Our pricing estimates for bringing a claim for unfair or wrongful dismissal, if the claim proceeds all the way to a final hearing:
Simple case: from £5,000 to £7,000 plus VAT
Medium complexity case: from £7,000 to £10,000 plus VAT
High complexity case (e.g. discrimination, whistleblowing): £10,000 upwards plus VAT
The estimates are based on an hourly charging rate of £230 plus VAT. It is difficult to be more precise as each case is different. However, in our experience, the majority of claims settle before trial.
Our fee estimates above, are made on the basis that you have no claim other than a Wrongful or Unfair Dismissal claim e.g. an additional discrimination claim. If there are other claims being made, the estimates are likely to increase. We can, of course, provide a revised estimate if that is the situation.
Please note, you will not be able to obtain these costs back from the other side, even if you are successful. It is only on rare occasions that an Employment Tribunal will award a costs order against a party. This is an important consideration. We often provide initial advice to employees at the start of the matter.
Factors that could make a case more complex:
- If it is necessary to make an application to amend the claim or to provide further information about an existing claim;
- Making or defending a costs application;
- If expert evidence is required;
- The number of witnesses and documents;
- If the claim is an automatic unfair dismissal claim; and
- Allegations of discrimination which are linked to the dismissal.
Disbursements
Disbursements are costs related to your matter that are payable to third parties. There are no longer any Employment Tribunal fees to pay (such as a fee for starting a claim or hearing fees).
At a final hearing of the case before an Employment Tribunal, you may need to use the services of a barrister (often referred to as Counsel). Counsel’s fees range from around £750 plus VAT to around £1000 plus VAT per day (depending on experience) for attending a Tribunal Hearing.
Counsel could be required earlier in the case, and we would discuss the need with you. He/she would charge at an hourly rate and we would always obtain a fee estimate for the work before instructing the barrister.
Key stages
The fees set out above cover all of the work in relation to the following key stages of a claim:
- Taking your initial instructions, reviewing the papers and advising you on merits and likely compensation (this is likely to be revisited throughout the matter and subject to change);
- Entering into early conciliation to explore whether a settlement can be reached;
- Preparing the claim;
- Reviewing and advising on the response from other party;
- Exploring settlement and negotiating settlement throughout the process;
- Preparing or considering a schedule of loss;
- Preparing for and attending a Preliminary Hearing;
- Exchanging documents with the other party and agreeing a bundle of documents;
- Taking witness statements, drafting statements and agreeing their content with witnesses;
- Preparing a bundle of documents;
- Reviewing and advising on the other party’s witness statements;
- Agreeing a list of issues, a chronology and/or cast list; and
- Preparation for Final Hearing, including instructions to Counsel to represent you at the Tribunal.
The stages set out above are only an indication and if some of the stages above are not required, the fee will be reduced. You may wish to handle the claim yourself and only have our advice in relation to some of the stages. This can also be arranged based on your individual needs.
How long will my matter take?
The time that it takes from taking your initial instructions to the final resolution of your matter depends largely on the stage at which your case is resolved. If a settlement is reached during early conciliation, your case is likely to be resolved within 2-4 weeks. If your claim cannot be settled and proceeds to a Final Hearing, your case is likely to take 6-9 months. This is just an estimate and we will of course be able to give you a more accurate timescale once we have more information and as the matter progresses.
