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OUR FEES FOR UNFAIR AND WRONGFUL DISMISSAL CASES

References to VAT are to the prevailing rate, which is currently 20%.

Our charges for bringing and defending claims for unfair or wrongful dismissal will depend on a number of variables, including the complexity of the case. Factors that could make a case more complex include:

  • The number of claimants or respondents.
  • Defending claims that are brought by litigants in person.
  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim.
  • Making applications for Witness Orders.
  • Making or defending a costs application.
  • Complex preliminary issues.
  • The number of witnesses and volume of documents.
  • Preparing a complex schedule of loss or a complex counter-schedule of loss.
  • Insolvency, TUPE or Whistleblowing claim linked to an Unfair Dismissal claim (only). Please see exclusions below in relation to separate heads of claim, including of the type referred to in this paragraph.

The hourly charge rate for the members of our employment team vary from £150 to £295 per hour (excluding VAT). Our estimated price ranges for unfair and wrongful dismissal claims are:

Simple case £7,000 to £13,000 (excluding VAT)

Medium complexity case £9,000 to £17,000 (excluding VAT)

High complexity case £15,000 to £31,000 (excluding VAT)

These estimates do not include the costs incurred for the hearing of the claim. When a case goes to a hearing, we offer our clients a range of options with regard to representation. The options include:

  • The solicitor in the team providing representation. The likely cost will be between £1,200 plus VAT and £2,500 plus VAT per day of the hearing.
  • External counsel (Barrister). Counsel will charge a fee for preparation of the case and the first day of the hearing (known as a brief fee) and a further fee for each additional day of the hearing (known as a refresher fee). The fees vary depending on the experience of the advocate, but we estimate that counsel’s fees are likely to be between £750 plus VAT to £5,000 plus VAT and the refresher between £650 plus VAT and £1,500 plus VAT.

If you wish to have a team member attend the hearing as well as an advocate, for example for note-taking and advice during the day, there will be an additional charge of between £750 plus VAT to £1,500 plus VAT per day. This figure is based on a relatively junior member of the team attending. If the request was made for a more senior member of the team to attend, then the fees would be higher.

If you wish to have counsel provide separate Advice before the hearing then additional counsel’s fees will apply.

Key stages

The fees set out above cover all the work in relation to the following key stages of the 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 where this is mandatory 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.
  • Exchanging documents with the other side and agreeing a bundle of documents to be used at the hearing.
  • Taking witness statements, drafting statements and agreeing their content with witnesses.
  • Reviewing and advising on the other party’s witness statements.
  • Agreeing a list of issues, a chronology and/or task list.
  • Preparation and attendance at final hearing, including preparing instructions to counsel.

Exclusions

Our prices do not include any of the following:

  • Making or defending applications to amend your claim or to provide further information to the Tribunal
  • Any detailed tax advice, for example relating to a settlement payment
  • Any pension advice
  • Advising on any insurance cover you may have in place
  • Mediation outside of negotiations through ACAS
  • Any appeals

Disbursements

Disbursements are costs related to your matter that are payable to third parties, such as Tribunal and Court fees or counsel’s fees. In addition to the counsel’s fees outlined above, if you require counsel’s advice before the hearing then a separate fee would be charged. For a written advice we estimate that the cost would be between £1,000-£2,000 plus VAT, depending on the experience of counsel.

We will charge mileage at 40 per mile and rail fares at standard class cost.

How long will my matter take?

The time that it takes from taking your initial instructions to the final resolution of your case, 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 1-2 months. If your claim proceeds to a full hearing, then your case is likely to take 8-12 months. This is just an estimate and we will be able to give you a more accurate timescale once we have more information and as the matter progresses.

Please note that the above estimates are based purely on unfair and wrongful dismissal claims and exclude all other and separate heads of claim, including discrimination, whistleblowing, health and safety, Transfer of Undertakings (Protection of Employment) Regulations 2006 and union activity claims.

Tailored estimates

Given the issues raised above we will always attempt to provide you with a more tailored estimate of the likely costs of your case, once we have been able to obtain detailed instructions from you about the issues involved. To contact one of our lawyers about your case, and to find out more about the costs that might be incurred, please contact us.