Employment Law For Businesses
Defending an Employment Tribunal case
If your business is faced with dealing with a case in the Employment Tribunal we think it is important that before you defend the claim that you know what your legal fees might be.
These type s of cases can be complex and time consuming which can make it more difficult to provide an exact costs estimate however using our experience in handling hundreds of cases we are able to provide you with accurate estimates.
Our fees are charged on an hourly rate which will vary depending on the level of experience of the lawyer dealing with your case. Your case will always be managed by a person with the appropriate level of expertise to handle your case.
We will handle all the legal aspects of your case to ensure that it is managed as smoothly as possible. This will include;
• Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
• Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
• Reviewing and advising on the claim from other party
• Preparing a response to a claim
• Exploring settlement and negotiating settlement throughout the process
• Preparing for a Preliminary Hearing
• Exchanging documents 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
• agreeing a list of issues, a chronology and/or cast list
• Preparation for the final hearing including instructions to Counsel
Attendances at hearings, if required, are charged in addition at our normal hourly rate.
Our prices for defending claims in the Employment Tribunal.
We change hourly rates which will be between £250 for a Partner and/or Solicitor to £235 for a Chartered Legal Executive. These rates exclude Vat.
By way of guidance the cost of preparing a case up to but not including the hearing are;
• A simple case will take up to 20 hours at a cost of up to £5000 (excluding VAT) if it is a straightforward case; or
• Medium complexity case will take up to 35 hours at a cost of up to £8750 (excluding VAT)
We provide specific estimates for highly complex cases.
Factors that could make a case more complex are:
• If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
• Defending claims that are brought by litigants in person
• Making or defending a costs application
• Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
• The number of witnesses and documents
• If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
• Allegations of discrimination which are linked to the dismissal
In addition, you will have to pay expenses (or disbursements) in particular Counsel’s fees. We will agree Counsel’s fees with you in advance.
We estimate that, depending on the experience of the advocate, in a simple or medium complexity case to attend a:
• preliminary hearing will be between £750 plus vat
• Employment Tribunal Hearing (including preparation) £1000 to £1500 plus vat for the first day and £1000 plus vat per day thereafter.
Please be aware that these are estimates for guidance purposed only.
The current VAT rate that will be charged is 20%.
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 6 to 8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6 to 9 months depending on the circumstances of the case and the Tribunal availability. This is an estimate and we will of be able to give you a more accurate timescale as the matter progresses.
Our Employment Team
When you instruct us you can rest assured that you are in safe and experienced hands and will receive an excellent level of service. Our Employment team has over 70 years combined experience in dealing with all aspects of employment law and Employment Tribunal claims.
The Employment Law team are managed by Andrew Wand a partner of the firm. Please click on the names below to find out more about our Employment Law Team.
Please contact us so that we can explain how we work and the service we offer.