Our prices for bringing claims for unfair and wrongful dismissal will generally be as follows:
- For a simple case: £3,000 to £4,500 (excluding VAT)
- For a medium complexity case: £4,500 to £7,000 (excluding VAT)
- For a high complexity case: £7,000 to £12,000 (excluding VAT)
Factors that could make a case more complex include the following:
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim.
- Making or defending a costs application.
- Dealing with complex preliminary issues, for example whether or not a party is disabled (if this is not agreed by the parties) or whether a disclosure is “protected” within the meaning of the legislation.
- The number of witnesses and documents involved in the case.
- If the matter is an automatic unfair dismissal claim, for example if the employee claims they have been dismissed after blowing the whistle, or if it is for a health and safety related reason.
- If allegations of discrimination are linked to the dismissal and form a part of your claim.
There will be an additional charge if you wish your representative to attend the Tribunal hearing of around £750 per day (excluding VAT). It may not be necessary for a representative from our firm to attend at the hearing depending upon the complexity of the case, and all of the advocacy may be dealt with by a barrister we instruct.
Disbursements are costs relating to your matter that are payable to third parties, for example Court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.
In claims of unfair or wrongful dismissal, the only significant disbursements we are likely to incur are barrister’s fees. These ultimately depend on the experience of the barrister instructed to deal with the hearing, but usually include a brief fee (which covers all of the preparation and the first day of the hearing), and a subsequent refresher fee (which covers each following day of the hearing). Typically, barrister’s fees would be around £3,000 (excluding VAT) for a one day brief, with refreshers of around £1,500 (excluding VAT) for further days of the hearing. Those fees may be greater or less depending upon the complexity of the case and experience of the advocate.
The overall fees set out above cover all of the work which is required in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers and advising you on the merits and likely level of compensation might be awarded against you if the claim were unsuccessful (although this issue is likely to be re-visited throughout the matter and is subject to change – this is because, in most cases, the amount of compensation an employee might be awarded will depend on their loss of earnings, which is difficult to determine with any accuracy at an early stage).
- Entering into pre-claim conciliation with ACAS.
- Preparing and lodging your formal response form with the Employment Tribunal.
- Exploring the settlement and negotiating settlement throughout the process.
- Preparing or considering a schedule of loss.
- Preparing for (and conducting where necessary) any preliminary hearing.
- Preparing lists of documents and exchanging that with the other party.
- Agreeing a bundle of documents for use at the hearing.
- Taking witness statements from relevant witnesses.
- Preparing any further documents or bundles required for the hearing.
- Agreeing with the other party (or their representative) a list of issues, a chronology and/or cast list.
- Preparing for (and if necessary) attending at the final hearing, including preparing and providing instructions to a barrister to represent you.
The stages set out above are an indication of what is required, and if some of the above stages are not necessary then our overall fees may be reduced. It may be that you would wish to handle certain aspects of the claim yourself and only have our advice in relation to others. This can be arranged depending on the circumstances of the case and your individual needs.
How long will my matter take?
The time that it takes from taking your initial instructions to a final resolution of the matter will depend largely on the stage at which your case is resolved. If settlement is reached at an early stage then it may only take a few weeks, but if the matter proceeds to a full hearing on all issues, then it will be much longer. Also, much will depend on the complexity of the case and how many days the hearing is expected to last. Typically, it will take around 4 months from the issuing of your claim form for a matter to become before the Tribunal, although it may be longer if a longer hearing is required (sometimes up to 6 or 7 months). The above timescales are estimates, and we will be able to give you more accurate timescales when we have more information and as the matter progresses.