Employment (unfair and wrongful dismissal) fees

We understand that pricing transparency and certainty regarding legal costs is important to our clients. Part of our commitment to strategic advice includes carrying out a cost benefit analysis on litigation matters. We offer a range of fee models, but do not undertake work on a “no-win, no-fee” basis.

We are required by the Solicitors Regulation Authority Transparency Rules to publish information on the cost of bringing or defending an unfair or wrongful dismissal claim. The below is a generic example of our fees in relation to these matters. We would be happy to discuss the details of your matter in order to provide a more bespoke fee estimate.

Unfair or wrongful dismissal fee estimate

No case is exactly the same and our fees will reflect the particular circumstances of your case. For example if you are bringing a claim and it is undefended then the matter will be far more straightforward than a heavily contested case where there are a number of witnesses. Similarly if you are defending a claim, how long the matter may take will largely depend upon the particular circumstances, including the complexity of the facts and the number of witnesses.

In a straightforward wrongful dismissal or undefended unfair dismissal case where the matter is handled by an Associate Solicitor, we estimate that our fees would be between £12,000 to £20,000 +VAT.

In a more complex wrongful dismissal claim or a defended, but straightforward unfair dismissal claim handled by an Associate Solicitor we would estimate that our fees would range from £25,000 to £40,000.

These estimates are based on the below hourly rates:

Solicitor – £225 +VAT

Associate Solicitor – £250 +VAT

Senior Associate Solicitor – £325 +VAT

Partner – £400 +VAT

VAT

The costs would be subject to VAT which is presently 20%

Factors that could make a case more complex include:

  • If it is necessary to make or defend applications to amend claims or to provide further information about an existing claim
  • Defending claims that are brought by litigants in person
  • Making or defending a costs application
  • Complex preliminary issues such as whether the claimant is disabled (if this is not agreed by the parties)
  • The number of witnesses and documents
  • If it is an automatic unfair dismissal claim e.g. if you are dismissed after blowing the whistle on your employer
  • Allegations of discrimination which are linked to the dismissal

The more complex the case, the greater the number of witnesses who may be involved and, therefore, the longer the hearing will generally be. There will be an additional charge for attending a Tribunal Hearing of between £1200 to £2400 depending on whether your claim is listed for half a day or a full day (excluding VAT). As a general rule a simple wrongful dismissal claim would usually be listed for half a day and a straightforward unfair dismissal claim would be listed for one day.

Disbursements

Disbursements are costs related to your matter that are payable to third parties. We handle the payment of the disbursements on your behalf to ensure a smoother process.

Counsel’s fees will largely depend upon the seniority of the barrister and are estimated at between £1,500 to £5,000 plus VAT for attending a single day hearing (including preparation).

Key stages

The fees set out above cover all of the work in relation to the following key stages of a claim, including but not limited to;

  • 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 pre-claim conciliation where this is mandatory to explore whether a settlement can be reached;
  • Preparing the claim form or response;
  • Reviewing and advising on the claim or 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
  • Considering disclosure documents
  • Exchanging documents with the other party and agreeing a bundle of documents
  • Taking witness statements, drafting statements and agreeing their content with witnesses
  • Preparing the bundle of documents
  • Reviewing and advising on the other party’s witness statements
  • Agreeing a list of issues, a chronology and/or cast list
  • Preparation and attendance at Final Hearing, including instructions to Counsel

The stages set out above are an indication and if some of stages above are not required, or, for example, there are fewer documents or witnesses, the fee will be reduced. .

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 pre-claim conciliation, your case is likely to take 4 – 6 weeks. If your claim proceeds to a merits hearing, your case is likely to take 6 – 12 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.