Employment Law

If you are having problems at work, it can be a stressful and daunting process attempting to deal with them yourself, especially if you are facing dismissal or redundancy.

We can help you and offer advice on any issue relating to your employment or engagement with a business. 

In relation to the employment law we provide services for both employers and employees. This includes:

  • Advice on Settlement Agreements.
  • Employment Tribunal representation and advice.
  • Advice regarding disciplinary or grievance related proceedings such as the following:
    • Contractual disputes;
    • Discrimination;
    • Bullying and harassment at work;
    • Public interest disclosure (whistleblowing);
    • Equal pay, wages and working time regulation; and
    • Unfair or wrongful dismissal.
  • Advising regarding managing family rights, including:
    • Maternity, paternity, adoption leave;
    • Shared paternity leave; and
    • Flexible working

       

    • Flexible working
    • Advice regarding managing sickness absence (short and long term).
    • Drafting and revising Contracts of Employment.
    • Drafting Employee Handbooks or Policies and Procedures.
    • Drafting and revising agreements for self employed workers (individual or corporate).
    • Advising on rights and obligations under Transfer of Undertakings (TUPE) and drafting documents in relation to thereto.
    • Advising regarding redundancies.

Our Charges

Our employment department charges on an hourly basis, from £180 plus VAT (for a Trainee Solicitor), £200 plus VAT (for a Solicitor) and £220 plus VAT (for a Senior Solicitor).

Our legal charges for each matter will range depending on the complexity of each case and at what stage of the tribunal process we are instructed. If we are instructed from the outset (i.e. from Early Conciliation) to the conclusion of an Employment Tribunal trial, our fees will usually range from £2,000 – £15,000 plus VAT (at 20%).

We can advise clients on an ad hoc basis if needed at various stages of the Employment Tribunal process – for example, if the client wishes us to prepare and submit the Early Conciliation Notification form on their behalf.

Potential Disbursement Costs

Likely disbursements can include the Court fee which is either £160 or £250 depending on the type of claim, Counsel’s fees and on occasion a Medical Expert’s fee if the case relates to returning to work, long term sick, or disability and a Medical Expert is required.

Counsel’s fees vary based upon the complexity of the case. Counsel’s fees are likely to be in region of £500 to £7,000 plus VAT depending if it is just advice on an ad hoc basis or more extensive Counsel involvement such as representation and trial.

Key Stages and Anticipated Timescales

If Wadsworths are instructed to bring a claim on behalf of either an Employer or Employee from start to finish this would include the following key stages:

  • EARLY ACAS CONCILIATION – this usually lasts 4 weeks. This includes taking the client’s initial instructions, submitting an Early Conciliation Notification form and then with ACAS in relation to the potential dispute. ACAS act as a mediator between the Employee and the Employer during this stage to see if an agreement can be reached without having to issue a claim at Employment Tribunal.

  • BRINGING A CLAIM/THE RESPONSE – If Wadsworths are acting on behalf of the Claimant then we would at this stage draft the ET1 form to start the claims process with the Employment Tribunal against the Respondent. If Wadsworths are acting for the Respondent then we would receive the ET1 from the Claimant or their Solicitors and would file the Response (ET3) within 28 days of receipt.

  • THE SIFT – After the response has been accepted, the case will be refereed to an Employment Judge to consider next steps from the papers submitted. The Judge will consider whether any parts of the claim should be struck out and would write to the parties accordingly. Wadsworths would deal with any enquiries raised by the Judge on behalf of the either the Claimant or Respondent.

  • RESPONSE FROM TRIBUNAL – Directions – The Judge will set a hearing date with a timetable of directions setting out what needs to be done and when by both parties. We would advise our client of this timetable and ensure all documentation is submitted in accordance with the Judge’s directions.

  • PRELIMINARY HEARING – This is to clarify the issues of the claim at hand. The parties will seek to agree the appropriate directions with dates. The parties will look to list the matter for trial. If appropriate the parties will consider judicial mediation which is usually offered by the tribunal for cases lasting 4 days or more (more complex cases). The Judge will ask the Claimant to provide a Schedule of Loss. We assist Claimants in preparing Schedules of Loss based upon their circumstances and how much loss they have incurred as a result of the Respondent’s actions.
  • DISCLOSURE AND INSPECTION – Both parties send to one another a bundle of documentation relevant to the case. The other side may request copies of documents for “inspection” which means they are asking for copies of the documents that have not been provided by the other party. There are strict deadlines for disclosure and inspection and therefore we assist clients in preparation of these bundles to ensure that the deadlines are met.
  • WITNESS STATEMENT – each person that intends to give evidence at the Tribunal must prepare a Witness Statement. It must usually be exchanged before the hearing. We assist clients in drafting Witness Statements and ensuring that they meet the proper court format.
  • TRIAL PREPARATION – This includes a pre-trial conference which is often helpful for the witnesses to meet with the person representing them in advance. It also may include negotiation as settlement can occur at any time. We assist clients in negotiating with the other side to ensure that the client’s needs are being met and advising on any offers received.
  • TRIAL – The length of the Trial will vary from case to case. We assist clients with representation at Trial alongside Counsel.

“Would Recommend Gemma Dempsey and Wadsworths in a heartbeat
Gemma Dempsey was fantastic throughout a very drawn out and frustrating time whilst sold our old and bought our new home. The lower chain really held things up with their choice of online conveyancers, but Gemma had everything ready really quickly. Gemma would often respond to any emails or phone calls we sent or made to her within minutes and when I wasn’t sure of things, she clearly communicated in a way I could understand. There were several occasions where I asked her about something raised by our lower chain, but she’d already sorted it before I had even got in touch. When things got tense and our upwards chain threatened to pull out, she politely but firmly fought our corner and saved us from more stress. Gemma and Wadsworths are fantastic solicitors. Me and my wider family have used them for conveyancing, and other services such as will writing and processing following deaths and they’ve been efficient and professional, whilst also very friendly to deal with.”

Review Solicitors, July 2024

Residential Conveyancing  Shirley
Residential Conveyancing

“Great service from Gemma and her team.”

Google Review, July 2024

Residential Conveyancing  Shirley
Residential Conveyancing

“Excellent
Communication was impeccable. Gemma and team were always on hand to answer any questions and queries, they took next to no time to respond. They guided me through the process and explained each step, giving realistic honest deadlines. I could not recommend them enough. Thank you Gemma and Nicole!!!”

Review Solicitors, July 2024

Residential Conveyancing  Shirley
Residential Conveyancing

“Excellent and Friendly Service
Excellent, Professional and Efficient Legal service with all the staff contributing towards a swift and desirable outcome. No hesitation in recommending them to anyone who asks and the ‘proof of the pudding’ is that I will use them again. A special thank you and mention to Sophie and Gemma”

Review Solicitors, July 2024

Residential Conveyancing  Shirley
Residential Conveyancing

“Highly recommend Wadsworths, a wonderful family Solicitors. Michael completed two Wills for my husband and myself. His recent legal advice was understandable and swift. Alex is also currently working on a change of equity for us. Unlike corporate lawyers, Wadsworths is a family practice and you get a personal and swift service at a fair and reasonable price. I wouldn’t use anyone else now.”

July 2024

Wills & Residential Conveyancing Shirley
Wills & Residential Conveyancing

Meet Our Employment Law Team

Our Employment Team is supervised by  Alexandra Tait (Director).

Hannah Halden

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