Taking or defending a claim at the Employment Tribunal
The work we will do for you
Taking a claim to the employment tribunal normally consists of the following stages:
Pre-Tribunal Stage
Before your case goes to the tribunal:
- We will take 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 with the other side to explore whether a settlement can be reached (the tribunal requires this stage);
- Preparing your claim or response to a claim
- Review and advise on the claim or response from other party and prepare or consider a schedule of loss
- Exploring settlement and negotiating settlement throughout the process (most cases settle before going to the tribunal)
Tribunal Stage
If the case does not settle we will:
- Prepare for and attend a Preliminary Hearing
- Taking witness statements, drafting statements and agreeing their content with witnesses
- Agreeing a list of issues, a chronology and/or cast list
- Exchanging documents with the other party and agree a bundle of documents upon which the tribunal will decide your case
- Reviewing and advising on the other party’s witness statements
- Prepare and attend at Final Hearing with you, including instructions to Counsel
The stages set out above are an indication and if some of stages above are not required, our costs will be less. 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.
What is not covered by the work that we do for you?
Any appeal against a decision whether by yourself or by the other side is not covered in the estimate of costs and would be considered a new matter which we would be happy to deal with on your behalf
How long will my case take?
The time that it takes from taking your initial instructions to the final resolution of your matter 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 4-6 weeks.
If your claim proceeds to a Final Hearing, your case can take lot longer and is dictated by the court. It is likely to take a minimum of between 6-9 months and can be significantly longer. 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.
How much will it cost
Our work is charged at an hourly rate a table of which are contained in our standard terms and conditions which can be found here. Our estimate for bringing and defending claims for unfair or wrongful dismissal are:
Simple case: £4,000-£5,000 (excluding VAT)
Medium complexity case: £6,000-£8,000 (excluding VAT)
High complexity case: £10,000-£15,000 (excluding VAT)
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 claimants who act without representation (litigants in person)
- Making or defending a costs application
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
- 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 which are linked to the dismissal
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. We will advise you of the cost of these if they become relevant.
Counsel’s fees are also separate to our fees. These are estimated between £750 to £1,500 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)
Who will do the work for me?
We have a very experienced team who specialise in employment law and you can learn more about them by clicking on the Meet the Team page.