If your organisation becomes involved in an Employment Tribunal claim, our in house employment law solicitor can assist from inception by ACAS to settlement prior to a full Employment Tribunal hearing or representation as full Employment Tribunal hearing.
Types of Employment Tribunal Claim
Employment law in England and Wales is a complex issue, especially when managing day-to-day operations. As an employer you must respect employee statutory rights that exist in England and Wales and operate correctly as a business to ensure you don’t face any legal ramifications.
There are many of legal claims that an employee can make against an employer in an Employment Tribunal, however the most common types of claims related to breach of contract for failure to give or pay proper notice, unlawful deduction of wages, failure to pay holiday and sick pay as a result of incorrect employment status, unfair dismissal including selection for redundancy, disability and pregnancy discrimination and automatic unfair dismissal claims flowing from a TUPE transfer.
It is free for an employee or worker to issue a claim in the Employment Tribunals but it can be costly for an employer to defend the claim. There are 10 main employment tribunals up and down the country and at the minute all are working past full capacity, indicative of employees willingness to try and enforce their statutory employment rights.
Employment Tribunal claims can be daunting to deal with. Time limits for responding and bringing claims are very strict so if you have received notice of a claim, or wish to bring a claim, do not hesitate to get in touch and we can provide rapid assistance.
How much will it cost?
The fees involved in this type of work will vary dependant on the complexity of a claim. A single claim from a former employee for a procedurally unfair dismissal will be very different to a complex claim of direct and indirect discrimination on the grounds of race and religion from an employee still be working in the organisation. A simple claim might cost in the region of £5000 plus VAT in fees; a highly complex claim could be in excess of £25,000 plus VAT – with court fees, barristers fees, and travel expenses in addition to those sums. Any financial award made against you by the Employment Tribunal would be a further cost again.
We try our best to help reach an amicable settlement solution between the parties as soon as possible, but in some cases, complex and acrimonious situations need a more robust approach to send a clear message to employees that organisational funds and reputation are precious and will be defended.
We pride ourselves on offering affordable hourly rates to our sector in the knowing that funding is hard to secure. We can also work with an insurance partner to cover up to £10,000 of legal costs provided that insurance is in place before the dispute reaches ACAS.
Below is an breakdown fee estimation that a litigated case may attract depending on the level of complexity.
- Taking instructions/initial advice on merits: £400 – £1000 plus VAT
- Correspondence with all parties and advisors (for example, ACAS pre-conciliation processes or instructions to Counsel): on hourly rates plus VAT
- Preparation of claim or response to claim for submission to the Employment Tribunal: £1200 – £1600 plus VAT
- Ongoing advice on merits, options and tactics as the case progresses: on hourly rates plus VAT
- Preparation of document lists and tribunal bundles: £800 – £1200 plus VAT
- Continuing correspondence with the Tribunal, preparation of any additional documents ordered by the Judge (for example cast lists or chronologies) and correspondence with opponents with regards directions and hearings: on hourly rates plus VAT
- Witness statements: £800 – £1600 plus VAT per statement
- Considering and preparing schedules of loss: £400 – £800 plus VAT
- Attendance at hearings or tribunals to assist Counsel (if requested): £400 – £750 plus VAT per day
- Settlement paperwork (either as a COT3 with ACAS or independently): £400 – £800 plus VAT
If it is in your best interests, we will suggest working with a specialist barrister to present your case at an Employment Tribunal. We may also ask a barrister to review claims, responses and witness statements if thought necessary. A barrister’s fees vary significantly according to experience, but a direct instruction can often be a very cost effective way of dealing with a claim. Both the selection of a suitable barrister and their fees will be agreed with you in advance. From past experience, fees for a barrister could be anywhere from £750 – £3000 plus VAT for the initial instruction (including attendance on the first day of a hearing), with additional fees of £750 – £2000 per day if a hearing takes longer.
Costs are always kept under review and updates provided to you as the matter progresses.
Our Specialist Team
Sam Butler is a partner who specialises in employment law and has experience of representing both claimants and respondents in Employment Tribunal claims. He has dealt with a variety of claims relating to discrimination, harassment, and victimisation, TUPE, unlawful deduction of wages, and dismissals. Sam can handle your claim from start to finish including managing negotiations with your opponent directly, or their legal representatives.
Sam is also able to represent clients at preliminary hearings and is experienced in working alongside barristers when preparing cases and if final hearings need to take place.
Bo Escritt is a senior partner and has over 20 years’ experience of working as a Human Resources professional and is a member of the Chartered Institute of Personnel and Development.
Natalie Styles has 20 years’ experience in the field of HR has been across a variety of industries and in both the private and not for profit sectors. She has recently been appointed as a non-legal member of the London South Employment Tribunal.
We promise to set out the details of the person who will be responsible for your case at the start, in our letter of engagement, along with details of their hourly rates which range from £200 plus VAT per hour (for partners) to £100 plus VAT per hour (for a trainee solicitor). We also have access to some of the best barristers, pension and tax advisory experts. Should we need to engage their services on your behalf we will inform you in advance of additional charges.
Our fees and some disbursements are subject to VAT at 20%. Disbursements are charges payable in addition to our fees, normally to a third party. They can include fees payable to HM Land Registry, barristers or search providers. The amount charged for the disbursements depends on a number of different factors. We will be able to advise you of the correct charges when we have all the necessary information from you.
The above stages and factors are only indications, and cannot be a complete list: the work required will vary dependant on the facts of each specific case. Equally, the time to resolve a claim will vary: ACAS early conciliation may take from one to six weeks to complete, and if a claim proceeds the date scheduled for a full hearing could be 6- 12 months in the future. We would keep you updated on likely timescales as your claim progresses.