Frequently Asked Questions About Employment Law
Do you advise on settlement agreements?
Yes. We are frequently asked to advise on settlement agreements by both employers and employees. Our fee for this service is generally paid for by the employer. Employers should note that a settlement agreement will be ineffective unless the employee has been advised on the agreement by a solicitor or other suitably qualified person.
How much do your other employment services cost?
For services other than advising on settlement agreements, we offer an initial consultation with a solicitor for a fee of £200. We will talk to you in detail about your case and consider any relevant paperwork you may have. Following your appointment we will write to you to formally advise you of your legal position and of the options for funding your case.
Do I have to pay the initial fee?
Unfortunately we do require payment of the initial fee to cover the work involved in assessing your case at the outset. If you are unable to afford our fee, you should consider contacting ACAS who may be able to help you free of charge. Alternatively, if you have legal expenses cover as part of an insurance policy, you may be able to obtain free advice via your insurer.
I am an employee who has been unfairly treated by my employer. How much time do I have to do something about it?
There is no catch-all answer to this question, but as a general rule employees must act quickly. Most employment tribunal claims must be brought within a strict 3 month time limit.
Can I bring a claim for unfair dismissal?
Only employees (as opposed to e.g. agency workers or freelance consultants) may qualify for the right not to be unfairly dismissed. In most cases you must also be able to show that you were employed by the same employer for at least 1 year prior to your dismissal. For employees taken on after 5 April 2012, the qualifying period for most claims is 2 years.
How can I fund my employment tribunal claim?
Unfortunately there is no legal aid available for representation in the employment tribunal. However, at Levins Solicitors we will represent you on a “no win, no fee” basis if we are satisfied that your claim is likely to succeed following our initial consultation. Alternatively, if you have legal expenses insurance, your insurer may agree to pay our fee.
How much will I get?
There are various heads of loss that can be claimed in an unfair dismissal claim. The most significant of these is usually loss of earnings. The maximum possible award for “normal” unfair dismissal is currently the lower of 52 weeks’ pay or £93,332 (awards in discrimination and whistleblowing cases are uncapped and can be significantly higher). The median award in unfair dismissal claims in 2015/16 was £7,332.
Areas we cover include Huyton, Liverpool, Merseyside, North West, North Wales, Cheshire, Lancashire