Unfair Dismissal and/or Wrongful Dismissal claims Employment Tribunal Litigation
The following information is provided in accordance with the SRA Transparency Rules 2018.
In matters involving actual litigation for wrongful and/or Unfair Dismissal claims by clients in the Employment Tribunal clients are charged simply according to the amount of chargeable time incurred at a rate which of course changes from time to time and which clients will be notified of before they instruct this Firm. Most such cases of course do not proceed all the way through to the conclusion of a full Employment Tribunal Hearing but are settled by the parties before that. For a simple matter which does go all the way through to the conclusion of the Tribunal litigation, Solicitors fees for this on the basis that the matter is not complex and involves only a one day Final Employment Tribunal Hearing will tend to be in the region of £15,000 (plus VAT at 20%). The amount of time that has to be incurred of course is strongly influenced by the individual facts of each individual case. Solicitors’ fees for claims for Wrongful Dismissal alone will tend to be less than this. The amount of chargeable Solicitor’s time that has to be incurred varies of course according to matters such as (a) the number of witnesses called by both sides, and the number of Witness Statements that therefore have to be drafted or studied relating to them, (b) the amount of documentary evidence that is put before the Employment Tribunal, (c) whether there are any preliminary issues which legally need to be determined (which may or may not result in a Preliminary Hearing in the Employment Tribunal before any Final Hearing) (d) whether it is necessary to make or defend applications to amend Claims or Reponses (e) whether it is necessary to apply for or respond to a request for further information pursuant to Rule 31 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (f) whether it is necessary to make of defend a costs application and so on. These factors which can necessitate the incurrence of further legal time are set out by way of example only.
The fees set out above will tend to cover all of the work in relation to the following key stages of a
• Taking a client’s initial instructions, reviewing the papers and advising 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 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
• 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
It is impossible to set out a timescale for the above stages because some of them are as Ordered by the Employment Tribunal which will vary from case to case. Moreover, most cases of course do not go all the way through to a Final Employment Tribunal Hearing but are settled before this by the parties, and the point at which they are settled of course varies case by case. In terms of the Listing of a date for a Final Employment Tribunal Hearing if required, this varies at any time according to the case load of each individual Employment Tribunal. These matters will be discussed with all clients on an individual basis. For those cases that do proceed all the way through to a Final Employment Tribunal Hearing, Counsel’s fees may be incurred if a Barrister is instructed to appear as a client’s actual advocate in the Hearing. Counsel’s fees vary, according to the seniority of the Barrister instructed, and any Counsel’s fees will be notified to clients and agreed with them in advance of that Barrister being instructed. A very junior Barrister may charge a Brief Fee in the region of something like £750 plus VAT at 20% to include preparation for and attending a one day Final Employment Tribunal Hearing but obviously more senior Counsel will charge more than this.
If a simple case does proceed all the way through to conclusion and involves more than a one day Final Employment Tribunal Hearing or if a case is more complex, then fees would be greater than those set out above and this of course would be discussed with clients in advance and as the litigation evolves and progresses.
In reality of course, most cases do not go all the way through to a Final Employment Tribunal
Hearing, in which case of course fees may be considerably less than those referred to above.