FAQs

Employment Law

Q: What areas do you cover for Employment Tribunal Representation?

A: We can act for employers at employment tribunals in Birmingham, Bristol, and Cardiff.

Q: Do you only act for employers?

A: Our specialism is in acting for employers, but we do carry out work for employees from time to time, providing there is no conflict of interest.

Q: How much will it cost?

A: Charges will vary depending on how complicated the work is and how quickly we can conclude matters for you. If an hourly rate is quoted we can agree a fixed spending limit and contact you when this is reached to get your agreement to continue. Very few of our clients have a concern about the costs at the end of their case, whatever the outcome.

Q: How long will it take?

A: Depending on the nature of the work your case could be concluded in a number of weeks, or it could take several months. A few cases take longer, where the claim takes a long time to get to a Tribunal hearing.

Q: If we win, does the other party have to pay our costs/expenses?

A: Not normally. Employment tribunals only award costs/expenses in exceptional circumstances. However, if these circumstances do apply, we can make an application for costs/expenses on your behalf.

Q: Why should I use your firm?

A: We are highly specialised in Employment Law. Once you have appointed us we will consult you at certain key stages. At the outset, we will want to know what you wish to achieve, and aim to ensure that your expectations are realistic. We will explain things clearly, what the costs are likely to be and update you on progress as work proceeds.

Q: Why use a solicitor?

A: You are at liberty to use our services as you wish, and take our advice and then deal direct with your employee and if you able to handle an Employment Tribunal case without representation; however employment law has become far more complex in recent years and it is now usual for solicitors to get involved to ensure greater prospects of success.

Q: What will be expected of me?

A: We can only give you our best advice if the information you give us is accurate and complete. When you attend your first appointment we will ask you to bring proof of identity documents with you so that we can ensure compliance with the Money Laundering legislation. These can include a passport, a photo-card driving licence, a recent bill or statement.

When you contact us we must check that we have not acted for the person with whom you are in dispute (Employee), so we will ask for their identity. This will be kept strictly confidential, as will everything you tell us even before you decide to instruct us.

In order to understand your circumstances and give advice, we will need you to provide all relevant paperwork. Please try to find the relevant contract of employment, any staff handbook, any correspondence or memos, notes of telephone conversations. It may help you when we see or speak to you to have jotted down a history of what has happened with key dates and names.

Q: What is a compromise agreement?

A: A compromise agreement is used to deal with a dispute or possible dispute between an Employer and an Employee. Usually the employee is leaving his/her job. The Employer usually pays a sum of money in return for the Employee agreeing not to take further action in relation to problems that may have arisen in relation to his/her employment. It is essential that the document is carefully drawn up for both parties’ interests to be safeguarded and for the agreement to be legally binding. It is usual for the Employer to contribute all or part of the Employee’s legal costs.

Resolving Commercial Disputes

Q: How much will it cost?

A: We are not able to estimate your likely costs without full details of your dispute, including witness and documentary evidence. However, we will give you a clear estimate of your likely costs at the earliest practicable time and will keep you informed on costs throughout.

Q: Can this be dealt with on a 'no-win-no-fee' basis?

A: We offer a 'no-win-no-fee' arrangment in personal injury and industrial disease cases only. For commercial disputes our standard charging rates apply (Terms & Conditions)

Q: How long will it take?

A: Until we have a full understanding of your dispute we cannot estimate a likely timescale. However, we will advise on timescales as soon as we are in a position to do so.

Q: Can I come in and talk to a 'real person'?

A: Of course. A great deal of communication can be dealt with by telephone, letter or email, but a personal interview can be arranged and is often helpful.

Q: Can we just send out a demand letter for you?

A: We are obliged to comply with the Money Laundering Regulations which require us to verify clients' identities before we start any work. We understand that this might be frustrating but we cannot dispense with the requirement. It helps a great deal if you bring or send the necessary identification documents as soon as we request them.

Winterbothams LLP

3/7 Rowcroft, Stroud, Glos GL5 3BJ
Tel: 01453 847200 Fax: 01453 751997