Legal Services for Employees
At Summit Law LLP we are with you every step of the way, from the recruitment process, to promotions or internal disputes and the termination of your employment. We understand that your employment is a major part of your life and so can be extremely stressful when relationships break down.
We act for all individuals at all levels in both private and public sectors.
We pride ourselves on being approachable and providing friendly, sensible advice. When instructing a lawyer, we understand that you want an employment specialist with the required experience, skill and knowledge but that empathy is also essential.
Employment law changes every year and so it is important to seek up to date legal advice as soon as an issue arises. There are also certain guidelines that you should comply with in order to protect your position, should you find yourselves involved in Employment Tribunal Proceedings at a later date or agreeing to the terms set out within a settlement agreement.
Contact us today for assistance and or information in relation to:
- Employment status
- Employment contracts/contracts for services
- Breach of contract / Wrongful dismissal
- Disputes regarding bonuses, commission and/or share entitlement
- Constructive and Unfair Dismissal
- Equal pay
- Less favourable Treatment
- Maternity leave / Shared parental leave
- Sickness and incapacity
- Bullying and harassment
- Disciplinary and grievance procedures
- Individual redundancy
- Collective redundancies
- Settlement agreements and negotiations
- Confidentiality and fiduciary duties
- Restrictive covenants
How our employment law solicitors can help you
As Employment law solicitors in London, Summit Law is able to help you determine whether are employed, self- employed or a worker and advise you in relation to the terms of any proposed contracts.
We can advise you as to whether you have any potential claims against your employer, including claims relating to breach of contract, constructive and unfair dismissal, discrimination, equal pay, less favourable treatment, TUPE, whistleblowing, unlawful deduction of wages, redundancy and more. We can also help you to understand any potential restrictive covenants post-employment.
Summit Law can advise you in relation to settlement agreements and negotiate the terms of the same to suit your needs.
How to make an employment tribunal claim
Before you take steps to make an employment tribunal claim, we strongly recommend that you seek legal advice from employment law solicitors as to (1) the time limit within which to bring your claim (2) whether your claim is likely to succeed and (3) if so, what you can expect as a remedy. This will depend on whether you are seeking re-instatement with your employer, compensation or a recommendation (this applies to discrimination cases when the employment tribunal recommends that an employer takes certain steps to reduce the effect of discrimination on you and other members of staff).
Once you have received the above advice and if you wish to continue, the next step will be for you or your employment solicitors to contact the Early Conciliation team at ACAS and let them know that you intend to make a claim. ACAS then attempt to facilitate settlement discussions between you and your employer to avoid a claim being made. If settlement discussions are not successful you will receive a reference number which you will need when issuing your claim.
You, or your employment law solicitors, can issue a claim by completing an “ET1” form online, or printing the same and sending it to the appropriate employment tribunal. The ET1 should be accompanied by Grounds of Claim, which sets out details of the behaviour you are complaining of.
Can you claim for unfair dismissal and discrimination?
If you have worked for the same employer for more than two years, you can make a claim for both unfair dismissal and discrimination (unless you fall into one of few exceptions – such as working for the armed forces).
It should be noted, however, that you cannot claim for the same financial loss under both claims as that would be seen as double recovery. It is likely that you would be advised to claim for your financial loss in the discrimination claim rather than unfair dismissal claim as there is no statutory cap to the amount of compensation you can seek for discrimination whereas there is for unfair dismissal. Our expert employment law solicitors will be able to advise you further.
How much compensation can I get for claim against my employer?
If you are successful in a claim against your employer, you may well be entitled to compensation. The amount of that compensation will depend on your length of service, your age and your annual salary.
You are able to claim for any payments that are due to you under your contract, such as unpaid wages and holiday pay, but you may also claim for any financial loss (for example, loss of earnings from the date you were dismissed to the date you find new employment), injury to feelings, personal injury (such as depression or a physical injury) and aggravated damages (when your employer has acted in a particularly bad way).
What is the time limit for an employment law claim?
Different claims have different time limits. You should always seek advice as to the potential limitation date for any potential claim, however, the general time limits for employment claims are as follows:
|Breach of contract||3 months from the effective date of termination of employment (“EDT”) in the employment tribunal or 6 years in the civil courts (where appropriate)|
|Equal pay||6 months from EDT|
|The right to a written statement of particulars||3 months less one day from EDT|
|Discrimination||3 months less one day from the date of the last act complained of|
|Whistleblowing||3 months less one day from the date of the act complained of|
|Failure to consult in collective redundancies||3 months less one day from the date on which the dismissal takes place|
|Failure to pay redundancy pay||6 months|
|Failure to inform and consult regarding TUPE||3 months from the date of transfer|
|Unlawful deduction of wages||3 months from the date of the last deduction|
|Working time regulations||3 months from breach|
ACAS must be informed of your claim prior to issuing the same. When you initiate the Early Conciliation process with them, the time limit for bringing your claim freezes until the conciliation period comes to an end. The early conciliation period usually lasts for up to one month, but it can be extended by a further 14 days if both parties agree that there is a reasonable prospect of settlement.
Why choose Summit Law LLP for employment law proceedings?
Summit Law has a team of expert employment lawyers based in London who are experienced in both high value and complex litigation cases which have proceeded to final hearings as well as less formal resolutions of disputes such as mediation.
Our team are friendly, down to earth and approachable. They will quickly ascertain your ideal outcome and work towards achieving your goal in time efficient manner bearing costs in mind at all stages.
Our employment solicitor fees
We offer a fixed fee initial consultation in all employment matters in order for us to assess and agree the overall work involved.
The current members of our team and their hourly rates are as follows:
Range of costs
Advising on a settlement agreement – £500 – £1,000 plus VAT
Advice only – £750 to £4250 plus VAT
Negotiating a settlement – £3,000 to £12,750 plus VAT
Preparation for a tribunal hearing – £10,000 to £30,000 plus VAT
Advice can normally be provided within two to four weeks, depending on how quickly you are able to provide all of the information we require.
If we are required to provide advice, correspond with the other party and achieve a settlement, the matter is likely to take six to eight months.
If the matters proceeds to an employment tribunal claim, they can take between six months to two years to reach a conclusion.
We may need to make payments on your behalf, known as disbursements. These are payable to third parties such as counsel’s fees, expert’s fees, travel expenses and court fees.
Counsel’s fees will vary according to experience and the complexity of your matter. We will obtain an estimate from counsel for your approval before incurring this expense on your behalf.