If the employer and employee reach settlement of a claim the employer may request that the employee enters into a written Settlement Agreement. The employee will need to obtain independent legal advice on the terms of the Settlement Agreement.
|Settlement Agreement||Scope of Work||Estimated Charges|
|Acting for Employer||For preparing a Settlement Agreement, to include liaising with the employee (or their solicitors) and making minor amendments||£500 – £750 plus VAT|
|Acting for Employee||Independent legal advice for an employee on the terms of a Settlement Agreement||£250 – £600 plus VAT |
i.e. normally limited to the employer’s contribution with no additional cost to the employee.
If there are prolonged negotiations or additional complications we will discuss any further anticipated additional charges before further work is undertaken.
Bringing or defending employment claims
Below you will find pricing information for employers or employees involved in an Employment Tribunal Claim.
Unlike many firms who specialise in acting only for employers or only for employees, we have extensive experience of acting for both employers and employees. With that wider perspective, we have a better ability to anticipate and address the issues which will be raised by the person with whom you are in dispute in what is a potentially complex process with a number of key stages.
How Do We Charge?
The fees set out below cover all of the work in relation to the following key stages of an Employment Tribunal Claim:
- Taking your initial instructions, reviewing the papers and advising you on the 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 an agreement can be reached
- Preparing a claim or response from the other party
- Reviewing and advising on a claim or response from other party
- Exploring settlement and negotiating settlement throughout the process
- Preparing for (and attending) a Preliminary Hearing
- Exchanging documents with the other party in agreeing the set of documents to be used in the case
- Taking witness statements, drafting statements and agreeing their content with witnesses
- Preparing bundles of documents
- Reviewing and advising on the other parties witness statements
- Agreeing a list of issues a chronology and/or cast list
- Preparation and attendance at Final Hearing, including instructions to any barrister instructed
The stages set out above are an indication and if some of the stages above are not required, the fees set out below may be lower alternatively, you may wish to represent yourself and only need advice in relation to some aspects of the case which can be arranged depending upon your needs
Wrongful Dismissal or Unfair Dismissal
Assuming that a case proceeds to a full Hearing in the Tribunal (for one day only) is as follows
|Scope of Work||Initial Advice Fee (Inclusive of VAT)||Advice Without Representation (plus VAT)||Advice With Full Representation (plus VAT)|
|Simple Case||£90||£500 – £4,000||£5,000 – £10,000|
|Medium Complexity Case||£90||£1,000 – £6,000||£10,000 – £20,000|
|High Complexity Case||£90||Not applicable||£20,000 – £50,000|
The Initial Advice Fee
Our Initial Advice Fee provides opportunity to review the merits of the matter and advise via a one-hour fixed fee meeting for £90 including VAT.
We will then give you an estimate for the work to be done. If appropriate, we will offer you a fixed fee for a fixed amount of work.
What Makes A Case More Complex?
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 are brought by litigants in person
- Making or defending an application regarding legal costs
- Complex preliminary issues such a whether a claimant is disabled, if this is not agreed already by the parties
- A large volume of documents
- A large number of witnesses
- Dismissal after blowing the whistle on your employer
- Allegations of discrimination that are linked to the dismissal
- Addressing preliminary issues that might be raised by the claimant with the matter has not agreed
- The compensation in issue
Where the case is listed for more than one day for the full Hearing, the overall costs would in all likelihood exceed the top end of the High Complexity Case range cited above.
We may propose the engagement of a barrister to present your case at the hearing. As an estimate their fees will range from between £2000 – £4000 per day depending upon the type and experience of the barrister and the issues which are relevant to your case
Disbursements are cost related to your matter that the payable to 3rd parties. There are currently no Tribunal fees payable in relation to Employment Tribunal proceedings and disbursements are likely to be limited to travelling costs, costs related to the production of documentation for Tribunal hearings or for experts, if required. We charge a Case Management fee of £20 plus VAT (i.e. £24.00 per matter at the outset).
We may ask you for money on account of disbursements in advance of incurring them.
How Long Will My Matter Take?
If settlement is reached during pre-claim conciliation, your case is likely to take 2 – 6 weeks to resolve.
If there is a Tribunal Hearing, your case could take 6 – 18 months to conclude. It’s important to emphasise these are just estimates and they can be heavily influenced by how busy the Employment Tribunal system is and when it is able to schedule your case for a hearing, as well as the availability of witnesses. We will, of course, he able to give you a more accurate timescale once we have more information and as the matter progresses.
Who Will Be Advising You?
Matters will be handled by an appropriate member of our Employment law team under the supervision of a Senior Solicitor or a Director.