Employment Law Solicitors in Warrington If anyone can resolve your employment law nightmare, it’s us.
We are experienced employment law solicitors and we have helped numerous clients from all walks of life to resolve their disputes. Whether you are an the owner of a business or an employee we can help. Your problem will only be dealt with by a fully qualified solicitor who has the level of expertise to give you the best possible advice. Telephone 01925 937070 or complete our contact form and we will call you back at a time convenient to you.
At DSM Legal Solicitors, our employment lawyers are dedicated to helping you protect your rights and offer straightforward guidance on the complex nature of employment law. Our team can provide specialist legal advice on all UK issues. All of our team come with years of experience in helping achieve the outcome you deserve.
Making an employment law claim
Our full employment law service includes everything from Employment Tribunal representation to work discrimination and redundancy packages.
We advise both employees and employers and will give you straightforward, no-jargon advice. Losing your job or dismissing an employee is stressful enough, make sure that you choose the right solicitor for you and one that has your best interests at heart so that you can reach the solution you want.
Employment law covers a wide range of legal issues and each of our services is tailored to your specific needs. Our team are committed to serving the best interests of our clients and resolving all employment disputes as efficiently as possible.
Our solicitors advise on all aspects of the law, including:
Compromise or Settlement Agreements
If your issue results in an Employment Tribunal, we can provide expert legal advice and representation to ensure your future is secure.
Funding Your Claim
Worried about the cost of bringing a claim? This is a common worry, especially if you have recently lost your job or been made redundant.
How much does it cost to bring an unfair dismissal claim?
Our pricing for bringing and defending claims for unfair dismissal/discrimination (excluding Counsel’s fees)
Simple case: £5,000.00 – £7,500.00 (excluding VAT)
Medium complexity case: £7,500.00 – £9,000.00 (excluding VAT)
High complexity case: £12,000.00 – £15,000.00 (excluding VAT)
Factors that could make a case more complex:
If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
Defending claims that are brought by litigants in person
Making or defending a costs application
Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
The number of witnesses and documents
If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
Allegations of discrimination which are linked to the dismissal
There will be an additional charge for attending a Tribunal Hearing of £750.00 per day
(excluding VAT). Generally, we would allow 1 – 2 days depending on the complexity of your case.
Additional costs – Counsel’s fees
We will instruct Counsel to represent you at all hearings, including preliminary hearings. Counsel’s fees are estimated at between £1,000.00 to £1,750.00 per day plus VAT (depending on the experience of the advocate) for attending a Tribunal Hearing (including preparation).
Strict Time Limits
Strict time limits apply in employment law. For example, a claim for unfair dismissal must be issued in the Employment Tribunal within 3 months of the effective date of termination (EDT). The time limits are very strict so you should ensure that your claim is issued in plenty of time.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 8 – 12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 20 – 26 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
Unfair Dismissal Claims
We are experts at handling unfair dismissal claims. Finding out you have lost or are about to lose your job can be a shock and very stressful, especially if you were unfairly dismissed or unfairly selected for redundancy. You may not know what to do next or where to turn. Our expert solicitors are here to help – we have helped and advised on numerous unfair dismissal claims.
Bringing a Claim for Unfair Dismissal
To bring a claim for unfair dismissal you are required to have two years' continuous service, although there are exceptions to this rule. Exceptions, for example, include if you were dismissed for belonging to or refusing to join a trade union, where dismissal is linked to pregnancy or maternity rights, dismissal in relation to health and safety rights, dismissal due to whistle-blowing and other various reasons for exception to the two year rule.
What Makes a Dismissal Unfair?
i) The employer must show what was the reason for the dismissal. The reasons must be one of the potentially fair reasons (see below) or for some other substantial reason of a kind such as to justify dismissal;
ii) The Employment Tribunal will then decide whether it was fair to dismiss for that reason.
Potentially fair reasons for dismissal
a) a reason relating to the employee’s capability or qualifications. Capability is assessed by reference to skill, aptitude, health or any other physical or mental quality.
b) a reason relating to the employee’s conduct. Potential misconduct may include theft, fighting, disobedience, unauthorised absence, misuse of telephone, email or internet.
c) retirement (in certain circumstances this can be unfair and could constitute age discrimination);
d) redundancy. A number of issues may have to be considered to establish whether or not the reason for dismissal (i.e. redundancy), was fair, e.g. whether there was a genuine redundancy situation or whether the selection for redundancy was fair
e) the employee could not continue to work in the position he held without contravention of a duty or restriction imposed by or under an enactment; e.g. loss of a necessary qualification for doing the job, such as a delivery driver losing his driving licence.
or, as stated above, for some other substantial reason. This may be, for example, because the employer claims dismissal is necessary as a result of reorganisation of the business.
Automatic Unfair Dismissal Claims
There are some cases where dismissal is automatically unfair and violate an employee’s statutory rights. This includes dismissal due to parental leave, maternity leave or time off for dependents. If an Employment Tribunal identifies an automatic unfair dismissal, it can prescribe an uplift of compensation.
Incorrect Dismissal Process: If your employer has not followed the correct dismissal process then you could potentially claim compensation. For example, if they do not adhere to company regulations or basic employment guidelines.
Discrimination at Work Legal Advice
There is no place for discrimination at work, or anywhere else for that matter.
We are experts in discrimination and equality law. Whether you are an employee or an employer call us for expert assistance.
It is unlawful to discriminate against people at work on the grounds of sex, age, disability, race, religion or belief, pregnancy, sexual orientation, gender reassignment and marriage or civil partnership. It is supported by the Equality Act 2010 and you can find out more information on ACAS’s website (The Advisory, Conciliation and Arbitration Service) by clicking here.
What is Discrimination in the Workplace?
It is illegal for employers to discriminate against an employee because of any of the following:
Gender (sex discrimination) | Pregnancy | Disability | Sexual orientation | Gender reassignment | Marriage or civil partnership | Race | Age | Nationality | Religion or belief | Ethnic background
We provide legal advice and representation to employees who believe they have been discriminated against by an employer. Our approach is to achieve the best outcome for our clients at the least possible cost.
What to do next
If you have looked at our website and wish to bring or defend an employment tribunal claim contact us for further information.
Our Warrington office is minutes away from Junction 8 of the M62. Email [email protected] for more information. Free parking onsite and disabled access.
Before contacting us you may wish to telephone ACAS on 0300 123 1100 (open Monday to Friday, 8am to 6pm) or visit their website www.acas.org.uk. ACAS can provide initial advice. Alternatively you can make an appointment at your local Citizens Advice Bureau (CAB) – find your local CAB office by clicking here.