Employment Law – Fees Structure

Unfair dismissal

We set out below our estimates of costs involved in an unfair/wrongful dismissal case in the Employment Tribunal. Please note that these costs will be dependent upon the complexity of the case including the number of witnesses involved and the legal issues.

The estimates are for only unfair/wrongful dismissal and if a discrimination claim is involved then they will be higher. These estimates are based on the case going to a Final Hearing and will be less if a settlement can be reached prior to that.

Simple cases: £1,500 to £2,500 (excluding VAT)

Medium complexity cases £2,500-£3,500 (excluding VAT)

Higher complexity cases £3,500-£5,000 (excluding VAT)

There will be additional charge for attending the Tribunal Hearing of between £1,000-£1,500 per day (excluding VAT) depending upon the experience of the advocate. (NB nearly all unfair/wrongful dismissal cases are heard in one to two days.

These 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
  • Reviewing and advising you on the claim or response from the other party
  • Exploring settlement negotiations settlement throughout the process
  • Preparing or considering schedule of loss
  • Preparing for and attending any preliminary hearing
  • Exchanging documents with the party in 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
  • Preparation and attendance at the Final Hearing Including any Instructions to the 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 before a hearing is scheduled and as stated above unfair/wrongful dismissal claims are normally dealt with in 1 or 2 days.

Damaged Based Agreements

For claimants (employees) we may be able to offer a no win no fee agreement. If successful we will take 35% of any damages awarded (inclusive of VAT). However, there will still be a fee for the advocate attending a Final Hearing (see above).

To assess whether the claim has sufficient merit for us to offer such an agreement then we undertake a preliminary interview for which we charge £300 plus VAT. We would then be normally in a position to make an offer of a no win no fee agreement if we believe that the merits are strong enough and that’s the potential damages that could be recovered will be sufficient to cover our costs.

Alternative funding

You may have insurance cover for costs in the Employment Tribunal and you should check any policies that you have. In addition, if you are an employee then you may receive free legal advice from your Trade Union if you are a member.