Employment Transparency Statement

Unfair Dismissal/Wrongful dismissal

Costs

Our charges set out here apply to this Firm representing you in relation to applications to an Employment Tribunal for unfair and/or wrongful dismissal.  

Our current charges for acting for you on a claim for unfair/wrongful dismissal are £220 per hour plus VAT.  We have a minimum charge of £100 plus VAT which covers a fixed fee advice appointment. 

As at January 2020, no fees are payable to the Employment Tribunal to commence your application, but government policy may change.

We would normally arrange for a specialist barrister to represent you at all hearings before a Tribunal. The amount of the barrister’s fees will depend upon the type of hearing and the time that the hearing is likely to take, along with the seniority of the barrister, and the complexity of the matter.  For example, a prehearing review may cost £600 to £1,000, whereas a final hearing may range from a £1,000 +vat to £3,000 +vat.

It is possible in some cases that additional expenses payable to third parties will be incurred, called disbursements.  Examples of disbursements that may be necessary are obtaining a report from an expert (such as a report from an employment consultant as to the prospects of your obtaining alternative employment, or an occupational therapist or medical expert relating to changes to work environment, or a report from an accountant in cases of mismanagement of finances) or undertaking searches relating to your employer. Other disbursements that may be incurred are travel expenses and parking fees, and court fees (if these are re-introduced at any stage).

It is very difficult to give an accurate estimate as to the total costs that may be incurred in relation to your matter as a whole, as these costs could range from several hundred pounds where matters are resolved by agreement at a very early stage for less complex cases, to several thousands of pounds where matters are either more complex, such as those involving additional elements to the claim such as sex discrimination, or whistleblowing, or which are not resolved and proceed to a final hearing.  Further to this, the number of witnesses from whom statements are to be taken, and reviewed, as well as the number of documents to be exchanged and reviewed, will also affect the amount of time that is required to be spent on the matter and thus costs.  As a general guide, simple cases for unfair dismissal and wrongful dismissal will range between £4,000 and £10,000  plus vat and disbursements.  Highly complex cases will range from £8,000 to up to £20,0000 plus vat and disbursements.  We will endeavour to provide you with a best estimate of costs for your particular case at the outset of the matter.  At each key stage, following receipt of the Response, the pre hearing review, the exchange of documents, and the exchange of witness statements, when the level and complexity of work anticipated may change, we will be able to advise you of any revision of our initial anticipated costs estimate.  You may choose to undertake certain tasks yourself and only seek to receive advice in relation to certain stages.  This will reduce costs to you.  A cost will be able to be provided to you in respect of each specific item of work to be undertaken by us on your behalf.

Key steps

As a first step in your matter we meet with you review your papers and advise you on the merits of your claim, and the likely compensation that might be achieved, at this stage. 

We would then compile a letter to your employer making it aware of your claim.  Such a letter, of itself, may be enough to persuade your employers to try to negotiate a settlement of your claim.  

If a settlement is not agreed, then the next step in the case would be for the matter to be referred to ACAS for early conciliation in the hope that ACAS could assist in bringing about a settlement.  

If that is not possible, or if your employer does not respond to attempts by ACAS to contact them,  we would need to prepare an application to the Tribunal on your behalf setting out your case formally. 

The Tribunal would then require your employer to file a response to your claim.  We would review this and advise you on the prospects of success and compensation in the light of this response.

Once the response has been filed, the Tribunal would then give directions as to the progression of your case to a final hearing, including the discovery of documents between the parties and the exchange of witness statements and the filing of a schedule of loss.  This will take place at a pre hearing review.

All steps necessary to be completed to final hearing such as the compilation of a list of relevant documents and exchange of the same, the taking and drafting of witness statements will need to be undertaken.

We will review the merits of your case and likely compensation throughout the course of the proceedings, because these may fluctuate depending on what further evidence comes to lights throughout the course of the proceedings.

Negotiation as to settlement of the action will take place throughout the process where relevant.

If matters are not able to be resolved through a negotiated settlement, a final hearing will need to be undertaken. Preparation for this will be necessary, to include agreeing a list of issues, a chronology,  an agreed bundle of documents and a witness list. Counsel will also need to be provided with a brief.

At each of these above stages the case will be reviewed, and our advice to you will be updated, as well as any costs estimate should this alter.

If a decision is made in your favour and your employer fails to comply with the decision, you would then be required to take steps to enforce the Tribunal decision. This would result in additional work being undertaken on your behalf, and potentially you may be required to pay Court fees (although you may be eligible for  help regarding these if your income and capital are low).   Any Court fee would depend upon the steps required to enforce any Tribunal decision.  This might involve arranging for a bailiff to seize your employer’s goods or obtaining a charging order against any property that it owns.  The time that would be involved in recovering any sum awarded to you would depend upon the means of enforcement used, and there is no certainty that enforcement attempts will be fruitful.

It is unusual for a Tribunal to order any Party to meet the costs of the other.  Each Party must generally meet their own costs.  In specific circumstances, however, one Party’s costs can be ordered to be paid by the other Party.  Such an order will be made where the Tribunal is of the view that a Party has acted vexatiously, abusively or disruptively  or has otherwise acted unreasonably during the course of the proceedings, or where the proceedings brought, in the Tribunal’s view, had no reasonable prospect of success from the outset.

Timescale

The Tribunal process does not tend to be fast.  The length of time that it will take to resolve will depend largely on what stage your case is resolved.  An average time for a simple case going to a final hearing  could be six months from the lodging of the application until you receive a final decision.  It would not be unusual for more complex cases to take over a year before a final decision is received, however.   If the matter can be resolved at an early stage via negotiation or ACAS, the matter may be resolved within  three months.  We shall at each key stage of the process be able to give you a more accurate timescale in the light of progress made at the time.

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contact

FARNBOROUGH OFFICE:

T: 01252 541633

E: law@dbande.co.uk

YATELEY OFFICE:

T: 01252 872617

E: yateley@dbande.co.uk

MILITARY EMERGENCY | 
24HR POLICE STATION:

07973 408686

 

Contact Us

Farnborough Office

Tel: 01252 541633

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Yateley Office

Tel: 01252 872617

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Davies Blunden & Evans (SRA Number 00280516) 
is authorised and regulated by the solicitors regulation authority.     

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