Anyone who is dismissed by their employer has rights. What those rights are depends on why the employee was dismissed, what their contract of employment states they are entitled to and how long the employee worked for the employer. If you believe you were unfairly dismissed or felt pressured to resign in response to an action by your employer, contact us today for expert legal advice.

The law surrounding dismissal is complicated and people are often unsure about whether they can make a compensation claim. Length of employment is a common concern, with different employment periods applying to different dismissal situations. That’s why it’s important to seek legal advice as soon as possible if you feel you’ve been unfairly dismissed.

If an employee qualifies for protection from being unfairly dismissed, they can make a compensation claim against their employer through an employment tribunal. Anyone who wants to make a claim for unfair dismissal must lodge the claim within three months of the day their employment ended. A tribunal will only consider claims that are submitted late in very limited circumstances. Seeking the right legal advice is therefore extremely important.

How Macks Can Help

We will thoroughly explore your case and determine whether you are a victim of unfair dismissal. If this is the case, we’ll work to claim the compensation you deserve, negotiate on your behalf and, if necessary, represent you before an employment tribunal.

We will discuss the funding arrangement that best suits your case and provide you with efficient, practical advice.

Contact our employment department if you think you have been unfairly dismissed to discuss your options.

How much do our services cost?

Employment Tribunal claims for wrongful or unfair dismissal – Claimant

Our charges for advising and representing you in bringing an Employment Tribunal claim against your former employers for wrongful or unfair dismissal are calculated on the basis of the time that we spend in dealing with your matter.  This is charged at an hourly rate of £146 per hour spent on your matter.

There are four main stages to your claim and the costs will depend on how far through the process you go and the complexity of your claim.

ACAS Stage

Our fees in dealing with this stage will include the following:

Taking your initial instructions, reviewing the papers and advising you on the merits of your claim and likely levels of compensation.

Entering into pre-claim conciliation via ACAS on your behalf.

This can take up to four months depending on the limitation date to bring your claim and the length of negotiations. Our average costs for this stage are from £200 to £500.

Issuing your Claim

Our fees in dealing with this stage will include the following:-

Advising you on the Employment Tribunal process, preparing the necessary documents to issue your claim with the Tribunal and sending these to the Tribunal for issue.

This process can take a further one to two months and our average costs are from £500 to £1,000.

Preliminary Hearing

Our fees in dealing with this stage will include the following:-

Reviewing the response from your employer and advising you on their response, preparing a schedule of your losses, exploring and negotiating settlement, agreeing a case management agenda and preparing for and attending the preliminary hearing.

This process can take a further two to three months and if your claim goes to this stage our average costs are from £1,00 to £2,000.

In addition we may need to instruct a Barrister to advise you and to represent you at the preliminary hearing and this is likely to cost from £350 to £900 depending on the experience of the Barrister we instruct.

Final Hearing

Our fees in dealing with this stage will include the following:-

Advising you on the outcome of the preliminary hearing, exchanging documents with the other side and agreeing a bundle of documents, preparing witness statements and agreeing their content with witnesses, obtaining a medical report if your case includes any medical issues, reviewing and advising on the other side’s witness statements, agreeing a list of issues, preparing for the final hearing, instructing a Barrister to represent you and attending the Hearing with you.

This process can take a further three to four months and our average costs should your case go to this stage are from £2,000 to £6,000.

We will need to instruct a Barrister to represent you at the final hearing and their costs are likely to be £1,500 to £3,000 with an additional daily cost of approximately £850 per day that your hearing lasts.

In addition, if your case involves any issues relating to your health we may need to obtain a medical report which is likely to cost between £200 and £500 for a standard report.

The following factors are likely to put your costs at the upper end of the ranges given:-

  • There are a large number of witnesses or documents
  • Medical evidence is required in relation to whether you are disabled
  • Counsels opinion is required on a specific area of law
  • Additional applications are needed, including in relation to additional orders required or amendments to the claim.
  • Your dismissal was for a reason that is classed as an “automatic” unfair dismissal e.g. you have been dismissed after whistleblowing.
  • Your dismissal involved other factors such as discrimination.

We may be able to offer you a Contingency Agreement to fund your claim if we consider that your claim is suitable for this.  If we do, you will not need to pay our legal costs up front, however you will need to pay any disbursements (payments we need to make to others such as your barrister or medical report) and we will charge you a percentage of your damages at the end of the matter if you win instead of our hourly rate fees.

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Frequently Asked Questions
  • I have been dismissed by my employer and I think it was unfair. Can I make a claim?
  • If you think the dismissal was unfair then you need to take advice. Dismissal can be unfair either because the employer decided to dismiss when they didn’t have proper grounds on which to do so, or where they dismiss without following a proper procedure. A solicitor can advise you on your chances of winning a claim

  • How long do I have to be employed for to qualify for unfair dismissal?
  • The starting point is that you need to have been continuously employed by your employer for a minimum period of two years before you have the right to bring a claim for unfair dismissal.  However, it is important to remember that employees are protected (and can bring claims without any qualifying period of continuous employment) in an increasingly large number of situations, including all forms of discrimination.  It is very important to take advice straightaway.  The first thing a lawyer will need to understand is why you were dismissed.  Only then is it possible to say whether or not you have a right to bring a claim, and whether or not it is likely to succeed.

  • How do I know if I have been unfairly dismissed?
  • It isn’t often that an employee who was dismissed believes that they deserved to lose their job.  Whether or not a dismissal is unfair or not depends on all of the evidence and the procedure that was followed.   A solicitor can advise you.

  • What could I be awarded if my claim is successful?
  • There are a number of awards which can be made in the event of a successful claim.  The main two awards are the “basic award” which is calculated by reference to your earnings and length of service.  The other main award is “compensatory”, and is intended to compensate you for your actual losses as a result of being unfairly dismissed.  There are a number of limits on what can be claimed.  Again, you should take legal advice.

  • What is the time limit for submitting a claim?
  • For most claims the time limit is three months (less one day) from the date on which your employment is terminated or the date of the act which has given rise to the complaint.  It is very important to understand that very often the time limit is not clear in certain circumstances.  For example, if there has been ongoing discrimination then the time limit will run from the last of the events that give rise to the claim.  It is also important to remember that it is now compulsory that ACAS are given the opportunity to conciliate before a claim is presented to an Employment Tribunal.  This conciliation will affect the time limits.  Each case is different.  It is essential that you take advice quickly and establish the precise time limit in which you must bring a claim.  It is also important to remember that certain claims have different time limits.  For example, a claim for a redundancy payment has a time limit of six months less one day.