If your instructions require us to handle your matter outside the fixed fee arrangement, we will charge an hourly rate based on the experience and qualifications 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 serves as a guide to help you understand the potential costs associated with defending an unfair dismissal claim that proceeds to a final hearing.
Since each case is unique, we recommend discussing your specific situation with us for a more precise quote. The costs outlined below may vary based on the extent of our involvement in your matter.
| Guided Fee for Cases Involving Final Hearing | |
|---|---|
| Straightforward case all the way through to final hearing: | £12,000 – £15,000 plus VAT |
| A case with some complicated facts: | £18,000 – £22,000 plus VAT |
| A highly complicated case: | From £22,000 plus VAT |
Counsel would be charged separately or if you would like a member of our team to attend the hearing, then there would be an additional charge of between £1,000 and £1,250 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 matter is concluded in a timely manner and no unforeseen complications arise.
- All parties to the transaction are co-operative and there is no unreasonable delay from any parties providing documentation.
- No other applications are needed, and no other heads of claim are raised.
Disbursements and Additional Costs
Disbursements refer to other expenses incurred during your case, such as photocopying, bundle preparation and fees for obtaining copies of medical records.
For Employment Tribunal claims, these costs often include Counsel’s fees for providing advice or for representing you at a hearing. The need for and selection of Counsel will be discussed with you, and they will only be instructed after their fees are agreed upon and you have transferred the necessary funds to our client account.
Counsel’s fees, also known as Barrister fees, vary based on the individual Barrister’s experience. If Counsel is required, we will obtain a quote for their services and discuss it with you before proceeding, ensuring you are fully informed of the costs involved.
Typically, the initial fee for a Barrister, which includes the first day of the hearing (known as the brief fee), ranges from £1,000 to £3,000 plus VAT. Each additional day would incur a further cost of around £500 to £1,500 plus VAT. These fees may be higher if you choose a more experienced Barrister.
Additional charges may also arise, such as travel expenses for attending any 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 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 costs (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;
- reviewing and advising on the claim from the other party;
- preparing the response to the claim;
- exploring settlement and negotiating settlement throughout the process;
- preparing or responding to a schedule of loss;
- preparing for (and attending) a preliminary hearing (if required);
- exchanging documents with the other party and agreeing a bundle of documents;
- taking witness statements, drafting statements and agreeing their content with witnesses;
- preparing a bundle of documents;
- reviewing and advising on the other party’s witness statements;
- agreeing a list of issues, a chronology and/or cast list, if required; 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 is likely to happen then we would discuss this with you.
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 always aim to settle a cause as early as possible in order to keep your legal costs down and ensure the most positive outcome.
If you settle during ACAS early conciliation, it is likely to take between two and six weeks from the date on which you commence the conciliation.
However, if the matter does not settle then the Employment Tribunal will be in charge of how long the matter will take and will set directions for trial.
If you end up at a full hearing, then in our experience the final hearing could be between six months and eighteen months from the date that the employee’s claim was submitted on, 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 give a Reserved Judgment.
We should be able to give you a more accurate timescale when we discuss your case with you. Different Tribunals around the country have different judicial availability.
As you can see, there is a lot to think about when considering defending a claim for Unfair Dismissal and Wrongful Dismissal. We highly recommend that you contact us to discuss your case, its merits and the likely legal 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 lead to the dismissal;
- a claim of Constructive Unfair Dismissal;
- the number of witnesses and documents;
- the number of days which the hearing is listed for;
- allegations of discrimination or harassment/ bullying which are linked to dismissal;
- making or defending a cost application;
- if you wanted a conference with counsel or meetings with witnesses;
- if the claim is for Automatic Unfair Dismissal e.g. if the employee was dismissed after blowing the whistle; and
- if there are significant preliminary issues which have to be dealt with such as determining whether the claimant is disabled etc 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.
