Employed staff, Associates and Disputes

Staff help you deliver a profitable business plan. Get it right and they can be one of your biggest assets. Get it wrong and you will become involved in expensive disputes and time-consuming disruption to your practice.

Did you know:

• In the last year, over 61,000 Employment Tribunal claims were made in the UK

• Associate contracts need to ensure that your goodwill is protected, otherwise they can leave and take your valued patients with them

Both CQC and GDC regulations place significant responsibilities on practice owners in relation to their staff

Ensuring that all contracts are a reflection of what your business does (rather than using a general template) will reduce the chances of disputes and improve staff performance.

Goodman Grant provides bespoke contracts of employment, together with specific policies, procedures and staff handbooks to make sure everyone knows exactly what is expected from them in the workplace.

Specially commissioned contracts for Associates, hygienists and therapists means your agreement reflects your business needs in a fair and balanced manner.

We provide advice and assistance on disciplinary, grievance and other staff related issues, including representation in disputes before employment tribunals.

 

This price information is for assistance in relation to claims for unfair or wrongful dismissal.

Legal Fees and Disbursements:

Fees are charged on a private paying basis and will usually vary depending on the complexity of the matter.

  • Simple case: Average fees are between £5000.00 and £10,000.00 (excluding VAT)
  • Medium complexity case: Average fees are between £10,000.00 and £25,000.00 (excluding VAT)
  • High complexity case: Average fees are between £25,000.00 and £50,000.00 (excluding VAT)

Factors that may affect the complexity of the case include:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Making or defending a costs application
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim e.g. if there has been a dismissal after blowing the whistle on the employer
  • Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a Tribunal Hearing of between£1400.00 and £2800.0 per day (excluding VAT). Generally, we would anticipate between 1 and 5 days depending on the complexity of the case.

Before agreeing to act for you on a private basis, we will discuss with you whether there are other means of funding this matter. It is important that you explore whether you have any insurance policies or affinity memberships that may provide funding for this type of claim. 

Before you instruct us to act for you we will send a letter to you setting out the basis of how we will be charging you.

Likely disbursements will be:

Counsel's fees estimated between £2000.00 to £3000.00 per day (depending on the experience of the advocate) for attending a Tribunal Hearing (including preparation).

Note: Disbursements are costs related to your matter that are payable to third parties.

What services does this fee include:

The following steps are included:

  • Taking your initial instructions, reviewing the papers and advising you on the merits of the claim
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
  • Preparing your defence to the claim
  • Exploring settlement and negotiating settlement throughout the process
  • Considering the schedule of loss
  • Preparing for (and attending) a Preliminary Hearing
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing bundle of documents that we will rely on at the hearing
  • Reviewing and advising on the other party's witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation and attendance at Final Hearing, including instructions to Counsel

Potential additional costs may be charged for:

  • Other claims that may be brought (for example a claim for sexual or disability discrimination against your employer)

The experience of the people who may carry out the work for you:

  • John Grant qualified in 1986 and has advised both employers and employees during the whole of his career.
  • Ben Williams is a specialist employment solicitor who has advised both employers and employees since 2013 and who qualified as a solicitor in 2016

The typical timescales and key stages of the purchase transaction:

The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during pre-claim conciliation, the case is likely to take 2-4 weeks. If the claim proceeds to a Final Hearing, your case is likely to take 12 – 18 months. This is an estimate only and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses. 

 

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Ray Goodman
Managing Director
Liverpool
John Grant
Director
Leeds
0113 831 4472
Paul Harris
Director
Liverpool
Ifath Khan
Director
Liverpool
Hewi Ma
Director
Leeds
0113 831 4036
Kerry Brooks
Solicitor
Liverpool
 

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