Capability Hearing

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  • lulu650
    lulu650 Posts: 1,158 Forumite
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    Undervalued wrote: »
    ....Round here that wouldn't even cover the bare minimum with most solicitors!
    £350 +VAT is the standard charge. How many solicitors have you tried?
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  • Undervalued
    Undervalued Posts: 8,853 Forumite
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    edited 10 August 2018 at 4:10PM
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    lulu650 wrote: »
    £350 +VAT is the standard charge. How many solicitors have you tried?

    Not round here it isn't. £500 was the norm even ten years ago! Back then, when it was called a compromise agreement, many employer were initially offering £250 and it was an enormous struggle to get any firm to do it for that. The largest employer always tried the £250 figure initially but could generally be persuaded to go to £500 without too much effort.
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    Undervalued wrote: »
    Not round here it isn't. £500 was the norm even ten years ago! Back then, when it was called a compromise agreement, many employer were initially offering £250 and it was an enormous struggle to get any firm to do it for that. The largest employer always tried the £250 figure initially but could generally be persuaded to go to £500 without too much effort.
    I also agree. I don't know any lawyers (worth paying) who would do it for £350. Not sure where it's the standard charge for, but nobody seems to have told local lawyers that!
  • lulu650
    lulu650 Posts: 1,158 Forumite
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    edited 11 August 2018 at 10:43AM
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    I should have said a straightforward SA. Hopefully the OP has agreed the price with his solicitor and is not racking up further charges
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  • sangie595
    sangie595 Posts: 6,092 Forumite
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    lulu650 wrote: »
    I should have said a straightforward SA. Hopefully the OP has agreed the price with his solicitor and is not racking up further charges
    Not even for a straightforward one! And this is in the North of England, not the South.
  • Undervalued
    Undervalued Posts: 8,853 Forumite
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    lulu650 wrote: »
    I should have said a straightforward SA. Hopefully the OP has agreed the price with his solicitor and is not racking up further charges

    OK the is the "rip off south" but I would be amazed if you found any solicitor willing to do it for that round here, however straightforward. As I said, £500 minimum 10 years ago when I was far more involved in this sort of thing.

    In addition to reading the document carefully they have to fully explain the implications to the client and establish enough about the situation to ensure that the client is not signing away a potentially far more lucrative settlement. They also have to carry specific insurance to cover the practice against getting it wrong.
  • palasmy
    palasmy Posts: 179 Forumite
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    Thanks all for your comments.

    It seems little unfair, the negotiations with employer had to be wrapped up before you get the chance to get legal advice. Although this appears to be the standard practice, I don't see the rationale in it.

    In my case, only when I agreed the terms with my employer I was given the draft SA that I could show to the solicitor. So obviously when the solicitor highlights few points, one gets to wonder if the terms were fair or not. I'm not saying my package was poor however the whole process seems more in favor of the employer.

    The Solicitor fees are generally charged by hour, here in the south east, the rates varies between 285 to 500, but that is only for partners I think, not sure how much it would be for the solicitors(is there a huge difference between a partner & solicitor). Like in my case, when I phoned them up, the partner put me through to his solicitor and he offered to see me to have an initial discussion based on my email to him with a summary of my circumstances. That meeting lasted 30 minutes but he never said anything about the charge for that meeting. Although won't be surprised if he charges me should his attempts to make my package big becomes futile (as his hopes of making business out of this becomes non existent).

    Overall I'm not building my hopes massively, should the solicitor suggest to accept what my company says after his talks with company, then I will have to just agree and move on. I know our HR's abilities and won't be surprised if the solicitor gives in...

    I have not agreed for any payments to the solicitor more than what my company has agreed to pay them for reviewing the SA, which is 400 + VAT.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    There is nothing preventing early representation.
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    Are you sure you haven't agreed? What you think is not agreeing and what they think is surprising may not be the same thing. You are responsible for understanding the situation - you agreed to pay £xxx for reviewing the agreement. When they asked if you would like them to contact your employer, did you ask if that was included in the agreed price? Did toy ask if it would cost more?

    And as stated, you could have had a lawyer on retention at any time. Or a union official. The choice not to have was yours. So the fact that you only have representation now is your own fault. Why on earth would toy think that the employer is going to pay for a lawyer to represent you in negotiations against them? That is your responsibility.
  • palasmy
    palasmy Posts: 179 Forumite
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    sangie595 wrote: »
    Are you sure you haven't agreed? What you think is not agreeing and what they think is surprising may not be the same thing. You are responsible for understanding the situation - you agreed to pay £xxx for reviewing the agreement. When they asked if you would like them to contact your employer, did you ask if that was included in the agreed price? Did toy ask if it would cost more?

    And as stated, you could have had a lawyer on retention at any time. Or a union official. The choice not to have was yours. So the fact that you only have representation now is your own fault. Why on earth would toy think that the employer is going to pay for a lawyer to represent you in negotiations against them? That is your responsibility.

    When I sent the email to the solicitor I clearly stated that I wanted him to first understand my circumstances before he agrees to meet me. And I mentioned this is an informal request only before we can start it off formally. So I really hope his consent to see me wasn't going to be billed!!

    Didn't realise an early legal representation was possible, we did discuss about union front but didn't occur to me I can get someone to represent me legally. Even so affordability would still be a question though!!
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