Employment FAQs

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At Blacks we understand the impact that problems at work can have on you, and appreciate the stress that can be caused by not understanding your employment rights.

Here you can find answers to some of the most frequently asked questions Blacks’ Employment Law team are asked.

Do you offer a free hour’s consultation?

Yes, either in person or via the telephone.

How much do you charge?

That depends on the nature of your case and the seniority of the solicitor assigned to represent you. At the beginning of our relationship we will assess your requirements and provide you with an estimate of costs based on the work required. In many circumstances we are able to offer fixed fees or will agree to cap our fees at a particular level.

Do I have to pay VAT?

Sadly, yes.

Can I get Legal Aid?

Unfortunately Legal Aid is not available for employment disputes.

Do you act on a ‘no-win, no-fee’ basis?

In certain circumstances we are able to offer Damages-Based Agreements, or a No-Win, No-Fee Arrangement. Your claim will be assessed at the outset and, if it meets certain criteria, we may offer to act on a ‘no-win, no-fee’ basis, subject to you entering into a formal agreement with us.

Can I get my costs back if I win my Tribunal claim?

Possibly. There is no automatic right to recover your legal costs in the Employment Tribunal following a successful claim – and likewise, you will not generally be required to pay your employer’s costs if you lose. However, in certain very limited circumstances you may be able to recover some, or all, of your costs if the Tribunal believes it is appropriate.

Will I have to pay to bring a claim in the Employment Tribunal?

Since August 2017 you are not required to pay a fee when lodging your claim at the Employment Tribunal.

How long do I have to lodge my claim in the Employment Tribunal?

Generally speaking, you have three months less one day from the date your employment terminated/the act you are complaining of in which to start your claim. If your claim is not started by the limitation date (and you can’t persuade the Employment Tribunal that there was a very good reason for this), your claim will not be allowed to proceed. However, different claims have different complicating factors, which may mean that a different time limit could apply. We recommend that you seek legal advice as soon as you think you may have a claim in order to avoid missing any critical date.

Will my employer pay my legal fees for signing a Settlement Agreement?

Although it is not a legal requirement, it is custom and practice for employers to make a contribution towards the cost of you seeking legal advice on the terms of a Settlement Agreement. The amount of the contribution varies from employer to employer so whether the contribution covers all your legal costs depends on the work that is required. At Blacks we always try to get our client’s costs paid in their entirety by their employer.

Do I need a solicitor to represent me in the Employment Tribunal?

There is no law requiring you to be represented by a solicitor in the Employment Tribunal, but you have a much better chance of success if you are.

Do I need a solicitor to advise me on the terms of a Settlement Agreement?

Yes. As you are waiving statutory rights you need to show that you have taken appropriate legal advice and understand what it is you are giving up.

I have been dismissed/discriminated against. Am I entitled to compensation?

Possibly – every case is different. If you think you may have a claim you need to speak to a solicitor as soon as possible to establish what your rights are and to avoid missing a limitation date.

Am I entitled to a redundancy payment?

If you have been made redundant and have worked for your employer continuously for two years, you are entitled to receive a redundancy payment. You can get details of the rates and entitlements here.

 

Not got the answer you were looking for? Why not email or call Blacks’ Employment Law team today on 0113 207 0000.