TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) is a key piece of legislation designed to protect the terms and conditions of employees when a business, or part of a business, is transferred or sold.
Under TUPE, employees transfer to a new employer along with their existing employment terms and conditions. Length of service of employment should also be preserved. A transfer under TUPE can be a worrying process for employees and you should make sure that you know your rights. We can provide you with expert advice on all aspects of a TUPE transfer to help you secure the best possible outcome.
The TUPE legislation is designed to protect the interests of employees on a transfer of their employment. However, this does not always reflect the reality of the situation when an employee does not wish to transfer to a new employer as a result of TUPE.You do not have to transfer to the new employer. You have the option to object to the transfer. However, this could leave you in a worse position if not handled properly where you lose all of your rights. A more strategic challenge to a TUPE transfer could improve your position in terms of a severance package. We can provide advice on this.
The TUPE legislation prevents your new employer from changing your terms and conditions of employment to harmonise its workforce. Even if you agree to any such changes and are incentivised to do so, this can be challenged at a later stage.Terms of employment cannot be changed if the TUPE transfer is the only reason for change. Your employer may claim that there are other reasons for such changes. We can advise you on this and on your rights in a TUPE transfer situation.
The law protects you from being made redundant because of or in connection with a TUPE transfer. We can support you if you are facing dismissal at the time of a TUPE transfer or after the transfer has taken place.
When a TUPE transfer is planned, your employer should appoint appropriate representatives such as trade union representatives or elected employees to run an information and consultation process. You should receive information about when and why the transfer will occur and any implications to your employment going forward such as a change of location, for example. Your new employer should provide this information to your current employer so that it can be provided to you.A failure by an employer to inform and consult with employees on a TUPE transfer could result in compensation for each employee affected by this.
Vardags has decades of experience working on high value employment disputes, obtaining the very best results both in and out of the courts and tribunal for individuals and companies.
Our service is Director-led and specifically tailored to your circumstances and needs.
We specialise in handling complex and high-value employment issues and claims on behalf of, or involving, directors, shareholders, executives, senior management and employees. Many of our cases involve both High Court litigation and employment tribunals, for example, where there are issues of shareholder prejudice. We also have considerable experience in acting for clients involved in serious cases of sexual or other harassment; discrimination cases; and those involving whistle-blowing.
We support and guide employers, from SMEs to public companies, through business reorganisations, including transfer of undertakings, redundancies and mergers. Our aim is to keep our clients out of the courts, but where this is not possible, we provide representation at the High Court and employment tribunals.
Frank Ryan, Director and Supervisor
Caroline Graham, Consultant
The team is also assisted by trainee solicitors, who normally spend three to six months in the employment department as part of their general training.
Where your employment matter becomes contentious, the scope of our work normally includes:
Frank Ryan has successfully mediated many claims, resolving them through negotiation and agreement and. However, it is still possible that a matter may require at a final hearing. Normally, costs are not awarded to either party in employment tribunal proceedings, and therefore it is necessary for a careful assessment of the net returns a claimant may recover.
Subject to our standard terms and conditions of business, our legal fees are calculated by reference, among other things, to the total amount of time spent on a case. Charges are made for telephone calls, outgoing letters and emails, consideration of documentation addressing tactics and case planning, meetings and general preparation and pursuit of a claim.
Partners - £450 per hour.
Consultant - £450 per hour.
Assistant Solicitor - £275 per hour.
Trainee solicitors - £205-245 per hour.
The above legal fee charges will be subject to VAT at the current rate of 20% (where applicable) and also subject to modification on 1st April annually.
We will be able to provide an estimate of overall costs once we have received sufficient information. The amount of work involved in each case will depend on the facts and issues, as well as the level of support required by the client and the agreed strategy.
Where there are related civil proceedings, we would need to provide a separate quotation for this work since it would not be covered as part of the pricing estimate for our fees discussed above. An example where this could arise is if there is a petition alleging shareholder prejudice. The quotation would be given at the time so you are aware of all the relevant costs for the related matters. Illustrative Range of Fees
As a general guide, the overall costs of bringing or defending claims for wrongful or unfair dismissal (excluding the fees for barristers and any expert witnesses) are:
• A standard case of medium complexity £50,000 to £100,000 plus VAT.
• A complex case £100,000 to £150,000 plus VAT.
The overall costs of a case may be higher or lower than the above figures depending on a variety of factors, such as:
Cases can be further complicated in situations where:
Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Employment tribunals do not currently have fees, although there are court fees if action has to be brought in the civil courts as well.
Barristers’ fees depend on the level of experience (or “call”) of the barrister appointed. We will seek to agree fees with you and the barrister’s clerk before they are incurred. However, please note that third party expenses (barristers’ fees and experts’ fees for independent medical evidence or material related to employment prospects or to engage in private or judicial mediation) must be covered by the client in advance of liability for the fees being incurred.
A junior barrister of between two and ten years’ call appearing at a preliminary hearing of up to two hours could charge fees in the range of £750 to £2,000 plus VAT.
A final hearing may take between three and ten days depending on the complexity of the issues and number of witnesses called. A senior barrister of 15 years’ call (a “senior junior”) at a three day final hearing could charge a brief fee for trial preparation and day one of the trial of £7,500 - £10,000, with additional refresher fees for days two and three of the trial of £2,500 to £3,000, again plus VAT. A senior barrister of 15 years’ call at a ten day final hearing could charge a brief fee for trial preparation and day one of the trial of £25,000 to £30,000, with additional refresher fees of £2,500 to £3,000 for subsequent days, again plus VAT.
Engaging a more junior counsel for a three day final hearing might charge a brief fee of £3,500 to £6,000 with additional refresher fees of £1,000 to £2,000 for subsequent days, again plus VAT. More junior counsel engaged for a ten day final hearing might charge a brief fee of £10,000 to £20,000, with additional refresher fees of £1,000 to £2,000 plus VAT for subsequent days.
If the instruction of an expert is required to provide evidence in any particular field(s), a fee would be payable for their time. Experts’ fees largely depend on the nature of their instruction and the facts of the case, it is therefore difficult to estimate these at the outset.
If it appears that mediation or adjudication may assist in resolving your matter, and both parties agree, a fee would be payable for the mediator’s / adjudicator’s time. These fees are normally split between both parties and are usually in the region of £1,000 - £1,500 plus VAT for half a day, and £2,000 - £3,500 plus VAT for a full day, however, they can be higher. You must also bear in mind that it is sometimes possible that a barrister may need to attend a mediation /adjudication in particularly complex cases or where your opponents are insisting on Counsel attending (although we frequently attend mediations without Counsel). Their fees could range from £1,000 up to £7,500 plus VAT, depending on their level of call.
VAT if applicable would be charged at the current rate of 20%.
In appropriate cases, and only when acting for a claimant, we may be prepared to consider acting on a Damages Based Agreement, details of which can be supplied by us in cases that we consider appropriate.
The length of time required to complete an employment claim depends on whether the matter is resolved by agreement or if it proceeds to a hearing. Negotiations for settlement can take place at any time and we advocate the use of private mediation in appropriate cases.
The time limit for bringing claims is normally three months from the date of the dismissal or other act that forms the basis of a claim, plus four to six weeks to allow for early conciliation. Early conciliation must be started within three months and involve any relevant potential respondent(s).
If a case is not settled through early conciliation or negotiation, the employment tribunal process is likely to take between 6 to 12 months to complete. This is only an estimate and we will of course be able to provide a more accurate timescale once the matter progresses and we have more information.
The timeframe in which your matter is concluded will also depend on the timeliness of responses from the employment tribunal, which can be affected by their capacity at any given time.
If proceedings are not necessary, many employment disputes can be resolved quickly, sometimes in a matter of a few weeks or a couple of months.
We offer a free consultation to qualifying individuals. Please call our confidential enquiry line on 020 7404 9390. Lines are staffed 24 hours.
When you contact us a member of our client relations team will take the full details of your situation, assess whether we can assist you, and if so, determine the best team for your case.
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