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What about costs?

Employers usually engage us on a private fee basis and our rates are competitive. We keep clients informed of the costs being incurred throughout the matter and where possible we always try to estimate the final cost before undertaking any work.

If you are an employee it may be possible for us to represent you on a “no win no fee” basis and we can advise you on this after we have undertaken an assessment of the merits of your case.

There may be other ways of funding an Employment Tribunal Claim and you may want to check whether you have other funding options available to you such as cover under an insurance policy or a no win no fee agreement.

The following cost estimates are based solely on making or defending a claim for Unfair or Wrongful Dismissal.

Simple case: £6,000 – £10,000 (excluding VAT)

Medium complexity case: £10,000 – £16,000 (excluding VAT)

High complexity case: £16,000 – £30,000 (excluding VAT)

VAT is chargeable on our fees at the current rate of 20%.

The above estimates include the following work:

  • Meeting with an Employment Law Solicitor, taking your initial instructions, reviewing the file of papers
  • Advising you on the 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
  • Exploring settlement and negotiating settlement throughout the process
  • Preparation of an ET1 and Particulars of Claim on behalf of the Claimant – This is a claim form outlining your case and the nature of the dispute and a document that sets out the factual details of your claim, and the legal basis for it
  • Preparation of an ET3 for the Defendant – This is a response form when a claim has been made against an employer or ex-employer
  • Reviewing and advising on the claim or response from the other party
  • Preparation of List of Documents and exchanging with the other party
  • Preparation of Schedule of Loss for the Claimant – This is a document in which you set out what you think you are owed as a result of bringing an Employment Tribunal claim. This would usually cover a basic award, a compensation award and future losses.
  • Preparation of a Counter Schedule of Loss for the Defendant – This is a document in which you set out a response to the Schedule of Loss prepared by the Claimant and put forward counter proposals in respect of the losses claimed
  • Preparation of Witness Statements in support of an Employment Tribunal Claim or in order to defend such claim
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparing bundle of documents
  • Preparation for a Preliminary Hearing
  • Preparation for Final Hearing and preparing instructions to a Barrister for attendance at the Final Hearing

When deciding what category your claim falls into, we will give consideration to the following:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Defending claims that are brought by litigants in person
  • 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
  • Extensive or complex disclosure issues
  • More than one Claimant and/or Defendant
  • Complex arguments in relation to TUPE Regulations
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination which are linked to the dismissal
  • Making or dealing with Unless Orders – If you do not comply with an order made by the Employment Tribunal you risk losing part (or all) of your claim/response
  • Dealing with Interlocutory Applications – This is a provisional decision given during the course of a legal action

The following work is not included in the cost estimates above:

  • Any appeals
  • Attendance at a Tribunal Hearing
  • Disbursements
  • Mediation/Settlement Meetings
  • Advising on or pursuing separate grievance procedures on your part

Attendance at a Tribunal Hearing

There will be an additional charge for attending a Tribunal Hearing of approximately £1,500 per day (excluding VAT at of 20%). Generally, we would allow 1 – 4 days depending on the complexity of your case.

Disbursements

Disbursements are costs related to your matter that are payable to third parties such as Barrister fees. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Barrister fees are estimated between £1,500 and £2,500 per day (depending on experience of the advocate) for attending a straight forward Tribunal Hearing which includes preparation. Whether VAT is payable depends on the barrister instructed.

How long will the matter take?

The time 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 a pre-claim conciliation, your case is likely to take 2 – 6 months. If your claim proceeds to a Final Hearing, your case is likely to take approximately 12 months. 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.

Our employment team consists of qualified solicitors ranging from 1 year post qualification to over 20 years’ experience. The team is supervised by Andrew McCusker, Senior Partner of the firm and a Solicitor since 1992.

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