Terms of Business for Employees - England and Wales (Regulated by Claims Management Regulator)

Please note that these terms of business are only applicable to those consumers from England and Wales who are potentially in receipt of the company's regulated activities.

 

Our service

 

We are Just Employment Law Ltd and provide legal services in respect of employment tribunal claims and other employment matters. We will examine your situation and where we believe you have a legitimate claim we will represent you at the Employment Tribunal. We will also advise you in relation to other employment matters, in anticipation of a claim at the Employment Tribunal. In summary:

 

  • We will act for you in any type of employment tribunal claim, from a straightforward wages claim through to more complex unfair dismissal, discrimination and collective claims arising out of TUPE or redundancy consultations. We will also advise you in relation to any employment matters in anticipation of a claim at the Employment Tribunal.

 

  • We will handle all aspects of any claim brought by you. This includes drafting pleadings, interviewing witnesses, settlement/withdrawal negotiations and representing you at the hearing.

 

  • We will also assist you in judicial mediation and liaise directly with ACAS throughout the proceedings.

 

  • There may be several specific documents required from you to pursue your claim. These are detailed on our Letter of Engagement (“LOE”).

 

You will have a named member of our team with responsibility for the conduct of your case. This person will be identified in your LOE and will normally be your first point of contact for any questions about your case.

 

Your Obligations

 

You must provide us with all information relevant to your case. You must also advise us as soon as possible of any change in circumstances that might affect the case in progress.

 

You must supply us with full details of all relevant matters to your claim(s) so that we can advise and/or act accordingly on your behalf.

 

Instructions should preferably be in writing or at least confirmed in writing (by letter, fax or email), unless this is in relation to a complaint or cancellation. 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.

 

You must provide all documents, including any documents in electronic form in your possession that are or may be relevant to the claim and that give evidence of a fact in the claim. When sending all documents to us please include a disclosures statement confirming that you have given Just Employment Law Ltd all documents that you know about that are relevant to your claim. All answers or statements given by you are your responsibility.

 

You must carefully read any documentation that we send to you or you receive from a third party in relation to this matter. Once read you should retain the documentation.

 

Our obligations

 

We will use reasonable skill and care in the provision of the services.

 

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.

 

You will be kept informed of the progress of your claim, including any changes to costs that you may have to meet and any requirements, such as the need for additional information, as they arise.

 

Instructions

 

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.

 

Our Fees

 

Our exact fees are clearly set out in your LOE 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.

 

Our hourly rate will apply for the work undertaken on your behalf. The rates are tiered as follows:

 

Director - £250 per hour plus VAT

Senior Solicitor - £195 per hour plus VAT

Solicitor - £160 per hour plus VAT

Trainee Solicitor - £135 per hour plus VAT

 

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 LOE 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 Employment Tribunal claims each party is normally responsible for their own costs. However, it is possible that one party will agree to pay the other party’s costs. It is also possible that an Employment Tribunal can award costs against one party and in favour of the other.

 

If costs are awarded in your favour, these will be paid directly to you. For the avoidance of doubt you will be responsible for all fees incurred by us, even if the total fees are in excess of the costs awarded in your favour. If the other side are awarded costs against you, you will have to pay our costs and the other side’s costs awarded.

 

If there was a referral through a third party your LOA will detail the referral fee paid to or other financial arrangement with the referrer.

 

Recoveries

 

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.

 

Timing of Fee Notes

 

We will 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. We will provide details of the amount this advanced fee prior to requesting this.

 

Payments

 

Each of our fee notes (which will be denominated & payable in sterling) must be settled, in full, 14 days 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 Clydesdale Bank base rate plus 4%, this will be accrued until the full amount of the invoice is made in full (including accrued interest).

 

Confidentiality

 

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.

 

Limitation

 

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.

 

Cancellation

 

You are entitled to cancel this agreement for us to act for you at any time. You are able cancel by any reasonable means. As a result you will be liable for any fees we incur on your behalf up to the time we receive this confirmation, except where you cancel during the ‘cooling off’ period. The charges will be limited to what is reasonable in the circumstances and shall reflect the actual work undertaken by Just Employment Law Ltd. 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.

 

The first 14 days of after you have signed the contract is the ‘cooling off’ period. We will not charge you for any work completed during the first 14 days of the contract and if you have paid any fees for the first 14 days after signing this agreement, and you cancel on or before the 14th day of this contract, you are entitled to a refund of the payments, if any, made by you to Just Employment Law Ltd.

 

We can cancel this agreement if you materially breach any of your responsibilities and you fail to rectify your material breach within 21 days of Us telling You which We will attempt to do by both telephone and post.

 

Complaints

 

Should you have a complaint about any aspect of our services you should address any complaints to our Managing Director. A copy of our Complaints Procedure is enclosed.

 

Other important information

 

You have the right to seek further advice, shop around and make the complaint yourself, should you wish.

 

The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this agreement which means that only you and we have any rights under this contract. However if you ask us to liaise with anybody else on your behalf in relation to this contract we will do so provided that you give us your written permission.

 

You should consider whether you have alternative mechanisms for pursuing a claim. Any possible alternatives are listed on your LOE.

 

These terms and conditions shall be governed by the Law of England and Wales and are subject to the non-exclusive jurisdiction of the English Courts.

 

 

 

CANCELLATION LETTER

 

Right to cancel

 

You have the right to cancel this contract within 14 days without giving any reason.

 

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

 

To exercise the right to cancel, you must inform us at:

 

Just Employment Law Ltd, City View, 6 Eagle Street, Glasgow, G4 9XA, enquiries@justemploymentlaw.co.uk, (0141 331 5150) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

 

You may use the below model cancellation form, but it is not obligatory.

 

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

 

Cancellation Notice

 

To: Just Employment Law Ltd, City View, 6 Eagle Street, Glasgow, G4 9XA, enquiries@justemploymentlaw.co.uk, (0141 331 5150).

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service [*]

 

Ordered on [*]/ received on [*]

 

 

Your name:

 

 

Your address:

 

 

Your signature (only if this form is notified on paper):

 

 

Date:

 

 

[*]Delete as appropriate

 

 

If you would like to speak to one of our solicitors & discuss your requirements in more detail please call 0141 331 5150 or use this contact form.
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