At Simpson Millar, we have different hourly rates depending on the experience of each lawyer. If you have a transaction offer on the table, you can get advice from one of our work lawyers. But if you think your employer`s offer of comparative agreements doesn`t meet your expectations, one of our work lawyers can work to negotiate an improved billing package. After receiving the signed contracts, we complete the advice certificate and send the two contracts with our invoice to your employer/former employer, who then resigns us to a copy of the fully executed contract and returns them to us. Upon receipt, we will take a copy and send you the original for preservation. This issue was also addressed by the EHRC in its October 2019 guide, The Application of Confidentiality Agreements in Cases of Discrimination. It is clear from the EHRC guidelines that the employer should bear the reasonable costs of advising a worker on a transaction contract “the amount of which varies depending on the circumstances, but should be discussed with the worker`s advisor.” You may need to order us to negotiate on your behalf, and it may cost more, but we will try to agree on these additional fees as part of your billing package. If you follow this approach, we generally do not need to increase our fees. We advise you in the background and help you negotiate a better deal. This means you still don`t have a fee.
Staff fees for independent legal advice on a transaction contract are usually paid by the employer. As a general rule, the only time this practice is ever called into question by the employer is when negotiations collapse and no transaction contract is ever entered into. In these circumstances, there is no legal obligation for the employer to pay the legal fees. The “Use of Non-Disclosure Agreements in Discrimination Cases” report, published on June 11, 2019 by the House of Commons Committee on Women and Equal Opportunity, recommended that the employer pay the legal fees of Derene workers for the board as part of a transaction contract, whether or not the transaction contract is finally concluded. However, this recommendation was rejected by the government in its response to the October 29, 2019 report. In its response, the government stated: “Employers often pay for the independent legal advice a person receives before a settlement agreement and we believe that employers should make an adequate contribution. However, it would be incorrect or feasible for the government to impose the parameters of this payment, as it may vary depending on the geographic location, case, legal availability and client requirements. The question of the amount of legal fees offered is relevant to the adequacy of the complainant`s behaviour and, therefore, to the awarding costs. Therefore, employers will no doubt argue that the EAT`s comments were specific to the context of each litigation and do not directly affect the appropriate level of the bar`s contribution to a transaction contract outside the scope of litigation. What`s going on — if your employer has offered you a settlement contract and you are looking for a lawyer who gives formal advice and makes sure everything is fine and everything is in order, then we can help.
Sometimes we may not be able to offer a “No no-fee increase.” Perhaps it is because we do not think there is a good chance of negotiating a higher settlement. The employment team has extensive experience in the work of employers and workers with respect to transaction agreements. For more information, please contact Nick Rowe on 01242 229096 or by email. In this case, the employee was offered a transaction of $50,000, plus $500 $US VAT for legal advice.