Employment Tribunal Representation
Our employment tribunal calculator provides transparent fixed fees for the legal work needed for your potential claim. Costs are calculated depending on whether your claim relates to unfair/constructive dismissal or discrimination.
The difference in costing is because discrimination claims are more time-consuming, usually require longer attendance at a tribunal hearing and need greater legal resources.
Around 80% of our client’s employment tribunal claims settle before the final hearing. We have broken down the key steps in an employment tribunal claim and shown what is included as well as pricing.
All email and telephone correspondence between each step is included free of charge.
Our solicitors often comment on changes to employment law, particularly in relation to employees. Our blogs convey this information in a jargon-free manner. If you would like to read our latest articles, please subscribe.
How long does an employment tribunal claim take?
The time it takes from receipt of an employment tribunal claim to its final conclusion varies considerably based upon any backlog at your local Employment Tribunal, how long the final hearing will last and whether the settlement is achieved before the final hearing in the Employment Tribunal. At present, claims are taking longer than usual to get to a final hearing due to the coronavirus pandemic and so we estimate that your claim will be listed to be heard at a final hearing around nine to twelve months after the claim was received by the Employment Tribunal. This timescale is likely to be much longer where preliminary hearings need to be held and/or the final hearing is two or more days in length. We will of course update you regularly on timescales as your matter progresses.
What is the process involved in an employment tribunal claim?
Initial assessment of prospects – We take your initial instructions, review all relevant correspondence/documentation (not exceeding 100 pages) and advise you upon relevant time limits, the prospects of your potential claim, and the likely compensation you will receive, if successful.
ACAS Early Conciliation – Before an employee can bring a claim in the Employment Tribunal, they must go through early conciliation. We will submit your application to ACAS, advise on settlement and at what sum (wherein your best interests, represent you in all discussions with ACAS (4-6 weeks in duration), setting out your position clearly and effectively and where settlement is reached, ensuring that the terms of the COT3 agreement are favourable to you.
Receiving claim – We receive, review and advise you upon the employee’s claim and propose a defence strategy.
Issuing claim with Employment Tribunal – We prepare, draft and submit your claim to the Employment Tribunal, to ensure that the relevant deadline is met.
Preliminary hearing – Where ordered, we draft, agree with your former employer’s solicitor and submit a preliminary hearing agenda to the Employment Tribunal further clarifying your claim and proposing dates for your claims timetable and attend the preliminary hearing to represent your interests.
Schedule of loss – We prepare your schedule of loss setting out fully the compensation you are claiming, collect from you all supporting evidence and submit to the Employment Tribunal on your behalf.
Your disclosure – We collect from you all documentation relevant to your claim, produce copies, prepare a list and send to the employer.
Your employee’s disclosure – We receive the employee’s disclosure, review and discuss our findings with you.
Hearing bundle – We agree with the employee a bundle of documents that the Employment Tribunal will refer to at the final hearing and review upon receipt.
Hearing bundle – We agree with the employer a bundle of documents that the Employment Tribunal will refer to at the final hearing and review upon receipt.
List of issues – We draft and negotiate with the employee a list of issues, chronology and cast list for the Employment Tribunal hearing (where ordered)
Witness statement(s) – We take a witness statement from you and your staff, draft the statement and agree with you its final content, ready for use at the Employment Tribunal Hearing (30% discount on any additional statements).
Exchange of witness statement – We undertake simultaneous exchange of witness statements with your employer and review each witness statement received and discuss the same with you.
Instruction of barrister – Where required, we instruct a barrister to represent you at the hearing and take all steps to ensure the Barrister is fully briefed on your claim.
Representation at Employment Tribunal (where no barrister instructed) – We attend the Employment Tribunal hearing and represent your interests (per day).
Attend Employment Tribunal – We attend the Employment Tribunal hearing with your barrister (per day).
Employment Tribunal Judgement – We receive the Employment Tribunal’s judgment and advise you on the findings.
What is included in the price?
All the above work is included in our fixed fee. Depending upon the seniority of your chosen lawyer, our hourly rate will range from £150- £250 + VAT at 20% per hour. Fixed fees can often represent considerable savings for clients and therefore we would recommend our fixed fee service. This is payable in stages. Therefore, if the claim is resolved early in the process, you will pay less.
Disbursements: these are third-party costs and often relate to the costs of a barrister attending any Employment Tribunal hearings on your behalf. All quotes will be provided to you in advance before any cost is incurred by you. We enjoy very good relationships with a number of local barristers, meaning that our clients benefit from extremely competitive rates.
Who will do my work?
I advise employers, employees, independent contractors, businesses and individuals in contentious and non-contentious matters, regularly appearing in the Employment Tribunal.
A typical week for me would involve advising upon settlement agreements, negotiating exit packages, drafting claims and defences to the Employment Tribunal or County Court (such as those relating to unfair dismissal, discrimination, breach of contract etc.), contracts of employment, staff handbooks and other HR documentation, advising on grievance and disciplinary proceedings, TUPE transfers and poor performance/sickness absence and attending Tribunal.
Alongside my general offering, I specialise in advising those operating in a small handful of key sectors, including care, estate agency and IR35.
I have provided seminars on legal issues affecting the care sector to members of both Suffolk Care Association and Essex Care Association (whom Attwells are proud to Partner with), in addition to talks at a national level. I have also delivered talks across East Anglia and London to Estate Agents on key legal requirements for their business, in conjunction with NAEA Propertymark.
My clients value my tenacity, attention to detail, communication and negotiation skills, alongside my supportive approach to all of my client relationships.
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