Our Employment Law Team

What are our costs? 

We are required by our regulator to set out a range of our potential costs which you can expect to be charged when bringing or defending a claim for unfair or wrongful dismissal in the employment tribunal.

These charges vary on a case-by-case basis and the variables which may affect the cost are set out below. By way of example, however:

Simple case unfair dismissal: £7500.00-£10,000.00 (plus VAT)

Medium complexity case £10,000.00 – £15,000.00 (plus VAT)

High complexity case £15,000.00 – £30,000.00 (plus VAT)

Cases that involve elements of discrimination or whistleblowing have a costs range between £15,000.00 – £50,000.00 generally but this can be more again depending on the complexity and issues detailed below.

Each case is unique and we will provide you with a bespoke estimate upon instruction.

Our usual hourly rates are:

• Director £350 plus VAT
• Senior Associate £300 plus VAT
• Associate Solicitor £275 plus VAT
• Solicitor (up to 4 years qualified) £250 plus VAT
• Trainee Solicitor £195 plus VAT
• Paralegal £145 plus VAT

*VAT is calculated at 20%

• Factors that could make your claim or defence more complex are:
• If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim. This may be called the provision of further and better particulars.
• Defending claims that are brought by litigants in person. These claims can be more time-intensive due to the lack of formal representation.
• Making or defending a costs application
• Complex preliminary issues such as whether a claim or defence has been brought in time, whether an individual is entitled to bring the types of claim they wish or whether for example, a 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
• If there is an application for interim relief in a whistleblowing claim
• If there are allegations of discrimination or other claims which are linked to the dismissal.
• If there is a vast amount of paperwork relating to the matter.
• If there are a number of preliminary issues or hearings.
• If one party acts unreasonably (though we would seek to recover costs at the end of the claim if this were the case by way of a costs application)

There will be an additional charge for attending a Tribunal Hearing of £1,000.00 per day (plus VAT). Generally, we would allow 2 days for a simple unfair dismissal claim but this can vary and will always depend on the complexity of your case.

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 may be incurred in addition to our fees and these normally include an initial brief fee which can vary from £1,000.00 plus VAT to £5,000.00 plus VAT (depending on the experience of the advocate and the complexity of the case). This covers initial preparation for the hearing and day one in the tribunal.

There is also a daily rate thereafter estimated between £750.00 plus VAT to £2,500.00 plus VAT per day (depending on the experience of the advocate) for actual attendance at a Tribunal Hearing (including any other preparation time)

Please note that the initial brief fee quoted by a barrister for preparation and the first day generally remains payable even in the event that you settle the claim late or close to the first day of the hearing.

We will keep you apprised of any costs and payment dates in this regard should you choose to instruct a barrister. We request payment of all barristers’ fees on the account and prior to any hearing commencing.

Key Stages 

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 (or ACAS Early 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) a Preliminary Hearing
• Exchanging documents with the other party and agreeing on a bundle of documents
• Taking witness statements, drafting statements and agreeing their content with witnesses
• Reviewing and advising on the other party’s witness statements
• Agreeing on a list of issues, a chronology and/or cast list
• Preparation and attendance at Final Hearing, including the preparation of full instructions to Counsel

The stages set out above are an indication and if some of the 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.

We are able to quote fixed fees for each piece of work with which you require assistance.

Insurance 

You may also have insurance that may fund your claim or defence.

You should check any policies that you may have which include legal expenses cover or LEI. Please contact your insurer if you do have this on your policy.

We are able to act under the insurance policy and can assist you with this if you need help.

If you are insured then we take on the claim or defence and your insurer will normally cover the costs of us so doing providing that the claim or defence has 51% prospects of success (normally gauged by the insurers’ independent barrister).

You remain responsible for all costs which are incurred prior to the insurer implementing cover under your policy (eg: a review of papers) and by way of example these normally do not exceed £1000.00 plus VAT and are often less.

If you do have an insurance policy and require assistance in communicating with the insurer directly please contact us.

No Win No Fee – Damages-Based Agreements (DBA’s)

We rarely consider cases on a no win no fee basis.

If we do however you will be asked to enter into a DBA. Under the terms of a DBA we would be entitled to take 35% of any damages recovered for you (including VAT). You may remain liable to pay for any barristers fees and any fees in relation to the initial assessment of your papers/case.

If we agree to a DBA with you, we will send out a full letter of terms and explain this in full.

How long will my matter take? (DBA’s) 

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.

A settlement can be reached at any time.

If a settlement is reached during pre-claim conciliation, your case is likely to take 2-4 weeks.

If your claim proceeds to a Final Hearing, your case is likely to take 15-26 weeks in some tribunal centres but in others, it may take between 26-52 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.