Wrongful and unfair Dismissal Claims:
We regularly advise and represent Employers with respect to potential or actual wrongful and / or unfair dismissal claims. We always look to advise our clients in their best interests, which will usually mean looking to resolve the matter amicably (without recourse to litigation) at an early stage.
Our involvement in such matters usually involves the following steps:
- Initial advice – which usually includes a meeting with you and a review of relevant paperwork etc.
- Negotiations - Pre-litigation correspondence / ACAS Early Conciliation / Negotiation. (Please note that attempts to negotiate are often ongoing throughout the process)
- Defence to any Employment Tribunal Claim.
- Attendance at a Preliminary Hearing – which is often conducted on the telephone but sometimes in person. This is usually conducted by Counsel.
- Preparation for hearing, including agreement of issues, preparation and review of documentation, preparation of witness statements.
- Ongoing Correspondence / case management.
- Full Hearing of the matter at an Employment Tribunal – usually 1 to 3 days.
- Depending on the outcome – Remedy Hearing – usually no more than a day.
Costs for representation vary greatly depending on a number of factors, including but not limited to:
- the complexity of the case.
- the volume of paperwork involved.
- the stage at which the case is concluded (i.e. whether the matter is settled prior to litigation or if it proceeds to a full heating).
- the length of the hearing.
- the clarity of instructions provided by our client.
- the conduct of the other party involved.
- whether settlement discussions are become protracted.
- the complexity of settlement documentation.
- whether there is a formal Judicial Mediation.
Likely costs:
Our costs for work in these sorts of matters typically range between £1,500 to £9,000 plus VAT. Please note that this range of costs would not include Disbursements, such as Counsel’s fees. It is not a maximum limit on our costs in such matters.
Example costs:
- Costs for an initial meeting, perusal of documentation (up to one lever arch) and initial advice about options / next steps - £500 to £1,000 plus VAT.
- Initial negotiations including - £200 - £400 plus VAT.
- Defence of Employment Claim - £1,000 to £1,500 plus VAT
- Preparation of Documentation / Witness Statements / Schedule of Loss - £1200 - £4,000 plus VAT (depending on case)
(Please note that the above estimates are based on matters which do not include: advice in respect of protracted grievances; advice in connection with data subject access requests; consideration of large volumes of documentation, claims involving allegations of discrimination; claims involving protected disclosure / whistleblowing, and / or travel to and from client’s premises).
Disbursements
The main disbursement in these types of cases will be for Counsel’s fees. Counsel is not usually involved until a decision has been made to lodge an Employment Tribunal Claim. These are discussed with clients before they are incurred but typically range from £600 to £4500 plus VAT, depending on the extent of Counsel’s involvement. Counsel is usually engaged in the drafting of pleadings and to attend hearings.
