Costs Information - Employment tribunals (claims for unfair or wrongful dismissal)

All solicitors regulated by the Solicitors Regulation Authority have been required since December 2018 to prominently publish price and service information on their websites, in the interests of safeguarding the interests of the consumer.  Our firm has, since its inception in 2009, worked on the basis of providing our clients with clear quotations giving our best fee estimates, so we welcome this added safeguard for our clients and consumers in general.  We know that each transaction is different and “one size does not fit all”.  Please contact us in order to discuss your matter and receive a quotation.

The majority of unfair dismissal claims are charged based on the actual time which is spent on the matter.  As you will appreciate the costs involved in dealing with an individual’s matter will depend on the level of complexity.  For example, claims brought within unfair dismissal/wrongful dismissal which include an element of discrimination will increase the complexity and therefore the likely cost of bringing such a claim.

If you are considering pursuing an employment matter you should consider whether you have any funding options available to you (for example suitable insurance cover) before you instruct a firm of solicitors.  Further, you may consider https://www.legalchoices.org.uk/ a useful source of information and guidance.

Matters proceeding to Tribunal vary cost wise owing to the individual nature of each claim and again due to differing levels of complexity. Simple tribunal matters will cost less than more complex matters. Aspects which will increase complexity and therefore cost to unfair dismissal claims proceeding to Tribunal include those claims where:

• it becomes necessary to make of defend applications to amend claims or to provide further information about an existing claim
• the claim is against a litigant in person
• we are required to make or defend a costs application
• there are complex preliminary issues such as whether the claimant is disabled (if the same cannot be agreed by both parties)
• there are a number of witnesses
• the claim is for an automatic unfair dismissal
• there are allegations that discrimination has been linked to the dismissal

The person dealing with or supervising your matter will be a solicitor of at least one-year post qualification experience.  The hourly rate for solicitors is currently £195 + VAT per hour and all work is over seen by a partner of at least three years’ experience.  The partner’s current hourly rate is £250 + VAT per hour.  Attendance at a Tribunal Hearing will be based on the hourly rate.

Here are some examples of employment fee quotes you can expect in a selection of situations: –

1. Paul thinks he has been unfairly dismissed.  Paul would like some further information in respect of the situation and an opinion on whether his claim would be successful in a Tribunal.  Paul meets with a solicitor who confirms Paul’s next steps.  Paul considers that he is able to complete these next steps alone and does not require any further assistance.  In this situation Paul would pay for an initial consultation at a discounted cost of £150 + VAT.

2. Paul believes he has been unfairly dismissed.  Paul sees a solicitor and would like the solicitor’s assistance in drafting an appeal to his dismissal.  The solicitor’s fee for the initial appointment will be discounted to £150 + VAT and it is likely that drafting the disciplinary appeal will take 3 hours at the hourly rate of £195 + VAT totalling £735 + VAT.

3. Paul thinks he has been unfairly dismissed.  He attends on initial consultation and requires further assistance in taking his matter through the Tribunal systems.  Although all efforts have been made to reach a settlement prior to the Tribunal the parties cannot agree and the matter is put before a Tribunal including one judge for a 1-day hearing.  In this situation Paul would be required to pay money on account at different points throughout the transaction as it progresses.  In total Paul is likely to pay £10,000 + VAT in solicitor’s fees. And £3,000-£5,000 + VAT in barristers fees.

4. Paul think he has been unfairly dismissed. He attends an initial consultation. At the consultation it transpires that the claim Paul has against his employer has a number of elements which complicate matters including a claim for discrimination. Paul decides that he would like further assistance in respect of taking his claim to a Tribunal. Although all efforts are made to reach a settlement prior to the Tribunal the parties account agree and the matter is put before a Tribunal for a 3 days hearing. In this situation Paul would be required to pay money on account at different points throughout the transaction as it progresses. In total Paul is likely to pay £15,000 + VAT in solicitor’s fees and £5000-£7000 + Vat in barristers fees.

Please find below examples of work required to prepare for a Tribunal Final Hearing:

• 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

As you can see each scenario is very different and the level of complexity of each situation will determine the overall cost of the transaction.  Our solicitors are always happy to discuss these matters with clients over the phone prior to booking an initial meeting and telephone us on 0800 987 8156 in order to talk to one of our solicitors.