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TRANSPARENCY IN PRICE & SERVICE 

The following costs information is provided in accordance with the SRA Transparency Rules and the Price and Service Transparency guidance issued by the Law Society. Those rules require us to provide costs information in relation to certain Employment Tribunal claims.

We understand that hourly rate billing does not suit all clients. Unlike some of our competitors, we are able to offer a range of funding options, including:

  • Fixed fees for some instructions

  • Legal expenses insurance – you may be covered under the terms of your business, home or motor insurance policy;

  • Hourly billing

  • Annual retainer or set monthly billing

  • In exceptional cases, we may consider acting for employees under a Damages Based Agreement or a Conditional Fee Arrangement (known as a ‘no win no fee’ agreement);

  • Crowdfunding, which allows you to raise funds online, using a special platform, from friends, family and others that may have an interest in the matter at stake.

We will advise you on the various funding options during your initial appointment and we are experienced at tailoring our services to best suit your budget. We are always fully transparent about costs so there are no surprises for you.

 

Each case is different and the work involved can vary significantly depending upon the circumstances and evidence. For instances an ‘ordinary’ unfair dismissal claim will likely cost significantly less than a complex and high-value whistleblowing or discriminatory dismissal claim. 

 

Here we seek to provide guidance on the potential costs involved in bringing and defending a standard claim for unfair or wrongful dismissal. Unfair Dismissal is where an employee alleges they have been dismissed for a reason that is not fair and in a manner that is not reasonable. Wrongful dismissal is where the employer acts in breach of contract in dismissing the employee – usually by failing to give or pay the correct notice. 

 

This is not an estimate of fees or a quote for any specific matter. Overall costs are determined by a number of factors including the complexity of the issues, the volume of evidence, your instructions and procedural factors outside of our control. We will of course provide revised costs information as the matter progresses and will always consider the proportionality of costs relative to the overall value of the claim.

 

Our usual hourly charge out rates are between £275 plus VAT to £325 plus VAT as at April 2024. Our rates may be increased each year and we may offer lower rates for some cases. 

 

The approximate cost of pursuing a claim for unfair or wrongful dismissal:

 

Simple case:                                £7,500 to £15,000 plus VAT

Medium complexity case:          £15,000 to £25,000 plus VAT

Highly complex case:                 £25,000 to £50,000 plus VAT

 

These ranges relate to unfair/wrongful dismissal claims only.  Complex discrimination, whistleblowing or High Court claims are likely to cost more. 

 

These are average costs that apply to cases which proceed all the way to a full Tribunal Hearing. They do not include Counsel’s fees which will be charged separately. 

 

Our expert input means that many cases settle long before the final hearing in which case your likely costs will be considerably lower than these average ranges. The pre-litigation costs for negotiating a settlement generally range from around £1,500-£7,500 plus VAT (depending on how matters progress).

 

Factors that could make a case more complex and result in additional fees include but are not limited to the following:

  • The number of separate claims being brought or separate incidents alleged

  • The need to issue a further claim in a developing situation (e.g. where a dismissal follows detriment)

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim

  • Making or defending a costs or deposit order application

  • Complex preliminary issues such as whether the claimant meets the Equality Act definition of disability (if this is not agreed by the parties) or where there is a dispute over employment status which may require separate Preliminary Hearings

  • The volume of relevant documentation in a case

  • Where documents need to be redacted for a particular reason

  • The number of witnesses and documents (a simple case will typically include up to 2 witnesses, plus the claimant and consist of no more than 300 pages of documents)

  • If it is an automatic unfair dismissal claim e.g. if you are dismissed for whistleblowing at work and/or for a health and safety related reason

  • Allegations of discrimination which are linked to the dismissal (and other claims being brought within the unfair/wrongful dismissal claim)

  • The value of the claim and whether there are complex losses claimed under a pension scheme, share scheme, etc.

  • There is personal injury element to a whistleblowing or discrimination claim

  • The number of days the final hearing is listed for

DISBURSEMENTS 

Disbursements are costs related to your matter that are payable to third parties, such as court fees, barrister’s fees, expert’s fees and courier charges. We handle the payment of the disbursements on your behalf to ensure a smoother process.

 

Barrister’s fees are generally estimated between £1,000 to £3,000 per day (plus VAT) (depending on the level of experience of the advocate) for providing representation at a Tribunal Hearing. For complex cases it may be advisable to instruct a more senior barrister and their fees will be higher.

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 the 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;

  • Exploring settlement and negotiating settlement throughout the process

  • Preparing the claim form and Grounds of Claim setting out your case and the nature of the dispute or preparing the response form when a claim has been made against you / your business

  • Reviewing and advising on the claim or the response from the other party

  • Preparing or considering a Schedule of Loss

  • Preparing for (and attending) Preliminary Hearings (for case management or a substantive issue)

  • Exchanging a List of Documents and copies with the other party and agreeing a bundle of documents

  • Preparing the bundle of documents for the Final Hearing

  • Taking witness statements and finalising their content with witnesses

  • Reviewing and advising on the other party’s witness statements

  • Agreeing a chronology and/or cast list

  • Preparation and attendance at the Final Hearing as required, including preparing instructions to the Barrister

 

Please note considering final judgments and advising on grounds for appeal would be charged separately. 

 

These stages are indicative and if not all stages are required then the fee may be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can be arranged to suit your individual needs and to help you manage your budget.

 

HOW LONG WILL MY MATTER TAKE?

The time that it takes from 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 between 4 and 12 weeks.  

 

If your claim goes as far as a final hearing, your case is likely to take 6-18 months, although please note that the Tribunals are currently under-resourced and the case could take longer than that to complete. 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 case progresses.

The time that each of the separate stages listed above may take, and when they may be reached, differs greatly from case to case. Often, we are entirely dependent on factors outside of our control, such as the availability and diary of the Employment Tribunals.

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