Unfair and/or Wrongful Dismissal Fees for Employers

If you have terminated an employment contract and an employee raises an unfair and/or wrongful dismissal claim against you, our employment team can support and advise you on your position and provide practical and robust recommendations to minimise disruption to you and your business.  Our team are highly experienced in settling claims before they reach court but are able to represent you at an Employment Tribunal if necessary.  

Funding options

If you have Legal Expenses Insurance (LEI), depending on your particular insurance provider, part or all of your legal fees may be covered.  We recommend exploring this with your insurance providers directly.

If you do not have LEI you will be able to pay privately.

Range of costs

When acting in such matters costs are calculated based on our hourly fee rates.  The cost of your matter will depend upon the complexity however below are the average ranges for simple, medium, and high complexity matters.

Simple matters:                                  £8000 to £12,000 plus VAT (currently 20%)

Medium complexity case:                 £12,000 to £20,000 plus VAT (currently 20%)

High complexity case:                       £20,000 to £60,000 plus VAT (currently 20%)


The above costs would include:

  • Taking initial instructions;
  • Reviewing papers;
  • Representation during ACAS Early Conciliation (where this is mandatory);
  • Advising on merits and likely compensation;
  • Completion of claim form outlining your response to the claim (ET3);
  • Drafting witness statements; 
  • Defending a claim up to and including trial.

Please note - The above costs do not include Solicitors’ costs for attendance at trial or barrister fees should we be required to instruct a barrister (Counsel).

Factors that may increase complexity:

  • Attendance at conference(s) with Counsel and at Tribunal hearing;
  • Obtaining witness statements;
  • Mediation;
  • Jurisdictional issues;
  • Making or defending a costs application;
  • Allegations of discrimination which are linked to the dismissal.

Alternatively, as the fees are calculated on an hourly fee basis, if a matter settles early then usually the cost will be lower.

Disbursements

Additional disbursements that you may be required to pay:

Counsel’s fees (estimated):

  • Simple case: £2,000 plus VAT.
  • Medium Complexity case: ‘Brief fee’ (usually includes trial preparation and the fee for first day spent in Tribunal): £2,500 plus VAT; ‘Refresher fees’ (covering each subsequent day spent in Tribunal) £1,000 plus VAT (per subsequent day).
  • High Complexity case: Brief fee £3,500 plus VAT; Refresher fees: £1,500 plus VAT (per subsequent day).

Timescales

Employment matters will vary according to complexity.  Unfair and wrongful dismissal matters are usually concluded within 4 to 18 months.  Factors impacting on the timescale will include how cooperative and responsive your ex-employee and/or their legal representation is.  We will always aim to progress your case as quickly and efficiently as possible and keep you updated.

Employment specialists

Our highly experienced employment law team provides clear, helpful employment law advice and representation to businesses, workers, employees, directors and professionals.

The team is led by David Baynton, Partner, who specialises in employment law and has acted for a wide range of employers as well as senior executives and employees.  He qualified as a solicitor in 2010 and has over a decade of experience advising on contracts and terms and conditions of employment, handbooks, policies and procedures, restructures and redundancies, discrimination, TUPE, settlement agreements, and litigation in courts and employment tribunals.  David will lead your case and be supported by Laura Ramos, Trainee Solicitor and Kinga Burzynska, Paralegal.

For further information  please get in touch with our Employment Team by calling 0117 929 0451, email or completing our website enquiry form.


Team members

Hr Business Breakfast
News

What you need to know before you interview a candidate

August 17, 2017

Now that job candidates can issue employment tribunal claims without paying any fees, employers need more than ever to get workplace issues right....

Floodgates
Bulletins

Have the Employment Tribunal floodgates been opened?

August 03, 2017

It’s a question many businesses and employer organisations are asking themselves, following last week’s Supreme Court decision that charging fees for Employment Tribunal claims is unlawful. It was per...

Data
Bulletins

Are you Data Protection fit?

July 19, 2017

Next year heralds a new dawn when it comes to data protection as the General Data Protection Regulation (GDPR) comes into force on 25 May 2018. Its aim is to address the significant advances in inform...

Burroughs Day Business Trial By Press
Bulletins

Why ‘trial by media’ is a bad way to decide workplace disputes

July 03, 2017

Head of Employment Law Julia Beasley advises parties to ongoing Employment Tribunal proceedings to make no comment – at least until the outcome of the case....

Settlement Agreement
Bulletins

How and when should you use a Settlement Agreement: A free guide for employers from our Bristol Employment Solicitors

June 13, 2017

If you have a difficult situation with an employee or your business needs to save money, a settlement agreement may be a cost-effective and low-risk alternative to dismissing a member of staff. The se...

Man In Shorts Image
Bulletins

Do men in the workplace have to wear the trousers?

June 23, 2017

This week we saw the hottest June since the summer of 1976, which undoubtedly caused uncomfortable conditions for many workers. ...

Ramadan And Work
Bulletins

Religious freedom at work: balancing staff rights with business needs

June 08, 2017

Ramadan has begun and will last until Sunday 25 June this year.  We offer a guide for employers on this religious observance of the Muslim community, including ways to support your workforce. The prin...

Juliabeasley
Bulletins

A change of structure for Burroughs Day - practising what we preach

May 01, 2017

On 1 May 2017, we left the QualitySolicitors network and launched our new Burroughs Day brand.  It’s an exciting time for us and all our clients. Please be assured that you will receive the same high ...

Payref
Bulletins

Going public on workers’ pay

April 06, 2017

‘Mind the gap’ now has a distinct meaning for workers’ pay. Wages, salaries and bonuses are about to become public property, as this month sees new legislation that will force some employers to publis...

Femaleworker
Bulletins

Can a worker be sacked for wearing a headscarf?

March 15, 2017

The latest EU ruling doesn’t mean that employers are free to ban headscarves in the workplace, says Julia Beasley, Head of Employment at Burroughs Day. A Muslim worker in Belgium was dismissed for wea...

Maternityleave
Bulletins

What is ‘reasonable contact’ during maternity leave?

March 01, 2017

Most employers will be aware of the need to keep in contact with staff members on maternity leave. But are you aware that too much contact with such a staff member may be unreasonable and even discrim...

Highheels
Bulletins

Is your image keeping your staff down at heel?

February 10, 2017

The case of Nicola Thorp continues to run and run – unlike Nicola herself, who was hamstrung by a rule that she must wear high heels to work....

Socialmedia@office
Bulletins

Social media – what you can do to protect your business

November 10, 2016

Online social tools can be a great method for making and keeping in touch with business contacts, sharing information and updates about topical issues, posting articles, and promoting your brand and s...

Holidayleaveimage
Bulletins

Should holiday pay include voluntary overtime?

October 10, 2016

The recent case of Brettle v Dudley Metropolitan Borough Council confirmed that regular voluntary overtime should be included in holiday pay under certain circumstances....

Black Nurse And Patient Social Care Shutterstock 305975612 1
Bulletins

Employment contracts & policies – top tips for care providers

June 05, 2017

It’s vital to have the right type of contracts and policies in place regarding your staff. They need to be robust, legally compliant, and tailored to your organisation. Here’s my five top tips to help...

arrowarrow-leftburgerLarge M Inc BD Logo - transparentchevroncloseUntitled-2iconmonstr-facebook-6 (1)tick