Pricing Policy: Employment Tribunals
Our charges are based on the time we spend dealing with the matter. They are calculated according to hourly rates which range from £120 excluding VAT for a trainee solicitor, to £201 excluding VAT for a partner.
This is our pricing policy for bringing or defending claims for:
· unfair dismissal (dismissal for an unfair reason and/or without a fair process); and/or
· wrongful dismissal (dismissal without notice or sufficient notice)
in the Employment Tribunal only.
Each claim made or defended is different and as such, the amount of work involved can vary significantly depending on (this is a non-exhaustive list):
- the legal issues involved;
- the number of witnesses;
- the amount of documentation;
- the number and length of hearings required;
- the approach taken by your opponents and the Tribunal;
- 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 / strike out / deposit / disclosure application (or any other application);
- complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties), employment status etc;
- 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;
- complex compensation issues such as pension losses;
- settlement negotiations;
- the number of claimants; and/or
- if it is necessary to appeal, or ask for a reconsideration of, any aspect of a Tribunal’s decision.
As a result, it is difficult to have a standard pricing policy. What we have tried to do, therefore is to set out below a range of costs for a case involving only allegations of wrongful and/or unfair dismissal in the Employment Tribunal.
Examples of cases
£8,000 – £12,000 plus VAT
· Straightforward facts, issues and timeline
· Limited paperwork
· No preliminary hearings (telephone or in person)
· Only one witness on each side (with a short witness statement)
· A 1 day final hearing
Medium complexity case
£12,000 – £16,000 plus VAT
· More involved facts and issues
· Requirement for a preliminary hearing (in person or telephone)
· One or two witnesses on each side
· A final hearing of between 1-3 days
High complexity case
£16,000 plus VAT and upwards
· High value claims
· Complex legal issues such as automatic unfair dismissal (for example dismissal due to TUPE, Health and safety, whistleblowing etc.)
· Substantial amounts of paperwork or complex history of events
· Multiple witnesses or substantial witness statements
· One or a number of preliminary hearings (telephone or in person)
· A final hearing of more than 3 days
If other legal issues are involved, whether or not they are linked, such as discrimination or wages claims or where wrongful dismissal or other contractual claims are brought in a County or High Court, we would need to discuss this with you and it will fall outside of the structure above. For High Court and County Court claims court fees also apply depending on the value of the claim.
There will be an additional charge for attending a Tribunal Hearing (whether preliminary or final hearings) of £900 – £1,600 excluding VAT per day depending on the seniority and experience of the person attending. Travel expenses and travelling time will be additional and will depend on the location of the hearing. The number of days required will depend on the number of preliminary hearings and the length of the final hearing.
Disbursements are costs related to your matter that are payable to third parties, such as Tribunal fees or barrister’s fees. We handle the payment of the disbursements on your behalf to ensure a smoother process and as such, we require disbursements to be paid on account.
We would usually instruct a barrister to represent you at final hearings, and sometimes also at any preliminary hearings. We will discuss the choice of barrister and the likely costs with you. Barrister’s fees are estimates between £800 – £2,000 excluding VAT a day depending on the experience of the advocate for preparing for and attending a Tribunal hearing, but it could be more than this for a senior barrister or where it is a complex or lengthy matter.
Other disbursements may include photocopying costs, postage and courier charges, travel, accommodation and subsistence costs.
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 to explore whether a settlement can be reached
- preparing the claim or response
- reviewing and advising on the claim or response from the opponent
- exploring settlement and negotiating settlement throughout the process
- preparing or considering a schedule of loss
- preparing for (and attending) a case management 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 a bundle of documents
- reviewing and advising on the opponent’s witness statements
- agreeing a list of issues, a chronology and/or cast list
- preparation and attendance at final hearing, including instructions to the barrister.
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 according to your individual requirements.
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 – 6 weeks. If your claim proceeds to a final hearing, your case is likely to take between six and eighteen months, depending on its complexity and the availability of the parties and the Tribunal. 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.