Terms of Business
1. Quality of service: In all our dealings with our clients we aim to provide the highest quality of service, to find out what our clients want, and achieve it. We aim to work quickly and efficiently, and to be responsive, approachable and friendly. At the end of the transaction we hope that you will find that our fee represents good value for money.
2. Contacting us: We are contactable by email and by telephone. General email enquiries should be sent to info@gbemploymentlaw.co.uk and telephone calls directed to 01896 801600. Generally, we operate during normal office hours but are also available to speak and meet with you outside normal hours by prior agreement. We are also happy to come to your place of business to meet you there if that is more convenient for you.
3. Initial meeting: We will be happy to have an initial telephone discussion or meeting in person or by video platform with you to decide whether we can be of assistance to you.
4. Instructions: Instructions may be given to us in writing, by email or verbally. We may ask you to confirm in writing the terms of verbal instructions given to us. If there is any change in your instructions you must notify us immediately. If you wish anyone other than yourself to give us instructions or information, we will require confirmation of this in writing. We do not accept instructions by text, WhatsApp or other similar forms of messaging service.
5. Conflict of interest: We cannot act for two or more parties if they have conflicting interests. Please advise us at the outset if you are aware of potential conflicts that may arise. If we decide that we can still act (i.e. if you are one of the exceptions to the general rule) we will confirm this to you in writing.
6. Liability: Unless we agree otherwise in writing, we shall assume that where we act for more than one person but only one of them tells us what to do, that person has the authority of the other(s) to do so. Where we act for more than one person, each person for whom we do work is equally responsible for the instructions given to us and payment of our fees and outlays in connection with the matter. If you do not understand what this means, please ask us to explain.
7. Private limited companies: If we are given instructions by a private limited company then, unless otherwise agreed with you in advance, it is a condition of our accepting instructions that the Directors are jointly and severally liable personally along with the Company for payment of our fees and costs and any interest thereon.
8. Confidentiality: Information passed to us is kept confidential and will not be disclosed to third parties unless authorised by you or required by law.
9. Copyright and third parties: All copyright in documents we produce is reserved to us. Advice given and documents are prepared for your use only and may not be copied or used by any third party without our express written consent.
10. Employment law advice: We operate as a limited company delivering consultancy services in the field of employment law and human resources. We are not a law firm and accordingly are not regulated by the Law Society of Scotland. We do not hold client funds. Iain Burke is a solicitor registered with the Law Society of Scotland and we do carry professional indemnity insurance to cover the advice given.
11. How long will it take? :The nature of employment law work often makes it difficult to estimate precisely how long something will take to complete. When we discuss your requirements at the outset we will also discuss likely timescales. We do attempt to meet these – even to beat them – and always deal with everything as quickly and efficiently as possible. Please remember that quite often the speed at which work can be completed is affected by the co-operation (or lack of it) we receive from other people outwith our control.
12. Fees: We charge fees based on two types of arrangement. Where you take out a monthly retainer contract with us, we will provide you with an additional written agreement that covers the specific services and the cost of same. Where you instruct us to carry out work on a specific matter, such as tribunal proceedings or settlement negotiations, we will charge you a lump sum, or depending on the time spent carrying out the work or on some particular scale of charges appropriate to the type of work. In assessing the fees we take into account an number of important factors, including: the value of the transaction, the complexity and difficulty of the matter, the skill, knowledge and responsibility involved, the urgency of the matter and the place where we are required to carry out the work. We are happy to tell you at any stage what the fees are to date. If it is agreed that the basis of charging will be time spent, then an hourly rate of £195.00 plus vat will apply. On acceptance of instructions from you we will agree a retainer fee to cover necessary preliminary work and this will be taken into account in calculating the final fee due by you. We will never render an invoice without agreeing beforehand with you that it represents fair value for services rendered on your behalf. We also offer a monthly retainer contract to provide employment law and HR services and can tailor this to the individual needs of the business.
13. Outlays: you will be responsible for any outlays such as travel and accommodation costs necessarily incurred while carrying out your instructions. These will be agreed with you and itemised on your account. You will receive copies of receipts to vouch such expenditure.
14. Payment of fees and outlays: We will issue our fee either at the end of the matter or at monthly intervals from the date of acceptance of instructions. Payment is due within fourteen days of the date of the invoice. If not paid within this time we reserve the right to charge interest on the amount overdue at 4% over the Royal Bank of Scotland Base Rate. If you do not pay our account on time, we reserve the right to stop working for you and to charge you for the full amount of work we have done for you.
15. Professional indemnity insurance: We have professional indemnity insurance provided by a leading insurer concerning the services provided. We are not liable for and do not provide any indemnity to you for any direct or indirect loss or liability arising from our advice or our performing the services above the insurance limit.
16. Outstanding monies: You are entitled to change advisers at any time but you are responsible for the fees and any other outstanding payments due to us until the time of change. We are entitled to hold any files or other papers until payment.
17. Termination: You or we may terminate this contract immediately and without further payment (except for services provided up to the termination date) if the other party commits any serious or fundamental breach of its obligations under this contract which is not capable of being remedied within a reasonable period.
18. Whole agreement: These terms and conditions, together with the letter accompanying them, form the whole agreement between us to carry out the work referred to in that letter.
19. Applicable law: These terms and conditions are governed by the Law of Scotland and are subject to the non-exclusive jurisdiction of the Scottish Courts.