poole alcock employment law 1024x683 - Representation at Employment Tribunals

Representation at Employment Tribunals

Our specialist employment lawyers are on hand to help you every step of the way through Employment Tribunal proceedings.

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Employment Tribunals

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.

At Poole Alcock we have all the experience you need to provide clear, informed advice. We can prepare for a tribunal, leaving you free to maintain your commercial focus and ensure you are fairly represented.

Fees for Representation

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

Initial Meeting

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.

£500.00+ VAT


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.

£500.00 +VAT


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”

£350 +VAT


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

  1. Telephone Hearing

£350 p+ VAT

  1. In person

£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

Witness Statements

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

(per statement)

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.

£500.00 +VAT

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

 

How long does an Employment Tribunal case take?

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.

Make An Enquiry

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

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