Employment fees

Employment tribunal claims for Employees/workers

Our experts provide advice to employees on bringing claims before the Employment Tribunal against an employer for unfair dismissal or wrongful dismissal.

We will provide you with a clear assessment of how likely you are to win, how much you might expect to receive from the Tribunal if you are successful and what it will cost.

If you decide to go ahead, we will represent you, liaising with ACAS, the Tribunal and those advising your employer on your behalf.

Timings

Most claims begin with providing basic details of your claim to ACAS who will then contact your employer to see whether a negotiated settlement can be achieved. This process is ‘Early Conciliation’. This stage should usually take approximately 4 weeks.

If settlement cannot be achieved, then we will make a formal claim to the Employment tribunal on your behalf. Claims for unfair dismissal are usually heard within 12 months of the formal claim being submitted to the Tribunal. Cases involving matters such as discrimination, which can often be more complex, could take 12 to 24 months to complete.

Estimate costs

How much we charge will depend on a number of factors, such as the complexity of the matter, the amount of documentation involved and the cost of any third party instructed, to name a few. Our hourly rates range from £175 plus VAT for a paralegal/trainee to £300 plus VAT for a senior lawyer or partner.

• Straight-forward claims with a pre-trial hearing and Tribunal hearing not longer than one day will generally cost in the region of £7,000 to £12,000 plus VAT.
• More complex cases involving, for example, 3 or more witnesses, an expert witness, heavy documentation, with a pre-trial hearing and where the hearing lasts for two to three days are likely to cost £20,000 to £30,000 plus VAT.
• Equality Act 2010 claims tend to take longer to prepare for hearing, there may be two or more pre hearings and the hearing itself is often longer, potentially requiring expert evidence. As a guide, the hearing of an Equality Act 2010 case of medium legal complexity is likely to involve a hearing of four to five days, and involve costs of £40,000 to £60,000 plus VAT.

Please note that these indicative costs do not include the costs of a barrister representing you at the hearing which would be charged in addition.

We can agree to support you for all or only part of the process. Throughout any tribunal claim we shall be actively seeking settlement with the employer on your behalf to minimise your costs. You can decide at each stage whether you wish to continue.

What steps do our fees cover?

Most claims will follow a process which means our involvement can be broken down into the following stages:

• Taking your initial instructions, reviewing the papers, advising you on likelihood of success and likely compensation (this is likely to be revisited throughout the matter as further information is received)
• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached with the employer
• Preparing the formal claim
• Reviewing and advising on the response from your employer
• Reviewing and responding to correspondence from the Employment Tribunal
• (Equality Act only) Preparing for (and attending) a Disability Hearing (if required)
• Exploring settlement and negotiating settlement throughout the process
• Preparing a schedule of loss
• Preparing for (and attending) a Preliminary Hearing. Reviewing and identifying relevant documents with you, and exchanging them with the other party and agreeing a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing a bundle of documents
• Reviewing and advising on the other party’s witness statements
• Preparing for the Final Hearing which may include agreeing a list of issues, a chronology and/or cast list
• Preparation for and attendance at Final Hearing
• Advising you after the hearing in respect of the decision, whether in relation to any appeal or the enforcement of any award in your favour or in relation to any appeal (whether brought by you or the other side).

Defending Employers against Employment Tribunal Claims:

Our experts provide advice on defending your business against the whole range of claims brought before the Employment Tribunal by your employees.

Our service is tailored to each business’ need. We will discuss your situation with you to ensure we agree the correct approach.

Timings

If the claim is resolved through the Early Conciliation process this will usually be resolved within 4 weeks of the initial contact from ACAS.

If the claim proceeds, claims for unfair dismissal are usually heard within 12 months of the formal claim being submitted to the Tribunal. Cases involving matters such as discrimination, which can often be more complex, could take 12 to 24 months to complete.

Estimated costs

We will take the time to understand your commercial situation and will not encourage you to defend a claim where you have little/no prospect of being successful. We will discuss with you the time and expense you wish to commit and will recommend a course of action in line with this.

How much we charge will depend on a number of factors, such as the complexity of the matter, the amount of documentation and the cost of any third party instructed to name a few. Our hourly rates range from £175 plus VAT for a paralegal/trainee to £300 plus VAT for a senior lawyer or partner.

• Straight-forward claims with a pre-trial hearing and Tribunal hearing not longer than one day will generally cost in the region of £7,000 to £12,000 plus VAT.
• More complex cases involving, for example, 3 or more witnesses, an expert witness, heavy documentation, with a pre-trial hearing and where the hearing lasts for two to three days are likely to cost £20,000 to £30,000 plus VAT.
• Equality Act 2010 claims tend to take longer to prepare for hearing, there may be two or more pre hearings and the hearing itself is often longer, potentially requiring expert evidence. As a guide, the hearing of an Equality Act 2010 case of medium legal complexity is likely to involve a hearing of four to five days, and involve costs of £40,000 to £60,000 plus VAT.

Please note that these indicative costs do not include the costs of a barrister representing you at the hearing which would be charged in addition.

We can agree to support you for all or part only of the process. A number of claims settle before the main hearing.

Where possible, we can provide you with a fixed fee for the stages of work we carry out.

What steps do our fees cover?

Most claims will follow a process which means our involvement can be broken down into the following stages:

• Reviewing the claim with you and taking detailed information from you, and reviewing documents so that we can advise you on the strength and weaknesses of the claim, and its potential value (this is likely to be reviewed as the case progresses in light of factual developments and further information received);
• Responding to any approach from ACAS through the Early Conciliation process;
• (Equality Act 2010) Assisting your decision on acceptance of Disabled Status
• Preparing the formal response to the claim;
• Exploring settlement and negotiating settlement throughout the process;
• Reviewing and responding to any correspondence from the Employment Tribunal;
• Reviewing and advising on any schedule of loss ( a statement setting out the potential value of the claim) from the employee;
• ( Equality Act 2010) Reviewing medical evidence, preparing for and attending Disability Hearing if needed
• Preparing for (and attending) a Preliminary Hearing, including agreeing a list of issues with the employee’s representatives;
• Agreeing with you whether to instruct Counsel, identifying the most appropriate barrister, and the stage at which this should be done;
• Preparing and delivering Brief to Counsel;
• Reviewing and identifying relevant documents and exchanging them with the other party and agreeing a bundle of documents;
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing and delivering the bundle of documents;
• Reviewing and advising on the other party’s witness statements;
• Preparation for the main hearing which may include agreeing a list of issues, a chronology and/or cast list;
• Preparation and attendance at Final Hearing;
• Advising you after the hearing in respect of the decision, whether in relation to any appeal or the enforcement of any award in your favour or in relation to any appeal (whether brought by you or the other side).

Get in touch with our employment law solicitors in Horsham, West Sussex

Get in touch with our employment law solicitors in Horsham, West Sussex by giving us a call or emailing info@lewisdenley.com