A business can find itself before an Employment Tribunal for many different types of claims brought by an employee of that business. These can include discrimination claims of all types and failures to consult in time in respect of business transfers. The most common reason for a business to be on the end of an Employment Tribunal claim is for unfair or wrongful dismissal (‘Dismissal’).
There are four main stages of defending an Employment Tribunal claim relating to dismissal:
- Initial investigation and initial advice.
- Lodging defence (known as an ET3) to the Dismissal claim.
- Detailed investigation and case management including dealing with documents and witnesses.
- Final hearing.
The total cost of defending the Dismissal claim and our service will depend upon: the complexity of any legal argument; the number of witnesses; the time each stage takes, particularly the number of days the final hearing will take and finally, the experience and abilities of the barrister instructed to present the final hearing (‘the Cost Factors’).
All of the key work, will be undertaken by Mark Hughes. Mark has both a Bachelor’s (LL.B) and a Masters (LL.M) Degree in law. He has been a solicitor since 1984 and has been advising clients in connection with employment disputes and Dismissal claims since 1991. More details about Mark can be found in the ‘Our Team’ section of this website. Mark is sometimes assisted in Dismissal claims by Adam Benton. Adam is a trainee solicitor and will carry out most of the routine and administrative work, to keep the cost to you down. Mark charges £201.00 per hour plus VAT for his work and Adam charges £111.00 per hour plus VAT for his work. Adam regularly works with Mark on all aspects of Mark’s practice, including Dismissal claims. You will have the right to insist that Mark does all work, but this too will add to the figures set out below. Stage (iv) work will be undertaken by a barrister on Mark’s recommendation, who specialises in Dismissal claims.
The range of costs depending upon the Cost Factors for each of the four stages will be in the range:
- £350-£2,000.00 plus VAT.
- £200- £1,200 plus VAT.
- £400- £7,500.00 plus VAT (based on a maximum of five witnesses).
- £2,000.00 plus VAT (based on a one day hearing with a barrister of 19 years’ experience).
The cost of stage (iv) can vary significantly. The range is based on a single day final hearing. Final hearings can be more than a single day and if this so, the costs will inevitably rise. Very often a barrister will appear without Mark or Adam being present. Occasionally a barrister will request someone to assist at the final hearing. This will also increase the cost. If either of these situations were to apply both would be thoroughly discussed and agreed beforehand, as would the choice and cost of a specialist barrister.
Timescales for Dismissal claims can vary significantly. Much will depend upon the complexity, the estimated length of the final hearing and where in the country the final hearing takes place. In all matters of cost and timescale, estimates will be provided to you. You will also be able to fix a limit upon you pay to us and normally we would suggest that this is done with reference to the four main stages. If you do this, then we would only be obliged to provide our professional services up to the agreed limit (financial or stage) and would not be obliged to take the business’s Dismissal claim to its final determination.
We also support business by dealing with other types of claims that a businesses can face if taken to an Employment Tribunal. Please talk to us about our charges in non-Dismissal cases.
For a bespoke quote please call the New Enquiry Team on 01922 646 400 or send us a message using the form on the right hand side of the page.
Or if you would like to know more about our Employment services please click below.