Our team has over 20 years of collective experience in delivering high quality work in all matters relating to employment tribunal litigation. The team has particular expertise in handling claims relating to unfair dismissal; discrimination; TUPE and employment status (i.e. whether an individual is an employee, worker or self-employed consultant).

Our charges are normally based on hourly rate fees which vary depending on the level of experience the file handler has.

As of May 2024, our current hourly charge rates are as follows:
• Partner: £300-350 plus VAT at 20%
• Solicitor: £225 plus VAT at 20%

Regardless of who works on your matter, they will be supervised by David Walton, Partner and Head of Employment. Please click here for more information about David and the Employment team.

 

BRINGING A CLAIM OF UNFAIR DISMISSAL AND/OR WRONGFUL DISMISSAL

Average Pricing Structure

As of May 2024, our average price range for bringing a claim for unfair or wrongful dismissal is as follows:

• Simple case: £10,000 – £15,000 (plus VAT at 20%)
• Medium complexity case: £15,000 – £30,000 (plus VAT at 20%)
• High complexity case: £30,000 – £50,000 (plus VAT at 20%)

Please note that the above is a fee estimate only. It is not an agreement to a fixed fee.

There may also be other funding options available that we can discuss on an individual basis, such as cover under an insurance policy and/or membership of a trade union. If you feel you have access to alternative funding options, please make this known to us and we can discuss this further. There are certain factors that could make a case more complex. For example:

• If it is necessary to make applications to amend claims or to provide further information about an existing claim;
• Making or defending a costs application;
• Complex preliminary issues such as whether a claim is brought in time;
• Other parties involved and their advisers not co-operating and/or not acting reasonably and promptly;
• 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.

 

Fees Payable to Third Parties (“Disbursements”)

Disbursements are costs related to your matter that are payable to third parties, such as barrister’s fees (also known as Counsel’s fees). The fees for Counsel will vary depending on their level of experience, the level of input required and the amount of preparation required for any hearing. We would agree any fee with you in advance if Counsel was required.

As of May 2024, estimated costs for Counsel’s brief fees are as follows:

• Hearings listed for 1 hour: £200 (plus VAT at 20%)
• Hearings listed for ½ day: £350 (plus VAT at 20%)
• Hearings listed for 1 day: £500 (plus VAT at 20%)
• Hearings listed for 2-3 days: £1,500 (plus VAT at 20%)
• Hearings listed for 4-5 days: £2,000 (plus VAT at 20%)

Refresher fees, travel, pre-hearing conferences, drafting, skeleton arguments etc. would be billed in addition to the brief fees above.

We handle the payment of the disbursements on your behalf to ensure a smoother process although we do require money on account of all disbursements from our clients.

 

Work Included and Key stages

The precise work and stages involved in pursuing an unfair or wrongful dismissal claim vary according to the circumstances. However, we have set out the key stages involved in a typical 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 ACAS Early Conciliation, a process designed to explore whether a settlement can be reached;
• Preparing your ET1 Claim Form – the form which starts your claim in the Employment Tribunal;
• Preparing your Particulars of Claim – the document that attaches to your ET1 claim form setting out the factual detail of your claim and the legal basis for it;
• Reviewing and advising on a response from the Respondent(s);
• Exploring settlement and negotiating settlement throughout the process;
• Discussing options/tactics with you;
• Preparing or considering a Schedule of Loss;
• Preparing for (and possibly attending) a Preliminary Hearing;
• Dealing with disclosure of documents, exchanging documents with the Respondent(s) and agreeing a bundle of documents;
• Taking witness statements, drafting statements and agreeing their content with witnesses;
• Reviewing and advising on the Respondent(s)’s witness statements;
• Agreeing a list of issues, a chronology and/or cast list (key people involved in the case);
• Preparing for and (possible) attendance at the Final Hearing, including instructions to Counsel;
• Preparing for and (possible) attendance at the Remedy Hearing, if necessary, including instructions to Counsel.

 

Services Excluded

Our services (within the scope of this costs information) will not include any of the following:
• Advice or assistance in relation to any appeal;
• Advice relating to tax;
• Advice relating to pensions;
• Advice relating to corporate law.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of the matter depends largely on the stage at which your case is resolved.

ACAS Early Conciliation may last up to 6 weeks but this can be brought to an end sooner if either the parties agree to this or they reach a settlement.
If your claim proceeds to a Final Hearing, it is likely to take 12 – 24 months. If your claim settles before a Final Hearing this will reduce the likely timescale. 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.

For more information on the employment tribunal system, please visit: Employment Tribunal - GOV.UK (https://www.gov.uk/courts-tribunals/employment-tribunal)

For more information on bringing a claim, see: Make a claim to an employment tribunal - GOV.UK (https://employmenttribunals.service.gov.uk/apply)

 

 

DEFENDING A CLAIM OF UNFAIR DISMISSAL AND/OR WRONGFUL DISMISSAL

Average Pricing Structure

As of May 2024, our average price range for bringing a claim for unfair or wrongful dismissal is as follows:

Simple case: £10,000 – £15,000 (plus VAT at 20%)

Medium complexity case: £15,000 – £30,000 (plus VAT at 20%)

High complexity case: £30,000 – £50,000 (plus VAT at 20%)

Please note that the above is a fee estimate only. It is not an agreement to a fixed fee.

There are certain factors that could make a case more complex. For example:

• If it is necessary to defend applications to amend claims or make applications to provide further information about an existing claim;
• Making or defending a costs application;
• Complex preliminary issues such as whether a claim is brought in time;
• Other parties involved and their advisers not co-operating and/or not acting reasonably and promptly;
• The number of witnesses and documents. The onus tends to be on the Respondent to compile the majority of information and documentation for disclosure including the bundle of documents for the Final Hearing. This can often lead to higher potential legal costs for Respondents compared to Claimants;
• If it is an automatic unfair dismissal claim e.g. if the Claimant alleges they have been dismissed after blowing the whistle on their employer;
• Allegations of discrimination which are linked to the dismissal.
We will be able to give you an idea of the complexity of the case and the likely fees for our advice and assistance once we receive further details from you

 

Fees Payable to Third Parties (“Disbursements”)

Disbursements are costs related to your matter that are payable to third parties, such as barrister’s fees (also known as Counsel’s fees). The fees for Counsel will vary depending on their level of experience, the level of input required and the amount of preparation required for any hearing. We would agree any fee with you in advance if Counsel was required.

As of May 2024, estimated costs for Counsel’s brief fees are as follows:
• Hearings listed for 1 hour: £200 (plus VAT at 20%)
• Hearings listed for ½ day: £350 (plus VAT at 20%)
• Hearings listed for 1 day: £500 (plus VAT at 20%)
• Hearings listed for 2-3 days: £1,500 (plus VAT at 20%)
• Hearings listed for 4-5 days: £2,000 (plus VAT at 20%)

Refresher fees, travel, pre-hearing conferences, drafting, skeleton arguments etc. would be billed in addition to the brief fees above.

We handle the payment of the disbursements on your behalf to ensure a smoother process although we do require money on account of all disbursements from our clients.

Work Included and Key stages

The precise work and stages involved in defending an unfair or wrongful dismissal claim vary according to the circumstances. However, we have set out the key stages involved in a typical claim:

• Taking initial instructions and reviewing the papers;
• Dealing with requests for ACAS Early Conciliation, a process designed to explore whether a settlement can be reached;
• Reviewing and advising on a claim or claims made against the business;
• Preparing the ET3 defence form i.e. the response form when a claim has been made against the business;
• Preparing the Grounds of Defence i.e. the document that attaches to the ET3 defence form setting out the factual detail of the defence and the legal basis for it;
• Exploring settlement and negotiating settlement throughout the process;
• Discussing options/tactics;
• Preparing a counter Schedule of Loss in relation to the Claimant’s Schedule of Loss;
• Preparing for (and possibly attending) a Preliminary Hearing;
• Dealing with disclosure of documents; exchanging documents with the Claimant and agreeing a bundle of documents;
• Preparing the final bundle of documents for the Final Hearing;
• Taking witness statements, drafting statements and agreeing their content with witnesses;
• Reviewing and advising on the Claimant’s witness statements;
• Agreeing a list of issues, a chronology and/or cast list (key people involved in the case);
• Preparing for and (possible) attendance at the Final Hearing, including instructions to Counsel;
• Preparing for and (possible) attendance at the Remedy Hearing, if necessary, including instructions to Counsel.

The stages set out above are an indication and if some of the stages above are not required, the fee will be reduced. You may wish to handle the claim yourself on behalf of the business and only have our advice in relation to some of the stages. This can also be arranged on the business needs.

Services Excluded

Our services (within the scope of this costs information) will not include any of the following:
• Advice or assistance in relation to any appeal;
• Advice relating to tax;
• Advice relating to pensions;
• Advice relating to corporate law.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of the matter depends largely on the stage at which your case is resolved.

ACAS Early Conciliation may last up to 6 weeks but this can be brought to an end sooner if either the parties agree to this or they reach a settlement.
If a claim proceeds to a Final Hearing, it is likely to take 12 – 24 months. If a claim settles before a Final Hearing this will reduce the likely timescale. 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.

For more information on the employment tribunal system, please visit: Employment Tribunal - GOV.UK

For more information on what to do if you are being taken to an employment tribunal, see: Being taken to an employment tribunal: Overview - GOV.UK