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Employment Tribunal Explained
The outlined fees include the comprehensive range of services provided at various key stages of an Employment Tribunal claim including:
Initial Consultation: This involves receiving your initial instructions, reviewing pertinent documents, and offering advice on the merits of your claim against the business. We will also assess the likely compensation the business may be required to pay in the event of a successful claim. It's important to note that advice on merits and potential compensation is subject to reassessment throughout the proceedings and may change.
Pre-Claim Conciliation: If necessary, we will engage in pre-claim conciliation to explore the possibility of reaching a settlement.
Response Review: We will carefully review and advise on any issues arising from the other party's response to your claim.
Settlement Exploration: Throughout the process, we actively explore and negotiate potential settlements.
Loss Assessment: We will consider the details of your losses, compile them, and draft a comprehensive schedule.
Preliminary Hearings: If required, we will prepare for and attend any preliminary hearings necessary to resolve issues before the main tribunal hearing.
Document Exchange: This includes exchanging documents with the other party and mutually agreeing on a bundle of documents.
Witness Statements: We will take witness statements, draft them, and collaborate with witnesses to agree on their content.
Agreed Bundle of Documents: Preparation of an agreed bundle of documents for use during the tribunal hearing.
Review of Other Party's Statements: We will review and advise you on the witness statements provided by the other party.
Tribunal Hearing Preparation: This involves agreeing on a list of issues, creating a chronology, and preparing a cast list for use at the tribunal hearing.
Final Hearing Attendance: We will prepare for and attend the final hearing, which includes instructing a barrister when necessary.
How long does the process take?
The duration from the start of your case to its ultimate resolution largely hinges on the stage at which a resolution is reached. Should a settlement occur before or shortly after the other party files their response, the case is anticipated to conclude within 6 to 12 weeks. However, if the case advances to a final tribunal hearing, the expected timeline is approximately 6 to 9 months, although it may extend based on the tribunal's schedule. This timeframe is an approximation, and a more precise estimate will be provided as we gather additional information and as the case unfolds.
Employment Tribunal Fees for Individuals
We have set out below our pricing range for bringing claims for unfair or wrongful dismissal. Please note that the pricing does not cover any other type of claim, such as a discrimination claim, which you might need to bring.
We cannot give a definitive cost for this work as it will depend on the complexity of the claim(s) that are being brought by you. However, we have set out below a pricing range which shows you our charges for dealing with a claim from start up to (but not including) hearing according to its complexity:
- Simple Case: £4,500 to £6,000 plus VAT at 20%, considering approximately 15 to 20 hours work.
- Medium Complexity Case: £6,000 to £9,000 plus VAT at 20%, considering approximately 20 to 30 hours work.
- High Complexity Case: £9,000 to £18,000 plus VAT at 20%, considering approximately 30 to 60 hours work.
Our Solicitors hourly rate is £250 plus VAT. VAT will be charged at the standard prevailing rate of 20%.
We may provide you with a fixed fee in specific situations for example dependent upon the merits and complexities of the case and the likelihood of settlement (exclusive of barrister’s fees). Any offer of a fixed fee will be dependent upon the merits and complexities of your legal matter.
We may provide you with a damages-based agreement (‘No Win, No Fee’). The offer of a damages-based agreement will only be made if the merits of your claim have been assessed and it is commercially viable to offer the agreement taking into consideration the merits and value of your claim and the amount of work required in running the claim. A deduction of 35% inclusive of VAT will be made against the value of any successful or settled claim towards our legal fees. If you lose you do not pay anything towards our legal fees. Please note that the damages-based agreement does not cover the cost of a barrister representing you at the Tribunal hearing (see additional costs and disbursements below). You will have to cover the barrister’s costs should your claim not settle, and a barrister represents you at the Tribunal hearing.
If you have legal expenses insurance and your insurers appoint us to represent you all the work may be funded on an agreed hourly rate, however, you may be asked to pay an additional amount on top of the contribution being paid by your insurers if the contribution offered by your insurers is not at a rate agreed with us or if the terms of your policy are only to pay a percentage of fees charged. It is usual for your barrister’s fees to be covered by your insurers, subject always to the terms of your policy.
Factors that could make a case more complex:
- If it is necessary to make or dispute a request to amend your claim or provide further information about an existing claim
- Making or defending a costs application
- Dealing with complex issues before the tribunal hearing such as whether you are an employee (if this is in dispute) or whether the claim has been issued in time
- The number of witnesses and documents. The greater the number of witnesses and the larger the amount of the documents, the more complex the claim
- If it is an automatic unfair dismissal claim, e.g., if you were dismissed after blowing the whistle on your employer
- Allegations of discrimination which are linked to your dismissal
There will be an additional charge if you would like us to attend the tribunal hearing of £1,000 plus VAT at 20%, per day. Generally, we would allow 1 to 3 days attendance depending on the complexity of your claim.
Disbursements are necessary costs related to your matter that are payable to third parties, which we handle on your behalf. A barrister will be instructed to represent you at the tribunal hearing. Barristers are lawyers who specialise in representation at hearings. When a barrister is instructed to represent you at the tribunal hearings there will be an additional cost (Counsel’s fees). Counsel’s fees for an unfair dismissal or wrongful dismissal claim are typically estimated between £1,500 to £3,000 per day plus VAT at 20% depending on the number of years’ experience of the barrister. This cost covers the barrister’s preparation time and attendance at the tribunal hearing.
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