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Hattersleys Solicitors, Mexborough

Employment Law

Bringing an Unfair Dismissal Claim (Employee)

These charges relate to providing advice and representation to employees in relation to bringing claims before the Employment Tribunal against an employer for unfair or wrongful dismissal.

We charge on average between £5,000 to £7,500 plus VAT for this work.

This estimate is intended to give you some indication of costs. The actual cost to you will depend on a number of factors that we will discuss with you if you decide to instruct us.

Our charges are either:

a) Hourly
Our hourly charging rates are £180 per hour plus VAT.

b) Fixed fees
Where we are able to offer fixed fees, these rates are approximately:
• £60 ( plus VAT) for each ½ hour for an initial consultation to review paperwork, take instructions and advise you upon your position
• £300 to £500 (plus VAT) for dealing with an ACAS conciliation
• £300 to £500 (plus VAT) for preparing the Tribunal papers and issuing proceedings
• £1,250 to £2,500 (plus VAT) for progressing the case to a final hearing
• £500 to £750 (plus VAT) for dealing with the final hearing

c) Damages based agreement
In some cases, we may be able to offer a damages based agreement, which is a form of “no win no fee” arrangement. In this type of funding arrangement if your claim is unsuccessful you would not pay anything to us though you would be responsible for payment of any disbursements incurred (see below). If your claim is successful and you recover compensation, our fee is 35% of your total compensation sum.

Additional costs you may need to pay

There may be other costs on top of our fees called disbursements. These are fees and charges that we need to pay on your behalf as part of the process, such as barrister’s fees and expert fees.
Any additional fees will be discussed with you before they are incurred so that you have the opportunity to approve the expenditure. The cost of disbursements will vary on a case by case basis.
In normal cases the Employment Tribunal rules are that each party must bear their own legal costs, so there is a small risk that you would have to pay any legal costs to the opposing party if the claim is lost. If this situation did arise at any time during the claim, we would advise you and discuss the matter with you.

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Defending an Unfair Dismissal Claim

These charges relate to providing advice and representation to employers in relation to defending unfair or wrongful dismissal claims brought before the Employment Tribunal by an employee.

We charge on between £2475.00 to £7,500 plus VAT for this work. This estimate is intended to give you some indication of costs. The actual cost to you will depend on a number of factors that we will discuss with you if you decide to instruct us.

Our charges are either:
a) Hourly
Based on our hourly charging rate of £200 per hour.

b) Fixed fees
Where we are able to offer fixed fees, these rates are approximately:
• £125 to £200 plus VAT for an initial consultation to review paperwork, take instructions and advise you upon your position
• £300 to £500 for dealing with an ACAS conciliation
• £300 to £500 for preparing Tribunal papers and a response to the proceedings
• £1,250 to £2,500 for progressing the case to a final hearing
• £500 to £750 for dealing with the final hearing

Additional costs you may have to pay
There may be other costs on top of our fees called disbursements. These are fees and charges that we will need to pay on your behalf as part of the process, such as barrister’s fees and expert fees.

Any additional fees will be discussed with you before they are incurred so that you have the opportunity to approve the expenditure. The cost of disbursements will vary on a case by case basis.
In normal cases the Employment Tribunal rules are that each party must bear their own legal costs, so there is only a small risk that you would have to pay any legal costs to the opposing party if you are not successful in defending the claim. If this situation did arise at any time during the claim, we would advise you and discuss the matter with you.

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Settlement Agreements

A settlement agreement is a contract where an employee agrees to give up any employment claims against their employer, usually in exchange for compensation. Employers often use these agreements to lay out the terms under which an employee will leave the company.

Why Do Employers Use Settlement Agreements?

Using a settlement agreement can often avoid formal disciplinary or redundancy procedures. This can save time and money, and also remove the risk of claims for unfair dismissal.

To prevent employment law claims, an agreement has to meet certain requirements. It has to be in writing and the employee must get independent legal advice on what the agreement means from a qualifying legal adviser.

How Can We Help you?

Your employer will usually offer to draft a settlement agreement. We can help you negotiate to ensure the terms are fair. This could include:

•  Compensation or redundancy payments

•  Confidentiality

•  An obligation not to make negative comments about you

•  An agreed reference

How much are our fees?

Depending on how complex the agreement is and how much work we have to do on your behalf our charges range from £250 to £500 plus VAT. If you have been offered a settlement agreement your employer will usually contribute towards your legal fees and this contribution may cover the total cost of obtaining our advice.

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Solicitor Tim Seal, Rotherham, South Yorkshire

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