Employment Tribunal
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0330 0539147
Why Taylor Law?
When considering bringing an Employment Tribunal it is important to take the correct procedural steps. Time limits for bringing a claim can be strictly enforced so it is important for a potential claimant to consider seeking advice at an early stage to ensure compliance with limitation. Failure to complete the claim form or response properly can lead to sanctions for non-compliance such as striking out the claim or restricting a party’s participation in proceeds.
The potential claimant needs to consider the date from when time begins to run. This is different in a variety of contexts, for example, for a case of unfair dismissal it runs from the effective date of termination whilst a case of failure to make reasonable adjustments runs from the date that an employer would reasonably be expected to make the adjustment by.
A potential claimant then has to go through the ACAS early conciliation process. Whilst in this process time does not continue to run for the purposes of limitation. If there is no effective settlement then the potential claimant will be issued with an ACAS certificate.
Following receipt of the ACAS certificate it is important to properly calculate the date by which the ET1 document should be filed. The ET1 is a claim form for the tribunal which is found online. Whilst you can complete the form and include your details of claim on the form it is often better to draft particulars of claim separately. If the claimant fails to include elements of the claim on the ET1 the tribunal will often refuse to hear those elements of the claim. It is helpful to take legal advice at this early stage.
The respondent to the claim will receive a response pack. They will be given a window by the employment tribunal to file an ET3 form and response to the claim. In due course the matter will be set down for a Preliminary Hearing to arrange for case management.
If you are considering bringing a claim to the employment tribunal or have to defend an upcoming claim early legal advice can help.
Call us free on 0330 0539147 or email enquiries@taylorlaw.co.uk and we will be happy to help.
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)
Chris Bennett (Junior Executive - London)
Our hourly charges are as follows:
Private (Leeds and Middlesbrough) :
Partners/Solicitors with at least 8 years’ experience - 295.00
Solicitors with at least 4 years’ experience - 252.00
Solicitors, Legal Executives, Senior Executives - 205.00
Trainee Solicitors - 145.00
Junior Executives/Assistants - 145.00
Private (London) :
Partners/Solicitors with at least 8 years’ experience - 325.00
Solicitors with at least 4 years’ experience - 268.00
Solicitors, Legal Executives, Senior Executives - 215.00
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
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%.
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