Employment

Employment is a complex area of law. Your rights are not always as straightforward as you may think, and employment rights usually have a short limitation period which is why it is important to seek prompt expert advice when faced with an employment issue such as a query over contract terms, a dispute with your employer or a termination package.

At Beverley Morris & Co, we provide advice to a wide range of clients, offering specialist guidance and representation in the following areas.

How can we help you?

Advice to employees on the terms and effects of a settlement agreement with their employer is usually charged as a fixed fee with the employer paying all or part.

Please contact Huw for more information:

+44 (0)20 8852 4433
huw@beverleymorris.co.uk

We have experience in a wide range of employment disputes from simple unfair dismissal and contract claims to more complex whistleblowing, seven figure discrimination, jurisdictional, bonus, pension and fiduciary disputes.

It is difficult to predict costs for employment tribunal cases with any degree of certainty because costs will reflect the type of claim from the simple to the more complex as well as the number of issues and witnesses, the extent to which witnesses are able to provide cogent first drafts of witness statements and the volume of documentary evidence.

Other facts which could make a case more complicated could include: making or defending an application to amend a claim or to provide further documents or for information about a claim or for costs; defending claims brought by a litigant in person; where an employer considers that there is point of principle or of strategic importance at stake and decides to spend a disproportionate sum in resisting the claim; and where there are proceedings afoot in more than one country.

The value of a claim is also likely to be relevant in that a high value claim may justify pursuing documents, issues and tactics which might be disproportionate in the case of a less valuable claim.

It is not always possible to know the value of a claim at the outset of a case because the ability of the Claimant to mitigate their loss may be unknown.

Generally we might expect a simple low value claim, which results in a final hearing lasting one day to cost £7,000 to £10,000 excluding VAT.

A medium complexity case resulting in a final hearing lasting two or three days is likely to cost £13,000 to £20,000 excluding VAT.

A high complexity case such as whistleblowing or discrimination will generally result in a longer hearing usually lasting 4 to 5 days and might cost in the region of £25,000 to £40,000 excluding VAT with longer cases tending to cost around £1,500 to £5,000 excluding VAT for each extra day of trial. A very high value, particularly complex, multi-jurisdictional case will probably exceed these figures.

We will provide costs advice tailored to the facts and issues of your particular case once we have taken your initial instructions and we will keep costs under review and updated as your case progresses.

Disbursements

 Disbursements are costs related to your matter that are payable to third parties, such as Court or any Tribunal fees.  We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel’s fees estimated between £500 to £3,000 per day, (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

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 some of the stages above may not be required. 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 4 to 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 26 to 52 weeks. 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.

An initial consultation for advice on a new contract of employment or a dispute arising whilst still employed, or after having left employment will usually involve a one to two hour meeting, review of your documentation and sending a confirmatory letter of advice. This work is charged at £280 per hour plus VAT and is likely to cost in the region of £500 to £1,000 plus VAT but the actual costs will depend upon the complexity of your instructions, the volume of documents and the issues.

Most statutory employment claims have a very short limitation period requiring prompt action on the part of an employee and it is therefore important that you act promptly or you may miss a limitation period.

Similarly, if you are still employed but you consider that your employer has done something fundamentally wrong then it is important to take speedy advice because if you continue to work but then wish to raise the matter at a later date, you may be deemed to have waived and lost the right to claim constructive dismissal.

We advise you to check your insurance policies to see whether you have “before the event legal expenses insurance” and, if so, whether it provides cover for an employment claim. If it does, then most policies will require prompt notification to your insurer. Many individuals have legal expenses insurance cover included within their home contents insurance without being aware of it.  If yours is a policy requiring you to use your insurer’s panel solicitor, then you may wish to see them in the first instance but at the point where you are ready to issue the claim, you should be free to choose your solicitor.

Please contact Huw if you wish to discuss instructing us in connection with an employment matter or for more information.
+44 (0)20 8852 4433
huw@beverleymorris.co.uk

Employment Team

Huw Jones

Head of Litigation
Blackheath Office
Email Huw