Employment
Frequently Asked Questions
Do you do a free first interview?
If our caseload allows, we will offer a first free interview. However, as our clients come first, it may be that from time to time we cannot see people on that basis. Our receptionist will be able to tell you at any given time whether or not we have the capacity to offer first free interviews.
Do you do “no win, no fee” for unfair dismissal claims?
Yes we do. It is just one of the payment options we can offer. If we offer a ‘no win, no fee’ arrangement, you will enter into an agreement which will allow us carry out the necessary work on your behalf in return for which you agree to pay us up to 40% of any settlement or financial award you receive in respect of that claim. You won’t need to take out any insurance. The agreement is subject to additional disbursements, for example counsel’s fees, doctor’s fees, as and when such fees are required. You will be told of any expenses before they are incurred.
The ‘no win, no fee’ arrangement only applies to claims in the Employment Tribunals, not the Appeal Courts.
What does “no win, no fee” mean?
You don’t have to pay any costs up front except any money required for disbursements e.g. doctor’s fees. If we win, our fees are paid, if not, they aren’t.
Can I get Legal Aid?
We do not currently carry out any publicly-funded employment work. In any event there is no public funding available for actual representation in the Employment Tribunals.
How can I fund my case?
We would advise you to check all your insurance policies to see whether or not your have relevant legal expenses cover and to discuss this option with us. We can assist in making the application to your insurers. There is also the option of paying us privately and we can sometimes offer direct debit-type arrangements.
Can I get hold of you out of working hours? If so how?
Once you become a client, you will be given mobile telephone number(s). You should then be able to speak to us direct or leave a message, which will be answered as quickly as possible.
How soon can I expect to see you? Can I expect to be able to see you within 24 hours?
We would normally expect to see a new client within a week of the first contact. If the matter is urgent then arrangements can be made to see you at the very first opportunity.
If you would like to make an appointment please contact Gill Barnes gbarnes@nash.co.uk
How much do you cost?
This charge is for privately funded matters and is subject to our terms and conditions.
Have I got a case?
Without seeing you face to face, we are not able properly assess your claim. An appointment is by far and away the best way for us establish what your situation is and what opportunities you may have to address this. Please contact Gill Barnes for an appointment gbarnes@nash.co.uk
If I win and I get an award, how long do I have to wait for my money?
This will vary considerably. If your claim is settled then you will normally receive the balance of your settlement money in around 28 days.
If you are awarded a sum of money by the Employment Tribunal then there may be considerable delay. Interest (at 8% pa basic rate) on any award runs from 42 days after those involved have received a copy of the written decision from the Tribunal, stating the amount of money you are due. The other side have the right to appeal and so the delay may run into months and sometimes years.
What is an ‘Employment Tribunal’?
An Employment Tribunal is composed of a chairperson and two non-legally qualified members. The chairperson is an experienced employment lawyer (solicitor or barrister) while the two panel members are ley persons representing either the employee organisations (e.g unions) or employer organisations (e.g business federations). This is to give the tribunal a combination of legal expertise and experience from representatives of the workplace.
The function of the tribunal is to decide on employment claims and the issues that are brought before it.
What happens at a tribunal?
The tribunal hearing normally starts at 10.30am. It is therefore advisable to get to the tribunal by 10am. 3 copies of witness statements and documents for the tribunal who will hear your case must be given in at the hearing venue by 09.45 am on the day. The tribunal will not read any of the witness statements and documents until the morning of the hearing.
Will I have to answer questions?
Yes, you will be asked questions by the tribunal panel members who may want more information from you. You will also be cross-examined by the other side’s representative. The Respondent is entitled to test your evidence by asking you searching questions and will try to undermine your case. You must be prepared for questions aimed to make you feel uncomfortable and trying to weaken your case.
What sort of questions will I have to answer?
You will be required to answer all the questions put to you which are relevant to the case. The tribunal will decide if a question asked by the other side is irrelevant or improper.
How long will it take?
Anything from half a day onwards. Most cases do not last more than a single day.
Where is it likely to take place?
The tribunal hearing will take place at the tribunal nearest to where your place of work is/was. So, if you live in Plymouth but work in Bristol your case will be heard at Bristol Employment Tribunal. Locally there are tribunals held in Truro and Exeter and occasionally Plymouth.
Who will be there?
Respondent, usually represented by solicitor/counsel or an HR representative.
Members of the public are entitled to sit in unless the tribunal decides they should not.
Also witnesses sit in even before they have been called to give evidence.
The three members of the tribunal. A tribunal clerk may also be in attendance.
In unusual cases a member of the press may also be present.
How do I get there? Do I go with you or do I have to make my own way?
Generally you are to make your own way to the tribunal. You will be sent a map and directions of how to get the tribunal. Also, to a limited extent, you and your witnesses’ travel expenses will also be recoverable from the tribunal
Sometimes it may be possible to arrange for you to travel with your solicitor. This will depend on prior arrangements and convenience.
Do I get the decision at the Tribunal?
The decision is normally given at the end of the hearing after the tribunal have retired to consider the evidence and law. The decision will initially be given orally and will be only a summarised version.
If the decision is in your favour, the tribunal will then carry out a Remedies Hearing - usually straight away. Remedies available to the tribunal are:
Re-instatement (same job) or re-engagement (different job); the tribunal are required to consider this by law but people rarely want to return. If you apply for re-instatement then the tribunal must give careful consideration to your application. Re-instatement will depend on a number of factors, most notably the size of business. If it is a small business then it is unlikely that the tribunal will force an employee on an employer who does not want him or her and who would have regular contact with that employee if he/she was re-instated.
Compensation; the most common form of remedy. You will be compensated for your loss of income as a result of your dismissal. This is the actual financial difference between what you would have earned if you were still employed and what you have actually earned (including State Benefits) between the time of your dismissal and the date of the hearing. The tribunal will then consider “Future Loss of Earnings” which is their educated estimate of future loss. This will depend on any number of factors, but generally, if you have not got another job then they will estimate how long it would take you to get another job, or if you have got another job paying less, how long it will take you to reach the wage you were on before being dismissed.
Compensation for discrimination cases depends on injury to feelings and personal injury. The most common awards lie between £2000 - £5000 for injury to feelings.
The tribunal sends the decision out in writing in an extended form within 28 days of the hearing.
If I don’t like the decision, have I got any further options? What are they?
If you only receive a summary decision you must apply within 21 days of the summary decision for Extended Reasons. Once you have a copy of the Extended Reasons you have 21 days in which to apply for a Review of the decision to the tribunal and 42 days in which apply to the Employment Appeal Tribunal. You can only appeal on a point of law or if the tribunal overlooked relevant facts of the case.
As an employee, what procedure do I have to follow to pursue a claim? What stages do we go through before getting there? How long does it take?
There are several stages to the process and some specific timescales involved. Here is a brief outline of the process:
Start = Effective Date of Termination (date of dismissal).
You or your solicitor or representative must submit your application to the tribunal within 3 months of this date. The time limits are very strict and even if you are 1 day out of time your claim cannot be heard by the tribunal. ‘Within 3 months’ means precisely that, for example, if the Effective Date of Termination is 2 June 2003, then the last date for submitting an application will be 1 September 2003. If you submit the application on the 2 September 2003 then you are out of time and the tribunal can’t hear your claim.
The Employment Tribunal acknowledges receipt of your application and at the same time sends a copy of it to your former employer (known as the Respondent). The Respondent has 21 days from the date it receives a copy of your application from the tribunal to reply. The Respondent’s reply is known as a Notice of Appearance and will set out the employer’s grounds for resisting the claim.
At the time you receive the Acknowledgement from the tribunal you will be asked to provide the tribunal with dates to avoid and confirmation as to your current employment status. i.e. if you have found another job.
o Once the Notice of Appearance has been submitted and the dates to avoid for both parties known, a date will be set for the hearing.
14 days before final Hearing – exchange documents
The Hearing date will normally be set with 3 months of you giving your dates to avoid. The tribunal will notify you of dates when the documents to be used in the case are to be agreed (usually 14 days before the hearing date), also a date will be set to exchange witness statements (at least 7 days before the Hearing).
The Final Hearing is usually heard within 4-5 months of issuing your application to the Tribunal.
7 days before final Hearing – exchange of statements
Final hearing