Terms of use
Thank you for your interest in using our Supported Self Representation service.
These are our terms of use which set out some important information for you about this service.
Please read this page carefully and let us know if you have any queries.
What is Supported Self Representation?
Working closely together, our senior lawyers and data scientists have developed special sofware which can write bespoke legal letters for you, based specifically on the facts of your case, but in the style of our best employment lawyers.
Of course this will have more impact on your employer, because they will think that you are being assisted by lawyers, so you will be much more likely to obtain a fair settlement deal.
This could be a typical case process where you are still employed and looking to leave your job with a settlement agreement deal:
[1] You provide us with extra case details including a detailed chronology.
[2] The software drafts a suggested ‘without prejudice’ (meaning off the record) letter to your employer asking for a settlement amount.
This letter is written as coming from you.
[3] We send the draft letter to you.
[4] You can amend it, or send it straight to your employer.
[5] If your employer responds, you can forward the response letter / email to us.
[6] The software drafts a reply to your employer’s letter.
[7] If your case doesn’t settle at this stage, the software helps you draft a grievance letter (as per your employer’s internal procedure), and/or a ‘data subject access request’ (requesting a copy of your HR file).
[8] If at any stage your employer makes you an offer, our lawyers will offer to represent you directly.
This will be at least to sign any settlement agreement document for you (which is paid for by your employer), if not to also negotiate a better deal for you.
Who is this service for?
This service is for people who have left their job or who want to leave their job, and would like to negotiate a fair exit package ‘settlement agreement’ deal with their employer.
As such it will mainly apply to people who feel that they have been badly treated at work. You don’t need to know whether you have a legally strong case, and you don’t need to be able to win an Employment Tribunal claim either.
How much does it cost?
This service is completely free and without obligation. If you don’t like the letter it produces for you, you don’t have to use it, and there is never any charge.
Even if you decide not to use the suggested draft letter, it will help you to understand how to set out your case much better.
All we ask in return is that if you do get offered a settlement agreement, you ask us to sign it off for you.
We don’t even charge you for that service, because in a settlement agreement document there is always a fee paid for by the employer for the employee’s lawyer to advise on the document and sign it off.
How to cancel
There is no obligation for you to continue with this service, you simply may stop using it at any time without needing to give reasons.
Similarly, if we decide that your case has become unsuitable for this service, whether that is due to a lack of merit or too much complexity, or any other reason, we may also stop providing the service at any time.
What happens my employer makes an offer?
At the successful conclusion of a negotiation, both sides may agree to sign a ‘settlement agreement’ document, which would set out the terms of the settlement – essentially you sign away your right to sue the employer, and the employer agrees to pay you a sum of money in return.
Normally the employer drafts the settlement agreement document itself, and it can often be quite a lengthy document.
If you do receive a settlement agreement document at any point, then you should contact us and we will arrange an appointment with our lawyers to onboard you as a client of Monaco Solicitors.
Once you are onboard as a client, they will go through the settlement agreement document with you.
There is always an amount for legal fees, set out in the settlement agreement document itself, which is for legal costs of going through this lengthy document with you.
This does not result in any additional cost to you, as your lawyers will invoice the employer separately for this.
We would then go through it in detail with you, and we would countersign it to confirm that all of the legal wording in the document has been explained to you in plain English.
What happens if the case doesn’t settle?
Sometimes the employer does not offer an acceptable amount during or after the negotiation process.
To progress your matter further you could start an Employment Tribunal claim, but there would be absolutely no obligation on you to do that.
You may want to commence an Employment Tribunal claim before your negotiation has ended, in order to protect your position because of time limits (see below).
If you do need to submit an Employment Tribunal claim, then we recommend that you instruct a barrister to draft your ‘ET1 Grounds of Claim’ document.
That document is the foundation of your claim, and even if it is the only document which you have drafted by a lawyer, it is worth it.
We can put you in touch with a ‘direct access’ barrister who you can instruct directly. Their fees start at around £250+VAT for drafting the ET1. Please ask us for contact details.
We would not be involved in any Employment Tribunal claim you submit.
This means that we would not be ‘on the court record’ and we would not communicate with your employer about it.
Is this service equal to lawyer representation?
This is not a substitute for instructing an actual lawyer and does not constitute legal representation from us.
Nothing in these terms of use is intended to create a lawyer/client relationship – it is an advanced form of self representation with bespoke signposting.
The use of this service is at your own risk. Some examples of things which this service cannot do which an actual lawyer could do is:
-Advise you on Employment Tribunal time limits (see below);
-Speak to you on the phone;
-Answer queries about your case (beyond what is programmed into our software);
-Assess your evidence and tell you what evidence to gather.
Employment Tribunal time limits
As stated above, it may not be necessary to go to Tribunal in all cases, as some cases settle by out-of-court negotiation. Some employers, however, will not settle unless a Tribunal claim is issued.
You should be aware that time limits are very strict for Tribunals, and it is your responsibility to make sure that you submit a Tribunal claim before your time limit expires, even if you are in the middle of a negotiation.
3 months is the usual time limit for issuing employment tribunal claims. After the time limit expires you will usually not be permitted to bring employment tribunal proceedings. In a claim for unfair dismissal or constructive dismissal, the 3 months will normally run from your last day of employment.
For other claims such as discrimination, harassment or unpaid wages, then the 3 months will normally run from the date of the alleged misconduct by the employer. There is more info on time limits available in an article on our website here: /tribunals/time-limits/
The Advisory Conciliation and Arbitration Service (‘ACAS’) is a government organisation which attempts to conciliate and arbitrate actual and potential claims.
The majority of Tribunal claims must be submitted to ACAS prior to being issued in order for ACAS to formally ask the employer whether they wish to settle the claim or not.
This may affect the time limit for submitting a claim to the Tribunal. Here is the ACAS article on time limits: https://www.acas.org.uk/making-a-claim-to-an-employment-tribunal. If you have any doubt about time limits, you should submit an ACAS form here: https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute
Meetings with your employer
You may be asked to attend a meeting with your employer, for example a grievance meeting, a disciplinary meeting, or an occupational health assessment.
You may be entitled to bring a colleague or a trade union rep. Often however this is stressful for our clients, and the stress can make you ill.
If that does happen then please consult your GP, as you may be signed off sick, in which case you may be able to arrange any such matters to be done by email, so you don’t have to attend a meeting.
Please also note that we do not need to meet your employer or you in person in order to negotiate a fair exit package for you as we conduct negotiations in writing and by telephone.
Personal Injury
When you enter into a settlement agreement with an employer you are normally required to give up all your employment rights, and that often includes warranting that you are not aware of any circumstances which might give rise to a personal injury (‘PI’) claim.
Personal injuries arising from mistreatment at work (which often tend to be claims for psychological damage) can be difficult to prove due to the need for evidence of ‘causation’, ie proving that the injury was caused by the employer’s conduct, rather than by an underlying condition.
PI claims are conducted in the County Courts rather than the Employment Tribunals, and they are often conducted by specialist law firms.
If you think that you might have a PI case because your health has suffered as a consequence of an accident at work or other reasons caused by your employer, you should take separate legal advice from a specialist law firm.
The Law Society can direct you to such a firm here https://solicitors.lawsociety.org.uk/
If you have a potential personal injury case against your employer, but you still proceed to sign a settlement agreement, please be aware that your employer may try to settle your employment matter for an amount of money which only takes into account your employment situation, not your personal injury.
Once you’ve signed a settlement agreement with your employer, you will not then be able to make a separate claim for personal injury later on.
Applying for jobs
If you have been dismissed or left your job, you should keep evidence of job applications, just in case this needs to be produced at Tribunal later on.
Keep a record of each job applied for, application date, job title, response date and chase date.
You should also keep a folder of documentary evidence to support this, including copies of job applications, notes of phone calls, copies of chase up emails, job seekers logs, newspapers, emails and receipts for job search costs.
If you are still in employment now then be aware that your employer will be able to check your LinkedIn profile, so if you have updated your status to show that you are looking for other work, you may need to remove that update as your employer may seek to rely on that to suggest that you wanted to leave anyway.
Confidentiality
We take confidentiality very seriously and we will do everything we can to ensure that information regarding your matter is kept strictly confidential at all times.
At the completion of your matter we will dispose of your paper and electronic files unless you specifically arrange for these to be returned to you.
Tax & benefits advice
We do not give accounting advice on tax or Social Security implications of any proposed settlement or potential court order.
If you require such advice, you should take it from your accountant.
Limitation of Liability
We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses, or any damages, costs or losses attributable to lost profits or opportunities.
We can only limit our liability to the extent the law allows, in particular, we cannot limit our liability for death or personal injury caused by our negligence.