EMPLOYMENT

Employment Law Solicitors,
acting for Executives, Employers and Partnerships & LLPs

We explain the legal implications of employment and partnership issues clearly and concisely. Drawing on many years of experience, and our commercial and strategic expertise, we help our clients to resolve sensitive disputes creatively, and deliver results in line with their commercial or personal objectives.

Find out how our Employment Lawyers can help

"They are knowledgeable in the field, commercially minded and they're keen to get results."

Chambers UK, 2019

Our employment lawyers specialise in complex employment and partnership matters with high stakes. We provide support and services to employers,  executives and Partnerships & LLPs

 

Employment law specialists

Our employment  solicitors act for a broad range of employers including entrepreneurial start-ups, well established public companies and professional services firms. We also focus our practice on representing senior executives and board directors, partners, entrepreneurs, and high profile public figures.

Whilst we are employment specialists, we regularly build cross departmental teams to deliver a seamless client service, for example in matters that require the involvement of Kingsley Napley’s immigration, corporate & commercial, criminal and regulatory teams.  

The work we do

Below are our key services, however,  if you do not find what you are looking for, pick up the phone and give us a call, or email us. We will almost certainly have come across a similar issue to the one you face – and will have learnt from the experience.

Discrimination

 

EXITS AND RESTRUCTURES

 

Investigations

 

PARTNERSHIPS, LLPS AND REGULATED INDUSTRIES

 

Policies and procedures

 

Further information

If you have any questions or require employment advice, please email our employment law team.

Our fees

Most of our services are offered on an hourly rate basis and as many of our clients’ matters are complex and often involve multiple parties, there is rarely a typical case. Our clients are given an estimate of costs after our initial meeting or as part of the engagement process. There are some areas where we are able to be more indicative and, as in accordance with the Solicitors Regulation Authority (SRA) guidance on price transparency, we have published our price and service information where it is possible to be upfront about charges without knowing all the details of the matter.

Fees for employment tribunal claims

The services we provide include both pursuing and defending employment tribunal claims and appeals.  Most of the claims in which we act are complex claims involving not only claims of unfair and wrongful dismissal but also whistleblowing, discrimination, equal pay or other claims.  Whilst we do straightforward claims from time to time it is always necessary to weigh up whether the potential outcome of the matter can justify the costs involved. 

Key stages

The key stages of a claim which are covered within our normal fees are as follows:

  1. 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)
  2. Entering into Early conciliation where this is mandatory to explore whether a settlement can be reached;
  3. Preparing claim or response
  4. Reviewing and advising on claim or response from other party
  5. Exploring settlement and negotiating settlement throughout the process
  6. Preparing or considering a schedule of loss
  7. Preparing for (and attending) a Preliminary Hearing
  8. Exchanging documents with the other party and agreeing a bundle of documents
  9. Taking witness statements, drafting statements and agreeing their content with witnesses
  10. Preparing bundle of documents
  11. Reviewing and advising on the other party's witness statements
  12. Agreeing a list of issues, a chronology and/or cast list
  13. Preparation and attendance at trial including any separate hearing to determine compensation, including instructions to Counsel

The key stages set out above are an indication. If some of stages are not required, the fee will be lower. 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 in accordance with your individual needs. 

If there are additional stages the costs will be higher.  Additional stages include:

  • Making or responding to additional applications, for example applications for specific disclosure, to strike out a claim, to seek additional time to take a step in the process, to seek an unless order to compel the other side to complete a step in the process.
  • Joining additional parties or dealing with additional parties.
  • Amending pleadings.
  • Dealing with appeals

 

Work we do not undertake

  • We advise on employment but not on tax or pensions. If you need specific advice on these matters we can arrange for you to receive this from other specialists in these fields. 
  • When advocacy is required we generally instruct counsel save for some preliminary hearings which we conduct ourselves.

 

The basis of our charges

We generally base our fees on hourly rates although on some work we are able to offer fixed fees.  The current members of our team and their hourly rates are as follows:

  • Partner - £500-£525
  • Senior associate  - £360-£395
  • Associate - £230-£340
  • Trainee solicitor - £185
  • Paralegal - £175-190

These hourly rates do not include VAT (currently at 20%).

Disbursements are payable In addition to these charges.  Disbursements are amounts we pay to third parties for expenses such as travel costs and counsel’s fees.

 

Fees

Every case is different and many of our cases are complex and involve multiple parties and claims and difficult legal issues. There is no such thing as a typical case.  However, for convenience we have divided employment tribunal claims into three bands according to complexity.

An employment tribunal claim involving only claims of unfair dismissal and wrongful dismissal will normally, but not always be a simple claim.

 

Factors that make cases more complex

  • If it is an automatic unfair dismissal claim e.g. if an employee is dismissed after making a public interest disclosure (blowing the whistle on the employer).
  • If there are allegations of discrimination or other claims which are linked to the dismissal.
  • If there are multiple claimants or respondents to the claim.
  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim.
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties) or whether the tribunal is able to hear the claim due to jurisdictional or time limit issues.
  • The number of witnesses and documents.  If there is a large volume of documents it may be necessary to use e-disclosure software to manage the process.
  • Evidence of expert witnesses including experts’ reports.
  • Defending claims that are brought by litigants in person.
  • Making or defending a costs application.

 

Our pricing for bringing and defending claims for unfair or wrongful dismissal

  • Simple case: £30,000-£60,000 (excluding VAT)
  • Medium complexity case: £50,000-£120,000 (excluding VAT)
  • High complexity case: £100,000-£250,000 (excluding VAT)

These figures are all based on the case continuing through to trial.  In reality most cases are resolved before trial.

Cases of medium or high complexity may include claims of wrongful or unfair dismissal but will usually involve other claims as well.  Typically high complexity cases will involve claims of discrimination or whistleblowing.

Each day of a tribunal hearing will incur a charge based on the time spent and the hourly rate of the lawyer. This will typically be over £2000 (excluding VAT).  In addition counsel’s fees will be incurred each day that the hearing continues (see below). These costs are included within the bands of fees outlined above.

Generally, we would expect a hearing lasting 1-2 days for a simple case, 2-4 days for a medium complexity case and 5 days or more for a high complexity case.

 

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as counsel’s fees, expert’s fees, travel expenses and court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel's fees vary according to the experience of the individual counsel.  Fees for a hearing are usually based on a brief fee which covers the cost of preparation and the first day of the hearing and “refresher” or a daily rate which is payable for the second and each subsequent day of the hearing. Typical fees for counsel are as follows:

Simple case: 

  • Brief fee £2000-£4000 (excluding VAT)
  • Refresher £1000-2000 (excluding VAT)                                                       

Medium complexity case:

  • Brief fee £4000-£12,000 (excluding VAT)
  • Refresher £1000-3000 (excluding VAT)             

High complexity case:

  • Brief fee £6000-75,000 (excluding VAT)
  • Refresher £1500- 5000 (excluding VAT)

 

How long will my 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 likely to take 2-4 weeks. The aim of employment tribunals is to conclude all cases within 26 weeks of the claim starting but in reality it may take longer to conclude, often 40-60 weeks from the claim starting to the final hearing. This is an estimate and we will be able to give you a more accurate timescale once we have more information and as the matter progresses.

 

 

Our employment law expertise

Executives

We assist our senior executive clients to understand their legal rights and duties, and to maximise their financial entitlements.

Employers

We support decision-making processes, ensuring that decisions are robust and where necessary defending them against challenge.

Partnerships and LLPs

We act for professional partnerships and LLPs, as well as individual partners and members in a wide range of industry sectors.

Disciplinary and grievance procedures, absence and performance management

Advising in relation to disciplinary and grievance procedures is one of our core areas of employment law expertise.

Discrimination claims

We have a wealth of experience of discrimination law in relation to complex and high value discrimination, harassment and diversity matters.

Employment contracts, policies and procedures

We help employers to ensure they have the right contractual provisions, policies and procedures in place to protect their business interests.

Employment disputes and litigation

Litigation and disputes are fundamental to what we do. We have years of experience acting in the most complex and challenging employment disputes.

Flexible working and family friendly rights at work

We advise on family friendly rights at work, including maternity leave, adoption leave and employment rights in surrogacy cases.

GDPR and data protection

We help negotiate this complicated area of law, ensuring personal data is protected and helping to manage the consequences when it is not.

Global mobility and employment law

International relocation is a challenge for multinationals and domestic employers. We advise on employment and immigration law.

Restrictive covenants and team moves

We are widely known for giving practical advice to clients dealing with matters in the workplace, Employment Tribunal or High Court.

Senior managers and certification regime

The Senior Managers and Certification regime is now in force. All involved need a thorough understanding of it, which is where we can help.

Terminations and settlement agreements

We have vast experience advising on terminations and settlement agreements and have a proven track record of achieving optimal outcomes.

Transactions, redundancies, restructurings and outsourcing

We regularly deal with the employment aspects of transactions including share sales, business transfers and outsourcings.

Workplace investigations and whistleblowing

Acting for employers seeking to defend themselves against whistleblowing allegations or individuals who have blown the whistle.

Sexual Misconduct in the Workplace

We advise organisations and individuals dealing with sexual misconduct in the workplace.

Employment Insights

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News

Post-pandemic pay-cuts on the horizon bosses warn - Richard Fox quoted in HR Magazine

City braces for spike in discrimination disputes from COVID-19 crisis - Adrian Crawford quoted in Financial News

Time for action on ethnic diversity in the workplace - Bina Patel and Ozlem Mehmet write for Personnel Today

How advisers may have to reshape their business post coronavirus – Corinne Aldridge writes for the FT Advisor

Lawyers in Lockdown: Sandra Paul and Nikola Southern write for The Law Society Gazette

Don’t want to return to the office? You could face bonus cuts and a higher chance of redundancy - Richard Fox quoted in Financial News

Nearly half a million self-employed seek government help - Richard Fox quoted in The Telegraph

Living with the competition? You might have to tell your boss - Richard Fox quoted in Financial News

Should you have a relationships policy at work? Richard Fox quoted in The Journal

World’s biggest finance firms consider shrinking offices due to coronavirus crisis - Adrian Crawford quoted in Financial News

I’ve been asked to take a pay cut, should I agree? - Corinne Aldridge writes for the Financial Times

JPMorgan struggles to close its gender pay gap in the UK - Corinne Aldridge quoted in Financial News

Goldman Sachs gives staff 10 days of ‘family leave’ to cope with COVID-19 - Richard Fox quoted in Financial News

Will maternity leave be affected by coronavirus? - Kirsty Churm quoted in GoodtoKnow

Coronavirus crisis accelerates digitisation of employment tribunals - Richard Fox writes for Personnel Today

Is it time for specific anti-bullying legislation? Bina Patel writes for Personnel Today

Revealed: the FCA's £1m employment litigation bill - Adrian Crawford quoted in Citywire Wealth Manager

The City drops the tie - Nick Ralph quoted in L'AGEFI

Forbidden love: fund firms clamp down on office romances - Richard Fox quoted in Ignites Europe

Kingsley Napley recognised in six categories in The Times Best Law Firms 2020

Protecting the bottom line when talent departs - Adrian Crawford quoted in Citywire Wealth Manager

Political beliefs in the workplace: what does the law say? - Richard Fox writes for Personnel Today

Richard Fox comments on the latest 'Hot Topic' discussed in HR Magazine

Lloyd's of London probe reveals toxic work culture - Corinne Aldridge quoted in CityAM

Press release: Kingsley Napley strengthens employment team with acquisition of Archon

What has the government committed to on NDAs? - Richard Fox writes for People Management

Misconduct: Managing disciplinary procedures in tandem with external processes - Clodagh Hogan and Shannett Thompson write for the Employment Law Journal

The City wanting to redeem itself is a virtue - Richard Fox quoted in L'Agefi

The importance of WhatsApp messages as evidence - Andreas White writes for People Management

Bullying in the workplace: setting unrealistic targets - Richard Fox quoted in Personnel Today

Is it ever ok to hug your colleagues in the workplace - Richard Fox quoted in Huff Post

What will 2019 hold? Brexit is not the only problem - Richard Fox quoted in The Times

View all

Blogs

Flexible furlough scheme: what employers need to know

Inappropriate behaviour - when the past is not left in the past

Who’d be a Whistle Blower?

Your legal rights on returning to work during COVID-19

Changing terms and conditions: when furlough is not enough

Property adjustments required to ensure a safe return to work: Employment and Property law insights

Redundancy because of COVID-19 - top 10 tips for senior executives negotiating an exit

Guidance for employers on conducting disciplinary and grievance procedures during the Coronavirus pandemic

#BulliesBeKind – top tips for senior executives tackling workplace bullying

Transatlantic trends from the UK’s Coronavirus Job Retention Scheme and the Paycheck Protection Program in the US

Partners' future under spotlight during crisis

Loxit - what are the key legal considerations for UK employers?

How can partners prepare for a post COVID-19 firm cull?

Beware the hidden cost of furlough abuse

#BulliesBeKind – Isn’t it time for workplaces to be free of bullying?

Cyber bullying in the workplace during remote working

Taking a pay cut - is it the right thing to do?

Is shared parental leave in need of reform?

Legal rights if you're made to work in the office during COVID-19

Misconduct in the (cyber) workplace

Urgent Home Office guidance required for furloughed Tier 2 sponsored workers

Reflections on The Split – S2, E5: Sex tapes, bugging and workplace relationships

Falling between the cracks – is it time to legislate for dual discrimination?

What can employers do to combat the recent surge in disability discrimination claims?

Fair redundancies - Top 10 tips for employers: Part 1 - Individual Consultation

Partner expulsion case offers lessons to LLP firms and their partners

Calling out discrimination in banking bonuses

Alternatives to redundancies – Top 10 tips for employers

Mind the (Ethnicity Pay) Gap

Fixing the broken rung – action to improve gender balance

Shared Parental Leave – Men it could be time to burn your boxers

UK's Senior Managers And Certification Regime - All Change On 9 December?

Getting a senior job with a boutique firm in London is about to become complicated

Will there be cultural change in the financial and professional services?

Two years after #MeToo: is there a case for banning relationships at work?

TUPE or Not TUPE: That Is the Question

The Government publishes a response to its Consultation on NDAs aka confidentiality clauses - is it a pass or a fail?

What have we learned from the Senior Managers and Certification Regime?

Tribunal orders injury to feelings award for employee who was asked to keep her sexuality a secret

WhatsApp messages: a treasure trove of evidence in team moves

Credibility of witness evidence justified dismissal under FCA’s ‘fit and proper’ test

The importance of carrying out a fair and proper investigation process

When an employee is under regulatory or criminal investigation, how should their employer handle an internal disciplinary?

How to minimise the risk of workplace sexual harassment claims

Pitfalls for employers: dismissals and TUPE transfers

At last we are moving away from a state of limbo over NDAs

One year on from the President’s Dinner, what has changed?

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Let us take it from here.

+44 (0)20 7814 1200

enquiries@kingsleynapley.co.uk

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