In the Employment Department we regularly advise employers and employees on a range of matters including unfair dismissal, constructive dismissal, redundancy situations, restrictive covenants, discrimination and contractual issues.

Lynsey Howes is our head of department, having trained with the firm, she now has over 16 years’ experience and has been a partner at the firm for over 10 years. She conducts her own advocacy on many issues, including an appearance in the Employment Appeal Tribunal.

Lynsey is assisted by Carly Haywood as paralegal. Carly is responsible for administrative tasks and is supervised throughout by Lynsey Howes.

Lynsey conducts matters from beginning to end, including the presentation of the case at Employment Tribunal Hearing. She occasionally refers matters to Counsel (a barrister) should the claim be listed for a significant period of time or where she believes the client would be best served by the use of Counsel.

In running a claim Lynsey ensures that client’s are guided through the process, from issuing a claim or defending a claim, to preparation. To discussing settlement options and evidential requirements. Clients are able to make informed decisions about the instructions they provide to reach desired outcomes.

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

Simple case: £4,000 – 6,000 excluding VAT (which equates to £4800-7200 including VAT) (1-2 days if the case progresses to a full hearing)

Medium complexity case: £6,000 – 12,000 excluding VAT (which equates to £7200- 14400 including VAT) (3-4 days if the case progresses to a full hearing)

High complexity case: £12,000 – 20,000 excluding VAT (which equates to £14400- 24000 including VAT) ( 5 days plus in hearing)

Factors that could make a case more complex:

• if it is necessary to make or defend applications to amend claims or to provide 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 client is disabled (if this is not agreed by the parties);
• the number of witnesses and documents;
• if it is an automatic unfair dismissal claim, eg if you are dismissed after blowing the whistle on your employer;
• allegations of discrimination which are linked to the dismissal.

There will generally be an additional charge for attending a Tribunal hearing of £1495 plus VAT per day (excluding VAT). Generally, we would allow:

• simple case 1-2 days
• medium cases 3-4 days
• high complexity case 5 days plus

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.

Counsel’s fees estimated between £1,000 to £2,000 plus VAT per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).

Counsel may also charge a fee when instructed, known as a brief fee, of between £1,000 to £3,600 plus VAT depending on the complexity of the case.

Key stages

The fees set out above cover all of the work in relation to the 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 for and 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 where necessary.

The stages set out above are an indication and if some of the 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 application 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 1-6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 20-52 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.