Unfair and Wrongful Dismissal
I advise both employees and employers on whether or not a particular employee may have been wrongfully or unfairly dismissed.
For more information about my experience and qualifications click here https://www.duxburyssolicitors.co.uk/about-me
The difference between wrongful dismissal and unfair dismissal is as follows:-
Wrongful dismissal arises from a breach of contract, such as a failure to pay notice pay.
Unfair dismissal or constructive dismissal arises from an infringement of an employee’s statutory rights.
Whether you are an employee considering bringing a claim for wrongful or unfair dismissal on an ET1 Form (the claim form outlining your case and the nature of the dispute), or an employer wanting to enter a response on an ET3 Form (the response form when a claim has been made), I can advise you on your options and your prospects of success at an employment tribunal hearing.
Your options are likely to include achieving an early settlement through the Advisory, Conciliation and Arbitration Service (ACAS); or negotiating a settlement by means of a settlement agreement, or pursuing or defending the claim at an employment tribunal.
I advise both employees and employers on the time limits for bringing or defending a claim, and the likely amount of compensation to be awarded should the claim be successful. I have considerable experience in negotiating settlements in these circumstances. In practice, both employees and employers often prefer to negotiate a settlement of the claim in order to avoid the cost, stress, time and work involved in preparing for an employment tribunal hearing.
In cases where claims are pursued to the employment tribunal, I can advise both employees and employers on the conduct of the case from the initial stages right through to the hearing itself.
Legal costs for bringing or defending claims for unfair or wrongful dismissal
I charge legal fees based on an hourly rate of £220. There are no other members of the team, so this is always the hourly rate that you will be charged. My firm is not registered for VAT so you will not be charged VAT on top of my legal fees.
The range of legal fees for bringing or defending a claim to an employment tribunal for unfair or wrongful dismissal is as follows:-
Simple case: £5,000 - £7,000 (no VAT)
Medium complexity case: £7,000 - £12,000 (no VAT)
High complexity case: £12,000 - £15,000 (no VAT)
There will be an additional charge of £500 (no VAT) per half day for me to attend an employment tribunal hearing. This will not usually be necessary, as in the majority of cases clients will be represented by counsel, also known as a barrister, who will conduct the advocacy at the employment tribunal. However, you may decide that you would like me to attend the employment tribunal alongside counsel.
If the matter proceeds to an employment tribunal hearing, you will also be charged counsel’s fees in addition to my legal fees. The likely range of counsel’s fees is set out below under the heading ‘Disbursements.’
The majority cases are of simple or medium complexity and are dealt with in half a day to 2 days.
Factors that could make a case more complex:
If it is necessary to make or defend applications to amend claims or responses.
If it is necessary to provide further information about an existing claim or response.
Defending claims that are brought by litigants in person.
Making or defending a costs application.
Complex preliminary issues such as whether the employee (known as the claimant) is disabled (if this is not agreed by the parties).
The number of witnesses and documents.
If it is necessary to submit expert witness evidence, such as a medical report.
If it is an automatically unfair dismissal claim eg. connected to the Transfer of Undertakings (Protection of Employment) Regulations - known as a TUPE transfer.
Allegations of discrimination which are linked to the dismissal.
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as counsel’s fees. Regardless of whether I am instructed by you as the employee or the employer, I will handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees for advocacy at an employment tribunal hearing are estimated at £1,800 to £3,000 per full day (excluding VAT, which will be charged at 20%) depending on the experience of the advocate, including preparation. If your case does not proceed to an employment tribunal hearing, and is settled before counsel is instructed or does any preparation, you will not incur any counsel’s fees.
You do not have to pay a fee to make a claim to an employment tribunal, or to defend a claim. You may have to pay other costs, for example: witness expenses, or the costs of the people or organisations you're claiming against, but this is only if the employment tribunal decides you've acted unreasonably.
The likely range of witness expenses is between £500 and £1,500 (excluding VAT, which will be charged at 20%) depending on the experience of the witness giving evidence on your behalf, who could be, for example, a medical consultant.
The likely range of costs that you might have to pay (either to the people or organisations you are claiming against, or to the claimant), should the employment tribunal decide you’ve acted unreasonably, is not fixed. The costs are at the discretion of the employment tribunal, who will take into account the degree of unreasonable conduct and the costs of the other party. The likely range of costs incurred for unreasonable conduct is between £2,000 and £12,000 (excluding VAT, which will be charged at 20%). These costs are much more commonly incurred by litigants in person eg. those without legal representation than those with legal representation.
Key stages
The costs set out above cover all the work in relation to the following key stages of a claim.
The stages set out below are an indication only. If some of the stages below are not required, the costs will be reduced.
Taking your initial instructions, reviewing the papers and advising you on the merits of the claim and likely compensation to be awarded (this is likely to be revisited throughout the matter and could be subject to change).
Entering into pre-claim conciliation with the Advisory, Conciliation and Arbitration Service (ACAS) where this is mandatory to explore whether a settlement can be reached.
Preparing the claim or response.
Reviewing and advising on the claim or response from the other party.
Exploring settlement and negotiating settlement throughout the process.
Preparing or 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 evidence, drafting witness statements and agreeing their content with witnesses.
Preparing the bundle of documents.
Reviewing and advising on the other party’s witness statements.
Agreeing a list of issues, a chronology and/or cast list.
Preparation and attendance at the final hearing, including instructions to counsel.
How long will my matter take?
The time that it takes from taking your initial instructions about bringing or defending a claim of unfair or wrongful dismissal 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 with the Advisory, Conciliation and Arbitration Service (ACAS), your case is likely to take 2 - 6 weeks. If your claim proceeds to a final hearing, your case is likely to take 4 - 8 months, depending on the waiting time at the particular employment tribunal where the claim is listed for a hearing. An average length of time for a case to proceed to a full hearing is around 6 months. This is just an estimate and I will be able to give you a more accurate timescale once I have more information and as the matter progresses.
To discuss your situation please call me on 07900 695142