Wrongful dismissal Claim

An employee ‘A’ believes they have been wrongfully dismissed and is claiming in the Employment Tribunal.

  • The claim is straightforward insofar as A is only claiming wrongful dismissal for monies owed and not unfair dismissal.
  • An initial consultation meeting/conference call will take place and a claim form (ET1) will be lodged on A’s behalf. The Employment Tribunal is likely to order ‘standard’ directions requiring the parties to undertake tasks to prepare the case for a final hearing such as: disclosure, agreeing the contents of a bundle; drafting one witness statement (being the Claimant’s); and drafting/agreeing a list of issues.
  • A is likely to be the only witness giving evidence. The tribunal hearing is likely to be one day or less in duration.

Guide Costs: £2,000 – £4,000 plus VAT – Claimant/ £3,000 – £5,000 plus VAT – Respondent

NOTE: Respondent costs reflect the additional work usually allocated to the Respondent during Tribunal proceedings.

Unfair Dismissal Claim

An employee ‘A’ believes they have been unfairly dismissed and want to bring an unfair dismissal claim in an Employment Tribunal.

  • The claim is straightforward insofar as A is claiming they have been unfairly dismissed only and is not bringing any other claims (such as discrimination, owed wages etc), the facts are straightforward and the amount of documentary evidence is small.
  • An initial consultation meeting/conference call will take place and a claim form (ET1) will be lodged on A’s behalf. The Employment Tribunal is likely to order ‘standard’ directions requiring the parties to undertake tasks to prepare the case for a final hearing such as: disclosure, agreeing the contents of a bundle; drafting one witness statement (being the Claimant’s); and drafting/agreeing a list of issues.
  • A is likely to be the only witness giving evidence. The tribunal hearing is likely to be one day or less in duration.

Guide Costs: £8,000 – £10,000 plus VAT – Claimant/ £9,000 – £11,000 plus VAT – Respondent

NOTE: Respondent costs reflect the additional work usually allocated to the Respondent during Tribunal proceedings.

Unfair Dismissal “Plus” Claim

An employee ‘A’ believes they have been unfairly dismissed and wants to bring an unfair dismissal claim in an Employment Tribunal. A has also been wrongfully dismissed and is owed wages.

  • The claim is more complex as A has additional claims in addition to their main unfair dismissal claim.
  • An initial consultation meeting/conference call will take place and a claim form (ET1) will be lodged on A’s behalf. The Employment Tribunal is likely to order ‘standard’ directions requiring the parties to undertake tasks to prepare the case for a final hearing such as: disclosure, agreeing the contents of a bundle; drafting one witness statement (being the Claimant’s); and drafting/agreeing a list of issues.
  • A is likely to be the only witness giving. The tribunal hearing is likely to be one day in duration.

Guide Costs: £10,000 – £12,000 plus VAT – Claimant/ £13,000 – £15,000 plus VAT – Respondent

NOTE: Respondent costs reflect the additional work usually allocated to the Respondent during Tribunal proceedings.

Discrimination/Whistleblowing claim

An employee ‘A’ believes they have been dismissed as a result of previously whistleblowing. Discrimination and whistle-blowing claims are complex.

  • An initial consultation meeting/conference call will take place and a detailed claim form (ET1) will be lodged on A’s behalf. The Employment Tribunal is likely to list the matter for a preliminary hearing to discuss and agree directions such as: providing further and better particulars disclosure, agreeing the contents of a bundle; drafting one witness statement (being the Claimant’s); and drafting/agreeing a list of issues.
  • The amount of disclosure involved and the number of witnesses is likely to be more than simple cases due to the complex nature of the dispute.
  • The tribunal hearing is likely to be more than one day in duration. The length of the hearing will depend on the complexity of the claim, amount of evidence involved and the number of witnesses being called. The hearing is likely to last one week. In some cases it may last two or even three weeks.

Guide Costs: £12,000 – £15,000 plus VAT – Claimant/ £15,000 – £20,000 plus VAT – Respondent

NOTE: Respondent costs reflect the additional work usually allocated to the Respondent during Tribunal proceedings.

Guide Costs in such cases would include:

  • Initial consultation and lodging a claim/response.
  • Preparing a schedule of loss.
  • Attending a preliminary case management hearing.
  • Dealing with ‘standard’ Tribunal directions to include: disclosure (one lever arch file), agreeing the contents of a bundle, drafting one key witness statement and drafting/agreeing a list of issues.
  • Seeking to negotiate a settlement of the dispute (and drafting a suitable agreement to reflect the terms agreed if a settlement is reached).
  • Routine communication with the client, ACAS and the opponent.

Costs do not include:

  • Work undertaken before an ET1 or ET3 is lodged (e.g. Grievance, Appeal, ACAS Early conciliation).
  • Liaising with client’s insurers i.e. assistance with application for legal expenses insurance.
  • Specific applications to the Tribunal (e.g. for specific disclosure or strike out).
  • Additional disclosure (e.g. in excess of one lever arch file) or additional witness statements.
  • Representation at substantive Tribunal Hearings (whether Counsel or your Solicitor).
  • Waiting time at Tribunal.

NOTE: There may be disbursements to pay to third parties and their fees would be an additional cost.  The most common disbursement would be where we advise the use of a barrister at any hearing. Barristers are specialist advocates and we recommend them when a hearing might require advocacy skills. The average cost of a barrister might range from £650 – £1250 plus vat for representation at a straightforward unfair dismissal one day hearing to £5,000 plus vat brief fee and £850 plus vat refreshers (each additional day of hearing) for a 5-10 year experienced barrister for a complex discrimination or whistleblowing case.

 

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