 |
| Listed below are the most frequently asked questions about the service we provide and compromise agreements. |
| |
|
|
| How to become a client |
 |
| Please call or e-mail in the first instance and your call will be returned as soon as practicable. In order to become a client you will need to provide: (1) Confirmation and details of the other side (your employers or employee) so that it can be established that there is no conflict of interest. If it transpires that we have undertaken work for the other side, we will be unable to act on your behalf, as the Law Society Rules
do not allow Solicitors to take on work, where there is a conflict of interest (2) Proof of identification, which can be a pass port or a driving licence. (3) Proof / confirmation of your address, which can be your driving licence, utility bill or council tax bill. All the above requirements are requirements set by the Law Society Rules and Regulations (4) Telephone number and e-mail address you are contactable on. |
| |
|
| Do we have to meet? |
|
| It is always best practice to meet however not necessarily. We can provide advice by telephone conference, on all issues relating to employment law even on compromise agreements. All relevant documents will have to be faxed or e-mailed to us in advance of the scheduled telephone consultation, which can be set up at a time convenient to you. At the end of the first consultation session we will normally be able to let you know
your rights and obligations, the merits of your claim if any and our likely costs. We can offer ongoing advice and support, act on your behalf in discussions and negotiations with your employer/ employee |
| |
|
| Charges and Fees |
|
We charge a fixed fee for the first hour and then an hourly rate. The rates are exclusive of VAT @ 17.5%., which will be included in the bill. There are three options to pay the fees (1) at the relevant hourly rate (2) You may be insured under an insurance policy such as home contents (3) If it is considered that you have good prospects of success and we are likely to recover our costs then we may work on a no-win no-fee
basis. We have no legal aid franchise. We do not provide free consultation.
We offer first hour of consultation at a reduced rate. All charges must be settled at the end of the Consultation session in any event within 10 working days from the date of consultation unless otherwise agreed in writing to accommodate the terms and conditions of the insurance policy or under a no-win no fee agreement after the first consultation.
If the matter proceeds to Tribunal, you will receive a quotation for legal fees, which will consist of 1- All the work undertaken by the solicitor such as communicating on your behalf, drafting the claim form, preparing documents, drafting witness statements and instructing a barrister. 2- Barristers fee for conferences and hearings at the Tribunal. |
| |
|
|
Employment Tribunal Representation |
|
| If the matter is not resolved by means of negotiations, you will be advised on the feasibility of pursuing your claim through the employment tribunals or courts. Depending upon the complexity of the issues, it may be advisable for you to obtain a barrister's opinion on the merits of your claim and or discuss your case with the barrister before the hearing. A conference with a barrister can be arranged at the barrister's chambers.
Solicitors usually instruct barristers specialising in employment law to make representation at the Tribunal or Court Hearing. Barristers services are availed for 3 fundamental reasons:(1) they are skilful in advocacy (2) they have an exceptional understanding of both the Law and the Tribunal Rules and Procedures (3) They are more cost effective than using a solicitor. |
| |
|
|
What is a Compromise Agreement? |
|
|
A Compromise Agreement is an agreement between an employer and employee. Under the terms of the Agreement, the employee can give up their employment claims against the employer in return for a payment from the employer. For the Agreement to be binding, the employee must have independent legal advice from a qualified solicitor [who is insured]
|
| |
|
|
Client convenience |
|
| Client convenience is of paramount important to us. Therefore we offer our clients a number of locations London to choose from to suit their convenience. We appreciate that a number of matters are not dealt with some times, just because people are short on time. We understand that work issues are not restricted to 9 to 5, Monday to Friday only. Accordingly our clients can also choose to have a telephone consultation or arrange
onsite meetings at their work premises. We are working: Monday to Friday from 9.00 am to 6.00 pm. Telephone conferences booked in advance only. 6.00 pm to 9.00 pm Saturday and Sunday from 10.a.m to 12.00.p.m (Telephone conferences only) |
| |
|
| What effect does the Agreement have on me if I sign? |
|
| The Compromise Agreement will compromise Employment Tribunal claims. The Agreement is designed to be a clean break. The only exceptions to this normally are personal injury claims and accrued pension right claims, which are usually exempted from the Agreement |
| |
|
| What if I don't want to sign the Compromise Agreement? |
|
| There is no obligation on an employee to sign a Compromise Agreement if they choose not to. The employee has the remedy of pursuing their claims in an Employment Tribunal if they choose not to sign the Compromise Agreement. |
|
|
| |
|
|
What if I don't agree with some of the terms of the Compromise Agreement? |
|
| It is open to an employee to negotiate the terms of the Compromise Agreement. This is where your solicitor can help in dealing with those negotiations to see if the employer's offer can be improved. |
| |
|
| |
| Why do I need advice? |
| It is a requirement of the legislation dealing with Compromise Agreements that an employee receives independent legal advice, from a "relevant independent advisor", about the terms and effect of the proposed Compromise Agreement. The Agreement does not compromise the employee's statutory claims unless they have received the advice and the advisor has signed the Compromise Agreement. |
| |
| What is a relevant independent advisor? |
| Compromise Agreements will often refer to a "relevant independent advisor". Under the legislation, a solicitor qualifies as a relevant independent advisor. All our solicitors are qualified to act as a relevant independent advisor. |
|
|
| Can you help me if I decide to take my case to an Employment Tribunal? |
| If you decide not to accept the Compromise Agreement terms, our solicitors can help you take your case to an Employment Tribunal. Our experienced solicitors can prepare your claim and provide representation at an Employment Tribunal. Separate funding will need to be established for representation in an Employment Tribunal claim. [Our solicitors will be able to advise you about funding options available if you wish to pursue an Employment
Tribunal claim] |
| |
| Data Protection Policy |
| We are committed to protecting your privacy when you use our website. It is our responsibility to abide by the rules of the Data Protection Act 1984. The information you provide us shall not be used for any other purpose. If you would like a copy of the information you have provided, please contact us and request the details. We shall not pass your email address to third parties without your express permission. |
|
|
| About us |
We are a well established firm of employment law expert solicitors. We are dedicated and committed to getting the best results for our clients. We specialise exclusively in employment law. We are here to assist you.
Contact us on
Tel: 0845 643 0784
Or click on info@willowatwork.com |
| Disclaimer |
| The information on this web-site is for general purposes and guidance only and does not purport to constitute legal or professional advice. Information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments. |
|
|
| |
