Employment Tribunals

WE ARE REQUIRED BY THE SRA TO PROVIDE THE FOLLOWING COSTS INFORMATION IN RELATION THE SPECIFIC SERVICES OUTLINED BELOW.

FOR INFORMATION ABOUT THE FULL RANGE OF SERVICES WE OFFER, PLEASE CLICK HERE. FOR INFORMATION ABOUT HOW WE CHARGE FOR OUR OTHER SERVICES PLEASE CONTACT THE RELEVANT TEAM.

EMPLOYMENT: CORPORATE CLIENTS DEFENDING AN EMPLOYMENT CLAIM (UNFAIR & WRONGFUL DISMISSAL)

The Joelson employment team specialises in acting for employers in defending claims against them in the employment tribunal including unfair dismissal and wrongful dismissal.

The likely costs associated with us defending an employment tribunal claim against your business for unfair dismissal and/or wrongful dismissal are based on our hourly rates which range between £125 to £400 per hour (plus VAT and disbursements), depending on the level of experience of the fee earner dealing with your work.

The likely total costs in us defending a tribunal claim on your behalf depends on the complexity of the claim and how many days the tribunal decides will be needed to determine the matter at final hearing.  The likely total costs in defending a claim for unfair dismissal and/or wrongful dismissal from receipt of a claim to final contested hearing are likely to range between £25k-£100k+ (plus VAT and disbursements).

Value Added Tax (VAT)

All references to ‘VAT’  are intended to refer to Value Added Tax. That is an additional sum ordinarily levied for services provided and is calculated on a % basis of the sum being invoiced (as applicable, at the relevant invoice date).  Currently, the VAT rate is 20%.

VAT is not payable if you (or your company) are located outside of the United Kingdom.

Range of likely costs:

• Costs for defending a simple claim are likely to range between £25-35k (plus VAT and disbursements).
• Costs for defending a claim of medium complexity are likely to range between £35k-£65k (plus VAT and disbursements).
• Costs of defending a case of high complexity are likely to range between £65k-£100k+ (plus VAT and disbursements).

Factors which influence complexity of a claim:

• Making or defending applications prior to final hearing
• Defending a claim brought by a litigant in person
• Making or defending a costs application
• Complex preliminary issues/hearings
• number of witnesses and amount of documentation
• Allegations of discrimination or whistleblowing which are linked to the dismissal (n.b. the costs information above relates to claims for unfair dismissal and wrongful dismissal only)
• Appeals

There will be additional charges for attending a Tribunal Hearing of £1,200-£2,400 per day (plus VAT).

Disbursements:

Disbursements are costs related to your matter that are payable to third parties, such as  barrister’s (counsels’) fees. We will handle any disbursement payments on your behalf to ensure a smoother process.

Counsels’ fees are estimated between £1,500-£3,000 (plus VAT) per day for representation at Final Hearing, dependant on the seniority of the barrister. This estimate does not include counsel’s fee for preparation which are likely to be in the region of £1,500-£3,000 per day (plus VAT).

Key stages:

The fees above relate to the following key stages of a claim:

• Taking initial instructions, reviewing documentation and advising you on the merits of the claim
• Entering into mandatory pre-claim conciliation to explore whether a settlement can be reached
• Reviewing and advising on the claim
• Preparing your response
• Exploring settlement and negotiating settlement throughout the process
• Considering a schedule of loss and/or preparing a counter schedule of loss
• Preparing for and attending preliminary hearings
• Exchanging documents with the other party and agreeing a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing bundles of documents
• Reviewing and advising on the other party’s witness statements
• Agreeing a list of issues, a chronology and a witness list
• Preparation and attendance at Final Hearing, including preparing brief to counsel
• Appeals

If you wish to handle the claim yourself, we are able to provide advice in relation to some of the above stages at your request. This can be tailored to your individual needs.

How long a claim will last is very much dependent on the point at which the claim is resolved. If a settlement is reached during pre-claim conciliation, your claim may be resolved in a matter of weeks. However, if your claim proceeds to a Final Hearing, your case could take between 26-52 weeks. This is just a rough estimate and a more accurate timescale can be provided once we are better acquainted with the specifics of your case.

Employment Team information:-

Jennifer Maxwell-Harris
Jonathan Bruck
Imogen Higgins-Smith

Trainee (trainees rotate department every 6 months as part of their two-year training contract with us – all their work in supervised by a partner).