The work that is undertaken in respect of an unfair dismissal or wrongful dismissal claim is broad and is entirely dependent upon the facts of the individual case and the basis upon which a Claimant is pursuing their claim. For that reason it is not practicable for us to provide a total estimated cost of the service until we have assessed the details of the case and confirmed what work we will carry out for you. We have instead provided our hourly rates and a likely range of costs for these sorts of cases in order to give you an indication of cost.
Component parts and hourly rates
Our charges can be based either upon a fixed fee for certain components or an hourly rate or a combination of the two depending upon your individual circumstances including your approach and attitude to risk.
- Fixed fee for certain component
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This involves us splitting the Tribunal process into a number of component parts (the number of which will depend on the complexity of the case), scoping out the work involved for each part and setting a budget for this work. This budget is based on the estimated amount of work we will need to undertake, the lawyers who are expected to carry out the work and their hourly rate. Clients sometimes wish to handle certain stages themselves or only involve us at certain stages. We can accommodate this if required.
- Hourly rate
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Our hourly rate varies depending on the member of staff dealing with your matter and their location. Our lowest hourly rate is £190 excluding VAT and our highest hourly rate is £790 excluding VAT. We make sure the work is carried out by someone of the appropriate level and seniority depending on the complexity of your case. We will discuss this with you when you instruct us and ensure it is in line with the nature of the service you wish us to provide and the individual circumstances of your matter.
Examples of our fees
Costs are provided for your general guidance only and these should not be interpreted as a fixed fee or binding quote.
- Straightforward claim
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Fees range from £9,350 to £16,500, excluding VAT.
A straightforward claim would ordinarily involve few issues of fact and settled law.
In circumstances where the case is dismissed or settled at an early stage of proceedings the cost may be lower. Instances where this could occur include cases dismissed or settled prior to disclosure.
- Medium complexity claim
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Fees ranging from £16,500 - £27,500, excluding VAT
- Complex claim
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Fees range from £27,500 to £49,500, excluding VAT.
Fees may exceed this upper limit in highly complex cases.
We would, in any event, advise clients on likely fees at the outset of a matter. Our fees will reflect the particular requirements of your case, your particular needs and the extent of our work.
Factors that could make a case more complex and increase the cost
- The number of witnesses.
- The complexity of the factual basis of the claim.
- The amount of documentation.
- The value of the claim.
- Whether additional claims (such as whistleblowing and discrimination are pursued alongside the unfair dismissal/wrongful dismissal claims).
- Whether preliminary hearings are required (and if so, how many and for what purpose).
- The clarity of the law on the issues in dispute.
- The length of the final hearing.
- Claims that are brought by litigants in person (unrepresented claimants).
Disbursements
Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Disbursements are generally limited to Counsel fees. These fees will vary depending on the seniority of the barrister and the length of the hearing. Counsel's fees for attending at the hearing, including preparation, are estimated between £500 to £3,500 a day excluding VAT and expenses (depending on experience of the advocate).
VAT
VAT is charged at 20%.
Key stages
The stages set out below are an indication of the services you can expect to be included in a straightforward claim. As a general rule, we would carry out all preparatory work up to the point of the hearing. At which point we would pass the case to Counsel.
- 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);
- Preparing the response and statement of grounds of resistance;
- Reviewing and identifying documents to disclose to the other party;
- Reviewing documents received from a Claimant;
- Preparing the bundle of documents;
- Exchanging documents with the claimant and agreeing a bundle of documents;
- Preparing for a Preliminary Hearing;
- Taking witness statements;
- Drafting statements and agreeing their content with witnesses;
- Reviewing and advising on the other party's witness statements;
- Preparing for Final Hearing;
- Exploring settlement and negotiating settlement terms.
Other stages – not included in fee estimate
- Responding to employment tribunal applications;
- Identifying or instructing an expert witness;
- Advice on the tax treatment of any settlement or award etc;
- Drafting a counter schedule of loss;
- Drafting a list of issues;
- Providing further particulars;
- Attending any preliminary hearings;
- Attending a Tribunal hearing.
Timescales
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 2-6 weeks.
If your claim proceeds to a Final Hearing, your case is likely to take 9-12 months depending on which employment tribunal is dealing with your case and the complexity of your case. This is an estimate based on a straightforward case.
We will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
Our lawyers
Details of the lawyers who undertake and supervise this work can be found below.
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