Employment Law
Legal services for employers
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0330 0539147
Why Taylor Law?
There are strict laws in place to protect whistleblowers and victims of discrimination, harassment and bullying in the workplace. In addition, every employer should have a grievance procedure in place which will explain to employees the steps that must be gone through if they wish to raise a
complaint.
Harassment or victimisation at work can cause widespread difficulties to a business, taking your management team away from their job to spend time dealing with employee matters and creating a negative atmosphere among workers.
At Taylor Law, we understand how important it is for a business to be able to function effectively and without disruption. We can help resolve issues with employees quickly and efficiently so that you can focus on your goals.
Our expert employment solicitors have a good understanding of the priorities and tactics in a workplace dispute and we will provide guidance and advice that to help you reach an acceptable outcome.
We have experience of dispute resolution in all areas of employment law. We work hard with our clients to negotiate agreements that avoid the need for court action or attendance at an employment tribunal.
Whistleblowing
When a worker reports wrongdoing that is in the public interest, this is classed as whistleblowing. A whistleblower has special protection at law and cannot be treated unfairly or dismissed because of the allegations they have made.
Behaviour that is classed as being in the public interest for the purposes of whistleblowing includes committing a criminal offence, endangering someone’s health and safety, causing risk or harm to the environment, breaking the law, covering up wrongdoing or a miscarriage of justice.
Ideally, you should have a whistleblowing procedure in place that your employees can follow. If you do not have one at present, we can draw up a suitable document that can be included in your employee handbook.
Allegations which have the protection of whistleblowing laws can be serious and as soon as you become aware of the issue, you should seek legal advice about how to deal with the situation to limit any damage and resolve the matter without delay.
Discrimination, harassment and bullying
Victimisation in the workplace can take many forms and can cause an unpleasant and unproductive atmosphere amongst employees.
Discrimination on the grounds of protected characteristics breaches the Equality Act 2010. These characteristics include age, disability, pregnancy and maternity, race, religion, gender and sexual orientation.
Discrimination can be both direct, such as paying male employees more than female employees, or indirect, for example, promoting only full-time workers, when part-time workers tend to include more women. Discrimination can also happen where an employer believes someone to have a certain characteristic, when in fact they do not.
We can advise you in respect of your business policies to ensure that they do not inadvertently breach discrimination rules and give you guidance about treating your employees fairly.
Harassment is unwanted conduct towards someone on the grounds of a protected characteristic that violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Bullying is abusive, cruel or humiliating conduct, usually by someone in a more senior position than the victim. Examples include unfair criticism, insults and spreading rumours about a person.
As an employer, you should have a detailed policy in place to deal with harassment and bullying. If you do not have a policy in place, or you are concerned that it is inadequate or not tailored to the specifics of your business, we can draft this for you. In our experience, having the correct procedure
in place and dealing promptly with a problem as soon as it is raised goes a long way to avoiding a
matter escalating.
Our employment team can advise you on managing a complaint quickly and efficiently before it becomes entrenched.
Grievances
A grievance is any concern or complaint an employee may wish to raise formally with an employer. It is an official record of a problem and in some instances, for example if an employee intends to claim constructive dismissal, it will be made before the claim begins.
An employer should have a grievance procedure in place which will normally follow the Acas Code of Practice, setting out a clear process for dealing with a complaint. As with any employee issue, tackling it without delay is important in resolving it without undue disruption.
Employment law advice and representation for employers
Having good procedures in place for dealing with employee grievances and other issues is key to ensuring that they are managed effectively and resolved before they escalate.
We can advise you on the drafting of an employee handbook and grievance procedure that will set out a clear process for you and your employees to follow.
Our employment team understand the importance of dealing with problems quickly and without recourse to the courts or tribunal. We are skilled negotiators and will work hard on your behalf to reach an acceptable solution so that you can focus all of your attention on your business.
Visit our frequently asked questions for more information.
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)
Chris Bennett (Junior Executive - London)
Our hourly charges are as follows:
Private (Leeds and Middlesbrough) :
Partners/Solicitors with at least 8 years’ experience - 295.00
Solicitors with at least 4 years’ experience - 252.00
Solicitors, Legal Executives, Senior Executives - 205.00
Trainee Solicitors - 145.00
Junior Executives/Assistants - 145.00
Private (London) :
Partners/Solicitors with at least 8 years’ experience - 325.00
Solicitors with at least 4 years’ experience - 268.00
Solicitors, Legal Executives, Senior Executives - 215.00
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%.
At Taylor Law we have an excellent reputation for successful outcomes for our clients in employment matters. If you would like to discuss how we can help you with your employment issue, we would be happy to hear from you. Time is often crucial in dealing with an employment problem, and it is therefore advisable to seek legal advice as soon as you can.
For an initial discussion, call us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
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