There is a requirement that all firms regulated by the Solicitors Regulation Authority should publish details about their prices for certain services provided. This is to enable clients to better understand what will be involved so that they can make an informed decision. The rules apply more specifically to claims issued at an employment tribunal for unfair and wrongful dismissal. However, we always endeavour to be as transparent as possible when discussing an employment matter.
When a claim is issued at an employment tribunal, there are various stages of process leading up to the hearing, during which a case might be settled. We are currently recognising an increase in claims with the result that a hearing may not be listed for several months.
The various stages, by way of general overview, when seeking advice in respect of an employment tribunal will be as follows:
- the potential action will be discussed, both in terms of merit and likely compensation
entering into ACAS early conciliation to explore settlement, which is a mandatory requirement - to prepare and assist with the preparation of a claim or a defence
- to calculate the schedule of loss required once a claim has been issued, outlining the potential value of a claim
- to assist with the preparation of any preliminary hearing should the employment tribunal require
- to discuss and disclose all relevant documents with a view to preparing a joint bundle of documents for use at an employment tribunal
- to take statements of all relevant witnesses
- agreeing a list of issues, chronology and/or cast list
preparatory work and to arrange to attend any final hearing including the instruction of Counsel to represent
There may also be additional stages, for example, obtaining a medical report.
As stated above, it can be extremely difficult to provide accurate costs information without an initial assessment being undertaken as cases can vary considerably. However, we set out the following guidance:
Simple case: £5,000 – £9,000 (excluding VAT)
Medium complexity case: £9,000 – £15,000 (excluding VAT)
High complexity case: £15,000 – £25,000 (excluding VAT)
The latter band is for significantly more complex cases and subject to variation. Cases will be conducted by an experienced solicitor and counsel (the latter where instructed).
Factors that could amount to more complex are as follows:
- submitting applications to amend the claim or defence
- defending claims brought by litigants in person
- making or defending a costs application
- complex preliminary issues, for example, determining whether the claimant is disabled (if not agreed by the parties)
- the number of documents and witnesses
- if it is an automatic unfair dismissal claim, for example, by reason of whistleblowing
- allegations of discrimination associated to the dismissal
Disbursements
Disbursements are associated costs which are payable to third parties, for example, a medical report or counsels’ fees. Counsel will assess their fees on an individual case by case basis, however, we find that (subject to the complexity of the case), preparatory work and attendance of the first day of hearing can be in the region of £1,500 to £3,000 plus VAT and thereafter a daily rate of between £800 to £1,250 plus VAT, depending on their year of call and experience. Payment of their fees are payable upon receipt of invoice.
Additional claims
It can often be the case that there are additional claims, for example, discrimination and this may affect the costs information provided. We will, of course, discuss costs with you.
Funding options
We will discuss with you all potential funding options to enable you to make an informed decision as to what is the best option for you.
Timescales for your claim
It can be difficult to estimate how long it will take to conclude a case as this will depend on how complex it is and how many days the claim is listed for at an Employment Tribunal. We are finding that it can take in the region of 12-18 months (sometimes more for longer hearings) for a claim to be listed for a final hearing. This is also subject to judicial availability. A more clear estimate of time can be provided once we have more information and as the case progresses. Your claim will be handled by a Solicitor with at least 18 years’ experience.
If you would like further information in respect of information relating to our costs, please do not hesitate to contact us.