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Costs relating to unfair wrongful dismissal claims

Possible costs

It is not possible to give a general indication of costs in all cases, as they will largely turn on their own facts and circumstances, and be sensitive to the specific issues in each case; for example only an unfair dismissal claim may take between 1 and 5 days hearing time, or may have liability, quantum, and costs issues all dealt with at separate hearings.  However, we would expect a claim, assuming that it proceeded to a final hearing to cost within the following ranges:

Claim Type   Lower Cost Maximum Costs
Wrongful Dismissal £3,000 £15,000
Unfair Dismissal Simple case £7,500 £12,500
Medium case £10,000 £20,000
Complex case £15,000 £30,000

Factors that could make a case more complex include but are not limited to:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim or otherwise to comply with Employment Tribunal directions.
  • Dealing with multiple claims which are issued at separate times.
  • Dealing with cases which have multiple claimants and or Respondents.
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • Complex preliminary issues such as considering whether statutory protections have been engaged, or determinations as to an individual’s employment status.
  • The number of witnesses and volume of documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Where there are allegations of victimization
  • If there are allegations of discrimination, but the case proceeds on the basis of unfair and or wrongful dismissal alone.
  • Dealing with complex pension issues, calculations and details.

Basis for our fees

Our Fees are calculated and charged on an hourly rate basis, and based on the time spent on your file by our solicitors and fee earners. Whilst full details of the solicitor who will have control of your matter will be provided in our client care letter, the following table sets out the details of those who may work on or otherwise supervise your file.

Role Qualification Experience Hourly Rate (Excluding VAT)
Director Solicitor/ Fellow of the Institute of Legal Executives 12+ years Post Qualification Experience £285
Associate Director Solicitor/ Fellow of the Institute of Legal Executives 8-10+ years Post Qualification Experience £250
Senior Associate Solicitor/ Fellow of the Institute of Legal Executives 6-10+ years Post Qualification Experience £240
Associate Solicitor/Fellow of the Institute of Legal Executives 3-6 years Post Qualification Experience £210
Solicitor/Legal Executive Solicitor/ Fellow of the Institute of Legal Executives 0-3 years Post Qualification experience £200
Trainee Solicitor Has completed LPC and working towards qualification No Post Qualification experience, but may have experience of working within the legal processes and procedures £135
Paralegal Not formal professional qualification, No Post Qualification experience, but may have experience of working within the legal processes and procedures £135

Disbursements

During the running of any claim we anticipate that the following disbursements may be required:

Disbursement Lower cost Maximum Costs
Counsel’s Brief fee for interim hearing £400 £4,000
Counsel’s Final Hearing Fee £750 £2,500 (per day)
Counsel’s Fee for Advice, whether written or in Conference £500 £3,000
Solicitor’s Travel and accommodation £10 £500
Expert Reports (where applicable) £250 £3,000

Value Added Tax (“VAT”)

All of our fees and Disbursements set out on this page are exclusive of VAT, which is chargeable at the rate of 20%. Where our client is VAT registered they will be able to reclaim the VAT from HMRC in the normal manner.

What’s included?

Work Included? Time Scale for Completion.
Drafting and submitting ET 1 with any Particulars of claim 5 months from dismissal
Receiving/Drafting and submitting ET 3 Response 28 days after Issue of proceedings  (unless an extension has been applied for and granted)
Considering Directions and/or Attending a PHR 2-4 months after issue of proceedings
Preparing Client’s Disclosure Lists 3-5 months after issue of proceedings
Reviewing Other side’s Disclosure Lists 3-5 months after issue of proceedings
Agreeing and preparing Hearing Bundle 4-6 months after issue of proceedings
Preparing Client’s Witness Statements (maximum of 3) 5-8 months after issue of proceedings
Reviewing Other side’s Witness Statements 5-8 months after issue of proceedings
Preparation of Schedule of Loss or Counter Schedule of Loss With pleadings to 9 months (depending on Tribunal Directions)
Preparing/Amending agreed Case Summary 5-9 months after issue of proceedings
Preparing/Amending any Chronology 5-9 months after issue of proceedings
Preparing/Amending Cast list 5-9 months after issue of proceedings
Arranging Representation at Final Hearing 6-12 months after issue of proceedings
Attendance at Final Hearing 6-12 months after issue of proceedings
Engaging the other side and/or ACAS in settlement negotiations Anytime for instruction until completion of Case

The times quoted above are estimates only and will vary from case to case depending upon the Orders released and set by the Employment Tribunal from time to time.

The Fees quoted do not include work in respect of:

  1. Any claims in respect of discrimination claims relating to a Protected Characteristic, or other claims being pursued before the Employment Tribunal, including but not limited to claims for unpaid wages, holidays, protective awards, claims not arising out of dismissal, failure to provide a contract of employment or updates etc.
  2. Any claim which relates to a Breach of Contract claim being run before the County Court or High Court.
  3. Any ancillary matter which is outside of the Employment Tribunal’s ability to deal with.
  4. Anything prior to the preparation for the issue of proceedings, or any Review or Appeal of any decision.

“No Win No Fee”

As a general rule we do not offer “No Win/No Fee” agreements in Employment Tribunal Cases.

In the event that we were to consider offering a “No Win- No Fee” type agreement it would be on the basis of a Damages Based Agreement. Under that agreement you would be responsible for paying:

  1. Any disbursements incurred under the Claim.
  2. Upon successful recovery of monies under any claim, 33% of any sums recovered including VAT.
  3. In the event that we discover that you have acted dishonestly, failed to provide disclosure of material events or documents, or otherwise fail to cooperate with us in the running of your claim, or fail to follow our advice, you would be responsible for paying our costs on an hourly rate basis.

Meet the team

Our team has experience in delivering high quality advice and representation in all areas of Employment Law and in relation to both contentious and non-contentious matters.

Jason Alcock is the solicitor and Head of Department who deals primarily with Employment Law issues, having practiced in the area for over 10 years.  In his work he is assisted by various other members of the department including Louise Palmer and Alex Medford.

The Employment Law team sits within the wider dispute Resolution team, which is managed and supervised by Director, Martin de Ridder.

Please see our departmental team information.

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