Prawo pracy - terms & conditions
1. DEFINITIONS:
“Agreement” means the utmost good faith agreement between You and Us. “Compensation” – amount Your Employer is ordered to pay, or agrees to pay. “Employer” – Your former (or current) employer or other contracting party who paid for services You provided directly or indirectly. “You” means you, the person(s), engaging Us on the basis of the Agreement. “We/Us/Our” means ELSG Ltd (registered number 04520558) whose registered address is Queens House, 200 Lower High Street, Watford, WD17 2EH or anyone to whom we transfer Our rights under the Agreement. “Working Days” means Monday to Friday and excluding Bank and public holiday.
2. CONTRACT AND OUR SERVICE
2.1 Contract between You and Us comes into force when We notify You by any means that we accepted Your application.
2.1.1 We will commence steps against Your Employer:
2.1.1.1 If the box number 35 is ticked on the next Working Day after the payment specified in the clause 4.1.1 is made; or
2.1.1.2 if the box 35 is not ticked, on the first Working Day after 15 calendar days after the date when this Agreement was signed by You, providing that the payment specified in the clause 4.1.1 was made during the period of 15 days, or on the next Working Day if was not made during that period.
2.1.2 If the box 35 is not ticked, You confirm that You understand and agree that Your claim may expire causing You a potential loss. Should this happen You confirm that You indemnify Us, and agree to keep Us indemnified for the period of 12 years from the date of this Agreement against all losses, costs, fees, disbursements etc caused by Your failure to tick the box 35.
2.2 You instruct Us to act as Your representative in respect of Your claim(s) arising from Your employment and various breaches of employment and/or contract law committed by Your Employer.
2.3 You confirm that no agency or person other than Us is acting for You at the date of commencement of the instruction in the recovery of Compensation and that We are appointed as Your sole representative in relation to such matter(s).
2.4 You agree to provide all appropriate and available information relating to Your claim(s) to Us upon commencement of this instruction. We will advise You of any further information required to pursue Your claim(s) and You agree to provide this information as soon as possible. You authorize Us to request further appropriate and relevant information from Your Employer, and/or any third party.
2.5 Upon receipt of all initial and further information from You and (where relevant) any additional information requested from Your Employer, We may approximate the amount owed to You by the Employer in respect of Compensation, if any.
2.6 We shall have no liability to You for any loss arising as a result of the information provided by You being inaccurate, incomplete, provided late or misleading.
2.7 You warrant that all information You provided is accurate, true and complete.
2.8 You undertake to comply with Our reasonable instructions and requests. You understand that You may be required to attend a hearing and that failure to do so, without reasonable excuse, may constitute breach of contract for which You will be liable in accordance with clause 5.7. You undertake to inform Us in writing as soon as practicably possible about any event which may interfere with Your obligation to attend hearing.
2.9 If any direct communication regarding this matter (including letters, telephone calls and personal conversations with the Employer’s staff members, emails etc) is entered into with the Employer other than by Us, You will report this to Us within 3 days of the communication taking place/being received and will forward all relevant documentation directly to Us as soon as possible.
2.10 If We are unable to contact You for more than seven days (or less if the situation demands it) either by email, phone or by letter, and in Our sole opinion it is in Your best interest, You understand, irrevocably agree and authorize Us to compromise the claim on the terms we believe are reasonable.
3. YOUR CLAIM(S)
3.1 Where Our calculations show that You have a claim or claims, We will submit all necessary information to Your Employer and negotiate with him for the recovery of the Compensation.
3.2 You will abstain from any pre-court negotiations with the Employer unless agreed in writing in advance with Us.
3.3 You agree not to accept any settlement that is communicated directly to You by the Employer, or any third party, unless agreed in writing in advance with Us.
3.4 We may request that You provide relevant documents and/or information, or take certain steps before a certain day (being no less than 14 days from the date of the request or the latest day deemed safe for Your claim e.g not causing it to be out of time, breaching a Court order etc) in the future. Failure to comply with Our request(s) may, in our sole discretion, be interpreted as a refusal to accept a reasonable offer, and will trigger your obligation to pay success fee described in the paragraph 4.1.2
4. FEES, PAYMENTS AND CLAIM(S) MONIES
4.1 Where We agreed to represent You in relation to recovery of Compensation, we charge the following fees:
4.1.1 an initial fee of £299.00 (inc VAT), payable within 7days from invoice date, or as per invoice due date – whichever is sooner, which covers the following: opening the file, examination of documents, initial analysis of chances of success, initial analysis of possible monetary value of Your claim, filling claim with ACAS, liaising with ACAS, negotiating with Your Employer (if possible). This fee is payable in every case and is not dependent on the outcome of Our analysis and/or Your claim; and
4.1.2 a success fee of 35% (VAT inclusive), less the initial fee of £299.00 on all amounts the Tribunal orders Your Employer to pay and/or Your Employer agrees to pay whether paid or not by the Employer and being the total value of the benefits to You, monetary or otherwise. Below are some examples of how Your Compensation could be made, and as a result how Our fee is charged:
a) we win/settle for £1000.00, we will invoice you for £350.00 in TOTAL. Your last payment will amount to £51.00 (calculated as £350.00 less £299.00). You will be left with £650.00. This does not include travel and accommodation costs (if applicable)
b) If we win/settle for £3000.00, we will invoice you for £1050.00 in TOTAL. Your last payment will amount to £751.00(calculated as £1050.00 less £299.00). You will be left with £1950.00. This does not include travel and accommodation costs (if applicable)
c) If we win/settle for £10000.00, we will invoice you for £3500.00 in TOTAL. Your last payment will amount to £3201.00 (calculated as £3500.00 less £299.00). You will be left with £6500.00. This does not include travel and accommodation costs (if applicable)
ANOTHER WORDS YOU WILL NEVER PAY MORE THAN 35% (excluding any travel and accommodation)
PLEASE NOTE: THE ABOVE AMOUNTS ARE EXAMPLES ONLY, AND SHOULD NOT BE INTERPRETED AS INDICATION, PROMISE OR GUARANTEE OF THE AMOUNT YOU CAN GET. EVERY CASE IS DIFFERENT AND IS DECIDED ON ITS OWN FACTS
4.1.3 You understand and agree that acceptance of Your Claim does not guarantee that we will continue with Your Claim to the hearing or earlier settlement.
4.2 Any court fees and/or solicitors’ costs incurred by Us on Your behalf will be payable in addition to this fee. You will be notified in writing should we consider this step necessary.
4.3 In the event that You reject any offer from Your Employer received by You, or on Your behalf, and such rejection is considered by Us, in Our complete discretion, to be unreasonable, receipt of the offer shall be regarded for the purposes of these Terms as recovery of Compensation by Us on Your behalf of the monies/benefits being offered under the offer, such that You will be responsible for paying to Us the fees calculated in accordance with clause 5.8.
4.4 Unless agreed otherwise in writing by Our Director, all monies recovered from the Employer shall be made payable directly to Us or if they reduce any of Your debit balances by the settlement amount: (a) You will notify Us of such a payment or reduction within 3 Working Days of You becoming aware of it; (b) We will notify You of such a payment or reduction within 3 Working Days of Us becoming aware of it, should We become aware of it before You; (c) You will be liable to pay the fee (plus any other fee that has been paid on Our behalf and any other amount(s) owing by You to Us) directly to Us within 3 days of the date of an invoice submitted by Us.
4.5 Any court fees applicable to Your claim shall be paid in advance as money on account of costs no later than 14 days before due date.
4.6 We may charge interest on all and any unpaid amounts (even if we consent to a postponment) at the rate of 8% per annum from the date of invoice or obligation to pay arising under this contract, until payment in full. This includes, but is not limited to, initial fee, success fee, Court fee(s), travel and/or accommodation cost(s), and any other fees, whether referred to in this agreement or not, and which may arise in the course of Us providing You with Our service(s).
4.7 Should We be unable to succeed in a claim against Your Employer, then no fee will be payable by You to Us, subject to paragraphs 4.1.1 and 5.2
4.8 If You provide any information to Us which is untrue, misleading or incomplete and results, or materially contributes to an unsuccessful claim(s), withdrawal, abandonment of the claim or unnecessary work, You will be liable for all fees and disbursements (including court and solicitors costs) incurred or payable by Us which will be payable by You to Us within 7 days of receipt by You of an invoice submitted by Us. In these circumstances, We may also terminate the Agreement without notice and charge You for any work already completed by Us in relation to Your claim(s) in accordance with clause 5.7.
4.9 Should legal action become necessary to recover Your Compensation, You authorize Us to prepare relevant application(s) and provide court representation (if applicable) and You agree to pay the costs of travel and accommodation no later than 14 days prior to the hearing. You also agree to be liable and pay for fees at £99.00 per hour for preparation, presenting and dealing with recovery action and/or agents.
4.9.1 Should an application for reconsideration of a judgment, decision or settlement in Your favor be requested, or an appeal lodged by Your Employer, You authorize Us to prepare, as soon as possible, objections to Your Employer’s application. You also agree to be liable and pay Our fees at £99.00 per hour for preparing and presenting the objections.
4.10 Where we provide attendance within M25 no travel or accommodation fees are payable
4.11 Outside M25 the following costs are payable: a) £0.45 per mile travelled by car (each way), plus reasonable parking costs; or b) the cost of train travel arriving no earlier than 2 hours before the hearing. The costs shall be paid no later than 14 days before the hearing.
4.12 Overnight accommodation shall be required if the hearing is listed to start before 11 am and the hearing venue is located further than 50 miles from Our office. You agree to pay the costs of a minimum 3-star accommodation no later than 14 calendar days before the hearing.
4.13 We retain the sole discretion which travel mode and/or accommodation to choose.
4.14 If the Employer files counterclaim against You, and You request that We defend the Counterclaim, We will charge You an hourly fee of £99.00 per hour and You agree to pay the fee within 7 days from receipt of invoice.
4.15 You agree to indemnify Us, and keep Us indemnified, for 7 years following termination of this Agreement, for any loss and/or costs caused by Your failure to provide true, complete, accurate and/or not misleading information/documents and correspondence relevant to You claim. You agree to indemnify Us for any cost order, time preparation order, adverse costs order etc. imposed on Us and caused by Your failure to provide either completely or in timely manner true, complete and not misleading information/documents and correspondence relevant to Your claim.
4.16 If it is agreed that Your Employer pays You compensation in instalments, You agree that We have priority over You to the money in respect of payment Our fees, costs and disbursements (another words we will be paid in full first, and then You will receive the balance)
4.17 Translation of any documents may be arranged by Us, but must be paid by You in advance. A written quotation will be provided.
4.18 Transcripts of any conversation relevant to Your Claim may be arranged by Us, but must be paid by You in advance. A written quotation will be provided.
4.19 We will only make an electronic payment of Your Compensation to Your bank account if all details match original instruction. If there is any discrepancy, we will post a cheque made payable to You.
4.20 We will not accept any instruction to pay Your Compensation to any third party whatsoever.
4.21 Notwithstanding the provisions of the paragraphs 4.19 and 4.20 We reserve unfettered right to make a payment of Your Compensation by a cheque, or other non-negotiable financial instrument.
4.22 You understand and agree that should You fail to pay any amount due to Us, We will file against You in County Court, and that the following additional fees will be added to the amount You owe: a) Claim preparation fee of £150.00, b) Hearing fee – £300.00 (if We have to attend a hearing), c) All court fees, d) Travel and accommodation costs, e) interest at 8% per annum until the date of full payment.
4.23 You understand and accept that you are liable for all and any loss and/or damage caused by Your error in providing incorrect and/or incomplete bank account details.
5. TERMINATION
5.1 We may terminate the Agreement if We consider the amount recoverable in relation to Your claim(s) is insufficient to progress. In this event, You will not be required to pay Us anything, except the fee referred to in clause 4.1.1
5.2 Failure to make the payment specified in the clause 4.1.1 within 7 days from the date of invoice, gives Us a right, but not obligation to terminate this Agreement.
5.2.1 Failure to make the payment specified in one or more of the following paragraphs: 4.5, 4.9, 4.11, 4.12 and/or fully comply with paragraphs 2.3, 2.4, 2.7, 2.8, 3,2, 3.3, 4.8, 5.6, gives Us right to terminate this Agreement, for which You will be liable in accordance with provisions of paragraph 5.8.
5.3 You may cancel the Agreement either by:
5.3.1 Providing written notice to Us within 14 days of the date of the commencement of the instruction. It is recommended (but not necessary) that You send Us the attached Model Cancellation from notice of cancellation by recorded delivery post; or
5.3.2 You may also cancel verbally. In this case we will need to record the relevant part of the conversation, and You agree to that.
5.3.3 If You cancel within 14 days from the date of this Agreement and the box 35 is not ticked, You will not be liable to pay Us any fees and any fees You paid will be refunded to You.
5.3.4 If You cancel within 14 days from the date of this Agreement and the box 35 is ticked, You will be liable for Our fees incurred to the time and date of termination at hourly rate of £99.00 (calculated in units of 6 minutes each and charged £9.90 per such unit) or in accordance with paragraph 4.1.1 and 4.1.2, whichever is higher, and payable within 7 days of date of an invoice submitted by Us.
5.4 You may terminate this Agreement at any time after 14 days of the date of the commencement of the instruction.
5.5 If You terminate this Agreement under paragraph 5.4, You will be liable for those costs incurred or payable by Us which are equal to the amount(s) payable under entire paragraph 4 should Your claim(s) have been settled in full, however, if the amount of Your claim(s) is unknown then You will be liable for the reasonable costs incurred by Us in progressing Your claim(s) at the rate of £99.00 per hour.
5.6 Unless agreed otherwise in writing, We may terminate this Agreement if You fail to pay Us any amount due within 14 days from invoice date.
5.7 We may terminate this Agreement if You do not fully, and in timely manner comply with Our reasonable requests to, provide, among others, information, documents, give evidence, sign documents etc. You will be liable for Our costs incurred to the day of termination in accordance with clause 5.8
5.8 We may terminate this Agreement in case of an event specified in clause 4.3, 5,7 or if conditions specified in the paragraph 5.2 of this Agreement are met, You will be liable for Our fees incurred to the time and date of termination at hourly rate of £99.00 (calculated in units of 6 minutes each and charged £9.90 per such unit) or in accordance with paragraph 4.1.1 and 4.1.2, whichever is higher, and payable within 7 days of date of an invoice submitted by Us.
5.9 We may exercise lien on all documents provided until You settle what You owe in full and in clear funds.
5.10 You acknowledge, understand and agree that We have intelectual property rights, including, but not limited to copyrights, moral rights, in all documents, letters, claims, claim forms and other documents in any form, created by Us.
5.11 You undersand and agree that You must not use any documents, forms, claims, claim forms etc created by Us for any purpose (including material gain) whatsoever, without our prior written consent.
5.12 We will retain Your documents for 3 months after completion of Your Claim. You agree that after the period of 3 months we may securely destroy the documents without notice. You understand and agree that we will not be liable for the consequences of the destruction of documents.
6. GENERAL TERMS
6.1 Should any part of this contract be in dispute, You and Us agree that any proceedings should be taken in the Court where We reside.
6.2 We will not disclose Your information to anyone without Your consent or as required by law, court order or as requested by other government or law enforcement Employer or as requested by any company or other entity to whom We may either transfer or subcontract any or all of Our obligations to You under this Agreement.
6.3 You authorize Us and agree that we may record all telephone conversations relevant to Your claim for Compensation.
6.4 By giving You written notice We may transfer Our rights, but not obligations, under this Agreement.
6.5 The Agreement sets out the entire agreement and understanding between You and Us regarding Our services.
6.6 By entering into this Agreement You have acknowledged that You are not relying on any statement, warranty or representation given or made by Us save for those expressly set out in the Agreement. We will offer no liability in relation to any other representations, promise or warranty made for this Agreement unless it was made fraudulently.
6.7 If any event beyond Our reasonable control prevents or hinders Us from performing Our obligations under this Agreement We shall not be deemed to have breached this Agreement.
6.8 The Agreement will be governed by and construed in accordance with English law, and all claims and disputes between the parties or any of them arising out of or in connection with the Agreement (whether or not contractual in nature) will be determined in accordance with English law.
6.9 Each party submits to the exclusive jurisdiction of the courts of England and Wales in relation to all claims, disputes, differences or other matters arising out of or in connection with the Agreement.
6.10 Failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof
6.11 You authorize Us to verify Your identity electronically. You also accept that the verification may leave a mark on Your credit file.
6.12 Unless otherwise specified in this Agreement, or agreed in writing, all fees are payable within 7 calendar days from the date of invoice.
6.13 All Compensation amounts are estimates only and are not guaranteed.
6.14 If any provision of this contract is found by a court to be invalid, unenforceable or illegal, the remaining provisions shall remain in force.