Unfair/Wrongful Dismissal Claims

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:

Avoiding Claims
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.

Early Assessment
Where a claim is unavoidable we provide an early assessment of the case to determine the merits, costs and associated risks.

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.

Balance
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.

Advocacy
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
• Amount of documentation/evidence
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle
• Allegations of discrimination and/or whistleblowing which are linked to the dismissal
• Protracted settlement negotiations and correspondence with the other side

Where appropriate, there will be an additional charge for attending a Tribunal Hearing of approximately £1,200 + VAT (at 20%) per day. Generally, we would allow 1-3 days depending on the complexity of your case.

Our fees for unfair or wrongful dismissal cases (VAT is charged at 20% unless stated otherwise).

• Simple case (a simple undisputed matter with few issues in dispute, a small number of witnesses and documents) – £10,000 – £15,000 + VAT
• Medium complexity case (a moderate set of facts, more of which are in dispute, with an average number of witnesses and more documentation) – £15,000 – £20,000 + VAT
• High complexity case (a high set of disputed facts, with many witnesses and a high number of documents) – £20,000 – £30,000 + VAT

In addition to the above fees are a number of disbursements. Disbursements are costs related to your matter that are payable such as obtaining a medical report where necessary, travel expenses and expert fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel’s fees estimated between £2,000 – £4,000 + VAT per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation). There may be a requirement for a conference with Counsel at a likely cost of £1,000 – £2,000 plus VAT, again depending upon seniority.

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 3-6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9-12 months subject to length of hearing and Employment Tribunal availability. 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.

Our team practice exclusively in employment law and have a wealth of collective experience in delivering high quality work. Susanne Helliwell, a qualified Solicitor and Consultant at this firm will have ultimate responsibility for dealing with your case.  For details of specialisms and qualifications of the team visit our Meet the Team page.

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