Employment Law for Employers - Cost Information

This firm provides a full service to both employers and employees in employment tribunal and court disputes. We have experience over the years of representing both in many different types of employment tribunal claims, including unfair dismissal, wrongful dismissal and discrimination cases.

It is very difficult to generalise about a particular type of work or the cost of such work because each case is individual, just like the people involved in it.

We charge all our work in accordance with our hourly rates (see below). In all cases we will provide you in writing with our best estimate of the anticipated costs involved in pursuing your claim at the outset. The estimate will be revised and updated depending on how the case proceeds.

We have a dedicated team that handles all such work and that is led by a partner with over 30 years’ post qualification experience, with the last 20 years being focussed mainly on employment work.

When we take on instructions to act, whether for an employer or an employee, we always wish to meet with you to discuss the background to the claim fully so that we understand what the dispute is about. In our view this initial preparation is absolutely vital and if a firm grasp is not taken of the issues in the case at an early stage, further unnecessary costs may be incurred further down the line. In some cases we may need to seek counsel’s opinion on the issues raised if there is a particular difficult or novel area of law involved. In our experience utilising counsel early in disputes often proves to be a costs saving in the long run.

Key stages

• The fees set out below 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 or response
• Reviewing and advising on a 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

Our costs are calculated on the time spent on the matter and in accordance with our hourly rate of £280 plus VAT at 20%. We will always provide you with our best estimate of the likely fees in your particular case in each instance as there can be so many variables;

Our pricing for bringing and defending claims for unfair or wrongful dismissal in a case which has only 1 or 2 witnesses, where there are no complex legal arguments and none of the complicating factors as mentioned below and either the case settles before the final hearing or proceeds to a final hearing which lasts one day: £5,000-£10,000 excluding VAT at 20%.

In cases with more witnesses but with perhaps one or more of the complicating factors listed below and which proceeds to a final hearing, which might last 2 – 3 days: £10,000-£30,000 excluding VAT at 20%.

Other cases which have one or more factors set out below, or complex legal, factual or evidential issues and which proceed to final hearing which lasts more than two or three days will probably cost more and we will advise you on the likely costs according to the particular circumstances of your case.

If the case goes to a final hearing we shall instruct a barrister to represent you and their fees will be added in addition to the figures given above. The barrister’s fees will depend upon their seniority and experience. As a rough guide their fees could range between £1000 – 3000 plus VAT at 20% per day.

• There are many factors that can make a claim more complex, some examples of which are
• 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 whether the 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
• Allegations of discrimination which are linked to the dismissal

Disbursements

You may incur additional legal expenses related to your matter that are payable to third parties (which we call disbursements) which could include:

1. Court fees (where applicable). These will be specified to you depending on the claim and do not include VAT;
2. Counsel’s fees which we would detail to you during the course of the case and which would be subject to VAT at 20%;
3. Other expenses which will be detailed to you depending on the case and we would at that stage specify whether or not VAT was payable, such as Land Registry or Company search fees.

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 8 – 12 weeks. If your claim proceeds to a Final Hearing, your case is likely to take 12 – 18 months and will depend on how quickly the Tribunal or Court lists your matter for hearing. 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.