• LOCK & MARLBOROUGH : SPECIALISTS IN Residential & Commercial Property | Private Client Services | Litigation | Mediation

Solicitors and Mediators

020 8993 7231

enquiries@lockandmarlborough.co.uk

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Employment Law

In this increasingly complex area our Employment Department has many years' experience in advising both employees and employers on all aspects of employment law.

For employers we are able to advice on engagement, retention and termination of staff including Contracts of Employment, Grievance and Disciplinary procedures and good working practices to avoid potentially costly litigation. We also provide employment advice in relation to defending claims before the Employment Tribunal brought by an employee for unfair dismaiisal or wrongful dismissal.

For employees we are able to advise on Settlement Agreements, Unfair Dismissal, Maternity and Paternal rights, Discrimination, Victimisation, TUPE, Redundancy and general employment advice ensuring that you get the best possible outcome and, if necessary, we will provide representation in either the Employment Tribunal or Court.

We will be pleased to discuss with you the most appropriate funding for your case.

Fees

The fees set out below are a general guide to employers and employees. We can offer a more personalised quote if you telephone us and provide details of your circumstances

Our pricing for bringing and defending claims for unfair or wrongful dismissal -

Simple case: £1000 to £4500 plus VAT @ 20% and disbursements

Medium complexity case: £3500 to £7500 plus VAT @ 20% and disbursements

High complexity case: £7500 to £20,000 plus VAT @ 20% and disbursements

Factors that could make a case more complex:

If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim

Defending claims that are brought by litigants in person

Making or defending a costs application

Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)

The number of witnesses and documents

Multiple parties or multiple claimants in discrimination matters

If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer

Allegations of discrimination which are linked to the dismissal

There will be a charge for attending a Tribunal Hearing of £750 per day (excluding VAT @ 20% ). Generally, we would allow 3 days depending on the complexity of your case.

Disbursements are costs related to your matter that are payable to third parties, such as court fees (although no fees are currently payable in the Employment Tribunal). We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel's fees are estimated to be £2000 for the first day and £500 per day thereafter (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).

Services included and Key stages

The fees set out above cover all of the work in relation to the following key stages of a claim:

Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change)

Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;

Preparing claim or response

Reviewing and advising on claim or response from other party

Exploring settlement and negotiating settlement throughout the process

Preparing or considering a schedule of loss

Preparing for (and attending) a Preliminary Hearing

Exchanging documents with the other party and agreeing a bundle of documents

Taking witness statements, drafting statements and agreeing their content with witnesses

Preparing bundle of documents

Reviewing and advising on the other party's witness statements

Agreeing a list of issues, a chronology and/or cast list

Preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication and if some of stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, your case is likely to take approximately 12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take approximately 6 months; with the claim being lodged within 1 month, a response being received within 2 months, disclosure taking place within 3 months and witness statements being exchanged within 4 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

Contacts

Please contact our experts in this service to discuss further;

Edward Lock

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