Disciplinary Action & Suspension,Unfair Dismissal, Employment Tribunal Claims
Legal services for employees
Why Taylor Law?
When workplace problems lead to formal action, it can be extremely distressing for an employee.
At Taylor Law, we represent employees who have been treated unfairly by their employer to obtain compensation and damages.
Often, early intervention can prevent a situation from escalating. Our employment law team are skilled negotiators and, where necessary, will provide robust representation in legal proceedings.
Disciplinary action and suspension
Suspension, where you have been notified that you may not attend work, is often used in tangent with disciplinary action, usually for alleged gross misconduct.
Your employer’s disciplinary process should be set out either in the employee handbook or in your contract of employment. They should also follow the Acas Code of Practice on Disciplinary and Grievance Procedures.
Full salary is usually paid for the duration of a suspension, until a conclusion is reached. An investigation into the allegation against you should be carried out as quickly as possible during the suspension period. The suspension should also be kept under review and not used as a disciplinary sanction.
If you are dismissed, it must be for a fair reason. This is usually related to capacity for doing the job, conduct or because your role becomes redundant.
Where you have been made to feel that you have no option but to resign, you may have a case for claiming constructive dismissal. This could be because of harassment or bullying in the workplace or unreasonable changes to working conditions.
Both unfair dismissal and constructive dismissal claims will be heard by an employment tribunal if settlement cannot be reached beforehand. It is important that both you and your employer follow the correct process in dealing with a case, to ensure that your rights are properly protected.
Employment tribunal claims
Where a dispute cannot be settled, you can take your case to an employment tribunal. This can be a difficult and stressful process and it is advisable to seek legal advice to ensure that the procedure is properly adhered to and that you have the support and guidance that you need.
Our employment team has wide experience of disciplinary action and employment tribunals and we will be happy to represent you and ensure that your case is fairly heard.
Advice for employees
We understand how difficult and stressful the grievance procedure and unfair dismissal can be. We will work hard on your behalf to represent your interests and enforce your rights, obtaining compensation for any unfair action on the part of your employer.
We will support and advise you during your case and ensure that we are available to speak to you throughout to keep you updated as to progress and to answer any questions that you may have.
Visit our frequently asked questions for more information.
Our Employment Fees and Costs
Our employment solicitors are:
Scott Taylor (Solicitor with at least 8 years’ experience)
Ben Tighe (Solicitor with at least 8 years’ experience)
Max Hornigold (Solicitor)
Angela Giannotti (Solicitor - London)
Chris Bennett (Junior Executive - London)
Our hourly charges are as follows:
Private (Leeds and Middlesbrough) :
Partners/Solicitors with at least 8 years’ experience - 265.00
Solicitors with at least 4 years’ experience - 230.00
Solicitors, Legal Executives, Senior Executives - 200.00
Trainee Solicitors - 140.00
Junior Executives/Assistants - 140.00
Private (London) :
Partners/Solicitors with at least 8 years’ experience - 450.00
Solicitors with at least 4 years’ experience - 325.00
Solicitors, Legal Executives, Senior Executives - 250.00
Trainee Solicitors - 150.00
Junior Executives/Assistants - 150.00
Lesser complexity case
This would tend to be a case where unfair dismissal is the sole claim and the matter is limited to a one-day hearing.
It would be in the region of £15000-£18,000 plus VAT and disbursements (if we instruct counsel).
Medium complexity case
This would be a case where there are additional claims to unfair dismissal, such as discrimination. This would also apply where the case for unfair dismissal requires a Preliminary Hearing or where the case is listed for a Final Hearing of two or three days’ duration.
This would be in the region of £20,500- £23000 plus VAT, plus counsel fees of approximately £1,500 for the first day of the Final Hearing and £1,000 for the refreshers for the second and subsequent days of the Final Hearing. .
Higher complexity case
This would be a case where the unfair dismissal claim involves multiple discrimination complaints or complex matters such as whistleblowing/making of protected disclosures and where the case is listed for a Final Hearing of two or more days’ duration.
From £20,000 to £25000 plus VAT, plus counsel fees of £1,500 for the first day of the Final Hearing and £1,000 for the second and subsequent days of the Final Hearing.
The following factors can have an impact on the complexity of a case:
- Defending claims that are brought by litigants in person
- 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 it is an automatic unfair dismissal claim. For example if the reason for dismissal is because of a protected disclosure or an employee’s pregnancy or maternity leave
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking initial instructions, reviewing the papers and advising on merits and likely compensation
- Entering into pre-claim conciliation
- Preparing a claim or response
- Reviewing and advising on a claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- Preparing 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 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 for the Final Hearing or instructions to Counsel
The stages are not fixed and guaranteed, and we will adjust our costs accordingly when some stages are not required.
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 is likely to take 2-4 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9-18 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf. Disbursements incur a VAT charge of 20%.
At Taylor Law we have an excellent reputation for successful outcomes for our clients in employment matters. If you would like to discuss how we can help you with your employment issue, we would be happy to hear from you. Time is often crucial in dealing with an employment problem, and it is therefore advisable to seek legal advice as soon as you can.
For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
“Thank you for all your help and advice, it really made a difference. Feedback, help and guidance. Thank you to all the team – first class”.