Introduction

We have set out below the issues you need to consider in relation to Legal Fees and disbursements for presenting or defending a claim for unfair or wrongful dismissal.

Our Legal Fees cover all the work required to handle your case from instruction to conclusion.

Legal Fees

Legal Fees are the amount you will be required to pay for all the work performed by us in actioning your instructions from commencement of your case to conclusion.

Our pricing for bringing and defending claims for unfair or wrongful dismissal will be based on the amount of time it takes. The work will be undertaken by our employment law team, our charge out rates are:

• Senior employment lawyer: £350 – £600 plus VAT (excl VAT)
• Associate solicitors: £350 plus VAT (excl VAT)
• Trainees: £175 plus VAT (excl VAT)
• Paralegals: £125 (excl VAT)

An estimate of our fees for bringing and defending claims for unfair or wrongful dismissal is:

• Simple case:

Fees £5,000 – £15,000 (excl VAT)

• Medium complexity case:

Fees £15,000 – £30,000 (excl VAT)

• High complexity case:

Fees £30,000 – £80,000,000 (excl VAT)

• If your matter becomes complex (see below) our fees may increase further, and we will notify you in advance of any increased costs.
• There will be an additional charge for attending a Tribunal Hearing of £1,000 – £2,000 per day (excl VAT). Generally, we would allow 1-3 days depending on the complexity of your case.
• VAT will be payable on our fees and most disbursements and we will clearly confirm which disbursements carry VAT either in our initial quote or as and when a disbursement is required.

If at any stage our fees change, we will notify you and discuss the reason for any changes. This will typically occur if your instructions change or your case involves an unforeseen complexity.

In addition, there may be other claims being brought, for example sex discrimination or equal pay.

Disbursements

Disbursements are costs that are required for the progression of the case and are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process. For undisputed debt claims there does not tend to be many disbursements, other than a court issue fee where legal proceedings are commenced. If a payment to a third party is required, we will notify you as to the reason and amount in advance.

Counsel’s fees estimated between £1,000 – £3,000 (excl VAT), per day (depending on experience of the advocate) for attending a Tribunal Hearing. (There will be an additional charge for their preparation time of between £1,000 – £3,000 excl VAT per day.)

Stages of the Process

The precise stages involved in unfair or wrong dismissal claims vary according to the circumstances. We have set out the key stages of a standard transaction: –

• 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).
• Undertaking regulatory checks.
• Entering 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.
• Preparing or considering a schedule of loss.
• Preparing for (and attending) a 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.
• Reporting to you on the conclusion of the matter and closing your file.

You may have other funding options available, such as cover under an insurance policy. We will check that with you at your first appointment.

In some cases, only a few of the stages set out above will be required, and in such a situation, the fee will be adjusted accordingly. You may also wish to handle the claim yourself and this can be arranged based on an individual’s needs.

How long will my claim 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 4-8 weeks.
• If your claim proceeds to a Final Hearing, your case is likely to take 5-12 months.

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.

Factors That Could Make A Case More Complex

The following factors may make your case more complex and impact on your legal fees and disbursements: –

• 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 the employment status of the individual bringing proceedings; questions of jurisdiction; or whether the claimant is disabled (if this is not agreed by the parties).
• Factual dispute about the sums owed.
• The number of witnesses.
• The evidence available and the number of documents.
• Problems linked to disclosure of documents, admissibility and requests for specific disclosure.
• If it is an automatic unfair dismissal claim, for example, if you are dismissed after blowing the whistle on your employer.
• Allegations of discrimination which are linked to the dismissal.
• Where there is a mediation or lengthy settlement discussions and or negotiation of settlement terms, especially where preparations for a hearing must continue in order to meet Tribunal deadlines.
• The number of days the case is listed for final hearing.

Should the case become more complicated for any reason, we will discuss this and any increase in fees with you, and decide how to proceed.

The following fee earner will deal with Employment Tribunal Claims: Charlotte Turnbull, Head of Employment.

If you have any questions relating to our services and our fees, please call us on 020 7220 9130.