Service Contract and Representation Agreement | Scope of Services and Costs Expenses and Other Expenditures | Governing Law and Jurisdiction | Claims Management | Template for FCA Applications and Authorised Firms

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REPRESENTATION AGREEMENT

PARTIES

(1) Employee Rescue Limited of International House, Churchill Way, Cardiff CF10 2DX

(2) [ CLIENT] OF [ADDRESS]

AGREED TERMS

1. SCOPE OF SERVICES

1.1 You enter this agreement with us for the pursuit of your [prospective] Employment Tribunal claim[s] arising out of your employment with [EMPLOYER] for [CLAIM].

1.2 This agreement, together with our ‘client care’ letter for each matter we work on, forms our entire agreement with you to provide legal services (‘our Agreement’). It is an important document and should be read carefully. If you are unsure of any part of these terms you must contact us for clarification before we begin work for you.

1.3 Unless we expressly agree otherwise, our agreement applies to each matter we work on with you. We may change these terms and conditions from time to time and will notify you of this in writing if we do so

1.4 You are advised that you have the right to seek further advice and shop around for an alternative source of advice and assistance before committing yourself to this agreement.

1.5 You have agreed to pay us £[ ] for the following Services:

[DELETE OR ADD AS APPLICABLE]

(a) Assistance and support in internal proceedings

(b) Drafting of settlement offer

(c) ACAS Conciliation

(d) Negotiations

(e) Draft ET1 and Grounds of Claim

(f) Preliminary Hearings (by phone and video only)

(g) Schedule of Loss

(h) Discovery – Assistance or Negotiation of Discovery Issues

(i) Judicial Mediation Advocacy

(j) Witness Statements

(k) List of Issues

(l) Employment Tribunal applications

(m) Review of correspondence and court documents

(n) Factual investigations: contacting witnesses, public record searches etc.

2. WHAT THIS AGREEMENT DOES NOT COVER

This agreement is limited to the services identified in Paragraph 1 above. In particular, it does not cover:

(a) in- person representation in the workplace

(b) your final hearing at the Employment Tribunal and any Remedy Hearing.

(c) in person Preliminary Hearings.

(d) any claims or counterclaims that [EMPLOYER] may bring against you;

(e) any appeal that either you or [EMPLOYER] may make including any appeal to the Employment Appeal Tribunal.

3. OUR DUTIES UNDER THIS AGREEMENT

3.1 Subject to our professional duty to the Financial Conduct Authority and the Employment Tribunal, we will act in your best interests in pursuit of your claim[s]. We will discuss each step of the process with you, advise you on how to proceed and whether to accept any offer of settlement that [EMPLOYER] may make.

3.2 In the unlikely event that you file a complaint because you are dissatisfied with our service, your complaint will be handled in line with our Complaints Procedure available here – https://www.employeerescue.co.uk/complaints- policy/. It includes a provision for the matter to be passed Financial Ombudsman Service if you are still dissatisfied.

3.3 We are registered with the Information Commissioners Office as a data controller. Our registration reference is ZA173958. Details of our registration are available on the information commissioner’s register of data controllers which is available online at org.uk/register and our privacy policy is available here – https://www.employeerescue.co.uk/privacy-policy/.

3.4 For the purposes of best practice and compliance with relevant financial and other regulatory requirements, you agree that we may disclose to appropriate third parties your files, papers and documents for review and audit purposes. We will take reasonable steps to ensure that confidentiality is maintained.

4. YOUR DUTIES UNDER THIS AGREEMENT

4.1 So that we can do our job under this agreement, you must co-operate with us and promptly provide information and documents that we may ask for. You must not mislead us or ask us to work for you in an unreasonable or improper way.

4,2 You must comply with the requirements of ACAS Early Conciliation and any internal grievance procedure we advise you to follow. You must attend Employment Tribunal hearings when asked and pay expenses in accordance with the terms of this agreement.

4.3 If your employment with [EMPLOYER] has ended, you must take all reasonable steps to find suitable alternative employment and keep thorough records of your job search. You must promptly tell us of any job offers made to you, whether you intend to accept the job or not.

4.4 If you are still working for [EMPLOYER], you must promptly notify us of any changes in your employment circumstances, including any changes to your job title, pay or hours of work, and any changes in your employer such as a TUPE transfer.

4.5 You must not, during the course of the conduct of the case, take any action to involve a third party ( e.g. Solicitor, another Trade Union, Regulatory/Advisory Agency etc.), in the representations and conduct of the matter unless this has first been discussed with and approved in writing by us.

4.6 You must not instruct a relative , friend or colleague to conduct communications on the matter with us or other parties to the case unless the exigencies of the circumstances dictate that this is necessary, and agreement has been obtained from us.

4.7 For the purposes of data protection legislation please note that by instructing us you accept and agree that personal information about you will be held on our computer system.

5. EARLY TERMINATION OF THIS AGREEMENT

5.1 In entering this agreement it is our intention to reach a successful conclusion of your claim[s] either through settlement or before the Employment Tribunal. However, there are circumstances in which either one of us may wish to end this agreement before then.

5.2 With the exception of the circumstances in Paragraph 5.3 below (in which you agree not to terminate this agreement), you may terminate this agreement at any time. However, you are then liable to pay our costs and the expenses incurred up to the date of termination within 30 days of delivery of our bill to you.

5.3 You agree not to terminate this agreement after any settlement has been agreed or in the seven days before an Employment Tribunal hearing.

5.4 We can end this agreement if we consider that you have not behaved reasonably, for example because you fail to meet your obligations as set out in Paragraph 4. You will then be liable to pay our costs and the expenses incurred up to the date of termination within 30 days of delivery of our bill to you.

5.5 For the avoidance of doubt, we consider that failing to accept our advice on your prospects of success or whether any offer of settlement should be accepted or whether any offer of settlement should be made (and, if so, on what terms), will amount to unreasonable behaviour on your part.

5.6 Paragraph 5.3 and 5.4 above are without prejudice to any right of either party under the general law of contract to terminate this agreement.

5.7 If this agreement ends in any of the circumstances referred to in this Paragraph 5, we will tell the Employment Tribunal, [EMPLOYER] and anyone who may be representing them that we are no longer representing you. You will be free to deal with your claim[s] on your own behalf or to instruct someone else to do so. However, until we are paid any money that you owe us under this agreement, we are entitled to a “lien” over any of your property that is in our possession. Therefore, until we are paid, we will be entitled to keep your case papers.

6. REPRESENTATION AT HEARINGS

6.1 You are responsible for instructing a barrister to represent you at any merits hearing, the final substantive hearing and at any remedies hearing.

6.2 We may at our discretion assist you in obtaining the services of a barrister or representative at any merits hearing, the final substantive hearing and at any remedies hearing.

7. IF THE TRIBUNAL MAKES A COSTS ORDER FOR OR AGAINST YOU

7.1 While your case is proceeding before the Employment Tribunal, a costs order may be made in your favour or one may be made against you. It is rare for an Employment Tribunal to make a costs order. We will advise you if we believe this is likely to happen.

7.2 If the Employment Tribunal awards costs against you, you agree to pay the amount ordered by the Employment Tribunal or the amount calculated in accordance with any Employment Tribunal direction.

7.3 If [EMPLOYER] acts unreasonably or vexatiously in defending your claim, we may advise you that the Employment Tribunal is likely to award you our costs incurred in dealing with that conduct. If we so advise you, and you instruct us to do so, we will seek a costs order against [EMPLOYER] to recover those costs. The amount of any costs received from [EMPLOYER] following an Employment Tribunal order will be deducted from our share of any settlement or Employment Tribunal compensation ordered.

7.4 If the Employment Tribunal awards costs against [EMPLOYER] and you have not yet paid us our share of any settlement or Employment Tribunal compensation ordered, you agree for those costs to be paid direct to us. If [EMPLOYER] refuses to pay us direct, you agree to pay us those costs on receipt. If [EMPLOYER] pays us direct in circumstances where you have already paid us our share of any settlement or Employment Tribunal compensation ordered, we will refund those costs to you.

7.5 For the purpose of recovering costs from [EMPLOYER], our costs will be the amount ordered by the Employment Tribunal or calculated in accordance with any Employment Tribunal order or direction. If the award includes payment of expenses that you are responsible for, as long as we receive payment from [EMPLOYER] these will be repaid to you (if you have already paid them) or not charged to you (if you are yet to pay them).

7.6 We will also seek to recover from [EMPLOYER] the costs and expenses incurred in making any application pursuant to Paragraph 7.3 and you agree that Paragraph 7.4 will also apply to those costs and expenses. However, you further agree that you will be ultimately responsible for the costs and expenses so incurred.

8. COSTS, EXPENSES, AND OTHER EXPENDITURES

8.1 You are responsible for additional costs and expenses in this matter, for example, filing fees; the costs of transcribing testimony taken at a hearing or trial; subpoena costs; an expert’s fees (if appropriate for the matter); the costs of an investigator or of other methods to discover and obtain factual information; document-reproduction expenses; discovery costs (including those of depositions); out-of-jurisdiction travel, lodging, meal, and related expenses; the costs of long-distance phone calls, facsimile transmissions; other forms of communication; and the costs required to reasonably conduct on-line legal research (if necessary).

8.2 You are responsible for paying expenses that are incurred on your behalf regardless of whether you win, or you lose.

8.3 You will be informed about any and all such expenditures before we incur them. We will not incur any such expenditures without your express authorisation.

9. IF YOU WIN

You agree that if [EMPLOYER] fails to comply with an agreement or order to pay you compensation, you will use all reasonable endeavours in assisting us to recover the money due to you. You agree that this will include the right for us to take action in your name to enforce an order or agreement. We will seek to recover from your employer the costs of any enforcement action taken.

10. GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.

(For and on behalf of Employee Rescue Ltd.)

Date: [                        ]

_________________[CLIENT]

Date:

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2020-09-16T18:47:02+00:00