Unfair Dissmissal

Unfair Dissmissal

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.

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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We are here to help

To discuss how Macks specialists can help provide a customised solution to suit your legal requirements, please call us without obligation.

Middlesbrough Office: 01642 252828
Darlington Office: 01325 389800
Redcar Office: 01642 293334

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Contacting Us

0800 652 4321 office@macks.co.uk

Head Office

4 Woodlands Road
Middlesbrough
TS1 3BE
United Kingdom

Company Registration Number: 04609487 VAT Number: 660 001 395

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Middlesbrough

4 Woodlands Road
Middlesbrough
Cleveland
TS1 3BE
United Kingdom