Legal Fee Information for Employment Tribunal Claims

Introduction

We have set out below the issues you need to consider in relation to Legal Fees and disbursements for presenting or defending a claim for unfair or wrongful dismissal.

Our Legal Fees cover all of the work required to handle your case from instruction to conclusion.

Legal Fees

Legal Fees is the amount you will be required to pay for all the work performed by us in actioning your instructions from commencement of your case to conclusion.

  • Our average standard legal fee for presenting or defending a claim for unfair or wrongful dismissal is £4,000 - £6,000 + VAT.
  • If your matter becomes complex (see below) our fees may increase further and we will notify you in advance of any increased costs.
  • Our hourly rate for presenting or defending a claim for unfair or wrongful dismissal is between £350 and £400 + VAT, and will depend on the experience and qualification of your case handler.
  • VAT will be payable on our fees and most disbursements and we will clearly confirm which disbursements carry VAT in our formal quotation or as we advise you to incur them.

If at any stage our fees change, we will notify you and discuss the reason for any changes. This would typically occur if you change your instructions or your case involves an unforeseen complexity

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.

Typical disbursements for unfair or wrong dismissal claims disbursements relate to Counsel's fees estimated between £2,000 to £4,000 per day (depending on experience of the advocate) for attending a Tribunal Hearing (including preparation)

Stages of the Process

The precise stages involved in unfair or wrong dismissal claims vary according to the circumstances. We have set out the key stages of a standard transaction: -

  • 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)
  • Undertaking regulatory checks
  • Entering into pre-claim conciliation where this is mandatory to explore whether a settlement can be reached
  • Preparing claim or response
  • Reviewing and advising on 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
  • 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
  • Preparation and attendance at Final Hearing, including instructions to Counsel
  • Reporting to you on the conclusion of the matter and closing your file.

The stages set out above are an indication and if some of stages above are not required, your legal fee may be reduced.

How long will my claim 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 2-4 weeks.

If your claim proceeds to a Final Hearing, your case is likely to take 4-6 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.

Factors That Could Make A Case More Complex

The following factors may make your case more complex and impact on your legal fees and disbursements: -

  • 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.

Should any of these factors occur we will notify you and discuss with you any increase in our legal fees or disbursements.

If you have any questions relating to our services and our fees please contact us on 020 7486 5131 or email us at admin@mwh-law.co.uk

Legal Team

The following team members handle all Employment matters: