Bates Wells & Braithwaite Employment Services

Whether you are an employer or an employee, we offer in depth support and guidance throughout all of the stages of your matter, drawing on our extensive expertise and experience of work related issues; from advice, the initial drafting of contractual documentation, to the preparation of formal claims that are presented to an employment tribunal, to representing you should matters progress to a hearing.

Please pick from the following two options:

EMPLOYMENT LAW
EMPLOYERS

You may never have attended a grievance meeting, disciplinary hearing or indeed an employment tribunal before, so it’s only natural for you to seek advice to relieve any anxieties you may have. Having expert lawyers on your side means you can be well prepared and confident that your actions are backed by lawful authority.

Workplace policies and procedures

We regularly assist businesses with their employment contracts. We work with you to identify the key commercial terms, and then help you to decide whether to amend existing contracts or simply introduce new model contracts going forward.

If your business requires that your contracts adhere to a similar format, we will help to achieve that, while ensuring that you remain competitive. Our managed approach ensures consistency. The individual experience of our lawyers also allows us to ensure that the subtleties of your in house employment custom and practice are respected and incorporated into every document.

Day-to-day HR advice

We provide pragmatic step by step advice on which processes should be followed and how to deal with arising issues of conflict in the workplace by having consistent practice and procedures, yet with an air of thinking out of the box if the situation requires it.

Benefits and compensation, recruitment, hiring

We can advise you on the processes to be followed to legally recruit and hire your staff avoiding discriminatory and illegal pitfalls as the law develops for the greater protection of the workforce. We are aware of the difficulties of keeping up with the legislation and the need for businesses to be compliant.

Employment contracts and service agreements

We assist with the review and renewal of both company handbooks and contracts of employment and service agreements for the organisation enabling a legal and consistent manner to be adopted with staff across the board.

Business transfers

Whether it is gaining new staff or the loss of staff by means of TUPE transfer, we provide clear advice and templates to assist you with the disclosure requirements required for due diligence during these processes. Advising on the information to be disseminated to colleagues and staff during consultation processes to ensure that your business is compliant with the legislation but is sensitive to the workforce to protect your business and its reputation.

Discrimination law

In today’s world where diversity is a key word and equality is a key concern for all businesses there is an increasingly diverse workforce which can be demanding on management time with respect to training your workforce and treating every individual in a consistent manner. However, not even the fairest employer is immune to claims of discrimination, harassment and bullying.

Complaints of this nature are worrying, stressful and have serious implications for your organisation. In addition to the risk of costly financial penalties, they negatively affect productivity, management resources, staff morale and public image. Navigating such issues is always tricky. We can assist with providing advice to guide your business through this complex and sensitive legal area.

Disciplinaries and termination of employment

Handling the investigation and disciplining of staff is a highly sensitive matter and can be daunting as can taking steps to terminate the employment of any member of staff or senior member of the organisation.

We can advise you how to balance the needs of the business against the rights of the individual to deal with the situation in a fair and legal manner, avoiding any potential negative fallout.

Personnel records and employee data privacy

Employers currently routinely face challenges fro mregulatory authotiries to keep both employee and third party data secure.  We will guide you through the laws and regulations your business needs to adhere to this which includes: dealing with subject access requests, advising on best practice, and the use of employee and company owned computer equipment such as laptops and smart phone devices.

Promotion and recruitment

We advise you on the content of your job adverts, application forms and promotion of employment opportunities to ensure that they are in keeping with the expectations of the law.

With the increasing need to account for the pay structures and the harmonisation of gender equality pay we advise you on your obligations to your employees and the standards of reporting and clarity required of your business.

Redundancy

If you are going through a difficult trading period, you may need to reduce your workforce to ensure the financial viability of your business, we can assist you with ensuring the correct fair and legal process is followed to see you through this difficult period.

Our fees

No two cases are the same, therefore the illustration of the prices below may fluctuate and are a general assessment of the possible fees that may be incurred. The illustration is for cases of wrongful/ unfair dismissal. Cases which involve protected characteristics may be more complicated resulting in higher fees.

Simple case: £3,000 – £10,000 + vat

Medium complexity case: £10,000 – £15,000 + vat

Highly complex case: £15,000 + vat

Disbursements

Disbursement are costs related to your matter that are payable to third parties such as payments for experts, barristers or travel etc.

There may be situations where the case necessitates the uses of counsel or expert evidence which may increase the fees, as this will be deemed to be a disbursement. We will discuss these with you prior to counsel or an expert being instructed to ensure you are aware and agree with any fees incurred. Disbursement may vary depending on the seniority of the counsel or expert attending on your behalf.

Attending the Tribunal

There will be an additional charge for attending at the employment tribunal on your behalf each day, at a tribunal hearing of £2,000 plus vat, our attendance will depend on the complexity of your case.

Key Stages

  • Taking your initial instructions reviewing the papers and advising you on the merits of the case
  • Entering into pre claim early conciliation where this is mandatory to explore whether a settlement might be possible
  • Preparing and submitting your claim or a response form to defend the matter
  • Consideration and advising you on the response from the other party
  • Reviewing the case and advising on the process going forwards
  • Preparing a schedule of loss and preparation for a case management hearing

  • Attending at a preliminary case management hearing
  • Preparing a list of your documents and exchanging these with your opponent
  • Preparation of witness statements and agreeing the content with the witnesses
  • Agreeing the index to and the hearing bundle and agreeing these with your opponent
  • Attending at the tribunal to represent you in the claim
  • Exploring settlement throughout the duration of the case

This list is not exhaustive

The stages set out above are an indication of the steps to be taken. Where some of the stages above are not required, for example if the matter settles early the fee will be reduced.

How long will the matter take

There is no defined time scale for cases to be heard at the employment tribunal, it could be a matter of months or even a year before a matter is brought to an end at the tribunal. We will assist at each stage and keep you appraised of the progress of a claim ensuring that you are fully advised and kept up to date with developments.

EMPLOYERS

You may never have attended a grievance meeting, disciplinary hearing or indeed an employment tribunal before, so it’s only natural for you to seek advice to relieve any anxieties you may have. Having expert lawyers on your side means you can be well prepared and confident that your actions are backed by lawful authority.

Workplace policies and procedures

We regularly assist businesses with their employment contracts. We work with you to identify the key commercial terms, and then help you to decide whether to amend existing contracts or simply introduce new model contracts going forward.

If your business requires that your contracts adhere to a similar format, we will help to achieve that, while ensuring that you remain competitive. Our managed approach ensures consistency. The individual experience of our lawyers also allows us to ensure that the subtleties of your in house employment custom and practice are respected and incorporated into every document.

Day-to-day HR advice

We provide pragmatic step by step advice on which processes should be followed and how to deal with arising issues of conflict in the workplace by having consistent practice and procedures, yet with an air of thinking out of the box if the situation requires it.

Benefits and compensation, recruitment, hiring

We can advise you on the processes to be followed to legally recruit and hire your staff avoiding discriminatory and illegal pitfalls as the law develops for the greater protection of the workforce. We are aware of the difficulties of keeping up with the legislation and the need for businesses to be compliant.

Employment contracts and service agreements

We assist with the review and renewal of both company handbooks and contracts of employment and service agreements for the organisation enabling a legal and consistent manner to be adopted with staff across the board.

Business transfers

Whether it is gaining new staff or the loss of staff by means of TUPE transfer, we provide clear advice and templates to assist you with the disclosure requirements required for due diligence during these processes. Advising on the information to be disseminated to colleagues and staff during consultation processes to ensure that your business is compliant with the legislation but is sensitive to the workforce to protect your business and its reputation.

Discrimination law

In today’s world where diversity is a key word and equality is a key concern for all businesses there is an increasingly diverse workforce which can be demanding on management time with respect to training your workforce and treating every individual in a consistent manner. However, not even the fairest employer is immune to claims of discrimination, harassment and bullying.

Complaints of this nature are worrying, stressful and have serious implications for your organisation. In addition to the risk of costly financial penalties, they negatively affect productivity, management resources, staff morale and public image. Navigating such issues is always tricky. We can assist with providing advice to guide your business through this complex and sensitive legal area.

Disciplinaries and termination of employment

Handling the investigation and disciplining of staff is a highly sensitive matter and can be daunting as can taking steps to terminate the employment of any member of staff or senior member of the organisation.

We can advise you how to balance the needs of the business against the rights of the individual to deal with the situation in a fair and legal manner, avoiding any potential negative fallout.

Personnel records and employee data privacy

Employers currently routinely face challenges fro mregulatory authotiries to keep both employee and third party data secure.  We will guide you through the laws and regulations your business needs to adhere to this which includes: dealing with subject access requests, advising on best practice, and the use of employee and company owned computer equipment such as laptops and smart phone devices.

Promotion and recruitment

We advise you on the content of your job adverts, application forms and promotion of employment opportunities to ensure that they are in keeping with the expectations of the law.

With the increasing need to account for the pay structures and the harmonisation of gender equality pay we advise you on your obligations to your employees and the standards of reporting and clarity required of your business.

Redundancy

If you are going through a difficult trading period, you may need to reduce your workforce to ensure the financial viability of your business, we can assist you with ensuring the correct fair and legal process is followed to see you through this difficult period.

Our fees

No two cases are the same, therefore the illustration of the prices below may fluctuate and are a general assessment of the possible fees that may be incurred. The illustration is for cases of wrongful/ unfair dismissal. Cases which involve protected characteristics may be more complicated resulting in higher fees.

Simple case: £3,000 – £10,000 + vat

Medium complexity case: £10,000 – £15,000 + vat

Highly complex case: £15,000 + vat

Disbursements

Disbursement are costs related to your matter that are payable to third parties such as payments for experts, barristers or travel etc.

There may be situations where the case necessitates the uses of counsel or expert evidence which may increase the fees, as this will be deemed to be a disbursement. We will discuss these with you prior to counsel or an expert being instructed to ensure you are aware and agree with any fees incurred. Disbursement may vary depending on the seniority of the counsel or expert attending on your behalf.

Attending the Tribunal

There will be an additional charge for attending at the employment tribunal on your behalf each day, at a tribunal hearing of £2,000 plus vat, our attendance will depend on the complexity of your case.

Key Stages

  • Taking your initial instructions reviewing the papers and advising you on the merits of the case
  • Entering into pre claim early conciliation where this is mandatory to explore whether a settlement might be possible
  • Preparing and submitting your claim or a response form to defend the matter
  • Consideration and advising you on the response from the other party
  • Reviewing the case and advising on the process going forwards
  • Preparing a schedule of loss and preparation for a case management hearing

  • Attending at a preliminary case management hearing
  • Preparing a list of your documents and exchanging these with your opponent
  • Preparation of witness statements and agreeing the content with the witnesses
  • Agreeing the index to and the hearing bundle and agreeing these with your opponent
  • Attending at the tribunal to represent you in the claim
  • Exploring settlement throughout the duration of the case

This list is not exhaustive

The stages set out above are an indication of the steps to be taken. Where some of the stages above are not required, for example if the matter settles early the fee will be reduced.

How long will the matter take

There is no defined time scale for cases to be heard at the employment tribunal, it could be a matter of months or even a year before a matter is brought to an end at the tribunal. We will assist at each stage and keep you appraised of the progress of a claim ensuring that you are fully advised and kept up to date with developments.

EMPLOYEES

We will support and advise you in relation to any difficulties you are experiencing with your employer.

You may never have attended a grievance meeting, disciplinary hearing or indeed an employment tribunal before, so it’s only natural seek advice to relieve any anxieties you may have. Having expert lawyers on your side means you can be well prepared and confident that your voice will be heard.

Employment tribunal litigation and appeals

Not all cases necessarily proceed to an employment tribunal. We can often advise you on the most cost effective, non-contentious resolution to any difficulties you may be having with your employer.

Should it be necessary for a case to be taken to tribunal our experienced employment department will support you in bringing tribunal proceedings.

We will carefully explain to you what is involved and will ensure that you are given the best advice and support from your initial contact with us to a successful conclusion.

Should your case need to proceed to an employment tribunal, we have significant expertise in protecting the interests of employees as over the years we have acted for employees in many cases.

Restrictive Covenants and breach of contract disputes

If you have worked for an employer and decide that your future lies elsewhere you may find that your current contract of employment contains restrictions which prohibit you from working for a new employer. We can advise you on your contract provisions, which may not be enforceable as your employer suggests leaving you free to work where you choose.

Discrimination, victimisation and harassment

If you are having difficulty with your employer and feel that you have been treated unfairly, or that you are being discriminated against, then please do not hesitate to contact us as we have extensive knowledge and experience of dealing with a wide range of discrimination claims.

We provide answers to all your questions, ranging from what is a protected characteristic, the effects of this on your daily interaction at work and how the law offer workers the strongest protection against discrimination specific to your cultural sensitivities. Should you suffer from an act of victimisation and harassment we can advise you how to assert your rights.

We provide a standard of dedicated service that leaves you in no doubt that we care about you and whether your rights have been breached.

Parental and family-friendly rights

We offer a wide range of advice stemming from a right to request to work flexibly to enforcing your rights during maternity leave and after your family has been born.

Redundancy and Unfair dismissal

There are limited reasons that an employer can use to bring the employment relationship to an end after an employee has worked in excess of two years. If you are a protected employee your employer must have a fair reason and follow a fair process in order to bring your employment to an end. If you feel that you have suffered from unfair treatment we can explore with you your rights and whether you are correct in your assumptions and whether the matter is actionable.

Settlement negotiations

Drawing on extensive experience and in-depth knowledge, we can help you to avoid the risk of litigation, financial exposure and reputational damage. We advise you on out of court settlement agreements to give you the best advice on your position.  Should the worst happen and your employment relationship with your current employer be brought to an end, we help you to secure the best possible outcome.

Our fees

No two cases are the same, therefore the illustration of the prices below may fluctuate and are a general assessment of the possible fees that may be incurred. The illustration is for cases of wrongful/ unfair dismissal. Cases which involve protected characteristics may be more complicated resulting in higher fees.

Simple case: £3,000 – £10,000 + vat

Medium complexity case: £10,000 – £15,000 + vat

Highly complex case: £15,000 + vat

Disbursements

Disbursement are costs related to your matter that are payable to third parties such as payments for experts, barristers or travel etc.

There may be situations where the case necessitates the uses of counsel or expert evidence which may increase the fees, as this will be deemed to be a disbursement. We will discuss these with you prior to counsel or an expert being instructed to ensure you are aware and agree with any fees incurred. Disbursement may vary depending on the seniority of the counsel or expert attending on your behalf.

Attending the Tribunal

There will be an additional charge for attending at the employment tribunal on your behalf each day, at a tribunal hearing of £2,000 plus vat, our attendance will depend on the complexity of your case.

Key Stages

  • Taking your initial instructions reviewing the papers and advising you on the merits of the case
  • Entering into pre claim early conciliation where this is mandatory to explore whether a settlement might be possible
  • Preparing and submitting your claim or a response form to defend the matter
  • Consideration and advising you on the response from the other party
  • Reviewing the case and advising on the process going forwards
  • Preparing a schedule of loss and preparation for a case management hearing

  • Attending at a preliminary case management hearing
  • Preparing a list of your documents and exchanging these with your opponent
  • Preparation of witness statements and agreeing the content with the witnesses
  • Agreeing the index to and the hearing bundle and agreeing these with your opponent
  • Attending at the tribunal to represent you in the claim
  • Exploring settlement throughout the duration of the case

This list is not exhaustive

The stages set out above are an indication of the steps to be taken. Where some of the stages above are not required, for example if the matter settles early the fee will be reduced.

How long will the matter take

There is no defined time scale for cases to be heard at the employment tribunal, it could be a matter of months or even a year before a matter is brought to an end at the tribunal. We will assist at each stage and keep you appraised of the progress of a claim ensuring that you are fully advised and kept up to date with developments.

EMPLOYEES

We will support and advise you in relation to any difficulties you are experiencing with your employer.

You may never have attended a grievance meeting, disciplinary hearing or indeed an employment tribunal before, so it’s only natural seek advice to relieve any anxieties you may have. Having expert lawyers on your side means you can be well prepared and confident that your voice will be heard.

Employment tribunal litigation and appeals

Not all cases necessarily proceed to an employment tribunal. We can often advise you on the most cost effective, non-contentious resolution to any difficulties you may be having with your employer.

Should it be necessary for a case to be taken to tribunal our experienced employment department will support you in bringing tribunal proceedings.

We will carefully explain to you what is involved and will ensure that you are given the best advice and support from your initial contact with us to a successful conclusion.

Should your case need to proceed to an employment tribunal, we have significant expertise in protecting the interests of employees as over the years we have acted for employees in many cases.

Restrictive Covenants and breach of contract disputes

If you have worked for an employer and decide that your future lies elsewhere you may find that your current contract of employment contains restrictions which prohibit you from working for a new employer. We can advise you on your contract provisions, which may not be enforceable as your employer suggests leaving you free to work where you choose.

Discrimination, victimisation and harassment

If you are having difficulty with your employer and feel that you have been treated unfairly, or that you are being discriminated against, then please do not hesitate to contact us as we have extensive knowledge and experience of dealing with a wide range of discrimination claims.

We provide answers to all your questions, ranging from what is a protected characteristic, the effects of this on your daily interaction at work and how the law offer workers the strongest protection against discrimination specific to your cultural sensitivities. Should you suffer from an act of victimisation and harassment we can advise you how to assert your rights.

We provide a standard of dedicated service that leaves you in no doubt that we care about you and whether your rights have been breached.

Parental and family-friendly rights

We offer a wide range of advice stemming from a right to request to work flexibly to enforcing your rights during maternity leave and after your family has been born.

Redundancy and Unfair dismissal

There are limited reasons that an employer can use to bring the employment relationship to an end after an employee has worked in excess of two years. If you are a protected employee your employer must have a fair reason and follow a fair process in order to bring your employment to an end. If you feel that you have suffered from unfair treatment we can explore with you your rights and whether you are correct in your assumptions and whether the matter is actionable.

Settlement negotiations

Drawing on extensive experience and in-depth knowledge, we can help you to avoid the risk of litigation, financial exposure and reputational damage. We advise you on out of court settlement agreements to give you the best advice on your position.  Should the worst happen and your employment relationship with your current employer be brought to an end, we help you to secure the best possible outcome.

Our fees

No two cases are the same, therefore the illustration of the prices below may fluctuate and are a general assessment of the possible fees that may be incurred. The illustration is for cases of wrongful/ unfair dismissal. Cases which involve protected characteristics may be more complicated resulting in higher fees.

Simple case: £3,000 – £10,000 + vat

Medium complexity case: £10,000 – £15,000 + vat

Highly complex case: £15,000 + vat

Disbursements

Disbursement are costs related to your matter that are payable to third parties such as payments for experts, barristers or travel etc.

There may be situations where the case necessitates the uses of counsel or expert evidence which may increase the fees, as this will be deemed to be a disbursement. We will discuss these with you prior to counsel or an expert being instructed to ensure you are aware and agree with any fees incurred. Disbursement may vary depending on the seniority of the counsel or expert attending on your behalf.

Attending the Tribunal

There will be an additional charge for attending at the employment tribunal on your behalf each day, at a tribunal hearing of £2,000 plus vat, our attendance will depend on the complexity of your case.

Key Stages

  • Taking your initial instructions reviewing the papers and advising you on the merits of the case
  • Entering into pre claim early conciliation where this is mandatory to explore whether a settlement might be possible
  • Preparing and submitting your claim or a response form to defend the matter
  • Consideration and advising you on the response from the other party
  • Reviewing the case and advising on the process going forwards
  • Preparing a schedule of loss and preparation for a case management hearing

  • Attending at a preliminary case management hearing
  • Preparing a list of your documents and exchanging these with your opponent
  • Preparation of witness statements and agreeing the content with the witnesses
  • Agreeing the index to and the hearing bundle and agreeing these with your opponent
  • Attending at the tribunal to represent you in the claim
  • Exploring settlement throughout the duration of the case

This list is not exhaustive

The stages set out above are an indication of the steps to be taken. Where some of the stages above are not required, for example if the matter settles early the fee will be reduced.

How long will the matter take

There is no defined time scale for cases to be heard at the employment tribunal, it could be a matter of months or even a year before a matter is brought to an end at the tribunal. We will assist at each stage and keep you appraised of the progress of a claim ensuring that you are fully advised and kept up to date with developments.

Our team of specialist employment solicitors have extensive knowledge and experience which will enable us to deal with all aspects of your enquiry.

Call us on 01787 880440 or complete our online enquiry form so that we can arrange to speak to you.

June Salmon

June joined Bates Wells & Braithwaite in 2015 and is a specialist employment law solicitor.

June has over 20 years of litigation and employment law expertise gained first in private practice and later in her role as an employment lawyer in a local authority in London where she dealt with highly complex tribunal cases including TUPE matters, sex, race and disability discrimination claims.

Outside of work June is a governor of a local sixth form college and enjoys a busy family life.

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