Employer Employment Tribunal claims

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Employer Employment Tribunal claims

We explain below what is involved in defending proceedings in the Employment Tribunal and what costs are likely to be involved.  This guide relates to claims for unfair dismissal and wrongful dismissal. There are other proceedings that may be brought in the Employment Tribunal where the work required to defend the claim and the overall costs may be different. We will always discuss this with you as part of our advice before proceedings of any kind are commenced.

Work involved

We have considerable experience in Employment Litigation and we can prepare and run your case for you.  This includes:

  • Advising you on the documents received from the Employment Tribunal
  • Drafting the documents required from you in reply
  • Advising you on all relevant documents and other evidence
  • Preparing list and bundles of documents for your employee or former employee
  • Advising you on your employee’s case
  • Interviewing your witnesses and preparing witness statements
  • Dealing with all correspondence with your employee, their solicitors and Employment Tribunal
  • Preparing instructions to a barrister to represent you at the hearing
  • Preparing for and attending with you at the Employment Tribunal
  • Advising you on the outcome of the case and the consequences of this.

This is a summary of the main steps that occur in most Employment Tribunal cases. The exact course of the case will depend upon the issues and how the parties approach it.

Costs

As every case is different, we cannot give a fixed price for an Employment Tribunal case. However, we can give broad estimates for short, medium complexity and complex and high value cases.

Short cases

These are cases that are expected not to last more than one day in the Employment Tribunal.

All figures include VAT. VAT will be charged at the current prevailing rate which at present is 20%”

Our fees

£6,000 – £9,000

Barristers fees

£3,000 – £4,200

Medium Complexity cases

These are cases that are expected not to last more than two days in the Employment Tribunal and involve more complex legal issues.

Our fees

£12,000 – £18,000

Barristers fees

£6,000 – £9,000

Complex and high values cases

These are cases that are expected to last more than two days in the Employment Tribunal and involve complex legal issues and/or high value claims.

Our fees

£18,000 – £24,000

Barristers fees

£15,000 – £25,000

In all cases

We will give an estimate of costs before the case begins, work in stages and keep you updated and advised in relation to costs as the case progresses. Our fees are calculated on the time which we spend on your case. We will provide you with details in relation to the members of the team who will work on your case, their level and qualification and status and their rates of charge was are based on their expertise and experience.

Disbursements

These are the expenses which are incurred on behalf of a party to proceedings during the course of the case. The main disbursement in Employment Litigation is the fee paid to the barrister. Please see above for estimated fees for a barrister to present you at the main hearing.  There may be cases where it is appropriate to instruct a barrister for a preliminary hearing or to provide specialist advice.  If so, we will advise you in relation to the cost of this.

There may be other expenses but there are no fees payable in the Employment Tribunal. The Employment Tribunal has the power to make deposit orders in weak cases and award of costs against a party to proceedings in certain situations.  We will advise on you any situation where such an order may be made. You will not, however, recover all or part of your legal fees in bringing proceedings in the Employment Tribunal in the ordinary course of events.

What additional work may be required?

There are certain steps which are likely to take place before the commencement of the proceedings and others which may occur during the course of the case that are not included in the ‘Work involved’ section above and are likely to increase the costs of the case.

  • Advising you on the law and of your prospects of success in the proceedings
  • Advising you on the evidence that will need to be given to the tribunal in support of your case
  • Assisting you in relation to ACAS Early Conciliation
  • Additional hearings during the course of the proceedings or following the main hearing
  • Postponement of a hearing or the adjournment of a hearing
  • Advice on an appeal and any steps taken in relation to the appeal.

What is the timescale for the key stages        

The timescale of proceedings is of importance to the parties to the case, but this can be difficult to predict in advance because many of the key stages will depend on the pressure of work in the Employment Tribunal from time to time.  Shorter cases may be listed for hearing when the case is commenced, but the case may not be heard on that date.  As a broad guide, the following are main time elements in the proceedings.

Before commencement of proceedings

ACAS Early Conciliation: 1 month

From submission of the claim to the tribunal

Issue of Claim and Response from Employer: 2 months

Preliminary Hearing (if listed): 2 –3 months

Disclosure of documents: 2 – 4 months

Final hearing (short case): 4 – 6 months

Final hearing (long case): 6 – 12 months

After the Final hearing

Written Judgment: 1 -2 months

Remedy hearing: 2 – 4 months

As we explain above, there are many factors that will influence the exact course a case takes and the timetable of events will can vary quite significantly from one case to another.

More information

We hope that this information is of assistance to you. During the course of the case, whether proceedings are issued or not, we will help you manage the costs of the case, by working in stages – for example of 5 or 10 hours at a time – and reviewing the position with you at the end of each stage.

If you have any questions about costs or in relation to the funding of employment litigation, please do not hesitate to raise these with us.

Meet the Employer Employment Tribunal claims team
Ray Crudgington
Managing Partner
greenwich
02083054224
ray.crudgington@grantsaw.co.uk
Maria Lati
Partner
Head of Residential Property
blackheath
02083054229
maria.lati@grantsaw.co.uk
Mike Clary
Partner
Head of Family
greenwich
02083054237
mike.clary@grantsaw.co.uk
Kalpa Prajapati
Partner
Head of Private Client
blackheath
02083053536
kalpa.prajapati@grantsaw.co.uk
Mario Savvides
Partner
Head of Commercial Property
greenwich
02083053531
mario.savvides@grantsaw.co.uk
Sarah-Kate Jackson
Partner
Head of Litigation
greenwich
02083054236
sarah-kate.jackson@grantsaw.co.uk
Adina-Leigh Collins
Litigation
Solicitor
greenwich
02083053556
adina-leigh.collins@grantsaw.co.uk
Aimal Gram
Commercial Property
Solicitor
greenwich
02083053524
aimal.gram@grantsaw.co.uk
Aisha Mohammed
Residential Property
Solicitor
greenwich
02083054228
aisha.mohammed@grantsaw.co.uk
An Le Tran
Commercial Property
Professional Support Solicitor
greenwich
02083054226
anle.tran@grantsaw.co.uk
Angus Young
Litigation
Solicitor
greenwich
02083054225
angus.young@grantsaw.co.uk
Atifha Aftab
Family
Solicitor
greenwich
02083054238
atifha.aftab@grantsaw.co.uk
Bimal Kotecha
Litigation
Solicitor
greenwich
02083053523
bimal.kotecha@grantsaw.co.uk
Charlotte Warren
Charlotte Warren
Private Client
Solicitor
blackheath
02083054231
charlotte.warren@grantsaw.co.uk
Claire Mac Mahon
Litigation
Solicitor
greenwich
02083053537
claire.macmahon@grantsaw.co.uk
Deborah Taite
Residential Property
Solicitor
blackheath
02083053542
deborah.taite@grantsaw.co.uk
Emily Pearce
Residential Property
Solicitor
greenwich
02083053526
emily.pearce@grantsaw.co.uk
Georgia Beales
Litigation
Paralegal
greenwich
02083054206
georgia.beales@grantsaw.co.uk
James McKimm
James McKimm
Corporate and Commercial
Solicitor
greenwich
02083054217
james.mckimm@grantsaw.co.uk
Jeremy Brooks
Jeremy Brooks
Private Client
Solicitor
blackheath
02083053534
jeremy.brooks@grantsaw.co.uk
Joanna Godden
Notary Public
Notary
greenwich
02083083535
joanna.godden@grantsaw.co.uk
Kim Whitaker
Kim Whitaker
Corporate and Commercial
Head of Corporate and Commercial
greenwich
02083053539
kim.whitaker@grantsaw.co.uk
Lauren Smith
Employment and Family
Paralegal
greenwich
02083053543
lauren.smith@grantsaw.co.uk
Maleeha Iqbal
Residential Property
Licensed Conveyancer
greenwich
02083054232
maleeha.iqbal@grantsaw.co.uk
Mandeep Clair
Family
Solicitor
greenwich
02083054235
mandeep.clair@grantsaw.co.uk
Michael Pope
Employment
Consultant Solicitor
greenwich
02083053540
michael.pope@grantsaw.co.uk
Michelle Pinnington
Michelle Pinnington
Residential Property
Solicitor
blackheath
02083054216
michelle.pinnington@grantsaw.co.uk
Noella Gooden
Employment
Solicitor (Australian qualified)
greenwich
02083053543
noella.gooden@grantsaw.co.uk
Raj Waghela
Raj Waghela
Residential Property
Solicitor
greenwich
02083053529
raj.waghela@grantsaw.co.uk
Randeep Thethy
Randeep Thethy
Residential Property
Solicitor
greenwich
02083054209
randeep.thethy@grantsaw.co.uk
Sarah Conner
Sarah Conner
Private Client
Solicitor
blackheath
02083054234
sarah.conner@grantsaw.co.uk
Simona Morina
Litigation
Solicitor
greenwich
02083053521
simona.morina@grantsaw.co.uk
Simran Lalli
Simran Lalli
Employment
Solicitor
greenwich
02083054208
simran.lalli@grantsaw.co.uk
Susan Collins
Commercial Property
Solicitor
greenwich
02083054200
susan.collins@grantsaw.co.uk
Tatiana Zenina
Tatiana Zenina
Private Client
Solicitor
blackheath
02083054239
tatiana.zenina@grantsaw.co.uk
Trisha Djemal
Trisha Djemal
Residential Property
Consultant Solicitor
blackheath
02083053546
trisha.djemal@grantsaw.co.uk
Tyrone Grant
Residential Property
Head of Leasehold Enfranchisement
blackheath
02083053522
tyrone.grant@grantsaw.co.uk
Denise
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Jamie
Support Staff
Head of IT
greenwich
02088586971
enquiries@grantsaw.co.uk
Jayne Lye
Support Staff
Office Manager
greenwich
02083054204
jayne.lye@grantsaw.co.uk
Kasia
Accounts Staff
greenwich
02088586971
enquiries@grantsaw.co.uk
Michael Tobin
Michael Tobin
Support Staff
Marketing and Business Development Manager
greenwich
02083053550
michael.tobin@grantsaw.co.uk
Laura Danquah
Compliance Manager
greenwich
02083054222
laura.danquah@grantsaw.co.uk
Sue Holness
Support Staff
Customer Services
greenwich
02083054221
sue.holness@grantsaw.co.uk