Employment Law in Practice
We would recommend that you select an employment solicitor who specialises in employment law, not only for employees but also for employers. It is a useful exercise for the employment solicitor to have an understanding of acting on both sides. If you are an employee, you are clearly on a tighter budget than your employer, so working with an employment law firm that solely concentrates on respondent (employer) work will mean that their billing structure is such that your pocket has to be as deep as your employers. Commercial law firms that work for respondents usually have higher overheads, with high cost offices - these are all paid ultimately by their clients.
The add value that employment solicitors can provide is a thorough understanding of the law and procedure and also having the commercial savvy to negotiate an appropriate settlement. It is crucial for you that they act in your best interests, especially in employment claims. As costs are not generally awarded to the winning party, there has to be a continuing cost benefit analysis at every stage and at every opportunity of settlement. There is no point going all the way to a hearing at the Employment Tribunal, if the Employer has offered significant compensation to settle the matter at an earlier stage. The extra money made by reaching a hearing can be easily eaten by the increasing legal fees, tax issues. Going all the way to a hearing also means you face the risk of losing.
You should try to work out from the first meeting if the employment solicitor believes that the matter is more likely to settle or their view is that it would be resolved at a hearing.
The client - employment solicitor relationship is a collaborative one, and you should feel comfortable with your employment solicitor. The whole process by its very nature is a stressful one, so it is crucial that you have a good relationship with your employment solicitor.
Another significant factor that is not apparent at the first meeting, without some experience of handling these disputes, is the quality of barristers that the law firm normally instructs. Some smaller practices or ones who use insurance will represent you in front of the Employment Tribunal themselves, or use very junior barristers who are still training or have only been qualified for a short time. If your claim is for a relatively small amount or very straightforward this can be a good idea. However, if your claim is more complex or for a significant sum, it is worth getting a barrister, who is a lawyer who specializes in appearing before a judge, to draft your claim and represent you at the hearing. At Stone Joseph, we generally use top rated employment chambers and barristers who are reputed to be "stars of the bar".
Most clients are nervous as to the costs of contacting an employment solicitor and the costs of pursuing a claim. Stone Joseph believes that it is good practice to provide a consultation by telephone first before you become our client. We have a policy that we will only take on cases where we believe that you will receive significant compensation, after you have paid for the legal costs. It's always the money and not the principle and you should be advised if your case is not cost effective.