Employment Law – Fee Structure for Employers

Unfair dismissal

Below are our estimates of costs involved in responding to and defending an unfair/wrongful dismissal claim in the Employment Tribunal on behalf of an employer.

Please note that these costs will be dependent upon the complexity of the case including the number of witnesses involved and the legal issues involved.

The estimates are only in respect of a claim for unfair/wrongful dismissal. If there are other claims involved, such as a discrimination claim, our fees will be higher. These estimates are based on the case progressing to a Final Hearing and our fees will be less if a settlement can be reached prior to the final hearing going ahead.

Simple cases: £3,000 to £5,000 (excluding VAT)

Medium complexity cases £5,000 – £7,500 (excluding VAT)

Higher complexity cases £7,500 – £10,000 (excluding VAT)

 

There will be additional charges for instructing counsel to attend the Tribunal Hearing to represent you, of between £1,000-£5,000 per day (excluding VAT) depending upon the experience of the advocate.

 

In our experience, most unfair or wrongful dismissal claims are heard in one to two days by the Tribunal, yet if a case is particularly detailed the final hearing can be much longer.

 

Our fees include:

  • Taking your initial instructions, reviewing papers and advising you on the merits of the case (this is likely to be revisited throughout the matter and subject to change);
  • Preparing the claim or response to the claim;
  • Reviewing and advising you on the claim or response from the other party;
  • Exploring settlement negotiations and revisiting the possibility of settlement throughout the process;
  • Preparing or considering the schedule of loss;
  • Preparing for and attending any preliminary hearing;
  • Exchanging documents with the party further to agreeing the bundle of documents;
  • Taking witness statements and agreeing their content with witnesses;
  • Reviewing and advising on the other party’s witness statements;
  • Agreeing a list of issues, chronology and/or cast list; and
  • Preparation for the Final Hearing, including identifying an appropriate counsel, and any instructions to that advocate.

 

The stages set out above are an indication only and some of the stages may not be required. You may also wish to handle the claim yourself and only have advice in relation to some of the stages and this can also be arranged to fit your individual needs.

 

How long will the case last?

This will be dependent upon whether a settlement can be negotiated at any time throughout the case. If the claim proceeds to a Final Hearing, at the moment, there will be delay of several months or possibly up to two years in some areas, before a final hearing is scheduled and as stated above unfair/wrongful dismissal claims are normally dealt with in 1 or 2 days.

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