Employment Law

Business employment law advice from our employment law solicitors

As this area of business grows increasingly complex, our employment law solicitors in Newbury and London will make sure that the needs of your business and your people are protected.

Up-to-date expertise

Employment law is a fast and ever-changing area of business. Our focus is on being proactive not reactive. Therefore, our team is committed to keeping their knowledge current and one step ahead. In this way, we can protect your business in the long-term and ensure that your success is sustainable.

Effective advice and support

From helping you adapt to comply with new legislation, to providing fast and effective solutions to any employment issues that may arise in the workplace – we are always ready with the answers you need. Our team of employment law solicitors provide excellent advice and support in person.

How we can help

Horsey Lightly offers valuable advice and guidance on both non-contentious and contentious matters, including any issue that many arise from starting a new business, through to its closure or transfer. Whether you need helping drafting a staff handbook, or dealing with an employment tribunal, High Court or County Court, our people will provide the guidance you need.

Non-contentious areas

Drafting contracts of employment and service agreements (for employees of all levels), consultancy agreements and company policies and procedures

  • Business Protection, Confidentiality and Restrictive Covenants
  • Compilation and advice on Settlement Agreements and severance packages
  • Disclosure and consultation requirements upon business sales and acquisitions
  • Business Transfers / Sales / Mergers and Acquisitions
  • Transfer of employees (TUPE implications)
  • Redundancy (collective and individual)
  • Senior engagements
  • Trade Union issues
  • Guiding you through new legislation

Contentious areas

  • Termination of employment  
  • Defending unfair dismissal, discrimination and protected disclosure claims (whistleblowing)
  • Employment tribunal claims
  • Disciplinary and grievance processes and procedures
  • Redundancy and restructuring processes and procedures
  • Breaches of restrictive covenants, confidentiality and pursuing injunctive proceedings and claims for damages
  • Management of stress and sickness absence in the workplace
  • Parental rights and flexible working
  • Industrial Relations / Disputes / Strikes

Our employment lawyers work closely with our business solicitors and commercial property solicitors and the litigation team as your case requires.

Employment Tribunal Claims: as an employer

This guide is intended to assist employers as to the likely legal costs that will be incurred when defending a claim made against it in the employment tribunal, be it a claim for:

  • Unfair Dismissal;
  • Constructive Unfair Dismissal;
  • Wrongful Dismissal;
  • Discrimination; or
  • A mixture of the above. 

Our fees for acting for you as an employer in a tribunal case will be in the region of £7,500-£15,000 plus Vat and disbursements. 

The fee estimate above covers the following stages of an ET claim: 

  1. Taking your initial instructions, reviewing the papers and advising you on the merits of your case and likely compensation to be awarded (this will be under constant review throughout the case). 
  2. Entering into the mandatory pre-action conciliation with ACAS to explore whether a settlement can be reached without the need for litigation.
  3. Advising on the claim form in Form ET1 issued by the claimant. 
  4. Preparing the Response to the claim on Form ET3. 
  5. Considering the Schedule of Loss provided by the claimant.  
  6. Preparing for a preliminary hearing (if applicable) 
  7. Exchanging documents with the other party and agreeing the bundle of documents
  8. Preparing the necessary witness statements.  (This step includes taking instructions from the witnesses, drafting the document and finalising the same with the witness.) 
  9. Reviewing and advising on the claimant’s witness statements. 
  10. Agreeing the index for the final hearing bundle.
  11. Agreeing to the list of issues
  12. Agreeing a chronology (if necessary)  
  13. Preparation and attendance at the final hearing.

There will also be disbursements (third party payments) on top of our fees. In most cases, counsel will be instructed to attend the hearing on your behalf and their fees will depend on the experience of the advocate. I would estimate that these fees will be in the region of £3,000 to £5,000 plus Vat for one day plus any trial preparation and any disbursements. 

Factors affecting the estimate:

It is difficult to provide an accurate estimate for costs for proceedings such as these as there are numerous factors that will affect the estimate. These can include:

  • Whether the claim includes multiple elements e.g. a claim for unfair dismissal claim plus discrimination. 
  • Whether the claim is being bought by a litigant-in-person
  • Whether there are complex preliminary issues that need to be decided e.g. if the claimant is actually an employee. 
  • The number of witnesses and the amount of documentation required to be reviewed. 
  • Whether the claim is an automatic unfair dismissal claim.

Timescales

The time that it takes from taking your initial instruction to the final resolution depending on the stage at which your case is resolved.  If a settlement is reached  at Stage 2, after both parties have filed their respective arguments, then your case may only take 8-12 weeks. If you claim proceeds to a final hearing, it is likely to take 6-12 months. However, it really will depend upon each individual case and which Employment Tribunal is being used and the length of the hearing. We will be able to provide a more accurate timescale as the case progresses. 


The Employment Law Team

Jeremy Fitzgibbon
Jeremy Fitzgibbon

Managing Partner

Katie Harris
Katie Harris

Legal Executive