EMPLOYMENT TRIBUNAL CASES
THE FOLLOWING INFORMATION RELATES TO CASES OF WRONGFUL OR UNFAIR DISMISSAL CASES IN THE EMPLOYMENT TRIBUNAL IN WHICH WE ACT FOR THE WORKER OR EMPLOYEE, OR THE EMPLOYER.
Who will be handling my Case?
Graham Shannon a Solicitor and Partner in the Firm. Graham is a graduate of the University of Essex and completed his Professional Training in the North East where he has remained since.
Graham has been Practicing Employment Law for over 20 years and represents Employers and Employees / Workers in Employment Tribunal claims across a broad spectrum of Employment Law and Practice. His cases have involved one which involved an issue relating to reasonable adjustments in a Disability Discrimination Claim in respect of which his interpretation was supported by the Employment Appeal Tribunal. Approximately 70% of Graham’s fee earning work is in Employment Law.
For most Cases Graham will represent you at Tribunal. For lengthy or complex cases we may recommend that you instruct a Specialist Barrister and we will discuss the payment of Barristers Fees with you and agree a reasonable fee before instructing them. Some Barristers may accept instructions to act on a Damages Based Agreement (see below).
Damages Based Agreements (DBA)
Under a Damages based agreement we agree to act for Employees or workers on the basis that if you lose your claim we will not charge for the services we provide you (the cost associated with our advice and representation), but where we will ask you to pay some of your compensation to us as our fee for acting if you are awarded compensation which is also known as ‘damages’.
Our success fee will be no less than 20% and no more than 30% of your compensation. And we will deduct this from your compensation before paying the balance to you
Not every case will be suitable for representation on a DBA however and we may need to carry out some preliminary work before we can decide if we can offer a DBA. Investigative work may be carried out on a pro bono basis (without any charge), but in most cases we will charge you for the time spent is assessing your case either on an hourly rate basis (see below) or for a fixed fee. A simple case is likely to be assessed with between 1 and 3 hours work being required and a complex case may involve between 10 and 20 hours of work and this would be charged at Graham’s hourly charging rate from time to time.
Under a DBA we will require you to, pay our time on an hourly rate basis if you decide not to continue with your claim against our advice or refuse to accept our advice on an offer you may receive
Fixed Fee Work
Where we agree a fixed fee with you this will be calculated with reference to the following 3 categories of case. The level of complexity associated with a case can depend on the number of legal issues in the case, the involvement of non- legally represented parties, the expected length of any hearing, the number and nature of witnesses involved, and the need to deal with applications in the course of the case
Less Complex Cases
Those likely to involve one issue and where the case is heard in less than one day.
Fee Range £ 3000.00 to £5000 plus vat
Medium Complexity Cases
Those involving more than one legal issue or claim where the hearing lasts between 2 and 5 days.
Fee Range £5000 to £10000 plus vat
In addition you may be required to pay Barristers fees
Higher Complexity Cases
Those involving multiple issues or parties substantial documentation multiple witnesses and a hearing duration in excess of 5 days.
Fee Range £ 10000 to £25000 plus vat
In addition you would be responsible for payment of Barristers fees
Hourly Rate Work
Graham’s current hourly charging rate or ‘fee’ is £220 per hour. Our Charging rates are reviewed annually on 1st April. We charge or ‘bill you’ for the cost of our time
VAT will be added to our charges.
This is the word we use to refer to payments which are made to others in your case. They include for example any Tribunal or Court Fees, fees payable to expert or other witnesses, travelling expenses and Barristers fees. We will tell you what disbursements will be payable before they are paid and agree these with you in every case.
Other Means of Funding your Case?
You may be eligible for funding provided by a Trade Union or Insurance Company. We will discuss this at your first meeting with us
Key Stages in Tribunal Cases
The following are the usual stages in claims involving typical wrongful or unfair dismissal cases. No two cases are the same, however, cases differ in complexity. Some are straightforward involving few issues or little application of Employment law but others may involve additional issues such as linked claims for discrimination and consideration of a lot of case law or research. Some cases may involve little documentation or involve few witnesses, others may involve substantial documentation and multiple witnesses. These are all factors which will necessarily involve more time.
- Taking your instructions to advice on the strengths or weaknesses of your case
- Notification of Claim to ACAS. A mandatory requirement your claim can’t go ahead until ACAS have had the chance to see if your case can be settled without the need for a Tribunal Claim
- Preparing your Tribunal Claim form (The ET1) and supporting Particulars of the claim
- Considering Response to Claim and advising you further
- Considering Tribunal Directions Order and Timetable and discussing this with you
6 Attending Tribunal Case Management hearing and preparing for the Hearing
- Preparing Lists of Documents to be considered and witness statements to be used
- Preparing a Schedule of Losses
- Considering and advising on opponents witness statements and documents
10.Attending Pre Hearing Appointment at Tribunal
- Preparing Bundle of Documents to be considered at Hearing
- Preparing Submission or Skeleton Arguments for Tribunal 1-4 hours work
- Agreeing Statement of Issues and list of Cases to be considered by Tribunal
- Representation at Hearing (By Solicitor)
- Negotiations throughout the process between 1 and 14 above
- Instructing a Barrister for Interim Hearings
- Instructing a Barrister for final hearing
The guidance above applies, however, the work in item 2 and 4 is not required, and the work in 3 relates to consideration of the ET1
How long will my Case Take?
This is dependent on many factors including the possibility of early settlement or Tribunal Waiting Lists. A less complex case is likely to take between 3 and 4 months. A Complex Case may take 6 months or longer. A case which settles during pre-claim conciliation may settle in a week or two. We will provide you with informed time estimates as your case progresses.