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Tribunal Pricing Information

Legal Fee Information for
Employment Tribunal Claims

Introduction

We have set out below the issues you need to consider in relation to Legal Fees and disbursements for presenting or defending a claim for unfair or wrongful dismissal.

Legal Fees

Legal Fees are the amount you will be required to pay for all the work performed by us in actioning your instructions from commencement of your case to conclusion.

VAT will be payable on our fees and some disbursements, currently 20%, and we will clearly confirm which disbursements carry VAT in our formal quotation or as we advise you to incur them.

Our fees for bringing and defending claims for unfair or wrongful dismissal in the Employment Tribunal depend on the complexity of the case.  No case is the same and our fees will reflect the complexity of the claim. We will always give you an individual cost estimate at the start of any instructions, after considering the actual features of the claim.

Below is an indication of the typical range of costs involved within the process of Employment Tribunals for both Employees and Employers. The range takes into account the differing hourly rates along with the complexity of the matter, A simple matter will be towards the lower end of the range and a more complex matter will be towards the higher end of the range.

The costs can often be lower than those stated below, for example if an early settlement is reached. Also, certain steps may not be required on all matters, such as a Preliminary Hearing. The costs will be adjusted in these cases.

If your matter becomes complex (see below) our fees may increase further and we will notify you in advance of any increased costs.

ITEM

RATES

All charges will be quoted at:

  

Sharon Hundal’s hourly rate

£300 + VAT per hour (£360.00 Inc. VAT)

Tim Vaughan’s hourly rate

£325 + VAT per hour (£390.00 Inc. VAT)

Drafting and submitting the claim form outlining your case and the nature of the dispute (ET1))  / the response form when a claim has been made against you (ET3)  to the Employment Tribunal:

Includes:
· initial instructions,
· reviewing documents,
· initial advice to you,
· drafting the ET1/ ET3 form,
· drafting the document that sets out the factual detail of your claim, and the legal basis for it (known as the Particulars of Claim) and submitting this to the Employment Tribunal.

£1000 – £3,000.00 +VAT (£1,200 – £3,600 Inc. VAT)

Dealing with an Employment Tribunal from the start – To potentially include:

· liaising with ACAS to enter into the early conciliation process,
· drafting and submitting the claim form outlining your case and the nature of the dispute (ET1))  / the response form when a claim has been made against you (ET3)  to the Employment Tribunal ,
· liaising with the Employment Tribunal,
· reviewing the ET1/ ET3 form,
· complying with Case Management Order,
· preparing for and attending a Preliminary Hearing
· instructing Counsel (Barrister) for the Hearing
· Preparing bundle for the Hearing,
· drafting schedule of loss, witness statements,
· entering into Without Prejudice negotiations to try to settle the claim before the Employment Tribunal goes ahead.

£,5000.00 – £14,000.00 + VAT (£6,000.00 – £16,800.00 Inc. VAT)
  • We will provide costs advice tailored to the facts and issues of your particular case once we have taken your initial instructions and we will keep costs under review and updated as your case progresses.
  • We will charge the sum of £40 + VAT (£48 inc. VAT) for electronic money transfers.

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 fees assume that:

  1. The transaction is concluded in a timely manner and no unforeseen complication arise.
  2. All parties to the transaction are co-operative and there is no unreasonable delay from any parties providing documentation.

Disbursements and Other Costs

Disbursements are costs related to your matter that are payable to third parties. In this context the likely disbursements will be limited to expert reports (such as a medical report or valuations) and Counsel (Barrister)’s fees to provide advice or represent you at a hearing. If you bring your claim in the employment tribunal then there are no court fees to pay to issue a claim in the Employment Tribunal, but you will need to pay the fees of a barrister to represent you or for other expert reports. We handle the payment of the disbursements on your behalf to ensure a smoother process.

If Counsel or other experts are required to be instructed an estimate of costs for their services will be obtained from them and discussed with your before they are instructed to ensure you are fully aware of the estimate of costs that will be charged.

  • The fees of a barrister vary depending on the experience of the advocate and their expertise. 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 (£1200 – £3600 Inc. VAT). Each subsequent day would be an additional £500 – £1,500 plus VAT (£600 – £1800 Inc. 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.
  • Medical report fees/ other experts fees (if applicable) – on occasion an expert report may be required in our experience a cost of these reports range from £750.00 – £2000.00 + VAT (£900.00 – £2,400.00 Inc. VAT).

Stages of The Process

The fees set out above cover all of the 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 revisited throughout the matter and 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 claim or response from 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
  • Preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication and some of the stages above may not be required. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged on your individual needs.

Please note that the fee estimates provided do not include the cost of attendance at a final hearing by us or a Barrister instructed to represent you. The fees also do not include the costs of a judicial or private mediation.

How Long Will My Claim 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. If a settlement is reached during pre-claim conciliation, your case is likely to take 4 to 6 weeks.

If your claim proceeds to a Final Hearing, your case is likely to take 26 to 78 weeks. This is just 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.

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: –

  • Inclusion of other employment claims
  • Number of documents requiring review and advice
  • Acting against a litigant in person (someone who is not legally represented in their claim)
  • 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
  • Complex preliminary issues such as whether the claimant has a disability which is protected by law (if this is not agreed by the parties)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination or whistleblowing which are linked to the dismissal
  • Linked claims in other jurisdictions

Should any of these factors occur we will notify you and discuss with you any increase in our legal fees or disbursements.

Fee Earners

The following fee earners handle Employment matters:


Sharon Hundal is Head of Employment Law and a Qualified Solicitor and has overall supervision of our Employment Law Team. Sharon qualified in 2005 and is a highly experienced solicitor and specialises in pursuing and defending employment claims and all areas of Employment Law.

Tim Vaughan is a highly experienced solicitor who qualified in 1975 and who has dealt with complex matters.  He offers advice and assistance on a consultancy basis.

Questions

If you have any questions relating to our services and our fees, please contact us on 01604 622101 or email us at [email protected]

Borneo Martell Turner Coulston