If you wish to bring a claim against your employer before the Employment Tribunal for unfair dismissal or wrongful dismissal, we will charge for our services on the basis set out below. We refer to these charges as “fees”. Our fees will always be subject to VAT. As part of the work carried out for you we may have to pay on your behalf the charges rendered by external service providers or government institutions some of which will be subject to VAT. We refer to these payments as disbursements on our bills (invoices).
Please note that our charges as set out below do not apply to the handling of any claim which involves, in whole or in part, an allegation of discriminatory conduct by your employer of any nature whatsoever. In respect of any such matter, we will let you have a bespoke estimate of our charges.
Please note also that our charges as set out below apply only where your claim is for compensation for unfair dismissal or damages for wrongful dismissal. They do not apply where you wish to apply for an order of re-instatement (i.e. an order that you be re-instated by your former employer into the position from which you have been dismissed) or an order of re-engagement (i.e. an order that you be re-engaged by your former employer into a position different from the one from which you have been dismissed).
Our fees are charged on an hourly basis according to the time spent working on your matter.
Very broadly a claim for unfair dismissal will arise where your complaint relates to the alleged reason for your employer dismissing you or to the procedure adopted by your employer leading to the decision by your employer to dismiss you. This should be contrasted with a claim for wrongful dismissal which will arise where your complaint relates to a breach of your contract of employment by your employer in not, for example, giving you sufficient contractual or statutory notice of termination of your employment or in not paying you the correct amount of remuneration due as at the date of termination of your employment.
Our fees in respect of bringing a claim against your employer before the Employment Tribunal for unfair dismissal or wrongful dismissal are likely to be as set out in 1 below with disbursements as indicated in the table at 2 below.
Typically a claim by an employee against an employer for unfair dismissal or wrongful dismissal will have up to five phases.
The first phase involves our investigating the circumstances relating to your dismissal and your complaint. We will need to review all documentation relevant to your employment and the dismissal and to interview you in detail as to the circumstances giving rise to your complaint. We will then need to consider the documentation and your evidence and provide you with our written advice on the merits of your case and what further work will be required in order to file your complaint at the Employment Tribunal. The cost of this is estimated to be in the range £1,500 and £5,000 plus VAT.
Assuming that our advice on the merits of your claim is positive and that you decide to proceed, the second phase involves our preparing and filing your claim. The cost of this is estimated to be in the range £7,500 and £10,000 plus VAT.
The third phase is the work leading up to a preliminary hearing on directions (which will include drafting any documentation to be submitted to the tribunal at the hearing). Our fees in connection with this are estimated to be in the range £5,000 and £7,500 plus VAT. It will also be necessary to retain counsel (a barrister) to prepare the draft documentation referred to above and to represent you at the preliminary hearing. Our fees could be higher or lower than the estimate given above depending on the nature of the case. We will keep you informed if there is a likelihood of our fees varying from the estimate given above. An estimate of counsel’s fees appears in the table at 2 below.
The fourth phase comprises the work required to prepare the case for the hearing on liability and representation at the hearing itself. The cost of this depends on the size of the case, the complexity of the issues and the length of the hearing. Even in a relatively straightforward case (two days dealing with liability only), our fees will be in the region of £40,000 to £50,000 plus VAT and counsel’s fees. An estimate of counsel’s fees appears in the table at 2 below.
Assuming you are successful at the hearing on liability, the fifth phase is a remedy hearing. This can cost between £12,000 to £20,000 plus VAT depending on the complexity of the issues and the length of the hearing. Counsel will again be required. An estimate of counsel’s fees appears in the table at 2 below.
The estimates of our fees have been calculated on the basis of the following hourly rates: partner £380, solicitor who is not a partner or legal assistant of equivalent grade £250, trainee solicitor £150.
As well as the fees of counsel, you will be liable to pay sundry disbursements which may be incurred by us in connection with the preparation for and attendance the hearings at the third, fourth and fifth phases. These could include printing and photocopying of documents for the hearings and travelling expenses, accommodation and subsistence relating to our attendance at such hearings. Estimates of any such disbursements will be provided to you before the cost is incurred.
The work will be carried by a partner with over 15 years post qualification experience in the field of employment law together with assistance from a solicitor who is not a partner or a legal assistant of equivalent grade or a trainee solicitor as necessary. All work will be supervised by a partner.
Please see the table below for details of the typical disbursements that you should expect to pay.
|Counsel’s fees at the third phase (preliminary hearing on directions)||£2,000 to £5,000 plus VAT|
|Counsel’s fees at the fourth phase (hearing on liability)||£15,000 to £60,000 plus VAT|
|Counsel’s fees at the fifth stage (hearing on remedies)||£5,000 to £15,000 plus VAT
|Printing and photocopying of bundles of documents for hearings||Estimates to be provided before cost incurred. Plus VAT in all cases.|
|Travelling expenses, accommodation and subsistence in relation to attendance at hearings||Estimates to be provided before cost incurred. Plus VAT in all cases.|