| PRE-CLAIM STAGE || || |
Initial appraisal (up to 30 minutes), either in person at our office or over the telephone
We can assess the situation in brief and advise you how we might be able to help you and what solutions you may want to consider at this early stage.
If you would like to proceed with us, we will provide you with a fixed fee quotation for agreement.
A preliminary review of your papers and advice on the merits of the claim against you (who is most likely to win?), the quantum (how much might the Claimant get?) and tactics (how are we going to tackle this?).
We’ll talk you through our advice and send you a summary note for your ongoing reference. Please note that if you’d like us to carry out a more detailed assessment and review a large number of documents at this early stage, it will increase our costs but we can provide you with a fixed price quote before getting started.
| EMPLOYMENT TRIBUNAL STAGE || || |
Drafting a response
This is where we do the ground-work for your case. Our work at this stage includes:
obtaining your instructions
collating and reviewing documents relating to the claim
speaking to key witnesses
drafting the ET3 response form and any additional ‘grounds of resistance’ in support of your claim
submitting your response to the Employment Tribunal
Please note that you only have 28 days to do this once the claim form (ET1) arrives.
Advise on schedule loss
We will review the Claimant’s schedule of loss and advise on their prospects of recovering what they’re seeking, whether it is worthwhile negotiating with them at this stage, and whether a counter-schedule of loss should be submitted.
Deal with disclosure of documents
We should have received most of your documents when drafting the response and be able to index them for disclosure at this stage without substantial additional work.
Review Claimant’s disclosure and provide updated advice.
We will review all documents disclosed by the Claimant and provide you with an update on merits, quantum and tactics. As before, we’ll talk you through our advice and send you a summary note for your ongoing reference.
Prepare bundle of documents
The Employment Tribunal usually orders the Respondent to prepare a joint bundle of documents for use at the hearing, even if the Claimant is represented. We’ll do this for you and send you a copy.
Draft witness statements
£500 per statement = £1,000
In an unfair dismissal claim the Respondent witnesses will usually be your dismissing officer and appeals officer. We should have had an opportunity to speak to them when drafting the response and can use that information to prepare first draft witness statements. We will then work with the witnesses to finalise their statements and exchange them with the Claimant/ their representative. If the matter is complex or requires additional witnesses, or if we need to arrange a meeting with your witnesses, this may add to your total costs.
Review Claimant’s statement and provide updated advice.
We will review all the Claimant’s witness statement and provide you with an update on merits, quantum and tactics. As before, we’ll talk you through our advice and send you a summary note for your ongoing reference.
| EMPLOYMENT TRIBUNAL HEARING || || |
We will recommend a barrister for your claim based on their expertise, seniority and fees. We will agree a fixed fee with their clerk and prepare instructions to them to represent you.
Prepare for hearing
We will meet with you and your witnesses to talk about Employment Tribunal procedure and what to expect at the hearing.
Hearing – us
By the time we get to the hearing, you’ll be feeling confident and ready for the day. You’ll have spoken with your barrister and won’t need us around. But, if you want a friendly face and extra support on the day, we’re happy to come with you. We may need to charge a little extra but will agree this with you in advance.
Hearing – barrister
We’ll negotiate the best fixed fee we can for you. A strong junior barrister should be able to conduct a one-day unfair dismissal hearing for around £1,500 plus VAT.
We’ll debrief you on the claim including looking at what went well and what learning points there may be for your business or your managers going forwards. We can also look at whether management training might be helpful and what we can do for you going forwards.