Whilst it is better to try to resolve a dispute directly with an employer, there will be times when it simply is not possible. In those cases, you may be called before an employment tribunal. You may feel that the balance of power is weighted to heavily on their side and that you have no other option but to start legal proceedings. With Poole Alcock on your side you do not have to face it alone.
Our specialist employment solicitors will guide you through the process, outlining the choices available and recommending the best route for your case. If you do need to go a tribunal, we will guide you through the work of the tribunal panel, ensure you are fully prepared and help you achieve the best outcome for you from the panel’s legally binding decision.
Hourly rate work is carried out at a rate of £250 + VAT per hour. Alternatively fixed fee retainers can be agreed with you at the following rates:
STAGE 1:- Initial Advice
In order to assess whether there is value in your claim it is important to have an initial face to face meeting.
It is useful to have all of the relevant documents ready for this meeting.
During this meeting your potential case will be considered. If it is deemed that it is not worth pursuing your case you will be informed at this stage.
It is essential that your funding options are considered at the outset. It may be that you have Legal Expenses Insurance (“LEI”) or be a member of a Trade Union. These organisations may agree to cover your case if you meet certain criteria.
In most cases, if you do have cover through LEI or a Trade Union, they will allow Poole Alcock to represent you.
STAGE 1.2:- Preparation of Statement
If it is decided that there is a value in you proceeding it is important that a statement is prepared.
The statement will detail the chronology and issues you experienced.
STAGE 2: LEI and Trade Union funding application
This section only applies if you have a relevant LEI policy or are a member of a Trade Union.
The process of dealing with the Insurer or Trade Union isn’t always straight forward. The table below represents the costs for handling this process. In order to stand the best chance of your Insurer covering your case it is important that the case is properly explained to the decision maker at the Insurance company or Trade Union.
Please note:- Employment Tribunal Proceedings have very strict time limits. It may be that your case has to be issued before a decision has been made by the Insurer or Trade Union. In these cases the Insurer is unlikely to refund any of the fees incurred before they make a decision.
Instructing a Barrister to prepare “Advice on Prospects”
STAGE 3: Settlement Negotiations
If you do not have LEI or a Trade Union covering your fees the next stage is to explore whether the Employer will consider agreeing a financial settlement with you. If negotiations are successful a Settlement Agreement would be prepared (at no additional charge).
The following stages apply:-
Without Prejudice Letter
This is a letter which is sent to your Employer before ACAS early conciliation. The objective is to describe your case and to seek a compensation payment. If this is not successful the next stage is to proceed to Early Conciliation.
£500.00 + VAT
Early Conciliation ACAS
Before proceedings can be issued in the Employment Tribunals you must comply with Early Conciliation. This involves submitting an “Early Conciliation Notification”, speaking with ACAS and then seeking to negotiate. If this is not successful the next stage is to consider issuing the claim at the Employment Tribunal.
£1000.00 + VAT
STAGE 4: Issuing an Employment Tribunal Claim
If the Employer does not wish to consider a financial settlement and you wish to continue with the dispute the next stage is to issue an Employment Tribunal claim. (“ET1”).
Preparation of ET1 claim form
The “ET1” is the document which sets out the details of your claim against the Employer. It is important that the claims is properly argued and includes all relevant details.
It is preferential to have a meeting and work on this document face to face. However arrangements can also be made to deal with this on the phone or via email.
£1000.00 + VAT
Review of ET3 Response
The “ET3” is the formal response to your claim. It is always useful to spend time going through the response to see if there any issues which need to be addressed at an early stage.
£250.00 + VAT
STAGE 5:- Employment Tribunal Preliminary Hearings
The purpose of Preliminary Hearings is for the Tribunal to decide upon a timetable for the various activities leading up to a Trial.
Not all cases require a preliminary hearing or case management hearings and it may be that the Tribunal proceeds immediately to Stage 6.
Preparation for Preliminary Hearing
This would involve preparing an Agenda for the hearing which itemises the issues to be considered and what evidence will be relied upon.
£500.00 + VAT
Barrister’s Attendance fees
£350 p+ VAT
£500 + VAT
In some cases the Tribunal may agree for the hearing to be dealt with over the phone in order to save time and costs. However, this is a decision for the Tribunal and in many cases the Tribunal judge prefers the parties to attend in person.
Additional Case Management Hearings
Usually there will be no need for additional hearings before the Trial, however, this can happen if there are applications made by either side. Fees would be quoted at the time.
£300 + VAT
STAGE 6:- Employment Tribunal Directions
“Directions” are a list of activities which parties in an Employment Tribunal must carry out before a Trial. A failure to complete the activity by the set date may result in the claim being dismissed. The Tribunal can set directions on their own initiative or following a preliminary hearing which is mentioned below. These are the most common Directions:-
Preparation of Medical Evidence in relation to disability
In cases in which an Employee is claiming that they have a disability the Tribunal, in most cases, asks for medical proof of the disability at an early stage. We would need to review your medical records and select which documents should be submitted,
£250.00 + VAT
Preparation of a Disability Impact Statement
When disability discrimination is claimed, in most cases, the Tribunal orders you to prepare a statement which deals with how your disability affects your daily activities. It is important that this document is prepared in the correct way.
£500.00 + VAT
List of Documents
The Tribunal will order that both sides (Employee and Employer) to provide a list of all documents in their possession which are relevant to the case. We would need to meet and go through all of the documentary evidence and submit a list to the Tribunal and the Employer.
£500.00 + VAT
Further work would be required upon your initial statement.
Witness Statements are a very important part of Tribunal proceedings. In the Tribunals you are usually expected to read out your statement and so it must be a very precise account of everything that happened.
It is preferable to meet in person to compile the statement but alternative arrangements can be made.
£750.00 + VAT
Schedule of Loss
In this document we would prepare all of your relevant financial losses. This must be compiled in a specific way.
We would also need to consider “evidence of mitigation”. These are details of attempts that you have made to find another job. It is a requirement that, when able, a Claimant should seek alternative work after being dismissed (or constructive dismissal)
£500.00 + VAT
List of Issues
Employment Tribunal judges often order that the parties must prepare a list of the issues to be decided at Tribunal. This is designed to streamline the issues that are being considered in order to save Tribunal time. It is important that this document refers to the correct legal issues.
There is usually no requirement for your involvement in this activity.
Preparation of Trial Bundle
“The Trial Bundle” is the folder of documents which are required for the Trial. There must be sufficient copies for all parties, including the Tribunal panel and the documents must be organised in a specific way.
It is more common for the Employer to be asked to prepare the “Trial Bundle” in which case there will be no cost to you.
The costs have been stated in the event that the Tribunal directs you to prepare the Trial Bundle.
£500.00 + VAT
STAGE 7:- Employment Tribunal Final Hearing “Trial”
The length of the Trial will depend upon the number of witnesses, amount of documentation and the complexity of the issues.
Preparation for Trial
It is very important that everything is properly organised and prepared in advance of the Trial. This involves reviewing the information and instructing a Barrister to represent you.
Sometimes a Barrister may decide that they require a meeting with you before the Trial to discuss any issues and review the evidence.
£1,500 + VAT
Counsel’s fees per day
Hearings listed for a full day £1,250 + VAT
Hearings listed for 2 days £3,000 + VAT
Hearings listed for 3 days £3,500 + VAT
Typically employment tribunal cases will last between 6-12 months. Sometimes cases can last significantly longer though, especially if there are complexities to the case, or if there are several witnesses or a large amount of evidence to be considered. We will always keep you updated with likely timescales based on the particular circumstances of your case.
Scott joined Poole Alcock in 1996, qualifying as a solicitor with the firm in 1998 and becoming a Partner in 2001. Scott became Deputy Managing Partner in 2014 and has overall responsibility for all operational elements of managing the firm.
Scott advises both employers and employees in a wide range of employment law issues including unfair dismissal, discrimination, TUPE, drafting and negotiating settlement agreements and redundancy. Scott handles broad civil and commercial litigation caseload including shareholder and partnership disputes, as well as finance, property and contractual disputes.
Scott also has experience in regulatory defence and defending companies in criminal proceedings.Contact Me
An experienced commercial lawyer specialising in commercial property and corporate transactional work.
Sarah qualified as a solicitor in 1993 before joining Poole Alcock in 2002 and becoming equity partner in 2004. She now heads the commercial department overseeing our commercial property team, corporate and commercial team and employment team.
With a vast variety of experience and knowledge Sarah advises clients on all aspects of property law including the acquisition and development of sites for house builders and landlord/tenant matters. Sarah draws on a wealth of experience with some of her past work including acting for national house builders in the sale of their ground rent portfolios, acquisitions and site set ups.
Sarah’s expertise also includes management buyouts, mergers and acquisitions and all aspects of commercial contracts. Sarah’s successes in this area include multi-million pound acquisitions involving plc companies and management buyouts.
In her spare time Sarah enjoys pilates, travelling and water sports.Contact Me
An experienced employment lawyer.
Adam qualified as a solicitor in 2008 before joining Poole Alcock’s employment department in 2015.
He deals with all nature of employment matters relating to both employer and employee with specific expertise in mental health discrimination, managing redundancy procedures and work place mediation.
Some of Adam’s successes include:
In his spare time, Adam enjoys life drawing as well as being a qualified yoga instructor. He is also fluent in Italian following a 4-year move to Italy post University.Contact Me
Prior to joining Poole Alcock, Jamie completed his Law Degree at Staffordshire University then going on to complete the Legal Practice Course on a part-time blended-learning basis to fit around his full time employment at the time with a local Estate Agent.
Jamie started his training contract with Poole Alcock in September 2017 and has completed seats in Residential Conveyancing and the Family (Care) Department. He recently qualified into the firm’s Employment Team.
In his spare time Jamie enjoys attending a local gym as well as Metafit classes to keep fit.Contact Me
Eve is a Corporate and Commercial Solicitor with experience both in private practice and in-house.
She drafts, reviews and advises upon a variety of corporate and commercial documents including asset/share sales and purchases and supply of goods/services agreements.
In addition, Eve has experience of Employment Law having advised both employers and employees for a number of years. Eve advises on a variety of employment documents including settlement agreements, employment contracts and consultancy agreements.
She also assists clients with their GDPR and data protection requirements including document drafting, staff training and ad hoc trouble-shooting.
Eve recently gained her P.G. Cert in Higher Education and has experience of teaching company, contract and business law at university level.Contact Me
Please submit your information and a member of the Poole Alcock team will respond to you as soon as possible. If you have a quick question, please feel free to call 0800 389 7093