    How can an employment lawyer help with a disciplinary?

    Our lawyers can help:

    • Provide an impartial appraisal of the circumstances
    • Assess the most likely outcome and advise how best to achieve a satisfactory resolution
    • Support you through any legal action
    • Negotiate a fair and amicable exit.

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      Restrictive covenants & confidentiality agreements

      We provide advice to entrepreneurs, founders and executives about any legal restrictions on their ability to establish new businesses in competition with a current or former employer or to move jobs and work for a competitor. Such restrictions may be contained in employment contracts, confidentiality agreements (NDAs) or even implied by law.

      The wording of such agreements can give the impression that your room for manoeuvre is limited. And threatening letters from your current or ex-employer’s lawyers can be intimidating. Yet there are many legal and procedural limitations on the extent to which a former employer can stifle competition in this way.

      Our experience means that we provide strategic advice and help you to understand what you can and cannot do when establishing a competing business or moving to a competitor.

      We have particular expertise in:

      • Responding to and defending High Court injunctions seeking to prohibit competition
      • Drafting and negotiating confidentiality clauses in employment contracts and service agreements
      • Advising on confidentiality agreements and team moves.

      We received a positive outcome to the negotiations with an increased settlement offer. The matter was also concluded in a timely manner which was much appreciated especially since lockdown had just started.

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