Employment Tribunal Pricing and Service Information for Employers (Respondents) in Defending Unfair/Wrongful Dismissal Claims
We are happy to act for employers/respondents in connection with defending claims from their employee/former employee in connection with unfair dismissal and/or wrongful dismissal.
What is wrongful dismissal?
It is a dismissal that is done so in breach of contract. For example where an employer dismisses an employee usually for gross misconduct and refuses to pay the employee the notice pay and benefits that the employee would have received had the employer not dismissed the employee for gross misconduct.
Wrongful dismissal claims are also often brought in connection with constructive unfair dismissal claims. This is where the employee resigns with immediate effect in response to the employer’s fundamental breach of the contract of employment. Under such circumstances, the employee has no alternative other than to resign with immediate effect. As such, the employee is prevented from working their notice and receiving the benefits for that period.
What is Unfair Dismissal?
An employee may pursue a claim for unfair dismissal where they have been dismissed by their employer and who, in most cases, has the requisite two years’ qualifying period of service. The qualifying period does not apply in most cases where the dismissal is for an automatically unfair reason such as whistleblowing or the dismissal is linked to discrimination.
There are circumstances in which an employee who meets the qualifying criteria may not be able to pursue a claim, such as for example, where the employee does not have the legal right to work in the UK or they are out of time to bring a claim.
Fees Estimate
Our fees are based on a rate of £280.00 per hour plus VAT *
Disbursements are payments made to a third party in connection with your matter such as barristers or court fees. We will require you to pay disbursements in advance so that we can pay them on your behalf to ensure that your matter proceeds seamlessly.
Less complex cases: £2,000.00 to £6,000.00 plus VAT
Barristers fees*; £1,500.00 to £2,500.00 plus VAT per day
Medium complexity cases: £6,000.00 to £12,000.00 plus VAT
Barristers fees*; £1,500.00 to £4,000.00 plus VAT per day
Highly complex cases: £12,000.00 to £20,000.00 plus VAT
Barristers fees*; £1,500.00 to £5,000.00 plus VAT per day
There will be an additional charge of £1,000 plus VAT per day for attending an Employment Tribunal Hearing. We allow for 1-5 days depending on the complexity of the claim.
- *VAT current rate 20%
- *Barristers fees vary on experience
What is Included in our Fees Estimate
- Attending you and taking your initial instructions and considering the documentary evidence that you have and advising you on the merits of the claim(s).
- Assisting and advising you with any pre-claim protocol.
- Preparing your response on form ET3.
- Corresponding with the other side and considering any evidence and advising you in connection with the same.
- Instructing Counsel on your behalf.
- Drafting serving witness statements.
- Preparing the evidence bundle of documents.
- Considering and advising you in connection with the witness statements served by the other party.
- Corresponding with the Employment Tribunal.
The cost to employers for defending an Employment Tribunal claim for unfair and or wrongful dismissal will vary depending on the complexity of the claim(s) as well as other relevant factors such as, for example;
- The number of witness statements;
- The number of documents that comprise the evidence;
- Making or defending applications to amend claims
- Whether discrimination claims are linked to the dismissal;
- Automatic unfair dismissal claims, such as blowing the whistle on the employer
- The length of the Hearing;
- The conduct of the claimant;
- Making or defending costs applications;
- Whether there are any preliminary issues that need to be addressed before the claim (such as if it is in dispute whether the claimant is disabled);
- Whether the claim goes part heard.
How long will my matter take?
The length of time that it takes for your matter to reach resolution in an Employment Tribunal depends on a number of factors.
Before the claimant can issue their claim on the form ET1 in an Employment Tribunal they must enter into early conciliation via the Advisory Conciliation and Arbitration Service (ACAS). This process can take up to six weeks but resolution could be reached at this stage.
If matters are not resolved at this stage then the claimant will need to issue their claim with the Employment Tribunals. Once accepted by the Employment Tribunals you will 28 days from receipt of the ET1 to serve your defence on the form ET3.
Depending on the Employment Tribunal and the length of the Hearing a claim will likely take between 12 to 18 months to be heard in a full merits Hearing at the Employment Tribunals. This is just an estimate of how long it will take for your matter to be heard in an Employment Tribunal. However, we will provide you with a more definitive timescale as your matter progresses.
This serves as purely guidance for your information.
Throughout the entire process you will be advised by a qualified employment solicitor, Annalie King. For details of our employment services please visit our employment page.
