Employment Law – Services for Businesses – defending a claim for unfair or wrongful dismissal

Free initial advice (by telephone or Skype or Zoom) – 20 minutes FREE; or Initial fixed fee face to face interview – 1 hour (inclusive of 20 minutes free advice) £75. Any advice over 1 hour will be charged pro-rata at £175ph. 

Our full fees to represent you – not including fees for attending at the tribunal, will be £4000 to £5,000 (based on 25 to 30 hours of work). 

Work which will be included and key stages
The precise work and stages involved in defending unfair or wrongful dismissal claims will vary according to the circumstances. The key stages involved in a typical claim are:
• Taking your initial instructions, reviewing relevant papers and advising you on the merits and likely compensation should you lose.
• Entering into pre-claim conciliation (if mandated) to explore whether a settlement can be reached.
• Preparing a response.
• Reviewing and advising on the claim from the employee.
• Exploring settlement and negotiating settlement throughout the process.
• Considering a schedule of loss.
• Preparing for and attending a Preliminary Hearing.
• Exchanging documents with the other party and agreeing a bundle of documents.
• Taking witness statements, drafting statements and agreeing their content with witnesses.
• Preparing a bundle of documents.
• Reviewing and advising on the other party’s witness statements.
• Agreeing a list of issues and a chronology. 
• Preparation and attendance at Final Hearing for an additional fee

NOTE: Our service will not include any advice or assistance in relation to any appeal.

Approximate timescales
The time that it takes from your initial instructions to a final resolution of the case depends largely on the stage at which your case is resolved, that is of course if settlement is reached during pre-claim conciliation. If so your case is likely to take 1-2 months.

If the claim proceeds to a Final Hearing, your case is likely to take 3-6 months.

These are just estimates and we can give you a more accurate timescale once we have more information and as your case progresses.

Factors that could increase costs
In some circumstances we may increase our fees to account for additional time, work or skill required to meet your instructions.

Such Examples include:
• If it is necessary to defend applications to amended claims or provide further information about an existing claim.
• If we defend a costs application.
• If there are 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 there is an automatic unfair dismissal claim e.g. if the person has been dismissed after blowing the whistle on their employer.
• If there are allegations of discrimination which are linked to the dismissal.

Notes

1. VAT is payable (where applicable) in addition to  our fees, and you may also need to pay court fees in addition to our fees. 

2. The fixed fee scheme requires you to provide reasonable instructions in a reasonable and timely manner.  

3. If the proceedings become unexpectedly complicated  we reserve the right to charge for this extra work on a time spent basis.

4. If we need to involve outside experts, you will be liable for their fees.

5. The fees set out herein do not include representation at court hearings.  

6. The fees for each stage are payable in two parts. 50% is payable at the start of each stage and 50% at the end of each stage.

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