Pay, Maternity, Flexible working, Sickness, Absence, Disability, Wages & Deductions
Legal services for employers
Why Taylor Law?
Employee rights in respect of pay, absence and working hours can be complex. As an employer, mistakes can be costly if your employees decide to make a claim. By understanding the rules, you can be sure that your business can avoid difficulty and that you maintain a good relationship with
At Taylor Law, we advise both employers and employees in respect of pay, absence and work. Our team understands the importance of working proactively to resolve issues before they escalate. We provide clear, practical advice designed to help employers and employees reach a satisfactory
agreement in respect of any disagreement.
Holiday pay, maternity and flexible working
The rules around holiday and maternity pay can be complicated, particularly where an employee works overtime, which can be either compulsory or voluntary, or receives commission or allowances. Where an employee is underpaid, a claim can be brought against the employer for unlawful deductions from wages.
Any worker who has worked for an employer for more than 26 weeks has the right to ask them to consider flexible working arrangements. There is a process the employer must go through in considering the request and if they deny it, they should list adequate reasons why.
We can explain the situation with regard to pay, maternity rights and the flexible working process and help employers ensure that they are observing employee rights with their policies. We also advise employees who may have a claim.
Sickness, absence and disability
Dealing with sickness and absence can be difficult for an employer, who needs to establish whether an illness is genuine and manage the situation properly within the law. This includes keeping records, allowing employees a chance to improve their attendance and issuing a warning. Where an
employee is disabled, care should be taken not to breach discrimination laws and the process is more complicated.
At Taylor Law we always try to resolve disputes without recourse to litigation wherever possible. Our approach is to work with employers and employees to find an acceptable agreement that allows both parties to move on and focus on their commercial or career success.
Wages and deductions
Employees are entitled to receive their wages as set out in their employment contract without unlawful deductions. As well as salary, this includes commission, bonuses, holiday pay, statutory sick page, statutory maternity pay and notice pay. Deductions can only be made where authorised by
statute or in their employment contract or where an employee has agreed to the deduction in writing.
When disputes arise over financial matters, an employer needs to tread carefully to ensure that they do not inadvertently make an unlawful deduction.
We can advise on what must legally be paid and how to deal with any overpayment or disagreement over wages.
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 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%.
At Taylor Law we have an excellent reputation for successful negotiations in respect of employment issues. If you have questions about your rights or those of an employee, we would be happy to hear from you.
For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
“Thank you for all your help and advice, it really made a difference. Feedback, help and guidance. Thank you to all the team – first class”.