Employment
Employment
Estimated fees (and disbursements)
With potential unfair or wrongful dismissal claims our employment lawyers are usually always able to achieve a favourable outcome for our clients, via a settlement or other means before you need to consider Employment Tribunal claims and therefore our fees to achieve that outcome would be lower than set out below.
Where we are managing and advising in relation to claims for unfair or wrongful dismissal to be brought or defended and the dispute results in a full hearing where an Employment Tribunal delivers a judgement, we estimate the following fees for the various elements involved:
- Very basic claim or limited preliminary advice claim: £500-£2,000 (plus VAT)
- Simple claim: £5,000 - £15,000 (plus VAT)
- Medium complexity claim: £15,000 - £30,000 (plus VAT)
- High complexity claim: £30,000- £50,000 (plus VAT). Please note this does not include Employment Tribunal appeal claims.
Factors that could make a case more complex:
There are numerous factors that could make a claim more complex, which include:
- 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 additional claims or applications (costs applications)
- Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties);
- The number of witnesses and documents and any related special requirements;
- If it is an automatic unfair dismissal claim (if you are dismissed after blowing the whistle on your employer);
- Allegations of discrimination which are linked to the dismissal;
- The way the opponent conducts the litigation (a difficult, vexatious, unreasonable or unusual approach to litigation is adopted);
- A high level legal of support is required by our client;
- Particularly lengthy proceedings occur;
- New evidence arises during litigation which requires action and consideration;
- The early instruction of a barrister (“counsel”) is necessary;
- Expert witness evidence is required.
Disbursements
We can handle the payment of disbursements (costs related to your matter that are payable to third parties, such as Court fees) to make things easier for you. They are payments payable from the estate in addition to our fees. Please note that disbursements that are truly third-party expenses, such as Court fees, do not attract VAT.
However, if we incur third party costs that relate to our being able to advise you on your matter, we do charge VAT. For example, if you asked us to obtain copies of Companies House documents relevant to whether you are an employee or self-employed contractor, we would then advise you on the implications and your next steps. In this case, we are required to charge VAT at 20% on that particular disbursement.
Other disbursements could include Counsel’s fees which will vary greatly depending on their experience and expertise. You are likely to incur Counsel’s fees for a full hearing in the region of £2,500 to £15,000 in most scenarios (plus VAT) depending on experience of the advocate, for representing you at a Tribunal Hearing.
Key Stages
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking initial instructions, reviewing any papers and advising you on merits and likely compensation (this is likely to be revised 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 the other party;
- Exploring settlement and negotiating settlement throughout the process;
- Preparing or considering a schedule of loss;
- Preparing for (and attending) any 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 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.
The stages set out above are an indication and if some 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 4-6 weeks.
If your claim proceeds to a Final Hearing, your case 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 and as the matter progresses.