Our fees cover all of the work required to advise you on defending a claim of wrongful dismissal (breach of contract).
Fees
Legal fees range from £5,000 to £20,000 plus VAT (currently at a rate of 20%) and disbursements depending on:
- the complexity of the claim,
- the volume of documents,
- the number of witnesses / witness statements; and
- the length of the hearing for which the case is listed.
The fee estimate does not include any Counsel’s fees which would be chargeable as a disbursement. This disbursement would include Counsel’s advocacy at the substantive tribunal hearing. Nor do the fees include advising in connection with the employer’s internal procedure, typically appeal against dismissal, or any advice during ACAS Early Conciliation.
How long will it take for the matter to reach tribunal?
How long it will take for the case to reach tribunal will depend on the above factors.
Proceedings will typically have to be issued in the Employment Tribunal within a period of three months less one day from the date of dismissal (not including the pre-claim ACAS conciliation procedure which can extend the normal time limit by up to one month).
Once proceedings have been issued, the case will typically take 6 to 12 months from when proceedings have been stamped and sent out by the Tribunal to reach a substantive hearing.
Negotiation of a possible settlement will generally take place in two phases:
- Following the dismissal (but before proceedings have been issued); and
- After proceedings have been issued
Stages of the process
The precise stages involved in the Tribunal process will generally be as follows:
- Take your instructions
- Send out initial letters confirming we are instructed
- Review documents / correspondence
- Preliminary assessment of merits and quantum
- Review issued claim, prepare and submit draft defence
- Prepare for and attend any preliminary / case management hearings
- Prepare case according to Tribunal directions, including exchanging lists of documents, documents for disclosure, prepare witness statements and trial bundle for the hearing
- Conduct any “without prejudice” discussions throughout
- Brief Counsel for liability and remedy hearing
- Attend hearing
- Review decision and implications (including possible appeal).
* Our fee assumes that:
- There is a consolidated hearing on liability and quantum
- There are no additional claims to be defended e.g. whistleblowing or discrimination
- There are no material preliminary issues to be decided e.g. employee status, jurisdiction
- All claims will be pursued in the Employment Tribunal (not in the County Court or High Court) In the Employment Tribunal there is a limit on wrongful dismissal damages of £25,000.
- You will not appeal against the Employment Tribunal’s decision
The people who will be carrying out your work are as follows:
| Name | Role | Number of Years Qualified | Hourly Rate |
|---|---|---|---|
| Lee Gabbie | Partner and Head of Department | 16 years PQE | £330 plus VAT of £66 |
| Lisa Rice | Consultant | 20+ years PQE | £335 plus VAT of £67 |
| Belinda Avery | Consultant | 20+ years PQE | £325 plus VAT of £65 |
| Paralegal | Paralegal | N/A | £110 plus VAT of £22 |
| Trainee Solicitor | Trainee Solicitor | N/A | £110 plus VAT of £22 |