Range of costs - Employment Tribunal Claims

Our pricing for bringing and defending claims for unfair or wrongful dismissal Employment Tribunal Claims

Our fees are based on hourly rates. However, we also operate a number of alternative charging structures for some clients, including capped and fixed rates.

Our hourly rates vary are also dependent on who is involved on the matter. The range of our hourly rates (exclusive of 20% VAT) is as follows:

Principal Solicitor/ Other Solicitors of 8 years post experience £250 to £300
Other Solicitors £200
Trainees and Paralegals £125 to £150
Apprentices £50 to £125

Simple Cases: £3000-£5000 (excluding 20% VAT)
Not complex Advising and representing an employee in the claim of a straightforward employment tribunal claim involving one day in a final hearing 8,000

Medium complexity case: £5,000-£10,000 (excluding 20% VAT)
Advising and representing an employee in the claim of a moderately complex employment tribunal claim involving three days in final hearing 18,000

High complexity case: £25,000-£30,000 (excluding 20% VAT)
Advising and representing an employee in the claim in relation to a very complex employment tribunal claim involving twelve days in final hearing £75,000 (excluding 20% VAT)

The above fee illustrations exclude the following, which arise in some cases:

• Preparing for (and attending) Preliminary Hearings
• Making or opposing applications for Orders from the Tribunal
• Complying with Tribunal Orders, other than standard directions for disclosure of documents, preparation of bundles and exchange of witness statements
• Instructing counsel or expert witnesses
• Preparing for and attending a separate Remedy Hearing
• Making or opposing any appeal

They are also illustrative estimates only. The total cost of the service is dependent on a number of variables including:

• the number of claimants involved and whether they are legally represented
• the number of respondents involved and whether they are legally represented;
• whether the case is withdrawn or settles early on or is contested all the way to a final hearing
• any subsequent remedy hearing if required
• the volume of relevant documents
• the number of witnesses
• whether there are any preliminary hearings ahead of the final hearing
• whether it is necessary to make or oppose applications for orders from the Tribunal
• whether our client wish to deal with any aspects of case preparation itself
• the strategy we agree with our client
• the charging structure we agree with our client

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 the dismissal

There will be an additional charge for attending a Tribunal Hearing of £250 per day (excluding VAT). Generally, we would allow 2-3 days depending on the complexity of your case.

The actual cost of the service could be less than the fee illustrations above if, for example, the case settled early and the matter did not proceed to example, disclosure, witness statements or trial.

The actual cost of the service could also be significantly higher, depending on the facts of the case.

Other factors that could impact on the costs estimate include other claims being brought within the unfair/wrongful dismissal claim, such as discrimination.

We therefore provide at the start of each matter a fully scoped cost estimate and keep the client updated on costs. If the scope of work changes at all and means additional work/cost, we inform the client of this and provide a revised cost estimate.

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. Counsel's fees estimated between £750 to 1200 (excluding 20% VAT) per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

Likely disbursements

Other costs likely to be incurred on your behalf are travel costs, hotel costs and photocopying charges. Travels costs are usually by rail (standard class open returns). Photocopying charges are 15p per side. We have an agent who books hotels for us at the best rates available. VAT is charged on other costs at 20%.

In some cases, we may instruct a barrister (counsel) to be used, for example for the advocacy instead of a solicitor. The amount charged by counsel varies according to seniority and would be agreed with a client before they were incurred.

Key Stages

The fees set out above cover all of the work in relation to the following key stages of a claim:

Stage 1

• Taking initial instructions, reviewing the papers and advising on merits and weaknesses (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

Stage 2

• Considering and advising on the claimant’s schedule of loss.
• Collating and considering relevant documents, exchanging documents with the claimant, considering and advising on the claimants’ documents
• and agreeing and preparing a bundle of documents for the Final Hearing.

Stage 3

• Taking and exchanging witness statements and considering and advising on the content of the claimants’ statements.
• preparing bundle of documents
• Reviewing and advising on the other party's witness statements
• agreeing a list of issues, a chronology and/or cast list

Stage 4

• Preparation for and attendance at Final Hearing, including instructions to Counsel and advising on outcome.
• Throughout this time, work done would also include exploring the possibility of settlement.

The stages set out above are an indication and if some of stages above 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 also be arranged on your individual needs.

How long will my matter 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 3-8 weeks. If your claim proceeds to a Final Hearing, then its likely duration depends on how complex the issues are and how long the hearing is estimated to last. For example, a simple wrongful dismissal claim with a time estimate of half a day is likely to take at least four months. In contrast, a complex unfair and wrongful constructive dismissal schedules to be heard over three or more days could take 18 months or more.

This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.

Funding options

Hourly rates are just one component of our alternative fee arrangements. We operate a number of alternative charging structures for some clients, including capped and fixed rates.

You may have an insurance policy under which your insurer is liable to cover your legal costs in this matter. We can discuss this with you at their first appointment.

We sometimes use a conditional fee agreement (CFA) and will want to assess the viability of a case before agreeing to accept it. This should take between 2 to 3 weeks for us to make an assessment and we will sometimes seek a Counsel opinion which cost will be borne by the client and of course a charge of £100 (excluding 20% VAT) one off consultation fee.

We recommend that you contact us to discuss an estimate specific to you and your requirements.

The people working on your case and how that impacts the fee estimate will always be discussed with you at the outset of any matter. Please note our fees exclude 20% VAT.