Truth Legal solicitors specialises in unfair dismissal claims, often representing clients on No Win, No Fee agreements. Sometimes, our clients can use their Legal Expenses Insurance on their home insurance to fund their claims.
Our experienced Employment law team is run by Navya Shekhar, supported by Mirek Ksiezarek and Katherine Swinn They are here to help you secure the compensation you deserve.
Who can make an Unfair Dismissal Claim?
In most circumstances, you are only eligible to make an unfair dismissal claim if:
- You are an employee who has completed 2 years’ of service without a break.
- You will not be able to make a claim if you have served notice of your employment expiring before that 2-year period ends.
- That service must have been performed in Great Britain or, at the very least, must have had a sufficient connection with Great Britain.
What is a fair dismissal?
- The employer can show that the reason (or the main reason) for the dismissal was potentially fair. There are five potentially fair reasons for a dismissal.
And: - If an Employment Tribunal finds that after taking all the circumstances into consideration – including the employer’s size and resources – the employer acted reasonably in treating the above reason as a sufficient reason for the dismissal. An Employment Tribunal will need to determine whether the dismissal is both “procedurally” and “substantively” fair.
Written reasons for the dismissal
Employees with two years’ service who are dismissed are entitled – upon their request – to a written statement which sets out the reasons for the dismissal. An employer ought to provide the written reasons within 14 days of the dismissal.
Importantly, employees who are on statutory maternity, or adoption leave, when dismissed, must be given a written statement of reasons, irrespective of how long they have been employed.
Key Stages of Bringing an Unfair Dismissal Claim
Below, we outline the key stages of an unfair dismissal claim and provide typical time frame estimates to help you understand the process.
1. Initial Consultation
Purpose: To assess the details of your case, provide preliminary advice, and discuss your options. We offer an initial fixed fee consultation for £380, including VAT.
Typical time estimate: 1-2 weeks to schedule and conduct the consultation.
2. Pre-Claim Conciliation (through ACAS)
Purpose: Before you can file a claim with the Employment Tribunal, you must notify ACAS to initiate the Early Conciliation process. This step aims to resolve the dispute without going to tribunal.
Typical time estimate: Up to 1 month.
3. Filing the Claim
Purpose: If conciliation is unsuccessful, we will help you prepare and submit your ET1 claim form to the Employment Tribunal.
Typical time estimate: 1-2 weeks.
4. Response from the Employer
Purpose: The employer has 28 days to respond to your claim by submitting an ET3 form.
Typical time estimate: 4 weeks.
5. Preliminary Hearing
Purpose: In some cases, a preliminary hearing may be necessary to clarify issues, manage the case, or decide on preliminary matters.
Typical time estimate: 1-2 months after the response is received.
6. Case Management Orders
Purpose: The tribunal may issue orders to manage the preparation of the case, such as disclosure of documents, witness statements, and setting deadlines.
Typical time estimate: Ongoing until the final hearing.
7. Disclosure and Exchange of Evidence
Purpose: Both parties must share relevant documents and evidence with each other.
Typical time estimate: 1-2 months.
8. Preparation of Witness Statements
Purpose: Drafting and finalising witness statements from you and any other witnesses.
Typical time estimate: 1-2 months.
9. Final Hearing
Purpose: The tribunal hearing where both parties present their cases, including evidence and witness testimonies.
Typical time estimate: 6-12 months from the date the claim is filed, depending on the tribunal’s schedule and complexity of the case.
10. Judgment
Purpose: The tribunal will issue its decision after considering all the evidence.
Typical time estimate: 1-3 months after the final hearing.
Recent success story
Employment Tribunal Costs
For a straightforward unfair dismissal or wrongful dismissal case, the costs are:
| Service | Truth Legal Expert | Cost |
| Employment Tribunal | Navya Shekhar (Head of Employment) | From £216 per hour inclusive of VAT |
| Katherine Swinn | From £216 per hour including VAT | |
| Miroslaw Ksiezarek (Mirek) | From £180 per hour including VAT |
The typical legal costs for taking a dismissal claim to trial range from £7,200 including VAT to £22,400 including VAT. These estimates vary depending on the complexity and duration of the case. Please note, for more complex cases, the rates are likely to be higher.
We offer a fixed fee of £380 including VAT for an initial consultation.
No Win, No Fee Unfair Dismissal Costs
At Truth Legal, we may be able to offer a ‘no win, no fee‘ agreement, whereby 35% of your compensation is deducted as a legal fee. This will be taken from the figure awarded to you and can vary depending on what is agreed between the client and solicitor, and whether the case goes to an employment tribunal or county or high courts.
The maximum deduction of 35% could be taken from your settlement irrespective of how much work has been done towards the case. So, for example, if you were awarded £10,000 you would only receive £6,500 and the remaining £3,500 (including VAT) would be paid to the solicitor. In addition, you will be responsible for any disbursements you have instructed your solicitor to incur on your behalf.
Possible Disbursements for an Unfair Dismissal Claim
When pursuing an unfair dismissal claim, there are disbursements (out-of-pocket expenses) that you may need to cover in addition to our legal fees. These would still be required to be paid for by a client even if we are acting under a No Win, No Fee agreement. These can include:
1. Court fees:
-
- If the claim is pursued in civil court rather than the Employment Tribunal, there may be court fees for filing and hearings.
- Typical range: £250 – £1,500 (including VAT).
2. Barrister’s fees:
-
- If a barrister is instructed to represent you at hearings or provide specialist advice, their fees will be a significant disbursement. These can vary widely depending on the barrister’s experience and the complexity of the case. In most cases we would expect a trial for wrongful dismissal to last one to two days.
- Typical range: £1,200 – £6,000 per day (including VAT).
3. Expert witness fees:
-
- If expert evidence is required (e.g., medical experts, financial experts), their fees will be included as disbursements.
- Typical range: £600 – £2,400 (including VAT).
- Typical range: £60 – £240 (including VAT).
Please note that these are typical ranges and actual costs may vary depending on the specifics of your case. We will discuss any potential disbursements with you in advance and seek your approval before incurring any significant expenses.
Unfair Dismissal claims paid by Legal Expenses Insurance
If you have the benefit of Legal Expenses Insurance, it may mean you do not have to pay for anything yourself. Provided your unfair dismissal claim has a reasonable chance of success, your insurers may be able to financially support your claim. We will need to update your insurers as to how much work has been carried out on your behalf and keep them informed as to how your case is progressing.
What happens if the employee wins an unfair dismissal claim?
If the employment tribunal finds that an employee was unfairly dismissed it will decide what to award. An employment tribunal will consider reinstatement (getting the same job back), re-engagement (getting a different job at the same employer), and compensation.
Normally, an employee who has been unfairly dismissed will not want to work for the employer again!
Unfair dismissal compensation is split into the basic award and the compensatory award.
What is basic award compensation?
The basic award is calculated in the same way as a statutory redundancy payment (see the government’s redundancy pay calculator). The formula considers the Claimant’s age, length of service and the amount of a week’s pay (which is capped). An employment tribunal also has the right to reduce the basic award if the employee’s conduct prior to dismissal was poor.
What is the compensatory award?
The compensatory award for unfair dismissal is such an amount as the employment tribunal thinks is “just and equitable” based on the loss to the unfairly dismissed employee. Such compensation can include net salary, pension and benefits, until the unfairly dismissed employee finds new employment (depending on rate of pay), or for such a period as the employment tribunal thinks is fair depending on all the circumstances of the case. It is essential that a dismissed employee uses their best endeavours to find suitable employment and keeps evidence of their efforts.
An employment tribunal has the power to reduce the compensatory award if, say, the unfairly dismissed employee would have been dismissed had a fair procedure been followed; or that the unfairly dismissed employee would have been fired in due course; or that the unfairly dismissed employee contributed to their own dismissal.
If an employer failed to follow the ACAS Code, then the compensation can be increased by up to 25%. Also, the compensation cannot be more than a year’s full pay or more than the statutory cap of £115,115 (for dismissals between 6 April 2023 and 5 April 2024). This cap increases each year.
Legal Guide
Read our extensive legal guide for more information on unfair dismissal claims.
