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
EMPLOYMENT CLAIMS (EMPLOYER)
- We charge a figure in the region of £20,000 + VAT for a claim of this sort, up to a final hearing. Many claims settle or are withdrawn before the final hearing, which would lead to a lower fee.
- This figure is an estimate in; the actual cost to you will depend on a number of factors which we will discuss with you if you decide to instruct us and we can thereby acquire a full understanding of the nature of the dispute.
- There may be other costs on top. These are fees and charges we will need to pay on your behalf as part of the process, such as travel, subsistence, (in appropriate cases) counsel’s fees, expert witness fees plus VAT where relevant. The actual level of disbursements will depend on a number of factors which we will discuss with you if you decide to instruct us and we can thereby acquire a full understanding of the nature of the dispute.
- In normal cases the expectation is that each party will end up bearing their own costs and charges.
- Our fee is set out on the assumption that there are no other claims (e.g. discrimination) that might increase the time involved, and thus, the cost. There may also be an increase in cost if the claimant is acting in person.
- Our fees do not include any external costs and charges that may be incurred as part of the process (e.g. damages, fines, penalties or other liabilities). You will also be responsible for these items.
- Our fees assume a listing for the final hearing of no more than 2 days and no more than 2 or 3 witnesses. Additional fees may be charged if the listing is longer than 2 days or if additional witnesses are necessary.
- Our fees also assume there are no substantive preliminary hearings beyond the usual hearing (typically listed for one hour) to make directions.
- Details of our people involved in doing the work appear on the right-hand side. Please click on their name for more details.
- The key stages of the work involved in dealing with an employee claim for wrongful or unfair dismissal are:
- Taking instructions and ascertaining the position re: wrongful and unfair dismissal in your case
- Entering into pre-claim conciliation where required
- Dealing with the claim and preparing a response
- Liaison with your employees and others in an effort to resolve matters
- Attending or participating by telephone in up to one preliminary hearing
- Interviewing witnesses and preparing statements
- Preparation of documents etc. for the hearing
- Representation at the hearing
We understand the commercial urgency involved in dealing with employment matters. However, the timeframe will be dictated by the Tribunal. We also have no control over how long it takes for your employees to communicate with us. There are of course two sides in any case – it is not unusual for delays to be caused by the other side, especially when unrepresented. The average time to deal with a claim from start to finish is in the region of 12 months – however more complex claims do take longer and Tribunals are often required to list hearings many months in advance.