Employment Law Costs
Fees for advising and representing individuals and employers in Employment Tribunal claims in relation to unfair dismissal/wrongful dismissal
For a simple case, our fees are approximately £5,000 to £10,000 excluding VAT. For a case of medium complexity they would be £10,000 to £17,500 excluding VAT. For a highly complex case fees would be £17,500 to £30,000 excluding VAT.
Factors that affect the complexity of a case are:
- If applications are made during the course of the proceedings
- Defending claims brought by litigants in person
- Making or defending a cost application
- Dealing with complex preliminary issues such as whether the claimant is disabled (when this is not agreed by the parties)
- The number of witnesses and documents involved
- If it is an automatic unfair dismissal e.g. if you are dismissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to the dismissal.
There will be an additional charge for attending an Employment Tribunal hearing of £1,575 per day (excluding VAT). Generally, we would allow two days depending on the complexity of your case.
Disbursements are costs related to your matter that are payable to third parties. We handle the payment of disbursements on your behalf to ensure a smooth process. We can also request a payment of future disbursements from you.
The fees set out above cover all of the work in relation to the following key stages of the claim:
- Taking your initial instructions and exploring whether you have legal expenses insurance
- Reviewing the documents and advising you on merits and likely compensation (this is likely to be re-visited throughout the matter and subject to change)
- Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
- Preparing a claim or a response
- Reviewing and advising upon the claim or response from another party
- Exploring settlement and negotiating settlement throughout the process
- Preparing or considering a schedule of loss
- Preparing for (and attending) a preliminary hearing
- Exchanging documents
- Preparing witness statements
- Reviewing and advising on opponent's witness statements
- Agreeing a list of issues and chronology
- Preparation and attendance at the final hearing, including instructions to Counsel.
The stages set out above are an indication and if some stages are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can be arranged to individuals needs.
Our fees will be calculated on an hourly basis charged at £245 plus VAT per hour for a Partner/Solicitor and £170 plus VAT for a Trainee Solicitor and £125 plus VAT per hour for a paralegal. These rates sometimes require a review, normally at the beginning of the year to reflect in overhead costs. Our hourly rate reflects the sums approved by the local judiciary. Rates are correct at the date this article is posted but may be subject to change.
How long will my matter take?
The time that it takes from your initial instruction to the final resolution of your matter depends largely on the stage at which your case is resolved. If settlement is reached during pre-claim conciliation, your case is likely to take 12 weeks. If your claim proceeds to a final hearing, your claim is likely to take 26 to 52 weeks. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information as the matter progresses.
Funding your claim
If legal expenses cover is not available we will explore with you the available funding options, such as a conditional fee agreement or a damage based agreement. Even if you enter into one of these arrangements you may still have to pay us money which could include a payment from your compensation.
Under a conditional fee agreement (also known as a no win, no fee) we are entitled to claim a success fee which represents a percentage of our base costs and reflects the risk of losing the case. Alternatively, we could agree to charge a reduced hourly rate which would be payable despite the outcome of the case but with the balance of the hourly rate and the success fee payable in the event of the claim winning.
Under a damage based agreement you would have to pay a percentage of the compensation that you received capped at 35%, including VAT from your compensation.