Employment

Employment Law for Employees

 This document is intended to provide a guide as to the likely costs for bringing or defending claims for unfair or wrongful dismissal in the Employment Tribunal

Straightforward case: £5,000-£13,500 plus VAT of £1,000-£2,700 being a one day hearing to consider liability and remedy.

More complex cases: £8,500 – £25,000 or more plus VAT of £2,700-£5,000 for a multi-day hearing to consider liability and remedy.

The complexity of claims and the listing time (i.e. how many days the Employment Tribunal will need to consider the matter will vary according to various factors including but not limited to;

  1. Any arguments relating to the Employment Tribunal’s jurisdiction to hear the claim;
  2. Any arguments relating to limitation;
  3. Whether the other party is represented by Solicitor ;
  4. Whether the claim is brought on one ground or on several alternative grounds;
  5. Whether interim remedies are sought;
  6. Whether the Employment Tribunal requires a preliminary hearing and/or any further case-management hearing
  7. Whether there are allegations of discrimination or whistleblowing
  8. The nature and volume of the evidential documents
  9. The nature and volume of correspondence
  10. Whether any expert evidence is necessary
  11. Whether any interim applications are necessary
  12. Whether any issues can be agreed or narrowed in advance of the hearing
  13. The number of witnesses involved and the nature of their evidence

If your case becomes more complex we will provide you with our updated estimate of costs.

Disbursements

Disbursements are costs related to your matter that are payable to third parties in connection with your case. This can include things payments such as court fees, expert’s fees and Counsel’s fees.

At present there is no Court fee payable to lodge a claim for Unfair or Wrongful Dismissal at the Employment  Tribunal. Whether there are expert’s fees payable will depend on the nature of the case. Expert’s fees can typically range from £2,000.00 to £5,000.00  plus VAT of £400.00-£1,000 Counsel’s fees are estimated at between £1,000.00 to £6,000.00 plus VAT £200.00-£1,200 per day for the preparation of the case and representation at the Employment Tribunal. Counsel’s fees will depend on Counsel’s experience and the location of the hearing.

Key stages

The fees set out above are intended to include all tasks necessary in relation to the preparation of a claim for the Employment Tribunal.

  • Taking your initial instructions, reviewing the documents and advising as to law, procedure and our initial view as to the merits of your case.
  • Advising on mitigation
  • Preparing an initial schedule of loss and updating throughout the life of the case
  • Entering into pre-claim conciliation through ACAS if you have not already done so;
  • Preparing the ET1 Claim and Particulars or ET3 Response and Particulars
  • Reviewing and advising on a claim or response from other party;
  • Considering your opponent’s Statement of Case, meeting with you to advise thereon;
  • Dealing with disclosure, reviewing documents, considering the opponent’s documents and advising as to evidence generally
  • Drafting and preparing witness statements for you and your witnesses and obtaining approval to the same;
  • Considering and advising upon your opponent’s witness statements;
  • Preparing case for final hearing including collating hearing bundles and any other documents required by the Employment Tribunal;
  • Briefing Counsel in respect of final hearing
  • Exploring and advising upon settlement and engaging in negotiations as appropriate throughout the life of the case.

How long does an Employment Tribunal case take?

The length of time an Employment Tribunal case takes to resolve will depend upon the nature of the dispute, the appetite of both parties for settlement and whether it is necessary to issue proceedings. If matters can be resolved pre-issue, we would ordinarily expect your case to be concluded within 2-3 months of being instructed. If Employment Tribunal proceedings are necessary and the case proceeds to a contested hearing, the timetable will largely be governed by the Employment Tribunal’s listing times. It not uncommon for cases to take up to 18 months to reach a final hearing from the date of issue.

 

Employment Law for Employers

 This document is intended to provide a guide as to the likely costs incurred by an employer in defending a claim brought by an employee for unfair or wrongful dismissal in the Employment Tribunal

As a guideline, we estimate the following:

Straightforward case: £5,000-£13,500 plus VAT of £1,000-£2,700 being a one day hearing to consider liability and remedy.

More complex cases: £8,500 – £25,000 or more plus VAT of £2,700-£5,000 for a multi-day hearing to consider liability and remedy.

The complexity of claims and the listing time (i.e. how many days the Employment Tribunal will need to consider the matter) will vary according to a number of factors including but not limited to;

  1. The nature of the claim that is being advanced;
  2. Whether the action is brought by an individual employee or collectively by more than one employee;
  3. Any arguments relating to the Employment Tribunal’s jurisdiction to hear the claim;
  4. Any arguments relating to limitation;
  5. Whether the other party is represented by Solicitor ;
  6. Whether the claim is brought on one ground or on several alternative grounds;
  7. Whether interim remedies are sought;
  8. Whether the Employment Tribunal has made any preliminary orders;
  9. Whether the Employment Tribunal requires a preliminary hearing and/or any further case-management hearing
  10. Whether there are allegations of discrimination or whistleblowing
  11. Whether the allegations involved any regulatory matters
  12. The nature and volume of the evidential documents
  13. The nature and volume of correspondence
  14. Whether any expert evidence is necessary
  15. Whether any interim applications are necessary
  16. Whether any issues can be agreed or narrowed in advance of the hearing
  17. The number of witnesses involved and the nature of their evidence

If your case becomes more complex we will provide you with our updated estimate of costs.

 

Disbursements

Disbursements are costs related to your matter that are payable to third parties in connection with your case. This can include things payments such as court fees, expert’s fees and Counsel’s fees.

At present there are no Court fees payable by an employer defending a claim for unfair or wrongful dismissal in the Employment Tribunal. Whether there are expert’s fees payable will depend on the nature of the case and the Employment Tribunal’s view as to whether expert evidence will assist the determination. If expert evidence is necessary, expert’s fees can typically range from £2,000.00 to £5,000.00 plus VAT of £400.00-£1,000.  Counsel’s fees for representation at a final hearing are estimated at between £1,000.00 to £6,000.00 plus VAT of £200.00-£1,200 per day for the preparation of the case and representation at the Employment Tribunal. Counsel’s fees will depend on Counsel’s experience and the location of the hearing.

Key stages

The fees set out above are intended to include all tasks necessary in relation to the preparation of a claim for the Employment Tribunal.

  • Taking your initial instructions, reviewing the documents and advising as to law, procedure and our initial view as to the merits of the case; assisting with pre-claim conciliation via ACAS if you have not already done so;
  • Considering ET1 Claim and Particulars, considering whether a request for Further Particulars may assist;
  • Drafting ET3 Response and Particulars
  • Advising on mitigation
  • Considering Claimant’s Schedule of Loss and preparing counter-schedule if appropriate;
  • Dealing with Case Management Discussion Hearing – usually by video conference or telephone
  • Dealing with disclosure, reviewing documents, considering the opponent’s documents and advising as to evidence generally
  • Drafting and preparing witness statements for you and your witnesses and obtaining approval to the same;
  • Considering and advising upon your opponent’s witness statements;
  • Preparing case for final hearing including collating hearing bundles and any other documents required by the Employment Tribunal;
  • Briefing Counsel in respect of final hearing
  • Exploring and advising upon settlement and engaging in negotiations as appropriate throughout the life of the case.

 

How long does an Employment Tribunal case take?

The length of time an Employment Tribunal case takes to resolve will depend upon the nature of the dispute, the appetite of both parties for settlement and whether it is necessary to issue proceedings. If matters can be resolved pre-issue, we would ordinarily expect your case to be concluded within 2-3 months of being instructed. If Employment Tribunal proceedings are necessary and the case proceeds to a contested hearing, the timetable will largely be governed by the Employment Tribunal’s listing times. It not uncommon for cases to take up to 18 months to reach a final hearing from the date of issue.

Our staff

Our Employment Department staff and their hourly rates are as follows:

Carys Howells (Solicitor and Director) £201.00 per hour plus VAT of £40.20

Jonathan Webb (Senior Solicitor) £201.00 per hour plus VAT of £40.20

Liana Walters (Trainee Solicitor) £111.00 per hour plus VAT of £22.20

Nia Middleton (Legal Assistant) £111.00 per hour plus VAT of £22.20

Our Employment Department is supported by an able and experienced team of support and administrative staff.