Terms of business

Terms of business

Identity

Could you please forward to us a copy of two forms of identification. This can be a copy of your passport or driving licence and something with your home address on it such as a utilities bill.

Our services

We will assist you in resolving disputes with your employer or previous employer. As part of this process we will review the documentation you provide and will conduct a fact find with you to gather information pertaining to your dispute. We will advise on the merits of your potential claims. We will attempt to resolve your dispute, so far as is possible, outside of the tribunal process. We will assist and facilitate liaison between you and your employer or previous employer. This will include either us corresponding directly with your employer or previous employer on your behalf or assisting you in preparing for formal meetings or drafting correspondence which you send to your employer or previous employer. The vast majority of disputes we deal with settle before the employment tribunal stage.

In the event that your claim proceeds to the tribunal we will draft claim correspondence on your behalf and submit the same to the respondent. We will either represent you at tribunal or engage an external barrister under our license access. The merits of either route will be discussed and agreed with you beforehand. We will liaise with your employer or previous employer until conclusion of your claim.

Risks

Please be aware that there are risks associated in making a claim against your employer or previous employer. This includes financial risks such as paying our service fees and our professional disbursements set out in the disbursement section of our terms. It is to be noted that where a claim proceeds to tribunal you will be liable to pay our service fee irrespective of the outcome. The non-financial risks involved in making a claim includes the emotional distress of addressing the dispute or pursuing the claim and appearing in the tribunal.

Fees

We charge a rate of £250 per hour plus VAT.

We record all time spent on your matter and charge you to the nearest five minutes.

We take a payment on account for new client work that will be on going. If we are asking for a payment on account, an invoice will be attached setting out the payment on account and also confirmation that the payment will be taken into account in the second invoice.

If your matter has been resolved through a settlement agreement, there is usually a contribution included in the agreement towards our fees. Once we have the agreement and have discussed matters with you, we will advise you as to whether the fees are sufficient. On completion of your matter, we will invoice your employer or previous employer for their contribution to your fees (the invoice is usually in your name but marked payable by the company) and we will invoice you separately for anything in excess of the contribution.

For example, if we assist you with a grievance and this involves 10 hours of work, our service fee would be £2,500+VAT. If your grievance is resolved through a settlement agreement, we will typically recover legal fees from your employer, which will be used to offset our service fee. The average legal fees is £500 + VAT. This means that if you receive compensation of £25,000 and your employer pays £500 + VAT towards legal fees, you would pay us £2,000+VAT (£2,400) and you would retain £22,600 of your compensation.

We may charge a different hourly fee in different circumstances. For example, where a client is based in a different legal jurisdiction such as Scotland. This will be discussed with you prior to entering into an agreement with us.

Disbursements

We also charge for payments we make on your behalf or are liable to make to third parties. These are shown as “Disbursements paid” on our invoices.

The circumstances where we would charge you disbursements are where your case proceeds to a tribunal and you agree for us to instruct a barrister under our license access. We would pay the barrister’s fees and claim these back from you. In the event that your claim proceeds to a tribunal we would pay the administration costs (namely, printing and photocopying costs) associated with creating your tribunal bundles. This cost will be claimed back from you. Any disbursements will be agreed with you beforehand and you will not incur any costs unless you expressly agree to them.

VAT

VAT is charged at the rate applicable at the date of the invoice.

Fixed price

We often give fixed prices for a particular project. If we believe it is appropriate to charge through a fixed price, we will discuss this with you and agree a fixed price before commencing the work. We will confirm the fixed price and payment terms in writing at the start of the project. Our fixed price will be calculated with reference to an hourly rate for the project.

In certain cases we may agree a service fee, which consists of a fixed fee for the work we complete and a percentage of an increase in redress payment that we achieve for you. For example, if the payment you were initially offered was £20,000 and we increase this to £30,000 we would charge the fixed fee, in addition to a percentage of the £10,000 increase. The percentage will be based on the complexity and value of your case. The fixed fee under this model would include any work carried out to reach the settlement (analysis of paperwork, research, communication with your employer and settlement drafting). This will be discussed with you prior to entering into an agreement with us.

Time for payment

Invoices are payable within fourteen days of their date. If the matter is on going, you will be billed once a month for work completed in that month. Otherwise, you will receive an invoice on completion of the matter.

If the invoice is not paid, we will send a statement requesting immediate payment. If you do not pay, we will not carry out any further work for you and charge interest at 10% per year on the full amount of the account (including VAT) from one month from the date of the invoice. You are welcome at any time to ask how much our charges are to date.

Increase in charges

You have been informed of the current charging rates above. Rates are normally reviewed upwards on 1st January each year.

Our guarantees

  • To treat your matter with complete confidentiality.
  • To ensure that you understand, step by step, the progress of our work, or the operation of any particular document or policy we design for you.
  • To discuss both costs and time with you at the earliest moment and as the matter progresses.

Your commitment

  • To co-operate with Employease in progressing the matter we are handling for you.
  • To pay our fees promptly as and when they are due.

Communication

We will keep you informed of the progress of the matter on a regular basis. You are welcome to telephone or write to us to ask for a progress report. If the person handling the matter is unavailable, please feel free to speak to her colleague who will usually be able to answer your question or arrange for her to call you back.

If the person handling the matter requests information or requires instructions from you, we would request that you respond as promptly as you are able. If you delay providing the information or instructions requested, you may jeopardise the progress of the matter.

Complaints

If you have any complaint regarding the progress or handling of your matter, please raise them with Julie Calleux of Employease in writing. We commit to:

  • dealing with complaints promptly;
  • arranging a discussion with you;
  •  investigating the complaint and providing a written response.
  • Our full complaints procedure is attached to this letter.

Cooling off period

We operate a 14 days cooling off period. What this means is that you have 14 days from receipt of these terms of business to change your mind about appointing us without incurring any cancellation fees. If you would like to change your mind, please let us know in writing and we will not commence work on your behalf.

Employees often have to act within a short deadline imposed by their employers. Consequently it is often in your best interest for us to carry out work within the 14 days cooling off period.

Signing the enclosed consent form amounts to an express request for us to provide you with our services within the 14 day cooling off period. Please note that you will lose your right to cancel the agreement within 14 days without incurring a cancellation fees liability. If you exercise your right to cancel within 14 days we will charge you the value of the work that we have undertaken up to the point that you cancel at a charge of £250+VAT per hour. Please do not sign the consent form if do not wish for us to provide our services within the 14 day cancellation period.

Cancellation

If you decide that you do not want to proceed with our services you can cancel your contract by any reasonable means at any time. You can complete the cancellation notice provided with this agreement and return it to us.

If you exercise your right to cancel, we will charge you the value of the work that we have undertaken up to the point that you cancel at a charge of £250+VAT per hour.

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, post and email.

Contact details

The name of the person handling the matter is Amanda Galashan. Employease: The Employment Practice Ltd is a limited company. Our address for correspondence is:

Employease: The Employment Practice Ltd

1 Fetter Lane

London EC4A 1BR

 

Our Registered office address is:

202 Grangewood House, Oakwood Hill, Loughton, Essex IG10 3TZ.

Our registered company number is: 2931940

Telephone number: 0845 123 3741

Email: [email protected]

Employease: The Employment Practice Ltd is regulated by the Claims Management Regulator, Authorisation Number CRM22837, in respect of regulated claims management activities.

If you wish to accept these terms of business, please sign and date where indicated below. Please return the signed and dated terms to the address for correspondence above or scan and email it to [email protected]

 

Client signature:………………………………………………………

Client name:……………………………………………………………

Date:………………………………………………………………………

 

Cancellation Notice

To: Employease: The Employment Practice Ltd, 1 Fetter Lane, London, EC4A 1BR, Tel: 0845 1233 741, Email: [email protected]

 

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

 

Ordered on [*]/ received on [*]

 

Name of consumers:

Address of consumers:

 

 

Signature of consumers (only if this form is notified on paper):

 

Date:

[*]Delete as appropriate

 

 

COMPLAINTS PROCEDURE

We want to give you the best possible service. However, if at any point you become unhappy with the service we have provided to you or you have concerns about your bill then you should inform us immediately so that we can do our best to resolve the problem for you.

We have a procedure in place which details how we handle complaints which is set out below. We have eight weeks to consider your complaint. If we are unable to help you, then you can have the complaint independently looked at by the Legal Ombudsman.

The Legal Ombudsman can investigate complaints up to six years from the date of the problem happening or within three years of when you found out about the problem. If you wish to refer your complaint to the Legal Ombudsman this must be done within six months of our final response to your complaint. The contact details for the Legal Ombudsman are set out below at the end of the complaint procedure below. Do not send original documents to the Legal Ombudsman.

The procedure:

  1. A complaint shall be defined as any written expression of dissatisfaction, whether justified or not, from or on behalf of any person receiving advice through Employease: The Employment Practice Limited (“Employease”), whether about our provision of a regulated claims management service or otherwise.
  2. A complaint may be made by any reasonable means. Such means will include, but are not limited to: in person, telephone, letter or e-mail.
  3. All complaints will be investigated by Julie Calleux, who is a person of sufficient competence. Where Julie Calleux was herself directly involved in the matter which is the subject of the complaint, Employease may appoint Amanda Galashan who is of sufficient competence to investigate.
  4. All complaints will be responded to formally and in writing. Such response will adequately address the subject matter of the complaints.
  5. The person charged with responding to the complaints shall have the authority to settle complaints and, in appropriate cases, to offer redress.
  6. Where Employease decides that redress is appropriate, such redress will not be by way of financial compensation unless there is a legal entitlement to such compensation.
  7. Employease shall not consider any complaint that is made more than six months after the complainant became aware of the cause of the complaint.
  8. All complaints will be acknowledged in writing (which may include an electronic acknowledgement) within five business days of receipt. Such acknowledgement will provide the name or job title of the individual handling the complaint, together with details of Employease’s internal complaints handling procedures.
  9. Employease, will, within eight weeks of receiving a complaint, send the complainant either:
  10. a) A final response which will inform the complainant that s/he can complain to the Legal Ombudsman, the timeframe for doing so and full contact details for the Legal Ombudsman; or
  11. b) A response which:
  12. Explains that the company is still not in a position to make a final response, gives reasons for the further delay and indicates when it will expect to be able to provide a final response; and
  13. Informs the complainant that s/he may refer the handling of the complaint to the Legal Ombudsman, the timeframe for doing so and full contact details of the Legal Ombudsman.
  14. Employease will provide a copy of the complaints procedure with its terms of business to potential clients, publish details of its internal complaints handling procedures on its website, supply a copy on request to a complainant and supply a copy automatically to the complainant when it receives a complaint.
  15. Employease will maintain records, and provide to the Regulator, on request, details of all complaints handled under these rules.
  16. Julie Calleux’s and Amanda Galashan’s address for correspondence is:

1 Fetter Lane

London

EC4A 1BR

Our registered office address is:

202 Grangewood House

Oakwood Hill

Loughton

Essex IG10 3TZ

Our registered company number is: 2931940

Telephone number: 0845 123 3741

Email: [email protected] or [email protected]

Employease: The Employment Practice Ltd is regulated by the Claims Management Regulator, Authorisation Number CRM22837, in respect of regulated claims management activities; its registration is recorded on the website http://www.justice.gov.uk/claims-regulation

As you will have seen above, if we are unable to help you, you can refer your complaint to the Legal Ombudsman. If you wish to refer your complaint to the Legal Ombudsman this should be done within six months of the date of the letter setting out our final response to your complaint. The contact details for the Legal Ombudsman are:

Web: www.legalombudsman.org.uk/cmc

Tel: 0300 555 0333 between 8.30am and 5.30pm (03 numbers should cost no more than calls to national geographic numbers).

Email: [email protected]

Legal Ombudsman

POBox 6804

Wolverhampton

WV1 9WG

You can also use: http://ec.europa.eu/odr to make a complaint and our email address is [email protected]