Support and guidance from the best in the business

Transcription

1 the professional S first ChoiCe Support and guidance from the best in the business employment tribunals

2 employment tribunals take advice from the experts Croner win over 85% of the cases we take to tribunal Croner WinS over 85% of the CaSeS We take to tribunal it is inevitable that if you employ people, sooner or later you will have to deal with an employment tribunal; and if you employ many people, you will have to manage tribunals every year, but very few organisations can justify the expense of full time specialist employment lawyers. Croner is able to work with organisations large and small to effectively deal with employment claims. We deal with hr and legal teams to deliver a good value, high quality service and also with line managers to guide them through the complexities of the law keeping our plain english advice simple and straightforward. We have a consistent, national presence and consultants in every part of the uk to ensure local knowledge and service delivery. as one of the largest providers in the uk, we handle around 2,000 claims each year and win over 85% of cases that go to a tribunal. outstanding ServiCe that Won t CoSt the earth With our specialist, dedicated consultants on the case you will have the best experts defending your reputation and your budget. We offer affordable, competitive, good value solutions to suit your requirements. A large retailer sought to reduce their legal spend on employment tribunal cases and Croner were able to offer an equivalent service to their previous top-10 law firm provider at around 50% of the cost, saving the client tens of thousands of pounds every year.

3 Why choose us? in short, for our expertise and the level of service we offer. our clients regularly increase the number of cases they want us to handle for them, year after year, testament to the quality of our work. With extensive experience and a truly specialist service, we take ownership of each case from start to finish so that you are fully supported throughout. We offer: 1. an end-to-end service including preparation of all documentation and full representation at employment tribunals and appeals 2. a dedicated consultant who will provide a tailored and personal approach across cases and company sites 3. consultants whose expertise is focused solely on employment tribunal work. What Will We do for you? on receipt of an application, we will allocate the case based on several factors, including the nature of the case and the geographical location. our national network of tribunal consultants are all trained by a mentoring process, with all our training accredited by the law Society. We also pride ourselves on our practical, problem-solving, plain english approach to our work. Work prior to hearing We will discuss with you the grounds for resistance and enter a notice of appearance in the relevant time limit. We will provide an assessment of how the case should be handled and discuss with you the prospects of success. this will include the impact of the case and consider strategies in line with your company objectives. if there is a weakness in the case, we will advise swiftly and help you obtain good commercial resolutions to save costs and prevent any adverse publicity. if you decide to go ahead with the tribunal we will undertake witness interviews and obtain relevant documents. the hearing We will liaise with acas, the employment tribunal Service and other parties in relation to the conduct of the case and attend and represent you at any hearings. after the hearing after the hearing we will consider and advise on the prospects of successful appeal if necessary. Where there are reasonable prospects for success, we will conduct appeals in the employment appeal tribunal. after the case, you will be offered a review highlighting any learning points and ways to avoid further claims and you will be invited to provide feedback on our service once the case is concluded. A company with branches around the UK was using various legal firms to deliver service in each area with differing fee rates, invoicing, contacts and service levels. By moving their business to Croner they reduced the complexity of dealing with such cases and have a single point of contact, invoicing and consistency of service, whilst keeping a locally based representative on their cases.

4 payment options the employment tribunal process can be time consuming and costly. Croner is able to offer a cost-effective range of payment options to suit your requirements, thanks to our local presence and the size of our team. hourly rates We are able to offer an extremely competitive hourly rate. if you are looking for a quick resolution to a dispute, this may be the best solution for you. fixed fee: ad hoc or 3-Stage process Ad hoc: the charge is based on the complexity of the case and is suitable for the every day cases that a business is likely to face, for example, unfair dismissal, breach of contract or unlawful deduction. our initial fee will be invoiced as fixed fee on receipt of papers and you will be advised of the additional daily charges and costs that may arise on completion. insured products legal expenses insurance relating to employment dispute representation and awards can protect your organisation from the costs and potentially devastating financial payouts of tribunals. in today s active compensation culture it is becoming more important than ever to have this kind of protection, and a regular monthly premium allows you to get on with running your organisation knowing that you are covered. Many of Croner s employment solutions include legal expenses insurance. alternatively, you can take out specific legal expenses insurance through Croner. one of our clients was faced with a claim for equal pay, sex discrimination and unfair dismissal. Croner got the majority of the complaints struck out and despite there being no grounds to contest the unfair dismissal claim, got compensation reduced to just stage process: Suitable if you have a large number of cases, please contact us to discuss this payment option in further detail. We will be happy to help outline the best arrangement to meet your requirements.

5 other litigationrelated services WitneSS familiarisation training employment tribunals commonly cause anxiety for those involved. to ease these concerns, Croner have developed a specialist preparation day of Witness familiarisation training. the course has two key objectives to provide: 1. an understanding of the employment tribunal process 2. a guide to being a witness at an employment tribunal. the day is recommended for anyone who has not previously given evidence at an employment tribunal or who may be feeling nervous about the prospect of doing so. What will be covered during the day? our experts offer a complete overview of employment tribunal proceedings and outline coping strategies for witnesses, with the opportunity to put these strategies into practice with role-play. this will help witnesses give evidence effectively and maximise the prospects of success. this course can be arranged at your company premises or off-site. CoMproMiSe agreements however well you run your business and manage your staff, there may be times when it is right to part company with an employee: and this is when you need protection from the risk of an employment tribunal. the only way to protect yourself is by coming to a form of legally binding agreement with the employee called a compromise agreement. What is a CoMproMiSe agreement? this usually means the employee agrees to leave the business in consideration for payment of a financial settlement or on other terms. it is vital that such agreements are drawn up in the proper way and that all the required legal safeguards are in place. if this is not done, the employee can take the settlement money and still go to an employment tribunal. how Can Croner help? We deal with such cases every day and can guide you through the process and ensure your position is as watertight as possible. peace of Mind and expertise our team specialises in employment law and employment tribunals and is on hand whenever you need to deal with a compromise. We will ensure that your legal documentation meets the requirements of the employment rights act 1996 and other relevant legislation. managers from a major UK retailer recently attended one of our Witness familiarisation courses and provided some feedback: The course met my expectations in every way. i feel better equipped for a Tribunal. i have some facts that i can coach my team with. it was great to spend time with knowledgeable tutors in a safe environment and to be able to ask as many questions as i wanted.

6 life cycle of a case AppEAl ET papers received review AppoinT ConSUlTAnT hearing employment tribunal prepare ET3 prepare WiTnESSES for hearing visit CliEnT WiTnESS STATEmEnTS SETTlE? AdviSE on prospects of SUCCESS

7 Sample service level agreement STEp ACTiviTy TimElinE responsibility ConTACT 1 Client sends Claim form (ET1) and covering letter (ET2) to litigation department 2 working days from receipt of et1 / et2 by Client head office* Client Client: head office 2 Claims department responds to Client s claim form in writing to confirm their insurance position 2 working days from receipt of et1 / et2 by Croner Croner Croner: Claims department 3 litigation department allocates case to Consultant and informs Client in writing 2 working days after initial insurance position has been confirmed Croner Croner: litigation department 4 Consultant contacts Client to take instructions re claim and agree content of response (ET3) Content of et3 to be agreed 5 working days before et3 is due unless otherwise agreed* Client head office to be copied in on draft prior to submission Client / Croner Client: Contact 5 Consultant files agreed ET3 by deadline for filing of response Client head office to be sent copy of final version Client / Croner 6 Client supplies copies of all documents relevant to case to Consultant 10 working days after response is filed Client / Croner Client: Contact 7 Consultant advises Client contact of hearing date should also advise Client head office so that group hr can attend 2 working days from receipt of hearing date by Croner Croner 8 Consultant holds preparatory meeting with relevant Client witnesses 25 working days before hearing date** Client / Croner Client: Contact 9 Consultant sends draft bundle to Client contact 20 working days before hearing date** Croner Consultant sends draft statements to Client witnesses for approval Client witnesses approve / amend draft witness statements Consultant sends prospects letter to Client contact Consultant provides a detailed case assessment to the Claims department Claims department confirms final insurance position to Client in writing 20 working days before hearing date** Croner 17 working days before hearing date** Client Client: Contact 15 working days before hearing date** Croner 15 working days before hearing date** Croner 10 working days before hearing date** Croner Croner: Claims department 15 litigation department sends Tribunal decision to Client copies to relevant manager and Client head office 2 working days from receipt of tribunal decision by Croner Croner Croner: litigation department 16 Client makes any payment due and then writes in to request reimbursement from the insurer 1) Within any time limit set by employment tribunal 2) Croner to reimburse within 10 days Client / Croner Client: head office * this will be dependant on tribunal deadlines and the et1 / et2 being received in good time obviously delays can occur due to unforeseen circumstances ** in some cases tribunal directions will bring these deadlines forward in certain other cases (eg those involving alleged deductions from wages only) the timetable will be further compressed

8 Meet the team Head of litigation Andrew Willis Regional litigation managers Amanda Beattie Zuraida Curtis Andrew has worked for Croner since March He qualified as a solicitor in September 2000 and has worked in Employment Law since then, initially in private practice in Birmingham. Since joining Croner he has specialised in employment tribunal litigation, initially as a Consultant and Senior Consultant conducting tribunal cases of all kinds. He became a Regional Litigation Manager in 2007 and in 2009 was appointed Manager of the Department. Prior to studying law, Andrew worked in private industry and for the NHS. Subsequent to graduating from a BSc (Hons) in Psychology, Amanda achieved a Commendation in the Post Graduate Diploma in Law. She was then awarded a Scholarship from the Right Honourable Society of the Inner Temple and went onto complete the Bar Vocational Course, where she was graded Outstanding in Employment Law. Amanda then went into private practice, specialising in employment litigation, where she gained broad experience in all areas of Employment Law for both Claimants and Respondents. A significant proportion of Amanda s practice has always been representing corporate clients and large public bodies and this has continued since she joined Croner. Zuraida first worked for Croner in 2004, re-joining in November After obtaining degrees in both commerce and law, Zuraida worked for a non-profit organisation specialising in Employment Law training and advice. She went on to join one of the leading law firms in South Africa and acquired further litigation and advocacy experience in the UK when she joined an Employment Law consultancy firm. With a proven successful track record in tribunals, Zuraida has a special interest in discrimination law and has also been a part-time lecturer in Employment Law. Desktop team leader Gail Senior Litigation consultants Richard Aireton Ian Ball Gail joined Croner in 1999 as an employment tribunal consultant. She graduated in Law from De Montfort University in 1997 and completed her Legal Practice Course there in Gail then achieved a Masters degree in Law and Industrial Relations. Richard joined Croner in February Prior to this he was a solicitor in private practice for 5 years, specialising in NHS discrimination claims and HR advice and legal expenses insurance. He also handled Tribunal claims for commercial clients and provided HR advice. His particular areas of interest include equal pay and disability discrimination. Ian has worked for Croner since June A graduate of Oxford and Manchester Universities and the University of the West of England, Ian was called to the Bar in 2006 and acquired litigation and advocacy experience in private practice in Bristol. Ian has established himself as a successful advocate in the Employment Tribunals, dealing with all contentious employment matters. A trained mediator and successful negotiator, he has frequently achieved timely and cost-effective out of court settlements for our clients.

9 John Brotherton Reehan Chaudhry Kaushik Chaudhuri John has been with Croner since He qualified as a solicitor by way of the Common Professional Exam at Leeds Metropolitan University and the Legal Practice Course at the University of Sheffield, before undertaking training with a Cambridge practice where he handled employment cases. John then gained extensive experience working for a niche Employment Law consultancy. At Croner John has continued to work with corporate/key clients in all aspects of Employment Law. He is an experienced advocate having undertaken Respondent and Claimant work at tribunals throughout England and in the Employment Appeal Tribunal. Reehan joined Croner in June He was called to the Bar in 2000 and became a Solicitor-Advocate with Higher Rights of Audience in He obtained an LLM in Employment Law in 2007 and has worked for two London local authorities providing expert advice and representation. Prior to this he worked in private practice and undertook pro bono work for the Free Representation Unit. Kaushik has worked for Croner since He had previously worked in private practice and employment consultancy and has six years experience of employment tribunal litigation. He has a particular interest in complex discrimination claims, in particular with multiple co-respondents and public interest disclosure claims, and worked on the Bolton School v. Evans case. Paula Cooke-McManus Richard Crabtree Angela Hardman Paula has worked for Croner since October 2005, after completing her Law with Accounting degree and Legal Practice Course at De Montfort University. She worked for Croner as an Employment Law advisor on the Business Support Helpline, before moving to the Litigation Department in Richard worked for Croner from 2004 to 2008 and then returned again in He has extensive experience in employment litigation which, in addition to Croner, has been gained in the employment departments of various national and regional law firms since He has legal qualifications in both England and Scotland including the LPC from The College of Law, York. Richard has experience in dealing with all types of cases, from shop floor to board level and all types of jurisdiction, from unfair dismissal to equal pay and TUPE. Angela has an LLB Hons from Manchester Metropolitan (2004) and completed the Legal Practice Course at The College of Law in Chester (2006). Angela gained experience in Class Litigation dealing with Equal Pay, TUPE and Unfair Dismissal with Stefan Cross in Newcastle and joined Croner in Angela has experience in dealing with local authority and NHS cases and has conducted a number of cases for key corporate clients while at Croner. Colin Hawgood Zaheed Hussein Katherine Irvine Colin is a qualified HR professional with over 20 years experience. During his career Colin has worked in both the public and private sector, providing advice to both employers and employees regarding their respective legal rights and obligations. Colin has provided practical and relevant advice addressing day-to-day situations and long-term employment strategies and has extensive experience of case preparation and representation in the Employment Tribunal. Colin graduated in 1984 with an Honours Degree in Business Studies and obtained a Diploma in Personnel Management in Zaheed joined Croner in October A graduate of Birmingham University, he achieved an LL.M in Commercial Law and qualified as a solicitor in February In private practice, he acted for both claimants and respondents, before specialising in respondent work. He has a particular interest in healthcare, understanding the extensive regulatory requirements and the daily issues faced by employers. Katherine completed her Law Degree and Diploma in Legal Practice at the University of Aberdeen. She thereafter completed her traineeship and qualified as a Solicitor and Notary Public in Katherine joined Croner in 2011, having gained a wealth of advisory, negotiation and litigation advocacy experience in private practice. She has experience of all aspects of civil and criminal litigation, including employment law claims (both claimant and respondent work), and has provided numerous training seminars to colleagues and clients. She is also a part-time tutor on the Diploma in Legal Practice course at Stirling University teaching in Professional Ethics and Employment Law.

10 Graeme Lomas William Mackenzie Cheryl Moore Graeme worked in the personnel sector in Education before moving to Croner Publishing as an Editor. He then joined a consultancy firm where he gained litigation experience. Graeme then re-joined Croner and has worked in the Litigation Department since 2003, before which time he was an associate for two years. Graeme has a Master s Degree in Law and Employment Relations and is also CIPD qualified. William qualified as a Solicitor Advocate in July 2006 and as a Solicitor Advocate in October Between 2006 and 2009, William worked for McKeowns solicitors specialising in Employment Law, dealing with clients in the insurance sector and high value claims in the banking sector. William joined Croner in September 2009 and has conducted cases for a number of key corporate clients. Cheryl joined Croner in November She was called to the Bar in October 2006 and specialised in Employment Law during Bar school. She has vast experience dealing with all manner of claims, including complex protective award claims. She is particularly interested in disability discrimination. Michael O Connor Wendy Parker Kevin Plaskitt Michael has worked for Croner since Prior to this he spent six years as a Legal Editor with Croner in the 1980 s, eight years as Head of Employment Law and Employee Relations with the Confederation of British Industry and nine years as an Employment Consultant. He has an LL.B (Hons), is a Member of the Chartered Institute of Personnel & Development and a Member of the Employment Tribunals, sitting as a lay member at the London South and Ashford Tribunals. Wendy joined the Croner Litigation team in September She qualified as a Solicitor in 1992 and following some time in private practice joined the IRPC Employment and Personnel Consultancy in Having initially combined litigation work with employment consultancy services and advisory work, she now concentrates solely on Litigation and is a member of the Desktop team. Kevin has worked for Croner since April He has over 30 years experience in employment litigation, mainly working as part of an in-house team for the British Railways Board and Abbey National Plc. Kevin is an Associate of the Institute Of Legal Executives and is experienced in most types of litigation. Louisa-Jane Vance Louisa-Jane Vance has worked for Croner since April She has a BA (Hons) in Government & Law/ MA Administrative and Legal Studies and PG Dip in Human Resource Management. Her experience includes being an HR consultant and recruitment consultant.

11 Contact the best in the business today T: E: wolterskluwer.co.uk Wolters kluwer (uk) ltd is authorised and regulated by the Wolters kluwer (uk) ltd is authorised and regulated by the financial Services authority for general insurance business. financial Services authority for general insurance business. Wolters kluwer (uk) ltd, registered in england no , Wolters kluwer (uk) ltd, registered in england no , is a member of the Wolters kluwer group. Croner is a trading is member of the Wolters kluwer group. Croner is trading name of Wolters kluwer (uk) ltd. name of Wolters kluwer (uk) ltd. registered office: 145 london rd, kingston upon thames, registered office: 145 london rd, kingston upon thames, Surrey, kt2 6Sr. Surrey, kt2 6Sr. april 2012 april 2012