Employment

The members of our team are recognised for their ability to quickly identify the issues and providing pragmatic legal advice.

We primarily provide employment law advice and assistance for employers, however, we also provide employment law advice to individuals in relation to all aspects of employment law that may arise during the employment life cycle. We understand that the cost of seeking employment law legal advice is likely to be very important to the parties concerned and therefore supply this guide to provide transparency to our pricing structure.

Employers

We provide legal advice to employers in relation to all aspects of employment law. We are happy to discuss employers’ individual requirements at the outset of any instruction. The hourly rate applicable depends on a number of factors including:-

• Complexity
• Urgency
• Potential value of any claim
• Seniority of solicitor assigned to the work

Our hourly rates are reviewed annually and are exclusive of VAT. Depending upon the nature of the advice sought, it may be possible to provide a fixed fee quote in advance. To discuss your specific requirements, please contact a member of the team or email employment@stronachs.com.

Individuals

The services that we provide to individuals and the costs associated with them are detailed below. We do not provide services on a “no win, no fee” basis, nor do we carry out legal aid work or provide a free initial consultation. We recommend that individuals check whether or not they have legal expenses insurance cover in place to assist funding the legal costs that they may incur. You may be asked to pay a deposit for legal fees prior to the firm carrying out any work on your behalf.

Settlement Agreements

It is not uncommon for an employer to make a proposal to an employee to terminate their employment by entering into a Settlement Agreement. If an individual has never received a Settlement Agreement before, it can be quite daunting to be presented with what is often a lengthy document. We seek to guide individuals through this process as expediently as possible taking into account all of the circumstances.

As a guide, our fees for providing advice and assistance in relation to Settlement Agreements are as follows:-

• Straightforward Settlement Agreements – up to £500 plus VAT

• Little/no amendments required
• Limited/no negotiations required

• Moderate Settlement Agreements – £500 to £1,500 plus VAT

• A number of amendments required
• Some negotiations required
• Some review of additional documentation e.g. relating to disciplinary proceedings

• Complex Settlement Agreements – £1,500 plus, plus VAT

• Amendments required
• Detailed negotiations
• Complex issues for example, restrictive covenants, bonus arrangements, share entitlements
• Review of a lot of documentation and/or complex background matters

It is common for employers to make a contribution towards legal fees when a Settlement Agreement has been issued to an employee; however, the contribution may not always be sufficient to cover the actual fees incurred. If this is the case, the individual will be responsible for the balance of fees. Furthermore, it the employer fails to make payment of the contribution, or the Settlement Agreement is not entered into (irrespective of the reason), the individual will be personally responsible for the firm’s fees.

Advice and Assistance

Issues may arise during the course of the employment relationship where an individual wishes to take advice. This can be in relation to a range of different matters. Due to the nature of these queries and the number of different factors that may impact upon the fees that may be incurred in relation to such matters, it is difficult to provide an estimate of fees for this type of instruction. We charge on a time and line basis and the fees charged reflect the amount of time actually spent on the matter. Upon inquiry we can provide details of our current hourly rates for employment advice and assistance.

Where possible, we will endeavour to provide you with an estimate of how much you should budget for fees and provide you with regular updates on fees incurred to date. Invoices for fees incurred may be rendered monthly or on completion of specific pieces of advice.

Employment Tribunal Claims/Civil Litigation

When disputes cannot be resolved between an employer and employee they may result in Employment Tribunal proceedings and/or proceedings in the Sheriff Court or Court of Session. The number of days spent in the Employment Tribunal or Court will directly affect the fees incurred as will a number of other factors such as:-

• The claims raised, whether there is one head of claim or multiple heads of claim.
• The parties involved, multiple claimants and/or respondents will increase fees.
• The complexity of the claim(s); for example, discrimination and whistleblowing claims are more complex than unfair dismissal claims.
• The number of witnesses required.
• The number of documents required.
• Whether there are any preliminary issues to be addressed, which may or may not require one or more preliminary hearings.
• Whether any applications have been made by the Respondent; for example, for further and better particulars, strike out, counter claims, admissibility of evidence.

As a guide, fees incurred may be as follows:-

• Simple – £2,500 – £7,500 plus VAT
• Moderate – £5,000 to £15,000 plus VAT
• Complex – £ £15,000 plus VAT

For the avoidance of doubt, the above fees do not include fees incurred in relation to any pre-claim advice and assistance provided.

What to expect when seeking advice

Typically, no matter what type of advice is being sought, when we are instructed to provide employment law advice and assistance it will usually entail the following:-

1. An initial call where preliminary details are taken including contact details and a brief summary of the advice sought.
2. A conflict check is carried out, terms of engagement issued and ID check completed.
3. A call or meeting (either in person or online) is scheduled at which more particular details are taken. You may be asked to provide documents for review in advance of the meeting or as a follow up to the meeting.
4. Review of issues raised together with relevant documentation.
5. Advise on options available. If appropriate seek to negotiate your position for you and/or revise any relevant documentation.

Additional Costs

In addition to legal fees, a number of other costs may be incurred by you in relation to the provision of legal services. These are referred to as disbursements and are typically payable to third parties. While the firm will administer the payment of disbursements on your behalf, you will be required to put the firm in funds before any payment will be made to third parties. The following are examples of disbursements:-

• Counsel’s fees (if instructed)
• Expert reports fees
• Travel and accommodation costs