Our team has a combined experience in excess of 50 years in delivering high quality client services relating to all aspects of employment law which can also include matters more commonly heard in the Civil Courts (rather than Employment Tribunals) e.g. substantive breach of contract claims (i.e. in excess of £20,000.00) and claims to enforce post termination restrictive covenants by way of proceedings for damages and/or injunction (or to resist the same).
Our Employment Law/Litigation Law Team
- Renzo Paganuzzi (Senior Solicitor) – charge out rate £285.00 per hour plus VAT
- Dharmesh Bhula (Associate Solicitor) – charge out rate £275.00 per hour plus VAT
Our pricing for bringing and defending Claims limited to Unfair and/or Wrongful Dismissal Claims only
Simple case: £3,750.00 - £9,000.00 (plus VAT) (excluding attendances at Trial and any subsequent Hearings – see below)
Medium complexity case: £9,000.00 - £19,000.00 (plus VAT) (excluding attendances at Trial and any subsequent Hearings – see below)
High complexity case: £19,000.00 - £40,000.00 (plus VAT) (excluding attendances at Trial and any subsequent Hearings – see below)
These estimates do not include work undertaken in respect of any post trial matter (e.g. making or defending any post trial Costs Applications or any review of Judgment or any Appeal). Further estimates in relation to any post trial work will be discussed and agreed with you as appropriate.
Factors that could affect the complexity of the case
Such factors include:-
- Claims for Unfair Dismissal and Wrongful Dismissal are more likely to be medium or high complexity cases;
- If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim;
- Applying for or opposing any application including any applications for adjournments or postponements of the Trial;
- The possible amount of any award if the claim succeeds;
- Defending claims that are brought by Litigants in Person;
- Making or defending any pre-trial costs application;
- Issues in respect of mitigation and/or contributory conduct;
- Dealing with any preliminary issues such as whether the claim was brought in time or whether the Employment Tribunal has jurisdiction to hear the case or whether the claimant is disabled (if this is not agreed by the parties).
- Dealing with unwilling witnesses or witnesses who no longer live in England or Wales.
- The number of witnesses and documents;
- Applying for witness orders;
- 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;
- Instructing and/or dealing with experts and their reports (e.g. medical experts).
This list is not exhaustive and is by way of illustration only.
We will also make additional charges for attending a Tribunal hearing of £1,500.00/£2,000.00 per day (excluding VAT).
The complexity of your case will determine the length and timing of the substantive hearing (see below).
Please note that the drafting and/or negotiating of any COT3 or Settlement Agreement is specifically excluded from the key stages and estimates referred to above. Should this work be necessary, an estimate will be discussed and agreed with you at the appropriate point in time.
Disbursements are costs related to your matter that are payable to third parties such as barristers (counsel) fees, experts fees and travelling/hotel expenses. These are not included in the above estimates. We handle the payment of disbursements on your behalf to ensure a smoother process.
Counsel’s fees are estimated to be between £150.00/£350.00 per hour (plus VAT) and £2,000.00/£2,500.00 (plus VAT) for a brief fee in relation to the first day of an Employment Tribunal Hearing and £1,500.00/£2,000.00 plus VAT per day thereafter (known as “refreshers”) in the event of a Hearing lasting more than one day. Counsel’s fees will depend on the experience of the advocate. Counsel may also be used in other aspects of the case (e.g. drafting documents, attending a conference with you etc.). Estimates will be obtained for such work to be undertaken by counsel and discussed and agreed with you at each stage.
The fees set out above cover all of the work to be undertaken by us in relation to the following key stages of the 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 with ACAS where this is mandatory to explore whether a settlement can be reached;
- Preparing a claim or response;
- Reviewing and advising on the 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 including instructing Counsel for Counsel’s attendance at any Preliminary Hearing. Counsel will charge separately for his services in this regard as detailed above;
- Exchanging documents with the other party and agreeing a bundle of documents;
- Taking witness statements, drafting statements and agreeing their content with witnesses;
- Preparing a bundle of documents;
- Reviewing and advising on the other party’s witness statements;
- Preparing for and attending on any conference with Counsel;
- Agreeing a List of Issues, a Chronology and/or a cast list with the other side;
- Preparation and attendance at the Final Hearing including Instructions to Counsel.
The stages set out above are an indication only and if some of the stages above are not required, this will be reflected in our overall fees. Equally, if other work is undertaken which is outside of the key stages, you will be notified and an estimate of these additional costs will be discussed and agreed with you at the appropriate point in time.
How long will my matter 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 with ACAS, your case is likely to take 6-12 weeks (approximately). If your claim proceeds to a full Final Hearing, your case is likely to take between 6-12 months. This is just an estimate. The timing is very much in the hands of the Employment Tribunal particularly with reference to the Final Hearing date. We will of course be able to give you a more accurate timescale once we have more information as the matter progresses.
All work undertaken on your behalf will be supervised by the Head of the firm’s Employment and Employment Dispute Resolution Department who has over 13 years of experience in this field.
Please note that the above is an indication only of the process and costs which may be incurred in progressing and/or defending Unfair Dismissal and/or Wrongful Dismissal claims and is entirely subject to and conditional upon the terms set out and agreed in our Client Care Letter which will be issued at the appropriate point in time.
For the avoidance of doubt, please note that the above only applies in circumstances where we are acting on behalf of a private individual or a business. In all other cases please contact us to discuss the proposed case matter and our proposed charges.