Solicitors Regulation Authority (SRA) Transparency Rules
The SRA Transparency Rules stipulate that an authorised body which publishes as part of its usual business the availability of certain services to individuals or businesses, must, in relation to those services, publish on its website cost information. Of the services listed in the SRA Transparency Rules the only service relevant to the Firm is the provision of advice and representation to employers in relation to defending claims before the Employment Tribunal brought by an employee for unfair dismissal or wrongful dismissal.
The SRA Transparency Rules also stipulate that an authorised body must publish on its website details of its complaints handling procedure including, details about how and when a complaint can be made to the Legal Ombudsman and to the SRA.
The required information under the SRA Transparency Rules is set out below:
Costs Information in respect of Employment Tribunals (unfair and wrongful dismissal)
All Employment Tribunal cases are different – there is no such thing as a standard Employment Tribunal claim. In our experience, a realistic range of our fees for an unfair dismissal case in an Employment Tribunal case (with no other elements to the claim such as discrimination or whistleblowing) would be between £35,000 and £120,000 broken down as follows:
Simple case £35,000-£50,000 (excluding VAT and disbursements)
Medium complexity case: £45,000-£75,000 (excluding VAT and disbursements)
High complexity case: £80,000-£120,000 (excluding VAT and disbursements)
Factors that could make a case more complex include:
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim;
- Defending claims that are brought by litigants in person;
- Making or defending a costs application;
- Complex preliminary issues;
- The number of witnesses and documents; and
- If other claims are made which are linked to the dismissal (such as allegations of whistleblowing or discrimination).
There will be an additional charge for attending a Tribunal Hearing of approximately £3,500 per day (excluding VAT and disbursements). Generally, we would expect a hearing to last 1-3days depending on the complexity of the case.
We would deploy the right level of lawyer for each Employment Tribunal case with applicable and appropriate senior supervision.We have a range of experience in respect of Employment Tribunal matters from trainee, to one year PQE, 7 years PQE and over 30 years PQE.
Disbursements are costs related to your matter that are payable to third parties, such as court, and counsel's, fees.We would typically engage counsel to draft Grounds of Resistance for Employment Tribunal matters, attend any preliminary Employment Tribunal hearing and any Employment Tribunal final hearing (and to advise on statements, strategy etc.). Their cost will vary depending on their relative experience and we would always work with clients to identify the appropriate counsel for Employment Tribunal matters. Counsel’s costs solely for preparation and attendance at a one day Employment Tribunal unfair dismissal hearing would typically be in the range of £5,000 to £15,000.
Our fees and most disbursements we would incur in connection with Employment Tribunal litigation typically attract VAT.
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change);
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
- Preparing claim or response;
- Reviewing and advising on claim or response from other party;
- Exploring settlement and negotiating settlement throughout the process;
- Preparing or considering a schedule of loss;
- Preparing for (and attending) a Preliminary Hearing;
- Exchanging documents with the other party and agreeing a bundle of documents;
- Taking witness statements, drafting statements and agreeing their content with witnesses;
- Preparing bundle of documents;
- Reviewing and advising on the other party's witness statements;
- Agreeing a list of issues, a chronology and/or cast list; and
- Preparation and attendance at Final Hearing, including instructions to Counsel.
The stages set out above are an indication and if some of stages above are not required, the fees incurred will be reduced.
In the event of your being in any way dissatisfied with the service you are receiving we would ask you initially to contact the fee earner dealing with your matter. If this does not resolve your concerns or you are uncomfortable raising it with the fee earner responsible you should contact the relevant partner. If you are unsure who this is or if you are uncomfortable raising it with the partner responsible we would ask you to contact the London Partner-in-Charge (John Phillips). The Solicitors Regulation Authority (SRA) can also help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic. Making a complaint of any form will not affect how we handle your matter.
We aim to respond quickly but the person dealing with the complaint will obviously wish to discuss the matter with the relevant partner and fee earner(s) to make sure that they understand the position. You can expect to receive an initial response within seven days of a written complaint. Our written response will:
- Propose a timescale for our investigation into the matter, which timescale we will then seek to agree with you;
- Contain details of the Legal Ombudsman, including its postal and web addresses (which are also set out below);
- Explain that you can ask the Legal Ombudsman to become involved at the end of our own complaints procedure if you are unhappy with the outcome.
The person dealing with the complaint will keep a note of their investigation into the matter and will confirm, in writing, our response to your complaint. If, following our final response you remain dissatisfied, you should contact the SRA or the Legal Ombudsman. The Legal Ombudsman will look at your complaint independently and it will not affect how we handle your case. Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, then you must take your complaint to the Legal Ombudsman:
- Within six months of receiving a final response to your complaint; and
- No more than six years from the date of act/omission; or
- No more than three years from when you should reasonably have known there was cause for complaint.
If you would like more information about the Legal Ombudsman, please contact them.
Call: 0300 555 0333 between 9am to 5pm.
Legal Ombudsman PO Box 6806, Wolverhampton, WV1 9WJ
Please note that, if your complaint involves an allegation of negligence against this Firm, this will require us to inform our insurers with whom we will be required to liaise before providing any response.
The foundation values of Jones Day include Integrity, both individually and institutionally, and a sense of Personal Accountability, for every decision, judgment and action on behalf of the Firm. Within the Jones Day partnership in the United Kingdom, that includes taking steps to ensure that we combat the risk of modern slavery practices in our supply chains.
In this period, we have updated the form of our Modern Slavery Act 2015 statement to reflect current UK government guidance.
Organisational Structure and supply chains - Operations in the United Kingdom are through a general partnership regulated by the Solicitors Regulation Authority. As a provider of legal services in the United Kingdom, our business has relatively straight-forward and low risk supply chains. Senior lawyers and management staff in each of our departments are responsible for supplier due diligence and contract management.
Organisational policies - We have had an supply chain policy in place for the last four years. The policy is reviewed regularly. The purpose of the policy is to provide guidance to staff about our commitment to combat the risk of modern slavery in our supply chains, make clear that it is the responsibility of all staff to prevent, detect or report modern slavery in any part of our business or supply chains, and provide guidance on reporting of issues, including whistleblowing, if appropriate.
Diligence processes - When dealing with a new supplier and/or when we renew our supplier agreements, we may ask them to confirm what steps they take to ensure that their own supply chains are slavery free and/or require them to provide us with copies of their own policies and procedures for review. We continue to introduce into our supply contracts commitments to prohibit modern slavery and human trafficking. Where we assess that an individual supplier could be higher risk for supply chain issues, we carry out additional diligence to ensure that any supply of services to us should be slavery free. In this period, we continued to assess whether any additional risks could arise in our supply chain as a result of changes in working practices and additional supply requirements due to COVID-19 restrictions.
Risk assessment and management - Our view remains that the key risks in terms of our suppliers are in relation to the London office premises, IT, human resources and when we instruct third party suppliers to carry out work relating to our clients from the London office. The main way we manage our supply chain risk is to deal with significant and reputable suppliers, many of whom are also subject to the Modern Slavery Act 2015. We also undertake the diligence processes identified above.
Key performance indicators - We have a number of informal performance indicators, including ensuring that those involved in our supply chain management are aware of legal developments in this area; that modern slavery issues are considered in connection with each supplier contract we enter into, regardless of value, and that any concerns regarding a supplier are escalated to subject matter specialists for investigation and, if necessary, further action. We will consider over the next period if there are other performance indicators it would be useful to track and report on.
Training - We have continued to incorporate training on supply chain issues into the our induction process for new lawyers joining the London office. During the period of working from home over the last year, we have communicated with all lawyers and senior administrative staff to remind them of their obligations under our supply chain policy and where to get help on issues if needed.
This policy statement concerning slavery and human trafficking is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our statement for the financial year ending April 2021. This statement is authorised and approved by the Administrative Partner of the London office on behalf of the Jones Day partnership (SRA number 223597).
21 Tudor Street
London, EC4Y 0DJ
16 September 2021
Article 1 – Definitions
The following defined terms are used in this complaints procedure:
Complaint: any written expression of dissatisfaction from, or on behalf of, a client directed at an attorney or the person working under the responsibility of an attorney regarding the acceptance or performance of an engagement, the quality of the services or the amount of the invoice, provided it is not a complaint as referred to in Section 4 of the Attorney’s Act (in Dutch: Advocatenwet); and
Complainer: the client or his representative who expresses a complaint; and
Complaints officer: the Partner-in-Charge of Jones Day Amsterdam who is in charge of handling complaints.
Article 2 – Scope of application
This office’s complaints procedure applies to every engagement agreed to between Jones Day and the client, provided it is performed by an attorney who is registered at the Dutch Bar.
Each attorney of Jones Day registered with the Dutch Bar ensures that complaints are handled in accordance with the office’s complaints procedure.
Article 3 – Purpose
The purpose of this complaints procedure is:
to establish a procedure for constructively dealing with a client's complaint within a reasonable period of time;
to establish a procedure for determining the cause of a client's complaint;
to maintain and improve existing relationships by correctly dealing with complaints; and
to improve the quality of services through a complaint treatment and complaint analysis.
Article 4 – Publication
This office’s complaints procedure has been published on the firm’s website. Before accepting an engagement, the attorney indicates to the client that Jones Day uses this office’s complaints procedure for its engagements.
Any unresolved complaints will be submitted to the District Court of Amsterdam, the Netherlands.
Article 5 – Internal complaints procedure
If a client contacts the firm concerning a complaint in connection to services of an attorney of Jones Day Amsterdam, the complaint will be passed on to the complaints officer.
The complaints officer notifies the person against whom the complaint is made of the filing of the complaint and offers the complainer and the person against whom the complaint is made the opportunity to express his or her view regarding the complaint.
The person against whom the complaint is made will try to resolve the issue together with the client, whether or not after intervention of the complaints officer.
The complaints officer will handle the complaint within four weeks of receiving the complaint or will inform the complainer that this term will be deviated from, stating the reasons and specifying the term within which an opinion will be issued regarding the complaint.
The complaints officer will notify the complainer and the person against whom the complaint is made of the opinion regarding the validity of the complaint, in writing; this may or may not include recommendations.
Article 6 – Confidentiality and free complaints handling
Unless the complainant has given publicity to the complaint, the complaints officer and the person against whom the complaint is made will observe confidentiality in handling the complaint.
The complainer will not have to pay any compensation for the costs of handling the complaint.
Article 7 – Responsibilities
The complaints officer is responsible for handling the complaint in time.
The person against whom the complaint is made is responsible for keeping the complaints officer up to date of any communications and of a possible solution.
The complaints officer will keep the complainer up to date regarding the progress of the complaint.
The complaints officer is responsible for keeping a file on the complaint.
Article 8 - Complaint registration
The complaints officer registers the complaint, specifying the subject matter.
A complaint can be broken down into several subjects.
The complaints officer periodically reports on the handling of any complaints and issues recommendations to prevent new complaints, as well as to improve procedures.
At least once a year, the reports and recommendations are discussed within the office.
The advocates listed below have registered the following principal (and secondary) legal practice areas in the Netherlands Bar’s register of legal areas:
Lodewijk Berger is registered for International Tax Law
Jasper Berkenbosch is registered for Insolvency Law
Maarten de Boorder is registered for Corporate Law
Yvan Desmedt is registered for Economic Law
Sophie Dijkmans is registered for Corporate Law and Contract Law
Flip van der Drift is registered for Insolvency Law
Coen Drion is registered for General Law
Quirine Eenhorst is registered for Corporate Law
Jan Grootenhuis is registered for Contract Law
Rick van 't Hullenaar is registered for General Law
Ate van IJlzinga Veenstra is registered for Corporate Law
Mike Jansen is registered for Corporate Law
Bastiaan Kout is registered for Corporate Law and Contract Law
Marierose Kouwenberg is registered for Corporate Law
Niels van Loon is registered for Civil Procedural Law
Selma Olthof is registered for Employment Law
Sid Pepels is registered for Insolvency Law
Floris Pierik is registered for Corporate Law and Contract Law
Stef Plouvier is registered for Tax Law
Ton Schutte is registered for Corporate Law
Erik Schuurs is registered for Insolvency Law, Corporate Law and Contract Law
Irene Vermeeren-Keijzers is registered Employment Law
Harmen Wielens is registered for Financial Law
Gerjanne te Winkel is registered for Civil Procedural Law
Anna Zwalve is registered for Contract Law
Based on these registrations, they are required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.