How We Work – Employment Law Solicitors
We act for employers or employees who wish to bring an action or defend proceedings in the employment tribunal for unfair dismissal and advise in respect of claims for wrongful dismissal. We may recommend other remedies or proceedings you may be able to pursue. At the outset we will advise you on the funding options that may be open to you such as through an insurance policy. Our indicative charges for acting for employer or for employee are to cover the following key stages of a claim in respect of unfair dismissal:
- obtaining information and instructions, reviewing all papers and evidence and advising you on the claim or defence
- assisting you with any informal conciliation or mediation process and
- where this is mandatory to explore whether a settlement can be reached
- preparing claim or response to a claim
- reviewing and advising on claim or response from other party
- obtaining further information if required and counsel’s advice if required
- considering and advising on settlement and upon instructions negotiating settlement
- preparing a schedule of loss
- preparing for any preliminary hearing
- exchanging documents with the other party and agreeing relevant documents
- taking witness statements, drafting statements and agreeing content with witnesses
- preparing bundle of documents
- reviewing and advising on the other party’s witness statements
- agreeing a list of issues, a chronology
- where necessary instructions to Counsel
- preparing for and attending hearing
The stages set out above are indicative as you may wish to obtain advice only in relation to some of the stages. This may be agreed on a case by case basis.
How long will my matter take?
The time from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved and tribunal timings and delays. If a settlement is reached during conciliation, your case is likely to take 6-10 weeks. If your claim proceeds to a final hearing, your case could take 6-10 months but much will depend upon the tribunal timetable. We will be able to give you a more accurate timescale once we have more information and as the matter progresses.
Indicative costs for making or defending claims for unfair or wrongful dismissal which are not complex would be in the range from £3,500 – 6500 (plus VAT) and for more complicated cases with multiple witnesses or documents or cross issues above that level and rising to around £10000 – £12,000 plus VAT.
Cases will be treated as more complex where:
- there are multiple types of claim;
- it is necessary to amend claims or deal with amendments to claims or defend applications to amend claims or to provide further information or deal with a costs application or any appeal procedure or preliminary hearing
- there are preliminary issues relating to capacity
- the number of witnesses and documents is more than just you and your opponent
- there are allegations of discrimination which are linked to the dismissal
The fees incurred for attending a Tribunal Hearing are between £1,000 -1500 per day (excluding VAT) and will depend upon involvement of counsel.
Disbursements are expenses payable to third parties, such as court fees. Counsel’s fees are estimated at up to £1000 for advice and between £900 – 1,500 per day (excluding VAT) (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
All work will be carried out or supervised by Michael Garson a partner in the firm with more than 40 years experience including Court and Tribunal representation.