Ofsted reports challenged

Ofsted reports challenged

solicitors in middlesbrough https://www.taylorlaw.co.uk | https://goo.gl/maps/k8CH1kaN4CjVraHF6

There has been a rise in legal challenges against Ofsted Report

At Taylor Law we understand the intense demands and pressure on providers to comply with the vast and complex regulations governing regulated settings, whilst ensuring that children are suitably safeguarded and protected.

Our legal team have successfully challenged Notices of suspension, restriction on accommodation, and representations in response to Notice of proposal to a close home. We appreciate the need for swift action to proactively defend your position. We work closely with providers to prepare thorough representations and have extensive experience of obtaining statements from staff to support challenges to Ofsted inspections.

We recognize how a negative inspection report, or any potential enforcement action can significantly affect your business and, in many cases, unfairly so.

Before you take any action, we advise you obtain legal advice to protect your business and reputation.  At Taylor Law we have experienced specialist Solicitors and have had many successful cases.  We would ensure we defend you and your business as a priority.

For a confidential, no-obligation discussion regarding your case, please do not hesitate to contact the Taylor Law offices (9.00am to 5.00pm, Monday to Friday) and we’ll be happy to help.

For Solicitors in Middlesbrough, North Yorkshire and the North East – 01642 221108

For Solicitors in Leeds and West Yorkshire – 0113 5328100

For Solicitors in London – 0203 7807646

 

 

 

Injured Police Officers – Pensions under threat!

Injured Police Officers – Pensions under threat!

Thousands of police officers have to retire early after being injured on duty – now their pensions are under threat!

This week 17 former officers are taking their fight to court in a landmark case and Taylor Law are proud to be a part of this fight.  Case ongoing!!!

Our own Angela Giannotti is instructed to represent the retired injured officers.

https://www.thisismoney.co.uk/money/pensions/article-8522517/Police-officers-injured-duty-pensions-threat.html

https://www.thisismoney.co.uk/money/comment/article-8522577/VICTORIA-BISCHOFF-No-way-treat-police-heroes-injured-duty.html

If you have any queries, please do not hesitate to contact the Taylor Law offices and we’ll be happy to help.

For Solicitors in London – 0203 7807646

For Solicitors in Leeds and West Yorkshire – 0113 5328100

For Solicitors in Middlesbrough, North Yorkshire and the North East – 01642 221108

Unfair Dismissal for Business Owners

Unfair Dismissal for Business Owners

Terminating Employment and Settlement Agreements

Faced with being in the unfortunate position of having to terminate the employment of an employee is difficult but sometimes unavoidable. To ensure your process is fair and legally compliant is important.  Taylor Law employment solicitors can help you to protect your business ensuring also your employees are treated fairly.

Things to Consider when dismissing an Employee 

Getting a dismissal wrong can cost time, money and damage your reputation. It’s important to get legal advice at an early stage.

When thinking about dismissing an employee, you need to be clear and concise and take into consideration how long they have worked for you.

Employees who have worked for you less than two years do not have the right to bring unfair dismissal claims

When the employee has worked for you for two years or more, you can only dismiss them fairly for the following reasons:

  • Conduct (inappropriate behaviour)
  • Capability (inability to do their job)
  • Redundancy
  • Statutory Illegality
  • Some other substantial reason (SOSR).  

You should also consider if there are any grounds for an employee to bring other types of claims against you. These could include breach of contract or discrimination claims

How to Avoid Unfair Or Wrongful Dismissal Claims

Taylor Law employment lawyers advise businesses of all sizes about both individual and collective dismissals, reducing the risk of expensive and time-consuming litigation.

Getting legal advice as soon as possible if you feel you need to dismiss an employee is essential as the procedure adopted before dismissal is very important. 

You can help prevent unfair dismissal claims by simply following the company’s policies and procedures.  You must ensure that all disciplinary hearings are conducted fairly, and that the employee is given the right to put their side of the story accompanied by a work colleague or trade union official.

If the employee is dismissed, he should be given the right to appeal to someone not previously involved in the dismissal, if at all possible. An instant dismissal with no procedural safeguards, will often lead to an unfair dismissal claim.

Your business is in safe hands with Taylor Law. 

No matter how big your or small your business is, we can help you. Our employment solicitors understand that no two dismissals are the same, so we’ll give you individual tailored advice.

Our qualified lawyers are available to help no matter where you are.  We will always give you transparent fees and keep you updated.

 

What Is A Settlement Agreement?

A settlement agreement is a formal written and legally binding contract between an employee and employer, where an employee accepts financial compensation in return for agreeing not to bring any claims against you.  It is often referred to as a ‘severance’ or ‘redundancy agreement’ and was previously known a ‘compromise agreement’. 

You can use a settlement agreement if you do not want to go through a full dismissal process, or you want to avoid possible risks for dismissing someone. 

 For a settlement to be legally binding:-

  • an employee must receive independent legal advice (the advisor must be covered by professional indemnity insurance)
  • The agreement must be in writing and signed by the employee
  • It must relate to “particular proceeding”
  • The agreement must state that the legal conditions regulating the settlement agreements are satisfied.

ACAS have issued a statutory Code of Practice on Settlement Agreements, is a useful link setting out how settlement agreements should be conducted and provides best practice advice on how pre-termination negotiations should be conducted.  The code is not binding, but employers would need to justify why they deemed it not necessary to adhere to it.

How can we help

At Taylor Law we are happy to provide both employers and employees with the immediate advice you need and guide you through the process.  Our team can help you write an agreement, check and existing one or negotiate any agreement terms.

Our qualified lawyers are available to help no matter where you are.  We will always give you transparent fees and keep you updated.

Our Employment Fees and Costs

Our employment solicitors are:

Scott Taylor (Solicitor with at least 8 years’ experience)

Ben Tighe (Solicitor with at least 8 years’ experience)

Max Hornigold (Solicitor)

Angela Giannotti (Solicitor – London)

Chris Bennett (Junior Executive – London)

 Our hourly charges are as follows:

 Private (Leeds and Middlesbrough) :

Partners/Solicitors with at least 8 years’ experience – 265.00

Solicitors with at least 4 years’ experience – 230.00

Solicitors, Legal Executives, Senior Executives – 200.00

Trainee Solicitors – 140.00

Junior Executives/Assistants – 140.00

Private (London) :

Partners/Solicitors with at least 8 years’ experience – 450.00

Solicitors with at least 4 years’ experience  – 325.00

Solicitors, Legal Executives, Senior Executives  – 250.00

Trainee Solicitors – 150.00

Junior Executives/Assistants – 150.00

Lesser complexity case

This would tend to be a case where unfair dismissal is the sole claim and the matter is limited to a one-day hearing.
It would be in the region of £15000-£18,000 plus VAT and disbursements (if we instruct counsel).

Medium complexity case

This would be a case where there are additional claims to unfair dismissal, such as discrimination. This would also apply where the case for unfair dismissal requires a Preliminary Hearing or where the case is listed for a Final Hearing of two or three days’ duration.

This would be in the region of £20,500- £23000 plus VAT, plus counsel fees of approximately  £1,500 for the first day of the Final Hearing and £1,000 for the refreshers for the second and subsequent days of the Final Hearing.  .

Higher complexity case

This would be a case where the unfair dismissal claim involves multiple discrimination complaints or complex matters such as whistleblowing/making of protected disclosures and where the case is listed for a Final Hearing of two or more days’ duration.

From £20,000 to £25000 plus VAT, plus counsel fees of £1,500 for the first day of the Final Hearing and £1,000 for the second and subsequent days of the Final Hearing.

The following factors can have an impact on the complexity of a case:

  • Defending claims that are brought by litigants in person
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim.  For example if the reason for dismissal is because of a protected disclosure or an employee’s pregnancy or maternity leave

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

  • Taking initial instructions, reviewing the papers and advising on merits and likely compensation
  • Entering into pre-claim conciliation
  • Preparing a claim or response
  • Reviewing and advising on a claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing a schedule of loss
  • Preparing for and attending a Preliminary Hearing
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements, and agreeing their content with witnesses
  • Preparing bundle of documents
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation for the Final Hearing or instructions to Counsel

The stages are not fixed and guaranteed, and we will adjust our costs accordingly when some stages are not required.

How long will my matter 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 2-4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9-18 months. 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.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf. Disbursements incur a VAT charge of 20%.

Call us free on 0330 0539147  or email enquiries@taylorlaw.co.uk and we will be happy to help.

You can also keep up to date with us via our Website,  Facebook or LinkedIn or Twitter page.

Redundancy advice for Employers

Redundancy advice for Employers

Employers are now having to contemplate their post-COVID-19 future.  As such, redundancies appears to be a likely outcome, especially during the phased withdrawal of the Coronavirus Job Retention Scheme (CJRS aka furlough payments).

An employer in financial difficulty often needs to reduce the number of its employees by making roles redundant.  A redundancy is a potentially fair reason for dismissal, in selecting those to be made redundant, the employer must act reasonably.

It is vital that employers follow the correct procedures, including the correct redundancy consultation process.  Failure to follow the process, even with a genuine redundancy scenario can result in findings of unfair dismissal at the Employment Tribunal.  To ensure that you follow the right procedures it is recommended to take legal advice to reduce your potential legal liabilities.

Whilst the right to claim unfair dismissal only arises after two years of service, selection for a discriminatory reason can result in an Employment Tribunal claim.  We advise a best practice approach for all employees.

Redundancy should be the last resort.  Employers should explore other options such as restricting overtime or a recruitment freeze.  We can advise whether the situation that your business is faced with is a genuine redundancy scenario.

If redundancy is necessary we can assist in devising a process by which to follow dependent on the number of redundancies envisaged.  We can assist in advising how to establish a selection pool and considering the criteria to apply in the circumstances to ensure that the selections are non-discriminatory.  We can assist in ensuring the appropriate amount of redundancy is paid.

Employees who have been employed for two years or more are entitled by state to a redundancy payment on a sliding scale, calculated in accordance with age and length of service.  Some employers provide their employees with a contractual right to an enhanced redundancy analyse your employees contractual position.

Most tribunal cases concerning redundancy revolve around the following criteria:

  • Whether the people selected for redundancy are actually redundant;
  • Whether they have been selected for some unfair reason;
  • Whether proper individual consultation and/or collective consultation has been implemented;
  • What is the correct amount of compensation to which any redundant person is entitled.

During a redundancy process, employers will often seek voluntary redundancies from their employees.  This can lessen their potential legal liability to an unfair selection process.  We can advise you on this process, draft the agreements and advise on how to achieve the best settlement.

In return for signing away their rights to claim, the employee will usually receive a compensation payment.  The first £30,000 of this compensation is usually tax free.

When signing a settlement agreement, the legal advice for the employee is usually funded by the employer though the advice is independent.  It is a requirement that the employee takes advice and it is signed off by both the employee and his legal advisor.

We understand that this can be a very difficult time for your business.  We can offer clear advice to help protect your interests and achieve the best result for you in your situation

Our Employment Fees and Costs

Our employment solicitors are:

Scott Taylor (Solicitor with at least 8 years’ experience)

Ben Tighe (Solicitor with at least 8 years’ experience)

Max Hornigold (Solicitor)

Angela Giannotti (Solicitor – London)

Chris Bennett (Junior Executive – London)

 Our hourly charges are as follows:

 Private (Leeds and Middlesbrough) :

Partners/Solicitors with at least 8 years’ experience – 265.00

Solicitors with at least 4 years’ experience – 230.00

Solicitors, Legal Executives, Senior Executives – 200.00

Trainee Solicitors – 140.00

Junior Executives/Assistants – 140.00

Private (London) :

Partners/Solicitors with at least 8 years’ experience – 450.00

Solicitors with at least 4 years’ experience  – 325.00

Solicitors, Legal Executives, Senior Executives  – 250.00

Trainee Solicitors – 150.00

Junior Executives/Assistants – 150.00

Lesser complexity case

This would tend to be a case where unfair dismissal is the sole claim and the matter is limited to a one-day hearing.
It would be in the region of £15000-£18,000 plus VAT and disbursements (if we instruct counsel).

Medium complexity case

This would be a case where there are additional claims to unfair dismissal, such as discrimination. This would also apply where the case for unfair dismissal requires a Preliminary Hearing or where the case is listed for a Final Hearing of two or three days’ duration.

This would be in the region of £20,500- £23000 plus VAT, plus counsel fees of approximately  £1,500 for the first day of the Final Hearing and £1,000 for the refreshers for the second and subsequent days of the Final Hearing.  .

Higher complexity case

This would be a case where the unfair dismissal claim involves multiple discrimination complaints or complex matters such as whistleblowing/making of protected disclosures and where the case is listed for a Final Hearing of two or more days’ duration.

From £20,000 to £25000 plus VAT, plus counsel fees of £1,500 for the first day of the Final Hearing and £1,000 for the second and subsequent days of the Final Hearing.

The following factors can have an impact on the complexity of a case:

  • Defending claims that are brought by litigants in person
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim.  For example if the reason for dismissal is because of a protected disclosure or an employee’s pregnancy or maternity leave

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

  • Taking initial instructions, reviewing the papers and advising on merits and likely compensation
  • Entering into pre-claim conciliation
  • Preparing a claim or response
  • Reviewing and advising on a claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing a schedule of loss
  • Preparing for and attending a Preliminary Hearing
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements, and agreeing their content with witnesses
  • Preparing bundle of documents
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation for the Final Hearing or instructions to Counsel

The stages are not fixed and guaranteed, and we will adjust our costs accordingly when some stages are not required.

How long will my matter 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 2-4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9-18 months. 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.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf. Disbursements incur a VAT charge of 20%.

 

Redundancy Advice for Employees

Redundancy Advice for Employees

Being made redundant can be a tough time.  It can leave individuals in financial difficulties and cause stress and upset for you and your loved ones.  Legal advice can ensure that you receive the right amount of redundancy pay, giving you some financial security.

An employer in financial difficulty often needs to reduce the number of its employees by making them redundant.  A redundancy is a potentially fair reason for dismissal, in selecting those to be made redundant, the employer must act reasonably.

We can assist to ensure that you are treated fairly during redundancy, ensuring that selection processes are fair and advising whether the process is non-discriminatory.  If you are fairly selected for redundancy we can help to ensure you get the full redundancy pay that you are entitled to.

Employees who have been employed for two years or more are entitled by state to a redundancy payment on a sliding scale, calculated in accordance with age and length of service.  Some employers provide their employees with a contractual right to an enhanced redundancy thus it is important to know your rights. 

Most tribunal cases concerning redundancy revolve around the following criteria:

  • Whether the people selected for redundancy are actually redundant;
  • Whether they have been selected for some unfair reason;
  • Whether proper individual consultation and/or collective consultation has been implemented;
  • What is the correct amount of compensation to which any redundant person is entitled.

During a redundancy process, employers will often seek voluntary redundancies from their employees.  This can lessen their potential legal liability to an unfair selection process.  Through voluntary redundancy individual employees can often get a larger settlement amount that they would have been entitled to.  We can advise you on this process and on how to achieve the best settlement.

If you are offered a voluntary redundancy then this settlement agreement will have to be reviewed by an independent lawyer to advise you on the contents of the agreement.  This is a legally binding document which sets out the terms of your redundancy.  In return for signing the agreement you effectively agree not to bring a claim against your employer.  In return for signing away your rights to claim your employer will usually offer a compensation payment.  The first £30,000 of this compensation is usually tax free.

When signing a settlement agreement, the legal advice is usually funded by your employer though the advice is independent.  Your employer will provide you with an agreement and insist that you take legal advice, we will consider the document with you and sign off on it if you are in agreement with the terms of settlement once they have been explained.

We understand that this can be a very difficult time.  We can offer clear advice to protect your employment rights and achieve the best result for you in your situation

Our Employment Fees and Costs

Our employment solicitors are:

Scott Taylor (Solicitor with at least 8 years’ experience)

Ben Tighe (Solicitor with at least 8 years’ experience)

Max Hornigold (Solicitor)

Angela Giannotti (Solicitor – London)

Chris Bennett (Junior Executive – London)

 Our hourly charges are as follows:

 Private (Leeds and Middlesbrough) :

Partners/Solicitors with at least 8 years’ experience – 265.00

Solicitors with at least 4 years’ experience – 230.00

Solicitors, Legal Executives, Senior Executives – 200.00

Trainee Solicitors – 140.00

Junior Executives/Assistants – 140.00

Private (London) :

Partners/Solicitors with at least 8 years’ experience – 450.00

Solicitors with at least 4 years’ experience  – 325.00

Solicitors, Legal Executives, Senior Executives  – 250.00

Trainee Solicitors – 150.00

Junior Executives/Assistants – 150.00

Lesser complexity case

This would tend to be a case where unfair dismissal is the sole claim and the matter is limited to a one-day hearing.
It would be in the region of £15000-£18,000 plus VAT and disbursements (if we instruct counsel).

Medium complexity case

This would be a case where there are additional claims to unfair dismissal, such as discrimination. This would also apply where the case for unfair dismissal requires a Preliminary Hearing or where the case is listed for a Final Hearing of two or three days’ duration.

This would be in the region of £20,500- £23000 plus VAT, plus counsel fees of approximately  £1,500 for the first day of the Final Hearing and £1,000 for the refreshers for the second and subsequent days of the Final Hearing.  .

Higher complexity case

This would be a case where the unfair dismissal claim involves multiple discrimination complaints or complex matters such as whistleblowing/making of protected disclosures and where the case is listed for a Final Hearing of two or more days’ duration.

From £20,000 to £25000 plus VAT, plus counsel fees of £1,500 for the first day of the Final Hearing and £1,000 for the second and subsequent days of the Final Hearing.

The following factors can have an impact on the complexity of a case:

  • Defending claims that are brought by litigants in person
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim.  For example if the reason for dismissal is because of a protected disclosure or an employee’s pregnancy or maternity leave

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

  • Taking initial instructions, reviewing the papers and advising on merits and likely compensation
  • Entering into pre-claim conciliation
  • Preparing a claim or response
  • Reviewing and advising on a claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing a schedule of loss
  • Preparing for and attending a Preliminary Hearing
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements, and agreeing their content with witnesses
  • Preparing bundle of documents
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation for the Final Hearing or instructions to Counsel

The stages are not fixed and guaranteed, and we will adjust our costs accordingly when some stages are not required.

How long will my matter 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 2-4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9-18 months. 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.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf. Disbursements incur a VAT charge of 20%.

 

Taylor Law Turning 3!

Taylor Law Turning 3!

On our 3rd Birthday Taylor Law would like to THANK all of our clients for their continued support and to our Amazing Team of Staff for their hard work and expertise!

If you have any queries, please do not hesitate to contact the Taylor Law offices (9.00am to 5.00pm, Monday to Friday) and we’ll be happy to help.

For Solicitors in Middlesborough, North Yorkshire and the North East – 01642 221108

For Solicitors in Leeds and West Yorkshire – 0113 5328100

For Solicitors in London – 0203 7807646

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