About the team
The employment team has particular expertise in providing representation in complex and sensitive employment litigation, in the Employment Tribunal and civil courts, as well as in providing advice to employer organisations on workforce issues including recruitment, contractual terms and conditions, HR policies and practices, managing disciplinary and grievance processes, bullying and harassment, managing sickness absence, equality and diversity, reorganisation and TUPE. The team regularly provide training and workshops on a wide range of employment matters.
We have over 50 members of the team who may work on your matter. Regardless of who works on your matter, they will be supervised by one of the following employment partners;
- Martin Hamilton – Managing Partner
- Rachael Heenan – Senior Partner
- Victoria Watson – Head of Employment, Partner
- Andrew Rowland – Partner
- Sian Bond – Partner
- Bridget Prosser – Partner
Details concerning the experience and qualifications of our individual employment team members can be found here.
The employment team at Capsticks can offer a variety of pricing arrangements to clients based on hourly rate or fixed fee options. A list of our standard hourly rates ordered by level of lawyer can be found here. Preferential rates are available to clients using procurement frameworks. Speak to one of our team to ask about the preferential rates available.
Our indicative pricing for bringing and defending claims for unfair or wrongful dismissal;
- Simple case: £8,000 (excluding VAT)
- Medium complexity case: £12,000 (excluding VAT)
- High complexity case: £15,000 (excluding VAT)
Factors that could make a case more complex:
- If it is necessary to make or defend applications to amend claims or to request or 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 employment status or whether a 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 the claimant alleges that they were dismissed after blowing the whistle on their employer
- Allegations of discrimination which are linked to the dismissal
There will be an additional charge for using our in-house advocates to represent at a Tribunal Hearing of up to £2,950 per day (excluding VAT and dependent on the level of experience of the advocate). Generally, we would allow 1 to 3 days depending on the complexity of your case. However, very complex cases involving a number of allegations of discrimination or whistleblowing can take much longer.
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.
Where your case requires the involvement of external Counsel, Counsel's fees will be incurred, estimated between £1,500 to £6,000 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation).
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
- Reviewing documents and exchanging documents with the other party
- Agreeing and preparing a bundle of documents
- Taking witness statements, drafting statements and agreeing their content with witnesses
- Reviewing and advising on the other party's witness statements
- Agreeing a list of issues, a chronology and/or cast list
- A pre-hearing conference with witnesses, if required
- Preparation and attendance at Final Hearing, including instructions to in-house advocate/Counsel
The stages set out above are an indication and if some of the stages above are not required, the fee will be proportionately 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 based 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 case proceeds to a Final Hearing, it is likely to take 6 to 12 months, depending in particular on the availability of an Employment Tribunal judge or panel to hear the case. 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.