There are a limited number of situations in which an employer is allowed to dismiss an employee from their job.
These include misconduct, incapability and redundancy. If other circumstances are given as the reason for the dismissal this may give rise to an employment tribunal claim for unfair dismissal.
If an employer wants to dismiss an employee they must follow a minimum procedure under the law. If they don’t, the employee may be able to bring a claim for unfair dismissal in an employment tribunal.
In some circumstances a dismissal will automatically be unfair. This may be the case if an employer dismisses an employee for trying to assert their rights, or if the employee is dismissed for reasons relating to pregnancy or maternity leave.
If you are an employer dealing with a dismissal situation, or if you are an employee who feels that you have been dismissed unfairly, please contact Eric Robinson Solicitors. We will be able to tell you what to do, and whether or not you may have a valid claim.
How much will advice and representation cost in relation to a dismissal claim?
Our pricing for bringing and defending claims for unfair or wrongful dismissal is as follows: –
Simple case: £3,000 + VAT (£450) to £5,000 + VAT (£1,000)
Medium complexity case: £5,000 + VAT (£1,000) to £10,000 + VAT (£2,000)
High complexity case: £10,000 + VAT (£2,000) to £20,000 + VAT (£4,000)
Factors that could make a case more complex:
- The number of other parties involved in the case
- The length of the case listing for the hearing (generally the longer it is, the higher the complexity)
- 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
- Preparing and attending preliminary hearings (and the number of them)
- The size of the financial claim being made or resisted
- Making or defending a costs application
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
- The complexity or novelty of the legal issues involved
- The number of witnesses and documents
- If 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
There will be an additional charge for attending a Tribunal Hearing of £1,500 per day (excluding VAT, charged at 20%). Generally, we would allow 1 to 10 working days depending on the complexity of your case, but there is no upper limit, and the length of the listing is determined by the Employment Tribunal itself.
Disbursements are costs related to your matter that are payable to third parties, such as court fees (though none are currently payable). We handle the payment of the disbursements on your behalf to ensure a smoother process. Disbursements are payable in addition to our fees, estimated above.
Counsel’s fees estimated between £1,500 to £2,500 per day + VAT £300 to £500 (depending on the experience of the advocate) for attending a Tribunal Hearing (including preparation).
The fees set out above cover all the work in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers, and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached.
- Preparing claim or response
- Reviewing and advising on claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- preparing or considering a schedule of loss
- Preparing for (and attending) a Preliminary Hearing
- Complying with any Employment Tribunal directions made
- Exchanging documents with the other party and agreeing a bundle of documents
- Taking witness statements, drafting statements, and agreeing their content with witnesses
- preparing 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 Final Hearing, including instructions to Counsel
The stages set out above are an indication only. If you wish to represent yourself in the Tribunal proceedings, we are happy to advise as to how you should deal with matters at appropriate stages. Such arrangements can be made to suit you, by arrangement, and in respect of which a revised quotation will be given.
How long will my matter take?
The time that it takes from taking your initial instructions 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, your case will end much quicker than if it proceeds to a final hearing. If your claim proceeds to a Final Hearing, your case is likely to take 12 to 24 months. This is very much an estimate, and we will endeavour to give you a more accurate timescale once we have more information, and as the matter progresses. Timescales are largely determined by the listings of the Employment Tribunal.