This page sets out the likely costs if you bring a claim for Unfair Dismissal or Wrongful Dismissal against your ex-employer. Unfortunately, given the nature of Employment claims, it is rather difficult to provide an exact figure in advance. However, we hope that the information set out below is a helpful summary for you and recommend that you contact us in advance to discuss the specifics and the merits of your individual case.
Unfair Dismissal claims vary in complexity depending on the background facts, the number of documents including emails which need to be reviewed and the number of witnesses. Further, an Unfair Dismissal claim relates solely to the termination of your employment. Generally, you need to have two years of service in order to be able to bring a claim for Unfair Dismissal although there are some exceptions e.g. Automatic Unfair Dismissal which we will be happy to discuss with you.
Wrongful Dismissal claims are rarely brought on their own as they principally relate to whether your notice period has been paid. We would expect our fees for a Wrongful Dismissal claim to be between £3,000 and £5,000 plus VAT assuming that there is not a complicated factual matrix behind your dismissal and/or no Counterclaim is made.
The value and complexity of the matter alongside the stage at which the matter is resolved are factors that must be taken into account to confirm the fees in accordance with this scale.
If your matter becomes complex (see below) our fees may increase further, and we will notify you in advance of any increased costs.
Should your instructions require us to take your matter out of any agreed fixed fee, then we will charge an hourly rate which will depend on the experience and qualification of the case handler as follows:
| Fee | |
|---|---|
| Director/Department Head/Senior Solicitors with more than 8 years’ PQE | £420 plus VAT per hour (£504 inc. VAT) |
| Solicitors with 4 to 8 years’ PQE | £370 plus VAT per hour (£444 inc. VAT) |
| Newly qualified Solicitor up to 4 years’ PQE | £300 plus VAT per hour (£360 inc. VAT) |
| Trainee Solicitors | £240 plus VAT per hour (£288 inc. VAT) |
| Paralegals | £160 plus VAT per hour (£192 inc. VAT) |
The pricing below relates to Unfair Dismissal claims only. If you have other complaints against your ex-employer (such as Discrimination/Harassment/Victimisation and/or Unlawful Deductions From Wages etc) then it is likely that the fees will be higher as more work will need to be carried out in order to prepare your Employment Tribunal claim properly. If this is the case, we would discuss the potential fees with you at the outset of the matter and keep you updated on the costs as your case progresses.
The pricing below is intended to act as a guide so that you can understand the potential costs involved in bringing a claim for Unfair Dismissal which goes all the way to a Final Hearing. Some cases do end in settlement before the Final Hearing although this cannot be guaranteed.
As each case is different, you should contact us first so that we can give you a more accurate quote. The costs which are indicated below will vary depending on our level of involvement with your matter.
| Guided Fee for Cases Involving Final Hearing | |
|---|---|
| Straightforward case all the way through to final hearing: | £8,000 – £12,000 plus VAT |
| A case with some complicated facts: | £10,000 – £18,000 plus VAT |
| A highly complicated case: | From £18,000 plus VAT |
If you would like a member of our team to attend the hearing, then there would be an additional charge of between £1,200 and £1,750 plus VAT per day.
If at any stage our fees change, we will notify you and discuss the reason for any changes. This would typically occur if you change your instructions or your case involves an unforeseen complexity.
Our average fee assumes that:
- the transaction is concluded in a timely manner and no unforeseen complication arise;
- all parties to the transaction are co-operative and there is no unreasonable delay from any parties providing documentation; and
- instructions are provided to us in a timely manner.
Disbursements and other costs
Disbursements may be incurred in the handling of the matter for you. In addition to our fees, you may need to pay some other expenses.
For Employment claims, these will typically be Counsel’s fees to provide advice or represent you at a hearing. If you bring your claim in the Employment Tribunal then there are no fees to pay, but you may need to pay the fees of a Barrister to represent you.
If Counsel is required to be instructed, a quotation for their services will be obtained from them and discussed with your before they are instructed to ensure you are fully aware of the fees that will be charged.
The fees of a Barrister vary depending on the experience of the Barrister concerned. In our experience, the initial fee for a barrister and the first day of the hearing (known as the brief fee) will be in the region of £1,000 – £3,000 plus VAT. Each subsequent day would be an additional £500 – £1,500 plus VAT.
If you want a very experienced Barrister, then the cost is likely to be more. You may also incur additional charges such as travel costs for us to attend meetings and hearings.
Stages of the Process
The precise stages involved in Unfair Dismissal or Wrongful Dismissal claims vary according to the circumstances. The fees which we have set out above cover all of the work in relation to the key stages of a claim. They include:
- 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);
- undertaking regulatory checks;
- entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
- preparing the claim;
- reviewing and advising on 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 bundle of documents;
- reviewing and advising on the other party’s witness statements;
- agreeing a list of issues, a chronology and/or cast list; and
- preparation for the final hearing, including instructions to Counsel.
Obviously, if you reach a settlement before the final hearing or some of the stages are not needed then the fee may be reduced. Equally, fees may increase due to unexpected circumstances or additional stages, if this does happen then we would discuss this with you in detail.
How long will my case take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved.
We are often asked how long a matter will take. It will depend on whether you settle or end up at a final hearing. If you do end up at a final hearing, then the date of the hearing will depend on how busy the Employment Tribunal is and when they can fit your case in.
If you settle during ACAS early conciliation, then it is likely to take between two and six weeks from the date on which you commence the conciliation.
If you end up at a full hearing then, in our experience, the final hearing will be between six and eighteen months from the date you lodge your claim, depending on the length of hearing and the availability of Employment Judges. You may then have to wait for a decision if the Employment Tribunal needs more time to consider the evidence and write the judgment which will then be reserved.
We should be able to give you a more accurate timescale when we discuss your case with you.
As you can see, there is a lot to think about when considering bringing a claim for Unfair Dismissal. We highly recommend that contact us to discuss your case, its merits and potential value and the likely costs.
Factors that could make a case more complex
The following factors may make your case more complex and impact on your legal fees and disbursements:
- a long history of events which led to your dismissal;
- if you claim Constructive Unfair Dismissal;
- the number of witnesses and documents;
- the number of days which the final hearing is listed for;
- allegations of Discrimination/Harassment/Bullying which are linked to your dismissal;
- making or defending any costs application(s) by your ex-employer;
- if you wanted a conference with Counsel or meeting with witnesses;
- if your claim is for Automatic Unfair Dismissal e.g. if you are dismissed after blowing the whistle on your employer; and
- if there are significant preliminary issues which have to be dealt with such as determining whether you are disabled (to the extent not agreed) or defending applications for a Deposit Order or a Strike Out Order.
Should any of these factors occur we will notify you and discuss with you any increase in our legal fees or disbursements.
