Costs – Unfair dismissal and wrongful dismissal claims.

Kirsten provides advice relating to these claims and here we give information about our costs.

We can act for employers or employees in cases of unfair dismissal or wrongful dismissal in an Employment Tribunal. These fees do not relate to other types of employment claim so, for example, they would not cover discrimination claims.

Our fees for bringing and defending claims for unfair or wrongful dismissal depend on how complex the case is.

My hourly rate is £200 per hour and there is no VAT payable. Below are examples of the range our fees are likely to fall in.

Average costs

  • Simple case: £4,000-£6,500 (no VAT) plus Counsel’s fees
  • Medium complexity case: £6,500 -£10,000 (no VAT) plus Counsel’s fees
  • High complexity case: over £10,000 (no VAT) plus Counsel’s fees

Some factors that may 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
  • Urgency
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • Attitude of the other party
  • 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
  • Other allegations related to the claim e.g. whistleblowing

There will be an additional charge for attending a Tribunal Hearing of £500 per day (no VAT) where a barrister is representing you. Generally, we would allow 2-5 days at a hearing depending on the complexity of your case.

Disbursements

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 but you are responsible for the fees.

Currently there are no court fees for issuing proceedings in the Employment Tribunal but this could change.

You should also be aware that in the event of you losing a case in an Employment Tribunal you may be ordered to pay some or all of the winning side’s costs.

Counsel’s Fees

Where a case goes to a hearing in the Employment Tribunal (other than simple case management matters) we would normally instruct a barrister “Counsel” to represent you. We may also suggest getting advice from Counsel about the merits of your case or to prepare certain documents. Doing this may reduce our costs but you would have to pay Counsels fees. Counsel’s fees are estimated between £750 to £2,000 per day (depending on their experience as an advocate) for preparing for and attending a Tribunal Hearing so fees for earlier advice are additional. These fees are in addition to our fee estimate.

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 where this is mandatory to explore whether a settlement can be reached;
  • Preparing your claim or response
  • Reviewing and advising about a claim or response from other party
  • Exploring settlement and negotiating settlement throughout the process
  • preparing or 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
  • Preparing for and attending a Final Hearing, including instructions to Counsel

The stages set out above are just an indication, so if some of stages above are not necessary the fee will be less. You may want to handle the claim yourself and only have our advice in relation to some of the stages. We can give you advice about the practicalities and costs of this.

How long will your matter take?

How long your case make take from your initial instructions to the final resolution depends largely on the stage at which your case is resolved. So if we can reach a settlement during pre-claim conciliation, your case is likely to take 4-8 weeks. If your claim goes to a Final Hearing, your case is likely to take 14-24 weeks. 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.

If you have questions please just ask me.

Kirsten Moon – Employment Law Solicitor – Partner

01233 714055

 

 


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