Employer Employment Tribunal Representation
The table below provides clear and transparent fixed fee costings for the legal work on your potential claim and provides different costings depending upon whether your claim relates to unfair/constructive dismissal or discrimination.
The reason for this is that discrimination claims are more time consuming, generally require greater attendance at Tribunal hearing and therefore require a greater amount of resource. Unlike our competitors, we do not differentiate our costs on the rather opaque grounds of ‘complex’ and ‘simple’ claims.
All email and telephone correspondence between each step is included free of charge.
Around 80% of our client’s Employment Tribunal Claims settle before the final hearing and therefore, we have broken down the key steps in an Employment Tribunal claim, what is included within each step and the price applicable to the same.
All prices shown are exclusive of VAT.
Initial assessment of prospects
We take your initial instructions, review all relevant correspondence / documentation (not exceeding 200 pages), the prospects of the potential claim from the employee and the likely compensation they would receive, if successful.
ACAS Early Conciliation
Before an employee can bring a claim in the Employment Tribunal, they must go through early conciliation. We will act on your behalf in discussing the employee’s claim with ACAS, advise on settlement and at what sum (where in your best interests), represent you in all discussions with ACAS (4-6 weeks in duration), setting out your position clearly and effectively and where settlement is reached, ensuring that the terms of the COT3 agreement are favourable to you.
We receive, review and advise you upon the employee’s claim and propose a defence strategy
Issuing Defence with Employment Tribunal
We prepare, draft and submit your response to the Employment Tribunal so as to ensure that the relevant deadline is met.
Where ordered, we draft, agree with your employee’s solicitor and submit a preliminary hearing agenda to the Employment Tribunal seeking further clarification of the Employee’s claim and proposing dates for the claim timetable and attend the preliminary hearing to represent your interests.
Schedule of loss
We receive and advise you upon the Claimant’s schedule of loss and draft a counter schedule of loss aimed at reducing the amount that can be rightly claimed by the employee
We collect from you all documentation relevant to your defence, produce copies, prepare a list and send to the employer.
Your employee’s disclosure
We receive the employee’s disclosure, review and discuss our findings with you.
|Hearing bundle||We agree with the employee a bundle of documents that the Employment Tribunal will refer to at the final hearing and review upon receipt.||£350.00||£450.00|
|List of issues||We draft and negotiate with the employee a list of issues, chronology and cast list for the Employment Tribunal hearing (where ordered)||£400.00||£500.00|
|Witness statement(s)||We take a witness statement from you and your staff, draft the statement and agree with you its final content, ready for use at the Employment Tribunal Hearing (30% discount on any additional statements).||£750.00||£850.00|
|Exchange of witness statement||We undertake simultaneous exchange of witness statements with your employer and review each witness statement received and discuss the same with you.||£250.00||£400.00|
|Instruction of barrister||Where required, we instruct a barrister to represent you at the hearing and take all steps to ensure the Barrister is fully briefed on your claim.||£250.00||£400.00|
|Representation at Employment Tribunal (where no barrister instructed)||We attend the Employment Tribunal hearing and represent your interests (per day).||£850.00||£1,250.00|
|Attend Employment Tribunal||We attend the Employment Tribunal hearing with your barrister (per day).||£600.00||£700.00|
|Employment Tribunal Judgement||We receive the Employment Tribunal’s judgment and advise you on the findings.||£300,00||£400.00|
* Our fixed fees do not include disbursements incurred by Attwells on behalf of client’s and will be added to our charges, including (but without limitation) barrister fees, expert witness fee, mileage (payable at £0.45 p/mile), accommodation or subsistence costs, bank charges and other administration charges.
* A Barrister will usually be required where a claim reaches a final hearing. The fees chargeable by a Barrister depends on their level, experience and location and also upon the complexity and time your claim will take. We will discuss and agree your budget for Barrister’ fees well in advance and always seek to obtain the best possible prices for our clients, taking advantage of the good relationships we have fostered with local chambers.
* Our fixed fees are based on a standard employment tribunal claim. We may, however, charge an additional amount if, for example, members of staff have to work outside normal working hours, or if your case is particularly complex. In all circumstances we will not incur costs beyond the above figures without your prior approval. Examples of factors that can make your defence more complex defending claim brought by litigants in person, a high number of witnesses and documents and bringing and defending preliminary applications.
What is included in the price:
- See each step above
- Telephone and email advice throughout each step (subject to reasonable usage)
- Meeting at your local office with a specialist employment lawyer (where appropriate)
What is excluded from the price:
- Attendance at any additional hearings
- Any appeal
- Advice on the terms of any settlement agreement (payable by the employer in any event)
- Legal advice or services outside of the specific service(s) requested
- Mileage (in attending any meetings with yourself or Tribunal Hearings, for instance) is payable at £0.45 p/mile.
- Travel Costs (where public transport is used) by the cheapest means possible.
- Barrister’s fees for representation at any case management or final hearing. These costs range from £500-£1,500 per day dependent upon their experience and location.
- As stated above, in all circumstances we will not incur costs beyond the above figures without your prior approval.
- Unlike some firms, we do not charge for copying or standard postal costs.
How long will it take?
Generally speaking, an Employment Tribunal claim can take anywhere between 6-12 months, sometimes more, from the inception of the ACAS Early Conciliation process to the receipt of the Employment Tribunal judgment. Timescales are ultimately dependant on the complexity of the claim, the number of witnesses and their availability and the Tribunal’s listing diary.
How long do I have to respond to an Employment Tribunal Claim?
Not long. Any ET3 Response must be received by the Employment Tribunal within 28 days of the date that the Employment Tribunal sends you a letter notifying you of the claim.
Can I just instruct you to do some but not all of the above steps?
Yes, of course. Clients can instruct us at any time throughout the Tribunal process. We can undertake any of the steps above and you are not obliged to use our services for the whole of the claim, or indeed at any time after we are instructed on one or several steps in isolation.
What if I pay for a step but my case settles before that step is finalised?
Where the step in question is not a hearing, you will not be charged unless the work is already in progress. Where possible, we will seek to charge you a fee proportionate to the amount of work undertaken at the time of settlement for that step e.g. if only half a witness statement has been drafted, we will only charge you 50% of the fee for that step.
Where the step in question is a hearing, so long as your case settles no later than 72 hours before the hearing is due to start, we will refund you the price paid for representation at that hearing (on the basis a Solicitor/Barrister will usually prepare for a hearing no less than two-three days beforehand). Where the case settles at any time thereafter, you will be liable to pay at least 50% of the price.
Why choose Attwells Solicitors?
Attwells are employment law specialists, having spent many years bringing and defending a whole range of claims in Employment Tribunals across the country. We provide expert and professional advice and guidance throughout the process, whilst also ensuring that you are properly advised of the full range of options available to you at every stage and that your claim is proactively managed. Litigation can be very costly but with our fixed fee pricing you will know, in advance, exactly how much you will have to pay, avoiding any unexpected costs or nasty surprises down the road.
When will I pay?
Attwells Solicitors will ask you for money on account in advance of work on each step beginning.
How to instruct Attwells Solicitors?
Instructing us is simple. You can either click on the instruct button below to register your interest or you can call your local office. We have offices in Ipswich, Colchester and London. When instructing us please inform us of the office you would like to use.