We know it can be challenging to relive instances of discrimination. These situations can cause emotional injury and trauma that can last for many years to come. Our supportive team of Employment Law experts at Broudie Jackson Canter are here to make sure this process is as painless for you as it can possibly be. We’re here to protect you from further emotional distress and fight to get you the result you rightfully deserve.
If you are seeking to bring a discrimination claim, you have likely never been through this process before. Luckily, our expert and friendly Employment Law team are here with over 15 years of experience in the field to help you through the process. We have put together an in-depth guide of the process of bringing a discrimination claim before the Employment Tribunal and the fees involved so that you aren’t left guessing and can focus on getting the result you deserve.
Discrimination can happen at work and can be incredibly difficult to go through. Our dedicated and empathetic Discrimination Specialists are here to help you.
The Discrimination Employment Tribunal has distinct stages, which include:
- Stage one: Initial consultation & advice letter
- Stage two: Entering early conciliation with ACAS
- Stage three: Lodging an ET1 claim form and Details of Complaint
- Stage four: Preliminary Hearing
- Stage five: Schedule of loss
- Stage six: Disability Impact Statement and medical records (for disability discrimination claims only)
- Stage seven: List of documents for disclosure
- Stage eight: Reviewing the bundle of documents and providing further advice
- Stage nine: Witness statements
- Stage ten: Final hearing
All Employment Tribunal cases must follow most of these steps, discrimination or otherwise. Discrimination Employment Tribunal cases, however, have the additional step of a Preliminary Hearing and, in the case of disability discrimination cases, a Disability Impact Statement with medical records. This page will help you understand the two additional steps you may have to take if you are bringing a Discrimination Employment Tribunal case. For information on the rest of the stages you will have to follow, please see our dedicated Employment Tribunal page.
Click here for more information on stages 1-3
Stage four: Preliminary Hearing (Discrimination Employment Tribunal cases only)
In the case of discrimination claims and other more complex claims, step four would be to hold a Preliminary Hearing to identify and list the issues reported. Should you wish to proceed to the Preliminary Hearing and require our representation, we are able to offer you our expert advocacy at an affordable rate. It is important to note that some Preliminary Hearings may not be straightforward and may require a full day’s hearing. We will be able to advise you on the complexity of the listed hearing and offer you a range of fixed fee options so that you know where you stand.
Stage four – part one: Preliminary Hearing to discuss Case Management Orders
Discrimination cases, and some other more complex cases, will be listed for a Preliminary Case Management Hearing. This hearing usually lasts between 60 to 90 minutes and will discuss orders to prepare both parties for the Final Hearing. This includes setting dates for a schedule of loss, disclosure and witness statements. This is also an opportunity for the parties to discuss any issues of the case that may need to be addressed at a further Preliminary Hearing.
We charge an hourly rate of £250 +VAT for representation at a standard Preliminary Case Management Hearing including consideration of the Respondent employer’s “ET3 response” to your claim, preparation of the Preliminary Hearing bundle and agenda. If your case is very complex we would instruct Counsel.
Stage four – part two: Preliminary Hearing to discuss issues such as time limits and jurisdiction
Some cases may be listed for a further Preliminary Hearing to determine issues such as if a claim can be allowed to proceed where it is brought out of time or whether a Claimant bringing a disability discrimination claim is disabled.
We charge an hourly rate of £250 +VAT for representation at half day or a full day Preliminary Hearings including preparation of the Preliminary Hearing bundle.
Click here for more information on schedule of loss.
Stage six: Disability Impact Statement (disability Discrimination Employment Tribunal cases only)
We charge an hourly rate of £250 +VAT for reviewing your medical records and preparing your disability impact statement.
What is a disability impact statement?
For those who have argued disability discrimination, the Claimant must show that they were in fact disabled when the discrimination occurred. This involves showing that their physical or mental condition had more than a minor or trivial effect on their normal day-to-day activities (such as completing basic household chores, shopping, washing or dressing,) and this effect had lasted for at least a year or was likely to last at least a year. In these instances, the tribunal will ask you to disclose relevant medical records and to prepare a statement that demonstrates how your disability impacts on your daily life.
We will request your medical records from your GP, and arrange an appointment with you to discuss your medical conditions, symptoms, medication, and the impact on your day-to-day activities. We know that your disability can be incredibly personal and sensitive to discuss. Our team is dedicated to creating a safe space for you to share these details with us and will ensure that you only have to do this once, as and when you are ready to do so. We will then a draft a statement following your instructions, showing how your disability impacts on your daily life.
Click here for more information on the final stages.
If you have experienced discrimination in the workplace, we’re here for you. Contact our dedicated and experienced Discrimination & Employment Law team today on 0151 227 1429 for advice and support.
Alternatively, you can make an enquiry or request a callback and a member of the team will be in touch to discuss your situation.
How will I pay for legal representation in an Employment case?
There are a range of options which we can discuss to fund your legal matter. From damaged based agreements (also known as no win no fee), to privately paying employment matters. We would review your matter to ascertain which funding option is best, depending on the specifics of your case.
Can I pay by the hour?
Yes, we offer legal advice at an hourly rate of £250 plus VAT.
We will always provide you with an estimate of time for each step of the Tribunal process. We keep records of time spent on your case to deliver clarity for every client.
We would always urge you to consider this option carefully as it can be costly, it may be the case that you wish to do some of the work on your own first and then instruct us to take over the matter at a later date. Again, we would assess your merits and advise you as to the likely cost, step by step.
The cost of taking an employment matter through to a final hearing, can cost anything between £15,000.00 and £50,000.00 (plus VAT). In addition to this there will be Barristers fees and other expenses (also known as disbursements).
Will my insurance pay for my employment case?
It may be the case that your home insurance cover has legal expenses attached. This can be used to cover legal fees relating to employment disputes. We would urge you to check the wording within the policy, if you think legal expenses are covered by your policy we can contact your insurance provider to check that they will indemnify us for our legal fees in representing you.
Where this is the case, your policy will usually offer funding up to a set limit for employment claims that are thought to have a reasonable chance of success (usually over 51%), and which begin after you have exhausted your employer's internal processes and sought early conciliation through ACAS.
Will you offer me a fixed fee for my case?
In some circumstances, a fixed fee for specific work might be an option for you. We would need to assess the work which you require us to undertake and will provide you with the figure before you commit to us commencing any work on your behalf.
Damaged Based Agreements (DBA)?
In limited circumstances, a damaged based agreement (DBA) (better known as a no win no fee agreement) may be offered to cover your Employment Tribunal. This would only cover our fees, and if you were to win or be offered a settlement, (which was agreeable) we would deduct up to 35% (including VAT) from your settlement or the award you obtain after the final hearing.
A damaged based agreement will not cover your Barristers fees, or any disbursements and therefore they would be covered as a direct cost by you.