Up to the first half an hour of the initial discussion with a new client is free of charge. This meeting enables us to evaluate how we can assist you and to explain the services we provide and to explain our fees. During this meeting we will also advise you of alternative free and fee paying services that might be relevant to you. If you wish to proceed then we will write to you explaining the services offered with details of our fees. If you choose not to go ahead at this stage you are under no obligation to do so and will have incurred no cost.
Your contract with us:
Your contract is established once you have agreed in writing to purchase the services we have offered to you. You are permitted a cooling off period of 14 days after signing any agreement during which period you may cancel the agreement and be entitled to a refund of any payments made to us. You may terminate your contract at any time by contacting us and giving 7 days notice in writing. You will be charged at the agreed rate for the work we have undertaken for you up to and including the date of termination and for any committed costs which we necessarily incur as a direct consequence of the cancellation.
A set fee for specified work:
If the proposed work has clear parameters upon which a set fee can be determined then a firm written quotation will be provided specifying the work to be undertaken and the total charge for this work. For example set fees can be provided for auditing of employment procedures for legal compliance, drafting of contracts, providing legal opinions, and some of the training and consultancy services which we offer. Once a written quotation is given and accepted by the client then it will only be subject to variation if additional work is required and then only after advising you in writing and obtaining your acceptance of the change. In this way we ensure that you know the amount of your financial commitment and can budget accordingly.
An hourly rate:
Often it is not possible to be precise about the amount of work involved. This is where the circumstances may be dynamic and evolving such as a workplace dispute, redundancy negotiations or in individual disciplinary or grievance situations. If the issue requires a negotiated settlement or representation at an employment tribunal in cases such as unfair dismissal, discrimination etc. then it will probably not be possible to quote a set fee. Instead we either charge an hourly rate of £75 inclusive of all expenses and other disbursements or, for employees, we can offer a 'no-win, no-fee' service. [see below for details]
We will provide you with an indication of the approximate number of hours chargeable against the work proposed. If the work is undertaken over a prolonged period, a budget of monthly hours can be prepared and you will be advised when the limit of these budgeted hours is reached. In this way you can monitor your ongoing financial commitment and plan accordingly. Our fees compare favourably with a typical rate charged by a City law firm of £300 per hour, a local high street solicitor of £150-£200 per hour and trainee solicitors and legal executives of £100-£125 per hour.
Payment:
Payment is made against an itemised invoice.The invoice is submitted upon the completion of the work, or at the end of each calendar month if the work extends over more than one month. Payment is due upon receipt of the invoice. Payment should be made by cheque payable to Employment Law Services, or by automated bank transfer ; using the bank details provided on the invoice, or by some other payment method that has been agreed. Cheques should be sent to: Employment Law Services at: 40 Fish Lane, Bognor Regis. West Sussex. PO21 3AH.
INFORMATION REGARDING LEGAL COSTS AND EMPLOYMENT TRIBUNALS
Legal costs and the employee:
The government scheme, run in England and Wales by the Legal Services Commission, does not help with legal representation costs in employment disputes unless it can be demonstrated to be a criminal negligence claim. It may be possible to obtain some free advice and help with preliminary legal costs if you are on means tested benefits or on a low income. Click on this link and scroll down to the foot of the page to see some of the organisations that might help. Legal expenses are sometimes included in household insurance policies but the wording of these policies will often be restrictive. We will be happy to give a preliminary view of whether your legal expenses cover might allow you to recover costs from your insurance company.
As an employee, win or lose, you will need to pay your own legal fees. That is the fees for the services that we and any others have provided to you in pursuing your claim. You will not normally have to pay the employer's legal fees, even if you lose, apart from in exceptional cases where you or your representative has been 'vexatious,abusive,disruptive or otherwise unreasonable.' or if the bringing or conduct of the case was 'misconceived'; that is the claim had no reasonable prospect of success. None of these circumstances should arise with proper advice and representation.
In respect to using our services there are two options regarding legal fees.
Option 1 - Hourly rate
You can engage our services on the normal rate of £75. per hour as described above.
Option 2 - 'No win, no fee'
You can engage our services on a 'no win,no fee basis' if we assess your case as suitable for this fee structure. This means that, from the date of the no win no fee agreement you will not be liable to pay our fees if your claim is unsuccessful. If your claim succeeds then you will pay our agreed fee; usually based on a percentage of the amount of the award that you receive. If your claim fails then you will not have to pay our fees. In the exceptional circumstances where your claim has been deemed: 'vexatious,abusive,disruptive,or otherwise unreasonable' or 'misconceived' [i.e.no prospect of success] you may have to pay the employer's legal costs. 'No win no fee' therefore provides the opportunity to pursue a rightful claim without the worry of accumulating legal bills if you lose.
Assessing the prospect of success of your claim:
The initial meeting provides the opportunity to assess the general merits of your claim and the prospects of success and to set out the likely costs and agree a suitable charging structure. If at the initial stage, or subsequently, facts come to light that suggest that your case has little prospect of success you will be advised accordingly.
Additional information:
We do not offer insurance policies or loans to cover the risk of legal fees having to be paid.
Legal costs and the employer:As an employer you will normally have to meet your legal fees, win or lose; although such costs may be covered by your own insurance policies. In practice, if your position is sufficiently strong, then it is probable that a negotiated settlement will be achieved without having to incur the legal costs of an employment tribunal.
If an employee insists on pursuing a claim that has no reasonable prospect of success or is regarded as: 'vexatious,abusive,disruptive or otherwise unreasonable' then the employment judge may require the employee to pay the employer's legal costs; although this does not happen in very many cases.
Disclaimer and limitation of liability:
This website is provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Employment Law Services will not be liable for any indirect or consequential loss or damage whatever arising out of or in connection with the use of the Website.
Employment Law Services makes no warranty that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Jurisdiction:
These terms and conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts in any adjudication.