Our charges and service information for Employment Tribunals

 

Dealing with employment disputes can be stressful and worrying. We will take the time to support and guide you throughout the process, advise you on strategy and find the solution best suited to your needs.

Our team acts for employers and employees, so we see both sides of workplace issues. This is unusual among City law firms. It means we understand the strategies and tactics commonly used by either side, and can make that knowledge work for you. Our team is recognised as Top Tier in the Legal 500 Directory 2018.

Employment Tribunal Claims – Services and Costs

Our pricing for bringing and defending claims for unfair or wrongful dismissal is based on the time spent on your case. Our costs will vary depending on the complexity and value of the claim pursued. However our pricing for bringing and defending claims for unfair or wrongful dismissal is likely to fall into the ranges below.

Cost Ranges for Unfair Dismissal

Simple case: £15,000 – £30,000 (excl. VAT & disbursements)

Medium complexity case: £30,000 – £70,000 (excl. VAT & disbursements)

High complexity case: in excess of £70,000 (excl. VAT & disbursements)

Factors that could make a case more complex may include:

• If it is necessary to make or defend applications, including applications to amend claims or to provide further information about an existing claim
• If the claim includes factors that mean more complex factual and legal arguments, including for example a claim of ‘automatic’ unfair dismissal arising from allegations of whistle blowing
• Defending claims that are brought by litigants in person
• Where complex preliminary issues arise, such as whether a claimant is disabled
• The number of witnesses and volume and complexity of documentary evidence
• Where allegations of discrimination are linked to a dismissal
• Making or defending costs applications

There will be additional charges for attending a Tribunal hearing, which will be based on our usual hourly rates and will vary depending on who attends and the length of the hearing.

Hourly rates

Disbursements

Disbursements are expenses payable to third parties which we may need to incur on your behalf in the course of your matter, such as barristers’ fees. We handle the payment of the disbursements on your behalf to ensure a smoother process but we will generally require a payment on account of certain disbursements.

Disbursements will normally include barristers’ fees, and we would generally instruct a barrister to present your case at a Preliminary Hearing and at the final Hearing before the Employment Tribunal. Their fees are usually based on a daily rate for preparation and for attending a hearing and their daily rates will vary depending on the seniority and experience of who is instructed and the complexity of the matter. On average, daily rates may range from around £500 (+ VAT), up to £2,000 – £3,000 or more (+ VAT) for more senior barristers. There may be other disbursements, depending on the circumstances, and we normally make a charge for photocopying and a file set up fee of £30 plus VAT.

VAT

Our fees attract VAT, which is charged at the standard rate (currently 20%) in addition to the fees set out above.

Most disbursements, including the barristers’ fees referred to above will also attract VAT.

Key stages and timescales

The fees set out above cover all of the work that we would normally expect in relation to the following key stages of a claim:

• Taking your initial instructions, reviewing the papers and making a preliminary assessment of merits and the potential value of the claim (this is likely to be revisited throughout the matter and will be subject to change)
• Entering into pre-claim conciliation where this is mandatory, to explore whether a settlement can be reached
• Preparing a claim or response
• Reviewing and advising on a claim or response received from another party
• Preparing or considering a schedule of loss
• Our preparation for (and attendance at) a Preliminary Case Management Hearing (although barristers’ fees will be in addition)
• Advising on disclosure obligations and exchanging documents with another party
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Preparing a trial bundle of documents
• Reviewing and advising on the other party’s witness statements
• Agreeing a list of issues, a chronology and/or a cast list
• Instructions to the appointed barrister to attend a Final Hearing

The stages set out above are a guideline and the stages involved in any claim will vary, depending on the particular facts and circumstances.

Timescales

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 2-12 weeks. If your claim proceeds to a Final hearing, it is likely to take 26-52 weeks. We will be able to give you a more accurate timescale once we have more information and as the matter progresses.

As we are required to do under our professional rules we will provide with you with the best information we can about the likely overall cost when you first instruct us at the outset of your matter and update you at appropriate stages as the matter progresses.  When an unforeseen complexity arises or where the way in which you ask us to proceed means additional work, we will discuss the likely impact on the overall cost and timescale with you.

Experience and qualifications

Usually, one of our Associates would carry out the majority of the day to day work in relation to an unfair or wrongful dismissal claim, under the supervision of a Partner, who would also be directly involved in providing strategic advice.