Employment Tribunal Claims Costs

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.

Our Legal Fees cover all of the work required to handle your case from instruction to conclusion.

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.

We have experience in a wide range of employment disputes from simple unfair dismissal and contract claims to more complex whistleblowing, seven figure discrimination, jurisdictional, bonus, pension and fiduciary disputes.

It is difficult to predict costs for employment tribunal cases with any degree of certainty because costs will reflect the type of claim from the simple to the more complex as well as the number of issues and witnesses, the extent to which witnesses are able to provide cogent first drafts of witness statements and the volume of documentary evidence.

The value of a claim is also likely to be relevant in that a high value claim may justify pursuing documents, issues and tactics which might be disproportionate in the case of a less valuable claim.

It is not always possible to know the value of a claim at the outset of a case because the ability of the Claimant to mitigate their loss may be unknown.

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

Before bringing a claim, we suggest that we meet with you to understand whether you have a claim against your employer and, if so, what that claim would involve.

An initial consultation for advice on a new contract of employment or a dispute arising whilst still employed, or after having left employment will usually involve a one to two hour meeting, review of your documentation and sending a confirmatory letter of advice.

This work is charged at £280 per hour plus VAT (a total of £336 incl. VAT per hour) and is likely to cost in the region of £500 to £1,000 plus VAT (£600 – £1000 incl. VAT) but the actual costs will depend upon the complexity of your instructions, the volume of documents and the issues.

As each case is different, you should speak with us so that we may give you a more accurate estimate. The costs which are indicated below will vary depending on our level of involvement with your matter.

Simple low value claim which results in a final hearing lasting one day is likely to cost:£10,000 - £20,000 + VAT (£12,000 - £24,000 incl. VAT)
A medium complexity case resulting in a final hearing lasting two or three days is likely to cost:£20,000 - £35,000 + VAT (£24,000 - £42,000 incl. VAT)
A high complexity case such as whistleblowing or discrimination will generally result in a longer hearing usually lasting 4 to 5 days and might cost in the region of:£35,000 - £70,000 + VAT (£42,000 - £84,000 incl. 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 update them as your case progresses.
  • We will charge the sum of £30 + VAT (£36 incl. 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 were to change your instructions, or your case were to involve an unforeseen complexity.

Our fees assume that:

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

Disbursements and Other Costs

  • Disbursements are costs related to your matter that are payable to third parties, such as Court fees or any Tribunal fees.  We handle the payment of the disbursements on your behalf to ensure a smoother process.
  • If Counsel is required to be instructed, a quotation for their services will be obtained from them and discussed with you before they are instructed to ensure that you are fully aware of the fees that will be charged.
  • Counsel’s fees are estimated to be between £500 and £3,000 + VAT per day (£600 – £3600 incl. VAT per day), (depending on experience) for attending a Tribunal Hearing (including preparation). Counsel may spend one or more days preparing for a final hearing and therefore a brief fee for a one day final hearing or for the first day of a longer hearing is likely to include an element for preparation and therefore the brief fee will usually be more than one day. Therefore, if a particular barrister typically charges £2,000 per day then their anticipated costs for say a 4 day trial may (depending upon complexity and the volume of papers) may comprise a brief fee of say £6,000 (being two days of preparation and the first day at the Tribunal) and then refreshers of £2,000 for each of the 2nd, 3rd and 4th.

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 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 on 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 52 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
  • The 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 is disabled (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 earner handles Employment matters:

Huw Jones – Huw is the Head of Litigation at Beverley Morris & Co. Solicitors, a qualified solicitor and has overall supervision of the employment law department. Huw qualified in 1996 and is an experienced litigator and negotiator. He is able to advise on employment issues and acts in employment disputes including high value discrimination, whistle-blowing, fiduciary, shareholder and regulatory disputes.

Questions

If you have any questions relating to our services and our fees, please contact us on 020 8852 4433 or email us at enquiries@beverleymorris.co.uk.