Employment Law

Employment Legal Services

Commercially attentive employment law advice and advocacy for employers.

For Employers:

1. Advice, Assistance and Representation/Advocacy. This covers all aspects of Employment Law to protect Employers from frivolous claims against them, no matter how big or small the firm.
2. Producing and Implementing the correct procedures and policies into the firm; based on the Policies & Procedures laid down by ACAS.
3. A review of the Firms’ Policies & Procedures to prevent future Employment Law claims being made against the Firm.

For Employees:

1. Class Actions
2. Unfair Dismissal.
3. Constructive Dismissal.
4. Disciplinary Matters.
5. Bullying & Harassment.
6. Grievances.
7. Discrimination.
8. Equal Pay.
9. Sickness Absence.
10. Holiday Pay.
11. Redundancy.
12. Maternity/Paternity Issues.
13. Settlement Agreements.
14. Contractual Agreements.
15. Tribunal Cases.

MR COLIN MCEWEN’s PROFILE – OWNER/MANAGING DIRECTOR/SOLICITOR

I have a Passion and Reputation for helping people; fighting for them to get the best proven results for clients; looking for every angle to defend my clients and going that extra mile for them.

Having been in the Legal Profession since 1994 and Qualified since 2000, I have gained a Wealth of Skills, Knowledge and Experience in dealing with many areas of Law, including Employment Law, as that is how it was then when training and in the early part of qualification.

This has put me in a very strong position in terms of being able to advise on Employment Law, but also having a Network of Specialists in this area to bring about the best possible outcome for you, including my proven ability to deal with such matters on your behalf.

All cases are dealt with on an individual case by case basis, no two cases being the same. Our pricing is competitive and tailored around the needs of you and facts of the case, and we offer a free consultation with payment plans available.

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WHY PAY FOR LEGAL ADVICE?

The answer is you may not have to as there are various ways in which you can approach this!

1. You can take your chances, hoping that you have understood the law correctly and have a case against your employer. Thereafter, getting ACAS involved to try and secure negotiations to resolve the issue.
2. Completing the Form (ET1) and putting forward your case then submitting it to the Tribunal.
3. Reading, Analysing the Firm’s Response (ET3 Form).
4. Preparing a Full and Detailed Statement setting out your case.
5. Analysing and dealing with Evidence/Statements against you and applying the law as to whether you have a case against them.
6. Preparing Trial Strategies to deal with their Witnesses/Evidence/Case in Court.
7. Full analysis of the Trial Bundle.
8. Representing yourself at Trial.

Alternatively, you can approach MACS Legal Services Ltd to:

1. Get a FREE initial Consultation as to whether you have a case or not.
2. Approach the employer to see if there is room for negotiation, including possibly getting your job back, or a reasonable compromise on a Financial Settlement and Reference from the employer.
3. If there is no movement on the, you can instruct me to deal with all the areas listed above to prepare your case for you.

POSSIBLE FUNDING OF YOUR CASE

1. You may have an Insurance Policy with your Bank or other organisation to cover your Legal Costs. If so, you apply to the organisation to request they cover our costs and we deal with them on your behalf. If this is available, we build your case for you and review it throughout, reporting to your, for example, insurance company and as long as your case is generally above a 50% chance of winning; your insurance will continue to authorise our work and payment. Should you wish us to organise such cover, we estimate about 2 to 4 hours of work to do at £300/Hour Inclusive of VAT.
2. A Conditional Fee Agreement (CFA) may be available to you. This will be explained at the time, but in short, we take a risk that your Case can be won so do all the work, including the preparatory work and negotiations for no fee, reviewing the case throughout. Should you win the case, we normally agree a percentage of 35% Inclusive of VAT. If your case fails, in general terms, you would be responsible for nothing in terms of our fees unless you have failed to take our advice.
3. Fixed Fees are based on Estimated Costs as below at an Hourly Rate of £300 Inclusive of VAT.

ESTIMATED RANGE OF COSTS

Advising & Assisting re Employment Settlement Agreements are carried out at the rates highlighted in such Agreements with a Fixed Fee Ranging from around £250 – £450 that are normally Paid by the Employer to us. Please contact us regarding Services.

Our pricing for bringing and defending claims for Unfair, Wrongful dismissal, including due to Discrimination and Constructive Dismissal, based on an Hourly Rate, Inclusive of VAT of £300/Hour:

Simple case: £1,200 (Inclusive of VAT) – £2,400 (Inclusive of VAT)
Medium complexity case: £3,000 (Inclusive of VAT) – £6,000 (Inclusive of VAT)
High complexity case: £9,000 (Inclusive of VAT) – £15,000 (Inclusive of VAT)

Factors that could make a case more complex:

• If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
• Defending claims that are brought by litigants in person
• Making or defending a costs application
• Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
• Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a Tribunal Hearing of £600 per day (Inclusive of VAT). Generally, we would allow between 1 – 2 days Trials depending on the complexity of your case.

DISBURSEMENTS

Disbursements are costs related to your matter that are payable to third parties, such as Court Fees. We handle the payment of the disbursements on your behalf to ensure a smoother process but require these, and the Fixed Fees for each stage upfront.

Counsel’s fees estimated between £600 (Inclusive of VAT to £1,800 (Inclusive of VAT) Per Day (Depending on experience of the Advocate) for attending a Tribunal Hearing (including preparation), with a Conference at an Estimated Cost of £900 inclusive of VAT and my rate of £300/Hour. Most Conferences last between 1 – 2 Hours.

KEY STAGES

The fees set out above cover all the work in relation to the following key stages of a claim:

• Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
• Entering pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
• Preparing claim or response
• Reviewing and advising on claim or response from other party
• Exploring settlement and negotiating settlement throughout the process
• Preparing or considering a schedule of loss
• Preparing for (and attending) a Preliminary Hearing
• Exchanging documents with the other party and agreeing a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing bundle of documents
• Reviewing and advising on the other party’s witness statements
• Agreeing a list of issues, a chronology and/or cast list
• Preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged for your individual needs.

HOW LONG WILL THE MATTER TAKE?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is estimated to take around 12 weeks, though this could be far quicker. If your claim proceeds to a Final Hearing, your case is likely to take 26 weeks, again, dependent on complexity. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

PLEASE NOT ALL FEES ARE NEGOTIABLE AND ARE ONLY ESTIMATES BUT YOUR CASE WILL BE DISCUSSED AND WHEN AGREED, THERE WILL BE NO HIDDEN COSTS. FURTHER DISBURSEMENTS, INCLUDING EXPERT FEES WILL ALWAYS BE DISCUSSED WITH YOU PRIOR TO ANY AGREEMENTS WITH THEM.

Pursuing or defending a claim?

Contact us today, we can help fight your corner.