Employment Law Fees
Our pricing for acting on behalf of an Employee for bringing a claim for unfair or wrongful dismissal from the start of the case to the end of it are as follows:
Simple case: £2,000 to £4,000 plus VAT
Medium complexity case: £4,000 to £6,500 plus VAT
Complex case: £10,000 to £15,000 plus VAT
Our pricing for acting on behalf of an Employer for defending claims for unfair or wrongful dismissal are as follows:
Simple case: £3,000 to £5,000 plus VAT
Medium complexity case: £5,000 to £7,000 plus VAT
Complex case: £10,000 to £20,000 plus VAT
Factors that could make a case more complex are as follows:
- 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 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 documentation involved in the case.
- 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.
- There will be an additional charge for attending a Tribunal Hearing of £1,000 to £3,500 plus VAT per day depending on the level of fee earner. Generally, we would allow 2 days depending on the complexity of your case. This excludes travelling expenses.
Disbursements are costs related to your matter that are payable to third parties, such as large scale photocopying and travel expenses. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees estimated between £3,000 and £5,000 plus VAT for the preparation of a 1 day Trial and between £750 and £2,500 plus VAT per day thereafter (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation). The fees will be more if you wish to instruct a senior Barrister such as a Queen’s Counsel (QC).
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 where this is mandatory to explore whether a settlement can be reached.
- Preparing a Claim Form ET1 or Response to a Claim ET3.
- 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.
- The stages set out above are an indication and if some of 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.
At the start of our instructions, we explore all available funding options with our clients. This included checking any insurance policy you may hold to see if there is any appropriate insurance funding coverage in place to make a claim either pursuing or defending an employment claim. Although insurers prefer to ask clients to use their own appointed panel solicitors, you have a legal right to select your own solicitor. If you are able to secure insurance funding, this will often cover most, if not, all of the cost of a Tribunal Claim including pre-action.
Recovery of Costs
Unlike the civil courts (such as the County Courts and High Court), in the Employment Tribunal, the starting position is that each party will pay for their own legal fees. Therefore, even if you successfully pursue or defend a claim, you will not necessarily recover your costs from the losing party. However, you may make an application for your costs for up to £20,000 depending on the circumstances of the case to by assessed by an Employment Judge or for costs beyond £20,000 to be assessed by a High Court Costs Judge but in both cases you will need to demonstrate that the losing party has acted unreasonably such as bringing the case in bad faith or has been found to be a liar and/or dishonest.
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 to 6 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 9 to 12 months depending on the Court listing schedule. 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.
Compromise Agreements/Settlement Agreements
We also offer an advice service on Compromise Agreements. Our fees for advising an Employee is £500 plus VAT but at times on more complicated settlement agreements we shall charge an hourly rate of £350 plus VAT per hour. These costs are usually paid by the employer as part of the agreed settlement though sometimes they may only offer to pay a proportion. In this case, the employee would be required to pay the balance.
Our fees for drafting a Compromise Agreement on behalf of Employers is between £1,000 and £1,500 plus VAT depending on the complexity of the settlement that has been reached with the employee.
Our Employment Team is supervised by solicitor and head of Employment Law, Jamil Ahmud.