You can find the terms and conditions and complaints procedure for Scotland here.
Standard Terms of Business
We are committed to the consistent, reliable and speedy delivery of specialist legal services in all aspects of employment law and practice. It is important to set out clearly what you can expect of us and what we will ask of you in return.
We rely on you to provide us with all information relevant to your case. We also rely on you to advise us as soon as possible of any change in circumstances that might affect the case in progress.
You will have a named member of our team with responsibility for the conduct of your case. This person will be identified in your letter of engagement and will normally be your first point of contact for any questions about your case.
We need to have full details of all relevant matters so that we can advise and/or act accordingly.
Instructions should preferably be in writing or at least confirmed in writing (by letter, fax or email). In any event, any written communication sent by us confirming the instructions will be deemed to set out accurately the instructions given unless you write immediately in contradiction. By acceptance of these conditions you are deemed to consent to communication by fax and/or email.
We will only be able to take instructions from you directly, unless you authorise us in writing to take your instructions from another person. If you wish to authorise someone else to give us instructions, you will be able to do so on your Client Details form.
If any conflict of interest in our representation of you arises, we will tell you as soon as possible. We may need to decline your instructions and/or cease to act for you if there is a conflict.
Skill and Care
We will use reasonable skill and care in the provision of the services.
Our fees will be clearly set out in your letter of engagement and will have regard to all the circumstances of the case, taking into account particular factors such as the complexity of the matter, the skill and responsibility involved and the time spent by us. We aim to be competitive in our charges without compromising on quality of service. Where requested, an estimate of our fees to completion of your case will be given, but it is important to understand that some factors affecting the cost (such as the length of the hearing) are not completely within our control.
VAT (where applicable) and expenses incurred by us to third parties in connection with your case will be added to our charges. Photocopying carried out by us in connection with your case will also be charged where this is considered by us to be reasonable given the volume of copying required. Photocopying, where charged, will be at the rate of £0.10 per page plus VAT. Travel time, where charged, will be at half the hourly rate quoted in the letter of engagement issued. Where a car has been used, an additional charge of £0.50 per mile plus VAT is payable. Where public transport or a taxi is used the actual cost incurred is payable. Work will be charged in 5 minute increments.
In situations where we contract, on your behalf, with a third party (such as an insurer) on the basis that you will be indemnified by the third party in respect of all or part of our costs, the primary liability to us for those costs will remain with you since we would have no entitlement in law to seek recovery from the third party.
Timing of Fee Notes
Our normal practice is to send you a fee note in respect of our accumulated work-in-progress each month.
We may require you, from time to time, to pay us an agreed advance of fees and will usually do so in litigation cases before proceedings are commenced.
Each of our fee notes (which will be denominated & payable in sterling) must be settled, in full, immediately following your receipt of it. If it is not, we shall be entitled to charge interest on it (on a daily basis) on the full amount due at the Clydesdale Bank base rate plus 4% from the date of invoice until payment (including accrued interest) is made in full.
Confidentiality in respect of all client matters is one of the cornerstones of our business. We shall maintain confidentiality in respect of your affairs unless you authorise us to reveal these matters or we are obliged to do so by operation of law or order of the Court.
We will not be responsible for the consequences of, and shall not be liable for, any loss caused to you or any third party arising from any misleading, incomplete or erroneous instructions or information given by you or where information or instructions are not given timeously. In respect of a claim by such a third party in such circumstances, you will wholly indemnify us in respect of that claim.
You are entitled to terminate the agreement for us to act for you at any time. You should do so in writing and you will be liable for any fees we incur on your behalf up to the time we receive your written confirmation that you no longer wish us to act for you, except where you cancel during any ‘cooling off’ period. If you decide to instruct alternative agents to act for you, we will only be able to forward our papers to these agents upon receipt of a signed mandate.
We may terminate the agreement for us to act for you at any time. Generally, we will only do so for good cause and will try to do so in a manner that is not prejudicial to your case.
We aim to provide you with the highest level of service at all times, but should you have a complaint about any aspect of our services you should in the first instance put your complaint in writing to our Managing Director. A copy of our Complaints Procedure is enclosed for your information.
These terms and conditions shall be governed by Scots Law and are subject to the exclusive jurisdiction of the Scottish Courts.
Complaints procedure England and Wales
Whilst Just Employment Law makes every effort to provide an excellent service to its clients at all times, should you be in any way dissatisfied with the service you have received, you may raise a complaint with Just Employment Law Ltd in accordance with our complaints procedure.
The purposes of our complaints procedure are as follows:
- To ensure that clients are aware of the right to request that a complaint be considered.
- To give all clients guidance as to the appropriate procedure for raising a complaint.
- To ensure that any client complaint is dealt with fairly at all times.
Submission of Complaints
Clients may submit a complaint to Just Employment Law Ltd by intimating the grounds for complaint either by telephone, in person, in writing or by e-mail.
Complaints should be addressed to the Managing Director, David McRae.
A complaint submitted more than six months after you become aware of the cause of your complaint will only be considered by us in exceptional circumstances.
Acknowledgement of Complaints
Within five working days of receiving your complaint, we will write to you acknowledging receipt of your complaint, identifying the Director who will be dealing with your complaint and outlining the procedure to be followed. A further copy of this procedure will be provided to you at this time.
When a complaint is received, either verbally or in writing, a Director of the company will undertake such investigation as is considered necessary to address that particular complaint.
Wherever possible, the Director charged with the responsibility of investigating the complaint will have had no prior involvement in the circumstances giving rise to the complaint.
Normally, we will invite you to attend a meeting with the Director investigating the complaint to discuss matters fully. This meeting will, wherever possible, take place within 21 days of our receipt of your complaint.
Responding to Complaints
The Director responsible for dealing with your complaint will have full authority to resolve the complaint in whatever manner he or she thinks fit, taking full account of the nature of your complaint and any financial loss and/or inconvenience you have suffered.
We aim to provide you with our final response to your complaint as quickly as possible, having fully reviewed and considered the circumstances of your complaint.
Within 28 days of receiving your complaint, we will write to you either:
- providing you with our final response to your complaint; or
- explaining why we are not yet in a position to do so and indicating when you might expect to receive our final response.
Within 56 days of receiving your complaint, we will write to you either:
- providing you with our final response to your complaint; or
- explaining why we are still unable to provide our final response, indicating when you might expect to receive our final response and informing you that if you are dissatisfied with the delay, you may refer the matter to the Claims Management Regulator.
A final response to your complaint will always be provided in writing and will outline the following:
- a summary of your complaint;
- details of the investigation carried out;
- the investigating Director’s findings of fact in relation to your complaint;
- the investigating Director’s decision as to whether your complaint should be upheld (in full or in part) or not upheld;
- Where your complaint has been upheld (in full or in part), the company’s proposals for resolution of the matter; and
- Confirmation of your right to refer the matter to the Claims Management Regulator if you are dissatisfied with our final response and full contact details for the Claims Management Regulator.
Recording of Complaints
All documentation relating to your complaint will be retained and processed by Just Employment Law Ltd in accordance with the Data Protection Act 1998 and any relevant guidance issued by the Information Commissioner.