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Specialists in Logistics & Transport Law - Call 01254 828300

Employment

employment

Employment

Employment Law
Contracts of employment
Layoff / Redundancy
Employment tribunals
T.U.P.E
Transparency
Disbursements
Key Stages
How Long?
Experience

Employment Law updates

From this section you can access our very latest information updates available for download

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Employment Newsletter - December 2018

Download 30th November 2018 1.28 MB 100
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Employment Newsletter - November 2018

Download 30th October 2018 999.18 KB 96
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Employment Newsletter - October 2018

Download 1st October 2018 1,022.09 KB 116

    Contracts of employment

    Breach of Contract of Employment is one of the fastest growing areas of today’s ‘Claim Culture’, and tribunal payments have grown exponentially in recent years.

    The very basis of the relationship with your employee is the contract of employment and it is mandatory in law for you to provide them to your employees. You must make sure that your the contract says exactly what you want it to say – and protect your business interests. Without a contract, a tribunal will favour the employee!

    It is not adversely expensive to have an appropriate contract drafted and we will normally agree a fixed fee – Why not use our CallBack service to arrange a review with one of our experts.

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    Layoff / Redundancy

    In times of recession it is unfortunate that rationalisation may require a reduction in your workforce. This is a stressful and upsetting time for anyone in this position. Competent and sensitive handling of this situation can help ease difficulties that may arise. There are options available that you must consider and we can advise on redundancy selection, compromise agreements, and all other methods.

    To arrange an initial review with one of our team of experts please contact us by phone, email or use our CallBack facility.

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    Employment tribunals

    Have you received communication relating to a pending tribunal hearing – ACT NOW!

    Missing the deadline to reply normally means losing your claim irrespective of case merit! – Strong, timely responses can put off speculative claims. Sometimes a claim may be genuine, and an early resolution in these cases will inevitably save you significant costs and often adverse publicity. To speak with our team of experts please contact us by phone, email or use our CallBack facility.

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    T.U.P.E. – Transfer of Undertakings
    (Protection of Employment)

    Regulations

    The purpose of TUPE is specifically to protect the employees in situations whereby the organisation or business in which they are employed is sold or the contract to which the employee is assigned is awarded to another business or organisation. Its effect is to move employees and any liabilities associated with them from the old employer or service provider to the new employer or service provider.

    TUPE effects a large number of different business transactions and it is very important that all employers fully understand what liabilities can arise.

    For instance – TUPE can apply when employers buy or sell any part of a business as a going concern, or when employers grant or take over a licence or lease agreement of a premises and plan to operate the same business from those premises.

    Have you recently – Bought a business? Sold a business? Won a contract? Lost a contract? Decided on changes to the structure of your business?

    If so, you will almost certainly have to consider whether TUPE has an impact and what the nature of that impact will be for both you and your employees.

    Failure in identifying these areas can result in numerous claims being brought by those workers affected, and their associated Trade Unions which could run into thousands of pounds – and in some cases substantially more.

    The transport industry is especially sensitive to those types of issues and our expertise in this sector can help you fully identify and deal with them – before they become a problem.

    There are many different scenarios where TUPE applies – if you are unsure how you may be affected, seek advice NOW!

    Please use our CallBack service for a FREE initial consultation with one of our experts.


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    Transparency in price and service for employment tribunals (unfair and wrongful dismissal)

    What will it cost?

    Simple case: £1,500-£3,000 (excluding VAT).
    Medium complexity case: £3,000-£5,000 (excluding VAT).
    High complexity case: £5,000 + (excluding 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 £750.00 per day (excluding VAT).
    If you are a member of our Regulatory only BACKup scheme, you may be entitled to a discount on our hourly rates. Please enquire if you are interested in becoming a member.


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    Disbursements

    Disbursements are costs related to your matter that are payable to third parties such as Counsel Fee, travel and postage to be agreed in advance. Counsel’s fees estimated between £750.00 to £1,500.00 per day excluding VAT (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).


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    Key stages

    The fees set out above cover all of 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 into 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.

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    How long will my matter take?

    The duration from initial instructions to final resolution of a matter depends largely on the complexity and facts involved, as well as the stage at which a case is concluded. If settlement is reached during early conciliation, a case is likely to conclude within a month, albeit this time period can be increased with the agreement of the parties via ACAS. If your claim is issued and proceeds to a Final Hearing, a case may be listed within 36-48 weeks subject to Tribunal availability. Settlement or resolution can occur at any time during proceedings with agreement via ACAS. The above is an estimate and an updated timescale is provided throughout the conduct of the litigation.


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    Experience and qualifications of
    those who will carry out the work

    Our team has over 30 years of collective experience in advising on employment matters.

    We have five members of the team who may work on your matter. Regardless of who has overall conduct, they will be supervised by Steven Meyerhoff, Director of Backhouse Jones and head of the Commercial Litigation and Employment Department.

    Steven Meyerhoff
    Steven is a Director at Backhouse Jones and head of the Commercial Litigation and Employment team at Backhouse Jones. Steven qualified as a Solicitor in 2005 having completed his training contract at Backhouse Jones. He attended Liverpool John Moores University where he was awarded his Bachelors Degree in Maritime Business and Management with First Class Honours. He then attended the College of Law where he was awarded his Graduate Diploma of Law in Legal Practice and completed the Legal Practice Course in 2003.

    Steven has been a Solicitor at Backhouse Jones for 13 years, acting for clients in both an Employment and Commercial Litigation capacity. He is currently the lead Solicitor in the RHA’s Truck Cartel Legal Action which has been issued in the Competition Appeal Tribunal “CAT”. If granted, this will be the first action of its kind within the UK. Steven is also responsible for the supervision and development of the Trainees within the department.

    James Lomax
    James qualified as a Solicitor in 2010 having completed his training at Backhouse Jones. He attended Leeds Metropolitan University where he was awarded his BA Hons in Law and IT. He completed his Legal Practice Course at the University of Central Lancashire in 2008

    James has been a Solicitor at Backhouse Jones for 8 years, acting for clients in both an Employment and Commercial Litigation capacity. He is currently assisting in the RHA’s Truck Cartel Legal Action which has been issued in the Competition Appeal Tribunal “CAT”.

    Laura Smith
    Laura qualified as a Solicitor in 2012 having completed her training at Backhouse Jones. She attended Liverpool John Moores University where she was awarded LLB Hons in Law. She completed her Legal Practice Course at the University of Central Lancashire in 2010.

    Laura has been a Solicitor at Backhouse Jones for 6 years, acting for clients in both an Employment and Commercial Litigation capacity. She specialises in Employment law representing clients nationwide in the Employment Tribunal and Employment Appeal Tribunal.

    Heather Lunney
    Heather qualified as a Solicitor in 2009 having completed her training at Brabners LLP. She attended Liverpool John Moores University where she was awarded her LLB Hons in Law and then completed her Legal Practice Course at the University of Central Lancashire in 2006.

    Heather has been a Solicitor at Backhouse Jones for 3 years, specialising in Employment law. She regularly represents clients in the Employment Tribunal and delivers employment training.

    Paul Mills
    Paul is a Consultant for Backhouse Jones having spent 2 and a half years as a litigation consultant in Manchester. He attended Manchester Metropolitan University where he was awarded his LLB Hons in Law and then completed the Bar Professional Training Course in 2013. Paul was called to the Bar in 2013 and has been a Consultant at Backhouse Jones for over 1 Year specialising in Employment.


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