Employment Law- Employers
Employment Law is a fast changing field where you need expert advice every step of the way. At Beaumonde Law Practice in Harrow, we specialise in all aspects of employment law, advising both employers and employees.
Our aim is to help you achieve a harmonious workplace whilst keeping legal expenses to a minimum.
At Beaumonde Law Practice, we have vast experience in employment law and can draft grievance and disciplinary procedures for you. Beaumonde Law Practice can give you advice about what to do if an employee raises a grievance or if you feel the need to take disciplinary action against an employee. Beaumonde Law Practice can draft contracts of employment and settlement/compromise agreements.
We can help you defend any claims an employee may bring against your business, with respect to their employment.
and claims arising out of
union membership ,
requests for flexible working and
requests for parental leave.
If you need expert representation at the employment tribunal, then look no further than Beaumonde Law Practice
PREVENTION IS BETTER THAN CURE
You can help us to help you by seeking our assistance as soon as possible and, preferably, before any problem arises.
DRAFTING CONTRACTS AND PROCEDURES
Well drafted employment contracts and clear procedures mean employees know where they stand and provide a clear road map for them to complain, or for you to act ,if there are failings in their behaviour or performance. We can draft those contracts and procedures. This is the best way to avoid workplace disputes at minimal cost.
Clear disciplinary and grievance procedures make it less likely for an employee to successfully bring a claim against your business.
If there is a problem with an employee, then we can show you how to deal with their complaint or how to discipline them.
SETTLING A CLAIM BEFORE IT IS ISSUED
If an employee resigns, or if you have to dismiss them, then they must apply to ACAS to try and settle any claim before they can issue proceedings at the Employment Tribunal.
We can negotiate with ACAS, on your behalf, to settle a dispute on the best of terms.
We charge a fixed fee, for negotiating with ACAS, of £400 plus VAT.
If that fails, and if an employee issues proceedings at the employment tribunal, then we can hold your hand every step of the way.
There may be opportunities ,before final hearing to settle if you agree and if we advise that is the best thing to do. This will also help to reduce legal costs.
Sometimes, the best way for parties to deal with a dispute is by someone neutral assisting them to come to a solution they both can agree to. This is the purpose of mediation and is a cost- effective way of settling employment disputes .
Sundeep Bhatia is an accredited mediator, trained by world leaders, CEDR. He is available to provide mediation on a neutral basis if jointly instructed by both you and your employee.
In other circumstances, he can attend a mediation, on your behalf, to provide legal advice to your business during the course of the mediation
THE COSTS OF DEFENDING AN EMPLOYMENT TRIBUNAL CLAIM FOR UNFAIR DISMISSAL.
There are two ways of funding the defence of an employment tribunal claim.
In some cases ,if you have legal insurance for your business, then we may not have to charge you for defending proceedings, because the insurance policy of your firm might cover your legal costs. The terms on which we can do so will depend on the terms of your legal policy.
Your insurance company may require this firm, or a Barrister instructed by this firm, to advise regarding the chances of success before it will fund your defence of a claim. If that is the case, then you will need to fund this initial advice at a cost of between £750 and £2500 plus VAT depending on whether this firm prepares the advice or whether a Barrister does. A Barrister’s fees for such an advice would vary depending on his or her experience. The complexity of a claim may also result in an increase in the costs of obtaining this advice.
The other way in which we can deal with a case is by an hourly rate.
All preparation work by this firm, will be carried out by Sundeep Bhatia who is a solicitor who qualified in 1992. He sits on the Employment Law Committee of the Law Society. His hourly rate of charge is £300 an hour plus VAT.
These are some of the variables which can decrease or increase the cost of defending an employment tribunal claim for unfair dismissal.
The number of incidents involved.
Whether there are additional claims such as discrimination.
The number of witnesses involved.
The number of employees bringing a claim against your business
The number of case management hearings before the final hearing takes place.
The length of the final hearing.
If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
Making or defending a costs application
Complex preliminary issues such as whether the claimant is disabled (if this is not agreed with the claimant).
GENERAL ESTIMATES FOR UNFAIR DISMISSAL CASES THAT DO NOT SETTLE BEFORE FINAL HEARING
We can give three general estimates regarding costs. These estimates cover costs from notification an employee has issued proceedings up until final hearing.
If the case settles , before the final hearing, then this will lower the cost of defending a claim.
STRAIGHTFORWARD CASE - £5000 TO £12,000 PLUS VAT.
MEDIUM COMPLEXITY- £12,000 TO £18,000 PLUS VAT.
HIGH COMPLEXITY - £18,000 TO £30,000 PLUS VAT.
The above are for guidance only as no two cases at the tribunal are identical.
Please note that the above estimates only apply if Sundeep Bhatia of this firm is preparing and presenting your tribunal case.
INSTRUCTING A BARRISTER
If we feel it appropriate, or if you require it, then we can instruct a Barrister to present your case.
However, additional fees would apply depending on the seniority of the Barrister instructed.
WORK INVOLVED IN DEFENDING AN UNFAIR DISMISSAL CLAIM
The steps involved in preparing a case at the employment tribunal are as follows.
Preparing a claim or a response
Reviewing and advising on claim or response from other party
Exploring settlement and negotiating settlement throughout the process
Considering 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 bundles of documents
Reviewing and advising on the other party’s witness statements
Preparing for (and attending) a Preliminary Hearing
Agreeing a list of issues, a chronology and/or cast list
Preparation and attendance at Final Hearing, including instructions to Counsel (if instructed.)
The stages set out above are an indication and if some of them are not required, then costs will be reduced.
You would also need to fund disbursements such as travel and, if applicable, non-legal expert fees, if required. We would obtain quotes for such experts , and would clear these with you, before incurring their fees.
HOW LONG WILL IT TAKE TO DEFEND A CLAIM?
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 to 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.
INITIAL FIXED FEE INTERVIEW.
We appreciate that this is a lot of information and not all of it will apply in every case.
Why not book an initial appointment so that Sundeep Bhatia can discuss your individual requirements with you . We do an initial fixed fee consultation for £150 plus VAT.