Defending Unfair Dismissal claims

Before any proceedings take place, we like to discuss the details of your claim with a view to deciding if we feel that the matter can or should be taken further and the potential success of your claim. 

This is done on a fixed fee basis of a 1 hour meeting.

We offer two options for this service - one without follow up written advice and one with written advice so that you can take the information away and take the time to review this and decide if you would like to move forward.

• Initial Advice Meeting - Without written advice  -  £300.00 (excluding VAT)
• Initial Advice Meeting - With written advice  -  £300.00 > £600.00 (excluding VAT)

Following the meeting, we will advise if we think you have a potential case and if so, we will advise of the complexity of the matter.

Depending on the complexity of your case, we will then advise if this falls under our Simple, Medium or High Complexity pricing as detailed below.

Our pricing for bringing and defending claims for unfair or wrongful dismissal

• Simple case: £3,000.00 > £4,500.00 (excluding VAT)
• Medium complexity case: £4,500.00 > £6,000.00 (excluding VAT)
• High complexity case: £6,000.00 > £9,000.00 (excluding VAT)

Factors which determine the complexity of your case:

• 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
• 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. where the employee claims to have been dismissed after blowing the whistle on you as their employer
• Allegations of discrimination which are linked to the dismissal

Factors which may increase overall costs:

• There will be an additional charge for attending a Tribunal Hearing of £2,100.00 > £3,000.00 (excluding VAT) per day (depending on level of the Lawyer). Generally, we would allow 1-5 days depending on the complexity of your case.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees.

We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel's fees estimated between £1,500.00 to £2,000.00 plus VAT (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

Key Stages

After Stage 1 (Initial Advice meeting) if you instruct us to proceed with defending the employee’s claim, the following stages apply

Stage 2 – Preparation of ACAS / COT3 agreement (if applicable)
Before proceedings get too far, a settlement may be reached between you and previous employee and so an Early Conciliation Procedure takes place. This is done though what is called a COT5 agreement and has to be done though ACAS (who provide impartial advice in Employment matters both for employees and employers). A COT5 is a mutually agreed document between you and your previous employee but will usually only relate to a particular complaint rather than all claims. If this does occur, this will mean no further proceedings are needed.

Stage 3 – Preparation of ET3 including Grounds of Resistance
Following Stage 1 (and if stage 2 is not applicable), we will then prepare your ET3 form and Grounds of Resistance. These documents form the defense and direct response to the employee’s ET1 form (the ET1 is their claim outlining their case and nature of dispute against you). 

Stage 4 - Preparing for the Hearing
During this time, we will prepare a number of documents required for the hearing. These include a List of Documents which support your defense, a schedule of loss which details any financial losses you may have suffered as a result of having to dismiss the employee, witness statements from managers, colleagues, HR etc and preparation of the bundle to Counsel who will represent you as a Barrister at the Hearing.

• Preparation of List of Documents
• Preparation of Schedule of Loss
• Witness Statements
• Preparation of Brief to Counsel

Stage 5 – Hearing
Under normal circumstances, only your Counsel/ Barrister will attend the hearing as they will have been fully briefed on your matter beforehand. However, in circumstances, we may need to attend in addition to counsel or if you request us to be there for the hearing. We would be able to advise nearer the time if this is the case.

**The stages set out above are an indication only and if some of stages above are not required, the fee will be reduced. 

Timescales

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 4-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 4-8 months depending no the complexity of the case. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.