Employment law

Bringing and defending claims for unfair or wrongful dismissal

There are many factors which may affect our fees, such as your location, the seniority of the case handler and the complexity of the case, but we have set out below the fees that we would typically charge for bringing or defending an unfair or wrongful dismissal claim.

Some of our clients may have insurance cover, which may contribute towards or fully meet our fees. It is worth checking any insurance policies to see if these include legal insurance cover (this is commonly found on household insurance policies either as standard, or for a small fee).

Factors that can make a case more complex:

• If it is necessary to make or defend an application to amend a claim, or to provide further information about an existing claim

• Defending claims 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

• If it is an automatic unfair dismissal claim, for example a dismissal occurring after an employee ‘blew the whistle’ on wrongdoing

• Allegations of discrimination which are linked to the dismissal

There will be an additional charge for attending a tribunal hearing of £3,800 - £5,500 per day (excluding VAT).

Disbursements

Disbursements are costs related to the 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.

At court the case is often presented by an advocate, known as Counsel. Counsel’s fees are estimated at between £1,750 and £10,500+ per day, depending on the experience of the advocate, for attending and preparing for a tribunal hearing. We will always seek your prior approval before instructing Counsel.

Tribunal bundles are charged at 12p per sheet.

Key stages

The fees set out above cover all 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 reviewed throughout the matter, and is 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 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 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 the trial bundle (the documents required at court for the 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 stages set out above are an indication. If some of these stages are not required, the fee will likely be reduced. You may wish to handle some parts of the claim/defence yourself and seek our advice only in relation to some of the stages. This can be arranged according to your needs.

How long will my matter take?

The time from taking your initial instructions to the final resolution of the matter depends largely on the stage at which the case is resolved. If a settlement is reached during pre-claim conciliation, the case is likely to take two to six weeks. If the claim proceeds to a final hearing, it is likely to take up to one to two years on average. This is 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. Regional variations can mean that estimates vary significantly from place to place. More complex matters, which require lengthy hearings, can often take much longer to resolve.

How much will it cost to bring or defend a claim?

We usually charge for each hour worked on bringing or defending a claim. Our standard hourly fee rates are set out below:

The above fee rates are all subject to an additional 20% VAT.

Our fee rates are reviewed annually (usually on 1 May) and may be liable to change.

We may sometimes be willing to agree fixed or capped-fee arrangements. We can also offer discounted rates for clients who engage us regularly or enter into retainer arrangements.

The rates and indications given above are necessarily general in nature. Factors which may increase costs include:

1. Cases in which several people are involved (‘multi-party proceedings’)

2. Dealing with litigants-in-person (non-trained opponents)

3. Postponements

4. Claims involving other types of claims, such as discrimination, whistleblowing and equal pay

Who will handle my case?

We try to ensure continuity of service and that you have a main point of reference for the case.  More information on the experience and qualifications of our employment team members can be found on our team page.

When you instruct us, you will be given more detailed information about the seniority of the assigned fee earner(s) and their applicable hourly fee rate(s). You will also be given an overall estimate of the likely costs of our handling the claim/defence.