Defending Employment Claims
If you, as an employer, are unfortunate enough to have a claim issued against you, you must act promptly to mitigate financial losses and damage to your business's reputation.
If you are contacted by an ACAS Early Conciliator informing you that either a current or ex-employee is intending to issue a claim against your business, ACAS will be making contact to see whether an amicable resolution can be reached before a claim escalates to an Employment Tribunal. Alternatively, you may receive an ET1 form from the Employment Tribunal informing you that a claim has been issued against your business.
Employment Claims can arise from;
- Harassment and Victimisation
- Unfair Dismissal
- Constructive Dismissal
- Breach of Contract
- Unlawful deduction from wages
- Wrongful Dismissal
In such circumstances, to protect your business from potential large awards and reputational damage you;
- need to act quickly
- should read carefully the allegations being raised
- obtain information in order to gather together your version of what happened
- consider obtaining specialist legal advice
- prepare a defence.
- liaise with the Employment Tribunal
- prepare for any hearing
Managing an Employment Tribunal case is complex, time-consuming and can cause reputational and financial damage to your business. If you've had a claim raised against your business call us today and we can advise how we could help you and allow you to focus on running your business rather than managing the claim.
Employment Law Pricing for employers
Our pricing for bringing and defending claims for unfair or wrongful dismissal, unlawful discrimination or whistle blowing.
We charge based on an hourly rate which varies depending on the member of staff dealing with your matter. Our employment law hourly rate is £230 plus VAT. The seniority of the members of staff dealing with your case will depend on its complexity. We will discuss this with you when you instruct us.
Factors that could make a case more complex:
- 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
- Making or 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. if you are dismissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to the dismissal
Disbursements are costs related to your matter that are payable to third parties, such as court fees or Barrister’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees estimated between £1,500 to £4,000 per day excluding VAT, charged at 20% (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change), 2-6 hours, £460 to £1,380 plus VAT
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached, 1 hour – £230 plus VAT
- Preparing claim or response, up to 9 hours, £2,070 plus VAT
- Reviewing and advising on claim or response from other party 1 – 2 hours £230 to £460 plus VAT
- Exploring settlement and negotiating settlement throughout the process to be charged on an hourly basis
- preparing or considering a schedule of loss, 1 – 2 hours, £230 to £460 plus VAT
- Drafting list of issues and agenda for a 1 hour Preliminary Hearing – case management – depending on the complexity, 4-6 hours – £920 to £1,380 plus VAT
- Exchanging documents with the other party, agreeing and preparing a bundle of documents, 2-6 hours, £460 to £1,380 plus VAT
- Taking witness statements, drafting statements and agreeing their content with witnesses, between 4 and 15 hours – depending upon how much assistance/input is required £920 – £3,450 plus VAT
- Correspondence/attendance with yourself, the Tribunal, ACAS, the Claimant/the Claimant’s representative to be charged on an hourly basis
- Instructions to Counsel to attend final hearing, 3 hours – £690 plus VAT
- Preparing for and attending conference in Counsel, 4-6 hours, £920 to £1,380 plus VAT
The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.
How long will my Employment matter take?
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- 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26-104 weeks.
Contact our Employment Law Solicitor
If you’re a Business Owner, Director, Senior Manager or HR Professional, call us today on 0161 785 3500 for a Free, No-Commitment, Confidential, Informal chat to discuss how we can help you solve any Employee Issues.