Employment tribunal claims

Facing an employment tribunal claim can be a daunting prospect…

There are many complicated forms to complete, time limits to observe, questionnaires to respond to, documents to prepare and hearings to  attend. With potentially high amounts of compensation at stake, it makes sense to call upon experienced support.

When a dispute or discrimination at work cannot be resolved through internal disciplinary or grievance procedures, the next step taken by an employee may be to take their complaint to an employment tribunal. An ex-employee may also lodge a claim, subject to their complying with the time limits.

If the Tribunal rules in their favour, it could reinstate them or award financial compensation. An employee or ex-employee can apply to a tribunal about:

• unfair dismissal
• constructive dismissal
• failure to consult over redundancy
• breach of contract
• equal pay disputes
• discrimination about age, race, gender, sexual orientation
• religious beliefs or disability
• incorrect disciplinary and grievance procedures

Defending claims such as these can be complex.  Our specialist employment solicitors will give you constructive advice on your specific circumstances, and guide you through the options. They can advise you on your options, draft and submit your defence to the claim, deal with the case management directions and represent you at a tribunal hearing.

We know how to present your case so that it has the strongest chances of success, and will work with you to achieve the result you deserve.

How much will it cost?

The amount we charge depends on all the circumstances of the case, but the main factor is the time spent by us in dealing with it. Other factors include: the type of claim made, the number of witnesses on each side, and the complexity of the matter.  We will discuss this with you if we are instructed and provide you with a detailed estimate; if you wish you can set an upper limit on those costs. Our usual hourly rate for employment matters is £220 plus VAT.

As an example, the average cost of a straightforward claim for unfair dismissal lasting a day in the employment tribunal is likely to be £6,000 plus VAT. In addition, other charges may also be payable, such as counsel’s fees for representation at the hearing. They are likely to be £1,750 in this example, plus VAT.

However, each case is different; we can only provide you with a detailed estimate of the costs after our initial meeting once we have a full understanding of the case. If there are unexpected complications along the way, we will keep you informed and advise you on the likely cost implications.

You will also need to pay for other expenses which are costs relating to your matter that are incurred by us. For example, there will be an electronic identification checking fee of £4 plus VAT per person (which is part of our anti-money laundering obligation) or mileage costs if travel is necessary.

Please note that your costs incurred with this firm cannot be recovered directly from the Claimant even if they lose the claim, however, the tribunal may make a costs order in your favour in certain cases. We will discuss with you, if appropriate, how you may recover any costs you may be awarded.

How long will it take?

No two cases are the same, so it is difficult to give an exact time frame, but we will be able to give you a better time estimate when we have full details of the matter. However, on average a straightforward claim in the employment tribunal takes between 6 and 12 months from the date of the issue of the ET1 to the date of the hearing.

Qualified and experienced team

Our employment law team has years of experience and has helped hundreds of people to resolve employment issues. To find out about each team member’s qualifications and experience, simply click on their profile picture.

At Myers & Co in Staffordshire, our specialist employment lawyers have extensive experience and knowledge of the tribunal process to defend the claim properly on your behalf. We will give you honest advice from the outset on the quickest and most cost-effective way to resolve the dispute.

Taking legal advice early could even prevent the claim from getting to the tribunal. Often a claim can be settled for a small amount, avoiding bad publicity and outweighing the cost of management time spent in defending it.
Or we could help you reach a binding agreement through conciliation.

If the claim does go to tribunal, we will support you by making sure that all the paperwork is correctly completed and filed on time. We will help gather evidence and prepare witness statements and represent you at the final hearing and appeal.

Our EmployerAssist service could provide you with further peace of mind, giving you a dedicated helpline to our employment law specialists, a bespoke annual audit, access to our database of contracts and policies and regular updates at a fixed monthly cost.

Based in Stoke-on-Trent, Staffordshire, our specialist employment solicitors offer independent legal advice and representation on all types of employment law problems.  To find out more, contact us on 01782 577000.