Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Tribunals - employer wins record £100,000 costs
Employees who lose tribunal claims
rarely have to pay costs. But one has just been ordered to hand her
former employer £100,000. What happened?
Over and out. When P Investments lost
over £250,000, employee Debbie Smith was sacked from her position as
managing director. But instead of going quietly, she launched a tribunal
claim against her former employer for discrimination and victimisation.
Ms Smith alleged that she had, in fact, been forced out of her senior
position following “a stream of offensive and derogatory comments”. This
included her boss, Tim Watts, apparently calling her a “sexy nurse”.
Taking a stand. Apart from being
her manager at the time, Mr Watts was – and still is – the owner of
PerTemps, the parent company of P Investments. Incensed by Ms Smith’s
“litany of lies”, he opted to fight her all the way through the
tribunal. His tactics paid off when late last year it dismissed her
claim branding it a “waste of time”. This decision strengthened Mr
Watt’s resolve to fight for costs.
New record. There’s usually a
cap of £10,000 on costs at the tribunal and they’re rarely awarded to
winning employers. In fact, from April 1 2009 to March 21 2010 this only
happened 324 times and the median award was £1,000. It looked like an
uphill struggle. However, Mr Watts has just secured another victory:
he’s been awarded £100,000 – an unprecedented costs order against an
employee. How did he do it?
Assessed. Where the tribunal
rules that a case is false or malicious, it can opt to ignore the cap.
It then considers the employer’s costs down to the last penny via a
process called detailed assessment. That’s exactly what happened here.
Tip. If an employee threatens
you with a claim, or you receive one, always put them on notice that you
reserve the right to seek a tribunal costs order. That should focus the
mind of anyone who tries it on.
Where the tribunal decides that an
employee’s allegations are false or malicious, it can assess their
employer’s costs down to the last penny. If you’re ever threatened with a
claim, warn that you will see costs.
“Tips & Advice” 2.9.201
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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