Employment Issues

From employment rights to cases for unfair or constructive dismissal

Horsey Lightly offer friendly and effective advice on a wide range of issues that arise in the workplace. Our team of specialist employment lawyers in London and Newbury ensure the best outcome in all cases for unfair or constructive dismissal.

Clear, practical advice on your rights

Any number of problems and issues can arise in the workplace. Thankfully, there is much we can do to protect your rights. Our experienced team of employment law specialists will advise you on any work-related difficulties or concerns you are facing.

Starting a new job

When you are starting a new work arrangement, Horsey Lightly will provide valuable reassurance with an objective legal opinion. What is more, we will negotiate terms with your new employer to ensure that you benefit from your new role. Our team can provide the following expertise and assistance:

  • Reviewing service agreements and employment contracts
  • Reviewing contracts for services (consultants and freelancers)
  • Understanding and negotiating restrictive covenants

Workplace rights

Your employment rights will differ according to your employment status. Our team will make sure that your rights are protected with respect to:

  • Holiday and other rights under The Working Times Regulations
  • Flexible working
  • Maternity, paternity, adoption
  • Dependency leave

Disputes and grievances

When a dispute arises, we will quickly understand the situation you face. Our team will offer you guidance in the following areas:

  • Changes to terms of employment
  • Assistance with progressing a grievance
  • Advice about a disciplinary allegation or process 
  • Bonus and commission
  • Discrimination
  • Bullying and harassment
  • Sickness absence
  • Whistleblowing

Termination of employment

From helping you negotiate a settlement agreement, to taking your case to court – our team have vast experience in all termination and dismissal matters, including:

  • Notice period and pay in lieu of notice
  • Redundancy
  • Unfair dismissal
  • Constructive dismissal
  • Negotiated exits
  • Team moves and restraint of trade
  • Compromise agreements
  • Tribunal claims

Employment Tribunal Claims: as an employee

This guide is intended to assist employees as to the likely legal costs that will be incurred when making a claim 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 employee in a tribunal case will be in the region of £5,000-£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. Preparing and drafting the claim form and particulars of claim in Form ET1. 
  4. Advising on the response to the claim on Form ET3, filed by the Defendant. 
  5. Preparing and drafting the Schedule of Loss.  
  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 Defendant’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 defended by a litigant-in-person
  • Whether there are complex preliminary issues that need to be decided e.g. if the Defendant disputes you are 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 you have filed your 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 Issues Team

Jeremy Fitzgibbon
Jeremy Fitzgibbon

Managing Partner

Katie Harris
Katie Harris

Legal Executive