Price Transparency information – Employment
Our total costs for bringing and defending the following type of claims would be:
• Simple case: £6,000 – 10,000 (plus 20% VAT)
• Medium complexity case: £10,000 – 15,000 (plus 20% VAT)
• High complexity case: £15,000 – 20,000 (plus 20% VAT)
• Simple case: £3,000 – 5,000 (plus 20% VAT)
• Medium complexity case: £5,000 – 8,000 (plus 20% VAT)
• High complexity case: £8,000 – 10,000 (plus 20% VAT)
The costs estimates set out above relate to these two types of claims only and not claims such as discrimination which can be more complex and may lead to higher costs. The costs set out above do not include disbursements which are discussed separately below.
Our costs are not required to be paid in full at the outset although it is our firm’s usual practice to always take a payment on account of costs at the start of each matter. We will submit regular bills to you at intervals throughout the course of the proceedings. You should be aware that in employment tribunals it is not the case that your legal costs will be paid by the other party if you successfully bring or defend the claim.
Factors that could make a case more complex include:
• 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
• The number of witnesses and documents involved in the case
• Unusual or complex legal principles being involved
• 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 preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties.
• Costs may also be higher if a final Hearing ends up being adjourned and has to be re-scheduled.
Key stages of an Employment Tribunal claim
The fees set out above cover all of the work in relation to the following key stages of a claim:
a. 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)
b. Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
c. Preparing and lodging your employment tribunal claim or response
d. Reviewing and advising on claim or response from other party
e. Considering whether further & better particulars are required (this means more information about the factual and legal basis for the claim)
f. Exploring settlement and negotiating settlement throughout the process
g. Preparing or considering a schedule of loss and advising upon mitigation of loss
h. Exchanging documents with the other party (so called ‘disclosure’)
i. Preparing for (and attending) a Preliminary Hearing
j. Agreeing a bundle of documents for use at the final hearing (so called ‘hearing bundle’)
k. Preparing the hearing bundle if required
l. Contacting potential witnesses, drafting witness statements, agreeing their content with witnesses and exchanging them with the other party
m. Liaising with witnesses about their attendance at the employment tribunal final hearing
n. Reviewing and advising on the other party’s witness statements
o. Agreeing a list of issues, a chronology and/or cast list
p. Preparation for Final Hearing, including instructing Counsel
The stages set out above are an indication only and if some of stages above are not required, our costs may 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 needs. Should you only require advice about some of the stages above we would provide a bespoke costs estimate.
There may be other funding options available to you other than funding your case privately. You should check the content of any insurance policies you have to see if you may benefit from legal expenses insurance, for example.
You may be entitled to advice and assistance from a trade union. You may choose to contact the Citizens Advice Bureau or ACAS.
Disbursements are costs related to your matter that are payable to third parties, such as court fees or the fees of a barrister. We handle the payment of the disbursements on your behalf to ensure a smoother process.
The costs of a barrister (Counsel) to represent you at a final hearing are a good example of a disbursement you may be required to pay in an Employment Tribunal case. Very often we would instruct a barrister to represent you at the final hearing. Estimated Counsel’s fees for an Unfair Dismissal or Wrongful Dismissal claim are:-
For a one day hearing
• Brief fee of £750 – 1,500 (plus 20% VAT) for preparation and day one of the Hearing (depending on experience of the advocate).
For a five day hearing
• Brief fee of £2,500 – 3,500 (plus 20% VAT) for preparation and day one of the Hearing; and
• a Refresher Fee of £650 – 850 (plus 20% VAT) per each additional day (depending on experience of the advocate).
Should you require a member of our team to attending the Tribunal Hearing as well as your barrister, those costs would be in addition to the estimates give above.
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 type of matter, the stage at which your case is resolved and the point at which you instruct us. If a settlement is reached during pre-claim conciliation, your case may take 2-3 months. If your claim proceeds to a Final Hearing, your case is likely to take 9-12months. 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.