Claiming against your employer

At Clarke & Son, our employment law solicitors are here to help you deal with a wide range of claims. You can talk to us in complete confidence and gain reassurance from speaking to someone who understands your situation.

We will explain what rights you have, whether that be as an employee or a worker. We will help you plan the best route forward to manage your particular situation when claiming against your employer.

As a firm we pride ourselves on offering a detailed fee structure. You can talk to us in complete confidence and we offer advice on a fixed fee basis so you know what the cost will be.

Book an Appointment

Our employment law team are on hand to assist with a range of claim enquiries, get in touch to book an appointment.

ACAS Early Conciliation

Advisory, Conciliation and Arbitration Service (ACAS) is an independent organisation devoted to preventing and resolving employment-related disputes. 

Whilst ACAS is a well-known and well-regarded organisation not many people are aware that it is now a requirement to notify ACAS prior to issuing a claim in the Employment Tribunal.

Having come to the decision that you wish to bring a claim in the Employment Tribunal our employment solicitors are here to help.  It is always best, however, to try and resolve any such disputes hence the introduction of ACAS Early Conciliation.

From completing the ACAS Early Conciliation form to negotiating a settlement on your behalf via ACAS, we can ensure that the process is clearly explained and dealt with smoothly and sympathetically.

Dismissals & Employment Tribunals

Dismissals occur when a contract of employment is terminated (either with a period of notice or immediately) or when a fixed-term contract was not renewed and expired at the conclusion of the fixed term.

Where the employee/employer relationship is strained leaving the employee feeling that they are being forced out. Rights may arise in respect of “constructive dismissal”.

Though employers should have a grievance procedure, it may be necessary to apply to the employment tribunal to resolve matters. There are strict time limits and you should get advice immediately once dismissal has taken place.

You should always check if you have the benefit of legal expenses insurance cover. This can be either through a specific policy or under the terms of home insurance. If this is the case the insurer will seek to refer you to a panel firm.  In most cases for claims and in some instances for defending a claim, you can insist on a free choice of solicitor.

For further assistance please contact us and we will also discuss with you the compulsory ACAS Early Conciliation procedure which takes place prior to proceedings through the Employment Tribunal. We can offer fixed fees so you are always aware of any costs.

The Advisory, Conciliation and Arbitration Service (ACAS) is an independent organisation that prevents and resolves employment-related disputes.  Whilst ACAS is a well-known and well-regarded organisation not many people are aware that it is now a requirement to notify ACAS prior to issuing a claim in the Employment Tribunal.

Having come to the decision that you wish to take advice about bringing a claim in the Employment Tribunal, you will need to participate in the ACAS Early Conciliation scheme.

We can assist with this and will do so on a fixed fee basis so you will know the cost.

Unlawful and Wrongful Dismissals Price Guide

All costs information given here is general and we will give more personalised information later when a full quote is requested.

Summary

We have received instructions from an employee in connection with a claim for unfair dismissal.

People dealing

  • Paul Cowdery is a Partner and his hourly rate is £300 plus VAT.  Paul is an experienced litigator and has undertaken employment work for many years but his practice in this respect has developed specifically since 2012.  He spends about 40% of his time on employment-related matters.
  • Irfan Dad is his assistant and his rate is £118 plus VAT.  Irfan has been doing employment work since 2017 working with Paul.  About 40% of his time is spent on employment related matters.
  • Our fees are based on the hourly rates of the people dealing.  The ranges given above take this into account as well as the complexity of the matter.

Legal Expenses Cover

  • At the outset, always check your home insurance to see if you have cover to bring a claim to the ET.  This will not normally cover costs until after the claim has been through the ACAS Early Conciliation process.  The cover is not usually retrospective.  Some insurers will not fund fees at our normal hourly rate.

Recovery of Costs

  • Even if a claim is successful, it is very unlikely that the tribunal will make an order requiring the respondent to pay your legal costs.
  • The employment tribunal will only order that one party pay the other party’s costs in limited circumstances, usually where it considers that a party or their representative has acted “vexatiously, abusively, disruptively, or otherwise unreasonably”, or that they have been “misconceived” in bringing or defending the proceedings.
  • It is still rare for the tribunal to make any costs order.

Enforcement

Steps to enforce any award or a claim to the state fund are not included.

Remember if the employer does not have sufficient resources it may be liquidated.  Certain claims can then be submitted to a statutory scheme.

Important

The information set out above is a guide only.

Please note that in all cases where we are asked to undertake work, we will give a more precise and personalised indication of costs in our retainer letter sent to you at the outset of the matter.

Employment Law Team

Litigation & Employment Director
Employment & Litigation Solicitor
Assistant to Family & Dispute Resolution Department
Legal Secretary

Contact Details

If you have any questions or would like to enquire about one of our services, please fill in the enquiry form below and one of the team will get back to you.