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Employment Department Price and Service Information for unfair and wrongful dismissal claims

11 January 2019

Our pricing for bringing and defending claims for unfair or wrongful dismissal in the Employment Tribunal.

Prices are charged at an hourly rate of unless otherwise specified. Our current hourly rates range from £140 plus VAT to £350 plus VAT.

In all cases, the final charge will depend on the amount of time spent on the matter. The provided estimated price ranges are a guideline and the final cost will depend on the overall complexity and requirements of the matter.

Simple case:

  • £7,000.00 to £10,000.00 (excluding VAT)

Medium complexity case:

  • £10,000.00 to £15,000.00 (excluding VAT)

High complexity case:

  • £15,000.00 to £20,000.00 (excluding VAT)

Factors that could make a case more complex:

  • 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 during or at the end of the claim process.
  • Dealing with complex preliminary issues such as whether the claimant is disabled, a claim is out of time, the claimant has the necessary continuity of service, or there has been improper conduct during a protected conversation.
  • The number of witnesses and documents.
  • If it is an automatic unfair dismissal claim e.g. if the claimant is dismissed after blowing the whistle on his employer or for a health & safety reason.
  • Allegations of discrimination which are linked to the dismissal.

The range of costs set out above assume that it will be necessary for us to attend a one or two day tribunal hearing (including any preliminary hearing).

Disbursements

Disbursements are costs related to your matter that are payable to third parties such as translation fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel’s fees are included in the range of costs set out above. In some cases our solicitors do the advocacy and in other cases we instruct Counsel to do the advocacy. Counsel’s fees are estimated to be between £1,500.00 to £4,000.00 per day (depending on the experience of the advocate) for attending a Tribunal Hearing (including preparation).

By way of illustration, in a medium complexity case culminating in a one day hearing our fees would be £12,000.00 (excluding VAT) for the work that we do and the disbursement of Counsel’s fees would be £3,000.00 (excluding VAT) to do the advocacy at the Hearing – meaning a total estimated fee of £15,000 plus VAT. In some medium complexity cases we will do the advocacy in which case our estimated fee will also be £15,000.00 plus VAT.

Key Stages

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 through ACAS to explore whether a settlement can be reached;
  • Preparing the claim or response;
  • Reviewing and advising on the claim or response from the other party;
  • Exploring settlement and negotiating settlement throughout the process;
  • Preparing or considering a schedule of loss;
  • Preparing for (and attending) a half day or one day preliminary hearing;
  • Exchanging documents with the other party and agreeing a bundle of documents;
  • Taking instructions on witness statements, drafting statements and agreeing their content with witnesses;
  • Preparing a bundle of documents for trial (final hearing);
  • 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.

The range of fees does not include any review, redetermination or appeal arising from a decision taken by an employment tribunal.

The stages set out above are an indication and if some of the stages above are not required, the fee may be reduced depending on the complexity of the work done at other stages. 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 on your individual needs.

No win, no fee arrangements

We are under a duty to consider with you, whether you are an employer respondent or employee claimant, the possibility of us acting for you on a “no win, no fee” basis and other forms of funding such as insurance.

A “no win, no fee” agreement allows certain charges to be paid by you personally such as:

  • Any irrecoverable success fees charged against you;
  • Charges that may be made if you breach the agreement;
  • Charges that may be made if you terminate the agreement early or we terminate the agreement in circumstances in which you are in breach;
  • Charges that may be made on death, insolvency or incapacity;
  • Disbursements, if these are payable on non-conditional terms;
  • Any deductions that we are entitled to make from damages recovered under the terms of a ”no win, no fee” agreement; and
  • Costs that you are ordered to pay to the other party.

It usually takes between 3-5 days to assess whether a case is suitable for a “no win, no fee” agreement. We will charge you for our initial meeting and the advice we give you at that meeting in connection with your employment query, but we do not charge you for the “no win, no fee” assessment. Depending on the complexity of the matter we may agree to deduct the cost of the initial meeting from any success fee to which we are ultimately entitled.

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 one to four weeks. If your claim proceeds to a Final Hearing, your case is likely to take six to twelve months. 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.

By David Ludlow

For further advice on the above topics, please call us on 01483 543210 or alternatively email enquiries@barlowrobbins.com

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