Equal Pay Action: Next Staff are Claiming Thousands

Register here for the Next Equal Pay Claim

Step 1 of 5

Please select your job title from the options.

Only Next staff who work in the Next stores in hourly paid roles are eligible to join the claim.

If you work in a Next store in an hourly paid role but your title is not in the list, please email next@payjustice.co.uk or call us on 0161 696 8454 and we will check if you are eligible.

Next
This is the DBA. Read it and if you agree the terms you can confirm your agreement by signing digitally and then clicking on the 'Adopt Signature and Agree to DBA' button.

Adopt Signature and Agree to DBA
Pattinson Brewer

DAMAGES-BASED AGREEMENT


This Agreement is a Damages-Based Agreement (“DBA”).

A DBA is a “no win no fee” agreement whereby your lawyers take a fee for their work on your case but only if you win your case.

This Agreement is a legally binding contract between you and Pattinson and Brewer


1.  The parties


(1)  Pattinson & Brewer of Mermaid House, 2 Puddle Dock, London, EC4V 3DB (Referred to below as “us" and “we”)

(2)  of
(referred to below as "you")


2.  Work covered by this Agreement


  • Work done by us from 04 October 2017, the date when we started work on this matter, in respect of your claim for equal pay against Next plc and/or Next Retail Limited, referred to below as “Next” (“the Claim”).

3.  Work not covered by this Agreement


  • Any counterclaim against you
  • Any appeal proceedings

4.  What happens if you win?


4.1  If you win you pay us a fee equivalent to 25% plus VAT of any compensation awarded or any settlement sum obtained (“the Fee”) plus expenses.

4.2  Expenses typically include fees paid to barristers and experts for advice on your case and for representing you and/or attending hearings.

4.3  A “win” means:

a. You are awarded compensation for all or any part of the Claim; and/or

b. You agree to accept compensation under a settlement.

4.4  The Fee is based on our assessment of the Claim set out in the Schedule at the end of this Agreement.

4.5  You agree that we may receive any compensation in your claim payable to you in accordance with the Form of Authority at the end of this Agreement and deduct the Fee and expenses from that sum. We agree to pay you the remainder of the compensation.

4.6  If Next do not pay any compensation owed to you, you agree to use all reasonable endeavours in assisting us to recover the money. You agree that we can take action on your behalf to enforce an order or agreement. You agree we can seek to recover the costs of any enforcement action taken from Next.


5.  What happens if you lose?


If you lose (meaning the Claim is not upheld in whole or in part) and so you do not get any compensation you do not pay us anything. We will pay any expenses that have been incurred.


6.  Our responsibilities


Subject to our professional duty to the tribunal we will act in your best interests in pursuing the Claim. We will explain each step of the Claim, advise you how to proceed and advise whether to accept any offer of settlement.


7.  Your responsibilities


7.1  You must promptly provide information and documents that we may ask for.

7.2  You must promptly tell us if your employment ends or of any changes in your employment circumstances, including any changes to your job title, pay or hours.

7.3  You must not behave unreasonably. Unreasonable behaviour includes but is not limited to:

a. asking us to work in an improper way;

b. deliberately misleading us;

c. rejecting our advice on your prospects of success and/or whether any offer of settlement should be accepted and/or whether any offer of settlement should be made (and, if so, on what terms); with Next;

d. entering into direct negotiations or agreements with Next without our agreement;

e. failing to comply with the terms of this Agreement.


8. What happens if you end this Agreement before the Claim ends?


8.1  You can end this Agreement at any time except for:

a. After a settlement has been agreed; or

b. Within 7 days before a final hearing.

8.2  If you end the Agreement before we agree with you that the work on the Claim has ended, you are then liable to pay your share of our costs and expenses incurred up to the date you end the Agreement.

Your Claim is part of a group of claims being brought on behalf of a number of claimants with same or similar claim against Next to yours (“the Group”). We calculate your share of our costs and expenses by calculating the total costs and expenses of the Group divided by the number of claimants in the Group at the date you end the Agreement. We use the hourly rates below:


Grade of Fee Earner Hourly Rate
Solicitors/employed barristers with 8+ post qualification years £375 plus VAT
Solicitors/employed barristers with 4+ post qualification years £320 plus VAT
Solicitors/employed barristers with 2+ post qualification years £250 plus VAT
Trainee solicitors, paralegals and other fee earners £150 plus VAT


9. What happens if we end this Agreement before the Claim ends?


9.1  We are potentially acting for you without payment and therefore reserve the right to end this Agreement at any time. We will explain our reasons in full. Examples of when we might end this Agreement are if:

a. We believe that you are unlikely to win and/or should withdraw the Claim;

b. The value of the Claim means it is not financially viable for us to pursue it;

c. Next produce evidence which increases the risk of you losing the Claim;

d. You fail to meet your obligations at paragraph 7 above.

9.2  If we end this Agreement because we consider that you have behaved unreasonably, you will be liable to pay your share of our costs and expenses incurred up to the date the Agreement is ended. If this applies we calculate your share of our costs in accordance with 8.2 above.


10. Starting work


By signing this Agreement, you authorise us to start work on your case before the end of the 14-day cancellation period prescribed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.


11. What happens after this Agreement ends?


After this Agreement ends we will apply to have our name removed from the tribunal record. We have the right to retain your case papers unless any money owed to us under this Agreement is paid in full.


12. Your opponents' legal costs


The general rule in employment tribunal claims is that, win or lose, each side pays for its own legal costs but a tribunal can order you to pay the others’ legal costs if your case has no reasonable prospects of success or you act unreasonably or vexatiously. We will tell you if there is any risk of such an order being made. If you are ordered to pay costs, those costs are payable by you.


13. Recovering costs from your opponents


If we recover costs from Next we are entitled to keep these costs in full subject to such costs not exceeding the Fee plus any expenses. Any costs recovered would be shared between all the members of the Group and deducted from the Fee.


14. Challenging this Agreement and/or charges


Once you have entered into this Agreement your right to challenge the terms above will be restricted but please note your right to cancel this Agreement set out below.

If you dispute the amount of our costs and expenses you have the right to make an application to the court for these to be checked. We will not make the application for you. You may make an application within a year of receiving a bill from us, but if you make the application more than a month after receiving a bill you may be ordered to pay some money to us or to court. If you delay for more than a year you may not be allowed to have our bill checked by the court.


15. Notice of Right to Cancel


15.1  You have the right to cancel this Agreement (for any reason) within 14 days of receiving this Notice in accordance with the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013.

15.2  The cancellation must be in writing. You can send it by post, email or hand delivery. The address details for this are:

Elizabeth George

Pattinson & Brewer

Mermaid House

2, Puddle Dock

London

EC4V 3DB

Email to: egeorge@pattinsonbrewer.co.uk





Form of Authority


I authorise any compensation payable in my Claim to be paid direct to Pattinson & Brewer of Mermaid House, 2 Puddle Dock, London, EC4V 3DB.

I also authorise Pattinson & Brewer to deduct the Fee and any expenses at paragraph 4 of this Agreement before giving me the balance of my compensation.





SIGN HERE



       
...........................................................................................            





Schedule


The Fee set out in this Agreement is reduced from the maximum we are allowed to charge under the Damages Based Agreement Regulations 2013. It has been set having regard to the following factors:

a. in an “equal value” claim of this type there is no certainty that the Claim will succeed (we estimate prospects of success at 51%) and so there is a 49% risk that we will not recover any payment for our work;

b. if you lose the Claim we will have to pay any expenses incurred plus VAT;

c. claims of this type are frequently lengthy;

d. we will need to obtain and present expert evidence in support of the Claim using tribunal procedures for dealing with evidence, which are complex;

e. each person in the Group will have varying losses extending back up to 6 years and we will need to obtain, collate and calculate evidence of these losses;

f. even if you win the Claim we have no guarantee that we will recover our normal professional charges or expenses in full;

g. the Claim will involve multiple preliminary hearings and a lengthy final tribunal hearing; and

h. it is very unlikely that Next will agree to an early settlement.


Call Pay Justice at 0161 696 8454

The Next Equal Pay Claim has started.  A large group of Next staff are bringing a claim against Next for equal pay. 

Already the case has attracted national media interest. The claim is about the unequal terms between staff in Next's stores and staff in the warehouses and distribution centres.

The store staff are arguing that their work is of equal value and so they should receive no less favourable pay and benefits.

Equal Means Equal

It is not just about lower hourly rates of pay. Our research has found that store staff receive less pay and benefits across the board.

How Can Pay Justice Help You?

At Pay Justice, it’s our mission to help low paid and unfairly treated workers in the retail sector. Partnered with the best employment law legal teams in the country, we’ve already helped thousands of workers claim back the money they deserve.

But now it's your turn.

Click here to register today to take the first step in gaining what is rightfully yours.

The Next staff are being represented by specialist employment lawyers at law firm, Pattinson & Brewer, on a no win no fee basis.

Click here to read their Factsheet. It explains the claim in plain and simple terms

What is Equal Pay?

  • The law on equal pay for men and women is very clear. Not only should men and women be paid the same for the same job but also they should be paid the same for doing work of EQUAL VALUE.
  • The claim is that work in the stores is of equal value with jobs done by men in the distribution centres earning much more. Therefore they can potentially claim up to 6 years of lost pay (this is disputed by Next).
  • Many potential current claims are for over £10,000 or about £1,700 for every year worked at Next (up to the maximum of 6 years).

Equal Pay Claims By The Numbers

  • 10,000 +

    Employees have signed up to Equal Pay cases with us in the last 6 years

  • 10-20%

    the UK gender pay gap (i.e. the gap between male and female earnings)

  • £100,000,000s

    worth of back pay to be claimed for unequal pay

  • 2

    Minutes it takes to sign up and register

  • Pay Justice have the expertise, knowledge and track record to help you make a claim. Pay expertise should be in the hands of employees, not just employers.
  • Pay Justice is committed to helping you claim your rights. We aim to provide the tools, information and expert advice to enable you to overcome the barriers to making equal pay claims
  • Pay Justice are passionate about helping employees claim equal pay. The law relies on individuals making equal pay claims.

Contact Us

Call Pay Justice now on 0161 696 8454 or email us at next@payjustice.co.uk