Lincs Law

FAQs: Employees

Do you provide free Employment Law advice?

We are happy to discuss your concerns with you over the telephone, by email or via our Website Enquiry Form. We can often assess whether you should take your workplace problem or issue further during our conversation. There is no charge for a telephone, email or website enquiry. For a free, no obligation discussion, please contact Lincoln based LincsLaw Solicitors.

Do you provide free appointments for Employment Law advice?

We are happy to discuss your concerns with you over the telephone, by email or via our Website Enquiry Form. However, we do not offer free appointments or face-to-face consultations. We find can often assess whether you should take your workplace problem or issue further during our initial conversation; there is no charge for a telephone, email or website enquiry. For a free, no obligation discussion, please contact Lincoln based LincsLaw Solicitors.

How much is a Fixed Fee Consultation?

Following a free telephone, email or website enquiry, if your matter requires further assistance we will meet with you for a Fixed Fee Consultation. The cost of a Fixed Fee Consultation is £240.00 (£200.00 plus VAT). This the total amount, there are no additional monies to pay if the appointment takes more than an hour, no charges to photocopy your documents and there is even free parking outside our offices.

The Fixed Fee Consultation includes a meeting with whichever one of our extremely experienced lawyers you choose. It is intended that your consultation should be a thorough consideration and assessment of your workplace issue: there is no time limit and you can relax in the knowledge that however long you are with your lawyer, the price is fixed and you will not be charged additional hourly rates or any additional fees. The consultation lasts as long as it takes for you and your lawyer to:-

  • Consider the full background of your situation
  • Discuss your circumstances
  • Advise whether you have any Employment Tribunal claims
  • Advise on the potential value of any Employment Tribunal claims
  • Suggest what action or steps you should take next
  • Advise on any fees or funding arrangements for assistance going forward.

Your lawyer will then confirm their advice in full and in writing. There are no additional charges as your written confirmation is included in the cost of the Fixed Fee Consultation.

For many clients, a Fixed Fee Consultation is all that is necessary and they consider they have all the assistance they need to progress their matter themselves. For others who may require further assistance or who are at the stage of pursuing their matter at the Employment Tribunal, we can offer a number of funding options depending on their situation.

For a free, no obligation discussion, please contact Lincoln based LincsLaw Solicitors.

Do you provide Legal Aid advice?

If you have an employment or workplace dispute, you may be entitled to assistance through legal aid (legal help). However, such assistance is extremely limited. LincsLaw do not provide legally aided advice and, therefore, if you believe you may be eligible for legal aid you should first visit www.gov.uk/legal-aid/overview.

How much do you charge to advise on a Settlement Agreement (Compromise Agreement)?

If you have been offered a Settlement Agreement (previously called Compromise Agreements) by your employer you must obtain independent legal advice before signing. The convention (although it is not a requirement) is that your employer will pay our fees for advising you. LincsLaw Solicitors charge £300.00 (£250.00 plus VAT) to advise you on your Settlement Agreement.

Our fee includes a meeting with your solicitor to discuss the background of your situation and advise you on the terms of your Settlement Agreement. We put no time limit on your meeting as we understand the decision to sign a Settlement Agreement is important and has potentially life changing consequences. Put simply, we are happy for your meeting to take as long as you need. The fee also includes written confirmation of advice following the meeting.

For most people, a Settlement Agreement is dealt with at the first meeting and no further assistance is required. However, the reason we take the time to discuss the full background of your situation is to ensure you are being properly compensated for circumstances surrounding your being offered a Settlement Agreement. If you are not being properly compensated (for example, if you are being made redundant, but are being offered the same or less than the amount to which you are already legally entitled, your employer is asking you to sign away your employment rights under a Settlement Agreement for nothing) we will advise you fully on the alternatives available to you.

For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

Where can I meet with you?

Our offices are conveniently located in Lincoln at Greetwell Place, Lime Kiln Way, Lincoln LN2 4US. There is ample free parking available and no restriction on the time you are able to park.

If you are unable to attend our offices, we would be happy to meet with you at your home or other location within 15 miles of LN2 4US (as per AA route planner). Please be aware there will be charge for travel time in those circumstances, please contact us for details. Also, please note that for home visits and appointments outside of our offices, payment for the Fixed Fee Consultation and travel charge will be required in advance.

For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

I work normal office hours, can I arrange an appointment at the weekend?

LincsLaw Solicitors are open from 9.00am to 5.00pm Monday to Friday and 9.00am to 12.00 noon on Saturdays. We would be happy to meet with you during those hours.

Please note, Saturday morning appointments are extremely popular and you will need to book early to avoid disappointment.

If our opening times are not convenient for you, we can usually arrange an appointment to suit your availability. For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

What are the time limits for an Employment Tribunal Claim?

As a general rule, you must submit your claim to the Employment Tribunal within three months of the act, omission or incident your claim is about. For claims about redundancy or dismissal, this is usually fairly easy to calculate as you use the last day of your employment as the first day when calculating the time limit. For example, if your last day of employment was 30th June, your claim would need to be submitted to the Employment Tribunal on or before 29th September. However, please note, these time limits can be extended if you are going through the ACAS Early Conciliation Process when your Employment Tribunal time limit would normally expire.

It is sometimes more difficult to work out your time limit for cases where there has been discrimination or where the claim is about an employer's failure to act. In those circumstances, please contact us for a discussion about the time limit to bring a claim as we will need to know the full circumstances. Again, please note the time limit can be extended if you are going through the ACAS Early Conciliation Process when your Employment Tribunal time limit would normally expire.

Claims submitted "out of time" will not be accepted by the Employment Tribunal and in those circumstances your ability to pursue your claim will be lost. It is therefore important that if you have a workplace concern or issue, you take legal advice as soon as possible. For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

If I submit a claim to the Employment Tribunal, how long will it take?

This is a difficult question to answer as much depends on the type of claim(s) you have submitted. Most claims for unfair dismissal, constructive dismissal etc. will have a hearing before the Employment Tribunal within six months of the claim being submitted. However, complex discrimination matters or claims where there is a dispute over employment status (for example where there is a TUPE situation or agency arrangements make it unclear who is the employer) then these claims can often take up to a year.

For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

Can I use the Legal Expenses Insurance I have on my home and contents policy to pay for representation at the Employment Tribunal?

If you have Legal Expenses Insurance (as part of your home and contents policy or as part of any other insurance) your insurer will usually cover all fees payable to the Employment Tribunal and all your legal fees incurred with LincsLaw Solicitors in pursuing your claim. Policies vary considerably, but, unfortunately, few cover advice and assistance at an early stage of a workplace problem such as a disciplinary or redundancy situation. The cover usually commences when you are at the stage of issuing your Employment Tribunal claim.

For clients who have met with us for a Fixed Fee Consultation, we will happily complete your insurer's claim form and include our assessment of your Employment Tribunal claim for free . For clients who have not instructed us previously and have not met with us for a Fixed Fee Consultation, we will need confirmation that your insurer has agreed to fund your claim before we can accept your instructions.

For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

My Legal Expenses Insurer allocated my Employment Tribunal claim to one of their own solicitors, can I transfer my case to LincsLaw Solicitors Solicitors?

It is common for insurers to request that policy-holders instruct a panel firm of solicitors. These are solicitors that the insurers have selected. As a policy-holder you have the right to choose your own solicitor once you have issued your Employment Tribunal claim. The insurers are bound to respect that decision and allow you to use your insurance funding to instruct a solicitor of your choice.

Obviously we would like you to choose us and instruct LincsLaw Solicitors. However, if you are happy with the solicitor chosen for you by your insurer. then you should think carefully before you change. If you are not happy (perhaps the solicitor is based miles away and you are unable to meet with them face to face, or the work they have been doing for you is rushed, last minute and pressured) then please contact us. Transferring your matter to LincsLaw Solicitors is a straightforward process. We will need you to sign some consent forms to transfer your file, but we will take care of the rest.

For a free, no obligation discussion, contact Lincoln based LincsLaw Solicitors.

Do you do "No Win, No Fee" legal representation?

LincsLaw Solicitors does offer funding by way of Damages Based Agreements (or as they are usually known "No Win, No Fee" agreements) for clients needing Employment Tribunal representation for a final hearing. We do not offer these types of funding arrangements for general employment law advice or representation at any other type of hearing.

Essentially, the way such arrangements work is that you are not required to pay us for our work unless and until we win a settlement for you or win your Employment Tribunal hearing. If we do win a settlement or the hearing for you, we retain 35% of all and any monies you receive to cover our fees.

By way of example, if we represented you at the final hearing of your Employment Tribunal claim and you were awarded a total of £5,000.00, we would retain our fees of £1,750.00 (£1,458.33 plus VAT) and you would receive £3,250.00. If we were unsuccessful at the Employment Tribunal hearing, you would not be required to pay for our representation.

LincsLaw Solicitors only offer these arrangements to clients who have begun Employment Tribunal litigation and certain eligibility criteria must be met. If you meet the following criteria, we would be delighted to hear from you to discuss representing you at the Employment Tribunal under a Damages Based Agreement ("No Win, No Fee" agreement):

  • you have submitted a claim to the Employment Tribunal; and,
  • your Employers have submitted a Response to the Employment Tribunal regarding your claim; and,
  • you have complied with all Employment Tribunal Case Management Orders (for example, bundles of documents, witness statements etc.); and,
  • you have paid your Employment Tribunal fees, including your issue fee and hearing fee. Alternatively you have written confirmation from the Employment Tribunal that you do not have to pay those fees (this is called remission, for more information go to www.justice.gov.uk).

Please note, although Damages Based Agreements cover our fees, such funding arrangements do not include the fees charged by the Employment Tribunal to submit your claim or to have your case heard.

If you are eligible for a Damages Based Agreement on the above criteria, please contact Lincoln based LincsLaw Solicitors for a free, no obligation, discussion.

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