Business Employment Law

Employment law is a complex, constantly changing area of law.

Employers have enough to do running their businesses without having to worry about every single change in the law or employment issues that arise within the workplace.

TMJ Legal Services provide a comprehensive service to support you and your business in relation to any employment claims. We pride ourselves on being friendly and approachable and we try to answer all queries quickly and efficiently.

We advise on all areas of employment law from the creation of employment contracts to the termination of employment and dealing with Employment Tribunal claims.

Many small employers are wary of taking advice because they are worried about incurring large legal costs. In our experience taking timely advice can avoid much greater legal costs at a later date.

TMJ Legal Services can advise on the creation of employment contracts, contract problems, change of contracts, problems within employment such as discrimination claims and also in relation to termination of contracts and potential legal claims arising from that.

In addition, TMJ Legal Services can advise in relation to the transfer of ownership of a business, particularly in relation to TUPE (Transfer of Undertaking and Protection of Employment Regulations). This is a very complex area of law and we have experience in advising employers in these types of situations.

Keith Morgan is the resident employment lawyer at TMJ Legal Services. Keith has a wealth of experience in advising both employers and employees in relation to employment problems and can be contacted on 01429 230 044, email kmorgan@tmjlegal.co.uk.

Information about our fees for employment tribunals

Our charges for bringing or defending claims for unfair in the employment tribunal.

Our charges are generally calculated on a time-spent basis. The particular issues in any given case will have an impact on the amount of time spent. Those issues include the extent to which the evidence of the parties is agreed, the degree of cooperation from the opponent, the amount of documentary evidence, the value of the claim, the number of witnesses and the complexity of the underlying legal issues such as additional allegations of discrimination being linked to the dismissal.

We would generally expect the following charges:

• Simple case: £1000 – £3000 (plus VAT of 20%)
• Medium complexity case: £3000 – £5000 (plus VAT of 20%)
• High complexity case: £5000 – £10,000 (plus VAT of 20%)

There will be an additional charge for representation at the final tribunal hearing. Typically, this can range between £750 – £2000 (plus VAT of 20%) per day depending upon the complexity of the issues and the value of the claim. Many cases can be heard within 1 – 2 days. More complex cases with many witnesses can take up to 5 days or more to hear.

Disbursements

Disbursements are costs relating to your matter which are payable to third parties. In an employment tribunal case the most significant disbursement is likely to be counsel’s fees for representation at trial should you wish to employ the services of a barrister. Counsel fees are charged at a daily rate. Typical rates for the first day of a trial can vary between £500 – £3000 (plus VAT) depending upon the experience of the barrister and the complexity of the case. The rate for any subsequent day of trial is generally a proportion of the fee for the first day.

What our estimate covers

The estimates above cover the following main stages of a typical claim:

• Taking initial instructions and providing initial advice
• Preparing the claim or a response to the claim
• Preparing or considering a schedule of loss and preparing any counter schedule required
• Preparing for and attending any preliminary hearing
• Exchanging documents with the other party and agreeing on a bundle of documents
• Preparing witness statements and considering the other party’s statements
• Exploring settlement possibilities throughout the process
• Preparing for the final hearing including instructions to counsel

If any of the above stages are not required our charges are likely to be lower. If you wish to handle the claim yourself and to receive advice only in relation to some of the above stages again our charges are likely to be lower. We are happy to negotiate with you a charging package which is suited to your individual needs or requirements bearing in mind the general rule that costs are not awarded in the employment tribunal.

How long will your matter take?

This is again linked to the complexity of the case and also to the chances of a settlement being reached. If your claim proceeds to a final hearing will typically take between 3 and 6 months from the date of proceedings being issued. Larger and more complex cases may take longer.

To get in touch with us regarding any of the areas below please contact Keith Morgan.