Employment Tribunals – bringing or defending a claim for unfair or wrongful dismissal

When providing a quote for our fees for bringing or defending claims for unfair or wrongful dismissal we would prefer to discuss these with you before you instruct us so that we can give you a realistic figure rather than rely on generic figures that may well change when we are aware of the full circumstances.

We will generally be able to give you at least two pricing options.

The first is a fixed fee based on an agreed scope of work. This means that this figure will not change should the scope of the work not be exceeded.

Secondly, we can agree to proceed on the basis of an hourly rate fee, again for an agreed scope of work.

The hourly rates for members of our team are as follows:

  • Partner £350 – £400
  • Associate £300 – £360
  • Senior Solicitor £275 – £315
  • Trainee Solicitor £175

All our fees mentioned are exclusive of VAT.

There may also be other options available depending on the circumstances of the case.

We will not proceed with our work until you have agreed the basis on which you wish to proceed.

As generic examples these are average fees that we could charge:

Simple case: £7,500 to £12,500

Medium complexity case: £12,500 to £25,000

High complexity case: £25,000 to £40,000

Factors that could make a case more complex:

  • 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
  • Allegations of discrimination which are linked to the dismissal.

There will be an additional charge for attending a Tribunal Hearing based on 7 hours of the fee earners time for a full day or apportioned accordingly.

Generally, we would allow half a day to 15 working days depending on the complexity of your case.

There may also be payments that need to be made to third parties, known as disbursements, examples of which are:

  • Court fees.
  • Counsel’s fees which could range from £750 to £4,000 per day (depending on experience)

These are the following key stages of a claim:

  • Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
  • Preparing claim or response or reviewing and advising on claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • Preparing for (and attending) a Preliminary Hearing
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Reviewing and advising on the other party’s witness statements
  • preparing or considering a schedule of loss
  • 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 fee will be adjusted to reflect this.

We advise on employment but not on any tax or pensions aspects of these claims. If you need specific advice on these matters we can arrange for you to receive this from other specialists in these fields.

The time that it takes from taking your initial instructions to the final resolution of your matter depends on so many factors including the stage at which it is resolved so that it is difficult to give a time estimate. However, if a settlement is reached during pre-claim conciliation, your case is likely to take 1 to 4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6 to 9 months. This is just an estimate and we will of course be able to advise your better once we have all the facts available.

These are the members of our team dealing with employment work – further details about them experience can be obtaining by clicking on their name

Neil Johnston is the Team Leader and responsible for supervising the Team Members. Louise Dawson, the Managing Partner, is responsible for overall supervision of the Firm.

Neil Johnston
qualified as a Solicitor in 2002
Leanne Good
qualified as a Solicitor in 2014

 

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