Employment Litigation
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Advocating for Your Rights and Fair Treatment in the Workplace and Helping You Get the Resolution That You Seek.
Welcome to Ricci & Partners, a dedicated employment law firm committed to supporting and empowering employees with their workplace rights. With years of experience, our team of skilled lawyers are here to provide you with the legal guidance and representation you deserve. We are passionate about fighting for justice and ensuring fair treatment for all employees.
We specialise in various areas of employment law, including discrimination, harassment, wrongful, constructive and unfair dismissal, wage and holiday pay disputes, family rights, whistleblowing detriment, and more. Our extensive knowledge and practical experience allow us to tackle complex cases and pursue favourable outcomes for our clients.
We can help with:
- Conducting thorough evaluations of your case to determine the best course of action
- Providing legal advice and guidance on your employee rights and options
- Approaching your employer and negotiating an exit or settlement on your behalf;
- Issuing you a claim at an Employment Tribunal and supporting you throughout the process;
- Representing you in mediation or court proceedings.
Expertise in Employment Law
We possess in-depth knowledge of the legal landscape surrounding employment rights and obligations which means that we can always find a solution. Our experience includes issuing claims against large PLC companies, Small and Medium Businesses, Banks, Charities, Education Providers and various Government Bodies.
Tailored Strategies for Your Situation
Every employment scenario is unique. We take the time to understand your specific employment circumstances and the nuances of your employment relationships. This enables us to formulate a personalised litigation and negotiation strategy that aligns with your goals.
Maximising Your Compensation
Our primary objective is to secure the most advantageous compensation for you. That is why most of the cases we undertake are funded by way of a no win no fee agreement.
Frequently Asked Questions
How we can help?
We can approach your employer on your behalf and propose the terms for the termination of your employment.
If your employer does not wish to engage, then we can support you in issuing your claim at the employment tribunal, negotiate through ACAS or support you if you wish to do so yourself and assist you through litigation.
Why should I choose you to represent me?
It is simple. We are good at what we do.
We are compassionate in our approach and are honest.
We have extensive knowledge and experience in employment law and apply innovative approach to each case.
We fight your corner and have a strong track record of successful outcomes for our clients even where other law firms advised our clients before they came to us that they have no case.
Dedicated solicitor. You will be dealing with one person who has conduct of your case, rather than be passed on between different fee earners.
Transparent communication and regular case updates.
Transparent pricing and different methods of funding your case.
What is ‘without prejudice’
A “without prejudice” conversation is a legal term used to describe a type of communication between parties involved in a dispute or potential legal claim. The purpose of these discussions is to encourage open and honest dialogue with the goal of reaching a settlement, without the fear that anything said during the conversation will be used against the speaker in future legal proceedings.
Key characteristics of “without prejudice” conversations include:
Confidentiality: Statements made during without prejudice discussions are considered confidential and cannot be disclosed to the court or other parties in the event that the dispute escalates into litigation.
Legal Protection: The without prejudice rule is designed to promote settlement negotiations by allowing parties to speak freely about their positions, without the risk that these statements will be used as evidence against them in court.
Settlement Discussions: Without prejudice communications often occur in the context of settlement discussions. Parties may explore various options and compromises without the fear that their statements will be later used against them if an agreement is not reached.
Exceptions: It’s important to note that not all conversations labeled as “without prejudice” are automatically protected. For the protection to apply, there must be a genuine attempt to settle a dispute. If there is no dispute or if the communication is not a bona fide attempt to reach a resolution, the without prejudice protection may not apply.
“Without prejudice” discussions are a valuable tool in alternative dispute resolution processes, such as mediation or negotiation, allowing parties to explore solutions without the fear of prejudicing their legal positions. It’s essential to consult with legal professionals to understand the specific implications and requirements of without prejudice communications in your jurisdiction and circumstances.
What is negotiated exit?
A negotiated exit means that instead of resigning from your employment, you, or the solicitor you instruct, approaches your employer to agree mutual terms for your departure from the business. Such conversation would be on a without prejudice basis and confidential. You can approach your employer, on a without prejudice basis at any time and propose exit terms yourself. However negotiating the terms of the exit and of a subsequent settlement agreement can be a daunting prospect for some people, especially where relationship is already difficult.
That is where we can help. We can provide you with the necessary support if you wish to do so yourself, or approach your employer on your behalf.
What are the advantages of negotiated exit?
A negotiated exit can be an excellent way to resolve a dispute with your employer and move on to new endeavours without suffering a loss.
If you decide to resign from your employment and then claim compensation, it is usually more difficult to negotiate a settlement. This is because you are no longer an employee, and the risk for the employer to ‘get it wrong’ is reduced. Your employer may also prefer to wait and see if you are serious and if you are going to issue a claim.
Legal Fees
Litigate, your legal fees can accumulate very quickly. Even if you are represented on a no win no fee basis, you will have to pay your representative, usually a significant proportion of your winnings (up to 35%).
Reference
Your employer has no legal obligation to provide you with a reference. As such, even if you win your case, your employer will not be obliged to issue you with one. It is therefore usual to agree on the wording of the reference with your employer as part of the term of your settlement agreement. This would oblige your employer to issue a reference with agreed wording when it is requested by your new prospective employer which will make it easier for you to find another employment. You can also include a term that means your employer cannot make bad comments about you that may damage your reputation or your chances of success in obtaining new employment.
Public Judgments
Employment tribunal judgments are public. Therefore when you issue a claim, even if you withdraw it later, there will be a public record of you suing your employer.
Litigation Risk
There is always a litigation risk. Sometimes even the best cases stumble during the hearing. There may be lack of evidence or an uncertain legal point that means that after all the time, costs and effort, no one can guarantee a successful outcome of your case if it proceeds all the way to litigation.
Time
The Tribunals are currently overwhelmed with cases which means that it may take years for you to get your compensation, even if you win your case.
Loss
A lot of the times you will only be entitled to claim for the loss you have suffered. Which means you have to actually suffer the loss in order to claim it (unless you are also bringing a discrimination or a claim where there is a detriment suffered). If you agree a settlement before you have even suffered a loss, if you find a new job immediately after, this will be irrelevant and you will get to keep all the compensation despite the fact that you have never suffered a loss. As such settlement agreements are usually the best option commercially.
Tax
Compensation payments for the loss of employment or injury to feelings can be paid tax free up to £30,000
How much will it cost me?
Litigation can be expensive and should be last resort.
We are expert negotiators and are more often than not able to negotiate settlement before you commence litigation. In the event where this is not possible, then we are able to represent you on a no win no fee basis.
For more information please visit our pricing page.
What should I expect to get?
A lot will depend on the circumstances. The following financial payments would generally be included
Benefits
All your contractual benefits up until the termination of employment. This would include your salary, may include a bonus and commission and other benefits such as health care insurance, death in service benefit, gym membership and others;
Pilon
Payment in lieu of your notice. You can usually choose to be paid in lieu of your notice (which means your employment would terminate immediately) or you can request that your employment terminates in the future, but that you remain on garden leave until such time. We can discuss the pros and cons of either during our appointment, however this payment is normally non negotiable, unless you are subject to gross misconduct proceedings that are well evidenced;
Holiday Pay
If you have accrued any holiday that you did not get a chance to take before the termination of your employment, these should be paid to you in lieu. If you have taken over your allowance, you would usually expect to negotiate that your employer will not be deducting these from your final payment.
Ex Gratia Payment
This payment is normally made in consideration of you entering into this agreement and assuring the employer that you will not bring a claim against them. Ex – gratia payment is to intended to compensate you for the loss of your employment and for any breaches of your statutory rights that you have suffered. Up to £30,000 of this payment is usually tax free;
Redundancy Payment
If you are being made redundant you should also receive your redundancy payment. It may be that your redundancy payment will be included within the ex gratia payment;
Bonus
It is quite usual for the employment contract to contain a clause that deprives you of any bonus if your employment is subject to notice, or it has terminated. As such bonus may form a significant consideration for you when deciding whether to accept a settlement agreement.
Shares
Arrangements in respect of long term incentive plans and shares must be discussed and considered before you enter into a settlement agreement. This is because you may be subject to ‘bad leaver’ or ‘good leaver’ provisions within any share/incentive plan scheme. If you are expected to release those options, you would usually expect to be paid for those under the terms of the settlement agreement.
Confidentiality Consideration
Your employer may also wish to pay you a small sum as consideration for you to agree to keep the terms of the agreement confidential and not to make any derogatory comments about your employer or any of their officers, employees and any other stakeholders.
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