Unfair/Wrongful Dismissal Claims
An employee’s satisfactory performance, conduct and behaviour are crucial to the success and reputation of your business. If an employee is disciplined or dismissed an Employment Tribunal claim may follow.
The Employment Tribunal is now empowered to make substantial awards of compensation in relation to unfair dismissal. When advising clients we adopt the following approach:
By working with our clients at an early stage we aim to avoid claims (where possible). However, we understand that commercial interests must be balanced against legal risks.
Where a claim is unavoidable we provide an early assessment of the case to determine the merits, costs and associated risks.
Consider Settlement Options
We fully explore the prospects of striking out (all or part of the claim) if possible. Alternatively where the claimant is unwilling to withdraw the claim we will prepare for hearing or (where appropriate) aim to achieve a favourable commercial negotiated settlement. We can also assist businesses to participate in the ACAS Early Conciliation, helping to ensure that the best outcome possible is achieved.
Attention to Detail and Attitude
Our attention to detail, vigour, enthusiasm, and experience, means we are able to fully prepare your case to its conclusion.
We don’t just act for employers. We act for employees too. This enables us to maintain a balanced perspective and advise on the likely Employment Tribunal outcome.
Unlike many solicitors (who instruct a barrister to represent you at the hearing) we can prepare your case and act as your representative/advocate at the hearing. Of course if it is economic or otherwise sensible for counsel to be instructed we work with respected and well known chambers specialising in employment law.
Employment Tribunals – Price Transparency
On 6 December 2018, the SRA introduced new pricing transparency rules for various areas of law requiring firms to publish prices online. One of the areas is the conduct of employment tribunal cases for unfair and wrongful dismissal claims.
The costs associated with employment law cases vary based on the complexity of each case. We offer an initial telephone consultation for all new enquiries free of charge to help us understand the details of your case, to see how we can help and to allow us to give you a cost estimate at the outset.
There are a number of factors that make a case more complex such as:
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
- If it is necessary to attend any preliminary hearings
- Defending claims that are brought by litigants in person
- Making or defending a costs application
- Complex preliminary issues such as weather the claimant is disabled (if this is not agreed by the parties) or if the claim is out of time
- The number of witnesses and documents
- If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
- Allegations of discrimination and/or whistleblowing which are linked to the dismissal
- Protracted settlement negotiations/discussions
Where appropriate, there will be an additional charge for attending a Tribunal Hearing of approximately £1295 per day (plus VAT). Generally, we would allow 1-3 days depending on the complexity of your case.
Our fees for unfair or wrongful dismissal cases
Simple case: £8,000 – £10,000
Medium complexity case: £10,000 – £13,500
High complexity case: £13,500 – £15,000
In addition to the above fees are a number of disbursements. Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees estimated between £850 – £1,200 plus VAT (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
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 the 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”
- Preparation and attendance at final hearing, including preparing instructions to counsel
The stages set out above are an indication and if some of the stages are not required, the fee will be reduced accordingly. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your case depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take 2-6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 4-6 months. This is just an estimate and we will, of course, be able to give you a more accurate timescale once we have more information and as the matter progresses.
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KBL acted on an employment tribunal claim for one of the largest green waste processing companies in the UK in relation to an unfair dismissal claim brought by a senior manager, alleging unfair and sham redundancy.