We can help current and former employees bring a tribunal claim against their employer for a breach of employment law. We can also help employers defend such claims. We specialise in high-value and complex cases and as such our service is highly bespoke and will be tailored to your needs and the business sector in which you operate. This page gives an example employment matter, seen from both the point of view of the employee or the employer, and sets out what would be included in such a service. We routinely deal with matters very much more complicated than this example matter.
What is included
As a general rule our services in this respect include:
- Taking your initial instructions, reviewing the papers and advising you on the strategy of what you might do.
- Preliminary advice to you on the likely value of the claim and any likely award (this is likely to be revisited throughout the matter and is subject to change).
- Assisting you to conduct pre-claim conciliation to explore whether a settlement can be reached.
- Preparing the claim or the response to the claim.
- Reviewing and advising on the claim or the response from the other party.
- Preparing or considering a schedule of loss.
- Preparing for and attending a Preliminary Hearing.
- Agreeing a bundle of documents and exchanging it with the other party.
- Taking witness statements, drafting statements and agreeing their content with witnesses.
- Preparing bundles of documents for the tribunal and your advocate.
- Reviewing and advising on the other party’s witness statements.
- Agreeing a list of issues, a chronology and/or cast list.
- Preparation for and attendance at the final hearing, including instructing an advocate to represent you.
- Advising you and, where required, conducting or arranging representation at any preliminary hearings that may arise during the course of an employment tribunal claim.
What is excluded
The fees set out below would not include any further work, such as:
- Dealing with whistleblowing.
- Any work required before the employment is terminated (e.g. in relation to an investigation or a grievance).
- Parallel settlement discussions.
- Any work required linked to post-termination contractual provisions such as restrictive covenants.
- Any work linked to unpaid remuneration (e.g. salary, bonus, pension and equity elements) as part of the employment.
- Any work linked to the impact of the termination on your professional or regulatory position as a member of or a person authorised by a regulatory or professional body.
- Any appeal.
- Any work linked to enforcement of any judgment.
- Any work regarding your reputation.
- Advising on tax.
- Documenting a negotiated settlement.
- Any additional work that is necessary as a result of a change in instructions from you.
- Any work in relation to an agreed mediation process.
What we charge
We charge an hourly rate for our services. The hourly rates of our solicitors vary, as do the number of hours required to advised on a claim through to a final hearing in the Employment Tribunal. Employment claims are inherently unpredictable and each case is unique. To give you an indication of our likely fees, we set out below example fee estimates for matters of varying complexity.
- Low complexity – from £10,000 to £20,000
- Mid complexity – from £20,000 to £40,000
- High complexity – in excess of £40,000 (very complex matters can be well over £100,000)
Factors that could make a case more complex:
- Detailed parallel settlement discussions.
- Needing to make or defend applications to amend claims or to provide further information about an existing claim.
- The involvement of professional rules or sector-specific regulation, such the rules of the Financial Conduct Authority.
- Defending claims that are brought by litigants in person.
- Making or defending a costs application.
- Longer hearings and more complicated facts.
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties).
- More witnesses and documents.
- Allegations of discrimination which are linked to the dismissal.
- The actual conduct and attitude of any or all of the parties involved in any claim.
- Making or replying to any interim applications made to the Employment Tribunal before the Final Hearing.
In addition to our fees, you will need to budget for the following:
- The fees of any advocate
- The fees of any expert who may be required to report on a particular matter
We would usually discuss these additional third-party costs and services (known as disbursements) with you in advance and incur those costs on your behalf when necessary. You are responsible for these costs, though we would usually handle their payment for you to ensure a smoother process and add these costs to your invoice.
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 one to two months. If your claim proceeds to a final hearing, your case is likely to take six to twelve months, but may possibly take as long as two years or more in certain circumstances. 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. You should also note that the progress of your matter will be affected by when clerks to the Employment Tribunal list your matter to be heard. This is entirely outside our control.