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Employment - Employer

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Employment Claims – Range of Costs for defending Wrongful or Unfair Dismissal Claims (Employer)

The attached information outlines the costs and information about the provision of advice and representation to employers in relation to defending a claim for unfair dismissal or wrongful dismissal.

You may have legal expenses insurance cover which may cover all or part of your legal fees in an Employment Tribunal claim, please always check this first.

Generally, in the Employment Tribunal each party is responsible for their own costs, save for in exceptional circumstances.

The Employment Team’s Hourly Rates

Level	Hourly charge rate	Hourly charge rate (including 20% VAT)
Partner	£350.00	£420.00
Solicitor	£260.00-£275.00	£312.00-£330.00
Trainee Solicitor	£165.00	£198.00

We charge for the work that we do on an hourly rate. As you will see above, the hourly rate charged will depend on the member of the Team that is assisting you. When we first take instructions from you, we will discuss with you what level of seniority we think is appropriate for your case. It is normal practice that various team members will be involved in your case at different stages to ensure that our service is as cost effective as possible.

The Employment Team can be viewed here.

Overview of pricing for defending claims for unfair or wrongful dismissal:

Level	Estimate excluding VAT	Estimate including 20% VAT
Simple case	£7,500.00-£12,500.00	£9,000.00-£15,000.00
Medium complexity case	£12,500.00-£20,000.00	£15,000.00-£24,000.00
High complexity case	£20,000.00-£45,000.00	£24,000.00-£54,000.00

Basis of charges – what increases the complexity of a case?

Legal fees for employment tribunal claims very greatly depending on a number of factors such as:

the complexity of the factual matrix ,
The number of parties and witnesses involved
whether or not the opposing side are legally represented.
Whether it is necessary to make or defend applications, such as to amend the claim or provide further information
The number of documents
Whether the claim involves automatic unfair dismissal i.e. a dismissal following making a protected disclosure (blowing the whistle)
Whether the claim involves allegations of discrimination
If costs applications are necessary

In addition to the above fees, there would normally be an additional charge of £1000.00 to £1,500.00 (excluding VAT, charged at 20%) for attending a Tribunal Hearing. Simple Cases are normally 1-2 days, medium complexity cases are normally 2-3 days. Complex cases are normally over 3 days. We would discuss this with you in advance of any hearing.

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An overview of the various stages of a claim are as follow:

Taking your initial instructions, reviewing papers, general advice on next steps and discussions around resolution (which will be reviewed during the course of the matter and will likely change during the course of the litigation)
Engaging with mandatory ACAS Early Conciliation and exploring settlement
Reviewing the Claimant’s ET1 (claim form) and Particulars of Claim.
Preparing and issuing your Response and ET3 (your Defence/ Response form)
Preparing a counter schedule of loss
Exploring settlement throughout the course of the matter
Preparing for an attending preliminary hearing
Reviewing and preparing documents for disclosure.
Reviewing documents, and preparing bundle of documents for hearing.
Taking and drafting witness statements, agreeing with witnesses and exchanging with other side.
Reviewing and advising on Claimant’s witness statements
Agreeing list of issues and chronology and cast list
Preparation for final hearing and instructing Counsel.

When you instruct us we will provide a detailed breakdown of our charges at various stages. An example of how we set out our fees can be seen here.
Please note that the stages that we have set out above are an indication and not all stages may be necessary. If that is the case then your fees will be reduced, likewise your fee will be reduced if you decide to handle some stages yourself. We can tailor our advice to your specific needs.

Additional costs – known as Disbursements

There may be other costs on top. These are fees and charges we will need to pay on your behalf to third parties as part of the process, such as counsel’s fees, expert witness fees.
Counsel’s fees are likely to be in the region of £2,500 to £3500 + 20% VAT per day (including preparation) where relevant. However, please note this will vary based on your selection of Counsel and the number of days’ Hearing. We will obtain quotes prior to instructing Counsel.
Depending on the outcome of the hearing, in normal cases each party will pay their own costs.
Our fees do not include any external costs and charges that may be incurred as part of the process (e.g. damages, fines, penalties or other liabilities). You will also be responsible for these items.

Timing:

The time is takes to conclude your claim will depend on a range of factors. If your claim is settled when we contact ACAS Early Conciliation, then the issue may be resolved within 1-2 months of your first instruction. If your claim proceeds to a final hearing, it is possible that your case will take 1-2 years to resolve. This is an estimate and will depend on a range of factors, such as court time, but we will provide further information as the matter progresses.