Local Solicitors for Local People

01942 20 60 60

Employment Law

Our Employment Solicitors have the experience to act for both Employer and Employees alike.

If you are an Employer we would advise that you consult us sooner rather than later especially if you have or foresee a problem with an Employee.  Do not be tempted to take the easy option, which is to do nothing and hope the problem will go away.  This will only later come back and cause you problems which you can avoid if you take action now.

If you are an Employee ask yourself these questions:

  • Do you believe you have been unfairly dismissed?
  • Are you being discriminated against?
  • Re-organised?
  • Being harassed at work?
  • Are you facing redundancy?
  • Are you being laid-off or being asked to take short time working or to sign a different contract of employment?

If so our specialist Employment lawyers can help you with all of these problems and provide you with advice to receive the best outcome for you.  We would strongly recommend that if you wish to bring a claim against your Employer seek our advice at the earliest available opportunity.  There are strict time limits after which you cannot bring a claim, so act quickly.

If you have agreed to have your employment brought to an end or have reached an agreement with your Employer already then your Employer may ask you to sign a document called a Compromise Agreement or a Settlement Agreement.  You are required to take advice on such documents before you sign them. We can draft Compromise / Settlement Agreements for Employers and we can also advise Employees on whether or not to sign them.

Contact us today for a general chat to determine how best to progress your case.  We offer payment plans and fixed fees where possible to ensure that you can access the legal services you need.

Employment Tribunal: Range of Costs

Please note that your matter will be dealt with by Paul Aynsley.

Please note that if other claims being brought within the unfair/wrongful dismissal claim, such as discrimination this will impact upon the cost estimate provided.

You may have other funding options available, such as cover under an insurance policy and that this will of course be checked with you at your first appointment.

Our pricing for bringing and defending claims for unfair or wrongful dismissal

Simple case: £1,000­ - £1,500 (excluding VAT)

Medium complexity case: £2,000 - £2,500.00 (excluding VAT)

High complexity case: £3,000 - £5,000.00 (excluding VAT)

Factors that could make a case more complex:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • 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 e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a Tribunal Hearing of £750 - £1,000.00 per day (excluding VAT), if we attend a Tribunal Hearing for you but generally we will instruct Counsel.

Generally, we would allow 1-3.days for a hearing depending on the complexity of your case.

 

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  • 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 to ensure a smoother process.  Normally no court fees are payable for matters which are heard before an Employment Tribunal.

    Counsel's fees will be chargeable and are estimated between £750 to £1,000.00 per day plus VAT (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).

  • Key stages

    The fees set out above cover all of the work in relation to the following key stages of a claim:

    Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)

    Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;

    • Preparing claim or response
    • Reviewing and advising on claim or response from other party
    • Exploring settlement and negotiating settlement throughout the process
    • preparing or considering 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 and attendance at Final Hearing, including instructions to Counsel

    The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

  • 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 6-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 20-40 weeks. 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.

McCarthy Bennett Holland Solicitors

26, Bridgeman Terrace, Wigan WN1 1TD

01942 206060

01942 200505

Authorised and regulated by the Solicitors Regulation Authority. SRA No. 00329730

This firm maintains professional indemnity insurance in accordance with the rules of the Solicitors Regulation Authority

Details of the insurers and the territorial coverage of the policy are available for inspection at our offices.