Employment Tribunals – Respondent (Business)

Our aim is always to help you reach a satisfactory resolution of employment disputes. We offer first class commercial advice on how to obtain the best settlement possible. If this is not possible we will support you in defending your claim before an Employment Tribunal.

The Stages of an Employment Tribunal

We always aim to break down our costs into manageable chunks and where possible will provide you with a fixed fee for each stage of the process. The stages are usually as follows:-

Claim

We meet with you to advise on defending any claim that you face. This stage also involves drafting the ET1 and details of your response to the claim and arranging for them to be filed at the Employment Tribunal. Thereafter advising you on Case Management Orders and any other correspondence from the Tribunal.

Preliminary Issues

The Tribunal may arrange for a preliminary hearing on certain issues which need to be clarified. This is likely to need our involvement in preparing for the preliminary hearing and attending.

Disclosure

This process involves gathering together and reviewing all of the documents that you have which are relevant to the case, preparing a List of Documents for exchange with the Claimant, obtaining copies of all of the documents referred to on the claimant’s List of Documents and reviewing these, and then discussing what documents need to go into the Bundle which will be used for the Tribunal at the final hearing.

Witness Statements

Working with you to prepare the written statements of evidence by all of the relevant people and arranging for exchange of these with the Claimant.

Hearing

In straightforward matters, hearings are usually listed for one or two days. We can attend the hearings on your behalf if we act as your advocate. In certain cases it may be preferable to brief a barrister with a specialisation in employment law to represent you. We can advise you in this regard and prepare all instructions to go to the barrister.

Remedies Hearing

Occasionally the Tribunal may need to deal with the remedies awarded to the Claimant at a separate hearing. We can represent you at such a hearing.

Timing

In simple claims, the Tribunal aims to deal with most cases within twenty six weeks of the issue of claim although this can be longer. In more complex cases, such as discrimination, this can be up to twelve months from when a case is issued.

 

Our Costs

In straightforward Tribunal claims, our costs are likely to be somewhere between £2,500.00 to £5,000.00 plus VAT.

This does not cover expenses relating to the instruction of experts. In addition, it will not cover the fees of Counsel who may be instructed to argue your case at the hearing. The cost of Counsel’s fees will depend on the experience of the advocate and the length of the hearing. These costs are likely to be somewhere in the region of £750.00 to £2,000.00 per day plus VAT.

In more complex cases involving issues of discrimination, protected disclosures or where the hearing is likely to last two days or more (either due to the complexity of the issues to be decided or the number of witnesses) our costs are likely to be somewhere in region of £5,000.00 to £10,000.00 plus VAT.

Billing

The above prices are indicative. Our experience tells us that claims will, more often than not, settle before a final hearing is reached. If this is the case then a proportion of the costs referred to above will not be incurred.

We will be open and transparent with you throughout and provide you with ongoing details in relation to costs. If the matter becomes more complicated than first envisaged, we will provide you with details of additional costs as soon as possible.

Each Tribunal claim is different and brings with it its own set of circumstances. The more straightforward claims are generally for unfair dismissal, wrongful dismissal or unlawful deduction of wages.

If you would more information please contact:

Karl Thomas, Partner and Head Employment and Dispute Resolution

Number – 029 2080 3112

Email – ThomasK@loosemores.co.uk