In accordance with SRA Transparency Guidance 2018, please find below our approach to fees and service in relation to Employment Tribunals.
What is this going to cost me?
Our legal fees for bringing and defending claims for unfair or wrongful dismissal:
- Simple case: £10,000 to £20,000 (excluding VAT)
- Medium complexity case: £20,000 to £30,000 (excluding VAT)
- High complexity case: £30,000 to £50,000 (excluding VAT)
Charges are based on an hourly rate of £240 for the solicitor (excluding VAT) and £290 an hour for the Partner (excluding VAT).
Factors that could make a case more complex
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
- Defending claims that are brought by litigants in person
- 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 you are dismissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to dismissal. For the avoidance of doubt we are not able to accept instructions in discrimination cases.
There will be an additional charge for attending a Tribunal hearing of up to £2,400 per day (excluding VAT). Generally, we would allow one to five days depending on the complexity of your case.
Disbursements are expenses that are payable to third parties. We handle the payment of disbursements on your behalf to ensure a smoother process.
The disbursements we usually anticipate are detailed below. This is not an exhaustive list and other disbursements may apply depending on the Tribunal process.
We may require payment on account to cover disbursements before those are incurred, in which case we will give reasonable notice when those funds are required.
For the avoidance of doubt, disbursement payments are in addition to our charges for advice and are not included as part of the above fee.
In the event expert evidence is required, we will advise you of the likely cost before that expense is incurred.
Examples of disbursements likely to be incurred and which are exclusive of VAT:
- Counsel’s fees for preparing claim or response estimated between £1,000 and £2,500 (depending on experience).
- Counsel’s fees for preparing a written advice upon merits, evidence and quantum estimated to be between £1,000 and £2,500 (depending on experience).
- Counsel’s fees for a conference estimated to be between £1,500 and £2,500 (depending on experience).
- Counsel’s fees estimated to be between £750 and £4,600 per day (depending on experience of the advocate) for attending a Tribunal hearing (including preparation).
What does this include?
Our fees cover all the work required to bring or defend a claim for unfair or wrongful dismissal. As described, other costs in the form of disbursements may be incurred on top of the fee for a simple, medium or high complexity case.
How long will it take?
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, your case is likely to take 4 to 8 weeks. If your claim proceeds to a final hearing, your case is likely to take 16 to 32 weeks.
Tribunal availability is a factor beyond our control and may cause quoted timings to be different.
What happens if I change my mind and don’t want to go through with the transaction anymore?
Should you wish to terminate the transaction at any time, you will be liable for any costs and disbursements incurred to date, and will be billed for them.
What can I expect from this process?
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited 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 claim or response;
- Reviewing and advising on claim or response from other 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 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;
- Reviewing and advising on the other parties’ witness statements;
- Agreeing a list of issues, a chronology and or cast list;
- Preparation and attendance at final hearing, including Instructions to Counsel.
The stages set out above are an indication and if some stages above are not required, the fee will be reduced.
Who is going to do this work for me and what is their experience?
The work will be carried out by one of our lawyers in the Litigation and Disputes Team.