Bringing and defending claims for unfair or wrongful dismissal
No two employment claims are the same. This invariably means the work required to conclude any one claim will not always be the same as any other with a consequential effect upon the costs of representation. Whilst the information below will provide a guide to the costs of typical claims, we would always expect to understand your individual circumstances before providing further, tailored cost estimates which will be reviewed throughout the progress of your case. Where possible we will provide an estimated cost for the completion of each stage of your claim and will always advise you of any factor arising which may significantly alter our previous costs estimates.
- Simple case: £6,000-£10,000 (excluding VAT)
- Medium complexity case: £10,000-£20,000 (excluding VAT)
- High complexity case: £20,000 + (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 information about an existing claim;
- defending claims that are brought by litigants in person;making or defending a costs application;
- complex preliminary issues such as whether the client is disabled (if this is not agreed by the parties);
- the number of witnesses and documents;if it is an automatic unfair dismissal claim, eg if you are dismissed after blowing the whistle on your employer;
- allegations of discrimination which are linked to the dismissal.
There will generally be an additional charge for attending a Tribunal hearing of £1,500 per day (excluding VAT). The number of days required to conclude a hearing will be dependent upon the complexity of the case – a straight forward claim will likely be listed for 1-2 days.
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
Counsel’s fees for attending a Tribunal Hearing (including preparation) vary significantly depending on experience of the advocate. Typical costs for a straightforward claim may be in the order of £1,000-£3,000 plus VAT
The fees set out above cover all of the work in relation to the 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 where this is mandatory to explore whether a settlement can be reached;
- preparing claim or response;
- reviewing and advising on claim or response from other party;
- exploring settlement and negotiating settlement throughout the process;
- preparing for and considering a schedule of loss;
- preparing for (and attending) a Preliminary Hearing;
- exchanging documents with the other party and agreeing a bundle of documents;
- taking witness statements, drafting statements and agreeing their content with witnesses;
- preparing bundle of documents;
- 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 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 and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.
The overall time taken to complete a claim will inevitably be subject to the operation of the Employment Tribunal and the particular hearing centre which is dealing with the claim. Typical claims may take an estimated 6-12 months to conclude with completion at a final hearing (rather than by settlement before that stage). The time taken to hear a claim varies greatly between Tribunal hearing centres given the variation in caseload; the time taken to hear a case in Nottingham, for example, may vary significantly to a (similar) case being heard in Birmingham or London.
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