Introduction

As part of our professional rules, we aim to ensure that anyone using our services has the information they need to make an informed choice of legal services provider, including understanding what the costs may be.

Why instruct Peter Dunn Solicitors?

From our offices in Sunderland and Seaham, Peter Dunn Solicitors provides expert advice to both employees and employers on a wide range of issues, and can personally represent at the Employment Tribunal in matters relating to unfair dismissal, discrimination, breach of contract and wages.

In particular we can advise employees in respect of:

• Unfair dismissal
• Wrongful dismissal
• All aspects of discrimination
• Redundancy
• Contracts of Employment
• Transfer of undertakings (TUPE)

In respect of employers we can advise upon:

• The procedure for correctly dismissing employees for misconduct matters or redundancy
• The drafting and implementation of disciplinary procedures, tailored to your firm’s needs
• The drafting and implementation of a grievance procedure
• The production of contracts of employment, for all employees
• The production of a staff handbook
• The production of policies and procedures that suits your business needs
• Employment Law legislation
• Termination of employment
• Settlement Agreements
• Transfer of undertakings (TUPE)

Our Employment Team

Andrew Tilbury
Director-Solicitor

Bringing and defending claims for unfair or wrongful dismissal

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.

Anticipated charges and expenses

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
• 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 an additional charge for attending a Tribunal Hearing of £1140 per day (including VAT). Generally, we would allow 2 days depending on the complexity of your case.

Disbursements

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

Counsel’s fees estimated between £1000 to £1500 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

How long will this take?

It is difficult to estimate with any precision how long an Employment Tribunal matter will take as it will be influenced by many factors, some of which are outside of our control. 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 10 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 52 – 80 weeks due to Employment Tribunal backlog of cases. 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.

Updated: January 2021