Defending an Employment Tribunal case

Employment cases can be complex, time consuming and from our extensive experience no two cases are exactly the same.

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.

Our present hourly rates and lawyers who carry out this work are:

Andrew Wand, Solicitor and Director, £300 plus vat per hour

Sarah Stanyer, Solicitor, £300 plus vat per hour

Louis Beglan, Solicitor, £200 plus vat per hour

 

What’s included

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.
• Entering into or advising you in respect of Acas early conciliation.
  • Reviewing and advising on the claim from other party.
  • Preparing a response to a claim.
  • Exploring/negotiating possible settlement throughout the process.
  • Preparing for any Preliminary Hearing.
  • Exchanging documents and agreeing/preparing a bundle of documents.
  • Taking and drafting witness statements.
  • Reviewing and advising on the other party’s witness statements.
  • Agreeing list of issues, 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 Charges

Our prices for defending claims in the Employment Tribunal will depend on the complexity of the case.

For the most straightforward cases, which would probably have a claim value of no more than £10,000, require either no preliminary hearing or just one that can be dealt with by telephone and with a final hearing lasting for no more than a day, we would expect the overall costs to be between £5,000 and £10,000 plus VAT including a barrister representing you at the final hearing.

For cases with medium complexity, with a value probably in the region of £10,000 to £30,000, have one or two preliminary/case management hearings at the employment tribunal together with a final hearing lasting between one and two days we would anticipate costs of £10,000 to £20,000 plus VAT including a barrister representing you are the final hearing and possibly drafting some of the case papers.

 

For more complex cases with a final hearing of up to a week in the employment tribunal we would anticipate costs of £20,000 to £30,000 plus VAT .  Exceptional cases, which may have a high monetary value and/or require more Tribunal time, may involve more work will result in greater costs being incurred.

Factors that could make a case more complex include:

• making or defending applications to amend claims, in respect of costs or to provide further information
  • defending claims that are brought by litigants in person.
  • complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties).
  • the number of witnesses and documents.
  • allegations of discrimination or whistleblowing linked to the dismissal.

Typical Timescales

It is very difficult to give clear timescales as much will depend on the case itself and the availability of the Tribunal to deal with the matter.

Usually it would be expected that a claim will be issued within 3 months of the termination of employment or the event complained of, though this can be extended by engagement with the Acas early conciliation process.  A response will be due approximately 28 days after receipt of the claim.

If the Tribunal consider a preliminary hearing is needed, which is likely for all but the most simply cases this is likely to be listed within 3 months of the issue of the claim,  A final hearing for a simple case is likely to be within 6 to 12 months of the date the claim was made with more complicated  cases taking between 12 months and possibly as long as 24 months to come to Trial.

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.

The Employment Law team are managed by Andrew Wand a Director of the Company.  Please click on the box on the left to find out more about our Employment Law Team.

• Sarah Stanyer

If your business needs help with employment law and HR contact us today!