Employment Dispute Resolution

In this constantly changing area of law you require only the best professional support. Whichever aspect of employment law you need help with we can provide prompt and practical advice to you or your small or medium sized business. At AMD our employment solicitors can respond to any of your legal needs and are always here when you need us the most.

Regardless of whether you are an employee or employer; we will provide valuable assistance regarding disputes including grievance and disciplinary procedures, redundancy, unfair dismissal, discrimination and redundancy claims.

We can either prepare a case and act on your behalf at Tribunal or advise you how best to go about this should you wish to represent yourself.

How much will it cost?

Our fees are calculated on a time spent basis at an hourly rate. The hourly rate is determined by the skill and expertise of the Solicitor carrying out the work but will vary between £185 plus VAT and £205 plus VAT. Timed attendances and telephone calls, preparation, drafting and reading documents are charged at our hourly rate.

Our total fees will vary depending upon your individual situation and requirements. If you instruct us, we will provide you with an estimate of costs based on your individual circumstances. However as a guide we have set out below some example costs.

Example Costs

The costs involved in a tribunal claim are dictated by a number of factors including:

• the complexity of the case, which may have multiple heads of claim arising from the facts
• the evidence available
• the number of documents
• the number of witnesses
• the attitude of your opponent or its lawyers
• the issues identified in the case
• the number of telephone and in-person tribunal hearings required; and
• the number of days fixed for a final hearing if a case needs to go to trial.

As a rule of thumb, half the costs in a claim are spent in the detailed preparation leading up to the hearing and the other half are incurred at the hearing itself.

A relatively straightforward wages claim may cost approximately £400 plus VAT to prepare if you opt to attend the hearing yourself and have your documents in order to prove the claim.

An unfair or wrongful dismissal claim may typically cost in the range of £5,000 to £15,000 plus VAT for between a 1 day and 3 day case.

A discrimination claim may typically cost between £5,000 to £15,000 plus VAT, or more, if it involves a multi-day hearing with numerous witnesses to be examined and a lot of documents.

Please note:  The range of costs detailed above for unfair dismissal claims and discrimination claim include the likely costs of representation by either a solicitor or an employment barrister at a pre-agreed fee, which you would be asked to pay on account in advance of the hearing.

In addition to our fees, disbursements may include Counsel’s fees, expert fees and travel/witness expenses. Counsel’s fees will vary, depending on how senior the barrister is but as a guide:-

• 1-day hearing: £2,000 – £3,000 plus VAT
• 3-day hearing: £5,000 – £7,500 plus VAT

Work covered

The fees detailed above cover all of the work in relation to the appropriate key stages of a claim, such as,

• Taking initial instructions – important because clients often do not know what facts give rise to which claims
• Reviewing the papers, advising on the strength of a claim and the likely compensation (which would be revisited throughout the matter and subject to change)
• Dealing with early conciliation which is mandatory, and to see if a settlement can be reached
• Speaking to the other side, be it the employer’s HR representative or the employer’s lawyer
• Preparing the legal claim, or response
• Reviewing and advising on a claim or response from other side
• Exploring settlement possible settlement throughout the process
• Preparing or considering a statement of the value of the claim
• Preparing for (and attending) a Preliminary Hearing at the Tribunal
• Exchanging documents with the other party and agreeing a bundle of documents
• Taking witness statements, drafting statements, referencing the documents from the tribunal bundle and ensuring key evidence is dealt with in statements and agreeing their content with witnesses
• Considering and applying for witness orders
• Reviewing and advising on the other party’s witness statements
• Agreeing a list of issues, a chronology and/or cast list if required
• If representing a client at a hearing, scripting cross-examination questions, preparing written case submissions and obtaining relevant case reports
• If instructing a barrister, preparing a detailed brief in good time for the hearing
• Reviewing a judgment and if instructed, advising on appeal or instructing the barrister to do so

Claims can be settled at any time up to the Tribunal delivering its full judgment.  Starting a claim does not mean it will inevitably go to a hearing but you should be fully prepared for it to do so.

To find out more or to book an appointment call AMD today on 0117 923 5562 and ask to speak to a member of our Employment Disputes team. Alternatively email our experienced Employment Solicitor Nick Howell to arrange an immediate and free consultation on all employment disputes.