Our ways of working and fees

Standards of service

Our promise to you

We’re delighted to be working with you.  If we are not yet working with you, then we’re really looking forward to getting to know you.  We really want to listen to your vision, goals and ambitions, and then help you achieve them. 

We don’t just know the law, we know how to apply the law to you, your business and/or your industry.  We work hard to understand you.  We are commercial in our approach, and we often become an extension of your business or team. 

We are solution driven.  We like to be creative and find a solution to the problem you are facing.  We know that employment issues can be emotive and our specialists are on hand to focus on the important issues and create solutions for you.

We want you to enjoy working with us.  Our relationship with you is based on reciprocal trust and the ability to listen.  If there’s something you want to tell us or change, we will always be ready to listen.

Complaints

We strive to provide you with the highest standards of service.  However, if you are unhappy or concerned about the service we have provided, you should let us know immediately so that we can try our best to resolve your complaint.

In the first instance, please contact Karen Sanderson to discuss your complaint and she will try to work with you to resolve the issues at an early stage.  If you would like to make a formal complaint, please read our full complaints procedure [link].  In the event of a complaint, we will continue to manage your case with the utmost professionalism and integrity.

What to do if your complaint is not resolved

You can contact the Legal Ombudsman if we are unable to resolve your complaint ourselves.  They will review your complaint independently.

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first.  If you have, then you must take your complaint to the Legal Ombudsman:

* Within 6 months of receiving a final response from us to your complaint; and

* No more than 6 years from the date of the act/omission; or

* No more than 3 years from when you should reasonably have known there was cause for complaint

The contact details for the Legal Ombudsman are:

Website: www.legalombudsman.org.uk

Call: 0300 555 0333 between 9am and 5pm

Email: [email protected]

Address: Legal Ombudsman, PO Box 6806, Wolverhampton, WV1 9WJ

You can also contact The Solicitors Regulation Authority if you are concerned about any aspect of our professional behaviours, which could include discriminating against you because of your age, disability, or any other characteristic or not accounting to you for monies provided to us for the conduct of your matter.  You can find out more about The Solicitors Regulation Authority including their contact details and professional conduct rules on their website: www.sra.org.uk.

Tribunal cost information

Every matter is different, and your adviser will discuss fees with you in advance of taking on your case, and will keep you informed of costs along the way.

We have set out below some cost information by way of a guide to how much representation might cost.  It is generally more expensive to represent a Respondent than a Claimant, as a Respondent is usually responsible for more tasks in the run up to the hearing, and will generally have more witness statements to draft.

Please also check your home and car insurance policies, as legal expenses cover quite often includes employment matters.  While your insurer may encourage you to use their panel solicitor, you do have the right to instruct your own solicitor and so if you would still like us to represent you, please do contact us so we can discuss your options with you.

Hourly rates

Our hourly rates range between £245 and £300 per hour plus VAT depending on the solicitor you instruct.  Where hourly rates apply, you will be given an estimate of how many hours your matter will take along each stage of the Tribunal process.

We can offer flexible alternatives to hourly rates, such as fixed fees, capped fees and/or no win no fee (claimants).  If you would like to discuss this further, please do contact us.

Costs of employment tribunal litigation

We have set out the typical cost of representing you in the Employment Tribunal for your particular case.  Your solicitor will discuss the cost of your representation with you prior to being instructed, as the cost will depend on the complexity of the matter, the number of witnesses and days needed for hearing, and whether we are acting for the claimant or the respondent.

Type of claim	Typical cost	Number of witnesses	Length of hearing
Straight forward*	£1,500 – £5,000	Up to 2	Up to 1 day
Some complexity**	£3,000 – £18,000	Up to 3	2-3 days
Highly complex***	£15,000 – £25,000	Up to 6	3 or more days

Our fee range excludes VAT, disbursements and counsel’s fees.

* Straight forward claims are typically unlawful deductions or breach of contract or a straight forward unfair dismissal claim.  They typically involve the claimant giving evidence alone, and up to two witnesses for the respondent. 

** Some complexity.  These claims are typically unfair dismissal claims where there are more witnesses, or there is more than a small lever arch file of papers and the issues are more complex.  Very straightforward discrimination claims will also fall within this category.

*** Highly complex.  These claims involve more complex issues of law and normally involve allegations of discrimination or whistleblowing.  They typically involve 3 or more days for the hearing and 3 or more witnesses.

Typical stages in the Tribunal process

The stages in a typical Tribunal process vary slightly depending on whether we are acting for you as a claimant or a respondent.  We have set out the typical stages for each below.

Claimant

* Initial review of the papers, and advice on the strategy bearing in mind your ultimate goal

* Advice on the merits of your claim

* Early conciliation with Acas (required before a claim can be submitted)

* Settlement discussions (can be relevant at any time throughout the process)

* Drafting and submitting the claim form

* Reviewing and advising on the response from the other party

* Preparing for, and representing you at any preliminary hearings

* Preparing a schedule of loss

* Exchanging any relevant documents with the respondent and agreeing a Tribunal Bundle

* Drafting, finalising and exchanging your witness statement(s)

* Reviewing and advising on the respondent’s witness statements

* Agreeing a list of issues, a chronology and/or cast list

* Advising on, and instructing Counsel to represent you at the hearing

Respondent

* Initial review of the papers, and advice on the strategy bearing in mind your ultimate goal

* Advice on the merits of the company’s defence

* Advising on early conciliation with Acas

* Settlement discussions (can be relevant at any time throughout the process)

* Drafting and submitting the response form

* Preparing for, and representing you at any preliminary hearings

* Advising on the schedule of loss

* Exchanging any relevant documents with the claimant, preparing and agreeing a Tribunal Bundle

* Drafting, finalising and exchanging the company’s witness statement(s)

* Reviewing and advising on the claimant’s witness statements

* Agreeing a list of issues, a chronology and/or cast list

* Advising on, and instructing Counsel to represent you at the hearing

These stages may or may not be relevant to your case, and your solicitor will provide advice on the stages that will be required.  Some clients may wish to handle some parts of a straight forward matter themselves, and only take our advice on the key stages, for example the claim/response form and witness statements.  This can reduce the costs if it is an approach we are both comfortable with.

What factors can increase costs?

Tribunal litigation can be uncertain, and there are many factors which influence the cost of representation.  Often, these fall outside of our control.  Therefore, our solicitors will provide you with an estimate based on the information they have at the start of litigation, and keep you updated in terms of changes to estimates in light of factors that arise along the way.

The type of factors which may increase the cost of Tribunal litigation include:

* A poorly drafted claim form on the other side, which then requires the preparation and submission of an amended response form.

* Where there are preliminary issues, such as arguments over whether the claim is in time, whether the person is employed, a worker or self-employed, or whether someone is a disabled person for the purposes of the Equality Act 2010.

* Where there are numerous and complex allegations of discrimination, or the comparator is not clear.

* New issues arise after a preliminary hearing, for example, the claimant makes an application to add to their existing claim.

* Where the other side is not legally represented, or the representative for the other side increases costs with the volume of correspondence.

*Where there are disputes about disclosure, and applications are needed for specific disclosure to be made.

*Where the Tribunal cancels a hearing on short notice.

Counsel fees

We typically instruct Counsel to represent you at any full hearing and so you will incur Counsel fees in addition to our fees.  We have strong relationships with Counsel Chambers nationwide and will discuss with you the most appropriate Counsel for your case, depending on your budget, the complexity of the matter and the issues involved.  Counsel fees vary depending on location, experience, and the number of days in hearing, but typically range from £900 to £2,000 per day.  Counsel charge a brief fee for the first day, which includes all preparation time and the first day of the hearing, and then a refresher fee for any subsequent days in hearing.  These fees do not include VAT or expenses, which will also be charged.

Our professional indemnity insurance details are available on request.

How long will it take?

How long your case will take will very much depend on the stage at which it is resolved.  If a settlement is reached during pre-claim discussions, your case is likely to last around 3 to 4 weeks.  If you claim proceeds to a final hearing, your case could take in excess of a year, particularly given the current backlogs at employment tribunals.  More complex cases, such as claims for discrimination or whistleblowing, are taking several years to complete.  Your solicitor will be able to advise you on the likely timescale in your matter, which may change once we have more information and as the case progresses.

Contact us

Our contact details are:

Telephone 0161 519 6810

Email [email protected]

Bradshaw Trees Law Limited
Bradshaw Trees Barn
Chatterton Lane
Mellor
Stockport
Cheshire
SK6 5NF