It is often difficult to give a very accurate estimate of the amount of legal advice and assistance that will be required. Each case is different and has varying levels of complexity.
We can provide you with a more precise indication of costs when we have the full information about your case.
Defending claims for unfair or wrongful dismissal, cost estimates
Simple case: from £5,000 to £10,000 plus VAT
Medium complexity case: from £10,000 to £15,000 plus VAT
High complexity case: from £15,000 to £30,000 plus VAT, upwards
The estimates are based on an hourly charging rate of £260 plus VAT. It is difficult to be more precise, as each case is different. However, in our experience, the majority of claims settle before the final hearing.
Our fee estimates above, are made on the basis that there is 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 it 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 of the Claimant’s claim (this is likely to be revisited throughout the matter and subject to change);
Engaging with pre-claim conciliation to explore whether a settlement can be reached;
Preparing response;
Reviewing and advising on a claim from another party;
Exploring settlement and negotiating settlement throughout the process;
Considering claimant’s 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 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 an indication only, and if some of 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.
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 all the way to a Final Hearing, your case is likely to take roughly 6-9 months. This is only 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.
Pricing Information
Clear Pricing Information for Employees – regarding Unfair and Wrongful Dismissal claims
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 £260 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.
The pricing and costs information below relates to uncontested estates (ie estates where there are no disputes, or claims anticipated under the provisions of the Inheritance (Provision for Family and Dependents) Act 1975), and where all of the assets belonging to the deceased person are in the UK.
The majority of the estate administration cases where a grant of representation is necessary (and we handle the full process) fall within a fee range of between £3,000 and £8,000 plus VAT.
The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.
All of which are based on hourly charging rates of between £130-£260 depending on qualification.
Estate administration – Grant of Probate not required
An example of this might be where the estate is very simple comprising up to 5 bank accounts with balances of under £5,000.
Range of costs – £500-£750 + VAT
Estate Administration where no tax is payable
Range of costs – £3,000-£6,000 + VAT
This is for estates where:
There is a valid will
There is no more than one property
There are no more than 5 bank or building society accounts
There are no other intangible assets (i.e. assets which are not physical in nature such as trademarks and copyrights)
There are no more than 5 beneficiaries, whose whereabouts is known.
There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
The assets are all UK assets
There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
There are no claims made against the estate
Estate administration where inheritance tax is payable
Range of Costs – £6,000-£8,000 + VAT
This is for estates as above at 2, but inheritance tax is payable and a full account is required to be submitted to HMRC.
Disbursements
Disbursements are costs related to your matter that are payable to third parties, such as court fees.
The following disbursements are payable:
£150-£200 statutory advertisements which protect against unexpected claims from unknown creditors.
Bankruptcy-only Land Charges Department searches (£2 plus VAT per beneficiary)
In addition, where a grant is required:
Probate application fee of £155
We will:
Provide you with a dedicated member of our estate administration team to work on your matter
Identify the legally appointed executors or administrators and beneficiaries
Accurately identify the type of Probate application (if any) you will require
Assemble details of all assets owned at death and obtain any necessary valuations.
Assemble details of any liabilities due at death, including funeral expenses.
Assess whether any inheritance tax is payable and, if necessary, deal with the requirements of HMRC “Inheritance Tax Section” before making an application for a Grant of Representation.
Prepare all documents in support of an application for the Grant of Representation.
On receipt of the Grant of Representation, collect in all assets and settle any liabilities.
Finalise matters with HMRC in respect of the inheritance tax position and obtain tax clearance.
Distribute the estate in accordance with the law and the terms of the Will and prepare a full estate account.
Potential additional costs
If there is no will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
If any additional copies of the grant are required, they will cost £1 per asset usually.
Dealing with the sale or transfer of any property in the estate is not included but we can call on the expertise of our property team to deal with this, and they will be able to provide you with a costs estimate.
Inheritance tax. If inheritance tax is payable we will calculate this based on the value of the estate and any allowances or exemptions that may apply. You may want to visit the HMRC website at https://www.gov.uk/inheritance-tax for more information about inheritance tax and how it is applied.
How long will this take?
Most relatively straightforward estates are dealt with within three to nine months from the date on which we receive all of the available estate information. Typically, obtaining the grant of probate takes eight to ten weeks. Collecting assets then follows, which can take between three to six weeks from the date on which the grant of probate is received. Once this has been done, we can distribute the assets; which normally takes two to four weeks.
Circumstances which would result in a delay or an extension of these timeframes:
difficulty in identifying or locating all of the assets relevant to the estate;
locating missing beneficiaries;
dealing with extended enquiries from HM Revenue and Customs in relation to Inheritance Tax, Capital Gains Tax or Income Tax;
the marketing and sale of a property (or properties) that form part of the estate;
enquiries from the Department of Work and Pensions in relation to benefit payments made to the deceased person during their lifetime.
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