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EMPLOYMENT TRIBUNALS (for Individuals)

We currently have a small employment department who undertake work for individuals and our team currently includes:

Partner

Michael Sandys (Grade A)

Michael has over 15 years’ of experience in delivering high quality work in matters relating to Employment for individuals and organisations. He has particular expertise in Settlement Agreements and negotiations, restrictive covenants, contracts, TUPE and corporate re-structures.

Hourly Charging Rates (plus VAT at the prevailing rate)(20%)

Partner/Solicitors & Legal Executives with 8+ years’ experience                  £250.00

Solicitors/Legal Executives with 4+ years’ experience                                      £190.00

Other fee earners of equivalent experience                                                         £160.00

Trainee Solicitors/other fee earners                                                                      £125.00

PA/Secretarial and other non-fee earning/management                                 £  75.00

Please click on ‘Our People’ for more information

Unless otherwise agreed with you, our pricing for bringing and defending claims for unfair or wrongful dismissal are noted below:

Case Complexity  Pricing
Simple case £3,500 – £8,000 (excluding VAT)(20%)
Medium complexity case £8,000 – £20,000 (excluding VAT)(20%)
High complexity case £20,000 – £45,000 (excluding VAT)(20%)

The above pricing information is an estimation only and is not an agreement to a fixed fee.  We can give preferential rates in individual, certain circumstances.

Factors that could make a case more complex include:

  • 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 and/or against a number of parties
  • Making or defending a costs application
  • Difficulty taking instructions and/or changing your instructions or acting differently from the original basis of instruction
  • Other parties involved and their advisers not co-operating and/or not acting reasonably and promptly
  • You adopting an unreasonable position during negotiations or seek terms which are unlikely to be agreed or conceded
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties), whether the claims are brought in time (jurisdiction issues) whether the Employment Tribunal is the correct tribunal/court for the case to be heard.
  • The number of witnesses and documents
  • A number of different claims being brought at the same time
  • 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 or otherwise

Additional Fees

Employment Tribunal Attendance

If your Solicitor/Fee Earner is required to, or you wish them to attend an Employment Tribunal hearing, there will be an additional fee.  Depending on the length of the hearing, this will be charged at that Solicitors hourly charging rate, plus VAT(20%). The number of days in attendance would be dependent on the level of complexity of the case and for how many days it is listed by the Tribunal. The fee would be agreed with you in advance.  We may agree a fixed fee for this but again this will be done in advance.

Employment Tribunal Hearings can also be undertaken by Counsel (Barrister Advocates). Our estimate of charges would be as follows (excluding VAT(20%))

Brief Fee (this is for reviewing papers and preparation for Hearings plus

Attendance at the first day of the Hearing                                                     £750 – £3,000

Daily rate (for each day after the first day of Hearing)                                  £750 – £2,000

 Other Counsel (Barrister) Fees

We may also involve Counsel in reviewing and/or draft the claim/response and/or witness statements. We will only do this with your prior approval and will agree the associated fees with you in advance.

Damages Based Agreement

It is common to enter into a Damages Based Agreement (DBA) in relation to some employment matters. This is an agreement between you and us where our legal fees are only payable upon a successful outcome and in accordance with the terms of the DBA.  Pursuant to this arrangement you agree that we may receive your compensation and deduct our legal fees at a predetermined percentage in accordance with the agreed terms of the DBA.   Our current rate is between 25% and 35% of the settlement achieved, depending on salary and prospects of success.

Fixed Fees

In some circumstances we may be able to offer fixed fees for certain types of work completed, rather than charging an hourly rate

The following are indications of what charges may be payable depending on the complexity of the matter. These indications are not an agreement to a fixed fee.  All charges are exclusive of VAT(20%).

Initial face to face Consultation (capped to 30 minutes)                                £125.00

Standard/short letter to Employer (following initial consultation)               £  75.00

Letter before Action & liaison with ACAS for Early Conciliation                    £475.00

Settlement Letter & liaison with ACAS for Early Conciliation                        £475.00

Assistance with a grievance/disciplinary matter (including letters,

advice, preparation for meetings and strategy (but not attending

meetings)                                                                                                        £500.00

Settlement Agreements (fee to be paid by Employer)                                   £350.00

Settlement Agreement (fee to be paid for client for additional/more

complex advice                                                                                               Hourly Rate

Drafting & submitting ET1 claim with a basic (e.g. unfair dismissal/

wages) statement of claim                                                                             £500.00

Drafting & submitting ET1 claim with a complex (discrimination/

whistleblowing) element                                                                                £750.00 – £1,000

Disbursements

Disbursements are costs relating to your matter including, but not limited to, those that are payable to third parties. This includes court fees as well as costs such as travel expenses, photocopying charges and registered mail/couriers, where appropriate. We will handle such payments directly on your behalf to ensure a smooth process and we will invoice you for those disbursements.

Key Stages

Our fees agreed with you relate to key stages of your claim, including the undernoted. If all stages are not required, or you may wish to deal with certain stages yourself, then fees may be reduced. We will arrange and agree both elements with you in advance

  • Taking initial instructions and reviewing the papers. Advising you on merits and likely compensation (although this will be re-visited throughout the matter and may be subject to change)
  • Entering in ACAS pre claim conciliation where this is mandatory to explore whether a settlement can be reach
  • Dealing with a request for ACAS pre claim conciliation
  • Preparing a claim or response
  • Reviewing and advising on a claim or response from another party
  • Exploring settlement and negotiating settlement throughout he process
  • Discussing options and tactic with you
  • Preparing or considering any schedule of loss
  • Preparing for and dealing with a preliminary hearing
  • Dealing with disclosure of documents, including liaising with you, exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing the bundle of documents
  • Reviewing and advising on the other party witness statements
  • Agreeing a list or statement of issues / chronology
  • Preparation for and attendance at a final hearing (this include providing instructions to Counsel)
  • Liaising and corresponding with you, the other side and the Employment Tribunal/ ACAS throughout.

How long will my matter take?

The time spent from taking your initial instructions to the final resolution depends largely on the stage at which your case is resolved.

ACAS early conciliation may last up to four weeks and can be extended by up to a further two weeks where they believe there is a reasonable prospect of reach settlement by the end of the extended period and both parties agree.

If your claim proceeds to Final Hearing, a typical two day unfair dismissal hearing in the Liverpool Employment Tribunal would currently expect to be heard within 6-9 months depending on the Tribunal resources at the time.

These time periods are only estimates and we will provide you with a more accurate timescale once we have more information and as the matter progresses.

Alternative Funding Sources

You may have other funding options available such as cover under an Insurance policy called Legal Expenses Insurance and / or membership of Trade Union.

We will discuss these options with you at an early stage.

If you feel you have access to these arrangements, please let us know as soon as you become aware, if not at the outset of the matter.

Other alternative funding arrangements may be available on request and if appropriate.

More Information

Bringing a claim –  https://employmenttribuanls.service.gov.uk/apply

Employment Tribunal System – https://www.gov.uk/courts-tribunals/employment-tribunal