Price and Service Information – Defending Claims for Unfair and Wrongful Dismissal

Price and Service Information – Defending Claims for Unfair and Wrongful Dismissal

1.              Introduction

Instructing solicitors can seem like a daunting process but it is easier if you clearly understand the scope of work that will be undertaken for you, how long it will take and how much you will be charged for this.

We are always very happy to discuss such matters with you, both before we undertake any work for you and at any point whilst any of your matters are progressing.

Transparency and a clear understanding of the scope of work, timescales for delivery and costs will be important for you, and are a fundamental part of our service, which has contributed in no small part to us building trusted, longstanding client relationships over a number of years. We would very much welcome the opportunity to start that journey with you too.

Since December 2018, in accordance with their Transparency Rules, the Solicitors Regulation Authority has required all solicitors to publish on their website certain key information for particular areas of legal work. You will find that information set out below for our legal services in connection with Unfair and Wrongful Dismissal claims.

Whilst we hope that you find this useful, because this information needs to cover a number of scenarios, it is unfortunately lengthy and not as simple as we would like it to be for you.

So, if you need any legal assistance and think that we may be able to help (including matters relating to Unfair and Wrongful Dismissal claims), please do contact us directly (whether over the telephone or by email) so that we can properly understand the assistance that you require and how best we help you.  This will then enable us to provide you with a tailored estimate of charges for your particular requirements, which we are sure will be much clearer and easier for you to understand since they will reflect your exact requirements.

If you would like to provide us with details of your particular circumstances and requirements, click here to request a detailed quote / to arrange a meeting. We would be very pleased to hear from you so that we can assist you with the clear and transparent information that you need.

2.              Our Fees

For work in connection with Unfair and Wrongful Dismissals, our charge is calculated on a time basis on the following hourly rates:

Partner:           £235 – £250.00 (plus VAT)

Paralegal:        £120.00 (plus VAT)

Whilst we can provide estimates of costs at each stage of the proceedings, we do not apply fixed fees for this type of work and we do not accept instructions on a “no win no fee” basis.

Our charges in relation to defending claims for unfair or wrongful dismissal or other Employment Tribunal claims, vary according to the complexity of the case we are dealing with. However, (based on the Scope of Work below) we set out below the bands of charges within which different types of cases will generally fall:

Simple case:

£5,000.00 – £10,000.00 (plus VAT)

Medium complexity case:

£10,000.00 – £20,000.00 (plus VAT)

High complexity case:

£20,000.00 – £50,000.00 (plus VAT)

The factors that can make a case more complex are as follows:

  • defending claims that are brought by litigants in person;
  • defending claims which comprise multiple heads of claim;
  • where it is necessary to make or defend applications in the Employment Tribunal during the course of the claim (e.g. applications to amend the claim or response or to provide further information or to seek further directions generally);
  • complex preliminary issues such as whether the Claimant is disabled, if this is not agreed by the parties;
  • number of days for which the case is listed and the number of witnesses and documents involved;
  • cases of automatic unfair dismissal e.g. dismissal or being subjected to a detriment as a result of whistleblowing or discrimination;
  • where one of our lawyers (as opposed to Counsel) handles the advocacy at the full hearing.

Generally, we would work on the basis of a hearing lasting 2 to 3 days for straight forward cases and 5 days or more for the more complex ones.

3.              Disbursements:

Disbursements are costs related to your matter that it is necessary for us to pay to other people, businesses, agencies or entities on your behalf. We will ask you to provide us with the funds in advance to pay these costs.

Anticipated disbursements are:

Counsel’s Fees (for cases where we do not deal with the advocacy at the full hearing).  Counsel’s fees are generally estimated at between £1,500.00 – £2,500.00 (plus VAT) per day although they can be higher depending on the experience of Counsel.  Again, generally, we would work on the basis of a hearing lasting 2 to 3 days for straight forward cases and 5 days or more for the more complex ones.  This fee will include Counsel’s  preparation for the hearing but if you require a meeting with Counsel before the hearing, then this may increase the cost by £1,000.00 – £2,000.00 ( plus VAT).

4.              Scope of Work

Included in Our Fees as set out above is the following work:

  • taking initial instructions at a meeting at our offices, reviewing the papers and advising you on the merits of defending and likely potential liability for compensation. We will keep that advice under review during the course of the proceedings;
  • discussing the case with ACAS and conducting any negotiations for settlement;
  • preparing the Employment Tribunal response;
  • considering and advising upon a Schedule of Loss;
  • preparing for and attending a preliminary hearing. There may be an additional charge if the hearing is outside of the Yorkshire region;
  • preparing lists of documents and exchanging documents with the other party and agreeing preparing a bundle of documents;
  • taking Witness Statements, drafting Statements and agreeing them with the witnesses. Exchanging Witness Statements;
  • reviewing and advising on the other party’s Statements;
  • instructing Counsel where applicable;
  • attending the hearing (including where Counsel is instructed);
  • advising on the question of appeal should the outcome be unfavourable.

Our Fees as set out above do not include:

  • additional stages to those set out above, the stages set out above are an indication based on a typical Employment Tribunal claim. If some stages are not required, or additional stages need to be included, then the fee may be reduced or increased accordingly e.g. if you are dealing with the case yourself.  If you do this and take advice from us on an ad hoc basis, would provide about our fees on an alternative basis, depending on how much input is actually required.

5.              How long is my matter going to take?

The length of time taken to deal with your matter depends on whether your case proceeds to a full hearing or is resolved through settlement or withdrawal beforehand.  Hearing times vary from region to region, but if your claim proceeds to full hearing, you should allow 4 -6 months depending on the length of the hearing. This is just an estimate and we will of course give you a more accurate timescale once we have more information and the matter progresses.

In the case of wrongful dismissal claims (or other breach of contract claims) exceeding £25,000.00 will need to be pursued through the civil courts.  Our charges in relation to defending civil court action are charged on a very different basis.  Please contact us for further information.

6.              Individuals dealing with your matter

Jonathan Dale

Jonathan is head of our Employment Department with over 30 years’ of experience advising employers on a full range of employment matters.  He is particularly noted for his expertise in devising effective strategies to secure the removal of underperforming executives and the negotiation of severance terms.   He also heads up our Business Immigration Team.

Nick Wilson

Nick advises public and private sector employers on a range of employment matters.  He regularly represents employers as an advocate at Employment Tribunals nationally and Employment Appeal Tribunal.

Julija Jermakova

Julija is a Paralegal in our Employment Department.  As an associate member of the Chartered Institute of Personnel Development (CIPD), she has considerable knowledge of HR best practice.  Julija has particular expertise advising clients on compliance with General Data Protection Regulations (GDPR) and also assists Jonathan Dale on business immigration matters.  She is also fluent in Russian and Latvian.

Julija works alongside the Partners in the Employment Team supporting them on contentious and non-contentious matters.

Nick Fraser

As a former in-house lawyer, Nick has considerable experience in the areas of Corporate, Commercial, Employment and Pensions Law.  His particular expertise is corporate restructuring and simplification. He was a Solicitor and Group Company Secretary in a large pharmaceutical and chemical business.

Fiona Philips

Fiona is a Chartered Accountant and Chartered Tax Advisor with many years experience advising private and public companies on all their aspects of corporate tax affairs.

 

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Call us

Hull+44 (0)1482 325 242

York+44 (0)1904 275 250

Grimsby+44 (0)1472 267 770

Scarborough+44 (0)1723 882 500

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