Mixing Family & Business: Commercial Property Conundrums
Family owned and run businesses are common. Often such businesses can go from strength to...
Thank you for looking at our services for Employment Law. We regularly advise employers of all sizes across a wide range of industries on dealing with employment tribunal claims, early conciliation and other options for resolving employment disputes.
As an employer, you have a legal duty to provide a fair working environment that complies with all relevant legislation, while still needing to be able to manage your workforce effectively. If an employee has raised an issue or made a claim to an employment tribunal, it is essential to have the right expert advice to protect your business and reputation.
Our expert employment lawyers can guide you through each step of the process of dealing with an employment dispute, removing as much stress and uncertainty from the situation as possible. We can help you secure the best available outcome for your business as efficiently and cost-effectively as possible while minimising any negative impact on your commercial interests.
Why Us
Our expert team have years of experience handling both straightforward and highly complex employment disputes at every level, from negotiation and early conciliation through to Employment Tribunal hearings and Employment Appeal Tribunals proceedings.
All of our team are fully qualified solicitors with at least 18 years post-qualification experience and are employment law specialists who are members of the Employment Lawyers Association. The team is headed by Sally Morris, a Solicitor with over 20 years post-qualification experience.We appreciate that getting the right result is only one of the concerns when dealing with an employment dispute – protecting your reputation and making sure the matter is dealt with efficiently are often just as important. We therefore tailor our approach to your priorities, making sure we resolve your matter in way that works for you and your business.
Value for money and overall costs are important factors for any business, so we will provide you with a range of estimates and keep you updated on costs at all times. That way you can budget appropriately and be confident that we are handling your case cost-effectively.
Whether you wish to settle a claim or fight it at tribunal, we will provide an honest assessment of the situation and commercially-focused advice to make sure you are pursuing the best strategy for your business.
We are proud to hold the Lexcel Accreditation issued by the Law Society. This involves the firm undergoing a rigorous audit process which ensures we maintain the highest levels of client care.
Pricing
Our fees for defending claims brought against youl are based on three bands, which we will be happy to discuss with you.
You will be informed at the outset of the hourly rate of the solicitor with conduct of your matter and that of any other solicitor who may carry out work on your matter. Our hourly rates are from £330 + VAT at 20% (£66) - £350 + VAT at 20% (£70) but are dependant on the complexity of your matter and may vary.
We will advise you of the funding options available to you, for example, using any commercial legal expenses insurance your business is covered by.
There are various items we will consider when deciding what pricing band your case falls into. We will make this assessment and inform you of the relevant fees at the earliest opportunity. We shall decide the level of the fee earner that will advise you on this matter.
Factors that may influence this include the need for:
- Responding to a claim has been made against you
- Reviewing documentation received setting out the factual and legal basis of the claim
- Responding to Orders made by the Tribunal
- Any applications to a Tribunal we need to make on your behalf
- Whether an Employment Tribunal hearing is required
- Whether you elect to appoint a more senior fee earner such as a Partner
Fees
| Item | Cost/Range of Costs | + VAT at 20% | Subtotal |
|---|---|---|---|
Simple case defined as:-
| £7,000 - £10,000 | £1400.00 - £2000.00 | £8,400 - £12,000 |
Medium complex case defined as including one or more of the following factors:-
Greater than 2 witnesses | £10,000 - £18,000 | £2000.00 - £3600.00 | £12,000 - £21,600 |
High complex case defined as including one or more of the following factors:-
List of Issues/Chronology and Cost List | £18,000 upwards | £3600.00 upwards | £21,600 upwards |
Attending Tribunal hearing per day* | £1,600 |
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*based on our experience we typically allow 1 day for this, but can be clearer on this point when we speak with you as it will depend on the length of the hearing.
Please note that these costs do not include any pre-litigation work, such as dealing with grievances or disciplinary proceedings, ACAS pre-claim conciliation and any other matters prior to preparing and submitting an employment tribunal claim form.
Disbursements
Disbursements are those costs related to your matter that are payable to third parties, such as court fees or incidental expenses incurred by us or any third party you instruct us to appoint on your behalf. Third parties may include expert witnesses such as forensic accountants or occupational health professionals, and their disbursements might include their travel expenses. We handle the payment of the disbursements on your behalf to ensure a smoother process, and in doing so will ask that you make a payment on account to us prior to the incurring of a disbursement.
You may choose to instruct a barrister to represent you at any hearings. Barristers fees can vary significantly depending on the experience of the instructed barrister and the complexity of your case. Barristers fees are estimated between £750 to £2,000 per day + VAT at 20% (£150.00 - £400.00) for attending a Tribunal Hearing (including preparation).
All figures quoted by us for disbursements are stated exclusive of VAT, This means that VAT, currently 20%, will be added to these figures.
Exclusions and Factors Which May Make a Case More Complex
In the event that the issues become more complex, we will make sure you are informed of this at the earliest opportunity and a clear estimate of those extra costs will be provided.
Factors that may lead to an increase in cost include:
- 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 the claim relates to an automatic unfair dismissal claim e.g. if an employee claims they were dismissed after blowing the whistle on your business
- If the claim involves allegations of discrimination
Time Scales
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 4 – 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 6-18 months.
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.
Key Milestones
There are key milestones, which may vary according to individual circumstances. They may be as follows:
- Taking your initial instructions
- Reviewing the papers and advising you on the merits of the claim being brought against you and likely compensation an Employment Tribunal might award if the claim is successful (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 your response to the claim
- 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 your barrister.