EMPLOYMENT LAW
We are able to advise clients on employment related issues and act in both contentious and non-contentious employment matters; representing either the employee or the employer. Our firm can help in drafting/negotiating contracts of employment or challenging breaches of its terms, matters arising from working hours and holidays, Maternity and Sickness related matters, health and safety, data protection, and matters relating to discrimination either on gender, race, religion, sexual orientation or disability.
We are very experienced in acting for employees and have represented claimants in both the First Tier and Upper Tribunals. We have acted in unfair dismissal cases, race and sex discrimination cases, victimization, harassment, disability discrimination (failure to make a reasonable adjustment within the meaning of the relevant provisions of the Equality Act 2010) and many other employment related matters.
In acting on your behalf, we have an initial meeting with you to discuss your employment matter. During these meetings, we ask you to give a comprehensive explanation of the facts of your case, with specific emphasis on what happened, dates, the witnesses you have (if any). We will ask you to give a brief explanation of the documents you may have in support of your case and we will at the meeting, conduct a brief review of the documentation that you have immediately available. At that point, we should be able to tell you our opinion about your matter, and if we are able to take up your case.
We charge an all-inclusive sum of £100.00 (One Hundred Pounds) for this 30 minutes initial consultation.
Time Limit
It is important you know there is a time limit within which you are required to bring your employment tribunal proceedings. Usually within three months. In dismissal cases the three months period begins from the date your employment ended; whilst in discrimination cases or complaints relating to non-payment of wages or holiday pay, the three-month period begins when the matter you are complaining about happened.
Although the tribunal may allow some proceedings brought out of time in very exceptional circumstances or if it is in the interest of justice to do so, this power is however rarely ever exercised by the tribunal. It is therefore important that you do as much as possible to ensure that your matter is brought within time.
Also, there are some acts which are classified as continuing. If the matter that you are complaining about constitute a continuing act within the meaning of the law, then you might be able to bring your action, notwithstanding that the act occurred more than three months before the date of filing your ET1; but it is important that you know that what constitutes a continuing act could be subject to legal arguments. To avoid such, it is advisable that you bring your claim within time.
Before filing your ET1
The ET1 is the claim form you file when bringing an employment tribunal proceeding. Prior to 6 May 2014, the practice was to file an ET1 as soon as you believe it is appropriate to bring an employment tribunal action.
The situation changed effective from 6 May 2014. You are now required to include in the ET1, an ACAS Reconciliation Certificate Number. If it is not included, and your claim is one that is subject to an Early Reconciliation requirement, then your claim may be rejected. Under the new procedure, before you can file an ET1, you must demonstrate that you have passed through ACAS early reconciliation process.
You may decide to not necessarily follow the process through and just request your certificate, but you are required to first of all approach ACAS to inform them of your case and that you intend to bring an employment tribunal proceeding. ACAS will require you to complete a short Early Reconciliation Form.
During the ACAS early reconciliation process, the “clock stops”. What this means is that the limitation period within which you are allowed to bring your employment proceeding will stop running. Please note that commencing an early reconciliation process after the three months’ time limit will not cure your lateness.
If you are able to resolve with your employer during the reconciliation process, then you may not need to go to the tribunal. If on the other hand, you are unable to agree within the required timeframe, the ACAS conciliator has the authority to extend the reconciliation period for a further two weeks with the consent of parties. If you are still unable to agree, you have issued a Certificate, and it is usually indicated on the certificate that you must bring your employment tribunal proceedings within 30days of the date of the certificate.
Funding your employment matter
During the initial consultation, we will ask if you have any insurance or scheme in place to fund your case, and we will also explain to you all options open to you to fund your matter.
Where there are no other options available, we may be able to agree fixed fees to act for you in some cases and in some other cases, we may agree to act for you, upon your entering into a Damage Based Agreement with us (on a no-win-no-fee basis) in accordance with the Damage Based Agreement Regulation 2013 or any relevant regulatory legislation/Direction at the time of your case. It is important to note that in some cases, the tribunal may require you to pay the legal cost of the other party if you lose your case.