The employer can also argue that the total value of the proposed package means that a higher legal contribution is not justified. Some employers will object to the increase in legal fees, as they could then finance the employee to negotiate against them. If you need us to negotiate on your behalf, the amount of the employer`s contribution to your legal costs will not be enough to cover all of our costs. This is because there is much more to do if we contact your employer directly. In these circumstances, we must charge otherwise. The amount of the transaction contract depends on the circumstances in which the termination is proposed. Your co-worker will go through the background with his lawyer to find out what, if any, possible claims against you may be. It is also necessary to determine whether the amount offered compensates them for the rights they waive. Another thought might be how long it would take for your employee to find another job if it is a situation in which you compensate them for their loss of earnings. Whichever labour lawyer you`re talking to, they can help you get the best billing record for you. They give you simple legal advice in English so you know exactly where you stand.
On the other hand, the worker may argue that a higher amount of the legal fee – or even a full refund of the royalties – should be agreed on the basis that the worker needs more full consultation on the detailed drafting and sale conditions of the transaction contract and should not be taken out of his own pocket in a situation that the worker might not make of his decision. The EAT observations and EHRC guidelines can quite be used by the representatives of the outgoing workers as aid to the increase of legal fees. Employers must be willing to consider these arguments in what ultimately remains a commercial negotiation” Advice on a transaction contract is always provided by a qualified labour lawyer.