01 August 2020 will see the start of some of the most significant changes to the Coronavirus Job Retention Scheme (“Scheme”). From 01 August 2020, the level of Government grant will reduce and the reduction will continue each month until the end...
This guide deals with our pricing for bringing and defending claims for unfair or wrongful dismissal in an Employment Tribunal in England and Wales.
Simple case: £4,500 - £6,000 (plus VAT of £900 to £1,200)
Medium complexity case: £6,000 - £10,000 (plus VAT of £1,200 to £2,000)
High complexity case: £10,000 - £15,000 (plus VAT of £2,000 to £3,000)
Factors that could make a case more complex:
- 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
- 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
There will be an additional charge for Counsel to attend a Tribunal Hearing (set out below under the ‘Disbursements’ heading). Generally, we would allow 1-3 days depending on the complexity of your case.
Disbursements are costs related to your matter that are payable to third parties, such as court fees. We handle the payment of the disbursements on your behalf to ensure a smoother process. If we are required to pay a disbursement on your behalf, then we may ask for payment of that disbursement on account (up front).
Counsel's fees are estimated between £750 - £1,000 plus 20% VAT of £150 to £200 per day (depending on experience of the advocate) for attending a Tribunal Hearing. There may also be a fee for preparing for the hearing in the region of £1,500 - £3,000 plus 20% VAT of £300 to £600 depending on the experience of the advocate and complexity of the case.
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
*In some complex or high value cases we may instruct Counsel to prepare the claim on your behalf.
The stages set out above are an indication and if some of stages above are not required (for instance if Counsel is instructed to prepare the case), the fee will be reduced. 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.
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, your case is likely to take 6-8 weeks. If your claim proceeds to a Final Hearing, your case is likely to take circa 26 weeks. This is just an estimate and depends on the workload of the particular Tribunal office dealing with the matter, and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
Other ways of funding your case
In some instances, we may consider, at our discretion, that it is appropriate to fund your case via a Conditional Fee Agreement (CFA) or a Damages Based Agreement (DBA), often referred to as “no win, no fee”.
We may consider these methods to fund your case after we have conducted an initial review of your case. If we consider your case may be suitable for a CFA or DBA and we are willing to offer one of these funding options, we will provide you with additional information on how the CFA or DBA works.
For cases run on a DBA funding basis, there is a maximum deduction of 35% which is governed in accordance with the Damages Based Agreement Regulations 2013.
Clients are only liable for our fees in these circumstances:
Where we have acted for you under the agreement and you end the agreement where:
- You have secured a settlement or obtained a successful judgment;
- Your opponent admits liability;
- It is within a week of final hearing and you end the agreement; or
- It is deemed that as the client you behaved unreasonably (i.e. rejecting a reasonable offer of settlement or failing to co-operate regarding orders of the tribunal).
Your matter will be dealt with by Stephen Poyner who has over 20 years' experience as a solicitor.