Unfair Dismissal

How our team of employment law solicitors can help with unfair dismissal claims

For employees

If you have been dismissed by your employer without a justifiable reason or appropriate process, you may be able to bring an unfair dismissal claim against them. We pride ourselves on providing clear, concise, and practical advice. Our approach is client-focused, ensuring that you receive the support and guidance you need throughout the process. Here’s how we can assist you:

1. Initial consultation – We’ll discuss your situation in detail, helping you understand whether you have a valid claim for unfair dismissal.
2. Evidence gathering – Our team will assist you in collecting and organising the necessary evidence to support your claim.
3. Negotiation and mediation: We’ll represent you in negotiations with your employer, aiming to reach a fair settlement without the need for tribunal proceedings.
4. Tribunal representation: If necessary, our experienced solicitors will represent you at an employment tribunal, presenting a strong case on your behalf.

For employers

Navigating unfair dismissal claims can be complex and time-consuming. Our team at Nelsons is here to help you manage these issues efficiently and fairly. We provide:

1. Policy review and implementation – We’ll help you develop and implement fair dismissal policies that comply with current employment laws.
2. Training and support – Our experts offer training sessions for your HR team to ensure they understand and follow proper dismissal procedures.
3. Dispute resolution – We’ll assist you in resolving disputes through negotiation and mediation, aiming to avoid costly tribunal proceedings.
4. Tribunal representation – If a claim proceeds to a tribunal, our solicitors will provide robust representation to protect your interests.

For details of our employment law costs and services in relation to bringing or defending unfair or wrongful dismissal claims, please see below.

• Our fees for making or defending unfair or wrongful dismissal claims

  As a guide, we estimate our fees for advising and assisting in bringing a claim to be in the region of:

  • £10,500 to £22,000 + VAT for standard claims e.g. constructive/unfair dismissal
  • £29,500 to £48,500 + VAT for complex claims e.g. discrimination/whistleblowing

  For advising and assisting in defending a claim, we estimate:

  • £12,500 to £25,500 + VAT for standard claims e.g. constructive/unfair dismissal
  • £29,500 to £52,500 + VAT for complex claims e.g. discrimination/whistleblowing

  That excludes time representing at any Tribunal hearings and/or disbursements such as counsel’s fees.

  Factors that could make a case more complex, include:

  • If it is necessary to make or defend an application to amend a claim or to provide further information about an existing claim.
  • Defending a claim that is brought by a litigant in person (a person or business that has the right to address a Court (rights of audience) and is not legally represented by a solicitor or barrister).
  • Making or defending a costs application.
  • Any preliminary issues, such as time limits or whether the claimant is/was an employee.
  • The number of witnesses and documents involved in the claim.

• Disbursements

  Disbursements are costs related to your matter that are payable to third parties, such as barrister or advocate fees. These are in addition to the fees detailed in the previous section. We handle the payment of the disbursements on your behalf to ensure a smoother process.

  Barrister or advocate fees are estimated between £800 to £1,200 per day (depending on the experience of the barrister or advocate) for attending an employment tribunal hearing (there may also be additional charges for preparation or a conference before the hearing).

• Our service

  The fees listed in the previous section cover all of the work in relation to the following key stages of a claim, which include:

  • Taking your initial instructions, reviewing the papers and advising you on the merits and likely compensation (this is likely to be revisited throughout the matter and is subject to change).
  • Entering into pre-claim conciliation, where this is mandatory, to explore whether a settlement can be reached.
  • Preparing a claim or response.
  • Reviewing and advising on a claim or response from the other party.
  • Exploring a settlement and negotiating a settlement throughout the process.
  • Preparing or considering a schedule of loss.
  • Exchanging documents with the other party and agreeing on a bundle of documents.
  • Taking witness statements, drafting statements and agreeing on the content with witnesses.
  • Preparing bundle of documents.
  • Reviewing and advising on the other party’s witness statements.
  • Agreeing on a list of issues, a chronology and/or a cast list.

  The stages set out above are an indication and if some of the 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 according to your individual needs.

• Timescales for unfair or wrongful dismissal claims

  The time that it takes from taking your initial instructions to the final resolution of your matter depends on the stage at which your case is resolved and how busy the employment tribunal, which is handling your claim, is. If a settlement is reached during pre-claim conciliation, your case is likely to take four to six weeks. If your claim proceeds to a final hearing, your case is likely to take up to nine 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.

Why Choose Nelsons?

• Expertise – Our solicitors have extensive experience in handling unfair dismissal claims for both employees and employers, ensuring you receive knowledgeable and effective representation.
• Client-centred approach – We communicate in everyday English, avoiding unnecessary legal jargon, and focus on making the process as straightforward as possible for you.
• Proven track record – We have a history of successfully resolving unfair dismissal claims, helping clients achieve favourable outcomes.
• Recognised expertise – We are recognised for employment law by The Legal 500, highlighting our commitment to providing top level legal services.

Testimonials…

For further information on how our expert team of solicitors in Derby, Leicester and Nottingham can assist you with a claim, please call 0800 024 1976 or contact us via our online enquiry form for a guaranteed response.