UNFAIR DISMISSAL SOLICITORS 

 

Each case has its own facts, legal issues and evidence. Many cases don’t go through the full process and are either settled or withdrawn before the case reaches the final hearing. 

 

The time your case takes will depend on the complexity of the case, the amount of evidence involved, the legal issues relating to the case and the likely lenghth of the final hearing. If you cannot settle your case, you will also need to wait for the tribunal hearing – how long this takes will depend on how busy your local tribunals are. As a broad rule of thumb it usually takes a year for a case to reach final hearing from its beginning. More complex cases can take longer. 

 

Once your solicitor has looked at your case, they can advise how long it could take to resolve. Your solicitor’s priority is to resolve the case in your best interests, which includes helping you to balance reasonable settlements against the time that could be saved by settling. 

 

Your employer may agree to settle before the case goes through the tribunal. You do not have to settle, but this may be beneficial as it will save you time and legal expenses. The settlement agreement will set out the terms you are agreeing to, which might include keeping the matter confidential, agreeing your reference for future employers, or making changes to the workplace. 

 

 

There are a several possible outcomes if your claim is successful. You will usually receive compensation – see the FAQ below for more information. 

 

In discrimination cases, you may get a declaration from the tribunal judge that you have been discriminated against and a recommendation as to what action the employer should take to avoid the issue happening again. 

 

You may ask the tribunal to order that you are reinstated in your role or re-engaged. This is quite rare as it depends upon your relationship with your employer. 

 

The potential compensation if your claim is successful depends on a number of things.  

 

You can visit our Compensation and damages page for general information on unfair dismissal compensation, but we advise you to speak to specialist employment and unfair dismissal solicitors like Spencer Shaw for advice specific to your situation.  

We will explain the remedies available to you, either through the ACAS and Employment Tribunal processes, or by negotiating an agreement with your employer. We will also tell you what the risks are. 

 

Simple unfair dismissal and discrimination cases would likely cost around £5,000-£10,000 to go through the full tribunal process. More complex cases are likely to be in the range of £10,000-£25,000, particularly if the final hearing lasts more than one day. Complicated cases involving substantial amounts of evidence or complex legal arguments are likely to exceed £25,000. These estimates include VAT. 

 

At your initial consultation your solicitor will provide you with a guide to the likely time and cost involved in your case and update this throughout our relationship. If anything happens that we feel is likely to impact on your costs, we will let you know. 

 

Whether you pay tax on compensation depends upon what it is compensating for. Some types of payment are taxable - such as payment in lieu of notice or benefits you would usually receive. For termination payments, you can usually receive up to £30,000 without paying tax.