Employment Law FAQs

How much do you charge?

That depends on the nature of your case and the seniority of the solicitor assigned to represent you. At the beginning of our relationship we will assess your requirements and provide you with an estimate of costs based on the work required.

Can I get legal aid?

Unfortunately legal aid is not available for employment disputes.

Do you act on a ‘no-win, no-fee’ basis?

In certain circumstances we are able to offer Damages-Based Agreements, or a ‘no-win, no-fee’ arrangement. Your claim will be assessed at the outset and if it meets certain criteria we may offer to act on a ‘no-win, no-fee’ basis, subject to you entering into a formal agreement with us. In many circumstances we are able to offer fixed fees, agree to cap our fees at a particular level or arrange insurance cover for your legal costs and tribunal fees.

Will I have to pay to take my claim in the Employment Tribunal?

Yes. Since July 2013 employees have been required to pay a fee when lodging their claim with the Employment Tribunal and another fee prior to the final hearing. The fees depend of the type of claim you intend to lodge. ‘Type A’ claim are those which are more straightforward and ‘Type B’ claims, which are more complex. We will tell you how your claim will be classified and the fees that will be payable in order to issue it and obtain a hearing date. In certain circumstances you may be entitled to apply for a remission of the applicable fee.

Type A Claims:
Claim Issue Fee £160
Final Hearing Fee £230

Type B Claims:
Claim Issue Fee £160
Final Hearing Fee £230

How long do I have to lodge my claim in the Employment Tribunal?

Time limits for presenting a claim in the Employment Tribunal are strict. For all claims expect Equal Pay and Failure to Pay Redundancy Pay, you have three months less one day from the date your employment terminated/the act you are complaining of in which to lodge your claim. If your claim is not lodged by the limitation date (and you cannot persuade the Employment Tribunal that there was a very good reason for this), your claim will not be allowed to proceed. We recommend that you seek legal advice as soon as you think you may have a claim in order to avoid missing any critical date.

Will my employer pay my legal fees for signing a Settlement Agreement?

Although it is not a legal requirement, it is custom and practice for employers to make a contribution towards the cost of you seeking legal advice on the terms of a settlement agreement. The amount of the contribution varies from employer to employer the average being between £250 to £500 plus VAT, so whether the contribution covers all your legal costs depends on the work that is required. At Beeston Shenton we will always try to get your costs for our advice in relation to your settlement agreement paid in full from your ex employer.

Do I need a solicitor to advise me on the terms of a Settlement Agreement?

Yes. This is because you are waiving your statutory and contractual employment rights. Statutory employment rights are legal rights that are afforded to you by the employment laws in England and Wales. Contractual employment rights are those are expressly stated or implied into your employment contract. Employment law is complex and before you can accept any money being offered under a settlement agreement, you need to show that you have taken appropriate legal advice and understand what it is you are giving up.

If my claim is successful, how much will I win?

It is hard to say how much compensation you may receive but you can look at the recent rates for compensatory awards here.

Am I entitled to a redundancy payment?

If you have been made redundant and have worked for your employer continuously for two years, you are entitled to receive a redundancy payment. You can get details of the rates and entitlements here.

Need more answers?

If you have not found the answer you were looking for, please call a member of our Employment Team on Newcastle-under-Lyme 01782 66 24 24 or Sandbach 01270 75 00 57.

Alternatively, you can  complete our contact form and request a call back at a time convenient to you.

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